2019-396-Minutes for Meeting July 29,2019 Recorded 9/18/2019�01ESCOG
BOARD OF
COMMISSIONERS
Recorded in Deschutes County
Nancy Blankenship, County Clerk CJ2019-396
Commissioners, Journal 09/18/2019 9:01:43 AM
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1300 NW Wall Street, Bend, Oregon
(541) 388-6570
10:00 AM
201 I9-396
10:00
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FOR RECORDING STAMP ONLY
BARNES & SAWYER ROOMS
Present were Commissioners Phil Henderson, Patti Adair, and Anthony DeBone. Also present were Tom
Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel;
and Sharon Keith, Board Executive Assistant. Several citizens and no identified representatives of the
media were in attendance.
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal website http://deschutescountyor.iqm2.com/Citizens/Default.aspx
CALL TO ORDER: Chair Henderson called the meeting to order at 10:00 am
PLEDGE OF ALLEGIANCE:
CITIZEN INPUT: None presented
CONSENT AGENDA: Before the Board was Consideration of Approval of the
Consent Agenda.
DEBONE: Move approval of Consent Agenda
ADAIR: Second
BOCC MEETING JULY 29, 2019 PAGE 1 OF 6
VOTE: DEBONE: Yes
ADAI R: Yes
HENDERSON: Chair votes yes. Motion Carried
Consent Agenda Items:
1. Consideration of Board Signature of Document No. 2019-573, a Lease with
Roxy Shawn AndraDe for Breitenbush Adult Home
2. Consideration of Chair Signature of Document No. 2019-586, ODOT IGA for
Vegetation Maintenance Services
3. Consideration of Board Signature of Document No. 2019-597, a Quitclaim
Deed
4. Consideration of Board Signature on Letter Appointing Dr. Jason Jundt to the
Deschutes County Public Health Advisory Board
5. Consideration of Board Signature on Letter Thanking Charles Frazier for
Service on the Deschutes County Public Health Advisory Board
ACTION ITEMS:
CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT
Consideration of Board Signature on Letter Appointing Ron Stephens to the
Sunriver Service District Managing Board
Consideration of Board Signature on Letter Reappointing Bill Hepburn to the
Sunriver Service District Managing Board
Consideration of Board Signature on Letter Thanking Greg Keller for Service
on the Sunriver Service District Managing Board
ADAI R: Move approval
DEBONE: Second
VOTE: ADAI R:
DEBONE:
HENDERSON:
Yes
Yes
Chair votes yes. Motion Carried
BOCC MEETING JULY 29, 2019 PAGE 2 OF 6
RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY
6. Consideration of Board Signature of Document No. 2019-561, Stericycle
Environmental Solutions, Inc. Amendment
County Counsel Dave Doyle presented the item. Commissioner DeBone
acknowledge the service for hazardous waste.
DEBONE: Move approval of Document No. 2019-561
ADAIR: Second
VOTE: DEBONE: Yes
ADAIR: Yes
HENDERSON: Chair votes yes. Motion Carried
7. PRESENTATION: Council on Aging of Central Oregon Program Update
and Discretionary Grant Application
Sarah Peterson, Health Services and Council on Aging of Central Oregon
representatives Susan Rotella and Annabell Pelham presented. The Council
on Aging submitted a discretionary grant application regarding a funding
request for a commercial washer and dryer.
8. Nonprime Resource Lands Update
Community Development Department staff Zechariah Heck, Peter Gutowsky,
and Nick Lelack presented an update on behalf of the Deschutes County
Planning Commission. The Planning Commission has completed their
deliberation relative to the eligibility criteria on the re -designation of the six
areas committed to residential uses. A draft policy speaks to the nonprime
resource lands adoption to develop zoning. The Board supports the
Planning Commission conducting further review of the standards.
BOGc MEETING JULY 29, 2019 PAGE 3 OF 6
At the time of 11:57 a.m., Commissioner Henderson excused himself from the
meeting and turned the meeting over to Commissioner Adair.
9. Potential Appeal of Marijuana Production Operation at 20400 Tumalo
Road, and Consideration of Order No. 2019-032
Cynthia Smidt, Community Development presented the item for
consideration. The Board supported hearing the appeal.
DEBONE: Move approval of Order No. 2019-032
ADAIR: Second
VOTE: DEBONE: Yes
ADAIR: Vice -Chair votes yes. Motion Carried
HENDERSON: Absent. Excused.
RECESS: At the time of 12:00 p.m., the Board went into recess and Chair Henderson
reconvened the meeting at 1:10 p.m. in the Allen Conference Room
10.2019 Legislative Wrap Up
PAC West representative Phillip Scheuers presented the wrap-up discussion
following this year's legislative session. The Board thanked Mr. Scheuers for
his involvement and facilitation during this year's session. The top five
priority bills were reviewed. The circuit court judge bill (HB 2239), at one time
rather late indicated that Deschutes County would receive one of the
authorized judges. However, as the process moved forward, Deschutes
County was left out - possibly since many of the other competing counties
had greater needs in the area of child welfare and juvenile dependency.
Commissioner Henderson commented on the lack of opportunity of public
testimony and lack of communication of the progress of the priority items for
Deschutes County. Commissioner Adair noted the importance of voicing our
position regarding an additional circuit court judge much earlier in
BOCC MEETING JULY 29, 2019 PAGE 4 OF 6
conjunction with the 2020 legislative session. Courthouse funding bill was
another priority on Deschutes County's list. Mr. Scheuers suggested this
should be addressed as a priority as well for the 2020 session. Another
priority was the marijuana bill. In the future, the Board, wants to know ahead
of time when there are hearings that should be attended. A list of various
bills were reviewed. Department staff present gave input on bills of interest
for the next session.
At the time of 1:59 p.m. Commissioner Adair excused herself to chair another
scheduled meeting in Sisters.
Mr. Scheuers will draft materials for the BOCC relative to marijuana
amendments. Mr. Scheuers noted the goal of the short session in 2020 is
primarily budget adjustments.
EXECUTIVE SESSIONS:
At the time of 2:51 p.m. the Board went into Executive Session under ORS 192.660 (2) (e)
Real Property Negotiations. The Board came out of Executive Session at 2:52 p.m.
At the time of 2:53 p.m. the Board went into Executive Session under ORS 192.660 (2) (d)
Labor Negotiations. The Board came out of Executive Session at 3:00 p.m.
COMMISSIONER UPDATE
• Commissioner DeBone attended the Wickiup Refinement Plan Meeting.
• Commissioner Henderson will attend the Eastern Oregon Counties
Association meeting in john Day on duly 30.
OTHER ITEMS:
• County Administrator Anderson reported on the potential hearing regarding
the Terrebonne Refinement Plan the meeting would be held in Terrebonne
on Monday, August 26 in the evening.
BOCC MEETING JULY 29, 2019 PAGE 5 OF 6
• County Administrator Anderson stated the staff at CDD has been working on
background on Terrebonne sewer and asked the BOCC if they would like the
discussion presented at the August 19 BOCC meeting or at a meeting in
September. Inclusion on the August 19 agenda was supported.
• County Administrator Anderson explained Catherine Morrow, LCDC, would
be able to present at a BOCC meeting.
• County Administrator Anderson contacted Health Services regarding a
discussion presented to the BOCC on homeless population. Commissioner
Henderson would also like information on the number of kids that are
homeless.
• County Administrator Anderson reported on the invitation for the Board to
attend the tour at the Smokejumper Center this Thursday. The tour is
scheduled for three hours.
• Deputy County Administrator Kropp noted The Council on Aging in Central
Oregon requested $2,000 in discretionary grant for a washer and dryer and
the funding could be split three ways with the BOCC funding if supported by
all three Commissioners.
Being no further items to come before the Board, the meeting was adjourned at 3:31 p.m.
DATED this DaY o 2019 for the Deschutes County Board of
Commissioners
ATTEST,
REC ING SECRETARY
BOCC MEETING JULY 29, 2019 PAGE 6 OF 6
BOCC MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 AM, MONDAY, JULY 29, 2019
Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend
This meeting is open to the public, usually streamed live online and video recorded. To watch it online, visit
www.deschutes.o g6meetings. Pursuant to ORS 192.640, this agenda includes a list of the main topics that are
anticipated to be considered or discussed. This notice does not limit the Board's ability to address other topics.
Meetings are subject to cancellation without notice.
Item start times are estimated and subject to change without notice.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
Cs7itf4 liNall
CONSENT AGENDA
Consideration of Board Signature of Document No. 2019-573, a Lease with Roxy
Shawn Andra De for Breitenbush Adult Home -James Lewis, Property Management
2. Consideration of Chair Signature of Document No. 2019-586, ODOT IGA for
Vegetation Maintenance Services - Chris Doty, Road Department Director
3. Consideration of Board Signature of Document No. 2019-597, a Quitclaim Deed -
James Lewis, Property Management
4. Consideration of Board Signature on Letter Appointing Dr. Jason Jundt to the
Deschutes County Public Health Advisory Board
Board of Commissioners BOCC Meeting Agenda Monday, July 29, 2019 Pagel of 3
5. Consideration of Board Signature of Letter Thanking Charles Frazier for Service on
the Deschutes County Public Health Advisory Board
ACTION ITEMS
CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT
Consideration of Board Signature of Letter Appointing Ron Stephens to the Sunriver
Service District Managing Board
Consideration of Board Signature of Letter Reappointing Bill Hepburn to the Sunriver
Service District Managing Board
Consideration of Board Signature of Letter Thanking Greg Keller for Service on the
Sunriver Service District Managing Board
RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY
6. 10:15 AM Consideration of Board Signature of Document No. 2019-561,
Stericycle Environmental Solutions, Inc. Amendment - David Doyle,
Legal Counsel
7. 10:25 AM PRESENTATION: Council on Aging of Central Oregon Program Update
and Discretionary Grant Application - Sarah Peterson, Systems
Development Specialist
8. 11:00 AM Nonprime Resource Lands - Update - Zechariah Heck, Associate Planner
9. 11:30 AM Potential Appeal of Marijuana Production Operation at 20400 Tumalo
Road, and Consideration of ORDER No. 2019-032 - Cynthia Smidt,
Associate Planner
RECESS
10.2019 Legislative Wrap Up
COMMISSIONER'S UPDATES
EXECUTIVE SESSION
Board of Commissioners BOCC Meeting Agenda Monday, July 29, 2019 Page 2 of 3
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation, ORS 192.660(2)(d), labor
negotiations, ORS 192.660(2)(b), personnel issues; or other executive session categories.
Executive sessions are closed to the public, however, with few exceptions and under specific guidelines,
are open to the media.
Executive Session under ORS 192.660 (2) (e) Real Property Negotiations
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
ADJOURN
ro® Deschutes County encourages persons with disabilities to participate in all programs and
activities. This event/location is accessible to people with disabilities. If you need
0® accommodations to make participation possible, please call (541) 617-4747.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.org/meetingcalendar
Meeting dates and times are subject to change. If you have questions, please call (541) 388-6572.
Board of Commissioners BOCC Meeting Agenda Monday, July 29, 2019 Page 3 of 3
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Meeting of July 29, 2019
DATE: July 24, 2019
FROM: Sarah Peterson, Health Services,
TITLE OF AGENDA ITEM:
PRESENTATION: Council on Aging of Central Oregon Program Update and Discretionary
Grant Application
BACKGROUND AND POLICY IMPLICATIONS:
The Council on Aging of Central Oregon (COACO) is a Deschutes County Service Provider
Grant recipient. In FY19 the Board of County Commissioners granted COACO $50,000
($30, 000 for Meals on Wheels and congregate dining and $20, 000 for kitchen equipment). In
FY20 COACO requested $75,000 ($50,000 for Meals on Wheels and congregate dining and
$25,000 to cover unanticipated kitchen renovation costs). In FY20 the Board of County
Commissioners granted COACO $40,000 ($30,000 for Meals on Wheels and congregate
dining and $10,000 for unanticipated kitchen renovation costs). Via a separate process, the
Council on Aging of Central Oregon also submitted a $2,000 Discretionary Grant Program
Application to support the purchase of a commercial washer and dryer. The Board of County
Commissioners requested that COACO present a program update including community
conditions that inform the need for funding.
FISCAL IMPLICATIONS: $2,000 Discretionary Grant Program Application Request.
ATTENDANCE: Sarah Peterson, Management Analyst, Deschutes County Public Health;
Susan Rotella, Executive Director, Council on Aging of Central Oregon; Dr. Anabel Pelham,
Board President, Council on Aging of Central Oregon; Denise LaBuda, Director, Planning and
Product Development, Council on Aging of Central Oregon
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Deschutes County Board of Commissioners
PO Box 6005, Bend, OR 97701-6005
1300 NW Wall Street, Suite 200, Bend, OR
Telephone: 541-388-6571 Pax: 541-385-3202
Website: www.deschutcs.org
DESCHUTES COUNTY
DISCRETIONARY GRANT PROGRAM APPLICATION
Today's Date: June 29, 2019 1 Project Name: I Washer and Dryer
Project Beginning Date: July 2019 ! - Project End Date: August 2019
Amount Requested: $2,000 I Date Funds Needed: August 2019
Name of Applicant Organization: Council on Aging of Central Oregon
Address: 373 NE Greenwood Ave
City & Zip Code: Bend 97703 Tax ID #: 93-0661229
Contact Name(s): Denise LaBuda Telephone #: (541) 678 5483
Fax #: F (541) 647-2689 Email Address: L dlabuda@councilonaging.org
On a separate sheet(s), please briefly answer the following questions:
1. Describe the applicant organization, including its purpose, leadership structure, and
activities.
2. Describe the proposed project or activity.
3. Provide a timeline for completing the proposed project or activity.
4. Explain how the proposed project or activity will positively impact the community.
5. Identify the specific communities or groups that will benefit.
6. Describe how grant funds will be used and include the source and amounts of matching
funds or in-kind contributions, if any. Itemize anticipated expenditures*.
7. If the grant will support an ongoing activity, explain how it will be funded in the future.
Attach:
Proof of the applicant organization's non-profit status.
* Applicant may be contacted during the review process and asked to provide a complete line item budget.
A
COUNCIL ON AGING
June 28, 2019
373 NE Greenwood Avenue
Bend OR 97701
Judith Ure
Deschutes County Department of Administrative Services
P.O. Box 6005
Bend, OR 97708-6005
Dear Judith,
T: (541) 678 5483
F: (541) 647 2689
Thank you for this opportunity to apply for a Board of County Commissioner discretionary grant. As
per the enclosed application packet, the Council on Aging of Central Oregon respectfully requests up
to $2,000 in funding for the purchase of a commercial washer and dryer to support our operations in
serving congregate meals at our site in Bend.
Participation in the congregate meals program enhances the daily nutrient intake, nutritional status,
social interactions and functionality of older adults. Improvements in these key factors for good health
and quality of life generates the necessary environment for older adults to age successfully. In
addition, many of our congregate participants take either a full meal or a snack home from the
congregate site, which further increases their overall daily nutrient intake.
Thank you, also, to the County Commissioners for your past support of the Council on Aging's
programs and services. Together, we are helping to prevent hunger, improve health, and promote
well-being among Deschutes County's most vulnerable older adults.
Sincerely,
De�/1.�Se l._Gi $U.DiGi
Denise LaBuda
Director, Planning and Product Development
A`
COUNCIL ON AGING 373 NE Greenwood Avenue T: (541) 678 5483
Bend OR 97701 F: (541) 647 2689
1. Describe the applicant organization, including its purpose, leadership structure, and activities.
a. The Council on Aging of Central Oregon seeks to prevent hunger, improve health, and promote
well-being, security, and independence among Central Oregon's most vulnerable older adults
and their family members. Incorporated as a non-profit in 1975, we are a designated Area
Agency on Aging for Central Oregon under the Older Americans Act. We advocate for, empower
and guide older adults to live with independence and well-being in age -friendly communities.
b. We educate, assess needs, provide direct assistance and serve as a portal to care for older
adults making it possible for them to "age in place" in their homes and communities. Our
services include Meals on Wheels, Caregiver Support, Financial and Legal Assistance, Housing
Options, In -Home Health and Activities of Daily Living Support, Medical/Dental/Vision/Hearing
Assistance, Medicare Counseling (SHIBA), and provide Transportation subsidies.
c. Our Executive Director, with direction from our Board of Directors and Advisory Council, leads
the organization of 24 employees and 400+ volunteers in implementing activities, and in
realizing goals and objectives, as articulated in our strategic plan.
2. Describe the proposed project or activity.
a. The Council on Aging respectfully requests up to $2,000 to help support the purchase of a
commercial washer and dryer so we can repurpose funds we are using to pay for a commercial
launder to clean our linens to other programs serving older adults in Bend.
b. We currently send our linens to a commercial laundry service. The expense to launder our
linens runs $100/month. Our annual expenditure today is about $1,200. That $1,200, for
example, could be repurposed to reduce the wait list for Meals on Wheels clients in Deschutes
County and feed 15 additional older adults Meals on Wheels meals, 5 days a week, for one
month.
3. Provide a timeline for completing the proposed project or activity.
a. Research commercial washers and dryers options July 2019
b. Select best product option for our space July 2019
c. Purchase washer and dryer Aug 2019
d. Take delivery of washer and dryer Aug 2019
e. Install washer and dryer Aug 2019
4. Explain how the proposed projector activity will positively impact the community.
a. Our congregate meals this fiscal year (July 1, 2018 —June 30, 2019) have fed 300 older adults in
Bend, and we average 40-50 diners per meal.
b. In the past 12 months, our volunteers served over 1,500 meals to older adults and their
caregivers in Bend at our congregate meal site.
c. We couldn't do our work without the more than 1,000 hours of volunteer support contributed
by these amazing men and women during our last fiscal year supporting our congregate meal
Page 1
I
L1,. i.. �i "
COUNCIL ON AUNG
373 NE Greenwood Avenue
Bend OR 97701
T:(541)678 5483
F: (541) 647 2689
program. These hours are worth $10,750 in Oregon wages based on the current minimum wage
level of $10.75/hour.
S. Identify the specific communities or groups that will benefit.
a. Central Oregon groups:
I. Older adults who share meals via congregate dining offered in Bend
ii. Unpaid Family Caregivers of our older adult clients who dine at our congregate site
iii. Our volunteer cooks and meal servers
iv. The general public, as our meals are available to anyone. If they are under 60 years of
age, we charge $4 for a healthy meal. Currently 10% of our congregate diners are under
60.
6. Describe how grant funds will be used and include the source and amounts of matching funds or in-
kind contributions, if any. Itemize anticipated expenditures.
a. We plan to commit $1,220 from our operating budget for these items with your support.
b. Budget items include:
i. Commercial Washer
ii. Commercial Dryer
iii. Installation contractor
iv. Hoses/connectors
Budget
$1,400
$1,200
$ 500
120
Total $3,220
7. If the grant will support an ongoing activity, explain how it will be funded in the future.
a. This is not an ongoing request
Page 2
riDepartment of the Treasury
Internal Revenue Service
In Cr Tax Exempt and Government Entities
lxiJ
COUNCIL ON AGING OF CENTRAL OREGON
373 NE GREENWOOD AVE
BEND, OR 97701
Date:
June 28, 2018
Person to contact:
Name: Ms. Wiles
ID number: 1000196728
Employer ID number:
93-0661229
Form 990 required:
Yes
Dear Sir or Madam:
We're responding to your request dated 05/14/2018, about your tax-exempt status.
We issued you a determination letter in February 1979, recognizing you as tax-exempt under Internal
(IRC) Section 501(c)( 3 ).
We also show you're not a private foundation as defined under IRC Section 509(x) because you're
described in IRC Sections 509(a)(1) and 170(b)(1)(A)(vi)
Donors can deduct contributions they make to you as provided in IRC Section 170. You're also qualified
to receive tax-deductible bequests, legacies, devises, transfers. or gifts under IRC Sections 2055. 2106
and 2522.
In the heading, we indicated whether you must file an annual information return. If you're
required to file a return, you must file one of the following by the 15th day of the 5thmonth after
the end of your annual accounting period.
• Form 990, Return of Organization Exempt From Income Tax
• Form 990 -EZ, Short Form Return of Organization Exempt From Income Tax
• Form 990-N, Electronic Notice (e -Postcard) for Tax -Exempt Organizations Not Required to
File Form 990 or Form 990EZ
• Form 990 -PF, Return of Private Foundation or Section 4947(a)(1) Trust Treated as Private
Foundation
According to IRC Section 60336), if you don't file a required annual information return or notice
for 3 consecutive years, we'll revoke your tax-exempt status on the due date of the 3rd required
return or notice.
You can get IRS fortes or publications you need from our website at www,irs.gov/forms-pubs or
by calling 800 -TAX -FORM (800-829-3676).
If you have questions, call 877-829-5500 between 8 a.m. and 5 p.m., local time, Monday through
Letter 4168 (2-2018)
Catalog Number 66666G
Friday (Alaska and Hawaii follow Pacific time).
Thank you for your cooperation.
Sincerely,
Stephen A. Martin
Director, Exempt Organizations
Rulings and Agreements
Letter 4168 (2-2018)
Catalog Number 66666G
I E S CSG
� 0 2
o' h� Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Meeting of July 29, 2019
DATE: July 24, 2019
FROM: Zechariah Heck, Community Development, 541-385-1704
TITLE OF AGENDA ITEM:
Nonprime Resource Lands - Update
BACKGROUND AND POLICY IMPLICATIONS:
The Planning Commission is seeking direction from the Board on the scope of its review (and
potential process) on the Nonprime Resource Lands amendments.
ATTENDANCE: Nick Lelack, CDD Director; Peter Gutowsky, Planning Manager; Zechariah
Heck, Associate Planner.
TO: Board of County Commissioners ('Board")
FROM: Nick Lelack, AICP, Director
Peter Gutowsky, AICP, Planning Manager
Zechariah Heck, Associate Planner
DATE: July 24, 2019
SUBJECT: Nonprime Resource Lands - Update
To date, the Planning Commission has held three (3) open houses, two (2) public hearings, and two (2)
deliberations regarding Comprehensive Plan amendments addressing Nonprime Resource (NPR)
Lands (File No. 247 -19 -000265 -PA). The Planning Commission is scheduled to continue deliberations on
August 8. In the interim, the Planning Commission is seeking direction from the Board on the scope of
its review (and potential process) on the NPR Lands amendments.
I. SUMMARY OF AMENDMENTS
There are two components to the NPR Lands amendments.
Comprehensive Plan policies identify opportunities to re -designate six areas committed to
residential uses that were platted or conveyed prior to State enabling planning legislation taking
effect in Deschutes County;' and
• Comprehensive Plan policies establish eligibility criteria for re -designating Exclusive Farm Use
(EFU) or Forest Use zoned properties to NPR Lands.
If NPR Land policies/criteria are acknowledged, Deschutes County would propose a new
Comprehensive Plan designation and NPR -10 zone solelyto the six areas committed to residential uses.
This new zone would allow residential uses outright. The County would also adopt into Deschutes
County Code, Title 18 - Zoning, a NPR -20 zone. This zone would be required for all future "Non -
Resource" lands quasi-judicial Comprehensive Plan / Zone Change applications.
II. UPDATE ON RECOMMENDATION STATUS
The Planning Commission approved the following the recommendations on July 9 and 11:
' The six residentially committed areas are: Haner Park, Section 36, Skyline Subdivision and 1 st Addition, Squaw Creek
Canyon Recreational Estates 1 st Addition and Meadow Crest Acres Subdivision.
1 i 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Q, (5d 1) 388-6575 @ cdd@)deschmes .org @ wwvvv.desc-iuCe ,.org/cd
Recommended by 5-0-1 vote (five in favor, one abstention) to support the Comprehensive Plan
amendments to establish criteria that would enable the County in a subsequent phase to
establish a NPR -10 zone and rezone six (6) residentially committed areas.
2. Recommended by a 5-1-1 (five in favor, one opposed, and one abstention) vote to check-in with
the Board to gain approval to further review and likely expand the Comprehensive Plan eligibility
criteria pertaining to rezoning other farm and forest lands to a NPR -20 zone, and establishing a
process to review and expand those criteria. The majority(5)wantto confirm the Board supports
their efforts to potentially expand the proposed criteria beyond the proposed criteria. While
they did not elaborate on the process, staff assumes they may want to re -open the public record
to allow additional public comments on these criteria.
3. Recommended 5-0-2 (five in favor, two abstentions) to support resubmitting the County's 2015
letter (with an updated date and members) from both the Board and Planning Commission to
the Land Conservation and Development Commission to develop and adopt statewide non -
resource lands administrative rules.
III. POLICY AMENDMENTS
Below are the draft goal and policy amendments. As noted above the Planning Commission
recommended approving policies pertaining to lands committed to residential uses (Policies 3.11.9 to
3.11.16).2
Goal 1 Allow the designation of Nonprime Resource Lands in Deschutes County
Nonprime Resource Lands - General Policies
Policy 3.11.1 A proposal to designate Nonprime Resource Lands maybe initiated by either a property
owner or Deschutes County.
Policy 3.11.2 The purpose of the Nonprime Resource Lands designation is to allow low intensity rural
development.
Policy 3.11.3 To qualify for a Nonprime Resource Lands comprehensive plan designation and Nonprime
Resource Lands zoning, a property must demonstrate:
a. The State's soil and definitional standards of agricultural land do not apply because:
i. Fifty-one percent of a property contains Class Vll or Vlll soils as classified by the NRCS;
ii. The site is not suitable for farm use:
1. It cannot be used forgrazing or in conjunction with adjoining or nearby agricultural
or grazing operations.
2. It has no availability of water for farm irrigation.
3. It cannot be combined with any other adjacent land for farming to occur
2 The Planning Commission recommended deleting Policy 3.11.15 because staff determined Goal 5 and an ESEE analysis is
no longer required.
Policy 3.11.15 Notwithstanding Policy 3.11.3.c, lands committed to residential uses with significant Goal 5 natural
resources are eligible for a Nonprime Resource Lands -10 zone subject to an ESEE analysis.
Page 2 of 7
4. It is not intermingled with lands in Class I -VI soils.
5. It is unnecessary to allow adjacent properties to continue to function as agricultural
land.
b. The State's soil and definitional standards of forest land or forest productivity potential do
not apply by showing the entire parcel possesses a potential productivity of less than 20
cubic feet per acre per year, at culmination of mean annual increment, for one or more
tree species native to Deschutes County;
c. It does not contain Goal 5 natural resources,
d. It is located in a fire -protection district or can be annexed into one,
e. It does not significantly affect a County or State transportation system consistent with
Statewide Planning Goal 12,
f. If irrigation districts are impacted by a Nonprime Resource Lands designation, identify
conditions of approval that should be placed on the property.
Policy 3.11.4 A Nonprime Resource Lands -20 zone provides procedures and standards for low density
rural development that balances the public's interest in the management of community
growth with the protection of individual property rights.
Policy 3.11.5 The Nonprime Resource Lands -20 zone applies to eligible properties excluding those
identified in Policy 3.11.12.
Policy 3.11.6 The minimum parcel size for the Nonprime Resource Lands -20 zone shall be 20 acres.
Policy 3.11.7 A single family dwelling or a manufactured home and their accessory uses shall be permitted
outright.
Policy 3.11.8 Until a Nonprime Resource Lands -20 zone is adopted, property owners can continue as
before and apply for a rezone from Exclusive Farm Use to Multiple Use Agriculture.
Goal 2 Resolve resource zoning restrictions applied to subdivisions platted prior to Statewide
planning legislation taking effect in Deschutes County, Haner Park, and Section 36 in
Township 22S, Range 10E
Nonprime Resource Lands - Committed Residential Use Policies
Policy 3.11.9 A Nonprime Resource Lands -10 zone provides procedures and standards for rural
residential living environments and development that balance the public's interest in the
management of community growth with the protection of individual property rights.
Policy 3.11.10 A single family dwelling or a manufactured home and their accessory uses shall be permitted
outright.
Policy 3.11.11 The minimum parcel size for the Nonprime Resource Lands -10 zone shall be 10 acres.
Policy 3.11.12 The Nonprime Resource Lands -10 zone is available only for the following properties
committed to residential uses because they are platted, parcelized, or partially developed.
Page 3 of 7
a. Meadow Crest Acres Subdivision
b. Skyline Subdivision
c. Skyline Subdivision, 1-51 Addition
d. Squaw Creek Canyon Recreational Estates 1St Addition
e. Haner Park
f. Section 36, Township 22S, Range 10E
Policy 3.11.13 Notwithstanding Policies 3.11.3.a.i. and 3.11.3.a.ii.4., lots in Meadow Crest Acres Subdivision
and Squaw Creek Canyon Recreational Estates 1 StAddition with 51% or more Class I -VI soils
or intermingled with Class I -VI soils remain eligible upon demonstration that the property is
unsuitable for farm use based on its land use history and whether a reasonable farmer
would put the land to agricultural use.
Policy 3.11.14 Notwithstanding Policy 3.11.3b., lots in Haner Park, Section 36, Skyline Subdivision, and
Skyline Subdivision 11t Addition committed to residential uses that entirely possess a
potential productivity of 20 or more cubic feet per acre per year, at culmination of mean
annual increment, for one or more tree species native to Deschutes County remain eligible
upon demonstration that the property is unsuitable for forestry use based on its land use
history and whether a reasonable forester or farmer would put the land to forestry or
agricultural use.
Policy 3.11.16 Until a Nonprime Resource Lands -10 zone is adopted, property owners can continue as
before and apply for a rezone from Exclusive Farm Use to Multiple Use Agriculture.
IV. MATRIX
Attached is a matrix that lists the proposed goals and policies with staff comments.
Page 4 of 7
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o Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Meeting of July 29, 2019
DATE: July 22, 2019
FROM: Cynthia Smidt, Community Development, 541-317-3150
TITLE OF AGENDA ITEM:
Potential Appeal of Marijuana Production Operation at 20400 Tumalo Road, and
Consideration of ORDER No. 2019-032
BACKGROUND AND POLICY IMPLICATIONS: Before the Board of County Commissioners
is a potential appeal to the administrative decision approving a modification to the marijuana
production facility in the Exclusive Farm Use Zone and proposed by Daivd Common. The
Board will consider Order No. 2019-032 and whether to call up the matter for review if the
decision is appealed.
See attached staff memorandum and attachments for further background information.
FISCAL IMPLICATIONS: None
ATTENDANCE: Cynthia Smidt, Associate Planner
MEMORANDUM
DATE: July 22, 2019
TO: Board of County Commissioners
FROM: Cynthia Smidt, Associate Planner
RE: Administrative Decision (File No. 247 -19 -000294 -MC) to Hear Potential Appeal
The Board of County Commissioners (Board) will conduct a work session on July 29 at 1:30 PM and
will consider hearing a potential appeal of an administrative decision (File No. 247 -19 -000294 -MC)
approving a modification to a previously approved marijuana production facility.
1. APPLICATION
The applicant, David Common, submitted a request on April 5, 2019, for a Modification of Conditions
(MC) to alter a previously approved marijuana production facility at 20400 Tumalo Road, Bend
(reference land use file no. 247 -16 -000835 -AD). The applicant requested approval to alter the water
supply for the previously approved marijuana production facility in the Exclusive Farm Use (EFU)
Zone. The proposal includes changing the water supply from exclusively Central Oregon Irrigation
District (COID) irrigation water to delivered water, primarily. Water will be delivered to a storage
tank with an 850 gallon holding capacity. The applicant will contract with Bend Water Hauling, LLC
for water delivery once per month. All odor, noise, siting, and access requirements will remain
unchanged from the previous approval.
II. DECISION
The Planning Division issued an administrative decision for a modification to the marijuana
production facility on July 17, 2019, determining the applicant met the applicable criteria. Notice of
the decision was sent to neighboring property owners. No public comments have been received.
The decision becomes final if not appealed by 5:00 PM on July 29, 2019.
III. APPEAL
No appeal has been filed as of the date of this memo. Staff considers an appeal is unlikely because
no public comments have been submitted.
i 1 7 NVV La(a;�eti_e Avenue, Mend, Oregon, 57703 P.O Lox 6005, L, pi d, 01 4 7708 6005
(5xi j 3 33 0515_ ca wc;eschi i s -org vrvr,n�.cie�c iuces.urg cn
IV. 150 -DAY LAND USE CLOCK
The 150 -day period for issuance of a final local decision is October 3, 2019.
V. BOARD OPTIONS
Deschutes County Code Section 22.28.050 authorizes the Board to initiate a review of any
administrative action or a Hearings Body's decision within 12 days of the date of mailing of the final
written decision of the Planning Director or lower Hearings Body. The 12th day (including weekends)
following the mailing date of this decision is Monday, July 29, 2019. A Board Order (2019-032) to
initiate review is attached to this memo.
The Board may set reasonable time limits on oral testimony at public hearings, pursuant to DCC
22.24.070. If the Board hears a potential appeal and sets time limits for testimony, staff will include
those time limits in the notice of public hearing.
The entire record as of July 22, 2019, is attached to this memo and is presented with the most recent
items first.
Table of Contents:
1. 2019-07-22 Board Order 2019-032 (unsigned)
2. 2019-07-17 Findings & Decision
3. 2019-07-17 Notice of Decision
4. 2019-05-19 COID Comments
5. 2019-05-09 Land Use Action Sign Affidavit
6. 2019-04-12 Notice of Application
7. 2019-04-11 Senior Transportation Comments
8. 2019-04-08 Land Use Action Sign letter
9. 2019-04-05 Land Use Application with Attachments
10.2019-04-05 Attachment 1 - Burden of Proof
11.2019-04-05 Attachment 2 - Bend Water Hauling Letter dated 2019-01-31
12.2019-04-05 Attachment 3 - Bend Water Hauling Invoice dated 2019-04-05
13.2019-04-05 Attachment 4 - Deeds
14.2019-04-05 Attachment 5 - Site Plan
247 -19 -000294 -MC Page 2 of 2
FILE NUMBER:
APPLICANT:
PROPERTY OWNER:
APPLICANT'S ATTORNEY:
PROPOSAL:
STAFF CONTACT:
I. APPLICABLE CRITERIA:
FINDINGS AND DECISION
247 -19 -000294 -MC
David Common
20400 Tumalo Road
Bend, Oregon 97703
Dale C. Common Revocable Trust
Dale C. Common, Trustee
7843 Stearman Road
Tracy, California 95377
Kristin Stankiewicz
1211 SW 5th Avenue, Suite 2850
Portland, Oregon 97204
The applicant requests a Modification of Conditions of permit 247-
16 -000835 -AD, which approved marijuana production on the
subject property. The applicant requests allowing the approved
water system to include delivery of water for irrigation purposes.
The subject property is within the Exclusive Farm Use Zone.
Cynthia Smidt, Associate Planner
Title 22, Deschutes County Procedures Ordinance
Chapter 22.36. Limitations on Approvals
Title 18, Deschutes County Zoning Ordinance
Chapter 18.16. Exclusive Farm Use Zone
Chapter 18.116. Supplementary Provisions
Land use approval 247 -16 -000835 -AD
117 NW Lafayette Avenue, Bend, Oregon 97703 ( P.O. Box 6005, Bend, OR 97708-6005
Q� (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd
11. BASIC FINDINGS:
LOCATION: The property is located at 20400 Tumalo Road, Bend and is identified on Deschutes
County Assessor's Map 16-12-28 as tax lot 306. The subject property is shown on the following
map:
Subject
Property
Ar
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Fifl
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is-G1.ACiG� 11FA VK
LOT OF RECORD: Deschutes County has recognized the subject property as a legal lot of record
pursuant to File No. 247 -16 -000647 -LR.
ZONING: The property is zoned Exclusive Farm Use (EFU). A portion of the property is zoned
Flood Plain (FP); however, the existing use and proposed modification will occur outside of the
FP Zone. The property is also within the Conventional Housing (CHC) and Airport Safety (AS)
Combining Zones.
SITE DESCRIPTION: The subject property is approximately 12.09 acres in size and rectangular.
Tumalo Road is adjacent to the property's southern boundary. The topography of the site is
relatively level and contains irrigated pasture/farm land. According to the Flood Insurance Rate
Map (FIRM) for Deschutes County, the southern region (approximately 2.05 acres) of the
property is located in the 100 -year flood plain. According to the National Wetlands Inventory
the subject property contains wetlands (approximately 0.07 acres).
247 -19 -000294 -MC Page 2 of 18
SURROUNDING LAND USES: The area surrounding the subject properties consists of farm and
rural residential properties. Zoning in the area consists primarily of EFU, FP, and Multiple Use
Agricultural (MUA-10).
PROPOSAL: The applicant is requesting a modification of approval granted for file no. 247 -16-
000835 -AD, an administrative decision approving marijuana production on the subject property.
The applicant requests to change the approved water system to include the primary use of
delivery of water for irrigation purposes. The subject property contains 11 acres of water rights
through Central Oregon Irrigation District (COID)', some of which are used for the production of
marijuana. The applicant requests to change the water supply from exclusively COID irrigation
water to delivered water, primarily. Water will be delivered to a storage tank with an 850 gallon
holding capacity. The applicant will contract with Bend Water Hauling, LLC for water delivery
once per month.
PUBLIC AGENCY COMMENTS: The Planning Division mailed notice to several agencies and
received the following comments.
Central Oregon Irrigation District: Kelley O'Rourke submitted the following comments on
April 19, 2019.
According to our records, the subject property has 11.0 acres of COID water rights. In
addition, our records indicate that the COID water rights are delivered by Swalley Irrigation
from headgate 01-1270.
Listed below are COIDs initial comments to the provided Notice of Application. All
development affecting irrigation facilities shall be in accordance with COID's Development
Handbook and/or as otherwise approved by the District.
COID does not object to the use of MU/QM water for the purposes of supplemental
irrigation. COID retains its right to access structures utilizing. COID irrigation to
document beneficial use of the COID water right. If COID water is no longer needed
for the purpose of irrigating marijuana, applicant should contact COID to discuss
transfer of COID water off the footprint of greenhouse.
COID provided comments to 247 -16 -000835 -AD on 1/10/17 that still apply.
o There are no COID facilities on the subject property.
o The subject property may have Swalley ditches that run through it.
o There are 11 acres of COID water rights on the subject property that are
served by Swalley Irrigation.
o Contact COID concerning use of water rights outside of mapped area.
o Contact COID if new non greenhouse structures are to be built on top of
mapped water rights.
As noted in the Public Agency Comments, the water rights are through COID but are delivered by Swalley
Irrigation District's head gate 01-1270.
247 -19 -000294 -MC Page 3 of 18
o COID response to Community Development Notice for Proposed Marijuana
Production:
Central Oregon Irrigation District (COID) serves this property with 11.0
acres of irrigation water during the irrigation season of April 1st through
October 31st at a rate of up to 6 gallons per minute per acre. This water
cannot be used for irrigation during the winter months. An additional
source (not COID) of water is necessary to irrigate between November
1st and March 31st. If the recreational marijuana production facility is
agreenhouse or other structure proposed to be built on top of the COID
water right, land -user must allow COID annual access to the structure
to document beneficial use of the water right. Structures on top of a
water right for any purpose other than growing plants is not allowed.
• Applicant should contact COID to determine status of water
rights prior to construction of production facility
• Plot Plan is required to assist COID in determining if the
proposed structure will be located on the water right or if a
water transfer application is needed to transfer water to it.
Our comments are based on the information provided, which we understand to be
schematic in nature at this time. Our comments are subject to change. Additional
requirements may be made as site planning progresses or additional information becomes
available. Please provide updated documents to COID for review as they become available.
Irrigation infrastructure and right-of-way are required to be identified on all maps and
plans. Policies, standards, fees and requirements set forth in the COID Developer
Handbook must be complied with. If you have any questions, please contact me at 541-
548-6047.
Deschutes County Transportation Planner: Peter Russell, Senior Transportation Planner
provided the following comments on April 11, 2019.
I have reviewed the transmittal materials for file 247 -19 -000294 -MC to modify a condition
of approval for 247 -16 -000835 -AD; the earlier decision approved marijuana production in
Exclusive Farm Use (EFU) zone at 20400 Tumalo Road, aka Assessor's Map 16-12-28, Tax
Lot 306. The applicant requests to change the water supply from exclusively Central
Oregon Irrigation District (COID) water to delivered water, primarily.
On page 3 of the submitted burden of proof, the applicant states one truck a month from
a private provider will deliver water to the site. Deschutes County Code (DCC) at
18,116.310(C)(3)(a) states no traffic analysis is required for any use that will generate less
than 50 new weekday trips. The proposed land use will not meet the minimum threshold
for additional traffic analysis.
The applicant will need to provide a copy of or obtain an approach road permit from
Deschutes County to comply with DCC 17.48.210(A).
247 -19 -000294 -MC Page 4 of 18
Board Resolution 2013-020 sets a transportation system development charge (SDC) rate of
$4,240 per p.m. peak hour trip. County staff has determined the addition of two trips a
month is inconsequential and thus no SDC is required.
The following agencies did not respond or had no significant comments: Bend Fire
Department, Deschutes County Road Department, and Watermaster - District 11.
PUBLIC COMMENTS: The Planning Division sent notice of this proposal to all property owners
within 750 feet of the subject property. No written comments were received.
REVIEW PERIOD: The application was submitted to the Planning Division on April 5, 2019. The
Planning Division deemed the application complete and accepted it for review on May 5, 2019.
Based on this information, the 150th day on which the County must take final action on this
application is October 3, 2019.
III. FINDINGS AND CONCLUSIONS:
Title 22, Deschutes County Development Procedures Ordinance
CHAPTER 22.36. LIMITATION ON APPROVALS
Section 22.36.040. Modification of Approval.
A. An applicant may apply to modify an approval at any time after a period of six months
has elapsed from the time a land use action approval has become final.
FINDING: This criterion is met because the applicant applied to modify the approval for 247-
16 -000835 -AD approximately one year, 11 months after the time the approval became final.
The County approved the Administrative Determination for marijuana production by the
written decision mailed April 14, 2017, which became final on April 26, 2017, once the 12 -day
appeal period had lapsed.
B. Unless otherwise specified in a particular zoning ordinance provision, the grounds for
filing a modification shall be that a change of circumstances since the issuance of the
approval makes it desirable to make changes to the proposal, as approved. A
modification shall not be filed as a substitute for an appeal or to apply for a
substantially new proposal or one that would have significant additional impacts on
surrounding properties.
FINDING: Through County file no. 247 -16 -000835 -AD, the applicant received approval of a
marijuana production facility on the subject property with the exclusive use of COID
irrigation water rights. The change of circumstance in this case includes the applicant's
interest in changing the water source and County Code - DCC 18.116.330(B)(12), which
requires a modification of the original land use action when the water source changes. The
247 -19 -000294 -MC Page 5 of 18
applicant states, generally, the interest in not using COID irrigation water exclusively but
instead use delivered water as an additional water source. Water will be delivered to a
storage tank on the property that has an 850 -gallon holding capacity. The applicant will
contract with Bend Water Hauling, LLC for delivery of water once per month.
The requested modification is not being filed as a substitute for an appeal nor is the applicant
applying for a substantially new proposal or one that would have significant additional
impacts on surrounding properties.
C. An application to modify an approval shall be directed to one or more discrete aspects
of the approval, the modification of which would not amount to approval of a
substantially new proposal or one that would have significant additional impacts on
surrounding properties. Any proposed modification, as defined in DCC 22.36.040, shall
be reviewed only under the criteria applicable to that particular aspect of the proposal.
Proposals that would modify an approval in a scope greater than allowable as a
modification shall be treated as an application for a new proposal.
FINDING: The proposed modification is directed at DCC 18.116.330(B)(1 2)2 regarding water
supply for marijuana production facilities. Staff finds that it does not constitute a
substantially new proposal, but only a change of a water supply for plant growth. The
proposed change in water supply will not have significant additional impacts on surrounding
properties based on the findings addressed below.
D. An application for a modification shall be handled as a land use action.
FINDING: The proposed modification is being handled as a land use action. Notice of
decision will be mailed to property owners within 750 feet of the subject property.
Title 18, Deschutes County Zoning Ordinance
CHAPTER 18.16. EXCLUSIVE FARM USE ZONE
Section 18.16.020. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright.
S. Marijuana production, subject to the provisions of DCC 18.116.330.
FINDING: Through County file no. 247 -16 -000835 -AD, the applicant received approval of a
marijuana production facility on the subject property with the exclusive use of COID
irrigation water rights. The applicant is interested in changing the water supply to be
primarily delivered water and not to use COID water rights exclusively. Water will be
z The former code section addressing water supply was DCC 18.116.330(B)(13), which was the section
reviewed in the applicant's approval of file 247 -16 -000835 -AD.
247 -19 -000294 -MC Page 6 of 18
delivered to a storage tank on the property that has an 850 -gallon holding capacity. The
applicant will contract with Bend Water Hauling, LLC for delivery of water once per month.
The proposed modification is a use permitted subject to compliance with the applicable
provisions of DCC 18.116.330. Compliance with these provisions is addressed in this
decision.
CHAPTER 18.80. AIRPORT SAFETY COMBINING ZONE
CHAPTER 18.92. CONVENTIONAL HOUSING COMBINING ZONE
CHAPTER 18.96. FLOOD PLAIN ZONE
FINDING: The applicant received approval for a marijuana production facility through file
247 -16 -000835 -AD. The applicant requests to change the water supply for the facility. The
requested modification does not change the findings for other standards or conditions of
DCC 18.80, 18.92, and DCC 18.96 that were addressed in original approval of file 247 -16-
000835 -AD.
CHAPTER 18.116. SUPPLEMENTARY PROVISIONS
Section 18.116.330. Marijuana Production, Processing, and Retailing.
The applicant received approval for marijuana production through County file 247 -16-
000835 -AD, which was reviewed under the former code provisions of DCC 18.116.330. The
proposed modification, however, will be reviewed under the revised provisions adopted
through County Ordinance 2018-012.
A. Applicability. Section 18.116.330 applies to:
1. Marijuana Production in the EFU and Rl zones.
2. Marijuana Processing in the EFU, TeC, TeCR, TUC, Tul, Rl, and SUBP.
3. Marijuana Retailing in the RSC, TeC, TeCR, TUC, Tul, RC, Rl, SUC, SUM and SUBP zones.
4. Marijuana Wholesaling in the RSC, TeC, TeCR, TOC, RC, SUC, and SUBP zones.
FINDING: The applicant has proposed to modify a previously approved marijuana
production facility in an EFU Zone. Pursuant to DCC 22.36.040(C), under the current
application staff will review only the criterion applicable to that particular aspect of the
proposal that is proposed for modification. In particular, the water supply for the production
of the crop. All other aspects of the marijuana processing operation will remain unchanged
from the previous approval.
B. Marijuana production and marijuana processing. Marijuana production and marijuana
processing shall be subject to the following standards and criteria:
1. Minimum Lot Area.
a. in the EFU zone, the subject legal lot of record shall have a minimum lot area of
five (5) acres
247 -19 -000294 -MC Page 7 of 18
FINDING: The subject property is 12.09 acres in size. The applicant is not proposing a change
in lot area.
2. Indoor Production and Processing.
a. In the EFU zone, marijuana production and processing shall only be located in
buildings, including greenhouses, hoop houses, and similar structures.
b. In all zones, marijuana production and processing are prohibited in any outdoor
area.
FINDING: Staff notes thatthe current proposal will modifythe water supplyto the marijuana
production facility. The proposal does alter where the production occurs and thus will
continue to be located inside a building.
3. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area
for mature marijuana plants shall apply as follows:
a. Parcels from 5 acres to less than 10 acres in lot area. 2,500 square feet.
b. Parcels equal to or greater than 10 acres to less than 20 acres in lot area: 5,000
square feet. The maximum canopy area for mature marijuana plants may be
increased to 10,000 square feet upon demonstration by the applicant to the
County that:
i. The marijuana production operation was lawfully established prior to
January 1, 2015; and
ii. The increased mature marijuana plant canopy area will not generate adverse
impact of visual, odor, noise, lighting, privacy or access greater than the
impacts associated with a 5,000 square foot canopy area operation.
c. Parcels equal to orgreater than 20 acres to less than 40 acres in lot area: 10,000
square feet.
d. Parcels equal to or greater than 40 acres to less than 60 acres in lot area: 20,000
square feet.
e. Parcels equal to or greater than 60 acres in lot area: 40,000 square feet.
FINDING: As noted previously, the current proposal is to modify a previously approved
water supply for crop production. The proposal does not alter the plant canopy size.
4. Limitation on License/Grow Site per Parcel. No more than one (1) Oregon Liquor
Control Commission (OLCC) licensed marijuana production or Oregon Health
Authority (OHA) registered medical marijuana grow site shall be allowed per legal
parcel or lot.
FINDING: As noted previously, the current proposal is to modify a previously approved
water supply for the existing marijuana production facility. The existing marijuana
production facility will continue as only one OLCC licensed facility on the legal parcel.
S. Setbacks. The following setbacks shall apply to all marijuana production and
processing areas and buildings
247 -19 -000294 -MC Page 8 of 18
a. Minimum Yard Setback/Distance from Lot Lines: 150 feet.
b. Setback from an off-site dwelling. 400 feet.
c. Setback from Federal public lands: 300 feet.
d. For the purposes of this criterion, an off-site dwelling includes those proposed
off-site dwellings with a building permit application submitted to Deschutes
County prior to submission of the marijuana production or processing
application to Deschutes County
Exception: Any reduction to these setback requirements may be granted by the
Planning Director or Hearings Body provided the applicant demonstrates the
reduced setbacks afford equal or greater mitigation of visual, odor, noise,
lighting, privacy, and access impacts
FINDING: The applicant does not propose changes to setbacks of the previously approved
production facility footprint. The proposed water tank will be located under the front awning
on the south of the marijuana production facility. The production facility is and will continue
to be located in the same location approved under file 247 -16 -000835 -AD.
6. Separation Distances. Minimum separation distances shall apply as follows:
a. The applicant property line shall be located a minimum of 1,320 feet from:
L A public elementary or secondary school for which attendance is compulsory
under Oregon Revised Statutes 339.010, et seq., including any parking lot
appurtenant thereto and any property used by the school,
ii. A private or parochial elementary or secondary school, teaching children as
described in ORS 339.030(1)(a), including any parking lot appurtenant
thereto and any property used by the school,
iii. A licensed child care center or licensed preschool, including any parking lot
appurtenant thereto and any property used by the child care center or
preschool. This does not include licensed or unlicensed child care which
occurs at or in residential structures,
iv. A youth activity center;
v. State, local, and municipal parks, including land owned by a parks district;
vi. Redmond Urban Reserve Area;
vii. The boundary of any local jurisdiction that has opted out of Oregon's
recreational marijuana program, and
viii. Any other lot or parcel approved by Deschutes County for marijuana
production.
b. For purposes of DCC 18.116.330(8)(6), all distances shall be measured from the
lot line of the affected properties listed in DCC 18.116.330(B)(6)(a) to the closest
point of the applicant's property line of land occupied by the marijuana producer
or marijuana processor.
c. A change in use of another property to those identified in DCC 18.116.330(8)(6)
shall not result in the marijuana producer or marijuana processor being in
violation of DCC 18.116.330(8)(6) if the use is:
L Pending a local land use decision;
ii. Licensed or registered by the State of Oregon, or
247 -19 -000294 -MC Page 9 of 18
iii. Lawfully established.
FINDING: No changes to the separation distances of the previously approved production
facility are proposed in the current application. The production facility is and will continue
to be located in the same location approved under file 247 -16 -000835 -AD.
7. Access. Marijuana production sites shall comply with the following standards.
a. Have frontage on and legal direct access from a constructed public, county, or
state road, or...
FINDING: The subject property has frontage on, and legal direct access from, Tumalo Road,
a constructed public road.
8. Lighting. Lighting shall be regulated as follows:
a. Inside building lighting, including greenhouses, hoop houses, and similar
structures, used for marijuana production shall not be visible outside the
building from sunset to sunrise.
b. Lighting fixtures shall be fully shielded in such a manner that all light emitted
directly by the lamp or a diffusing element, or indirectly by reflection or
refraction, is projected below the horizontal plane through the lowest light -
emitting part.
c. Light cast by exterior light fixtures other than marijuana grow lights shall
comply with DCC 15. 10, Outdoor Lighting Control.
FINDING: There are no changes proposed to the lighting requirements previously approved
through file 247 -16 -000835 -AD.
9. Odor. The building shall be equipped with an effective odor control system which
must at all times prevent unreasonable interference of neighbors' use and
enjoyment of their property. As used in DCC 18.116.330(8)(9), building means the
building, including greenhouses, hoop houses, and other similar structures, used for
marijuana production or marijuana processing. Odor produced by marijuana
production and processing shall comply with the following.
a. Odor control plan. To ensure that the standard stated in DCC 18.116.330(B)(9) is
continuously met, the applicant shall submit an odor control plan prepared and
stamped by a mechanical engineer licensed in the State of Oregon that includes
the following:
i. The mechanical engineer's qualifications and experience with system design
and operational audits of effective odor control and mitigation systems,
ii. A detailed analysis of the methodology, including verified operational
effectiveness, that will be relied upon to effectively control odor on the
subject property,
iii. A detailed description of any odor control systems that will be utilized,
including operational schedules and maintenance intervals,
247 -19 -000294 -MC Page 10 of 18
iv. Contingence measures if any aspect of the odor control plan fails or is not
followed, or if it is otherwise shown that the standard stated in DCC
18.116.330(8)(9) is not met,
v. Testing protocols and intervals; and
A Identification of the responsible parties tasked with implementing each
aspect of the odor control plan,
b. Modifications. Significant modifications to the odor control plan, including but
not limited to replacement of one system for another or a change in odor control
methodology shall be approved in the same manner as a modification to a land
use action pursuant to DCC 22.36.040.
c. The system shall at all times be maintained in working order and shall be in use.
FINDING: No changes to the odor control system of the previously approved production
facility are proposed in the current application.
10. Noise. Noise produced by marijuana production and marijuana processing shall
comply with the following.-
a.
ollowing:a. Standard. To prevent unreasonable interference of neighbors' use and
enjoyment of their property, sustained noise including ambient noise levels shall
not be detectable beyond the applicant's property line above 45 dB(A) in total
between 10:00 pm and 7.00 am the following day.
i. For purposes of DCC 18.116.330(8)(10), "sustained noise" shall mean noise
lasting more than five continuous minutes or five total minutes in a one hour
period from mechanical equipment used for heating, ventilation, air
condition, odor control, fans and similar functions associated with marijuana
production and processing;
b. Noise control plan. To ensure that the standard stated in DCC 18.116.330(B)(10)
is continuously met, the applicant shall submit a noise control plan prepared
and stamped by a mechanical engineer licensed in the State of Oregon that
includes the following.
i. The mechanical engineer's qualifications and experience with system design
and operational audit of effective noise control and mitigation systems,
ii. A detailed analysis of the methodology that will be relied upon to effectively
control noise on the subject property,
iii. A detailed description of any noise control systems that will be utilized,
including operational schedules and maintenance intervals,
iv. Contingence measures if any aspect of the noise control plan fails or is not
followed, or if it is otherwise shown that the standard stated in DCC
18.116.330(B)(10) is not met
v. Testing protocols and intervals; and
vi. Identification of the responsible parties tasked with implementing each
aspect of the noise control plan
c. Modifications. Significant modifications to the noise control plan, including but
not limited to replacement of one system for another or a change in noise
247 -19 -000294 -MC Page 11 of 18
control methodology shall be approved in the same manner as a modification to
a land use action pursuant to DCC 22.36.040.
FINDING: There are no changes proposed to the noise control system that was previously
approved through file 247 -16 -000835 -AD.
11. Screening and Fencing. The following screening standards shall apply to
greenhouses, hoop houses, and similar non -rigid structures and land areas used for
marijuana production and processing.
a. All marijuana uses, buildings, structures, fences, and storage and parking areas,
whether a building permit is required or not, in the Landscape Management
Combining Zone, shall comply with and require DCC 18.84, Landscape
Management Combining Zone approval.
b. Fencing and screening shall be finished in a muted earth tone that blends with
the surrounding natural landscape and shall not be constructed of temporary
materials such as plastic sheeting, hay bales, tarps, etc., and shall be subject to
DCC 18.88, Wildlife Area Combining Zone, if applicable.
c. Razor wire, or similar, shall be obscured from view or colored a muted earth tone
that blends with the surrounding natural landscape.
d. The existing tree and shrub cover screening the development from the public
right-of-way or adjacent properties shall be retained to the maximum extent
possible. This provision does not prohibit maintenance of existing lawns,
removal of dead, diseased or hazardous vegetation, the commercial harvest of
forest products in accordance with the Oregon Forest Practices Act, or
agricultural use of the land.
FINDING: The proposed modification does not include changes to the fencing requirements
as previously approved through file 247 -16 -000835 -AD.
12. Water. Applicant shall state the anticipated amount of water to be used, as stated
on the water right, certificate, permit, or other water use authorization, on an
annual basis. Water use from any source for marijuana production shall comply
with all applicable state statutes and regulations. The applicant shall provide:
FINDING: The applicant requests to change the approved water system to include the
primary use of delivery of water for irrigation purposes. Through County file no. 247 -16-
000835 -AD, the applicant received approval of a marijuana production facility on the subject
property with the exclusive use of COID irrigation water rights.
The marijuana production facility uses an average of 6,048 gallons of water per year,
according to the applicant. In addition, the applicant states the following regarding the usage
of water:
The water storage tank holds more than enough water to act as the sole water supply for
the production facility on this property. Average monthly water usage for marijuana
247 -19 -000294 -MC Page 12 of 18
production at this property during the last 6 months has been 1,125 gallons per month.
Average monthly water usage for marijuana production at this property during the last 90
days has been 1,575 gallons per month. The irrigation technology inside the production
facility includes a reclamation tank that captures the evaporated moisture in the
environment. That reclaimed water is collected in a water reservoir, gets filtered, and is
used again for irrigation. The reclamation process reclaims approximately 68916 of the
water used. Thus, using the higher average (1,575gallons per month), approximately 1,071
gallons of water are reclaimed for reuse. That means only an average of 504 gallons of
new water is needed per month for irrigation. The water delivered to the property can
function as the sole source of water for marijuana production at this facility.
As noted above, the delivered water has the potential to be the sole source of water for the
marijuana production. In addition, the applicant anticipates using the delivered water more
exclusively in some years or certain times of the year. Nevertheless, the applicant requests
that the additional water source be added to the land use approval so there is the option to
use either type of water source.
a. An Oregon Water Resources Department (OWRD) Certificate(s), permit, or other
water use authorization proving necessary water supply of proper classification
will be available for intended use during required seasons, regardless of source, or
FINDING: The applicant received approval of a marijuana production facility on the subject
property with the exclusive use of COID irrigation water rights. The subject property has 11
acres of irrigation water during the April 1 to October 31 irrigation season and thus cannot
be used for irrigation during the winter months. Central Oregon Irrigation District does not
object to the applicant's proposal to have supplemental irrigation water. As proposed, the
existing COID water rights, reviewed through file 247 -16 -000835 -AD, will not be modified.
b. A source water provider Will Serve statement referencing valid Water Right to be
utilized, if any, as well as a Will Haul statement, including the name and contact
information of the water hauler, or
FINDING: The applicant proposes to use hauled water primarily and not exclusively COID
water rights for the marijuana production. The applicant will contract with Bend Water
Hauling, LLC for delivery of water once per month. The applicant provided a Will Serve
statement from Bend Hauling, including the water right number and contact information.
This criterion is satisfied.
c. In the alternative to (a) and (b) above, proof from Oregon Water Resources
Department that the water supply to be used does not require a Water Right for
the specific application use classification, volume, and season of use (i.e., roof -
collected water).
FINDING: The applicant has satisfied both (a) and (b) above and thus not seeking an
alternative.
247 -19 -000294 -MC Page 13 of 18
d. If the applicant is proposing a year-round production facility, the water right,
certificate, permit, or other water use authorization must address all permitted
sources of water for when surface water is unavailable.
FINDING: The applicant is not requesting to modify its marijuana growing season.
e. In the event that the water source for the facility changes from the use of an
OWRD certificate, permit, or other water use authorization to the use of a water
hauler, or from the use of a water hauler to another source, a modification to a
land use action pursuant to DCC 22.36.040 is required.
FINDING: The applicant requests to change the water source for the marijuana production
facility from exclusively COID irrigation water rights to a combination of COID water and
water hauling. A modification to the land use action of 247 -16 -000835 -AD was submitted
and compliance with the provisions of DCC 22.36.040 is addressed in this decision. Based
on the findings above, staff finds these criteria are satisfied. However, staff includes the
following conditions of approval to ensure ongoing compliance with the requirements of this
section.
Water Source: Water use from any source for marijuana production shall comply with all
applicable state statutes and regulations.
Water Source Modification: In the event that the water source for the facility changes from
the use of an OWRD certificate, permit, or other water use authorization to the use of a water
hauler, or from the use of a water hauler to another source, a modification to a land use
action pursuant to DCC 22.36.040 is required.
13. Fire protection for processing of cannabinoid extracts. Processing of cannabinoid
extracts shall only be permitted on properties located within the boundaries of or
under contract with afire protection district.
FINDING: Through file 247 -16 -000835 -AD, the County approved marijuana production, not
processing. This criterion is not applicable.
14. Utility Verification. Utility statements identifying the proposed operation, or
operational characteristics such as required electrical load and timing of such
electrical loads and a statement from each utility company proposed to serve the
operation, stating that each such company is able and willing to serve the operation,
shall be provided. The utility shall state that it has reviewed the new service or
additional load request and determined if existing capacity can serve the load or if
a system upgrade is required. Any new service request or additional load request
requiring an upgrade shall be performed per the serving utility's stated policy.
247 -19 -000294 -MC Page 14 of 18
FINDING: The proposed modification does not include changes to the utility service
previously approved for the marijuana production facility. Utility service to the facility will
remain the unchanged.
15. Security Cameras. If security cameras are used, they shall be directed to record only
the subject property and public rights-of-way, except as required to comply with
requirements of the OLCC or the OHA.
FINDING: No changes to the security camera requirements of the previously approved
processing facility are proposed in the current application.
16. Secure Waste Disposal.
a. Marijuana waste shall be stored in a secured waste receptacle in the possession
of and under the control of the OL CC licensee or OHA Person Responsible for the
Grow Site (PRMG).
b. Wastewater generated during marijuana production and/or processing shall be
disposed of in compliance with applicable federal, state, and local laws and
regulations.
FINDING: The applicant is not proposing changes to the secure waste disposal requirements
of the previously approved production facility.
18. Prohibited Uses.
a. In the EFU zone, the following uses are prohibited.
I. A new dwelling used in conjunction with a marijuana crop,
ii. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(0), used in
conjunction with a marijuana crop,
iii. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(2)(a),
carried on in conjunction a marijuana crop, and
iv. Agri -tourism and other commercial events and activities in conjunction with
a marijuana crop.
b. In the EFU and Rural Industrial zones, the following uses are prohibited on the
same property as marijuana production.
I. Guest Lodge.
ii. Guest Ranch.
iii. Dude Ranch.
iv. Destination Resort.
v. Public Parks.
vi. Private Parks.
vii. Events, Mass Gatherings and Outdoor Mass Gatherings.
viii. Bed and Breakfast.
ix. Room and Board Arrangements.
FINDING: The applicant is not proposing changes that would include prohibited uses.
Through file 247 -16 -000835 -AD, the County made this a condition of approval (Condition J)
247 -19 -000294 -MC Page 15 of 18
to ensure compliance. The prohibited uses identified under previous code section DCC
18.116.330(B)(20) are the same for the EFU Zone as they are above in DCC 18.116:330(B)(18).
Therefore, staff finds compliance will be ensured because all conditions of approval
associated with 247 -16 -000835 -AD will remain in effect through the approval of this
modification.
19. Compliance.
a. Odor. On-going compliance with the odor control plan is mandatory and shall
be ensured with a permit condition of approval. The odor control plan does not
supersede required compliance with the standard set forth in DCC
18.116.330(8)(9). If provided in applicable state statutes, private actions alleging
nuisance or trespass associated with odor impacts are authorized.
b. Noise. On-going compliance with the noise control plan is mandatory and shall
be ensured with a permit condition of approval. The noise control plan does not
supersede required compliance with the standard set forth in DCC
18.116.330(8)(10). If provided in applicable state statutes, private actions
alleging nuisance or trespass associated with odor impacts are authorized.
FINDING: The proposed modification does not alter the previously approved odor and noise
plans. Through file 247 -16 -000835 -AD, the County conditioned of approval to ensure
compliance with odor and noise control (Conditions D, E, and F). Staff finds compliance will
be ensured because all conditions of approval associated with 247 -16 -000835 -AD will remain
in effect through the approval of this modification.
D. Inspections and Annual Reporting.
1. An annual report shall be submitted to the Community Development Department by
the real property owner or licensee, if different, each February 1, documenting all
of the following as of December 31 of the previous year, including the applicable fee
as adopted in the current County Fee Schedule and a fully executed Consent to
Inspect Premises form:
a. Documentation demonstrating compliance with the:
i. Land use decision and permits.
ii. Fire, health, safety, waste water, and building codes and laws.
iii. State of Oregon licensing requirements.
b. An optional statement of annual water use.
c. Other information as may be reasonably required by the Planning Director to
ensure compliance with Deschutes County Code, applicable State regulations,
and to protect the public health, safety, and welfare.
d. As a condition of approval, the applicant must consent in writing to allow
Deschutes County to, randomly and without prior notice, inspect the premises
and ascertain the extent and effectiveness of the odor control system(s),
compliance with the Deschutes County Code, and applicable conditions of
approval. Inspections may be conducted by the County up to three (3) times per
calendar year, including one inspection prior to the initiation of use.
247 -19 -000294 -MC Page 16 of 18
e. Conditions of Approval Agreement to be established and maintained by the
Community Development Department.
f. Documentation that System Development Charges have been paid.
g. This information shall be public record subject to ORS 192.502(17).
h. Failure to timely submit the annual report, fee, and Consent to Inspect Premises
form or to demonstrate compliance with DCC 18.116.330(D)(1)(a) shall serve as
acknowledgement by the real property owner and licensee that the otherwise
allowed use is not in compliance with Deschutes County Code, authorizes permit
revocation under DCC Title 22, and may be relied upon by the State of Oregon to
deny new or license renewal(s) for the subject use.
FINDING: Based on the changes made to County Code since the original approval of 247-
16 -000835 -AD, staff finds it necessary to replace Condition K of 247 -16 -000835 -AD to the
inspection and annual reporting criteria identified above. Approval has been conditioned to
this effect.
IV. CONCLUSION:
Based on the foregoing Findings, staff concludes that the proposed modification complies with
the applicable standards and criteria of the Deschutes County zoning ordinance. The following
amended condition applies.
V. DECISION:
APPROVAL, subject to the following conditions of approval.
VI. CONDITIONS OF APPROVAL:
A. This approval is based upon the application, site plan, specifications, and supporting
documentation submitted by the applicant. Any substantial change in this approved use will
require review through a new land use application.
B. County approval of file 247 -16 -000835 -AD is amended by changing the language of Condition
K to the following:
K. The applicant or property owner shall comply with the inspections and annual reporting
requirements of DCC 18.116.330(D), which includes the following:
1. An annual report shall be submitted to the Community Development Department by the
real property owner or licensee, if different, each February 1, documenting all of the
following as of December 31 of the previous year, including the applicable fee as adopted
in the current County Fee Schedule and a fully executed Consent to Inspect Premises form:
a. Documentation demonstrating compliance with the:
i. Land use decision and permits.
ii. Fire, health, safety, waste water, and building codes and laws.
iii. State of Oregon licensing requirements.
247 -19 -000294 -MC Page 17 of 18
b. An optional statement of annual water use.
c. Other information as may be reasonably required by the Planning Director to ensure
compliance with Deschutes County Code, applicable State regulations, and to protect
the public health, safety, and welfare.
C. County approval of file 247 -16 -000835 -AD is amended by adding the following Condition N
and O (Conditions of Approval for 247 -16 -000835 -AD ended with Condition M and thus staff
continues in sequential order):
N. Water use from any source for marijuana production shall comply with all applicable state
statutes and regulations.
0. In the event that the water source for the facility changes from the use of an 0WRD certificate,
permit, or other water use authorization to the use of a water hauler, or from the use of a
water hauler to another source, a modification to a land use action pursuant to DCC 22.36.040
is required.
D. Aside from the modification of Condition K and addition of Conditions N and O, all conditions
of approval associated with 247 -16 -000835 -AD remain in effect.
This decision becomes final twelve (12) days after the date of mailing, unless appealed by
a party of interest.
DESCHUTES COUNTY PLANNING DIVISION
Written by: Cynthia Smidt, Associate Planner
Reviewed by: Peter Gutowsky, Planning Manager
247 -19 -000294 -MC Page 18 of 18
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NOTICE OF DECISION
The Deschutes County Planning Division has approved the land use application described below:
FILE NUMBER: 247 -19 -000294 -MC
LOCATION: The subject property has an assigned address of 20400 Tumalo Road,
Bend, and is identified on County Assessor Tax Map 16-12-28, as Tax
Lot 306. Refer to vicinity map below.
APPLICANT: David Common
PROPERTY OWNER: Dale C. Common Revocable Trust
APPLICANT'S ATTORNEY: Kristin Stankiewicz
SUBJECT: The Deschutes County Planning Division has approved a Modification
of Conditions of permit 247 -16 -000835 -AD, which approved marijuana
production on the subject property. The applicant requests a
Modification of Conditions of permit 247 -16 -000835 -AD, which
approved marijuana production on the subject property. The applicant
requests allowing the approved water system to include delivery of
water for irrigation purposes'. The subject property is within the
Exclusive Farm Use (EFU) Zone.
STAFF CONTACT: Cynthia Smidt, Associate Planner, Cynthia.Smidtftdeschutes.org, (541)
317-3150
DOCUMENTS: Can be viewed and downloaded from: http://dial.deschutes.org and
www.buildingpermits.oregon.gov
APPLICABLE CRITERIA: The Planning Division reviewed this application for compliance against
criteria contained in Chapters 18.16 and 18.116 in Title 18 of the
Deschutes County Code (DCC), the Deschutes County Zoning
' The subject property contains 11 acres of water rights through Central Oregon Irrigation District, some of
which are used for the production of marijuana. The applicant requests to change the water supply from
exclusively irrigation water to delivered water, primarily.
117 NSW Lafayette Avenue, Bend, Oregon 97703 i P.O. Box 6005, Bend, OR 97708-6005
(541) 388-6575 cdd@deschutes.org www.deschutes.org/cd
Ordinance, as well as against the procedural requirements contained
in Title 22 of the DCC.
DECISION: Staff finds that the application meets applicable criteria, and approval is being granted
subject to the following conditions:
CONDITIONS OF APPROVAL
A. This approval is based upon the application, site plan, specifications, and supporting
documentation submitted by the applicant. Any substantial change in this approved use will
require review through a new land use application.
B. County approval of file 247-16-000835-AD.is amended by changing the language of Condition
K to the following:
K. The applicant or property owner shall comply with the inspections and annual reporting
requirements of DCC 18.116.330(D), which includes the following.•
1. An annual report shall be submitted to the Community Development Department
by the real property owner or licensee, if different, each February 1, documenting
all of the following as of December 31 of the previous year, including the applicable
fee as adopted in the current County Fee Schedule and a fully executed Consent to
Inspect Premises form:
a. Documentation demonstrating compliance with the:
i. Land use decision and permits.
ii. Fire, health, safety, waste water, and building codes and laws.
iii. State of Oregon licensing requirements.
b. An optional statement of annual water use.
C. Other information as may be reasonably required by the Planning Director
to ensure compliance with Deschutes County Code, applicable State
regulations, and to protect the public health, safety, and welfare.
C. County approval of file 247 -16 -000835 -AD is amended by adding the following Condition N
and O (Conditions of Approval for 247 -16 -000835 -AD ended with Condition M and thus staff
continues in sequential order):
N. Water use from any source for marijuana production shall comply with all applicable state
statutes and regulations.
0. In the event that the water source for the facility changes from the use of an OWRD
certificate, permit, or other water use authorization to the use of a water hauler, or from
the use of a water hauler to another source, a modification to a land use action pursuant
to DCC 22.36.040 is required..
D. Aside from the modification of Condition K and addition of Conditions N and O, all conditions
of approval associated with 247 -16 -000835 -AD remain in effect.
247 -19 -000294 -MC Page 2
This approval is based upon the application, site plan, specifications, and supporting documentation
submitted by the applicant. Any substantial change in this approved use will require review through
a new land use application.
This decision becomes final twelve (12) days after the date mailed, unless appealed by a party
of interest. To appeal, it is necessary to submit a Notice of Appeal, the appeal fee of $250.00 and a
statement raising any issue relied upon for appeal with sufficient specificity to afford the Hearings
Body an adequate opportunity to respond to and resolve each issue.
Copies of the application, all documents and evidence submitted by or on behalf of the applicant
and applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents
per page.
NOTICE TO MORTGAGEE, LIEN HOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT
IF YOU RECEIVE THIS NOTICE, IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER.
This Notice was mailed pursuant to Deschutes County Code Chapter 22.24.
Sub*eCt
Property
247 -19 -000294 -MC Page 3
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Cynthia Smidt
From: Kelley O'Rourke <landuse@coid.org>
Sent: Friday, April 19, 2019 3:01 PM
To: Cynthia Smidt
Subject: COID Comments: # 247 -19 -000294 -MC
Attachments: COID Initial Comments 247 -19 -000294 -MC 041919.pdf
[EXTERNAL EMAIL]
April 19, 2019
Sent Via Email Only
Re: # 247 -19 -000294 -MC
Please be advised that Central Oregon Irrigation District (COID) has reviewed the provided application dated April 12, 2019 of
the above referenced project. COID's initial comments are outlined in the attached letter.
Thank you,
Kelley
CENTRAL OREGON
Irrigation
OISSOICT
April 19, 2019
Deschutes County Planning
117 NW Lafayette Avenue
Bend, Oregon 97703
Attn: Cynthia Smidt, Associate Planner
RE: File Numbers: 247 -19 -000294 -MC
Please be advised that Central Oregon Irrigation District (COID) has reviewed the provided Notice of Application received via mail
on April 12, 2019 for the above referenced project. The applicate requests a Modification of Conditions of permit 247 -16 -000835 -
AD. The property is identified on County Assessor 'Pax Map 16-12-28 as Lot 306. The property address is 20400 Tumalo Road
Bend, OR. 97760.
According to our records, the subject property has 11.0 acres of COID water rights. In addition, our records indicate that the COID
water rights are delivered by Swalley Irrigation from head gate 01-1270.
Listed below are COIDs initial comments to the provided Notice of Application. All development affecting irrigation facilities shall be
in accordance with COID's Development Handbook and/or as otherwise approved by the District.
COID does not object to the use of MU/QM water for the purposes of supplemental irrigation. COID retains its right to
access structures utilizing COID irrigation to document beneficial use of the COID water right. If COID water is no longer
needed for the purpose of irrigating marijuana, applicant should contact COID to discuss transfer of COID water off the
footprint of greenhouse.
COID provided comments to 247 -16 -000835 -AD on 1/10/17 that still apply.
o There are no COID facilities on the subject property.
o The subject property may have Swalley ditches that run through it.
o There are I 1 acres of COID water rights on the subject property that are served by Swalley Irrigation.
o Contact COID concerning use of water rights outside of mapped area.
o Contact COID if new non -greenhouse structures are to be built on top of mapped water rights.
o COLD response to Community Development Notice for Proposed Marijuana Production:
Central Oregon Irrigation District (COID) serves this property with 11.0 acres of irrigation water during the
irrigation season of April I" through October 31" at a rate of up to 6 gallons per minute per acre. This
water cannot be used for irrigation during the winter months. An additional source (not COID) of water is
necessary to irrigate between November I" and March 31St. If the recreational marijuana production
facility is a greenhouse or other structure proposed to be built on top of the COID water right, land -user
must allow COID annual access to the structure to document beneficial use of the water right. Structures
on top of a water right for any purpose other than growing plants is not allowed.
• Applicant should contact COID to determine status of water rights prior to construction of
production facility
• Plot Plan is required to assist COID in determining if the proposed structure will be located on the
water right or if a water transfer application is needed to transfer water to it.
Our comments are based on the information provided, which we understand to be schematic in nature at this time. Our comments are
subject to change. Additional requirements may be made as site planning progresses or additional information becomes available.
Please provide updated documents to COID for review as they become available. Irrigation infrastructure and right-of-way are
required to be identified on all maps and plans. Policies, standards, fees and requirements set forth in the COID Developer Handbook
must be complied with. If you have any questions, please contact me at 541-548-6047.
Sincerely,
Kelley O'Rourke
1055 SW Lake Ct. Redmond, OR 97756 541-548-6047 [oid.org
'0 o
cc)
aew
LAND USE ACTION SIGN AFFIDAVIT
STATE OF OREGON ) FILE NUMBER(S) ,.Qq% -IV G'A'G q 1 ii fi4C
)SS.
COUNTY OF DESCHUTES )
I, r f� SCI f eing first duly sworn, depose and state as follows:
(name)
1 placed a Notice of Land Use Action sign on the Applicant's property on J _,
� / (date)
2019, where it can be clearly seen from 1 LtMa /A P
(name of road)
If the land use sign notices a hearing, the hearing is to be held on /V L4 2019.
(date)
Dated this day of 2019.
r
Affiant
CTk
Subscribed and sworn to before me thisday of 2019.
OFFICIAL STAMP
JUDY KAY HACKETT Nota P l i c r re n
NOTARY PUBLIC -OREGON Notary g
COMMISSION No. 948168 My Com ssio E ires____�.e
MY QCIMMI WON EXPIRES MARCH 09, 2020
Updated 1/19
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Q, (541) 388-6575 @ cdd@deschutes.org @ www,deschutes.org/cd
NOTICE OF APPLICATION
The Deschutes County Planning Division has received the proposed land use application described
below:
FILE NUMBER:
APPLICANT:
PROPERTY OWNER:
ATTORNEY:
247 -19 -000294 -MC
David Common
Dale Common Revocable Trust
Kristen Stankiewicz
PROPOSAL: The applicant requests a Modification of Conditions of permit 247 -16-
000835 -AD, which approved marijuana production on the subject
property. The applicant requests allowing the approved water system to
include delivery of water for irrigation purposes'. The subject property
is within the Exclusive Farm Use (EFU) Zone.
LOCATION: The subject property has an assigned address of 20400 Tumalo Road, Bend;
and is identified on County Assessor Tax Map 16-12-28, as Tax Lot 306.
STAFF CONTACT: Cynthia Smidt, Associate Planner, Cynthia.Smidt@deschutes.org, (541)
317-3150
DOCUMENTS: Can be viewed and downloaded from: http://dial.deschutes.org and
www.buildingpermits.oregon.gov
STANDARDS AND APPLICABLE CRITERIA
Title 18, Deschutes County Zoning Ordinance
Chapter 18.16. Exclusive Farm Use Zone
Chapter 18.116. Supplementary Provisions
Title 22, Deschutes County Development Procedures Ordinance
Chapter 22.36. Limitations on Approvals
' The subject property contains 11 acres of water rights through Central Oregon Irrigation District, some of
which are used for the production of marijuana. The applicant requests to change the water supply from
exclusively irrigation water to delivered water, primarily.
I 1 7 Nth/ Lafayette Avenue, Bond, Oregon 97703 1 P.O. Dox 6005, Lend, OR 97705-6005
(5 1 j 3f3 3 (1575 @ cduCNdr��cli�arc , .ori; @ w��� N �es� liutes.org/c.d
Copies of the application, all documents and evidence submitted by or on behalf of the applicant and
applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per
page. The Planning Division is located in the Community Development Department Office at 117 NW
Lafayette Avenue, Bend, Oregon.
Any interested person may submit written comments on the proposed land use action. Your input
is important to us. ALL WRITTEN TESTIMONY MUST BE RECEIVED BY THE DESCHUTES COUNTY
PLANNING DIVISION NO LATER THAN TEN (10) DAYS FROM THE DATE OF MAILING. Notice of the
decision will be provided by a separate mailing. For more information or to request copies of the
findings and decision, contact the assigned planner.
This Notice was mailed pursuant to Deschutes County Code Chapters 22.20 and 22.24.
247 -19 -000294 -MC Page 2 of 2
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Cynthia Smidt
From: Peter Russell
Sent: Thursday, April 11, 2019 1:41 PM
To: Cynthia Smidt; Chris Doty; Cody Smith
Cc: Peter Russell
Subject: Different water source for M1 grow (19 -294 -MC)
Cynthia,
I have reviewed the transmittal materials for file 247 -19 -000294 -MC to modify a condition of approval for 247 -16-
000835 -AD; the earlier decision approved marijuana production in Exclusive Farm Use (EFU) zone at 20400 Tumalo
Road, aka Assessor's Map 16-12-28, Tax Lot 306. The applicant requests to change the water supply from
exclusively Central Oregon Irrigation District (COLD) water to delivered water, primarily.
On page 3 of the submitted burden of proof, the applicant states one truck a month from a private provider will
deliver water to the site. Deschutes County Code (DCC) at 18.116.310(C)(3)(a) states no traffic analysis is required
for any use that will generate less than 50 new weekday trips. The proposed land use will not meet the minimum
threshold for additional traffic analysis.
The applicant will need to provide a copy of or obtain an approach road permit from Deschutes County to comply
with DCC 17.48.210(A).
Board Resolution 2013-020 sets a transportation system development charge (SDC) rate of $4,240 per p.m. peak
hour trip. County staff has determined the addition of two trips a month is inconsequential and thus no SDC is
required.
If you have any questions, please let me know. Thanks
Peter Russell I Senior Transportation Planner
, u.7 IW iaiayettemenuo. Bend, Orot on S)I':J3
7 PO G�x 67J`, �t fid, Orta>Ot 917O
Tel: (54 1) 383-67 8 w t ie 5t.hut .ni'gJcil
Dis(Jaitner' PiP(7.se note That Me inp)inju(ion in this et77CLi 'S an I(:,,;)rrrjo) W(em,"fv 1,0 0Y I P.„ (', Ochl(- v,!0) 0"( [,_' 20,00"i L1fi,a.1, ;7i/ i79' j:'
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rrghts, or, any pens'rl.
April 8, 2019
David Common
20400 Tumalo Road
Bend, OR 97703
Hi David,
Your application has been received by the Deschutes County Planning Division and requires the
posting of a Proposed Land Use Sign. Planning Staff will prepare the sign, which includes a brief
description of the application, and it will be ready for pickup by Wednesday, April 10", 2019. It is
the applicant's responsibility to post this sign at least ten (10) days before the date set for receipt
of comments.
Please note the following information and refer to it when making any inquiries:
Application Number: 247 -19 -000294 -MC
Request: Modification of Conditions - 247 -16 -000835 -AD
Planner Assigned: Cynthia Smidt
Sign Posting Instructions:
There will be a "Land Use Action Sign Affidavit" stapled to the sign attesting to the fact that this
sign has been posted. This Affidavit can be notarized at our office and must be returned to
Cynthia Smidt The sign should be posted so that it is clearly visible along the most traveled
street. The sign should be mounted on a sturdy backing, such as plywood, and posted within ten
(10) to fifteen (15) feet of the street so that it is visible from the street. Please do not attach the
sign to a tree. It is advisable to cover the sign with protective material such as plastic wrap to
protect it from inclement weather. It is the applicant's responsibility to post this sign at least ten
(10) days before the date set for receipt of comments. Failure to post a sign will delay the review.
Land Use Review Process:
Your application is first being reviewed for completeness by staff. Notice of an incomplete
application will be made within 30 days of submittal. A decision to review your application
administratively or to send it to the Hearings Officer will be made within 30 days of the date the
application is accepted as complete. Pursuant to state law, the County must take final action,
including resolution of appeals, within 150 days after the application is deemed complete.
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Q, (541) 388-6575 @ cdd@deschutes.org @ www,deschutes.org/cd
If you have any questions or concerns, please call Cynthia Smidt at 541-317-3150 or email,
Cynthia.Smidt@deschutes.org
247-18-OOOXXX-XX Page 2 of 2
CERTIFICATE OF MAILING
FILE NUMBER: 247 -19 -000294 -MC
DOCUMENT/5 MAILED: Prior Notice Letter
LOOKUP AREA: n/a
MAP/TAX LOT NUMBER: 16-12-2800-00306
I certify that on the 9th day of April, 2019, the attached notice, dated April 8, 2019 was mailed
by first class mail, postage prepaid, to the person and set forth below/on the attached list.
Dated this 9th day of April, 2019
COMMUNITY DEVELOPMENT DEPARTMENT
By: Ashley Williams
David Common
20400 Tumalo Road
Bend, OR 97703
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
N (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
N (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd
LAND USE APPLICATION
INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED
1. Complete the application form and provide appropriate original signatures. To ensure timely
processing of your application, all materials must be submitted on single -sided, 8.5" x 11" paper.
Do not use binders, tabs/dividers, staples or tape.
2. This application shall include one full-sized plan set (to scale) and one plan set reduced to no
larger
than
11"x 17". Include a plot plan that shows all property lines and existing and proposed structures,
parking, landscaping, lighting, etc.
3. Include a copy of the current deed showing the property owners.
4. Attach correct fee.
5. All applicable standards and criteria must be addressed in writing prior to acceptance of the
application. Detailed descriptions, maps and other relevant information must be attached to
the application.
TYPE OF APPLICATION (check one): FEE: 51ag.00
Administrative Determination (AD)_ Partition (MP) _ Site Plan (SP) _
Conditional Use (CU) _ Subdivision (TP) _ Variance (V) _
Declaratory Ruling (DR) _ Temporary Use (TU) Setback Exception (SE) _
Other 1'ti4�4W 0�-COANS
Mtx� 1�1�kka, J (041ko-b - AM W l Na. 2.8`1-16 00015 S - J�
Applicant's Name (print):' DdtvNA C.0rinm91'\ Phone: -465Z-
MailingAddress =? T(AYY--,&k6 Rj City/State/Zip: Sakd aR q ,
Applicant's Email Address: A
Property Owner/s Name (if different)*: Q a\e GamMe�
Mailing Address: `416 43
1. Request:
W
Phone:( )
ip:'Tra.e.v. cr% 053`77
u[if.; P -- ,
2. Property Description: Township_ Ranged Section Z$ Tax Lot 306
3. Property Zone(s): Property Size (acres or sq. ft.): MA Sc�
4. Lot of Record? (State reason): IA1- Ib- 000 k43 - LR,
5. Property Address 2ko4ao i Wnn Cei 6 Rat SarJ
(over)
Rev 5/18
6. Present Use of Property: If r fyA I/ L Li: nus
7. Existing Structures:_ki o '0- tn: )A01 -r-
8. Property will be served by: Sewer / Onsite Disposal System e p
9. Domestic Water Source: LVQ 1/
To the best of my knowledge, the proposal complies with all previous conditions of approval and all
other applicable local, state, and federal laws. By signing this application, I acknowledge that
Deschutes County planning staff may make a site visit(s) to the address(es) listed on this application
in order to evaluate the property(ies) with the Deschutes County Code criteria applicable to the land
use request(s) submitted. Please describe any special circumstances regarding a potential site visit:
i K a b CXG e 0 ' v\
A� % ✓" q V 44---4 �
Applicant's Signature:
"IX
Property Owner's Signature (if different)*:
Agent's Name (if applicable):
Mailing Address:
Agent's Email Address:
Date:
-S /
Date: 4-.5- l9
Phone.( )
City/State/Zip:
*If this application is not signed by the property owner, a letter authorizing signature by the
applicant must be attached. By signing this application, the applicant understands and
agrees that Deschutes County may require a deposit for hearings officers' fees prior to the
application being deemed complete. if the application is heard by a hearings officer, the
applicant will be responsible for the actual costs of the hearings officer.
Modification of Approval Application
Proposal: Applicant seeks a modification to its approval for cultivation of marijuana
to allow for the delivery of water for irrigation purposes.
Site Location: 20400 Tumalo Road, Bend, OR 97703
Subject Parcel: 161228 306 (approx.12.09 acres)
Application Type: Modification of Approval per DCC 22.36.040
Land Use
Designation: Rural Resource Zone
Zoning: EFU
Property Owner: Dale Common
7843 Stearman Road
Tracy, CA 95377
(541) 350-9052
Applicant: David Common
20400 Tumalo Road
Bend, OR 97703
(541) 350-9052
Kristin Stankiewicz, Attorney (primary contact)
1211 SW 51h Ave., Suite 2850
Portland, OR 97204
kristin.stankiewiczna,,gmlaw.com
(971)322-0802
Page 1— Modification of Approval for Approval 247 -16 -000835 -AD
Narrative
Applicant requests a minor modification of the approval in file number 247 -16 -000835 -AD. The
modification requested is in regards to the standards regulating water usage at the site. The site
property is served by 11 acres of water rights, as confirmed by the Central Oregon Irrigation
District during the initial land use application process for this file. Applicant requests that water "
delivery be added as an additional water source for this land use approval for marijuana
production.
Applicant seeks approval from the county to have water delivered to a water storage tank to be
used as an additional water source for marijuana production at this facility. Applicant will install
a water tank with the capacity to hold 850 gallons of water. Applicant will contract with Bend
Water Hauling, LLC to deliver water to the property once per month. The water delivery truck
will drive up the driveway and pump water from the delivery truck to applicant's 850 -gallon
holding tank.
The water storage tank holds more than enough water to act as the sole water supply for the
production facility on this property. Average monthly water usage for marijuana production at
this property during the last 6 months has been 1,125 gallons per month. Average monthly water
usage for marijuana production at this property during the last 90 days has been 1,575 gallons
per month. The irrigation technology inside the production facility includes a reclamation tank
that captures the evaporated moisture in the environment. That reclaimed water is collected in a
water reservoir, gets filtered, and is used again for irrigation. The reclamation process reclaims
approximately 68% of the water used. Thus, using the higher average (1,575 gallons per month),
approximately 1,071 gallons of water are reclaimed for reuse. That means only an average of 504 -
gallons of new water is needed per month for irrigation. The water delivered to the property can
function as the sole source of water for marijuana production at this facility.
Applicant submits this Modification of Approval Application in substantial conformity to the
provisions of the Deschutes County Development Code, generally, and the Deschutes County
Marijuana Regulations, specifically. This narrative addresses the applicable standards for a
Modification of Approval Application and the applicable marijuana production standards that
address the narrow modifications being requested. Applicants have demonstrated that the
proposal meets each applicable standard.
22.36.040 Modification of Application
22.36.040(A): An applicant may apply to modify an approval at any time after a period
of six months has elapsed from the time a land use action approval has become final.
Response: The county issued its approval for marijuana production at this property on April 14,
2017. This standard is met.
22.36.040(B): Unless otherwise specified in a particular zoning ordinance provision, the
grounds for filing a modification shall be that a change of circumstances since the
issuance of the approval makes it desirable to snake changes to the proposal, as approved.
A modification shall not be filed as a substitute for an appeal or to apply for a
Page 2 — Modification of Approval for Approval 247 -16 -000835 -AD
substantially new proposal of one that would have significant additional impacts on
surrounding properties.
Response: Applicant has encountered a change of circumstances since the issuance of the
original approval. Applicant does not want to use its irrigation water for irrigation of its
cannabis production facility (or does not want to use it exclusively) and seeks approval to use
water delivery from Bend Water Hauling, LLC. Applicant will contract with Bend Water
Hauling, LLC to deliver water to the property once per month. This modification would not
have significant impacts on surrounding properties. Tumalo Road is a busy thoroughfare with
regular usage by heavy duty trucks. One additional water delivery truck per month would not
have significant impact to the roadway or to the neighbors. This standard is met.
22.36.040(C): An application to modify an approval shall be directed to one or more
discrete aspects of the approval, the modification of which would not amount to approval
of a substantially new proposal or one that would have significant impacts on
surrounding properties. Any proposed modification, as defined in DCC 22.36.040, shall
be reviewed only under the criteria applicable to that particular aspect of the proposal.
Proposals that would modify an approval in a scope greater than allowable as a
modification shall be treated as an application of a new proposal.
Response: Applicant's request to use water delivery as a water source is a modification of one
discrete aspect of the approval (water usage), and this modification would not have significant
impacts on surrounding properties. Tumalo Road is a busy thoroughfare with regular usage by
heavy duty trucks. One additional water delivery truck per month would not have significant
impact to the roadway or to the neighbors. The standards for water usage in marijuana
production are addressed below. This standard is met.
18.116.330 Marijuana Production, Processing, and Retailing
18.116.330(B)(12): Water. Applicant shall state the anticipated amount of water to be
used, as stated on the water right, certificate, permit, or other water use authorization, on
an annual basis. Water use from any source for marijuana production shall comply with
all applicable state statutes and regulations. The applicant shall provide:
a. An Oregon Water Resources Department (OWRD) Certificate(s), permit, or
other water use authorization proving necessary water supply of proper
classification will be available for intended use during required seasons,
regardless of source; or
b. A source water provider Will Serve statement referencing valid Water Right to
be utilized, if any, as well as a Will Haul statement, including the name and
contract information of the water hauler; or
e. In the alternative to (a) and (b) above, proof from the Oregon Water Resources
Department that the water supply to be used does not require a Water Right for
the specific application use classification, volume, and season of use (i.e. roof -
collected water).
Page 3 — Modification of Approval for Approval 247 -16 -000835 -AD
d. If the applicant is proposing a year-round production facility, the water right,
certificate, permit, or other water use authorization must address all permitted
sources of water for when surface water is unavailable.
e. In the event that the water source for the facility changes from the use of an
ORWD certificate, permit, or other water use authorization to the use of a water
hauler, or from the use of a water hauler to another source, a modification to a
land use action pursuant to DCC 22.36.040 is required.
Response: Applicant uses an average of 6,048 gallons of water per year on the facility.
Applicant requests that an additional water source be added to its land use approval. In addition
to the irrigation rights that cover applicant's facility, Applicant seeks approval to use water
delivered by Bend Water Hauling, LLC. Applicant would like to have the option to use either
water source for irrigation, although it may use delivered water, exclusively, in some years or
some portions of the year. A Will Serve statement from Bend Hauling, including the water right
number and contact information for Bend Hauling, is attached to this application.
CONCLUSION:
Applicant has demonstrated compliance with all applicable review criteria and requests that the
county grant its application for a minor modification to its previous land use approval.
U
Dale Common
Date: x/- s/`
Page 4 — Modification of Approval for Approval 247 -16 -000835 -AD
22166 Nelson Road
Bend, OR 97701-9790
01/31/19
SGM
20400 Tumalo Rd
Bend, Or. 97703
RE: Will Serve Letter
The water we haul as part of our delivery service is from either municipal or quasi-
municipal sources. Our source of water for this customer is Avion Water Company. SGM
has set up an account for 2,000 gallons per month of potable to be delivered.
Sincerely,
,
Kimberlee Nunez
Manager/Member
Number: 105947
Y9 e`J tern Title&Escrow
360 SW Bond, Suite 100
Bend, OR 97702
Dale C. Common
20400 Tumalo Rd
Bend, OR 97703
Same as Above
Reserved for Recorder's Use
STATUTORY WARRANTY DEED
Susan H. Lauder, Trustee of the Susan H. Lauder Trust, DTD 2/2198
Grantor(s), convey and warrant to Dale C. Common, as trustee of the Dale C. Common
Revocable Trust, dated 10/07/2011, Grantee(s), the following described real property free of
encumbrances except as specifically set forth herein.
SEE ATTACHED EXHIBIT "A"
Account: 133180
Map & Tax Trot: 16-12-28-00-00306
This property is free of encumbrances, EXCEPT: All those items of record, if any, as of the date of this
deed, including any real property taxes due, but not yet payable.
The true consideration for this conveyance is $589,900.00. (Here comply with requirements of ORS
93.030.)
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD
IN UIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO
195.336 AND SECTIONS 5 TO 11, CHAPTER 424,, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17
CHAPTER 8S5, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS
INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING
THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING
TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR
215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON
LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE
ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301
AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO
9 AND 17, CHAPTER 855, OREGON LAWS 2009 AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS
2010.
Return to Western Title & Escrow
(v,; qcf 7
Number: 105947
V Yes Leri Tltle&Escrow
360•SW.Bond, Suite 100
Dale C. Common
20400 Tumald Rd
Send, OR 97703
Same as Above
Deschutes County official Records 2015-039711
D -D
stn=2 PG 09/25/2015 01:44:55 PM
$15.00 $11.00 $10.00 $6.00 $21.00 $63.00
I. Nancy Blankenship, County Clerk for Deschutes County, Oregon,
certify that the instrument Identified herein was recorded In the Clerk
records.
Nancy Blankenship - County Clerk
STATUTORY WARRANTY DEED
for Recorder's Use
Susan H. Lauder, Trustee of the Susan H. Lauder Trust, DTD 2/2/98
Grantor(s), convey and warrant to Dale C. Common, as trustee of the Dale. C. Common
Revocable Trust, dated 10/07/2011, Grantee(s), the following described real property free of
encumbrances except as specifically set forth herein.
SEE ATTACHED EXHIBIT "A"
Account: 133180
Map & Tax Lot: 16-12-28-00-00306
This property is free of encumbrances, EXCEPT: All those items of record, if any, as of the date of this
deed, including any real property taxes due, but not yet payable.
The true consideration for this conveyance is $589;900.00. (Here comply with requirements of ORS
93.030.)
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195:305 TO
195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,
CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8 OREGON LAWS 2g10. THIS
INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBE[; IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING
THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK,WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING
TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR
21'5.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON
LAWSUITS AGAINST FARMING OR FOREST PRACTICES ASDEFINED IN ORS 30.930, AND TO INQUIRE
ABOUT THE RIGHTS OF NEIGHBORING PR0 195 301
AND 195.30S TO 195.336 ND SEC71ONS 5 ORTY ToE11, HAPTER Z24, OO�INERS IF REGON WS 2007, SEUNDER ORS CT{ONS 2 TO
9 AND 17, CHAPTER 855, OREGON LAWS 2009 AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS
2010.
Retum to Westem Title &Escrow
dos ciLf 7
•
j'1
I'
f
,E.x—e�c'u�t"e"d this / _ day of September, 2015
`---=.Last
r
Its Trustee
State of Oregon, County of Deschutes ) ss. r�
This instrument was acknowledged before me on this day of September, 2015 by Susan 14.
Lauder, as Trus of Susan H. Lauder Trust /
Nc ary Pu is for the State of regon
My commission expires:
OFFICIAL STAMP
CHERYL PX -NAR WILUAMS
NOTARY PUBLIC -OREGON
COMMiSS10N NO, 92532P.
MY COMMIISSION tXPIAES MARCH 9,201 a
t'
f
A parcel of land located in the Southwest Quarter of tfie Northwest Quarter (SW1/4
NW1/4) of Section Twenty -Eight (28), Townhship. Sixteen (16) South, Range Twelve (12)
East of the Willamette Meridian, Deschutes County, Oregon, described as follows:
EXHIBIT "A"
Beginning at the West Quarter corner of Section 28; thence North 000 09' 34" East, 1321.99
feet (a record bearing) along the Section line to the North 1/16 corner between Sections 28
and 29; thence North 89° 56' 04" East, 395.11 feet along the North 1/16 line; thence South
00' 00" 04"" West, 632.41 feet to a found property corner which is the Northwest corner of
that property sold to Lloyd Moore under Contract recorded in Book 161, Page 545, Mortgage
Records; thence continuing South 000 00'04" West, 689.68 feet along the property line
(record bearing South 00' 05' 34" West); to the East-West Section line; thence South 890 _
57'04" West, 398.50 feet along the East-West Section line (record bearing South 890 58'
41" West) to the point of beginning.
EXCEPTING THEREFROM any portion lying wi hin roads, streets or highways.
13
=100'
tRm
Ac&ow, 20400 Tundo Rd
Bend OR 97703
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Sectlon 28 T. 16S. R12E WA
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