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2021-140-Minutes for Meeting March 22,2021 Recorded 4/2/2021�C�v7 C S CCG� BOARD OF COMMISSIONERS Recorded in Deschutes County Nancy Blankenship, County Clerk CJ2021-140 Commissioners' Journal 04/02/2021 2:45:08 PM 1300 NW Wall Street, Bend, Oregon TFSc (541) 388-6570 ��y` °G L`' ; 2 o � f1' liiiipmnimmumimiii FOR RECORDING STAMP ONLY Barnes Sawyer Rooms Live Streamed Video Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Tom Anderson, County Administrator; David Doyle, County Counsel; and Sharon Keith, BOCC Executive Assistant (via Zoom conference call). Attendance was limited in response to Governor's Virus orders. CALL TO ORDER: Chair DeBone called the meeting to order at 1:00 p.m. PLEDGE OF ALLEGIANCE ACTION ITEMS: 1. Deschutes County Statewide Transportation Improvement Fund Advisory Committee Alternate Positions Communications Director Whitney Hale and COIC Outreach and Engagement Administrator Derek Hofbauer were present via Zoom conference call to report on the committee positions. There are two alternate positions that are currently vacant. Mr. Hofbauer reviewed the pool of candidates from the last recruitment and there are three candidates interested in being considered to serve on the committee. The Board reviewed the candidates presented. Recommendations were made forjennifer Glover and Casey Bergh. BOCC MEETING MARCH 22, 2021 PAGE 1 OF 5 DEBONE: Motion made for appointments to be made to Jennifer Glover and Casey Bergh to the Statewide Transportation Improvement Fund ADAIR: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 2. Discussion of Reinstatement of 1 PW Equipment Operator FTE to the Department of Solid Waste Budget Department of Solid Waste Director Timm Schimke and Management Analyst Sue Monette (via Zoom conference call) presented the item for consideration. The position has been vacant since last year due to the winter season approaching and the impact of the COVID pandemic. With the spring activity increase approaching, the position will be needed to provide service .. .. .� w -' '. -'--- -1 -.- �'I- - ---'�-'�'�- -r to the community. Commissioner Adair Inquired do one Ro551r 111Ly dI increasing the hours that the transfer stations are open to the public. Mr. Schimke would consider the budget needs relative to extending hours. The Resolution will be included on the agenda Wednesday, March 24. 3. Consideration of Converting a Sheriff's Office On -Call Position to Permanent Sheriff Office Business Manager Joe Brundage (via Zoom conference call) reported on the temporary position of the Emergency Services Coordinator and based on the review of the position, the Sheriff's Office has found the position is needed on a permanent basis. The staff person in the temporary position has been working full time. The Board expressed support. The Resolution will be included on the agenda Wednesday, March 24. BOCC MEETING MARCH 22, 2021 PAGE 2 OF 5 4. Discussion of Deschutes County Health Service Current Staffing and Facility Review and Space Consideration County Administrator Tom Anderson reviewed the history of space needs for the Health Services department. Via Zoom conference call was Health Services staff Cheryl Smallman and Chris Weiler as well as Property Manager Kristie Bollinger and Facilities Director Lee Randall. Discussion held on space needs and options to consider. County Administrator Anderson will work with the departments to assemble some space options to consider for the Redmond area. 5. Deschutes County Treasurer and Finance Report for February 2021 Chief Financial Officer/Treasurer Greg Munn (via Zoom conference call) presented the financial report through the end of February 2021 including the status of department vacancies. 6. DI -CD Technical Assistant Grant Progress Report - Wildlife Inventory Update Community Development Department Planner Tanya Saltzman and Director Nick Lelack (via Zoom conference call) presented the update on the grant. Virtual open houses will be hosted by the Planning Commission on April 15 and April 29 to provide public outreach regarding the wildlife inventory. A survey will be conducted to collect data to consider the next steps of the project. 7. Preparation for Public Hearing: Marijuana Housekeeping Text Amendments Community Development Department Sr. Planner Tanya Saltzman and Director Nick Lelack, and Assistant Legal Counsel Adam Smith (via Zoom BOcc MEETING MARCH 22, 2021 PAGE 3 OF 5 conference call) presented the preparation for the March 31 st public hearing. The text amendments will clarify marijuana related topics in the Deschutes County Code. Ms. Saltzman inquired whether the Board wanted to consider having the Ordinance adopted by emergency. Commissioner DeBone doesn't generally support adoption by emergency. Mr. Smith explained the adoption by emergency would be beneficial to prevent wasting time for applicants and resources if the Ordinance is in place as soon as possible and would provide clarity for existing business as well as the Oregon Liquor Control Commission. Commissioner Adair noted the length of time (since the Opt Outvote) that has already passed. Commissioner Chang can seethe value of making the rules clear. The Board supports an emergency clause on the Ordinance. OTHER ITEMS: • County Assessor Scot Langton presented the history of Senate Bill 154 relative to solar payment in lieu of taxes. • Commissioner DeBone reported on the applications received for the Local Public Safety Coordinating Council vacancy. Commissioner DeBone and Community justice Director Ken Hales conducted interviews of six candidates and the recommended appointment was for Donna Mills. Commissioner Adair wants to review the list of applicants before final appointment. • Commissioner Adair inquired whether the Board would consider a letter of support directed to the Governor requesting more local control on COVID matters. Commissioner Chang expressed he is not prepared to support the letter. The matter will be taken up on Wednesday. • County Administrator Anderson noted a letter that was circulated regarding a BLM fuels reduction project and County Forester Ed Keith has drafted a letter for consideration and Commissioner's review during the Wednesday March 24 meeting. BOCC MEETING MARCH 22, 2021 PAGE 4 OF 5 RECESS: At the time of 3:40 p.m. the Board went into recess and reconvened the meeting at 3:46 p.m. EXECUTIVE SESSION: At the time of 3:46 p.m. the Board went into two Executive Sessions under ORS 192.660 (2) (f) Consider Documents Otherwise Exempt. The Board came out of the Executive Sessions at 4:42 p.m. to direct staff to proceed as discussed on both matters. The Executive Session under ORS 192.660 (2) (a) Employee Evaluation was delayed further to Wednesday, March 24. ADJOURN: Being no further items to come before the Board, the meeting was aujuur neu at 4:4-2 p.m. DATED this Day of c� c� 2021 for the Deschutes County Board of Commissioners. ATTEST: � RECORDING SECRETARY ANTHONY E ONE, CHAIR HIL CHA , VIC CHAIR PATTI A AIR, COMMISSIONER BOCC MEETING MARCH 22, 2021 PAGE 5 OF 5 �O- ES CO Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - www.deschutes.org BOCC MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:00 PM, MONDAY, MARCH 22, 2021 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. org/meetings. 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. Item start times are estimated and subject to change without notice. CALL TO ORDER MEETING FORMAT In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order 20-16 (later enacted as part of HB 4212) directing government entities to utilize virtual meetings whenever possible and to take necessary measures to facilitate public participation in these virtual meetings. Since May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners have been conducted primarily in a virtual format. Attendance/Participation options include: Live Stream Video: Members of the public may still view the BOCC meetings/hearings in real time via the Public Meeting Portal at www.deschutes.org/meetings. In Person Attendance: Limited due to Virus restrictions. Please contact Sharon Keith at sharon.keith@deschutes.org prior to the meeting to request in person attendance. Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to: citizen in put@deschutes.org or by leaving a voice message at 541-385-1734. Citizen input received before the start of the meeting will be included in the meeting record. Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for consideration or who are planning to testify in a scheduled public hearing may participate via Zoom meeting. The Zoom meeting id and password will be included in either the public hearing materials or Board of Commissioners BOCC Meeting Agenda Monday, March 22, 2021 Pagel of 3 through a meeting invite once your agenda item has been included on the agenda. Upon entering the Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to present your agenda item, you will be unmuted and placed in the spotlight for your presentation. If you are providing testimony during a hearing, you will be placed in the waiting room until the time of testimony, staff will announce your name and unmute your connection to be invited for testimony. Detailed instructions will be included in the public hearing materials and will be announced at the outset of the public hearing. For Public Hearings, the link to the Zoom meeting will be posted in the Public Hearing Notice as well as posted on the Deschutes County website at https://www.deschutes.org/bcc/page/public-hearing-notices. PLEDGE OF ALLEGIANCE ACTION ITEMS 1. Deschutes County Statewide Transportation Improvement Fund Advisory Committee Alternate Positions - Whitney Hale, Communications Director 2. Discussion of Reinstatement of 1 PW Equipment Operator FTE to the Department of Solid Waste Budget - Timm Schimke, Director of Solid Waste J. --VI IJlu Ll011I VI l�..VI1Vel LI11g a illel III uI ll OI I -Call r ILIOI I LU Permanent lal lel It -foe Brundage, 4. Discussion of Deschutes County Health Services Current Staffing and Facility Review, and Space Consideration - Cheryl Smallman, 5. Deschutes County Treasurer and Finance Report for February 2021 - Greg Munn, Chief Financial Officer 6. DLCD Technical Assistance Grant Progress Report - Wildlife Inventory Update - Tanya Saltzman, Senior Planner 7. Preparation for Public Hearing: Marijuana Housekeeping Text Amendments - Tanya Saltzman, Senior Planner 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. EXECUTIVE SESSION Board of Commissioners BOCC Meeting Agenda Monday, March 22, 2021 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 Sessions under ORS 192.660 (2) (fl Consider Documents Otherwise Exempt, ORS 192.660 (2) (h) Litigation, and ORS 192.660 (2) (a) Employee Evaluation ADJOURN To watch this meeting on line, go to: www.deschutes.org/meetings Please note that the video will not show up until recording begins. You can also view past meetings on video by selecting the date shown on the website calendar. 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 accommodations to make participation possible, please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.orR/meetinLacalenda (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners BOCC Meeting Agenda Monday, March 22, 2021 Page 3 of 3 1ES CO o' -c 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 Monday Meeting of March 22, 2021 DATE: March 17, 2021 FROM: Whitney Hale, Administrative Services, 541-330-4640 TITLE OF AGENDA ITEM: Deschutes County Statewide Transportation Improvement Fund Advisory Committee Alternate Positions BACKGROUND AND POLICY IMPLICATIONS: The Statewide Transportation Improvement Fund Advisory Committee has two vacant alternate positions. COIC seeks feedback from the Board of Commissioners on next steps to fill the vacant positions. Additional detail is included in the attached staff report from CO/C. FISCAL IMPLICATIONS: None ATTENDANCE: Derek Hofbauer, COIC Outreach and Engagement Administrator; Whitney Hale, Communications Director. Memorandum coic To: Deschutes County Board of County Commissioners From: Derek Hofbauer, COIC Outreach and Engagement Administrator Date: March 17, 2021 Subject: Deschutes County Statewide Transportation Improvement Fund Advisory Committee (STIFAC) Alternate Position Vacancy COIC is currently recruiting two alternates for the STIFAC due to Steve Wilson (former alternate with a term ending 12/31/20) and Walter McCoin (former alternate with a term ending 12/31/21) no longer participating on the committee. The BOCC selected five individuals (see below) during the December 7, 2020 meeting for COIC to contact and assess their willingness to serve as an alternate on the committee, if appointed. Each of those individuals filled out an application during the 2019 recruitment process. Three of the five selected individuals have expressed an interest in serving on the committee for the two open alternate positions. Jennifer Glover Casey Bergh Mark Leithauser COIC staff seek a recommendation from the BOCC regarding next steps for selecting two alternates to serve on the committee for a two-year term starting in 2021. One option is to send Ms. Glover, Mr. Bergh, and Mr. Leithauser a series of supplemental questions to better assess their qualifications and willingness to serve on the committee. A second option is to schedule virtual interviews with the candidates to examine their qualifications. Those two options may also be combined if the BOCC wishes to review supplemental questionnaires and participate in an interview process to select a final candidate. 2019 Candidate Application Summaries Application information for Mr. Leithauser, Mr. Bergh, and Ms. Glover from the 2019 recruitment process are included below: Jennifer Glover La Pine representative Occupation: Employment Manager at Advocates for Life Skills and Opportunity (ALSO) Eligibility: • Low-income individuals • People with disabilities • Individuals age 65 and older • Public and private health, social, and human service providers What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Ms. Glover hopes to provide input regarding what is important to the La Pine and Sunriver communities. • She works with many individuals who experience a disability and are unable to drive and need transportation to get to and from work. Casey Bergh Bend representative Occupation: Transportation Engineer/Planner at OSU-Cascades Eligibility: • Major destinations for users of public transit (e.g. large employers, resorts) • Educational institutions What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Mr. Bergh founded the Mobility Lab at OSLI-Cascades, which will help bring innovation to transportation in Central Oregon. Mark Leithauser Update — Mr. Leithauser no longer works as a mechanic for CET Redmond representative Occupation: Maintenance Supervisor at COIC - Cascades East Transit Eligibility: • People with disabilities • Individuals age 65 and older • Public Transportation Service Providers • Transit users who depend on transit for accomplishing daily activities • Employers • Transit users Residents representing different areas of Deschutes County commerce and/or business community • Transportation logistics representatives (e.g. mechanics, fleet purchasing, highway/road maintenance, vehicle equipment, bus technology) What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Mr. Leithauser grew up in Deschutes County and he understands the difficulties faced by those who are disabled because his father was diagnosed with multiple sclerosis in 1976 and the lack of ADA accessibility was a challenge faced by his family daily. • He has been in the automotive/fleet/transportation industry for over 30 years, as an employee, an employer and a manager. Due to this experience, he understands cost effective ways to implement projects and modifications. • As the current Maintenance Supervisor for Cascades East Transit, he works directly with those who rely on public services. AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Monday Meeting of March 22, 2021 DATE: March 16, 2021 FROM: Timm Schimke, Solid Waste, 541-317-3177 TITLE OF AGENDA ITEM: Discussion of Reinstatement of 1 PW Equipment Operator FTE to the Department of Solid Waste Budget RECOMMENDATION & ACTION REQUESTED: Staff is requesting approval of a Resolution that will be presented on Wednesday, March 24, to reinstate 1 PW Equipment Operator effective 5/1/21 to support the Solid Waste operations. BACKGROUND AND POLICY IMPL ICATIONS: In July 2020, one FTE, a vacant Equipment Operator position, was removed from the FY 20-21 budget. The position had become vacant and the Department decided not to fill the position and manage operations by supplementing with overtime and temporary labor through the fall and winter months when Knott Landfill operating days and hours are reduced. With the summer schedule starting May 1, which extends the daily hours and days to seven days a week at Knott Landfill, this position will be needed to ensure full coverage and maintain safe working conditions. FISCAL IMPLICATIONS: If approved, additional costs of $13,002.00 will be offset by other vacancy savings in Fund 610 Personnel for the remainder of FY 2021. For FY 2022, the number of PW Equipment Operator FTE in the Department proposed budget would increase from nine to ten FTE at a cost of $81,655.00 ATTENDANCE: Timm Schimke, Sue Monette AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Monday Meeting of March 22, 2021 DATE: March 16, 2021 FROM: Joe Brundage, Sheriff's Office, TITLE OF AGENDA ITEM: Consideration of Converting a Sheriff's Office On -Call Position to Permanent BACKGROUND AND POLICY IMPLICATIONS: We originally created this position in FY 2019 as an on -call employee to work on disaster recovery alongside Emergency Management, with the intent to convert or eliminate it after the time period. Since then, the position has become very valuable to the Sheriff's Office and we request your consideration to convert the position to a permanent FTE. Prior to the pandemic, we were going to convert it from on -call to a permanent FTE, as we saw a consistent workload and critical value the position provided as part of our team. However, we pulled it from our budget presentation because of the economic climate. We need to act now and do not want to postpone this further. While we hope the resources we are devoting to the pandemic will continue to decline as more vaccinations are available, this position had proved to be vital prior to that. FISCAL IMPLICATIONS: Minor. No adjustment to the budget is needed. ATTENDANCE: Who will be attending the Board meeting to present this item? Joe Brundage TES C) 2 4171 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 Monday Meeting of March 22, 2021 DATE: March 17, 2021 FROM: Cheryl Smallman, Health Services, TITLE OF AGENDA ITEM: Discussion of Deschutes County Health Services Current Staffing and Facility Review, and Space Consideration RECOMMENDATION & ACTION REQUESTED: Staff requests Board support to leverage the expertise of County Property Management staff to recommend building options to address the shortage of space for staff and services in North County. BACI(GROUND AND POLICY IMPLICATIONS: DESCHUTES COUNTY POPULATION AND HEALTH SERVICES PROJECTED TO INCREASE Deschutes County is home to approximately 198,650 residents, up from 157,905 in 2010 (a 26% increase). Current estimates project the County to reach 301,999 by 2043, which represents a 52% growth from today's levels. (Source: Portland State University Population Research Center; Deschutes County Community Development, November 2020) During the same time period, Deschutes County Health Services' (DCHS) staffing increased by 85%, from 193.50 to 358.2 full-time equivalent (FTE). Increased funding from successful grant applications allowed for the expansion of the scope and scale of services and protections provided to residents, including integrated care in both La Pine and Redmond -a key pillar of the innovative Certified Community Behavioral Health Clinic (CCBHC) model. While DCHS has increased its footprint to help address health access and to meet the needs of residents in rural areas of Deschutes County, DCHS is currently operating beyond its space capacity. It is a reasonable assumption that this issue will compound as staffing increases to meet the health services demands of the County's growing population and as DCHS continues to successfully compete for grants. DCHS CURRENT SPACE IS AT STAFFING CAPACITY Excluding school -based health center locations, DCHS occupies seven County -owned buildings and three leased spaces, for a total of 89,126 square feet. Across all DCHS locations, there are 336 workspaces available to accommodate the current 425 positions. (Please see attached Space Summary document.) While space is a known limitation in DCHS, the current pandemic masks the extent of the issue due to limited in -person services and remote work capabilities. At some point, in -person services will resume at full capacity, staff will return to offices, and DCHS will be faced with the issue of more staff than physical workspaces available, coupled with an increase in demand for services. Exhibit 1, below, is for demonstration purposes only. Even if DCHS staff levels were to remain static over the next four years, fiscal year 2023 would be the first year there would be enough work spaces for staff, due to planned attrition. That said, it does not mean we have adequate workspace in the cities where it is most needed. Exhibit 1. DCHS Positions by Position Type, FY 2021 to FY 1025 430 4M 3a 3W 1W M a E� a a a Oy a a& a 9 a d 9 a a& 9 a a 3 FY21 FY22 FY23 FY24 FY25 RMULM MMMLTD-GMMrRMM OD-PAN"W I TED DCHS utilizes a variety of position types to provide services, including: Regular --Positions that are not limited -duration in nature and are typically associated with ongoing funding sources. • Limited Duration --Positions that have a pre -determined end date. These are often supported through temporary funding streams such as a grant or are project - specific (e.g., COVID response). • TemporaryNolunteer/Contract--Staff placed through employment agencies as well as interns, volunteers and contractors. Of the 425 positions outlined in the attached Space Summary document, 88 are limited duration--69 grant funded and 21 pandemic related --and 45 are temporary, volunteer, or contracted positions. Note: While some pandemic -related positions are funded through COVID-19 one-time funding, for the purposes of this staff report, these positions are excluded from other grant -funded positions. Assuming no changes to current positions, Exhibit 1, below, shows that DCHS staffing exceeds physical workspaces through the first quarter of fiscal year 2023. This does not factor in other realistic staffing considerations, such as: • Some limited duration positions may continue (e.g., through continued CCBHC funding); • Successful grant applications may require additional grant -funded positions; • The need to quickly increase staffing for emergencies and/or communicable disease outbreaks (e.R., COVID-19 resurgence); • Population growth will necessitate an increased level of services. DCHS continues to think creatively about how best to use current space while also planning for realistic capacity concerns. CURRENT AND FORECASTED GROWTH INDICATE HIGH NEED IN NORTH COUNTY The seven County -owned buildings and three leased facilities DCHS occupies are located in Bend, La Pine and Redmond. Facility size and configuration are not sufficient to meet the current demand in north Deschutes County. Currently, Bend facility square footage represents 85% of all DCHS facility square footage. Redmond, in contrast, comprises 10% of DCHS facility square footage, yet 33% of DCHS clients are seen at Redmond sites. Redmond's client base is likely to continue growing. Forecasts project that Redmond population will increase annually by 2.3%, on average, between 2021 and 2043 (Source: Deschutes County Community Development, November 2020). Property Management hired a consultant to assess DCHS's building space in Redmond. The consultant's initial assessment indicates that space at Becky johnson, Kaleidoscope and North County Services Building totals 8,974 square feet, and that, based on current and future needs, approximately 2.5 to 3.0 times more building square footage may be required. This is the initial assessment pending receipt of the consultant's final report. Specialized services at locations in La Pine and Redmond are restricted, often requiring individuals to travel to Bend to receive services even if an individual prefers a nearer location. It is reasonable to assume that providing expanded hours and programs at these locations would result in increased utilization. Currently, the ability to increase staffing to accommodate the corresponding growth at any site is not an option as each site is at full capacity. It is also worth noting that other County departments may have current or future space needs that are best suited for placement in North County. OPTIONS TO ADDRESS INFRASTRUCTURE DEMANDS DCHS requests Board support to leverage the expertise of Property Management's staff to examine options available to address the current space issues. Options may include: Purchase building(s) Lease space Build Property Management has reviewed the current landscape of options in North County and is available to provide input on this topic. FISCAL IMPLICATIONS: None at this time ATTENDANCE: Chris Weiler, Health Services Operations Officer; Cheryl Smallman, Health Services Business Officer; Katie Pineda, Project Manager; and Kristie Bollinger, Property Manager -- Via Zoom DCHS WORKSPACE SUMMARY 262 45 POSITIONS �3 (excludes on -call) Tax 4 POSITIONS (358.2 FTE) 10 LOCATIONS (excludes schools) (excludes on -call) (7) County Buildings (37) Vacant Positions (88) Limited Duration (3) Leased Spaces (45) Temporary/Volunteer/Contract 69 GRANT FUNDED POSITIONS 336 WORKSPACES (included in total positions above, excludes pandemic) (153) Private Offices (7) Vacant Grant Positions (183) Shared Offices/Cubicles Of the 425 positions, 47 positions (20.9 FTE) are pandemic related: • 0.5 Regular HE (Healtih officer) • 20.4 FTE Limited Duration • 25 Temporary and Contracted Staff LOCATION DETAIL 6 5 Becky Johnson Center** Redmond 1,714 126 150* Courtney Bend 37,968* 39 45* DCDC Bend 10,815 5 5 Kaleidoscope** Redmond 700 14 17* Mike Maier Bend 2,800 18 18 NOCO Redmond 6,560 15 13 SOCO La Pine 4,625 21 38* Stabilization Center Bend 5,263 (!) Includes 24/7 operation 24 38* Williamson** Bend 5,601 (22) Admin Services and (16) Communicable Disease 68 69* WSSB Bend 13,080 n/a 13* Other n/a N/A School -based & Mobile Teams [Data as of March 20211 *Number of assigned staff exceeds number of available workspaces **Leased Facility } Excludes 2,532 sq. ft. occupied by Mosaic Medical CLIENT DATA BY LOCATION Location Unduplicated Clients (Projected 2020) Becky Johnson Center Total: 4,830 Public Health Programs (PH) PH: 4,830 Courtney Main Clinic Total: 6,720 Public Health Programs (PH) PH: 3,190 Behavioral Health Programs (BH) BH: 3,530 Deschutes County Downtown Clinic (DCDC) Total: 725 Behavioral Health Programs (BH) BH: 725 Kaleidoscope Total: 205 Intellectual & Developmental Disabilities (IDD) IDD: 205 Mike Maier N/A North County Services Building Total: 1,289 Behavioral Health Programs (BH) BH: 1,289 South County Services Building Total: 620 Behavioral Health Programs (BH) BH: 620 Stabilization Center Total: 3,062* Behavioral Health Programs (BH) BH: 725 Williamson N/A Wall Street Services Building (WSSB) Total: 1306 Behavioral Health Programs BH: 384 Public Health Programs PH: 407 Intellectual & Developmental Disabilities (IDD) IDD 515 School -Based Health Centers Total: 175 Behavioral Health Programs (BH) BH: 175 La Pine Community Health Center (WIC) Total: 378 Public Health Programs (PH) PH: 378 *Includes field -based Crisis MCAT team IDowntown Clinic LOCATIONS Bprkv Johnson Center � � ......... .^^...... ~.^~ Not pictured: La Pine Community Health Center (partner site), School -based Health Center,Kids Center. ......... .^^...... ~.^~ Not pictured: La Pine Community Health Center (partner site), School -based Health Center,Kids Center. im W., �\\ 161 ION Cei Im �1 lei Lu 2� J S13 Q Ln Ln J �a 4I o 0 0 0 1 O 0 O d 0 b.A C m N CL O u N O v 0 00 m OR 0 00 N 0 Ln N m I +j LL er tA O O 4-1 LL 4-1 LL cr IT �yl Y J�1 Y O; Q ~' J 3a Ln �— U_ .� (n u L'I � � U ®ro V) N - = Lh ro ro +-J u 0 ELn O Z N C - ��_ u U 4-0 _, - � O u O ro O > X -0 O 4-J 0 r a. w w Q U C— O ro a�IOLO m c M W ro o U ro Q u CO +-j 0- U �v i N U U > Q � �� O ,A R � L/) Q Jd 0 0 0 " 4-J 0 4 V) 4-1 0 LLO 4-.J V) 0(/) " (1) D- � >) 0 C: m C: D 0 D 0 4--d 0 U ou 4�1 C Jc: u 0 0-0 o z D I �)I ES CpGZ 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 Monday Meeting of March 22, 2021 DATE: March 17, 2021 FROM: Greg Munn, Finance, 541-388-6559 TITLE OF AGENDA ITEM: Deschutes County Treasurer and Finance Report for February 2021 Report Attached. DATE: March 17, 2021 TO: Board of County Commissioners FROM: Greg Munn, Treasurer and Chief Financial Officer SUBJECT: Treasury and Finance Report - February 2021 Following is the unaudited monthly finance report for fiscal year to date February 28, 2021. Treasury and Investments • The portfolio balance at the end of January was $256M, an increase of $9 million from last month (reflecting 2nd trimester property tax collections) and an increase of $22 million from last year. • Net investment income for the month is $176,794, approximately $10,000 less than last month and $184,000 less than last February. YTD earnings are $1.7 million (44%) less than last year's amount. • All portfolio category balances are within policy limits except the pool balance of 51.5 million on a policy of 51.2 million. The monthly balance can be challenging to target with unpredictable deposits being made on the final day of the month. • The LGIP interest rate remains at 0.75% but dropped to 0.60% on March 1. • Average portfolio yield is 0.91% down from 0.96% last month. • The portfolio's weighted average time to maturity is at 1.9 years (no change from last month). Portfolio Breakdown: Par Value by Investment Type Municipal Debt $ 38,520,000 15.1% Corporate Notes 58,903,000 23.0% Time Certificates - 0.0% U. S. Treasuries 10,000,000 3.9% Federal Agencies 78,385,000 30.7% LGIP 51,490,319 20.1% First Interstate Bank 18,251,469 7.1°/ Total Investments $ 255,549,788 100.0% Total Portfolio: By Investment Types First Interstate Municipal Debt Bank 15.1 7.1 Corporate Notes Time Federal . Certifica tes Agencies US%ar0.0 30.7% 3. Portfolio by Broker $111.8 $120 c $100 $80 $60 $40 $18.6 $19.8 $22.8 $20 $3.9 $8.9 $_ , DA Moreton RobertW Great Piper Castle Davidson Capital Baird & Pacific Sandler Oak Markets Co Securities Investment Income Feb-21 Y-T-D Total Investment Income 181,794 1,738,637 Less Fee: $5,000 per month (5,000) 40,000 Investment Income - Net 176,794 1,698,637 Prior Year Comparison Feb-20 360,837 3,009,367 Treasuries 1 ($51,177,000) 1 !ral Agencies 1 er's Acceptances Certificates cioal Debt Matu ' ears Max 4.69 Weighted Average 1.90 Yield Percentages Current Month Prior Month FIB/ LGIP 0.75% 0.76% Investments 1.56 % 1.48% Average 0.91% 0.96% Benchmarks 24 Month Treas. 0.13% LGIP Rate 0.75% 36 Month Treasury 0.27% Term Minimum Actual 0 to 30 Days Under 1 Year Under 5 Years 10% 25% 100% 27.3% 43.1% 100.0% Other Actual Corp Issuer Callable Credit W/A _Policy 5% 25% AA2 3.1% 23.8% AA1 Investment Activity Purchases in Month $ Sales/Redemptions in Month $ 9,655,000 9,505,000 4.00% 3.50% 3.00% 2.50% 2.00% 1.50% 1.00% 0.50% 0.00% 300,000,000 250,000,000 200,000,000 1.50,000,000 100,000,000 50,000,000 24 Month Historic Investment Returns Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May.lune July Aug Sept Oct Nov Dec Jan Feb — County Rate 2 year Treasury Rate Corporate Rand Rete-^u-LGIP Rate Three Year Portfolio Balance w w w w Co w w 01 m m 0) M M m M 0, m m 0) 0 0 o 0 0 0 0 0 0 0 0 0 N N fy 71 71 VN N 75 N b0 CtN N> NuGD Z oO2045ga —Q v O 4 NG .NQ —' 20,000,000 18,000,000 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 As of 09.30.20 Deschutes County Investments Purchases made In Feb 2020 Portfolio Management Purchases made In Feb 2021 Portfolio Details • Investments February 28, 2021 Purchase Maturity Days To Ratings Coupon Par Market Book Inv ; Inv Ty . CUSIP - Seeurity Broke - Date - Date .I Meturl -' Moodl S&P/FI • Rate • YTM 3( - Value - Value Value 10887 VR2 69236TEV3 Toyota Mir Cred -Corp N CASTLE 1/9/2019 4/13/2021 43 Al A+ 0.5041 2.2175 2,000,000 2,000,753 1,999,358 10702 VR2 06051GFV6 Bank of America Corp CASTLE 5/31/2019 4/19/2021 49 A2 A- 1.6378 3.1702 1,050,000 1,052,033 1,051,553 10706 MUN 801577NR4 SANTA CLARA CNTY CALIF FING CASTLE 7/2/2019 6/1/2021 61 AA, 2.0500 2.2634 1:095,101 1,097,759 1.194:971 10700 MCI 06051 GEH8 Bank of America Corp CASTLE 5/9/2019 5/13/2021 73 A2 A- 5.0000 2.7003 1560,000 1,574,741 1, 566938 10757 MCI 09247XAH4 Federal Home Loan Mtg Corp CASTLE 3/26/2020 5/24/2021 84 Aa3 AA- 4.2500 2.6577 2,000,000 2,019,028 2,007,171 10741 TRC 9128286V7 U.S. Treasury CASTLE 12/13/2019 6/31/2021 91 Aaa 2.1250 1.7017 5,000,000 5,025,425 5,005, 183 10667 MCI 695114CMB Pacific Corp CASTLE 11/29/2018 6/15/2021 106 Al A+ 3.8500 3.3502 1,170,000 1,173,091 1,171,605 10672 MCI 695114CM8 Pacific Corp CASTLE 12/6/2018 6/15/2021 106 Al A+ 3.8500 3.3509 830,000 832,193 831,138 10692 MCI 696114CMS Pacific Corp CASTLE 2/22/2019 6/15/2021 106 At A+ 3.8500 2.8503 2,000,000 2'005,284 2,004,969 10708 FAC 3133EKVC7 Federal Farm Credit Bank CASTLE 7/29/2019 7/19/2021 140 Aaa AA- 1.8750 1.8749 3,000,000 3,020,971 3,000,000 10721 TRC 9128287F1 U.S. Treasury CASTLE 101311 2019 7/31/2021 1520 Aaa 1.75050 1.6313 5,000,000 5,035,545 5,002,416 10705 MUN 797398OK7 SAN DIEGO CNTY CALIF PENSIOICASTLE 7/1/2019 8/15/2021 167 Aa2 AAA 5.8350 2.0005 2,000,000 2'050,220 2,034,028 10696 AFD 88059E4M3 Tennessee Valley Authority CASTLE 4/18/2019 9/15/2021 198 Aaa AA- 2.3733 2.5355 1,020,000 1,019:294 1,006,686 10648 MCI 45905UC36 International Bonds for Recons CASTLE 7/16/2018 9/28/2021 211 Aaa AAA 2.0000 2.9669 2,000,000 2,021,240 1,989,470 10731 MCI 94988J5TO Wells Fargo Corporate Note CASTLE 12/5/2019 10/22/2021 235 Aa2 A+ 3.6250 1.9498 2:000:000 2,037, 191 2:020:998 10724 FAC 3130AFUYO Federal Home Loan Bank CASTLE 11/8/2019 11/19/2021 263 Aaa AA, 1.6250 1.7109 3:010:000 3:034,326 2.998,189 10744 FAC 3130AHSR5 Federal Home Loan Bank CASTLE 12/20/2019 12/20/2021 294 Aaa AA, 1.6250 1.6801 3,000,000 3,037,598 2,998,700 10732 MCI 46625HJD3 JPMorgan Chase - Corporate N PJ 12/6/2019 1/24/2022 329 A2 A- 4.5000 2.0101 2,000,000 2,076,070 2:043:504 10654 MCI 895I 14CP1 Pacific Corp CASTLE 9/25/2018 2/1/2022 337 Al A+ 2.9500 3.3202 700,000 712,501 697,765 10726 FAC 3133EKCY0 Federal Farm Credit Bank CASTLE 11/21/2019 3/14/2022 378 Aaa AA+ 0.4500 0.6684 5,000,000 5,017,163 5,005,106 10730 FAC 3133EKCYO Federal Farm Cretlit Bank CASTLE 11/29/2019 3/14/2022 378 Aaa AA- 0.4500 0.4847 5,000,000 5:017,163 5,005:652 10720 MCI 90520EAH4 MUFG Union Bank CASTLE 10/25/2019 4/1/2022 396 A3 A 3.1500 2.0375 2,000,000 2,055,810 2,023,391 10750 MCI 90520EAH4 MU Union Bank CASTLE 2/5/2020 4/l /2022 396 A3 A 3.1500 1.8114 1,000,000 1,027,905 1,014,151 10759 MCI 037833CP3 Apple Inc CASTLE 3/27/2020 5/11/2022 436 Aa1 AA, 0.6025 1.7772 1,000,000 1,004,587 987,550 10733 MCI 084664BT7 Berkshire Hathaway Inc MORETN 12/6/2019 5/15/2022 440 Aa2 AA 3.0000 1.7400 2,000,000 2'068,380 2,029,611 10652 MUN 686053BQ1 Oregon School Boards Assoc MORETN 9/14/2018 6/3012022 486 Aa2 AA 5,4800 3.1200 925,000 985,514 952,175 10833 MUN 757889BRO REDWOOD CITY CA SCH DIST DA DAV 2/24/2021 8/1/2022 518 AA 5.0000 0.8062 125,000 133:578 133,390 10748 FAG 3133EKJ56 Federal Farm Credit Bank CASTLE 1/31/2020 8/30/2022 647 Aaa AA. 0.4000 0.3783 3,000,000 3'012'077 3,007,553 10790 MUN 014365DQO ALDERWOOD WA WTR & WSTWI R W B 11/12/2020 12/1/2022 640 Aa2 AA+ 1.0000 0.5001 200,000 202,124 201.741 10727 MCI O605I GEU9 Bank of America Corp CASTLE 11/25/2019 1/11/2023 681 A2 A- 3.3000 2. 1201 2,000,000 2,111, 182 2,042,259 10813 MCI 740189AGO Precision Castparts Corp CASTLE 12/17/2020 1/16/2023 685 A2 AA- 2.5000 0.5548 2,772,000 2,867,177 2,872,230 10835 MUN 010831 D05 ALAMEDA CNTY CA JT PWRS AUr CASTLE 2/24/2021 6/1/2023 822 Aal AA+ 3.0950 0.3959 3,080,000 3,269,482 3,272,377 10760 MUN 736746XU7 PORTLAND OR URBAN RENEWAL PS 7/14/2020 6/15/2023 836 Aal 4.0230 2.8950 1,000,000 1,010,260 1,024,563 10709 MUN 29270CNU5 Bonneville Power Administratio CASTLE 7/30/2019 7/1/2023 852 Aa2 AA- 5.8030 2. 1249 1,000,000 1,123,340 1,081,916 10713 MCI 361582AD1 Berkshire Hathaway Inc CASTLE 9/9/2019 7/15/2023 866 Aa3 AA 7.3500 2.0306 500,000 579,867 560,384 10832 MCI 06053FAA7 Bank of America Corp DA DAV 2/23/2021 7,24/2023 876 A2 A- 4.1000 0.2303 1,000,000 1,087,584 1,092,453 10769 FAC 3137EAEV7 Federal Home Loan Mlg Corp CASTLE 8/21/2020 8/24/2023 906 Aaa AA+ 0.2500 0.2841 5:000:000 5,003,845 4:995:795 10768 MUN 67232TBM6 OAKLAND CA REDEV SUCCESSO PS 8/21/2020 9/1/2023 914 AA- 3,1250 0.6015 2.500,000 2,648,025 2,858, 055 10780 MUN 476453GRO JEROME IDAHO SCHOOL DISTRIt PS 10/13/2020 9/15/2023 928 Aaa 5.0000 0.4794 200,000 223,008 222,768 10819 MCI 3133EMLEO Federal Farm Credit Bank PS 12/30/2020 9/22/2023 935 Aaa AA, 0.1900 0.1900 2,000,000 1,998:930 2'000,000 10794 FAC 3137FAEZB Federal Home Loan Mtg Corp CASTLE 11/5/2020 11/6/2023 980 AA+ 0.2500 0.2801 5:000:000 4,994,307 4,995,983 10802 MCI 459058JM6 International Bonds for Recons CASTLE 11/24/2020 11/24/2023 998 Aaa AAA 0.2500 0.3204 2,000,000 1,993,680 1:996:085 10789 MUN 014365DRB ALDERWOOD WA WTR & WSTWI R W B 11/12/2020 12/1/2023 1005 Aa2 AA + 1.0000 0.5499 270,000 273,702 273,313 10923 MCI 06051GFBO Bank of America Corp CASTLE 1/12/2021 1/22/2024 1057 A2 A- 4.1250 0.5217 2,000,000 2,204,437 2,206,481 10834 MCI 3133EMRZ7 Federal Farm Credit Bank CASTLE 2/26/2021 2/26/2024 1092 Aaa AA+ 0.2500 0.2621 2,000,000 1,994:312 1:999,283 10829 MUN 68607VZ73 Oregon State Lottery PS 1/26/2021 4/1/2024 1127 Aa2 AAA 2.5050 0.3902 2,350,000 2,493,327 2,502,136 10761 FAC 3134GV6P8 Federal Home Loan Mtg Corp CASTLE 7/30/2020 4/15/2024 1141 Aaa 0.5000 0.5000 2:465,000 2,465,908 2,465,000 10777 MUN 179093KQ1 CLACKAMAS SCHOOL DISTRICT PS 10/1/2020 6/15/2024 1202 Aal 0.6130 0.6130 500,000 499,910 500,000 10807 MUN 179198JF4 CLACKAMAS SCHOOL DISTRICT DA DAV i2/3/2G2G 6l i5/2024 i202 Asi 0.8300 0.4802 300,000 304,122 303,418 10816 MUN 625517MG9 MULTNOMAH COUNTY OR SCHO, R W B 12/30/2020 6/15/2024 1202 AaI AA- 2.0000 0.4053 2,750,000 2,885,328 2,893,552 10809 MUN 736688MD1 Portland Community College PS 12/17/2020 6/15/2024 1202 Aat 0.5720 0.5720 1,000,000 998,490 1,000,000 10776 MUN 568571 MIDI SILVER FALLS SD PS 9/17/2020 6'15/2024 1202 Aa1 0.5500 0.5500 1,900,000 1,898,860 1,900,000 10779 MUN 906429EE1 UNION CTY OR SCHOOL DISTRIC PS 10/8/2020 .11512024 1202 Aal 0.6750 0.6750 490000 490,897 490000 10785 MUN 939307KV5 Washington County SD Municipal PS 10/28/2020 6/15/2024 1202 Aal 0.5900 0.5841 1,500:000 1,501,050 1'500:000 10771 MCI 68583RCT7 OR ST COMMUNITY COLLEGE DI R W B 8/27/2020 6/30/2024 1217 Aal AA- 5.6600 0.6000 90,000 104,409 104:971 10782 MUN 58428BERI MEDFORD OR REVENUE R W B 10/14/2020 7/15/2024 1232 AA- 2.0000 0.6504 815,000 851,178 851, 588 10828 MCI 3133EMNK4 Federal Farm Credit Bank DA DAV 1/22/2021 7/22/2024 I239 Aaa AA+ 0.3100 0.3100 2,000,000 1,991,372 2,000,000 10805 MUN 68609TZR2 Oregon State Lottery R W B 12/1/2020 8/1/2024 1249 Aat AA 0.6380 0.4149 505,000 507,788 508,816 10811 MUN 68608USW7 Oregon State Lottery R W B 12/17/2020 8/1/2024 1249 Aat AA+ 2.6770 0.9387 755,000 794,298 798,983 10812 MUN 68608USD9 Oregon State Lottery R W B 12/17/2020 8/1/2024 1249 Aal AA+ 2.6770 0.9387 500,000 525,900 529,128 10784 MUN 732098PE2 POMONA CALI UNI SCH DIST TAX PS 10/20/2020 8/1/2024 1249 Aa3 0.7700 0.6002 1,200,000 1.215,880 1,206,876 10786 MUN 835569GR9 SONOMA CCD PS 10/21/2020 8/1/2024 1249 Aa2 AA 2.0610 0.6002 1,200,000 1,251:072 1,259,127 10816 MCI 30231GBC5 XTO Energy Inc GPAC 12/21/2020 8/16/2024 1264 A. AA 2.0190 0.5432 2,000,000 2,090,423 2,100,925 10810 MUN 73474TA66 MORROW PORT TRANS FAC R W B I2/14/2020 9/1 /2024 1280 Aa2 3.2210 0.4202 1,750,000 1,911, 508 1,920,034 10775 FAC 3134GWF84 Fetleral Home Loan Mtg Corp CASTLE 9/9/2020 9/9/2024 1288 Aaa 0.4800 OA800 1,000,000 996,686 1,000,000 10830 MCI 22546QAP2 CREDIT SUISSE NY CASTLE 2/1/2021 9/9/2024 1288 Aa3 3.6260 0.5718 2,950,000 3,238,107 3,263,542 10778 MUN 4511527CO IDAHO ST BOND BANK AUTH REV PS 10/8/2020 9/15/2024 1294 Aa1 5,0000 0.6103 1,000,000 1,152,510 1,153,267 10781 MUN 476453GSB JEROME IDAHO SCHOOL DISTRit PS l0/13/2020 9/15/2024 1294 Aaa 5.0000 0.7253 220,000 252,886 252,754 10808 MUN 13034AL67 CALIFORNIA INFRASTRUCTURE SG PAC 12117/2020 loll 12024 1310 AAA 0.6450 0.6836 1,000,000 1,001,920 1,000,000 10783 FAC 3133EMCN0 Federal Farm Credit Bank CASTLE 10/16/2020 10/15/2024 1324 Aaa AA+ 0.4000 0.4402 2,000,000 1,991,732 1,997,118 10791 FAC 3134GW3W4 Federal Home Loan Mtg Corp CASTLE 10/30/2020 10/28/2024 1337 Aaa 0.4100 0.4163 2,000:000 2:002,242 1,999,542 10797 MCI 822582CC4 ROYAL DUTCH SHELL PLC GPAC 11/13/2020 11/7/2024 1347 Aa2 AA- 2.0000 0.7055 3,000,000 3,123,325 3:140,800 10823 MCI 822582CC4 ROYAL DUTCH SHELL PLC CASTLE 1/7/2021 11/7/2024 1347 Aa2 AA- 2.0000 0.5429 1:708,000 1,778:213 1,798,592 10799 FAC 3134GW7F7 Federal Home Loan Mtg Corp CASTLE I1/18/2020 11/18/2024 1358 Aaa 0.3760 0.3750 2,000,000 1,997,398 2,000,000 10788 MUN 014365DS6 ALDERWOOD WA WTR & WSTWI R W B 11/12/2020 12/1/2024 1371 Aa2 AA, 1.0000 0.6501 935,000 946,781 947:100 10814 MCI 931142DV2 WALMART GPAC 12/17/2020 12/15/2024 1385 Aa2 AA 2,6500 0.5705 2,000,000 2.146,962 2, 155,579 10820 MCI 3133EMLP5 Federal Farm Credit Bank PS 12l3012020 12/23/2024 1393 Aaa AA+ 0.3200 0.3200 2,000,000 1,982:742 2:000,000 10806 MCI 037833DF4 Apple Inc GPAC 1213120213 1/13/2025 1414 AaI AA+ 2.7600 0.6389 2,000,000 2, 133,627 2,160,870 10821 MCI 3134GXKK9 Federal Home Loan Mtg Corp R W B 1/15/2021 1/15/2025 1416 Aaa 0.3500 - 2,000, 000 1:959,718 2,000,000 10817 MCI 4W25HKC3 JPMorgan Chase - Corporate N CASTLE 12/22/2020 1/23/2025 1424 A2 A- 3.1250 0.8061 2,000,000 2,153:281 2:177:313 10826 MCI 46625HKC3 JPMorgan Chase - Corporate N CASTLE 1/11/2021 1/23/2025 1424 A2 A- 3. 1250 0.8272 2,000.000 2, 153,285 2,17,5 656 10792 FAC 3134GW5Q5 Federal Home Loan Mtg Corp CASTLE 10/30/2020 1/29/2025 1430 Aaa 0.4500 0.4524 2,500,000 2,463,511 2,499,770 10762 FAC 3136G4E74 Federal National Mtg Assn CASTLE 7/31/2020 1/29/2025 1430 Aaa AA+ 0.5700 0.5700 1,400,000 1,378,497 1,400,000 10822 MCI 125720AGO CME GROUP GPAC 1/4/2021 3/15/2025 1475 Aa3 AA- 3.0000 0.6491 2,000,000 2,154,810 2,187,028 10801 MCI 30231G BH4 XTO Energy Inc GPAC 11/19/2020 3/19/2025 1479 Aa1 AA 2.9920 0.8138 2,000,000 2,151,966 2,173,003 10800 MUN 98459LAA1 YALE UNIVERSITY GPAC 11/18/2020 4/15/2025 1506 Aaa AAA 0.8730 0.5784 2,000,000 2,003,051 2,023,942 10818 MCI 166764BW9 Chevron Corp GPAC 12/28/2020 5/11/2025 1532 Aa2 AA 1.5540 0.8470 1,663,000 1,700,607 1,725,275 10824 MCI 166764BW9 Chevron Corp CASTLE 1/7/2021 5/11/2025 1532 Aa2 AA 1.5540 0.6175 2,000,000 2045228 2077392 10825 MUN 625506PX2 MULTNOMAH CO-REF-TXBL GPAC 1/21/2021 6/1/2025 1553 Aaa AAA 1.0000 0.5001 2,165,000 2:197:280 2:210:446 10798 MUN 938429V61 Washington County SD Municipal PS 11/17/2020 6/15/2025 1567 Aal 0.9120 0.6449 350,000 355,758 353,945 10831 MUN 799055QU5 SAN MATEO CA FOSTER CITY SC DA DAV 2/16/2021 8/1/2025 1614 Aaa AA + 1.5970 0.4701 500,000 515,855 524,598 10787 MUN 88675ABS4 TIGARD OR WTR SYS REVENUE PS 11/3/2020 8/1/2025 1614 Aa3 AA 2.0000 0.8504 350,000 366,265 367,382 10763 FAC 3133EL3P7 Federal Farm Cretlit Bank R W B 8/12/2020 8/12/2025 1625 Aaa AA. 0.5300 0.5300 3,000,000 2,964,174 3,000,000 10764 FAC 3133EL3H5 Federal Farm Credit Bank MORETN 8/12/2020 8/12/2025 1625 Aaa AA- 0.5700 0.6700 3,000,000 2,946,729 3,000.000 10766 FAG 3134GWND4 Federal Home Loan Mtg Corp CASTLE 8/14/2020 8/12/12025 1625 Aaa 0.6000 0.6102 2,000,000 1,978,746 1:999,110 10767 FAC 3136G41 84 Federal National Mtg Assn CASTLE 8/18/2020 8/18/2025 1631 Aaa AA+ 0.5700 0.5901 2,000,000 1,983,781 1,998,232 10765 FAC 3136G4N74 Federal National Mtg Assn MORETN .12112.20 8/21/2025 1634 Aaa AA+ 0.5600 0.5600 3,000,000 2,974, 166 3,000,000 10772 FAC 3136G4N74 Federal National Mtg Assn R W B 8/27/2020 8/21/2025 1634 Aaa AA+ 0.5600 0.5651 1,000, 000 991,389 999:776 10774 FAC 3136G4N74 Federal National Mtg Assn R W B 9/3/2020 8/21/2025 1634 Aaa AA+ 0.5600 0.5600 2,000,000 1,982,777 2,000,000 10770 FAC 3136G4X24 Federal National Mtg Assn PS 8/28/2020 8/29/2025 1642 Aaa AA+ 0.6000 0.6000 1,000,000 992:971 1,000,000 10773 FAC 3136G4X24 Federal National Mtg Assn CASTLE 8/28/2020 8/29l2025 1642 Aaa AA+ 0.6000 0.8000 1,000,000 992,971 1,000,000 10793 FAC 3135GA2N0 Federal National Mtg Assn R W B 11/4/2020 11/4/2025 1709 Aaa AA+ 0.5500 0.5500 2,000,000 1,977,835 2,000,000 10796 FAC 3135G06G3 Federal National Mt9 Assn CASTLE 11/12/2020 11/7/2025 1712 Aaa AA, 0.5000 0.5729 2,000,001 1,975,181 1,993,275 10078 RRP SVS10078 Local Govt Investment Pool 7/1 /2006 - - 1 0.7500 0.7500 51,490,319 51,490,319 51,490,319 10084 RR2 SYS10084 First Interstate 7/1/2006 - - 1 0.7500 0.7500 18251469 18251469 18.251,469 256 649,788 265,365 568 265,6.8,665 Budget to Actuals Report General Fund: Revenue YTD in the General Fund is $42 million or 112% of budget, an increase of $8 million from last year which was at 95% of budget for the same time period. This increase in YTD revenue this year is due to property tax collections, unbudgeted CARES Act reimbursements and Clerk recording fees. Both the increase in property tax collections and Clerk recording fees are driven by low interest rates and refinances. Year to date there are 1,448 (1.3%) more tax accounts than last year and 1,207 more accounts that were paid in full by the November due date. Expenses YTD are $32 million and 80% of budget compared to $23.5 million and 62% of budget last year. The increase of $8.5 million this year is largely due to CARES Act expenditures. County Wide Financial Dashboard 001 - General Fund 8 66.7% Year complete F-d .e f5lanh 001 - General Fun C10 - Azm�-C?e I-X... OM - code AhaCe.., 030 - Comq,unity ... C40 - Court iechn... 050 - Economic D,.. Gcnelal COM,. 070 - Genelat Cou.,. 0% - Project Ded... 12O. La'mi13131y 130 - Park Acqulsi... 13i . Park 6r-velo... Monthly GL R. 0 8 E $9.7M i w (Blank) All Major Funds: Budget to Actuals to S .. Lan Yea A�tuJs WC�nem resr AauaL Monthly Revenues94.3'S of last rani budge[ OLast Yet AM --Is tlQ—nt .A7u-- On the attached pages you will find the Budget to Actuals Report for the County's major funds with actual revenue and expense data compared to budget through February 28, 2021. Position Control Summary July -June Percent Org Jul Aug Sep Oct Nov Dec Jan Feb Unfilled Assessor Filled 33.26 33.26 33.26 33.26 33.26 33.26 33.26 33.26 Unfilled 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 5.67% Clerk Filled 8.48 8.48 8.48 8.48 8.48 8.48 9.48 9.48 Unfilled 1.00 1.00 1.00 1.00 1.00 1.00 - - 7.91% BOPTA Filled 0.52 0.52 0.52 0.52 0.52 0.52 0.52 0.52 Unfilled - - - - - - - - 0.00% DA Filled 53.10 53.80 52.80 51.80 52.40 51.20 52.20 52.20 Unfilled 1.00 0.40 1.40 2.40 1.80 3.00 2.00 2.00 3.23% Tax Filled 5.50 5.50 5.50 5.50 5.50 5.50 5.50 5.50 Unfilled - - - - - - - - 0.00% Veterans' Filled 4.00 4.00 4.00 4.00 4.00 4.00 4.00 4.00 Unfilled - - - - - - - - 0.00% Property Mngt Filled 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Unfilled - - - - - - - - 0.00% Total General Fund Filled Unfilled 106.86 4.00 107.56 3.40 106.56 4.40 105.56 5.40 106.16 4.80 104.96 6.00 106.96 4.00 106.96 4.00 4.06% Justice Court Filled 4.60 4.60 4.60 4.60 4.60 4.60 4.60 4.60 Unfilled - - - - - - - 0.00% Community Justice Filled 46.90 46.90 45.90 45.90 45.90 45.90 44.90 44.90 Unfilled 1.00 1.00 2.00 2.00 2.00 2.00 3.00 3.00 4.19% Sheriff Filled 224.75 234.75 237.75 236.75 231.75 231.75 226.75 230.75 Unfilled 22.75 15.25 12.25 14.25 19.25 19.25 24.25 20.25 7.37% Health Srvcs Filled 304.55 312.25 319.78 323.98 318.21 316.18 310.98 327.98 Unfilled 38.25 31.55 24.02 17.82 23.89 31.92 37.12 29.12 8.44% CDD Filled 54.00 53.00 54.00 54.00 53.00 56.00 56.00 56.00 Unfilled 2.00 3.00 2.00 4.00 5.00 1.00 1.00 1.00 4.18% Road Filled 53.00 53.00 53.00 53.00 53.00 53.00 53.00 55.00 Unfilled 4.00 3.00 3.00 3.00 3.00 3.00 3.00 1.00 5.12% Adult P&P Filled 39.60 39.60 38.60 38.60 39.60 39.60 39.60 39.60 Unfilled 2.25 1.25 2.25 2.25 1.25 1.25 1.25 1.25 3.97% Solid Waste Filled 22.00 23.00 23.00 23.00 23.00 23.00 23.00 23.00 Unfilled 2.00 - - - - - - - 1.08% 9-1-1 Filled 54.00 54.00 56.00 57.00 55.00 55.00 53.00 53.00 Unfilled 6.00 5.00 3.00 2.00 4.00 4.00 6.00 6.00 7.61% Victims Assistance Filled 8.00 8.00 8.00 8.00 8.00 8.00 7.00 7.00 Unfilled - - - - - - 1.00 1.00 3.13% GIS Dedicated Filled 2.30 2.30 2.30 2.30 2.30 2.30 2.30 2.30 Unfilled - - - - - - - - 0.00% Fair& Expo Filled 10.91 10.91 10.91 10.91 10.91 10.91 10.91 10.91 Unfilled 0.09 0.09 0.09 0.09 0.09 0.09 0.09 0.09 0.82% Natural Resource Filled 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Unfilled - - - - - - - - 0.00% ISF - Facilities Filled 19.60 19.60 20.60 21.60 21.60 21.60 21.60 21.60 Unfilled 3.40 2.40 1.40 0.40 0.40 0.40 0.40 0.40 5.20% ISF - Admin Filled 7.75 7.75 7.75 7.75 7.75 7.75 7.75 7.75 Unfilled - - - - - - - - 0.00% ISF - BOCC Filled 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 Unfilled - - - - - - - - 0.00% ISF - Finance Filled 8.00 8.00 9.00 9.00 9.00 9.00 9.00 9.00 Unfilled 1.00 1.00 - - - - - 1.00 4.11% ISF - Legal Filled 7.00 7.00 7.00 7.00 7.00 7.00 7.00 7.00 Unfilled - - - - - - - - 0.00% ISF - HR Filled 8.00 8.00 8.00 8.00 8.00 8.00 8.00 8.00 Unfilled - - - - - - - - 0.00% ISF - IT Filled 15.70 15.70 15.70 15.70 15.70 15.70 15.70 15.70 Unfilled - - - - - - - - 0.00% ISF - Risk Filled 2.25 2.25 2.25 2.25 2.25 2.25 2.25 2.25 Unfilled - - - - - - - - 0.00% Total: Filled 1,004.77 1,023.17 1,035.70 1,039.90 1,027.73 1,027.50 1,015.30 1,038.30 Unfilled 86.74 66.94 54.41 51.21 63.68 68.91 81.11 68.11 % Unfilled 7.95% 6.145IG 4.99% 4.69% 5.83% 6.29% 7.40% 6.16% 6.18% Budget to Actuals - Countywide Summary All Departments 66.7% FY21 YTD February 28, 2021 (unaudited) Year Complete Fiscal Year 2020 Fiscal Year 2021 RESOURCES Budget Actuals % Budget Actuals % Projection % 001 - General Fund 35,797,833 37,514,589 105% ; 37,201,525 41,928,161 113% ; 44,721,701 120% ; 030 -Juvenile 856,930 826,150 96% 975,090 513,785 53% ; 951,140 98% ; 160/170 - TRT 7,732,000 7,616,246 99% 6,916,358 8,188,829 118% ; 9,870,600 143% ; 220 - Justice Court 578,000 561,613 97% ; 489,850 291,966 60% ; 489,587 100% ; 255 - Sheriff's Office 41,581,807 43,677,825 105%: 43,449,298 41,575,686 96% ; 44,094,262 101% ; 274 - Health Services 36,132,298 32,892,266 91% 43,131,563 30,614,954 71% ; 46,067,536 107% ; 295 - CDD 8,468,820 8,043,542 95% ; 8,251,726 5,718,286 69% ; 8,610,726 104% ; 325 - Road 22,785,827 22,495,570 99% 20,681,110 15,308,264 74% ; 22,740,474 110% ; 355 - Adult P&P 5,775,278 6,570,946 114% ; 5,995,287 4,773,182 80% ; 6,033,890 101% ; 465 - Road CIP 2,142,893 2,145,706 100%: 2,467,800 856,003 35% ; 2,498,659 101% ; 610 - Solid Waste 11,724,869 12,300,751 105% ; 12,077,592 8,469,368 70% ; 12,916,291 107% ; 615 - Fair & Expo 1,561,500 990,522 63% 1,466,050 609,489 42% 1,164,680 79% ; 616 - Annual County Fair 1,649,700 1,469,198 89% ; 52,000 84,226 162% ' 84,117 162% 617 - Fair & Expo Capital 16,000 21,189 132% ; 14,000 6,346 45% ; 10,400 74% ; Reserve 618 - RV Park 437,700 445,454 102% ; 436,050 285,303 65% 399,441 92% ; 619 - RV Park Reserve 12,550 3,801 30% ; 1,100 5,684 517% ; 9,000 818% ; 670 - Risk Management 3,495,039 3,930,523 112% ; 3,263,646 2,255,667 69% 3,340,239 102% ; 675 - Health Benefits 22,318,433 22,490,985 101% ; 21,884,538 15,007,040 69% 21,974,794 100% ; 705 - 911 10,563,350 11,280,682 107% ; 11,064,698 10,183,091 92% ; 11,386,516 103% ; 999 - Other 29,544,540 37,220,505 126% ; 34,108,295 22,067,211 65% ; 34,328,261 101% ; TOTAL RESOURCES 243,175,367 252,498,065 104% ; 253,927,576 208,742,541 82% ; 271,692,313 107% ; Fiscal Year 2020 1Fiscal Year 2021 REQUIREMENTS Budget Actuals % Budget Actuals % Projection % 001 - General Fund 18,517,987 17,416,654 94% ; 19,253,406 18,477,232 96% ; 24,847,921 129% ; 030 - Juvenile 7,127,337 6,927,385 97% ; 7,390,349 4,668,459 63% ; 6,980,207 94% ; 160/170 - TRT 2,274,140 2,260,020 99% 2,419,872 2,478,496 102% ; 3,420,197 141% ; 220 - Justice Court 678,141 667,997 99% 683,508 436,185 64% ; 674,977 99% ; 255 - Sheriff's Office 44,685,809 44,783,763 100% ; 49,864,982 31,528,273 63% 49,631,811 100%: 274 - Health Services 47,589,309 42,265,238 89% ; 52,209,174 30,897,969 59% ; 50,170,129 96% ; 295 - CDD 7,905,639 7,462,091 94% 8,474,142 5,257,299 62% 8,112,986 96% 01ES ` z� eBudget to Actuals - Countywide Summary O& All Departments FY21 YTD February 28, 2021 (unaudited) 325 - Road 355 - Adult P&P 465 - Road CIP 610 - Solid Waste 615 - Fair & Expo 616 - Annual County Fair 617 - Fair & Expo Capital Reserve 618 - RV Park 619 - RV Park Reserve 670 - Risk Management 675 - Health Benefits 705 - 911 999 - Other TOTAL REQUIREMENTS 14,573,336 6,669,491 13,835,913 8,384,039 2,464,787 1,504,700 1,362,775 540,373 100,000 4,132,295 24,115,011 13,094,764 90% ; 6,428,151 96% ; 5,824,653 42% ; 7,518,563 90% ; 2,372,624 96% ; 1,615,288 107% ; 424,931 31% 503,509 93% ; 8,335 8% ; 2,440,263 59% ; 22,953,057 95% ; o , 14,513,205 2 576 7,538,939 52% ; 7,081,268 4,183,092 59% ; 20,036,050 3,489,210 17% ; 8,853,213 4,562,135 52% ; 2,070,371 1,217,991 59% ; 127,000 104,014 82% ; 401,940 108,558 27% ; 543,902 348,601 64% ; 100,000 - 0% ; 3,794,344 1,543,115 41% ; 23,620,173 13,113,053 56% ; 839 7 152 309 57% 12,250,336 10,722,604 88/o 1 , 70,540,907 52,841,578 75% ; 58,399,018 17,619,835 30% ; 289,252,325 248,531,468 86% ; 292,412,756 154,724,767 53% ; 66.7% Year Complete 13,890,496 96% ; 6,601,600 93% ; 14,783,776 74% ; 8,683,064 98% ; 1,938,882 94% ; 158,612 125% ; 401,940 100% ; 500,976 92% ; 20,000 20% 3,404,104 90% ; 23,105,882 98% ; 12,236,084 97% ; 58,246,701 100% ; 287,810,346 98% ' �I E `� Budget to Actuals - Countywide Summary All Departments 66.7% FY21 YTD February 28, 2021 (unaudited) Year Complete Fiscal Year 2020 Fiscal Year 2021 TRANSFERS Budget Actuals % Budget Actuals % Projection % 001 - General Fund (19,023,310) (18,917,801) 99% ; (20,308,890) (13,317,029) 66% ; (20,308,890) 100% ; 030 - Juvenile 5,874,465 5,874,465 100%: 5,957,854 3,971,906 67% ; 5,957,854 100% ; 160/170 - TRT (4,433,128) (4,430,732) 100% ; (4,678,036) (2,953,947) 63% (4,882,729) 104% ; 220 - Justice Court - - 107,235 71,488 67% ; 107,235 100%: 255 - Sheriffs Office 3,119,936 3,120,245 100% ; 3,119,077 2,191,531 70% ; 3,119,077 100%: 274 - Health Services 6,102,365 6,552,032 107% ; 8,026,313 3,767,042 47% 7,224,805 90% ; 295 - CDD (1,448,081) (1,111,631) 77% ; (55,480) (208,696) 376% ; ; (344,830) 622% ; 325 - Road (11,910,575) (11,910,575) 100% ; (6,683,218) (4,051,082) 61% ; (6,683,218) 100%: 355 - Adult P&P 223,189 223,189 100% ; 187,496 125,001 67% 187,496 100%: 465 - Road CIP 12,014,914 11,431,979 95% 7,517,657 2,632,137 35% ; 7,146,576 95% ; 610 - Solid Waste (3,296,192) (3,296,192) 100% ; (3,684,280) (1,848,058) 50% ; ; (3,684,280) 100%: 615 - Fair & Expo 1,022,863 1,475,467 144% ; 494,967 495,434 100% ; 1,058,963 214% ; 616 - Annual County Fair (145,000) - 0% ; 75,000 50,250 67% ; 75,000 100%: 617 - Fair & Expo Capital (13,313) (13,313) 100%: 253,158 168,770 67% ; 389,666 164% ; Reserve ; 618 - RV Park (307,000) (307,000) 100% ; (436,628) (137,416) 31% ; (126,401) 29% ; 619 - RV Park Reserve 502,000 502,000 100% ; 621,628 310,814 50% ; 306,401 49% ; 670 - Risk Management (6,918) (6,918) 100%: (3,500) (2,330) 67% ; ; (3,500) 100%: 705 - 911 - - - - 999 - Other 11,123,785 10,814,785 97% 9,078,924 8,734,185 96% ; 10,460,885 115% ; TOTAL TRANSFERS (600,000) - 0 (410,723) 0 ; 0% �jEs ` PG C� Budget to Actuals - Countywide Summary Q All Departments 66.7% FY21 YTD February 28, 2021 (unaudited) Year Complete Fiscal Year 2020 Fiscal Year 2021 ENDING FUND BALANCE Budget Actuals % Budget Actuals Projection % 001 - General Fund 9,346,536 13,529,514 145% ; 9,739,629 23,663,413 ; 13,094,403 134% ; 030 - Juvenile 694,058 1,069,720 154% ; 616,595 886,951 998,507 162% ; 160/170 - TRT 3,324,732 3,490,749 105% ; 3,530,844 6,247,135 5,058,423 143% ; 220 - Justice Court 64,859 37,842 58% ; 57,804 (34,889) (40,313) -70% ; 255 - Sheriffs Office 14,732,933 18,832,967 128% ; 15,379,560 31,071,911 16,414,495 107% ; 274 - Health Services 4,766,157 7,817,166 164% ; 5,727,266 11,301,194 10,939,378 191% 295 - CDD 1,097,104 1,253,356 114% ; 734,798 1,505,647 1,406,266 191% ; 325 - Road 2,303,905 4,217,071 183% ; 2,180,473 7,935,315 6,383,832 293% ; 355 - Adult P&P 1,918,976 3,119,990 163% ; 1,816,329 3,835,081 2,739,775 151% ; 465 - Road CIP 15,938,430 25,512,586 160% ; 13,103,814 25,511,515 20r374,045 155% ; 610 - Solid Waste 644,638 2,285,566 355% ; 719,918 4,344,742 2,834,513 394% ; 615 - Fair & Expo 199,576 (1,199) -1% 255,550 (114,267) 283,652 111% ; 616 - Annual County Fair - (47,461) - (16,999) ; (46,956) 617 - Fair & Expo Capital 726,169 999% ; 1,008,442 792,727 724,196 72% ; Reserve E 618 - RV park 150,327 227,936 152% ; 43,512 27,222 0% 619 - RV Park Reserve 414,550 497,466 120% ; 1,012,728 813,964 792,867 78% ; 670 - Risk Management 5,455,826 8,676,750 159% ; 6,465,802 9,386,971 ; 8,609,385 133% ; 675 - Health Benefits 14,309,716 16,101,833 113% ; 13,588,094 17,995,821 14,970,745 110% ; 705 - 911 6,066,720 9,162,894 151% ; 6,829,277 12,193,676 8,313,326 122% ; 999 - Other 41,618,580 69,175,048 166% ; 50,516,183 82,361,109 56,554,283 112% ; TOTAL FUND BALANCE 239,708,238 170,404,721 128% ; ; 123,047,623 185,685,964 151% ; 133,326,618 ,31 E S ` Budget to Actuals Report CQ ' pG General Fund - Fund 001 FY21 YTD February 28, 2021 (unaudited) RESOURCES Property Taxes - Current Property Taxes - Prior Other General Revenues Assessor Clerk BOPTA District Attorney Tax Office Veterans Property Management TOTAL RESOURCES REQUIREMENTS Expenditures Assessor Clerk BOPTA District Attorney Medical Examiner Tax Office Veterans Pror rty Management Non -Departmental TOTAL REQUIREMENTS 66.7% Year Complete Fiscal Year 2020 1 Fiscal Year 2021 Budget Actuals % Budget Actuals % Projection % $ Variance 29,046,840 29,310,769 101% 30,105,307 29,825,839 99% 30,267,217 101% � 161,910 A 391,000 976,355 250% � 358,000 446,691 125% � � 447,600 125% ! 89,600! 3,020,400 3,136,644 104% 2,550,871 8,110,353 318% 8,839,537 347% 6,288,665! B 837,283 i 942,562 113% 836,713 786,951 94% _ � 836,713 100% 1,615,280 2,242,070 139% � 2,153,741 2,040,328 95% 3 � 3,153,741 146% � 1,000,000, C 12,220 13,659 112% 12,220 11,702 96% 12,220 100% i 383,806 333,772 87% � 467,138 303,799 65% � � 447,138 96% � (20,000)= D 195,390 257,219 132% 419,927 307,895 73% 419,927 100% 175,614 175,614 100% 175,608 79,466 45% 175,608 100%, E E 120,000 125,925 105% , 122,000 15,137 12% 122,000 100%, F 35,797,833 37,514,589 105% ; 37,201,525 41,928,161 113% ; ; 44,721,701 120% ; 7,520,176; Budget Actuals % Budget Actuals % 4,993,290 4,699,209 94% 5,237,507 3,271,334 62% 2,049,501 1,640,426 80% 2,051,015 1,255,631 61% = 77,950 72,369 93% t 79,945 51,860 65% < 7,873,159 7,606,702 97% 8,234,075 5,383,607 65% 235,542 197,772 84% 236,358 138,044 58% 4 � 865,307 860,973 � 99% 970,608 664,076 68% 589,551 525,956 89% 639,571 367,630 57% 306;985 301,829 98% 4 317,533 206,647 65% 1,526,702 1,511,418 99/° ° 1,486,794 7,138,403 480% 18,517,987 17,416,654 94% 19,253,406 18,477,232 96% ; Projection % $ Variance 4,908,707 94% 328,800! G 1,998,419 97% 52,59& H 79,945 100% 8,278,534 101%: (44,459)! 1 236,358 100% 973,743 100%! (3,135), J 634,880 99% 4,691 t K 324,169 102% ! (6,636),' L 7,413,166 499% ! (5,926,372)� M 24,847,921 129% ! (5,594,515); TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers In 260,000 260,000 100% 260,000 173,330 67% 260,000 100% N Transfers Out (19,283,310) (19,177,801) 99% (20,568,890) (13,490,359) 66% z (20,568,890) 100% TOTAL TRANSFERS ; (19,023,310) (18,917,801) 99% ; (20,308,890) (13,317,029) 66% ; (20,308,890) 100% ; FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 11,090,000 12,349,379 111% 12,100,400 13,529,514 112% 13,529,514 112% 1,429,114: Resources over Requirements 17,279,846 20,097,935 � 17,948,119 23,450,928 19,873,780 1,925,661 k Net Transfers - In (Out) k (19,023,310) (18,917,801) i (20,308,890) (13,317,029) E (20,308,890) E _ i TOTAL FUND BALANCE $ 9,346,536 $ 13,529,514 145% ; $ 9,739,629 $ 23,663,413 243% ; $ 13,094,403 134% ; $3,354,774: Footnotes on following page A Current year taxes received primarily in November, February and May; actual 20-21 TAV is 5,40% compared to FY19-20 vs. 5.00% budgeted B PINT payment of $500,000 received in July 2020; interest projection based on current investment rate and anticipated cash balances; includes CARES Fund reimbursements C Projection based on YTD collections of Recording Fees D A vacancy in a grant funded position will reduce State Grant funds by $20K; Federal Grants cannot be drawn down until agency completes financial system upgrade which is estimated to be the end of November. E Oregon Dept. of Veteran's Affairs grant reimbursed quarterly F Interfund land -sale management revenue recorded at year-end G Projected Personnel savings based on FY21 average vacancy rate of 5.7% H Projected Personnel savings based on FY21 average vacancy rate of 7.9% 1 Projected Personnel overage based on FY21 spending to date j Projected Personnel overage based on FY21 spending to date K Projected Personnel savings based on FY21 savings to date L Projected Personnel overage based on FY21 spending to date M Budget adjustment for COVID-19 related contracts will be presented to the Board in Q1 of 2021 N Repayment to General Fund from Finance Reserves for ERP Implementation �1 E S� Budget to Actuals Report 0� OG Juvenile - Fund 030 FY21 YTD February 28, 2021 (unaudited) RESOURCES OYA Basic & Diversion ODE Juvenile Crime Prev Inmate/Prisoner Housing Gen Fund -Crime Prevention Leases DOC Unif Crime Fee/HB2712 OJD Court Fac/Sec SB 1065 Interest on Investments Food Subsidy Contract Payments Miscellaneous Case Supervision Fee TOTAL RESOURCES REQUIREMENTS Personnel Services Materials and Services Capital Outlay TOTAL REQUIREMENTS 66.7% Year Complete Fiscal Year 2020 1 Fiscal Year 2021 Budget Actuals % Budget Actuals % Projection % $ Variance 442,601 387,814 88% 472,401 206,930 44% 472,401 100% A 91,379 82,125 90% 109,000 44,841 41% � � 109,000 100%, -� A 80,000 96,600 121% 90,000 41,250 46% � � 65,000 72% ! (25,000)! B i 20,000 i 20,000 100%! 89,500 89,500 100%! � 89,500 100%! -� C 86,400 97,061 112% 88,000 52,514 60% � � 88,000 100% i 35,000 49,339 141% 49,339 24,670 50% � � 49,339 100% i 26,000 20,404 78% 26,000 8,437 32% 15,000 58% (11,000), 31,000 26,491 85% 17,300 10,528 61% � � 17,400 101% ! 100! D 16,000 13,448 84% 12,000 5,673 47% 10,000 83% (2,000)! 8,000 5,459 68% 8,000 1,076 13% 2,000 25% t (6,000)� E 14,050 22,672 161% 7,550 26,290 348% � � 4 30,000 397% � 22,450< F i 6,500 4,736 73% 6,000 2,077 35% � 3,500 58% � (2,500)! E 856,930 826,150 96% 975,090 513,785 53% ; 951,140 98% (23,950); Budget Actuals % Budget Actuals % Projection % $ Variance 5,797,927 5,650,045 97% 5,970,797 3,837,519 64% 5,737,768 96% 233,029 G 1,329,410 1,277,340 96% 1,387,552 801,053 58% _ 1,212,552 87% 175,000 H 32,000 29,887 93% 29,887 93% 2,113 7,127,337 6,927,385 97% ; 7,390,349 4,668,459 63% 6,980,207 94% ; 410,142: TRANSFERS Budget Actuals % Budget Actuals % Transfers In- General Funds 5,961,465 5,961,465 100% 6,034,966 4,023,314 67% Transfers Out-Veh Reserve (87,000) (87,000) 100% (77,112) (51,408) 67% TOTAL TRANSFERS 5,874,465 5,874,465 100% ; 5,957,854 3,971,906 67% Projection % $ Variance 6,034,966 100% (77,112) 100% 5,957,854 100% ; FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 1,090,000 1,296,490 119% 1,074,000 1,069,720 100% 3 1,069,720 100%: (4,280): Resources over Requirements ! (6,270,407) (6,101,235) (6,415,259) (4,154,674) (6,029,067) 386,192, Net Transfers - In (Out) i 5,874,465 5,874,465 t 5,957,854 3,971,906 { i 5,957,854 TOTAL FUND BALANCE $ 694,058 $ 1,069,720 154% ; $ 616,595 $ 886,951 144% ; $ 998,507 162% ; $381,91T A Quarterly reimbursement based on actual expenses. Q1 payment has been submitted and approved by the State B Adjusted projection based on YTD revenue. COVID-19 is impacting other Counties use of detention. C On -time annual transfer received D Interest projection based on current investment rate and anticipated cash balances E Adjusted projection based on YTD revenue. Receiving less than budgeted due to COVID-19 impacts F Includes CARES Fund and State COVID related reimbursements G Projected Personnel savings based on FY21 average vacancy rate of 4.2% H Adjusted projection based on YTD expenses. COVID-19 has reduced M&S spending. o 01Es ` Budget to Actuals Report TRT -Fund 160/170 FY21 YTD February 28, 2021 (unaudited) 66.7% Year Complete Fiscal Year 2020 1 Fiscal Year 2021 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance Room Taxes 7,670,000 7,527,492 98% 6,862,458 8,044,371 117% 9,700,000 141% 2,837,542, A Interest 62,000 88,754 143% , 53,900 44,458 82% 70,600 131% 16,700 B ' State Miscellaneous - - 100,000 100,000 100,000, C TOTAL RESOURCES 7,732,000 7,616,246 99% 6,916,358 8,188,829 118% ; 9,870,600 143% ; 2,954,242: REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance COVA 2,064,221 2,050,618 99% 1,838,805 2,017,708 110% 2,839,130 154% , (1,000,325), D Grants & Contributions 62,000 62,000 100% 404,000 359,328 89% 404,000 100% E Interfund Contract 79,160 � 79,160 100% 114,481 76,321 67% 114,481 100%! � E Interfund Charges � 37,309 37,309 100% � 35,861 23,907 67% 35,861 100% Software 10,350 - 0% 11,500 0% 11,500 100%, Auditing Services � 14,500 19,200 132% � 11,500 0% 11,500 100% , E 1 Public Notices 1,600 1,694 106% 1,600 1,232 77% 1,600 100% Office Supplies 3,000 741 25% 1,275 1 0% 1,275 100% 1 Printing 2,000 642 32% 850 - 0% � 4 850 100%! - Refunds & Adjustments - 8,657 999% TOTAL REQUIREMENTS ; 2,274,140 2,260,020 99% 2,419,872 2,478,496 102% ; 3,420,197 141% ; (1,000,325); TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfer Out - RV Park (35,000) (35,000) 100% ; (20,000) (13,398) 67% ! (20,000) 100%, 1 1. rand Annual Fair „a„„er Out - „nnua r nn) 250,__0, (250,0001 100% _ (75,000) (50,250) 67% � (75,000) 100% -' Transfer Out - F&E Reserve (286,687) 1 (286,687) 100% _ (253,158) (168,770) 67% (389,566) 154% (136,408): F Transfer Out - F&E (as needed) (325,744) (323,348) 99% (275,744) (17,164) 6% (25,744) 9% 250,000- G ' � Transfer Out -Health - E - ' (406,646) (271,096) 67% (406,646) 100%, H Transfer Out - F&E (383,910) (383,910) 100% (495,701) (332,118) 67% (813,986) 164% ! (318,285)! ' Transfer Out -Sheriff � (3,151,787) (3,151,787) 100% (3,151,787) (2,101,151) ° 67% � � ,151,787 ( 3) 100% TOTAL TRANSFERS (4,433,128) (4,430,732) 100% ; (4,678,036) (2,953,947) 63% ; (4,882,729) 104% ; (204,693); FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 2,300,000 2,565,255 112% i 3,712,394 3,490,749 94% ! 3,490,749 94% (221,645): Resources over Requirements ! 5,457,860 5,356,226 4,496,486 5,710,332 6,450,403 1,953,917; Net Transfers - In (Out) (4,433,128) (4,430,732) 1 (4,678,036) (2,953,947) E (4,882,729) (204,693); , TOTAL FUND BALANCE $ 3,324,732 $ 3,490,749 105% ; $ 3,530,844 $ 6,247,135 177% ; ; $ 5,058,423 143% ; $1,527,579: A YTD 02.28.21 ahead of PY by 19%. Projection assumes a 1% increase over PY for the remainder of the year. B Interest projection based on current investment rate and anticipated cash balances C Includes CARES Fund reimbursements D Payments to COVA based on a percent of TRT collections E Contracted services with the Finance Department for operating TRT program F The balance of the 1 % F&E TRT is transferred to F&E reserves G $250K of budgeted transfers are to be transferred from unallocated TRT on an as needed basis H Transfer to Health Services is to fund COVID re -opening positions ,)IEs `oGz< Budget to Actuals Report Justice Court - Fund 220 FY21 YTD February 28, 2021 (unaudited) 66.7% Year Complete Fiscal Year 2020 1 Fiscal Year 2021 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance Court Fines & Fees 575,000 556,877 97% 488,750 291,183 60% 488,750 100% A Interest on Investments 3,000 1,706 57% 1,100 47 4% 100 9% (1,000)! B Miscellaneous ' - 3,030 - 736 737 737 TOTAL RESOURCES 578,000 561,613 97% 489,850 291,966 60% 489,587 100% ; (263); REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Personnel Services 516,868 522,054 101% 531,006 345,932 65% 522,475 98% 8,531: C Materials and Services 161,273 145,944 90% t 152,502 90,254 59% 152,502 100%! D TOTAL REQUIREMENTS 678,141 667,997 99% 683,508 436,185 64% 674,977 99% 8,531; TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers In- General Fund 107,235 71,488 67% 107,235 100% E TOTAL TRANSFERS 107,235 71,488 67% 107,235 100% ; FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 165,000 144,227 87% 144,227 37,842 26% 3 37,842 26% f (106,385): Resources over Requirements t (100,141) (106,384) (193,658) (144,219) $ (185,390) f 8,268; Net Transfers - In (Out) E p 107,235 71,488 ! t 107,235 I E TOTAL FUND BALANCE $ 64,859 $ 37,842 58% ; $ 57,804 ($ 34,889) -60% ; ($ 40,313) -70% ; ($98,117); A The FY21 budget reflects lower revenue compared to FY20 because of HB4210. Revenue may be reduced further, but the impact won't be known until late 2020. B Interest projection based on current investment rate and anticipated cash balances C Projected Personnel savings based on FY21 savings to date D One time yearly software maintenance fee of $9,169 paid in July for entire fiscal year E Additional transfers may be needed because of lower Court Fines and Fees revenue ,31 E S ` Budget to Actuals Report Sheriff's Office - Fund 255 FY21 YTD February 28, 2021 (unaudited) RESOURCES LED #1 Property Tax Current LED #2 Property Tax Current Sheriffs Office Revenues LED #1 Property Tax Prior LED #2 Property Tax Prior LED #2 Interest LED #1 Interest LED #2 Foreclosed Properties LED #1 Foreclosed Properties TOTALRESOURCES REQUIREMENTS Sheriff's Services Civil/Special Units Automotive/Communications Detective Patrol Records Adult Jail Court Security Emergency Services Special Services Training Crisis Stabilization Center Other Law Enforcement Non - Departmental TOTAL REQUIREMENTS 66.7% Year Complete Fiscal Year 2020 1 Fiscal Year 2021 Budget Actuals % Budget Actuals % Projection % $ Variance 26,293,470 i 26,496,529 101% 27,476,763 26,957,807 98% 27,761,421 101%, 284,65& A 10,632,014 i 10,696,589 101% � 11,092,307 10,883,865 98% � � 11,208,313 101% 116,006 B 3,922,323 i 4,914,406 125% � 4,259,128 3,028,108 71% � � 4,270,428 100%! 11,300! C 312,000 761,642 244% , 280,000 374,727 134% < 428,000 153% � 148,000! 148,000 331,165 224% 120,000 154,908 129% ; 183,000 153% 63,000 136,000 160,208 118% 120,000 55,304 46% ! 79,500 66% (40,500)! C 138,000 287,276 208% 101,100 120,968 120% , 163,600 162% , 62,500, C - 8,631 21,380 41,581,807 43,677,825 105% ; 43,449,298 41,575,686 96% 44,094,262 101% ; 644,964: Budget Actuals % Budget Actuals % 3,105,057 3,092,171 100% 3,864,843 2,476,359 64% i 1,232,158 1,171,260 95% 1,232,618 731,194 59% 2,858,337 2,915,540 102% 3,312,477 1,656,040 50% i 2,303,072 2,217,577 96% � 2,515,536 1,595,527 63% � 10,592,002 11,446,211 108% 12,336,227 8,533,501 69% i 1,004,600 833,934 83% � 1,038,130 589,044 57% 18,379,998 17,929,047 98% � 19,897,342 12,212,825 61% � 556,740 458,541 82% 490,401 308,839 63% 402,734 603,381 150% ° � 543,565 644,765 119% � 1.601.871 1,747,792 109% 2,052,586 1,191,806 58% f 743,334 916,411 123% 1,156,993 679,364 59% 571,267 84,267 15% - - 1,330,214 1,261,716 95% 1,328,675 907,951 68% 4,425 105,917 999% 95,589 1,059 1% 44,685,809 44,783,763 100% ; 49,864,982 31,528,273 63% ; TRANSFERS Budget Actuals % Budget Actuals % Transfer In - TRT 3,151,787 3,151,787 100% 3,151,787 2,101,151 67% Transfer In - General Fund 240,249 240,249 100% 240,290 160,194 67% Transfers Out - Debt Service (272,100) (271,791) 100% (273,000) (69,814) 26% TOTAL TRANSFERS 3,119,936 3,120,245 100% ; 3,119,077 2,191,531 70% ; FUND BALANCE Budget Actuals % Budget Actuals % Beginning Fund Balance 14,716,999 16,818,660 114% 18,676,167 18,832,967 101% < Resources over Requirements i (3,104,002) (1,105,938) (6,415,684) 10,047,413 Net Transfers - In (Out) 3,119,936 G 3,120,245 3,119,077 R 2,191,531 � TOTAL FUND BALANCE $ 14,732,933 $ 18,832,967 128% ; $ 15,379,560 $ 31,071,911 202% ; Projection % $ Variance 3,818,179 99% 46,664: 1,127,261 91% 105,357! 3,135,928 95% 176,549! 2,532,610 101%! (17,074)! 13,225,774 107% ! (889,547)! D 991,877 96% 46,253! 19,043,573 96% 853,769! E 463,203 94% 27,198! 846,416 156% ! (302,851)! F 1,841,304 90% 211,282! 1,155,797 100% 1,19& 1,354,300 102% ! (25,625)! 95,589 100%! G 49,631,811 100% ; 233,171: Projection % $ Variance 3,151,787 100% 240,290 100% (273,000) 100% t 3,119,077 100% Projection % $ Variance 18,832,967 101% 156,800; � (5,537,549) 878,13& r F E 3,119,077 $ 16,414,495 107% ; $1,034,935: A Current year taxes received primarily in November, February and May; actual 20-21 TAV is 5.40% compared to FY19-20 vs. 5,00% budgeted B Current year taxes received primarily in November, February and May; actual 20-21 TAV is 5.31 % compared to FY19-20 vs. 5.00% budgeted C Interest projection based on current investment rate and anticipated cash balances D Patrol projected to be over budget due to overtime related to fires, delays in Academy due to COVID-19, and special projects E Adult Jail and Court Security savings related to reduced inmate population due to COVID-19 F Emergency Services projected to be over budget due to direct COVID-19 costs G Budgeted funds includes transfers from Funds 701 and 702 01 ES � ` Budget to Actuals Report Health Services - Fund 274 FY21 YTD February 28, 2021 (unaudited) 66.7% Year Complete Fiscal Year 2020 Fiscal Year 2021 RESOURCES Budget Actuals % Budget Actuals % Projection % $Variance State Grant 14,080,644 11,212,405 80% 14,354,315 9,439,289 66% 16,359,923 114% : ! 2,005,607; OHP Capitation 7,242,430 i 8,094,701 112% 8,279,406 6,600,865 80% 8,402,211 101% t 122,805; Federal Grants 3,277,616 2,798,690 85% 4,833,096 1,589,425 33% 4,278,532 89% (554,564)1 Local Grants 1,567,331 1,133,942 72% 4,190,263 3,962,398 95% � 4,311,281 103% ! 121,018, OHP Fee for Service - 3,265,627 2,571,007 79% � f 3,856,510 118% � � 590,883! State Miscellaneous i 1,040,153 1,387,132 133% 3,026,014 2,128,792 70% � 3,164,448 105% 138,434! State - OMAP � 991,900 879,037 89% 1,162,507 728,397 63% � � �4 1,016,419 87% � (146,088)! Environmental Health Fees 1,058,206 1,104,825 104% 1,091,652 947,974 87% 1,081,920 99% (9,732) Other 484,712 476,047 98% 965,971 857,139 89% 1,120,785 116% ! 154,814! Patient Fees ` 564,750 600,412 106% 672,995 298,839 44% 447,541 66% (225,454)! Title 19 4 4,862,726 4,071,759 84% ' 350,491 678,180 193% < 1,017,270 290% 666,7791 Vital Records 4 220,000 259,029 118% 237,296 194,294 82% 281,054 118% 43,758s Divorce Filing Fees 173,030 173,030 100%; 173,030 173,030 100% 173,030 100%' State Shared- Family Planning ` 120,000 191,912 160% 155,000 107,380 69% 1 155,000 100% ! Interest on Investments � 171,000 233,116 136% ! 147,400 116,742 79% 175,113 119% 27,713! Interfund Contract- Gen Fund 127,000 , 127,000 100% 127,000 127,000 100%! 127,000 100%! E Liquor Revenue 150,800 162,122 108% = 99,500 94,205 95% 99,500 100% CCBHC Grant - (12,894) 999% TOTAL RESOURCES 36,132,298 32,892,266 91% 43,131,563 30,614,954 71% ; 46,067,536 107% ; 2,935,973: REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Personnel cervices 33,186,830 32,041,791 97% 37,928,893 23,531,624 62% 36,771,352 97% 1,157,542: Materials and Services 13,707,479 10,223,447 75% ! 14,180,624 7,353,524 52% 13,327,967 94% 852,656 Capital Outlay 695,000 - 0% 99,667 12,820 13% i 70,820 71% 28,84T Administration Allocation (10) - 0% (10) 100% TOTAL REQUIREMENTS ; 47,589,309 42,265,238 89% 52,209,174 30,897,969 59% ; 50,170,129 96% ; 2,039,045: TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers In- General Fund 5,747,090 5,747,090 100% t 5,472,710 3,651,218 67% 5,472,710 100% Transfers In- OHP Mental Health 548,601 998,268 182% 2,379,865 0% 1,578,357 66% { (801,508-1 Transfers In - TRT - - 406,646 271,096 67% 406,646 100% Transfers Out (193,326) (193,326) 100% (232,908) (155,272) 67% (232,908) 100% ; TOTAL TRANSFERS 6,102,365 6,552,032 107% ; 8,026,313 3,767,042 47% 7,224,805 90% (801,508); FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 10,120,803 10,638,105 105% 6,778,564 7,817,166 115% 7,817,166 115% 1,038,602 Resources over Requirements (11,457,011) (9,372,971) i (9,077,611) (283,014) a 4 (4,102,593) 4 4,975,018 l ' Net Transfers - In (Out) 6,102,365 6,552,032 E 8,026,313 ` 3,767,042 E 7,224,805 ` (801,508); 4 TOTAL FUND BALANCE $ 4,766,157 $ 7,817,166 164% ; $ 5,727,266 $ 11,301,194 197% ; $ 10,939,378 191% ; $5,212,112: �I ES Budget to Actuals Report o Health Services - Admin - Fund 274 FY21 YTD February 28, 2021 (unaudited) RESOURCES Federal Grants Interest on Investments Other State Miscellaneous CCBHC Grant TOTAL RESOURCES 66.7% Year Complete Fiscal Year 2020 1 Fiscal Year 2021 Budget Actuals % Budget Actuals % Projection % $ Variance 726,655 565,906 78% 1,237,245 341,352 28% 1,094,152 88% : (143,092), A ' 171,000 233,116 136% � 147,400 116,742 79% � 175,113 119% ! 27,713! B , 9,000 8,718 97% 14,391 6,521 45% � 9,782 68% � (4,609)! ' - 171,881 � - 151,727 203,932 203,93Z C , 44% ; 1,482,979 106% ; 83,943: 906,655 979,620 108% ; 1,399,036 616,343 REQUIREMENTS Budget Actuals % Budget Actuals % Personnel Services 5,241,264 4,870,386 93% 5,914,730 3,372,577 57% _ Materials and Services 4,971,179 4,690,935 94% 4,983,763 3,423,194 69% _ Capital Outlay 5,000 - 0% Administration Allocation (9,308,295) (9,306,000) 100% (9,638,153) (5,066,964) 53% TOTAL REQUIREMENTS ; 909,148 255,321 28% ; 1,260,340 1,728,807 137% ; TRANSFERS Transfers In- General Fund Transfers Out TOTAL TRANSFERS FUND BALANCE Projection % $ Variance 5,496,448 93% 418,282: D 5,158,860 104% i (175,096), E (9,638,153) 100% i 1,017,155 81% ; 243,185: Budget Actuals % Budget Actuals % Projection % $ Variance i 40,000 39,997 100% (193,326) (193,326) 100% (232,908) (155,272) 679/. (232,908) 100% (153,326) (153,329) 100% ; (232,908) (155,272) 67% ; (232,908) 100% ; Budget Actuals % Budget Actuals % Beginning Fund Balance 2,660,832 2,748,263 103% E 2,772,840 3,322,793 120% F i Resources over Requirements (2,493) 724,299 138,695 (1,112,464) Net Transfers - In (Out) t (153,326) (153,329) , (232,908) (155,272) $ TOTAL FUND BALANCE $ 2,505,013 $ 3,319,234 133% ; $ 2,678,627 $ 2,055,057 77% ; A Federal grants are reimbursed on a quarterly basis B Interest projection based on current investment rate and anticipated cash balances C Includes CARES Fund reimbursements Projection % $ Variance 3,322,793 120% 549,953: i 465,824 327,12E (232,908) $ 3,555,710 133% ; $877,082: D Projected Personnel savings based on YTD Personnel expenditures E Increased expenditure is related to COVID-19 expenses, including contracts for community testing that are reimbursable through CARES and FEMA expenses known to date A I E " S`�°�� Budget to Actuals Report Health Services - Behavioral Health - Fund 274 66.7% FY21 YTD February 28, 2021 (unaudited) Year Complete Fiscal Year 2020 1 Fiscal Year 2021 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance State Grant 11,203,914 8,259,750 74% 10,348,047 6,678,677 65% 11,344,733 110% 996,686; A OHP Capitation 7,242,430 8,094,701 112% 8,279,406 6,600,865 80% 8,402,211 101% 122,805 B Federal Grants 2,168,961 1,823,950 84% 3,298,243 1,112,737 34% _ 2,877,224 am (421,019)! OHP Fee for Service - - ' 3,265,627 2,571,007 79% 3,856,510 118% 590,883! C Local Grants i 994,331 487,025 49% 1,897,762 1,942,512 102% ! 2,174,995 115% 277,233! State Miscellaneous 437,100 326,534 75% � 1,468,455 726,938 50% � � 1,339,842 91% _ (128,613)! D Other 395,352 360,920 91% � 927,605 837,755 90% � � 1,093,002 118% � 165,397! E Patient Fees � 443,450 465,851 105/° ° 522,300 234,533 45% 351,373 67% (170,927)! F Title 19 4,862,726 4,071,759 84% 350,491 678,180 193% 1,017,270 290% 666,779 G State - OMAP 131,900 174,354 132% 210,287 115,114 55% 172,670 82% (37,617)! Divorce Filing Fees 173,030 173,030 100%, 173,030 173,030 100%, 173,030 100% Interfund Contract- Gen Fund 127,000 127,000 100% � 127,000 127,000 100% � � 127,000 100%, - i Liquor Revenue 150,800 162,122 108% 99,500 94,205 95% 99,500 100% CCBHC Grant - (12,894) 999% - - TOTAL RESOURCES 28,330,994 24,514,102 87% ; 30,967,753 21,892,553 71% 33,029,361 107% ; 2,061,608: REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Administration Allocation 6,978,412 6,963,580 100%: 7,427,338 3,962,412 53% 7,427,338 100%, Personnel Services 20,174,804 19,576,382 97% 23,360,066 14,688,503 63% f 22,893,017 98% 467,049, H Materials and Services 6,889,404 3,802,898 55% 5,656,017 2,155,195 38% 4,811,937 85% 844,080: Capital Outlay 690,000 i 0% 99,667 - 0% 58,000 58% 41,66T TOTAL REQUIREMENITS 34 732,620 30,342,859 87% ' 36,543,088 20r8O6,110 57% 35:190,293 96% `. 1,352,795: TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers In- OHP Mental Health 548,601 998,268 182% 2,298,179 - 0% 1,496,671 65% (801,508), I Transfers In- General Fund 1,734,107 1,734,100 100% 2,036,117 1,357,398 67% 2,036,117 100% Transfers Out - - 0% - 0% ` TOTAL TRANSFERS 2,282,708 2,732,368 120% ; 4,334,296 1,357,398 31% ; 3,532,788 82% ; (801,508); FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 6,122,347 6,673,256 109% 3,008,705 3,397,853 113% 3,397,853 113% 389,148; s Resources over Requirements (6,401,626) (5,828,757) (5,575,335) 1,086,443 (2,160,932) 3,414,403, i Net Transfers - In (Out) 2,282,708 2,732,368 4,334,296 1,357,398 3,532,788 (801,508)� k TOTAL FUND BALANCE 1 $ 2,003,429 $ 3,576,867 179% ; $ 1,767,666 $ 5,841,694 330% ; ; $ 4,769,710 270% ; $3,002,044: A Includes $530K in carryforward State funds from FY20 for expenditure in second year of the biennium, as well as $282K in new State grant funding for culturally -relevant behavioral health services needed for COVID-19, and $325K from the Oregon Criminal Justice Commission grant above budget because of installment payments that will be carried forward into FY22. Reduction of $GOOK in December as part of participation in CCBHC continuation. OHP Reserves will offset loss of funds. B Includes FY20 withhold payment of $93K C Oregon Health Authority reports OHP membership increase for Deschutes County, which may result in additional services. Projections also include revenue from underpaid services in FY20 from PacificSource that are being corrected in FY21. D Projected reduction in local match for I/DD program due to vacancies. Includes CARES Fund reimbursements. E Decrease of $234,000 from budgeted interfund payment, which was related to a contract that will be paid directly by PacificSource in FY21 instead of by DCHS. Also includes receipt of monies distributed to COHC from PacificSource as a function of the 2019 Joint Management Agreement, and distributed as part of community shared savings (DCHS 6.2%). F Fewer fees collected from insurance than budgeted, likely due to a decrease in patient private insurance plans and an increase in Oregon Health Plan (OHP) membership. G CCBHC enhanced rate for Title 19 approved through September 2023 H Projected Personnel savings based on YTD Personnel expenditures I Actual amount required for transfer -in will be determined at end of year. Current projection includes transfer to offset loss of funds as noted in Footnote A 01ES ` Budget to Actuals Report Health Services - Public Health - Fund 274 FY21 YTD February 28, 2021 (unaudited) RESOURCES State Grant Local Grants State Miscellaneous Environmental Health Fees State - OMAP Federal Grants Vital Records State Shared- Family Planning Patient Fees Other TOTALRESOURCES 66.7% Year Complete Fiscal Year 2020 1 Fiscal Year 2021 Budget Actuals % Budget Actuals % Projection % $ Variance 2,876,730 2,952,656 103% , 4,006,268 2,760,613 69% 5,015,189 125% 1,008,921: A 573,000 646,917 113% 2,292,501 2,019,886 88% � � 2,136,286 93% � ' (156,215)! i 603,053 888,717 147% 1,557,559 1,250,127 80% � � 1,620,674 104% 63,1151 B i 1,058,206 1,104,825 104% = 1,091,652 947,974 87% � � 1,081,920 99% � (9,732)! 860,000 704,683 82% 952,220 613,283 64% � � 843,748 89% � (108,472)! 382,000 408,834 107% = 297,609 135,336 45% � � 307,156 103% ! 9,547! i = 220,000 259,029 118% = 237,296 194,294 82% � � 281,054 118% ! 43,758! E 120,000 191,912 160% 155,000 107,380 69% � � 155,000 100% 121,300 134,562 111% 150,695 64,306 43% � � 96,168 64% � (54,527)E E E 80,360 106,409 132% 23,975 12,862 54% 18,001 75% (5,974)� 6,894,649 7,398,544 107% ; 10,764,775 8,106,059 75% 11,555,196 107% ; 790,421: REQUIREMENTS Budget Actuals % Budget Actuals % Administration Allocation 2,329,883 2,342,420 101% E 2,210,805 1,104,552 50% _ Personnel Services E 7,770,762 7,595,023 98% E 8,654,097 5,470,545 63% E Materials and Services E 1,846,896 1,729,614 94% 3,540,844 1,775,135 50% Capital Outlay - - " 12,820 999% TOTAL REQUIREMENTS ; 11,947,541 11,667,057 98% ; 14,405,746 8,363,052 58% ; TRANSFERS Budget Actuals % Budget Actuals % Transfers In- General Fund 3,972,983 3;972;993 100% 3.436.593 2,293,820 67% Transfers In - TRT E 406,646 271,096 67% � E Transfers In- OHP Mental Health 81,686 - 0% TOTAL TRANSFERS 3,972,983 3,972,993 100% ; 3,924,925 2,564,916 65% ; Projection % $ Variance 2,210,805 100% 8,381,886 97% 272,211, C 3,357,171 95% 183,671 12,820 999% E (12,820)� ,i 13,962,682 97% ; 443,064: Projection % $ Variance 3,436,593 100% 406,646 100% 81,686 100%! 3,924,925 100% ; FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 1,337,624 1,216,586 91% 997,019 1,096,520 110% 1,096,520 110% ! 99,501 Resources over Requirements (5,052,892) (4,268,513) (3,640,971) (256,993) (2,407,486) 1,233,485! E Net Transfers - In (Out) E 3,972,983 3,972,993 E 3,924,925 2,564,916 p t 3,924,925 t 4 TOTAL FUND BALANCE $ 257,715 $ 921,065 357% ; $ 1,280,973 $ 3,404,443 266% ; $ 2,613,959 204% ; $1,332,986: A Includes $261,000 in unspent state funds from FY20 for expenditure in second year of the biennium. Additional 3-month funding from OHA anticipated to support contract tracing, investigations and vaccine distribution. B Includes projected CARES Fund reimbursements C Projected Personnel Services based on YTD Personnel expenditures vTES < Budget to Actuals Report { Community Development - Fund 295 FY21 YTD February 28, 2021 (unaudited) RESOURCES Admin - Operations Code Enforcement Building Safety Electrical Environmental On -Site Current Planning Long Range Planning TOTALRESOURCES 66.7% Year Complete Fiscal Year 2020 1 Fiscal Year 2021 Budget Actuals % Budget Actuals % Projection % $ Variance 162,000 156,476 97% 137,450 87,283 64% 132,250 96% (5,200): A 693,960 664,545 96% 722,028 480,882 67% € 725,028 100% 3,000! B 3,433,780 i 3,179,771 93% 3,362,450 2,301,807 68% 3,456,450 103% , 94,000, B 809,500 797,458 99% � 720,600 558,363 77% 861,400 120% � 140,800 B 877,400 i 905,165 103% : 867,700 637,961 74% � � 946,100 109% 78,400 B 1,807,176 1,696,355 94% � 1,738,304 1,175,107 68% ; � 1,767,304 102% � 29,000, B 685,004 643,772 94% 703,194 476,885 68% 722,194 103% ! 19,000! B 8,468,820 8,043,542 95% ; 8,251,726 5,718,286 69% ; 8,610,726 104% ; 359,000: REQUIREMENTS Budget Actuals % Budget Actuals % Admin - Operations 2,492,316 2,527,439 101% 2,818,748 1,812,149 64% Code Enforcement 535,590 458,293 86% 568,320 347,277 61% 4 Building Safety 1,743,298 1,584,784 91% 1,867,662 1,146,992 61% Electrical 462,183 452,842 98% f 524,979 323,879 62% Environmental On -Site 616,279 566,975 92% 634,452 416,287 66% Current Planning 1,501,588 1,415,434 94% 1,479,294 951,376 64% Long Range Planning 554,385 456,323 82% 580,687 259,338 45% TOTAL REQUIREMENTS 7,905,639 7,462,091 94% 8,474,142 5,257,299 62% TRANSFERS Budget Actuals % Budget Actuals % Transfers In - General Fund 100,000 100,000 100% 100,000 116,665 117% Transfers In - CDD Electrical 93,264 0% Reserve Transfers Out (85,695) (85,695) 100% (100,518) (66,995) 67% Transfers Out - CDD Reserve (1,462,386) (1,125,936) 77% (148,226) (258,367) 174% TOTAL TRANSFERS (1,448,081) (1,111,631) 77% (55,480) (208,696) 376% ; Projection % $ Variance 2,772,668 98% 46,080, C 531,067 93% } 37,253; C 1,786,093 96% 81,569� C 501,779 96% 23,200! C 632,827 100%! 1,625! 1,442,746 98% 36,548! C 445,806 77% 134,881, C 8,112,986 96% 361,156: Projection % $ Variance 175,000 175% 75,00& D 0% (93,264)� E (100,518) 100% (419,312) 283% _ (271,086)! F (344,830) 622% ; (289,350); FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 1,982,004 1,783,536 90% 1,012,694 1,253,356 124% _ Resources over Requirements ! 563,181 581,451 (222,416) 460,987 Net Transfers - In (Out) � (1,448,081) (1,111,631) x (55,480) (208,696) E TOTAL FUND BALANCE $1,097,104 $ 1,253,356 114% ; $ 734,798 $ 1,505,647 205% ; 1,253,356 124% 240,662: 497,740 k 720,156 (344,830) E (289,350)�f $ 1,406,266 191% ; $671,468: A Interest projection based on current investment rate and anticipated cash balances B Revenue collection is higher than anticipated C Projection reflects unfilled FTE D Transfer appropriated in the General Fund is $175K E Transfer no longer needed as revenues higher than anticipated F Transfer out projection increased as Building Safety and Electrical revenues are anticipated to be higher than budget 01ES ` �{ Budget to Actuals Report Road - Fund 325 FY21 YTD February 28, 2021 (unaudited) 66.7% Year Complete Fiscal Year 2020 1 Fiscal Year 2021 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance Motor Vehicle Revenue 17,609,539 16,795,577 95% 14,810,507 11,235,024 76% 16,497,235 111% 11686,72& A Federal - PILT Payment 1,510,450 2,310,002 153% 1,690,574 2,061,977 122% ! 2,061,977 122% 371,403; B Federal Reimbursements 181,757 372,623 205% 1,325,874 1,093,866 83% 1,102,975 83% (222,899), C Other Inter -fund Services 1,156,581 1,070,000 i 93% 1,114,070 348,021 31% 1,128,970 101% 14,900! D Forest Receipts 915,000 709,742 78% 723,085 - 0% 3 723,085 100% � Sale of Equip & Material 358,000 465,999 130% 396,000 290,724 73% f 433,410 109% ! 37,410. E Cities-Bend/Red/Sis/La Pine 660,000 421,344 64% 385,000 107,720 28% 563,967 146% , 178,967; F Interest on Investments 246,000 174,141 71% 114,000 45,365 40% 70,500 62% (43,500), G Mineral Lease Royalties 60,000 54,184 i 90% 60,000 49,378 82% 60,000 100% Miscellaneous i 57,500 76,388 133% , 54,000 54,896 102% 68,140 126% ! 14,140! H Assessment Payments (P&1) 11,000 19,766 180% 8,000 15,079 188% < < 24,000 300% 16,000, H State Miscellaneous 20,000 25,805 129% - 6,215 6,215 6,215,1 TOTAL RESOURCES 22,785,827 22,495,570 99% 20,681,110 15,308,264 74% ; 22,740,474 110% ; 2,059,364: REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Personnel Services 6,447,671 6,284,546 97% 6,709,180 4,271,491 64% 6,416,773 96% 292,407: J Materials and Services 81092,165 6,782,513 84% 7,753,525 3,261,442 42% 7,453,717 96% ? 299,808, K Capital Outlay 33,500 27,706 83% 50,500 6,006 12% 20,006 40% 30,494! L TOTAL REQUIREMENTS ; 14,573,336 13,094,764 90% ; 14,513,205 7,538,939 52% 13,890,496 96% ; 622,709: TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers Out (11,910,575) (11,910,575) 100%: (6,683,218) (4,051,082) 61% (6,683,218) 100% s J TOTAL TRANSFERS ; (11,910,575) (11,910,575) 100%: (6,683,218) (4,051,082) 61% ; (6,683,218) 100% ; FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 6,001,989 6,726,840 112% 2,695,786 4,217,071 156% { t 4,217,071 156% , 1,521,285, Resources over Requirements 8,212,491 9,400,806 6,167,905 7,769,325 ! 8,849,979 2,682,074; Net Transfers - In (Out) _ (11,910,575) (11,910,575) (6,683,218) (4,051,082) E E (6,683,218) ! TOTAL FUND BALANCE $ 2,303,905 $ 4,217,071 183% ; $ 2,180,473 $ 7,935,315 364% ; $ 6,383,832 293% ; $4,203,359: A Assumes 11.4% increase over budgeted revenue per mid -year trend B Updated based on most recent information from the State C Actual cost of Cascade Lakes Highway Chip Seal project D Vehicle repairs are trending higher than anticipated E Updated based on actual revenue from equipment auction F Unbudgeted request for road work by City of Redmond G Interest projection based on current investment rate and anticipated cash balances H Updated based on YTD actuals I COVID FMLA reimbursement j Projected Personnel savings based on FY21 average vacancy rate of 5.1 % K Anticipated savings in travel and fuel due to COVID restrictions L Software purchase will be made in FY22 e 01Es OG { Budget to Actuals Report � Adult P&P - Fund 355 FY21 YTD February 28, 2021 (unaudited) 66.7% Year Complete Fiscal Year 2020 Fiscal Year 2021 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance DOC Grant in Aid SB 1145 4,353,626 4,621,782 106% 4,621,780 3,466,336 75% 4,621,780 100% A CJC Justice Reinvestment 712,530 1,014,690 142% 797,504 783,504 98% 797,504 100% DOC Measure 57 236,142 239,005 101% 239,005 264,005 110% 264,005 110%, 25,001; B Probation Supervision Fees 160,000 183,688 115% 170,000 117,457 69% 170,000 100% Interfund- Sheriff 50,000 55,000 110% 50,000 36,667 73% 50,000 100% Gen Fund/Crime Prevention 50,000 50,000 100%! 50,000 50,000 100%! 50,000 100%! C Interest on Investments € 77,500 64,896 84% 37,700 33,519 89% 55,100 146% 17,400, D State Subsidy 16,298 16,703 102% , 16,298 - 0% - 0% (16,298), E Electronic Monitoring Fee 2,000 20,182 999% 10,000 2,622 26% 5,000 50% (5,000)! F Probation Work Crew Fees 2,000 1,923 96% 2,000 480 24% 500 25% (1,500)! G Miscellaneous 500 15,412 999% 1,000 604 60% 1,000 100% State Miscellaneous - 22,986 - 17,988 19,000 19,000, H DOC-Family Sentence Alt 114,682 223,746 195% Oregon BOPPPS 40,933 TOTAL RESOURCES 5,775,278 6,570,946 114% ; 5,995,287 4,773,182 80% ; 6,033,890 101% ; 38,603; REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Personnel Services 4,809,644 4,753,486 99% 5,157,473 3,268,031 63% 4,977,805 97% 179,668; 1 Materials and Services i 1,844,847 1,663,665 90% 4 1,923,795 915,061 48% 1,623,795 84% 300,000 J Capital Outlay 15,000 11,000 73% TOTAL REQUIREMENTS 6,669,491 6,428,151 96% ; 7,081,268 4,183,092 59% 6,601,600 93% 479,668: TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers In- General Funds 285,189 285,189 100% 285,189 190,129 67% 285,189 100% € Transfer to Vehicle Maint (62,000) (62,000) 100% (97,693) (65,128) 67% (97,693) 100% TOTAL TRANSFERS 223,189 223,189 100% ; 187,496 125,001 67% 187,496 100% ; FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 2,590,000 2,754,005 106% 2,714,814 3,119,990 115% 3,119,990 115%, 405,176; Resources over Requirements E (894,213) 142,795 (1,085,981) 590,090 s (567,711) 518,271, Net Transfers - In (Out) 223,189 223,189 187,496 125,001 187,496 TOTAL FUND BALANCE $ 1,918,976 $ 3,119,990 163% ; $ 1,816,329 $ 3,835,081 211% ; $ 2,739,775 151% ; $923,446; A State Dept. of Corrections Grant in Aid received quarterly B Received additional funding from state M57 fund to provide client housing and staff training C One-time annual transfer received D Interest projection based on current investment rate and anticipated cash balances E State Dept of Corrections gave notice that these funds have been eliminated for FY21 F Adjusted projection based on YTD revenue. In FY20 a contractor began providing EM directly; however, payments and garnishments from clients in which the County provided service directly continue to be recorded but it is anticipated that these will taper off. G Adjusted projection based on YTD revenue. Due to COVID-19, no community service crew has operated thus reducing fees. H Includes CARES Fund and State COVID related reimbursements I Projected Personnel savings based on FY21 average vacancy rate of 4.0% j Adjusted projection based on YTD expenses. COVID-19 has reduced M&S spending. o C,�v'(ES 0G C .2{ Budget to Actuals Report �. Road CIP - Fund 465 FY21 YTD February 28, 2021 (unaudited) 66.7% Year Complete Fiscal Year 2020 1 Fiscal Year 2021 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance State Miscellaneous 1,944,893 1,668,168 86% 2,258,100 648,618 29% 2,156,459 95% (101,641): A Interest on Investments 198,000 366,198 185% 209,700 207,385 99% 342,200 163% 132,500! B Interfund Payment - 111,340 - - TOTAL RESOURCES 2,142,893 2,145,706 100% ; 2,467,800 856,003 35% 2,498,659 101% ; 30,859; REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Materials and Services 71,748 71,748 100% 158,465 105,643 67% 158,465 100% Capital Outlay 13,764,165 5,752,905 42% E 19,877,585 31383,567 17% 14,625,311 74% 5,252,274! TOTAL REQUIREMENTS 13,835,913 5,824,653 42% 20,036,050 3,489,210 17% ; 14,783,776 74% ; 5,252,274: TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance , Transfers In 12,014,914 11,431,979 95% 7,517,657 2,632,137 35% , 7,146,576 95% a (371,081): TOTAL TRANSFERS 12,014,914 11,431,979 95% ; 7,517,657 2,632,137 35% ; 7,146,576 95% (371,081); FUND BALANCE Budget Actuals % Budget Actuals % Beginning Fund Balance 15,616,536 17,759,555 114% 23,154,407 25,512,586 110% Resources over Requirements f (11,693,020) (3,678,947) (17,568,250) (2,633,208) Net Transfers - In (Out) 12,014,914 E 11,431,979 p 7,517,657 2,632,137 F TOTAL FUND BALANCE $ 15,938,430 $ 25,512,586 160% ; $13,103,814 $ 25,511,515 195% ; A Updated based on anticipated completion of eligible projects Projection % $ Variance 25,512,586 110% 2,358,179; (12,285,118) 5,283,132 7,146,576 (371,081) $ 20,374,045 155% ; $7,270,231: B Interest projection based on current investment rate and anticipated cash balances C Updated based on anticipated completion of projects in FY21 coming in under budget or delayed to FY22. $5M contribution to Terrebonne Refinement Plan is being pushed to FY22. ,�l Ls (-0� Budget to Actuals Report Road CIP (Fund 465) - Capital Outlay Summary by Project 66.7% FY21 YTD February 28, 2021 (unaudited) Year Completed Fiscal Year 2020 Fiscal Year 2021 Budget Actuals % Budget Actuals % Projection % $ Variance Tumalo Res Rd: OB Riley to Bailey Rd : 247,342 - 0% Sisemore Bridge 632,174 181,118 29% 404,245 598,081 148% 598,081 148% (193,836) ARTS Project 180,746 - 0% ! - (66,618) (66,618) _ 66,618 Terrebonne Refinement Plan 5,000,000 - 0% - 0% : 5,000,000 US 20 at Tumalo 300,000 - 0% E - S. Canal - "Six" Corners 900,000 1,008,108 112% C Avenue: Hwy 97 to 6th St Impry 300,000 369,705 123%: - - - Paving Ward Road 598,269 715,504 120%1 S. Canal / Helmholtz Way 800,000 852,853 107% 7,376 79376 : (7,376)` Tumalo Road /Tumalo Place = 769,521 245,995 32% 1,517,345 469,824 31% 1,231,735 81% 285,610 Old Bend Rdm/Tumalo Rd Inter = 625,642 344,429 55% 1 1,350,782 1,129,730 84% : = 1,208,243 89% 142,539` Spring River Bridge Parking Imp - 12,122 - - - NE Negus and 17TH 1,025,472 109,111 11% 788,684 133,450 17% € 871,028 110% (82,344) Hunnel Rd: Loco Rd to Tumalo Rd 275,000 193,732 70% 794,229 146,188 18% : 402,880 51% 391,349' Cascade Lakes Hwy Bike Facilities 39,856 11,856 30% : - 32,740 _ 32,740 (32,740) Transportation System Plan Update 250,000 253 0% 170,000 28,106 17% _ 133,510 79% E 36,490 Slurry Seal 2020 - 284,432- i US 20 Ward Rd to Hamby 500,000 500,000 100%€ - - - US 97 Bend North Corridor = 5,000;000 0% € 5,000.000 - 0% 5,000,000 100% Gribbling Rd Bridge 60,000 - 0% 222,000 - 0% E E 5Q,000 23% : 172,000 Alfalfa Mkt Rd: Powell Butte Hwy _ 300,000 919,940 307% Paving Fyrear Rd = 300,000 - 0% 1,564,000 689 0% 1,806,970 116% (242,970) Paving of S. Century Dr = - 2,673 100,000 447,416 447%= 447,416 447% _ (347,416) Terrebonne Wastewater Feasibility St. - 858 50,000 43,486 87% _ 50,000 100% Rickard Rd: Groff Rd to US 20 217 605,300 121,192 20% 761,310 126% : (156,010) Paving Powell Butte Hwy - - 651,000 704 0% 620,760 95% 30,240 Smith Rock Way Bridge Replace - - 85,000 - 0% 30,000 35% € 55,000 Deschutes Mkt Rd/Hamehook Round - 150,000 227 0% _ 75,000 50% 75,000`, US 97: S. Century Dr to USFS Boundry - - - 70,090 70,090 (70,090)` Johnson Rd Curve Warning Signs - - _ 100,000 59,710 60% 59,710 60% 40,290 Speed Feedback Sign Installation = - - 50,000 76,314 153%: 76,314 153% (26,314) Guardrail Improvements 100,000 - 0% 100,000 84,862 85% 83,766 84% 16,234 Bend District Local Roads - - 500,000 - 0% _ 500,000 100% City of LaPine Local Roads 500,000 - 0% : 500,000 - 0% € 500,000 100% Sidewalk Ramp Improvements - - 75,000 - 0% 75,000 100% Signage Improvements 60,144 - 0% € 100,000 0% 0% 100,000 TOTAL ` $ 13,764,165 $ 5,752,905 42% $ 19,877,585 3,383,567 17% $ 14,625,311 74% $ 5,252,274 °&�� Budget to Actuals Report Solid Waste - Fund 610 FY21 YTD February 28, 2021 (unaudited) 66.7% Year Complete Fiscal Year 2020 Fiscal Year 2021 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance Franchise Disposal Fees 6,437,500 6,444,136 100%: 6,630,625 4,480,654 68% 6,850,000 103% ! 219,375 A Private Disposal Fees 2,419,046 2,556,619 106% ' 2,491,617 1,867,765 75% 2,718,000 109% , 226,383! A Commercial Disp. Fee 2,252,225 2,429,879 108% , 2,319,792 1,682,243 73% ! 2,583,000 111% 263,20& A Franchise 3% Fees 265,000 297,352 112% ' 280,000 126,282 45% � 280,000 100% B � Yard Debris 216,761 290,794 134% ' 216,761 186,400 86% f 297,000 137% ' 80,239= C Miscellaneous 48,336 191,720 397% 88,096 60,206 68% 96,490 110%' 8,394' D Interest 59,000 49,256 83% 23,700 31,281 132% E 50,800 214% 27,100< E Special Waste 15,000 28,830 192% 15,000 27,491 183% _ ' 29,000 193% ' 14,000! F Recyclables 12,000 12,163 101% , 12,000 7,046 59% 12,000 100% � Leases 1 1 100%, 1 0% 1 100% TOTAL RESOURCES 11,724,869 12,300,751 105% ; 12,077,592 8,469,368 70% ; 12,916,291 107% ; 838,699: REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Personnel Services 2,538,776 2,393,257 94% 2,518,594 1,614,823 64% 2,495,877 99% 22,717 G Materials and Services 4,927,163 4,251,937 86% 5,227,119 2,635,226 50% 5,227,119 100% H Capital Outlay 56,000 11,724 21% ' 162,500 2,215 1% t � 95,068 59% 67,43211 I Debt Service 862,100 861,644 100% ' 945,000 309,871 33% 865,000 92% ' 80,000' J TOTAL REQUIREMENTS 8,384,039 7,518,563 90% 8,853,213 4,562,135 52% ; 8,683,064 98% ; 170,149: TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance SW Capital & Equipment (4,29F,II92) (3,296,192) 100% ; (3,684,280) (1,848,058) 50% (3,684,280) 100% r;. �qu:pm... - - - - Reserve TOTAL TRANSFERS ; (3,296,192) (3,296,192) 100% ; (3,684,280) (1,848,058) 50% ; (3,684,280) 100% ; FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 600,000 799,570 133% 1,179,819 2,285,566 194% 2,285,566 194% 1,105,747: K Resources over Requirements 3,340,830 4,782,188 ! 3,224,379 3,907,234 4,233,227 1,008,84& Net Transfers - In (Out) (3,296,192) (3,296,192) (3,684,280) (1,848,058) F (3,684,280) f TOTAL FUND BALANCE _ $ 644,638 $ 2,285,566 355% ; $ 719,918 $ 4,344,742 604% ; $ 2,834,513 394% ; $2,114,595; A Total disposal fee projections reflect management's best estimate of revenues to be collected. Volumes are up 5% when comparing this fiscal YTD to the prior -year-to-date. B Annual fees due April 15, 2021; received the Wilderness Garbage monthly installments and the Cascade Disposal annual fee C Revenue is seasonal with higher utilization in the summer months. Volumes are up 3% when comparing this fiscal YTD to the prior -year-to-date. D FY20 includes the unbudgeted sale of a loader and 2 trailers, LED light incentives and royalty payments. FY21 projections include the sale of 2 trailers and 2 mule trucks for-$32.8K. E Interest projection based on current investment rate and anticipated cash balances F Revenue source is unpredictable and dependent on special clean-up projects; recent large contaminated soil projects from cleaning up a power substation and routine cleaning of a decant facility G Personnel savings based on FY21 YTD average vacancy rate of 1.08% with factors for the recently filled open position (timing and rate); budget and projection includes a Time Management payout estimate for the Director's retirement. H M&S activities are expected to meet budget with pending services and repairs and delayed invoices I The new 1 ton service truck was received, but the service box will be rolled into next FY due to delayed availability. The new perimeter fencing will be postponed until FY22 due to increased material costs. The Negus Transfer Station security system build is underway. J Principal and interest payments due in Nov and May for existing debt; budget includes an interest estimate for funding the Negus Transfer Station which was removed from the projection (construction now expected in FY22). K An influx of disposal volume and postponement of costs in FY20, such as the waste characterization study, positively impacted the beginning fund balance. �IEs ` 2< 0 Budget to Actuals Report L� r Fair & Expo - Fund 615 FY21 YTD February 28, 2021 (unaudited) 66.7% Year Complete Fiscal Year 2020 1 Fiscal Year 2021 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance Events Revenue 687,000 328,219 48% 625,000 280,274 45% 503,000 80% (122,000): A Food & Beverage 568,000 280,874 49% 548,500 66,090 12% � 211,000 38% � (337,500)! B Rights & Signage 120,000 114,100 95% � 125,000 14,000 11% � 112,000 90% (13,000)! C i Storage 71,000 83,158 117% � 75,000 43,817 58% 67,000 89% � (8,000)! D i Horse Stall Rental i 62,000 37,386 60% � 52,000 665 1% � � 41,000 79% � (11,000)= E Interfund Payment 30,000 143,956 480% < 30,000 202,238 674% � � 221,000 737% � 191,000! F Camping Fee 18,000 5,600 31% 12,500 - 0% 7,000 56% (5,500)! G Miscellaneous 3,500 2,236 64% 250 2,079 832% 2,080 832% 1,830! Interest 2,000 (5,006) -250%: (2,200) 326 -15% 600 -27% 2,800! H TOTAL RESOURCES 1,561,500 990,522 63% 1,466,050 609,489 42% ; 1,164,680 79% (301,370); REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Personnel Services i 1,176,169 1,108,608 94% 840,704 671,588 80% 1,006,611 120% : (165,907): I Personnel Services - F&B 157,430 158,556 101% 165,518 107,063 65% 160,871 97% 4,647! J Materials and Services 795,788 787,884 99% 702,149 336,667 48% 561,000 80% 141,149! K Materials and Services - F&B 234,600 217,425 93% 257,600 43,705 17% 106,000 41% 151,600! L Debt Service 100,800 100,151 99% 104,400 58,969 56% 104,400 100% TOTAL REQUIREMENTS 2,464,787 2,372,624 96% 2,070,371 1,217,991 59% ; 1,938,882 94% 131,489: TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers in - Room Tax 383;910 383.910 100%. 250,000 332,118 133% 813,986 326% 563,986: M Transfers In - General Fund 200,000 200,000 100% 200,000 133,336 67% 200,000 100% Transfers In - Park Fund 30,000 30,000 100% 30,000 20,000 67% 30,000 100% Transfers In - Room Tax (as 25,744 323,348 999% 25,744 17,164 67% f 25,744 100%! N needed) Transfers In - County Fair 395,000 250,000 63% Transfers In - F&E Capital - 300,000 Reserve ; Transfers Out (11,791) (11,791) 100%: (10,777) (7,184) 67% (10,777) 100% TOTAL TRANSFERS 1,022,863 1,475,467 144% ; 494,967 495,434 100%' ; 1,058,953 214% ; 563,986: FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 80,000 (94,564) -118%, 364,904 (1,199) 0% E (1,199) 0% i (366,103): Resources over Requirements (903,287) (1,382,102) (604,321) ((508,502) i (774,202) (169,881)! Net Transfers - In (Out) � 1,022,863 1,475,467 7 494,967 495,434 F k 1,058,953 I 563,98& f TOTAL FUND BALANCE $ 199,576 ($ 1,199) -1% ; $ 255,550 ($ 114,267) -45% ; $ 283,552 111% ; $28,002; Footnotes on following page A YTD Event revenues started to lag behind YTD prior year in February B F&B revenues severely impacted by gathering size limitations C Expected to be under budget due to COVIDI9 impacts D Increase in rate for FY21 E Reduced due to cancellations F Reimbursement from RV Park for personnel expenditures recorded in F&E. Includes interfund payment for 3.0 FTE whose cost will be absorbed by Roads through 02.28.21, with 2.00 being absorbed through 03.15.21 G Reduced due to cancellations H Interest projection based on current investment rate and anticipated cash balances I Temporary reduction of employee hours to reduce expense; reassignment of employees to Roads being offset by Interfund Payments j Temporary reduction of employee hours to reduce expense; reassignment of employees to Roads being offset by Interfund Payments K Reduction from budget planned to offset event revenue loss L Reduction from budget planned to offset event revenue loss M Budgeted Transfer appropriations in the TRT Fund are greater than the Transfer -In budget in F&E N $250K of budgeted transfers in TRT are to be transferred on an as needed basis 1�S{ Budget to Actuals Report L, E OL Annual County Fair - Fund 616 FY21 YTD February 28, 2021 (unaudited) RESOURCES State Grant Commercial Exhibitors Concessions and Catering Interest on Investments Merchandise Sales Fair Sponsorship Gate Receipts Carnival Livestock Entry Fees RN Camping/Horse Stall Rental Concert Rodeo TOTAL RESOURCES 66.7% Year Complete Fiscal Year 2020 1 Fiscal Year 2021 Budget Actuals % Budget Actuals % Projection % $ Variance 52,000 53,167 102%, 52,000 53,167 102% 53,167 102% 1,167; 122,000 12,600 10% 25,400 i 25,400 25,40& A 425,000 466,503 110% � - 5,750 r � 5,750 � 5,750 A 200 i (166) -83% (91) 999% (200) 999% ! (200)! B 5,000 5,246 105% i 37,500 19,108 51% 560,000 561,460 100% 340,000 328,274 97% 7,000 4,731 68% 26,000 625 2% 50,000 � 12,000 24% 25,000 5,650 23% 1,649,700 1,469,198 89% ; 52,000 84,226 162% ; 84,117 162% ; 32,117: REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Personnel Services 164,638 157,448 96% 110,000 86,275 78% 140,612 128% : (30,612): C Materials and Services 1,340,062 t 1,457,840 109% 17,000 17,739 104% { 18,000 106% ! (1,000)! TOTAL REQUIREMENTS 1,504,700 1,615,288 107% ; 127,000 104,014 82% 158,612 125% ; (31,612); TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfer in - TRT 1% 250,000 250,000 100% 75,000 50,250 67% 75,000 100% Transfer Out - Fair & Expo (395,000) (250,000) 63% - - TOTAL TRANSFERS (145,000) 0% ; 75,000 50,250 67% 75,000 100%, FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance - 98,629 (47,461) (47,461) (47,461)4 Resources over Requirements 145,000 (146,090) (75,000) (19,789) ' (74,495) 505, Net Transfers - In (Out) (145,000) 75,000 50,250 75,000 TOTAL FUND BALANCE ($ 47,461) ($ 16,999) ($ 46,956) ($46,956); A Advanced deposits for Fair 2021 Interest projection based on current investment rate and anticipated cash balances Personnel projection includes the full furlough of one employee in December, January & February �01 ES ` Budget to Actuals Report I Fair & Expo Capital Reserve - Fund 617 66.7% FY21 YTD February 28, 2021 (unaudited) Year Complete Fiscal Year 2020 Fiscal Year 2021 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance Interest on Investments 16,000 21,189 132% 14,000 6,346 45% 10,400 74% (3,600): A TOTAL RESOURCES 16,000 21,189 132% ; 14,000 6,346 45% ; 10,400 74% (3,600); REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Materials and Services 345,000 243,985 71% 235,000 16,228 7% 235,000 100% B Capital Outlay 1,017,775 180,946 18% 166,940 92,330 55% 166,940 100% TOTAL REQUIREMENTS 1,362,775 424,931 31% 401,940 108,558 27% 401,940 100% ; TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers In - TRT 1% 286,687 286,687 100% 253,158 168,770 67% r 389,566 154% 136,408: C Transfers Out (300,000) (300,000) 100% TOTAL TRANSFERS (13,313) (13,313) 100% ; 253,158 168,770 67% ; 389,566 154% ; 136,408; FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 1,360,088 1,143,224 84% 1,143,224 726,169 64% 726,169 64% (417,055)! Resources over Requirements (1,346,775) (403,742) ' (387,940) (102,212) } (391,540) (3,600); Net Transfers - In (Out) C (13,313) (13,313) E 253,158 168,770 � € 389,566 s 136,408, TOTAL FUND BALANCE $ 726,169 999% ; $ 1,008,442 $ 792,727 79% $ 724,195 72% ($284,247); A Interest projection based on current investment rate and anticipated cash balances B Projection will be adjusted after information is received from Energy Trust regarding rebates r The balance of the 1 % F&E TRT is transferred to F&E reserves q E Budget to Actuals Report RV Park - Fund 618 FY21 YTD February 28, 2021 (unaudited) RESOURCES RV Park Fees < 31 Days RV Park Fees > 30 Days Interest on Investments Cancellation Fees Washer / Dryer Vending Machines Miscellaneous Good Sam Membership Fee Good Sam Discounts TOTALRESOURCES REQUIREMENTS Materials and Services Debt Service TOTAL REQUIREMENTS 66.7% Year Complete Fiscal Year 2020 1 Fiscal Year 2021 Budget Actuals % Budget Actuals % Projection % $ Variance 405,200 412,954 102% 400,200 268,502 67% � 376,311 94% (23,889)i A 5,000 13,050 261% ; 12,000 9,861 82% F 13,332 111% � 1,332i 12,000 10,746 90% 7,600 1,392 18% 2,700 36% (4,900)1 B 5,000 5,271 105% 5,500 155 3% i 155 3% , (5,345)� C i 4,000 5,913 148% 4,000 3,406 85% � 4,802 120% 802, D 3,000 1,821 61% 3,000 573 19% t t 727 24% (2,273)! D 2,000 2,332 117% 2,250 1,414 63% 1,414 63% � (836)! 1,500 476 32% 1,500 - 0% i t 0% i (1,500); E (7,109) 999% - - 437,700 445,454 102% ; 436,050 285,303 65% 399,441 92% (36,609); Budget Actuals % Budget Actuals % Projection % $ Variance 318,273 281,699 89% t 321,402 185,797 58% k 278,476 87% 42,926: F 1 222,100 221,810 100% 222,500 162,805 73% 222,500 100% s 540,373 503,509 93% 543,902 348,601 64% ; 500,976 92% 42,926: TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers In - Park Fund 160,000 160,000 100% 160,000 160,000 100% t r 160,000 100%: t Transfers In - TRT Fund i 35,000 35,000 100% 25,000 13,398 54% 20,000 80% (5,000) G Transfer Out - RV Reserve (502,000) (502,000) 100% (621,628) (310,814) 50% (306,401) 49% 315,22T H TOTAL TRANSFERS ; (307,000) (307,000) 100%; (436,628) (137,416) 31% '. (126,401) 29% 310,227: FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 560,000 592,992 106% 587,992 227,936 39% 227,936 39% (360,056) Resources over Requirements (102,673) (58,056) (107,852) (63,298) ; (101,535) 6,317, Net Transfers - In (Out) (307,000) (307,000) E (436,628) (137,416) s (126,401) 310,227; TOTAL FUND BALANCE $150,327 $ 227,936 152% ; $ 43,512 $ 27,222 63% ; - 0% ($43,512); A 7,953 RV spaces, 30.88% utilization YTD. Prior year comparable was 8,779 RV spaces, 34.08% utilization YTD B Interest projection based on current investment rate and anticipated cash balances C Cancellation Fees waived for FY21 due to COVID D Reduced due to reduction in space utilization E The Good Sam incentive program was discontinued during Fall 2019. F YTD expenses are higher than prior year due to earlier than usual marketing expense. Budget reductions planned to offset projected revenue reductions. G Budgeted Transfer appropriations in the TRT Fund are less than the Transfer -In budget in the RV Park Fund H Projected transfer reduced due to actual Beg Working Capital coming in lower than budget, as well as projected revenue reductions O�ES �{ Budget to Actuals Report C� 0 RV Park Reserve - Fund 619 66.7% FY21 YTD February 28, 2021 (unaudited) Year Complete Fiscal Year 2020 Fiscal Year 2021 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance Interest on Investments 12,550 3,801 30% 1,100 5,684 517% 9,000 818% : 7,900: A TOTAL RESOURCES 12,550 3,801 30% 1,100 5,684 517% ; 9,000 818% ; 7,900, REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Materials and Services 6,641 999% E I Capital Outlay 100,000 1,694 2% 100,000 0% 20,000 20% 80,000, B TOTAL REQUIREMENTS 100,000 8,335 8% 100,000 0% 20,000 20% ; 80,000; TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfer In - RV Park Ops 502,000 502,000 100% 621,628 310,814 50% 306,401 49% (315,227): C TOTAL TRANSFERS 502,000 502,000 100% ; 621,628 310,814 50% 306,401 49% (315,227); FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 490,000 497,466 102% 497,466 102% 7,466, I Resources over Requirements (87,450) (4,534) (98,900) 5,684 (11,000) 87,900- I Net Transfers - In (Out) 502,000 I 502,000 621,628 E 310,814 t l 306,401 i (315,227), 2 TOTAL FUND BALANCE $ 414,550 $ 497,466 120% ; $ 1,012,728 $ 813,964 80% ; $ 792,867 78% ($219,861); A Interest projection based on current investment rate and anticipated cash balances B It is anticipated that the full budgeted amount will not be spent. C Projected transfer reduced due to actual Beg Working Capital coming in lower than budget, as well as projected revenue reductions in the RV Fund �1 E S Budget to Actuals Report L� �G Risk Management - Fund 670 FY21 YTD February 28, 2021 (unaudited) RESOURCES Workers' Compensation General Liability Property Damage Unemployment Vehicle Interest on Investments Claims Reimbursement Skid Car Training Process Fee- Events/ Parades Loss Prevention Miscellaneous TOTALRESOURCES REQUIREMENTS Workers' Compensation General Liability Insurance Administration Property Damage Unemployment Vehicle TOTAL REQUIREMENTS 66.7% Year Complete Fiscal Year 2020 1 Fiscal Year 2021 Budget Actuals % Budget Actuals % Projection % $ Variance 1,255,108 i 1,311,863 105% 1,188,848 816,110 69% 1,188,848 100% 1,072,326 1,055,486 98% � 990,628 642,134 65% � � 990,628 100% 392,923 395,921 101% 373,698 249,032 67% � � 373,698 100%, -� i 323,572 304,607 94% � 323,572 301,261 93% � � 400,000 124% � 76,428! A 195,580 203,005 104% : 218,185 148,178 68% E � 218,185 100% � - 137,000 150,197 110% 87,200 75,147 86% 123,100 141% ! 35,900E B 82,000 460,881 562% � 50,000 23,220 46% � � 30,000 60% � (20,000), 34,000 i 34,830 102% ! 30,000 270 1% � � 270 1% (29,730): 2,000 765 38% � 1,500 315 21% � � 500 33% � (1,00q 30 - 0% � 10 - 0% E � 10 100%! -4 i 500 12,967 999% � 5 - 0% � � 15,000 999% = 14,995E C 3,495,039 3,930,523 112% ; 3,263,646 2,255,667 69% 3,340,239 102% ; 76,593; Budget Actuals % Budget Actuals % Projection % $ Variance 1,460,000 i 713,047 49% 1,560,000 546,571 35% 1,100,000 71% 460,000, 1,400,000 311,666 22% 1,100,000 243,264 22% ± � 900,000 82% � 200,000! D 592,059 470,972 80% � 584,104 256,269 44% � � 584,104 100% � -� E 400,236 701,454 175% � 200,240 304,312 152% � � 450,000 225% � (249,760)! F 130,000 63,289 49% 200,000 65,218 33% E 190,000 95% 10,000E 150,000 179,835 120% E 150,000 127,481 85% E � 180,000 120% � (30,000' 4,132,295 2,440,263 59% 3,794,344 1,543,115 41% ; 3,404,104 90% ; 390,240: TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers Out - Vehicle Replace (6,918) (6,918) 100% (3,500) (2,330) 67% _ (3,500) 100% TOTAL TRANSFERS (6,918) (6,918) 100% ; (3,500) (2,330) 67% (3,500) 100% ; FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 6,100,000 7,193,407 118% = 7,000,000 8,676,750 124% 8,676,750 124% 1,676,750: Resources over Requirements (637,256) 1,490,260 (530,698) 712,551 E (63,865) 466,831 Net Transfers - In (Out) (6,918) (6,918) (3,500) (2,330) E (3,500) TOTAL FUND BALANCE $ 5,455,826 $ 8,676,750 159% ; $ 6,465,802 $ 9,386,971 145% ; $ 8,609,385 133% ; $2,143,583: A Unemployment collected on first $25K of employee's salary in fiscal year B Interest projection based on current investment rate and anticipated cash balances C FY20 includes $12,962 in State reimbursements for COVID related costs. D General Liability claims are difficult to budget and predict E Projected Personnel savings based on FY21 savings to date F YTD actuals includes Property Insurance Premium, which is an annual expenditure 04�01ES Budget to Actuals Report Health Benefits - Fund 675 FY21 YTD February 28, 2021 (unaudited) RESOURCES Internal Premium Charges COIC Premiums Retiree / COBRA Premiums Employee Co -Pay Interest Prescription Rebates Claims Reimbursement & Other TOTALRESOURCES REQUIREMENTS Health Benefits Deschutes On -Site Pharmacy Deschutes On -Site Clinic Wellness TOTAL REQUIREMENTS 66.7% Year Complete Fiscal Year 2020 1 Fiscal Year 2021 Budget Actuals % Budget Actuals % Projection % $ Variance 17,411,292 i 17,841,713 102% 17,831,938 12,369,076 69% 17,831,938 100% 1,967,021 i 1,670,202 85% � 1,600,000 932,321 58% � � 1,574,688 98% � (25,312)! 1,433,000 1,023,556 71% � 1,035,000 683,194 66% � � 1,000,000 97% � (35,000)! 1,041,120 1,060,127 102% 1,031,400 782,045 76% 1,173,068 114% ! 141,668! 346,000 334,654 97% 216,200 147,845 68% 245,100 113% 28,90& A 75,000 174,148 232% 90,000 91,487 102% # 100,000 111% F 10,000 # 45,000 # 386,585 859% 80,000 1,073 # 1% 50,000 63% (30,000)� 22,318,433 22,490,985 101% ; 21,884,538 15,007,040 69% 21,974,794 100% ; 90,256: Budget Actuals % Budget Actuals % Projection %° $ Variance 20,550,836 18,763,095 91% 19,937,274 10,723,799 54% 19,422,983 97% 514,291, B 2,242,104 2,952,787 132% 2,417,092 1,622,993 67% 2,417,092 100% B 1,141,691 1,084,574 95% 1,101,467 652,647 59% 1,101,467 100% B 180,380 152,600 85% 164,340 113,614 69% 164,340 100%, B 24,115,011 22,953,057 95% ; 23,620,173 13,113,053 56% 23,105,882 98% 514,291: FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 16,106,294 16,563,905 103% 15,323,729 16,101,833 105% 16,101,833 105% " 778,104" Resources over Requirements (1,796,578) (462,072j (1,735,635) 11893,988 (1,13 i,088) 604,547" , Net Transfers - In (Out) TOTAL FUND BALANCE : $ 14,309,716 $ 16,101,833 113% ; $13,588,094 $17,995,821 132% ; ; $ 14,970,745 110% ; $1,382,651 A Interest projection based on current investment rate and anticipated cash balances B Amounts are paid 1 month in arrears; projection compared to historical costs for reasonableness; 4, 6 and 12 month rolling averages trending upward �1 E �{ Budget to Actuals Report 0G 911 - Fund 705 and 710 FY21 YTD February 28, 2021 (unaudited) RESOURCES Property Taxes - Current Yr Telephone User Tax Police RMS User Fees Contract Payments Interest Property Taxes - Prior Yr State Reimbursement User Fee Data Network Reimbursement Property Taxes - Jefferson Co. Miscellaneous TOTAL RESOURCES 66.7% Year Complete Fiscal Year 2020 1 Fiscal Year 2021 Budget Actuals % Budget Actuals % Projection % $ Variance 8,809,419 8,876,513 101% 9,113,459 9,031,328 99% 9,155,214 100%, 41,755: A i 900,000 1,053,847 117% 1,106,750 672,379 61% � � 1,306,750 118% � 200,000 B i 250,000 386,751 155% , 250,000 110,408 44% � � 250,000 100% 51,300 71,929 140% 157,252 28,500 18% � � 157,252 100% 157,000 184,668 118% 90,400 80,483 89% 121,800 135% 31,400' C 100,000 262,105 262% 90,000 122,509 136% t t 125,000 139% ! 35,000! 125,000 i 107,881 86% 83,000 18,000 22% 83,000 100%, -� D 73,680 135,243 184% 73,000 64,422 88% � � 73,000 100% 55,000 96,232 175% 55,000 - 0% � � 55,000 100%! i 30,000 34,547 115% 33,637 34,421 102% 34,500 103% 8631 i 11,951 70,966 594% 12,200 20,642 169% 25,000 205% 12,800 10,563,350 11,280,682 107% ; 11,064,698 10,183,091 92% ; 11,386,516 103% ; 321,818: REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Personnel Services 7,462,575 6,980,012 94% 7,620,458 4,789,838 63% 7,279,703 96% 340,755: E Materials and Services 3,387,761 3,072,800 i 91% 3,476,381 2,098,616 60% 3,476,381 100% Capital Outlay 1,400,000 669,792 48% 1,480,000 263,855 18% 1,480,000 100% -, TOTAL REQUIREMENTS 12,250,336 10,722,604 88% ; 12,576,839 7,152,309 57% ; 12,236,084 97% 340,755: FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 7,753,706 8,604,816 111% 8,341,418 9,162,894 110% E f 9,162,894 110% 821,476: Resources over Requirements (1,686,986) 558,079 (1,512,141) 3,030,781 (849,568) 662,573, Net Transfers - In (Out) TOTAL FUND BALANCE $ 6,066,720 $ 9,162,894 151% ; $ 6,829,277 $ 12,193,676 179% ; $ 8,313,326 122% ; $1,484,049: A Current year taxes received primarily in November, February and May; actual 20-21 TAV is 5.40% compared to FY19-20 vs. 5.00% budgeted B Telephone maintenance reimbursements are received in a lump sum by early spring; anticipating an increase in telephone tax from the State that was not budgeted C Interest projection based on current investment rate and anticipated cash balances D State GIS reimbursements are received quarterly E Personnel savings based on FY21 YTD average vacancy rate of 7.6% L�\)j ES C0G 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 Monday Meeting of March 22, 2021 DATE: March 17, 2021 FROM: Tanya Saltzman, Community Development, TITLE OF AGENDA ITEM: DLCD Technical Assistance Grant Progress Report - Wildlife Inventory Update Staff is providing the Board of County Commissioners (Board) with a status update regarding one of the two tasks (wildlife inventory update) comprising the Department of Land Conservation and Development (DLCD) Technical Assistance (TA) Grant. Staff has received the data summary report from the wildlife biologist team, and is currently developing a public outreach plan that will culminate in two virtual open houses on April 15 and April 29. MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Tanya Saltzman, AICP, Senior Planner DATE: March 17, 2021 SUBJECT: DLCD Technical Assistance Grant Progress Report - Wildlife Inventory Update Staff is providing the Board of County Commissioners (Board) with a status update regarding one of the two tasks (wildlife inventory update) comprising the Department of Land Conservation and Development (DLCD) Technical Assistance (TA) Grant. Staff has received the data summary report from the wildlife biologist team, and is currently developing a public outreach plan that will culminate in two virtual open houses on April 15 and April 29. I. Background Deschutes County received an 18-month DLCD TA grant to: 1. Incorporate Wildfire Mitigation Advisory Committee (WMAC) recommendations into the Comprehensive Plan and development code; and 2. Begin updating Goal 5 wildlife habitat inventories. This TA Grant provides a basis for the County to evaluate rural growth and development through a multi -faceted lens, taking into consideration its effect on resource lands, wildlife, natural hazards, economic development, housing, transportation, public facilities, and rural communities. Staff structured the grant tasks so that they will give Deschutes County the resources to evaluate land use interrelationships as part of a future Comprehensive Plan update. County staff can then engage residents and stakeholders in a separate, multi -year public process to update the Comprehensive Plan holistically. II. Wildlife Inventory Update A. Project Scope Under this task, staff will evaluate updated data for wildlife inventories from the Oregon Department of Fish and Wildlife (ODFW) and potentially federal land management agencies to implement the procedures and requirements for complying with Goal 5 (Oregon Administrative Rule 660, Division 23). This will entail engaging ODFW and a DLCD Goal 5 Coordinator to mutually understand the methodology of the agency's updated wildlife inventories, conflicting uses, and the range of options for protecting wildlife habitat. As noted in a previous update to the Board, the first Technical Advisory Committee meeting was held on August 27, 2020, attended by representatives from DLCD, ODFW, the County, and the consultant, Mason, Bruce & Girard. The primary task of the meeting was to select three inventories/species that the project will focus upon with respect to compiling updated data. Ultimately, while there are numerous species of note in the County, choosing the three that should be addressed through this grant was straightforward based on committee members' experience and expertise. Those inventories are as follows: • Mule Deer Winter Range • Elk Winter Range • Sensitive Bird Habitat (Bald and Golden Eagles) Since that selection, the consultant convened an Interagency Working Group (IWG) consisting of technical experts from ODFW and U.S. Fish and Wildlife Service (FWS) to provide, review and evaluate wildlife data for the three inventories. The IWG met three times over the fall and winter, comparing data and collection methodologies. The IWG produced a summary report, which is provided with this memorandum as Attachment 1. The report provides an overview of the technical experts' work and illustrative maps. Separately, the consultant has provided the raw GIS data as well so that Community Development GIS staff can � work to present that data Combined with other County information. B. Public Outreach Staff, along with the project consultant and agency representatives, will now take the work of the IWG to the public to present information and gather feedback. Similar to the public outreach efforts with the wildfire mitigation program, two virtual open houses will be hosted bythe Planning Commission on the evenings of April 15th and April 291h, 2021. The goal of these virtual open houses is to present the project, introduce the consultant and technical team, who will in turn explain the data they collected and how they did so. Staff will explain options for moving forward with a potential wildlife inventory update to the Comprehensive Plan and how that could take shape. Both open houses will prominently feature question and answer sessions with the public (via Zoom and/or Facebook Live, as done in the wildfire outreach process), where the technical experts will be available to shed further light on their process and experience. just as with the wildfire outreach program, the open house presentation will feature an online StoryMap, which will illustrate aspects of the project with maps and other visuals, and likely a short online survey to help gauge the public's interest in moving forward with an inventory update process. These online tools will be available to the public for approximately a month. It is important to note —and this will be emphasized throughout the outreach process —that this portion of the project that has been funded by the TA Grant is devoted to technical data collection. -2- Staff understands that the decision to undertake a Goal 5 wildlife inventory update will be multifaceted, encompassing larger land use and conservation concepts beyond just the hard data. What can be done with that data in terms of integrating some or all of it into the Comprehensive Plan, regulatory and non -regulatory scenarios, and the details of what this could mean for property owners in various locations will be addressed in future phases of the project if the Board chooses to pursue it. IV. Next Steps After the two virtual open houses, staff will prepare a summary report that will include the data collected by the IWG team, additional maps, and a summary of the public process. This report will include options for potential next steps if the Board chooses to pursue that direction. The DLCD TA Grant will conclude on May 31, 2021. Attachment: Deschutes County Goal 5 Wildlife Inventory Update Report - Mason, Bruce & Girard, consultant -3- Deschutes County Goal 5 WildiffeInventory Update Prepared for Deschutes County Community Development Department Insights. Ideas. Integrity. Prepared by Mason, Bruce & Girard, Inc. 707 SW Washington Street, Suite 1300 Portland, Oregon 97205 503-224-3445 www.masonbruce.com February 26, 2021 This project is funded by Oregon general fund dollars through the Department of Land Conservation and Development. The contents of this document do not necessarily reflect the views or policies of the State of Oregon. Table of Contents Introduction....................................................................................................................................................................... 1 Processfor the Update...................................................................................................................................................... 1 Results................................................................................................................................................................................ 2 MuleDeer Winter Range Habitat...........................................................................................................................2 Sensitive Bird Habitat: Bald and Golden Eagle Nest Locations...............................................................................3 ElkWinter Range Habitat........................................................................................................................................3 Recommendations from the IWG to the Count 4 LiteratureCited.............................................................................................................................................................."" 4 mm MASON.BRUGEaOIRARD ins:;�rtt;, ire.a. mtc:7 r:rv. )ntroduction The Deschutes County Community Development Department (County) is beginning the process of updating the County's Comprehensive Plan, which formally records the community's development aspirations and goals and provides guidelines for future growth. To complete one step of this multi -step process, the County applied for and received a Technical Assistance Grant from the Department of Land Conservation and Development. The grant provides funding to begin updating up to three of the County's Statewide Planning Goal 5 (Goal 5) wildlife inventories because the existing Goal 5 wildlife inventories are dated and no longer represent the best available scientific data for the inventoried resources. The County engaged Mason, Bruce & Girard Inc. (MB&G) in 2020 to assist them with the implementation of the grant. This report presents the three updated Goal 5 wildlife inventories. Figures are presented in Appendix A. Raw data snapshots are presented in Appendix B. GIS data are delivered separately. Process for the Update The decision -making group for the project is the Technical Advisory Committee (TAC). Initially the TAC included representatives from the Oregon Department of Fish and Wildlife (ODFW), the Land Conservation and Development Division (LCDC), the County, and MB&G. The County and MB&G kicked off the project in August of 2020 with the first meeting of the TAC. During this meeting, the group reviewed the existing Goal 5 inventories related to wildlife and selected three candidates for update. These included: 1) Mule Deer (Odocoileus hemionus) Winter Range Habitat 2) Sensitive Bird Habitat— specifically the bald eagle (Haliaeetus leucocepholus) and golden eagle (Aquila chrysaetos) nest sites 3) Elk (Cervus canadensis) Winter Range Habitat The TAC also identified additional inventories that would benefit from an update but did not rise to the same priority level as the three selected for this round. Those were: 1) Mule Deer Migration Corridors 2) Endangered Species Act Threatened & Endangered Species Habitat (e.g., Oregon spotted frog (Rana pretiosa)) Mule deer migration corridors were identified as important by the TAC because more recent data gathered over the past decade indicate the resource is likely significantly larger than the area that is currently protected. ODFW now also has a better understanding of how mule deer use corridors in the County. Although important, corridors were still seen by the TAC as a lower priority than updating the mule deer and elk winter ranges and the bald and golden eagle sensitive habitat areas. The TAC also decided that while Threatened & Endangered species habitats were important, species listed under the Endangered Species Act (ESA) and their habitats already receive federal protections and inventories are typically much more up-to-date than those selected for this project. Once the three inventories were identified by the TAC, MB&G convened an Interagency Working Group (IWG) consisting of agency species experts. This group was tasked with reviewing existing data and developing new inventories based on the best available science and professional opinion. The IWG members included agency representatives from ODFW and U.S. Fish and Wildlife Service (USFWS); discussions were facilitated by MB&G. This report presents to the TAC the results of the IWG-led updates to the three selected inventories. MASON. BRUCE &GIRARD pra��i: `. 1CG3s. Ir=tCgri{y. Results Over the course of the project, the agency representatives developed updated versions of the three selected Goal 5 wildlife inventories. The three resulting updated datasets are described in this section, and GIS files and metadata are delivered separately. All area estimates reported herein were made using the Deschutes County -preferred coordinate system: Oregon State Plane South with Lambert Conformal Conic projection, North American Datum 1983 (international feet units). Mule Deer Winter Range Habitat The mule deer winter range habitat inventory was selected by the TAC for update primarily because it no longer reflects usage patterns indicated by data collected by ODFW biologists, and this habitat commonly is a source of conflict with proposed developments in the County. Research tools available to scientists have evolved since the original wildlife -related inventories were created back in the 1990s. For example, in the case of mule deer winter range habitat, since the last inventory was developed ODFW revised study designs to alter winter range sampling to more effectively measure changes in the deer population. ODFW and their research partners also completed studies that tracked deer use of the winter range habitat by collaring some individuals with GPS location transmitters, greatly enhancing ODFW's understanding of how deer are using the winter range habitat. Finally, ODFW applied recently developed spatial modeling tools to better predict how mule deer utilize winter range habitat. The revised mule deer winter range habitat was developed by ODFW based on the following data sources: • The existing Deschutes County Wildlife Area Combining Zones (WA Zones) for mule deer winter range, including the Deer Winter Range, Tumalo Deer Winter Range, Metolius Deer Winter Range, Grizzly Deer Winter Range, and North Paulina Deer Winter Range • The biological mule deer winter range (ODFW 2012) which provides a general outline of mule deer winter range east of the crest of the Cascades in Oregon. ODFW considers the winter range to be that area normally occupied by deer from December through April • Aerial and ground survey observations of deer group sizes collected by ODFW biologists during each winter from 2015 through 2020 (unpublished) • Mule deer resource selection function (RSF) model raster for probability of use in winter based on the "south central study" (Coe et ah 2018) • Deer density polygons from two years of collar data for an area that was left out of the "south central study" (unpublished) Figure 1 (Appendix A) depicts the updated inventory for mule deer winter range. Mule deer winter range areas currently protected by the County (the WA Zones for Mule Deer Winter Range) were included in the revision as they continue to represent key winter habitat areas for deer. The currently protected WA Zone for mule deer winter range in the County covers approximately 315,847 acres. The blue polygons indicate additional important mule deer winter range habitat areas covering approximately 188,132 acres. The revised mule deer winter range habitat as proposed would cover approximately 503,979 acres. Snapshots of the raw data informing the inventory update were provided by ODFW and are included in Appendix B. In the context of the greater mule deer winter range (ODFW 2012), these newly selected areas combined with the existing WA Zone winter range were thought to be particularly significant portions of the winter range 2 MASON, BRUCE GIRARD habitat for mule deer based on the raw data inputs depicted in Appendix B, and therefore they were identified for protection by the members of the IWG representing ODFW. Sensitive BirdHabitat: BaW and Golden Eagle Nest Locations Bald and golden eagle nest locations were selected by the TAC for update primarily because the datasets underlying the current sensitive bird habitat occurrences for these two species in Deschutes County are out of date, and development conflicts with known nests are increasing. USFWS participated in the IWG and provided the updated Goal 5 inventory for bald and golden eagles. The updated Goal 5 inventory dataset includes known golden and bald eagle nest sites, each buffered by a sensitive habitat area extending outward from the nest location. All known nest locations within Deschutes County as well as any buffers that extend into Deschutes County from nest locations in adjacent counties are included. Alternative nests with overlapping buffers are dissolved into single polygons to better capture potential use areas for active pairs. Golden eagle nest locations are buffered by a sensitive habitat area that extends out for a radius of 2 miles (Figure 2, Appendix A). USFWS buffered the golden eagle nest locations with the larger proposed sensitive area because this is the awareness distance used by the agency to trigger review of potential impacts of a proposed project or land use change on an active pair under the federal Bald and Golden Eagle Protection Act (BGEPA). Bald eagle nests are buffered by a %-mile -radius sensitive habitat area. The buffers applied to the updated golden eagle nest sites are larger than the %-mile sensitive habitat buffer currently applied by the County to golden eagle nest locations. USFWS gathered the data informing the revised Goal 5 inventory from three sources: • Oregon Eagle Foundation • United States Forest Service Natural Resource Information System (NRIS) for terrestrial wildlife data • Bureau of Land Management local records The existing Deschutes County sensitive bird 'habitat inventory includes 5 bald eagle and 20 golden eagle nest locations. Each nest location is currently buffered by a % mile radius sensitive habitat area. Altogether, the County currently protects 2,297 acres of sensitive bird habitat associated the 25 nest locations (603 acres for bald eagles and 1,694 acres for golden eagles). In total, the proposed sensitive bird habitat associated with bald and golden eagles would cover approximately 344,778 acres in the County. The much larger acreage of sensitive habitat identified in the updated inventory stems from 1) an increase in the number of nests included in the updated inventory (116 bald eagle, and 103 golden eagle nests), and 2) the larger radius of sensitive habitat area identified for golden eagles. It is important to note that the larger number of nests included in the updated inventory does not correspond to increased eagle success or upward population trends, especially for golden eagles. Survey methods have improved and survey efforts have greatly increased over the past several decades resulting in the record of several alternative nest sites per territory (e.g. the 103 golden eagle nest sites represent 41 territories). The revised data also include nests on all land ownerships even were buffers are fully located on public lands. (k Winter Range Habitat Similar to the mule deer winter range inventory, the elk winter range habitat was selected by the TAC for update primarily because the existing WA Zone for Elk Range used by the County significantly differs from ODFW's survey -based understanding of how elk currently use winter range habitat. The most heavily used winter range has expanded overtime and often conflicts with development projects. 3 MASON, BRUCE s GIRAR© Deschutes County Goals Wildlife InveMai The revised areas were identified by ODFW based on the following data sources: • The existing Deschutes County WA Zone for elk habitat (which focuses on winter range) • The biological elk winter range (ODFW 2012) which provides a general outline of elk winter range east of the crest of the Cascades in Oregon. • Winter observation data collected by ODFW biologists from 2015 through 2020 (unpublished) • ODFW biologists' professional knowledge of winter range habitat use patterns by local elk herds The revised elk winter range habitat is depicted in Figure 3 (Appendix A) and it extends the existing Wildlife Area Combining Zone, which covers approximately 51,717 acres, to include additional important portions of the biological winter range covering approximately 359,473 acres. The entire revised elk winter range would cover approximately 411,190 acres in the County. Snapshots of the raw data informing the inventory update were provided by ODFW and are included in Appendix B. Recommendationsfrom the 1 G to the County While discussing the inventory revisions, the IWG also developed some recommendations for the County to consider during later phases of the Comprehensive Plan update. Recommendations included: • Identify and utilize up-to-date databases to keep data layers current. For example, the Oregon Biodiversity Information Center (ORBIC) which is part of the Institute for Natural Resources at Portland State University, manages a comprehensive database of rare, threatened, and endangered species in Oregon. The IWG recommends the County regularly access this database to keep the bald and golden eagle inventory current. It could also be used as a resource for keeping other inventories associated with rare, threatened, or endangered species in line with the best available science. • Consider the consequences of disclosing sensitive information such as exact eagle nest locations to the public. The sensitive habitat area buffers provide some protection, but the resource agencies urge the County to coordinate with them prior to making the updated inventories accessible to the public to ensure proper precautions have been taken. Literature Cited Coe, P. K., D. A. Clark, R. M. Nielson, S. C. Gregory, J. B. Cupples, M. J. Hendrick, B. K. Johnson, and D. H. Jackson. 2018. Multiscale models of habitat use by mule deer in winter. Journal of Wildlife Management, 82(6):1285-1299. Oregon Department of Fish and Wildlife (ODFW). 2012. ODFW Deer and Elk Winter Range for Eastern Oregon. GIS Shapefile Published 01/09/2013. Online Link: https:Hnrimp.dfw.state.or.us/DataClearinghouse/default.aspx?p=202& XMLname=885.xml 4 MASON, BRUCE a GIRARD Irsgni e.. ideas. Irtegr.t v. Appendix A Figures MASON, BRUCEs GIRARD Ir.>i�ht[., ices;-�ntcgnt V. tog 00 a q E�r z ¢ „- I a�c �a �k �cQt two lop h a P W��c' art t �Z a 3 � N AN �e owlM.A r Y' N Pin z x ¢WNW,LLJ ` N S ul `aP 3 F 'p � t 4 ., � ��II � � �'�� III �I �� i� � � •. � �„�,� 9'F �z��s"A , � L 3 � P ?W !BMW A IN c g� W > 3 0 y Appendix Data Snapshots MASON.BRUCE &GIRARD I i:.i�J lit S, li'i';; •.. Iri<'J�,r ��', S2;,p lower Desert 26 Mule Deer Winter Overlay" ODFW Proposed Additions (Draft 1) 126''. o 1/ Mountains Summit zo t 69 ,?f1 Prairie O �W Prineville o Deer Winter Overlay --Additions �= J-.h O Red— d ® Deer Winter Overlay --Current co 0 J q Collard Deer --Home Range O Powell Buttes 27' ODFW Deer Biological Winter Range o< m g Deer Winter Observations 2015-2019 10332J[ ° o o TOTAL aao Beng 00 ° o 56 �m �e8o O <_14 O 1528 iz 561 f V O :5139 a� Le Nine Stare `""'" Palk o o !dewberry o Crater O La Pine O N A9 ; 0 5 10 20 Mlles V I i t i Ii 1 i I AR, USGS, County of Crook, State of Oregon GEO, Esri, (C'rG��f . Snapshot provided by ODFW of raw data informing the mule deer winter range habitat inventory update. �26 i+340Jt Glass Brutes MASON, BRUCE& GIRARD Install,:. iccas. irti`(inF',. LaPine S; va,K 0Imperial mptonotter o Ne.b,,fy 0 p Crater. O O'�.. O La Pine Q ` ,5 ..,F`� �� Hampton tuitea 00 tgry s N f 2-0- 0 5 10 20 Miles � Glass I I 1 1 I I I I 1 BUites Esri, CGIAR, USGS, County of Crook, State of Oregon GEO, Esri, overall Snapshot provided by ODFW of raw data informing the mule deer winter range habitat inventory update. MASON, BRUCE&GIRARD Irz(a,ts. ices Ir-scnrt✓. Elk Winter Overlay -- ODFW Proposed Additions (Draft 1) ® jr:_Elk Overlay --Additions ® Elk Overlay --Current Elk Observations 2015-2020 TOTAL ® <12 ® <_30 ® ® <_115 <_170 ODFW Elk Winter F � —n Range -Ice 66 ®e N A0 5 10 20 Miles NITRE, G'I niin, FAO, USGS, f-'A NP, Snapshot provided by ODFW of raw data informing the elk winter range habitat inventory update. r 1 MASON, BRUCEs GIRARD los:;pu s. �6t'as. Irtc=��rtv, 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 Monday Meeting of March 22, 2021 DATE: March 17, 2021 FROM: Tanya Saltzman, Community Development, TITLE OF AGENDA ITEM: Preparation for Public Hearing: Marijuana Housekeeping Text Amendments Staff will present proposed text amendments at a Board of County Commissioners (Board) work session on March 22, 2021, prior to a March 31 public hearing concerning legislative amendments to codify Deschutes County's recent "opt out" of new marijuana production and processing businesses and to clarify related marijuana -related topics in the Deschutes County Code. I►Til4►T,IIQ 7_101pill AI TO: Deschutes County Board of Commissioners FROM: Tanya Saltzman, AICP, Senior Planner DATE: March 17, 2021 SUBJECT: Preparation for Public Hearing: Marijuana Housekeeping Text Amendments Staff will present proposed text amendments at a Board of County Commissioners (Board) work session on March 22, 2021, prior to a March 31 public hearing concerning legislative amendments to codify Deschutes County's recent "opt out" of new marijuana production and processing businesses. Staff submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department of Land Conservation and Development (DLCD) on February 24, 2021. Staff reviewed the proposed amendments with the Planning Commission on March 11, 2021.' Staff has provided the proposed amendments and findings as part of draft Ordinance No. 2021-004 (attached), as well as record documents prior to this work session. BACKGROUND On August 19, 2019, the Board adopted by emergency Ordinance No. 2019-014, which prohibited the establishment of future (new) marijuana production and processing businesses in unincorporated Deschutes County (commonly referred to as an Opt Out). Ordinance No. 2019-015, adopted on October 16, 2019, further clarified that Ordinance No. 2019-014 has no impact on the County's past marijuana production land use decisions and does not preclude those applicants from moving forward in the licensure process with the Oregon Liquor Control Commission (OLCC). Oregon law (ORS 475B.968) provides that Deschutes County may adopt ordinances prohibiting marijuana businesses, but must then refer the matter to County electors at the next statewide general election. On November 3, 2020, Ballot Measure 9-134 asked voters if they wanted to repeal the opt -out ordinances —a "yes" vote would once again allow new marijuana production and processing businesses in Deschutes County, and a "no" vote would continue to prohibit new marijuana production and processing businesses in Deschutes County. 1 https:Hdeschutescountyor.igm2.com/Citizens/Detail_Meeting.aspx?ID=2738 Ultimately, Deschutes County residents voted "no" to Measure 9-134, thereby upholding the opt -out and prohibiting future/new recreational marijuana production and processing businesses from being established in the unincorporated County. 11. PROPOSAL The primary purpose of the amendments is to reflect and clarify the changes resulting from the "no" vote on Ballot Measure 9-134. The amendments clarify the status of existing marijuana production and processing businesses, provide criteria for those existing businesses to modify their permits, and remove marijuana production and processing as permitted or conditional uses from the zones in which they were permitted prior to the opt out. • The proposal addresses in DCC 18.116.330(A), marijuana production and processing land use permits that were issued from July 1, 2016 to the effective date of the enacting ordinance. Specifically, it clarifies that marijuana production and processing subject to land use permits applied for from July 1, 2016 to the effective date of the enacting ordinance, in which the use has been initiated pursuant to DCC Chapter 22.36, may continue as nonconforming uses pursuant to DCC 18.120.010, which includes criteria for alterations.2 • Marijuana production or processing land use permits where the use has not yet been initiated may be only be modified pursuant to the criteria established by DCC 22.36.040, Modification of Approva1.3 • The proposal clarifies that a change in ownership of a land use permit issued for marijuana production or processing does not require a modification of approval or an alteration of a nonconforming use. A change in location for a land use permit issued for marijuana production or processing is prohibited. • The proposal removes marijuana production and/or processing as permitted or conditional uses in DCC 18.16.020 and 18.16.025, Exclusive Farm Use; DCC 18.32.030, Multiple Use Agricultural Zone; DCC 18.66.040 and 18.66.050, Terrebonne Rural Commercial Districts; DCC 18.67.040 and 18.67.060, Tumalo Rural Commercial and Industrial Districts; DCC 18.100.010 and 18.100.020, Rural Industrial Zone; and DCC 18.108.110, Sunriver Business Park. • The proposal removes the youth activity center separation distance criterion in DCC 18.116.030(B)(7), 18.116.030(C)(7) and 18.116.030(D)(7). The Oregon Court of Appeals in Waveseer of Oregon, LLC. v. Deschutes County, 308 Or App 494 (2021) determined that the County's prevailing interpretation of the 'youth activity center' phrase violated ORS 197.835(10)(a) because there is no way for an applicant to determine if a particular EFU-zoned property would likely qualify for marijuana production. County staff recommends simply deleting the phrase because the issue is unlikely to come up again and because it is likely that 2 https://weblink.deschutes.org/Public/DocView.aspx?id=4011&dbid=0&repo=LFPUB 3 Ibid. Page 2 of 3 any subsequent 'youth activity center' interpretation will equally run afoul of the aforementioned statute. The applicant, in this case Deschutes County Community Development, has submitted findings summarizing the amendments and stating that the text amendments are in compliance with the Statewide Planning Goals, and applicable policies of the Deschutes County Comprehensive Plan. III. PLANNING COMMISSION REVIEW Staff presented the proposed amendments for the Planning Commission on March 11, 2021.4 Planning Commissioners provided minor proofreading edits (reflected in the version provided as attachments to this memorandum) and asked several clarifying questions pertaining to numbers of applicants with approved land use applications, but had no significant changes or concerns about the amendments as proposed. IV. ADOPTION BY EMERGENCY Owing to the need for County Code to accurately reflect the results of the November 2020 opt -out vote, staff anticipates adoption by emergency but can prepare a non -emergency Ordinance at the Board's request. V. NEXT STEPS A public hearing with the Board is scheduled for March 31, 2021. Attachments: 1. Draft Ordinance No. 2021-004 - Emergency 2. Corresponding Exhibits to Ordinance No. 2021-004: Exhibit A - DCC Chapter 18.16, Exclusive Farm Use Zones Exhibit B - DCC Chapter 18.32, Multiple Use Agricultural Zone - MUA Exhibit C - DCC Chapter 18.66, Terrebonne Rural Community Zoning Districts Exhibit D - DCC Chapter 18.67, Tumalo Rural Community Zoning Districts Exhibit E - DCC Chapter 18.100, Rural Industrial Zone - R-I Exhibit F - DCC Chapter 18.108, Urban Unincorporated Community Zone - Sunriver Exhibit G - DCC Chapter 18.116, Supplementary Provisions Exhibit H - Findings Full Record 2021-03-11 PC Work Session Packet (memo, draft amendments, draft findings) 2021-02-24 DLCD Confirmation Email 4 No legislative change shall be adopted without review by the Planning Commission and a public hearing before the Board of County Commissioners. Public hearings before the Planning Commission shall be set at the discretion of the Planning Director, unless otherwise required by state law. Page 3 of 3 REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 18, Deschutes County Zoning, to Incorporate "Housekeeping" Changes that Ensure that the Deschutes County Code is Consistent with the * ORDINANCE NO. 2021-004 Results of the "No" Vote on Ballot Measure 9-134 and to Provide Clarification of Existing Regulations Regarding Marijuana and Declaring an Emergency. WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments (Planning Division File No. 247-21-000168-TA) to the Deschutes County Code (DCC) Title 18, Chapters 18.16, Exclusive Farm Use Zones; 18.32, Multiple Use Agricultural Zone; 18.66, Terrebonne Rural Community Zoning Districts; 18.67, Tumalo Rural Community Zoning Districts; 18.100, Rural Industrial Zone — R-I; 18.108, Urban Unincorporated Community Zone — Sunriver; and 18.116, Supplementary Provisions; to ensure that the DCC is consistent with the results of the "No" vote on Ballot Measure 9-134, and to provide clarification of existing regulations regarding marijuana; and WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on March 11, 2021; and WHEREAS, the Board considered this matter after a duly noticed public hearing on March 31, 2021 and concluded that the public will benefit from the proposed changes to the Deschutes County Code Title 18; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 18.16. Exclusive Farm Use, is amended to read as described in Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfi .fig; Section 2. AMENDMENT. DCC 18.32. Multiple Use Agriculture, is amended to read as described in Exhibit `B", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in tfike�h. PAGE l OF 3 - ORDINANCE NO.2021-004 Section 3. AMENDMENT. DCC 18.66. Terrebonne Rural Community Zoning Districts, is amended to read as described in Exhibit "C", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-ike Section 4. AMENDMENT. DCC 18.67. Tumalo Rural Community Zoning Districts, is amended to read as described in Exhibit "D", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikes. Section 5. AMENDMENT. DCC 18.100. Rural Industrial Zone — R-1, is amended to read as described in Exhibit "E", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfike Section 6. AMENDMENT. DCC 18.108. Urban Unincorporated Community Zone - Sunriver, is amended to read as described in Exhibit "F", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfik�r Section 7. AMENDMENT. DCC 18.116. Supplementary Provisions, is amended to read as described in Exhibit "G", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfik�h. Section 8. FINDINGS. The Board adopts as its findings, Exhibit "H" attached and incorporated by reference herein. PAGE 2 OF 3 - ORDINANCE NO.2021-004 Section 9. EMERGENCY. This Ordinance being necessary to ensure consistency with the "No" vote on Ballot Measure 9-134 and for the immediate preservation of the public peace, health, safety, and welfare, an emergency is declared to exist, and this Ordinance becomes effective immediately. Dated this of , 2021 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: Recording Secretary ANTHONY DEBONE, Chair PHILIP CHANG, Vice Chair PATTI ADAIR Date of 1" Reading: day of , 2021. Date of 2nd Reading: day of 12021. Record of Adoption Vote: Commissioner Yes No Abstained Excused Anthony DeBone Philip Chang Patti Adair Effective date: day of 12021. PAGE 3 OF 3 - ORDINANCE NO.2021-004 Chapter 18.16. EXCLUSIVE FARM USE ZONES 18.16.020. Uses Permitted Outright. 18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 or DCC Section 18.16.042 and a Review Under DCC Chapter 18.124 where applicable. 18.16.020. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: A. Farm use as defined in DCC Title 18. B. Propagation or harvesting of a forest product. C. Operations for the exploration for minerals as defined by ORS 517.750. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732(2)(a) or (b). D. Accessory buildings customarily provided in conjunction with farm use. E. Climbing and passing lanes within the right of way existing as of July 1, 1987. F. Reconstruction or modification of public roads and highways, including the placement of utility facilities overhead and in the subsurface of public roads and highways along the public right of way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new land parcels result. G. Temporary public road and highway detours that will be abandoned and restored to original condition or use when no longer needed. H. Minor betterment of existing public road and highway -related facilities such as maintenance yards, weigh stations and rest areas, within a right of way existing as of July 1, 1987, and contiguous public owned property utilized to support the operation and maintenance of public roads and highways. I. Creation, restoration or enhancement of wetlands. J. A lawfully established dwelling may be altered, restored or replaced, subject to DCC 18.16.023. 1. The replacement dwelling is subject to OAR 660-033-0130(30) and the County shall require as a condition of approval of a single-family replacement dwelling that the landowner for the dwelling sign and record in the deed records for the county a document binding the landowner, and the landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 to 30.937. K. A replacement dwelling to be used in conjunction with farm use if the existing dwelling is listed on the National Register of Historic Places and on the County inventory as a historic property as defined in ORS 358.480, and subject to 18.16.020(J)(1)above. L. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. M. Utility facility service lines. Utility facility service lines are utility lines and accessory facilities or structures that end at the point where the utility service is received by the customer and that are located on one or more of the following: 1. A public right of way; 2. Land immediately adjacent to a public right of way, provided the written consent of all adjacent property owners has been obtained; or 3. The property to be served by the utility. N. The land application of reclaimed water, agricultural process or industrial process water or biosolids, or the onsite treatment of septage prior to the land application of biosolids, for agricultural, horticultural or silvicultural production, or for irrigation in connection with a use allowed in an exclusive farm use zone, subject to the issuance of a license, permit or other approval by the Department of Environmental Quality under ORS 454.695, 459.205, 46813.053 or 468B.055, or in compliance with rules adopted under ORS Chapter 18.16 1 (3/2021) EXHIBIT A TO ORDINANCE NO. 2021-004 46813.095, and with the requirements of ORS 215.246 to 215.251. For the purposes of this section, onsite treatment of septage prior to the land application of biosolids is limited to treatment using treatment facilities that are portable, temporary and transportable by truck trailer, as defined in ORS 801.580, during a period of time within which land application of biosolids is authorized under the license, permit or other approval. O. Fire service facilities providing rural fire protection services. P. Operations for the exploration for and production of geothermal resources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the wellhead. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732(2)(a) or (b). Q. Outdoor mass gathering described in ORS 197.015(10)(d), and subject to DCC Chapter 8.16. R. Composting operations that are accepted farming practices in conjunction with and auxiliary to farm use on the subject tract as allowed under OAR 660-033-0130(29). (C3r�i_2021-004 S 1_, 2021__Ord. 2018-006 §5, 2018; Ord. 2016-015 §2, 2016; Ord. 2014-010 §1, 2014; Ord. 2012-007 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004- 001 §2, 2004; Ord. 2001-039 §1, 2001; Ord. 2001-016 §2, 2001; Ord. 98-030 §1, 1998; Ord. 95-007 §10, 1995; Ord. 92-065 §3, 1992; Ord. 91-038 §§1 and 2, 1991; Ord. 91-024 §1, 1991; Ord. 91-020 §1, 1991; Ord. 91-005 §4, 1991; Ord. 91-002 §3, 1991; Ord. 86-007 §1, 1986; Ord. 81-025 §1, 1981; Ord. 81-001 §1, 1981) 18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 or DCC Section 18.16.042 and a Review Under DCC Chapter 18.124 where applicable. A. Dwellings customarily provided in conjunction with farm use (farm -related dwellings), subject to DCC 18.16.050. B. A relative farm assistance dwelling, subject to DCC 18.16.050. C. Religious institutions or assemblies and cemeteries in conjunction with religious institutions or assemblies consistent with ORS 215.441 and OAR 660-033-0130(2) on non -high value farmland. D. Expansion of an existing church or cemetery in conjunction with a church on the same tract as the existing use, subject to Oregon Administrative Rules 660-033-0130. E. Utility facilities necessary for public service, including wetland waste treatment systems, but not including commercial facilities for the purpose of generating electrical power for public use by sale and transmission towers over 200 feet in height. A utility facility necessary for public service may be established as provided in: 1. DCC 18.16.038(A); or 2. DCC 18.16.038(E) if the utility facility is an associated transmission line, as defined in ORS 469.300. F. Winery, as described in ORS 215.452. G. Farm stands, subject to DCC 18.16.038. H. A site for the takeoff and landing of model aircraft, including such buildings or facilities as may be reasonably necessary. I. A facility for the processing of farm crops, or for the production of biofuel as defined in ORS 315.141, if the facility is located on a farm operation that provides at least one -quarter of the farm crops processed at the facility, or an establishment for the slaughter, processing or selling of poultry or poultry products pursuant to ORS 603.038. 1. If a building is established or used for the processing facility or establishment, the farm operator may not devote more than 10,000 square feet of floor area to the processing facility or establishment, exclusive of the floor area designated for preparation, storage or other farm use . 2. A processing facility or establishment must comply with all applicable siting standards but the standards shall not be applied in a manner that prohibits the siting of the processing facility. Chapter 18.16 2 (3/2021) EXHIBIT A TO ORDINANCE NO. 2021-004 3. The County shall not approve any division of a lot or parcel that separates a processing facility or establishment from the farm operation on which it is located. J. Agri -tourism and other commercial events and activities subject to DCC 18.16.042. K. Dog training classes or testing trials conducted outdoors or in farm buildings that existed on January 1, 2013, when: 1. The number of dogs participating in training does not exceed 10 per training class and the number of training classes to be held on -site does not exceed six per day; and 2. The number of dogs participating in a testing trial does not exceed 60 and the number of testing trials to be conducted on -site does not exceed four per calendar year. (C3z_ci_7,021-004 61 _20Z.1 Ord. 2020-001 §3, 2020; Ord. 2016-015 §2, 2016; Ord. 2014-010 §1, 2014; Ord. 2012-007 §2, 2012; Ord. 2012-004 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2008- 001 §2, 2008; Ord. 2004-001 §2, 2004) Chapter 18.16 3 (3/2021) EXHIBIT A TO ORDINANCE NO.2021-004 Chapter 18.32. MULTIPLE USE AGRICULTURAL ZONE - MUA 18.32.030. Conditional Uses Permitted. 18.32.030. Conditional Uses Permitted. The following uses may be allowed subject to DCC 18.128: A. Public use. B. Semipublic use. C. Commercial activities in conjunction with farm use. The commercial activity shall be associated with a farm use occurring on the parcel where the commercial use is proposed. The commercial activity may use, process, store or market farm products produced in Deschutes County or an adjoining County. D. Dude ranch. E. Kennel and/or veterinary clinic. F. Guest house. G. Manufactured home as a secondary accessory farm dwelling, subject to the requirements set forth in DCC 18.116.070. H. Exploration for minerals. I. Private parks, playgrounds, hunting and fishing preserves, campgrounds, motorcycle tracks and other recreational uses. J. Personal use landing strip for airplanes and helicopter pads, including associated hangar, maintenance and service facilities. No aircraft may be based on a personal -use landing strip other than those owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may be granted through waiver action by the Aeronautics Division in specific instances. A personal use landing strip lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable regulations of the Aeronautics Division. K. Golf courses. L. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. M. A facility for primary processing of forest products, provided that such facility is found to not seriously interfere with accepted farming practices and is compatible with farm uses described in ORS 215.203(2). Such a facility may be approved for a one-year period which is renewable. These facilities are intended to be only portable or temporary in nature. The primary processing of a forest product, as used in DCC 18.32.030, means the use of a portable chipper or stud mill or other similar method of initial treatment of a forest product in order to enable its shipment to market. Forest products, as used in DCC 18.32.030, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located. N. Destination resorts. O. Planned developments. P. Cluster developments. Q. Landfills when a written tentative approval by the Department of Environmental Quality (DEQ) of the site is submitted with the conditional use application. R. Time-share unit or the creation thereof. S. Hydroelectric facility, subject to DCC 18.116.130 and 18.128.260. T. Storage, crushing and processing of minerals, including the processing of aggregate into asphaltic concrete or Portland cement concrete, when such uses are in conjunction with the maintenance or construction of public roads or highways. U. Bed and breakfast inn. Chapter 18.32 (3/2021) EXHIBIT B TO ORDINANCE NO. 2021-004 V. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland subject to DCC 18.120.050 and 18.128.270. W. Religious institutions or assemblies, subject to DCC 18.124 and 18.128.080. X. Private or public schools, including all buildings essential to the operation of such a school. Y. Utility facility necessary to serve the area subject to the provisions of DCC 18.124. Z. Cemetery, mausoleum or crematorium. AA. Commercial horse stables. BB. Horse events, including associated structures, not allowed as a permitted use in this zone. CC. Manufactured home park or recreational vehicle park on a parcel in use as a manufactured home park or recreational vehicle park prior to the adoption of PL-15 in 1979 and being operated as of June 12, 1996, as a manufactured home park or recreational vehicle park, including any expansion of such uses on the same parcel, as configured on June 12, 1996. DD.A new manufactured home/recreational vehicle park, subject to Oregon Administrative Rules 660-004-0040(7)(g) that: 1. Is on property adjacent to an existing manufactured home/recreational vehicle park; 2. Is adjacent to the City of Bend Urban Growth Boundary; and 3. Has no more than 10 dwelling units. EE. The full or partial conversion from a manufactured home park or recreational vehicle park described in DCC 18.32.030 (CC) to a manufactured home park or recreational vehicle park on the same parcel, as configured on June 12 1996. FF. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). GG. Guest lodge. HH. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. I -✓psi {: r� �ti 4i, .: E_? j ei «fd3 } <� is a =33 ' 418 l—rC3 J 32-( - (�3rd'0I s Ord. 2020-001 §4, 2020; Ord. 2016-015 §3, 2016; Ord. 2015-002 §1, 2015; Ord. 2009-018 § 1, 2009; Ord. 2004-002 §4, 2004; Ord. 2001-039 §2, 2001; Ord. 2001-016 §2, 2001; Ord. 97-063 §3, 1997; Ord. 97-029 §2, 1997; Ord. 97-017 §2, 1997; Ord. 96-038 §1, 1996; Ord. 94-053 §2, 1994; Ord. 94-008 §11, 1994; Ord. 93-043 §§4A and B, 1993; Ord. 92-055 §2, 1992; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 90-014 §§27 and 35, 1990; Ord. 91-005 §§19 and 20, 1991; Ord. 91-002 §7, 1991; Ord. 86-018 §7, 1986; Ord. 83-033 §2, 1983; Ord. 80-206 §3, 1980) Chapter 18.32 (3/2021) EXHIBIT B TO ORDINANCE NO.2021-004 Chapter 18.66. TERREBONNE RURAL COMMUNITY ZONING DISTRICTS 18.66.040. Commercial (TeC) District. 18.66.050. Commercial -Rural (TeCR) District. 18.66.040. Commercial (TeC) District. The Terrebonne Commercial District is intended to allow a range of commercial and limited industrial uses to serve the community and surrounding rural area. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling or two-family on a lot or parcel existing on June 4, 1997. 2. Manufactured home on a lot or parcel existing on June 4, 1997, subject to DCC 18.116.070. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.66.070 and 18.116.230. 5. Class III road or street project. 6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116 and 18.1248: 1. A building or buildings not exceeding 4,000 square feet of floor space to be used by any combination of the following uses: a. Retail or service business. b. Eating or drinking establishment. c. Offices. d. Veterinary clinic and kennel entirely within an enclosed building. e. Residential use in the same building as a use permitted by DCC 18.66.040(B)(1). f. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 2. Any of the uses allowed under DCC 18.66.040 proposing to occupy more than 4,000 square feet of floor area in a building or buildings, subject to provisions of DCC 18.66.040(E). 3. Child care facility and/or preschool. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128: 1. Motel, with a maximum of 35 units, only if served by a community sewer system as defined in OAR 660-22-010(2). 2. Recreational vehicle park. 3. Religious institutions or assemblies. 4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 5. Public or private school. 6. Park. 7. Public or semi-public building. 8. Medical center in a building or buildings not exceeding 4,000 square feet of floor space. 9. Utility facility. 10. Water supply or treatment facility. 11. Vehicle and trailer sales, service, repair or rental in a building or buildings not exceeding 4,000 square feet of floor space. Chapter 18.66 1 (3/2021) EXHIBIT C TO ORDINANCE NO. 2021-004 12. Uses listed below carried on in a building or buildings not exceeding 4,000 square feet of floor space with no exterior displays or storage of industrial equipment, industrial vehicles or industrial products: a. Manufacturing and production. b. Wholesale sales. c. Mini -storage. 13. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 14. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. -1-61__7. Marijuana retailing, subject to the provisions of DCC 18.116 330. D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.66.040(B) and (C)• 1. Sewer and Water Requirements. Applicant must obtain approval for an on -site sewage disposal system, or if applicable, obtain a Department of Environmental Quality (DEQ) Waste Water Pollution Control Facility (WPCF) permit before approval or as condition of approval of the land use permit. 2. The County shall notify the Terrebonne Domestic Water District of land use actions made under DCC 18.66. E. Requirements for Large Scale Uses. 1. All uses listed in DCC 18.66.040(B) and 18.66.040(C)(9) may have a total building floor area exceeding 4,000 square feet if the Planning Director or Hearings Body finds: a. The use is intended to serve the community and surrounding rural area or the travel needs of people passing through the area; b. The use will primarily employ a work force from the community and surrounding rural area; and c. It is not practical to locate the use in a building or buildings with floor area of 4,000 square feet or less. 2. For purposes of DCC 18.66.040, the surrounding rural area includes the area described by the Terrebonne zip code, which extends south to the boundary of the Redmond zip code, west to the boundary of the Sisters zip code, east into Crook County to the boundary of the Prineville zip code and north into Jefferson County to include Crooked River Ranch. F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to all new commercial buildings in the TeC District except those containing uses listed in DCC 18.66.040(C)(13). The provisions of DCC 18.124 also apply. 1. The window area shall equal at least 50 percent of the length and 25 percent of the height of the ground level wall area. Ground level wall area includes all exterior wall area up to nine feet above the finished grade. The window requirement applies to the ground level of exterior building walls that abut sidewalks or roads. 2. Required window areas shall be windows that allow views into either working areas, lobbies, pedestrian entrances or display windows. G. Lot Requirements. Minimum size requirements for this district will be determined by spatial requirements for on -site sewage disposal, required landscaped areas and off-street parking. No lot or parcel shall be created of less than a minimum of 10,000 square feet. H. Dimensional Standards. Lot Coverage. No lot coverage requirements, provided spatial requirements for parking, sewage disposal and landscaping are satisfied. I. Yard Standards. 1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070(D)(3). Chapter 18.66 2 (3/2021) EXHIBIT C TO ORDINANCE NO.2021-004 The street setback for buildings may be reduced, but not increased, to the average building setback distance of existing buildings on adjoining lots. 2. Side Yard. No requirement, subject to DCC 18.66.040(I)(4). 3. Rear Yard. No specific requirements, subject to DCC 18.66.040(I)(4). 4. Exceptions to Yard Standards. a. Lot line adjacent to a residential district. Any new structure requiring a building permit sited on a lot adjacent to a residential district shall be set back a minimum of 15 feet from the common property line. The required yard shall be increased by one foot for each foot by which the building height exceeds 20 feet. b. Lot line adjacent to an EFU zone. Any new structure requiring a building permit on a lot or parcel adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. (Ord. 20,21.-ON �3_, 21021_;Ord. 2020-010 §3, 2020; Ord. 2020-001 §7, 2020; Ord. 2016-015 §5, 2016; Ord. 2015-004 §3, 2015; Ord. 2004-002 §15, 2004; Ord. 97-063 §3, 1997; Ord. 97-003 §2, 1997) 18.66.050. Commercial -Rural (TeCR) District. The Terrebonne Commercial -Rural District allows a mix of commercial and industrial uses common to a farming community. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling on a lot or parcel existing on June 4, 1997. 2. Manufactured home on a lot or parcel existing on June 4, 1997, subject to DCC 18.116.070. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.66.070 and 18.116.230. 5. Glass III road or street project. 6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116 and 18.124: 1. A building or buildings not exceeding 4,000 square feet of floor space to be occupied by any combination of the following uses: a. Retail or service business. b. Eating or drinking establishment. c. Office. d. Residential use in the same building as a use listed in DCC 18.66.050. e. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 2. Any of the uses listed under DCC 18.66.050(B) proposing to occupy more than 4,000 square feet of floor area in a building or buildings, subject to provisions of DCC 18.66.050(E). C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128: 1. Religious institutions or assemblies. 2. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 3. Park. 4. Public or semi-public building. 5. Utility facility. 6. Water supply or treatment facility. 7. Vehicle and trailer sales, service, repair and rental in a building or buildings not exceeding 4,000 square feet of floor area. Chapter 18.66 3 (3/2021) EXHIBIT C TO ORDINANCE NO.2021-004 8. Uses listed below carried on in a building or buildings not exceeding 10,000 square feet of floor space to be occupied by any combination of the following uses: a. Manufacturing or production. b. Wholesale sales. c. Mini -storage. d. Truck terminal. e. Farm or contractor equipment storage, sales, service or repair. f. Uses that require proximity to rural resources, as defined in OAR 660-04-022- (3)(a). 9. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 10. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. i .1 i-1... Marijuana retailing, subject to the provisions of DCC 18.116.330. D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.66.050(B) and (C). 1. Sewer and Water Requirements. a. Applicant must obtain approval for an on -site sewage disposal system, or if applicable, obtain a Department of Environmental Quality (DEQ) Waste Water Pollution Control Facility (WPCF) permit before approval or as condition of approval of the land use permit. b. The County shall notify the Terrebonne Domestic Water District of land use actions made under DCC 18.66. 2. Compatibility. a. Any use on a lot adjacent to a residential district shall not emit odor, dust, fumes, glare, flashing lights, noise, or similar disturbances perceptible without instruments more than 200 feet in the direction of the affected residential lot. b. Any use expected to generate more than 50 truck -trailer, contractors and/or farm heavy equipment trips per day to and from the subject property shall not locate on a lot or parcel adjacent to or across a local or collector road from a lot or parcel in a residential district. c. No use shall be permitted that has been declared a nuisance by state statute, County ordinance or a court of competent jurisdiction. d. No use requiring an air containment discharge permit shall be approved by the Planning Director or Hearings Body before review by the applicable state or federal permit -reviewing authority. Such uses shall not be located adjacent to or across a local or collector road from a lot or parcel in a residential district. 3. Traffic and Parking. a. A use that generates more than 20 auto or truck trips during the peak hour of the day to and from the premises shall document with facts that the affected transportation facilities are adequate to serve the proposed use, considering the functional classification, capacity and level of service of the affected transportation facility. b. All parking demand generated by uses permitted by DCC 18.66 shall be accommodated entirely on the premises. c. Site design shall not require backing of traffic onto a public or private road right-of-way. 4. Additional Requirements. As a condition of approval of any use proposed, the Planning Director or Hearings Body may require: a. An increased setback requirement. b. Additional off-street parking and loading facilities. c. Limitations on signs, lighting, hours of operation and points of ingress and egress. d. Additional landscaped buffering and screening improvements. E. Requirements for Large Scale Uses. Chapter 18.66 4 (3/2021) EXHIBIT C TO ORDINANCE NO.2021-004 1. All uses listed in DCC 18.66.050(B) may be allowed to occupy a total floor area exceeding 4,000 square feet if the Planning Director or Hearings Body finds: a. The use is intended to serve the community and surrounding rural area or the traveling needs of people passing through the area; b. The use will primarily employ a work force from the community and surrounding rural area; and c. It is not practical to contain the proposed use within 4,000 square feet of floor area. 2. This provision does not apply to uses listed in DCC 18.66.050(C)(8). 3. For purposes of DCC 18.66.050(E), the surrounding rural area described by the Terrebonne zip code, which extends south to the boundary of the Redmond zip code, west to the boundary of the Sisters zip code, east into Crook County to the boundary of the Prineville zip code and north into Jefferson County to include Crooked River Ranch. F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to all new commercial buildings in the TeCR District except those containing uses listed in DCC 18.66.050(C)(8). The provisions of DCC 18.124 also apply. 1. The window area shall be at least 50 percent of the length of the ground level wall area and 25 percent of height of the ground level wall area. Ground level wall area includes all exterior wall area up to nine feet above the finished grade. The window requirement applies to the ground level of exterior building walls that abut sidewalks or roads. 2. Required window areas shall be windows that allow views into either working areas, lobbies, pedestrian entrances or display windows. G. Lot Requirements. No lot shall be created less than a minimum of 10,000 square feet. Lot requirements for this district shall be determined by spatial requirements for sewage disposal, required landscaped areas and off-street parking. H. Dimensional Standards. 1. Lot Coverage: No lot coverage requirements, provided spatial requirements for parking, sewage disposal and landscaping are satisfied. 2. No use listed in DCC 18.66.050(C)(8) that is located adjacent to or across a local or collector road from a lot or parcel in a residential district shall exceed 70 percent lot coverage by all buildings, outside storage or off-street parking and loading areas. I. Yard Standards. 1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070(D)(3)(b). The street setback for buildings may be reduced, but not increased, to the average building setback distance of existing buildings on adjoining lots. 2. Side Yard. No requirement, subject to DCC 18.66.050(I)(4). 3. Rear Yard. No specific requirement, subject to DCC 18.66.050(I)(4). 4. Exceptions to Yard Standards. a. Lot line adjacent to a residential zone. For all new structures requiring a building permit on a lot adjacent to a residential district, the setback shall be a minimum of 15 feet. The required yard will be increased by one foot for each foot by which the building height exceeds 20 feet. b. Lot line adjacent to an EFU zone. Any structure requiring a building permit on a lot adjacent to EFU-zoned land that is receiving special assessment for farm use, shall be set back a minimum of 100 feet from the common property line. (Ord, 2021 =004 ,�:3 021;_Ord. 2020-001 §7, 2020; Ord. 2016-015 §5, 2016; Ord. 2015-004 §4, 2015; Ord. 2004-002 §16, 2004; Ord. 2001-039 §7, 2001; Ord. 2001-016 §2, 2001; Ord. 97-003 §2, 1997) Chapter 18.66 5 (3/2021) EXHIBIT C TO ORDINANCE NO.2021-004 Chapter 18.67. TUMALO RURAL COMMUNITY ZONING DISTRICTS 18.67.040. Commercial (TuC) District. 18.67.060. Industrial (Tul) District. 18.67.040. Commercial (TuC) District. The Tumalo Commercial District is intended to allow a range of limited commercial and industrial uses to serve the community and surrounding area. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review. 1. Single-family dwelling or duplex. 2. Manufactured home subject to DCC 18.116.070. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Class I and 11 road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.060 and 18.116.230. 5. Class III road or street project. 6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted, Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.67, 18.116 and 18.124: 1. A building or buildings, none of which exceeds 4,000 square feet of floor space to be used by any combination of the following uses: a. Retail or service business. b. Eating and/or drinking establishment. c. Offices. d. Residential use in the same building as a use permitted in DCC 18.67.040. e. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 2. Any of the uses listed under DCC 18.67.040 proposing to occupy more than 4,000 square feet of floor area in a building subject to the provisions of DCC 18.67.040(E). 3. Child care facility and/or preschool. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124, and 18.128: 1. Religious institutions or assemblies. 2. Bed and breakfast inn. 3. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 4. Park. 5. Public or semi-public building. 6. Utility facility. 7. Water supply or treatment facility. 8. Manufactured home/RV park on a parcel in use as a manufactured home park or recreational vehicle park prior to the adoption of PL-15 in 1979 and being operated as of June 12, 1996 as a manufactured home park or recreational vehicle park, including any expansion of such uses on the same parcel as configured on June 12, 1996. 9. The following uses and their accessory uses may be conducted in a building or buildings not to exceed 4,000 square feet of floor space. a. Farm equipment, sales, service or repair. b. Trailer sales, service or repair. c. Vehicle service or repair. Chapter 18.67 1 (3/2021) EXHIBIT D TO ORDINANCE NO. 2021-004 d. Veterinary clinic. 10. The following uses may be conducted in a building or buildings not to exceed 10,000 square feet of floor space: a. Manufacturing or production. b. Wholesale sales. dc. Marijuana retailing, subject to the provisions of DCC 18.116.330. 11. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 12. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.67.040(C)(11). 1. Compatibility. a. Any use expected to generate more than 50 truck -trailer and/or heavy equipment trips per day to and from the subject property shall not be permitted to locate on a lot or parcel adjacent to or across a local or collector street from a lot or parcel in a residential district. 2. Traffic and Parking. a. A use that generates more than 20 auto or truck trips during the peak hour of the day to and from the premises shall document with facts that the affected transportation facilities are adequate to serve the proposed use, considering the functional classification, capacity and level of service of the affected transportation facility. b. All parking demand generated by uses permitted by DCC 18.67 shall be accommodated entirely on the premises. E. Requirements for Large Scale Uses. 1. All uses listed in DCC 18.67.040(B) may have a total floor area exceeding 4,000 square feet but not greater than 10,000 square feet if the Planning Director or Hearings Body finds: a. The use is intended to serve the community and surrounding rural area or the traveling needs of people passing through the area; b. The use will primarily employ a work force from the community and surrounding rural area; and c. It is not practical to contain the proposed use within 4,000 square feet of the floor area. 2. This provision does not apply to uses listed in DCC 18.67.040(C)(10). 3. For the purposes of DCC 18.67.040, the surrounding rural area is described as the following: extending north to the Township boundary between Townships 15 and 16; extending west to the boundary of the public lands managed by the U.S. Forest Service in T16S-RI1E; extending south to the south section lines of T17S-R12E sections 4,5,6 and T17S-RI lE sections 1,2,3; and extending east to Highway 97. F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to new buildings in the TuC district except those uses listed in DCC 18.67.040(C)(10) and any residential use. The provisions of DCC 18.124 also apply. 1. The windows must be at least 50 percent of the length of the ground level wall area and 25 percent of height of the ground level wall area. Ground level wall area includes all exterior wall area up to nine feet above the finished grade. The window requirement applies to the ground level of exterior building walls which abut sidewalks or streets. 2. Required window areas shall be either windows that allow views into working areas, lobbies, pedestrian entrances or display windows. G. Lot Requirements. No lot shall be created having less than a minimum of 10,000 square feet. Lot requirements for this district shall be determined by spatial requirements for sewage disposal, required landscaped areas and off-street parking. H. Dimensional Standards. 1. Lot Coverage: No lot coverage requirements, provided spatial requirements for parking, sewage disposal and landscaping are satisfied. Chapter 18.67 2 (3/2021) EXHIBIT D TO ORDINANCE NO.2021-004 2. No use listed in DCC 18.67.040(C)(10) that is located adjacent to or across a local or collector from a lot or parcel in a residential district shall exceed 70 percent lot coverage by all buildings, outside storage, or off-street parking and loading areas. I. Yard Standards. 1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070 (13)(3). The street setback for buildings may be reduced, but not increased, to the average building setback distance of existing buildings on adjoining lots. 2. Side Yard. No requirement, subject to DCC 18.67.040(I)(4). 3. Rear Yard. No specific requirement, subject to DCC 18.67.040 (I)(4). 4. Exceptions to Yard Standards. a. Lot line adjacent to a residential zone. For all new structures or substantial alteration of a structure requiring a building permit on a lot adjacent to a residential district, the setback shall be a minimum of 15 feet. The required yard will be increased by one foot for each foot by which the building height exceeds 20 feet. b. Lot line adjacent to an EFU zone. Any structure requiring a building permit on a lot adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. (Ord, 20' 1_001 , 2021 _Ord. 2020-010 §4, 2020; Ord. 2020-001 §8, 2020; Ord. 2016-015 §6, 2016; Ord. 2015-004 §5, 2015; Ord. 2004-013 §7, 2004; Ord. 2004-002 §19, 2004; Ord. 2001-039 §8, 2001; Ord. 2001-016 §2, 2001; Ord. 2000-033 §11, 2000; Ord. 97-063 §3, 1997; Ord. 97-033 §2, 1997) 18.67.060. Industrial (TuI) District. The purpose of the Industrial District is to allow a limited range of industrial uses to serve the community and the surrounding area. A. Uses permitted outright. The following uses and their accessory uses are permitted outright: 1. Industrial uses in existence on the date of adoption of the Unincorporated Communities rule, OAR 660-022 (October 28, 1994); 2. Office buildings associated with industrial uses in existence on the date of adoption of the Unincorporated Communities rule, OAR 660-022 (October 28, 1994); 3. Restaurants and cafeteria facilities associated with industrial uses in existence on the date of adoption of the Unincorporated Communities rule, OAR 660-022 (October 28, 1994); 4. Residence for caretaker or night watchman on property with industrial uses in existence on the date of adoption of the Unincorporated Communities rule, OAR 660-022 (October 28, 1994); 5. Equipment storage associated with industrial uses in existence on the date of adoption of the Unincorporated Communities rule, OAR 660-022 (October 28, 1994); 6. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.080 and 18.116.230. 7. Class III road or street project. 8. Operation, maintenance, and piping of existing irrigation systems operated by -an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted, Subject to Site Plan Review. The following uses and their accessory uses are permitted in a building or buildings not to exceed 40,000 square feet of floor area, subject to the applicable provisions of DCC 18.67, 18.116, and 18.124. 1. Expansion or replacement of uses allowed under DCC 18.67.060(A); 2. Office buildings associated with industrial uses; 3. Restaurant and cafeteria facilities associated with industrial uses; 4. Residence for caretaker or night watchman on property with industrial uses; Chapter 18.67 3 (3/2021) EXHIBIT D TO ORDINANCE NO.2021-004 C Ik 5 Equipment storage associated with industrial uses; 6. Primary processing, packaging, treatment, bulk storage and distribution of the following products: a. Agricultural products, including foodstuffs, animal and fish products, and animal feeds. b. Ornamental horticultural products and nurseries. c. Softwood and hardwood products excluding pulp and paper manufacturing. d. Sand, gravel, clay and other mineral products. 7. Freight depot, including the loading, unloading, storage and distribution of goods and materials by railcar or truck; 8. Contractor's or building materials business and other construction -related business including plumbing, electrical, roof, siding, etc.; 9. Welding, sheet metal, or machine shop provided such is wholly enclosed within a building or all outside storage is enclosed by site -obscuring fencing. 10. Mini -storage facility. 11. Manufacturing, storage, sales, rental, repair and servicing of equipment and materials associated with farm and forest uses, logging, road maintenance, mineral extraction, construction or similar rural activities; 12. Any industrial use proposing to occupy more than 40,000 square feet of floor area in a building or buildings is subject to the provisions of DCC 18.67.060(C) and (D). Nr44, Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124, and 18.128: 1. Any use permitted by DCC 18.67.060(B) which will exceed 40,000 square feet of floor area; 2. Concrete or ready mix plant; 3. Stockpiling, storage, crushing and processing of minerals, including the processing of aggregate into asphaltic concrete or Portland Cement Concrete; 4. Buildings, structures, apparatus, equipment and appurtenances necessary for the above uses to be carried on. 13J. 7 ..sc3Si=E3>t rHEC s 4.,` . 4-F',.- 4-6e 7 91 65. Marijuana retailing, subject to the provisions of DCC 18.116.330. Use limitations. The following limitations and standards shall apply to all permitted uses: 1. A new industrial use may occupy more than 40,000 square feet of floor area in a building or buildings provided an analysis set forth in the comprehensive plan demonstrates and land use regulations ensure: a. The use will primarily employ a work force from the community and surrounding rural area and will not rely upon a work force served by uses within urban growth boundaries. The determination of the work force of the community shall consider the total industrial employment in the community and surrounding rural area and be coordinated with employment projections for nearby urban growth boundaries; and b. It is not practical to contain the proposed use within 40,000 square feet of the floor area. 2. For the purposes of DCC 18.67.060, the surrounding rural area is described as the following: extending north to the Township boundary between Townships 15 and 16; extending west to the boundary of the public lands managed by the U.S. Forest Service in T16S-RI1E; extending south to the south section lines of T17S-R12E sections 4,5,6 and T17S-R11E sections 1,2,3; and extending east to Highway 97. Chapter 18.67 4 (3/2021) EXHIBIT D TO ORDINANCE NO.2021-004 E. Dimensional standards. In the Industrial Zone, the following dimensional standards shall apply: 1. The minimum lot size shall be determined subject to the provisions of DCC 18.67.060 relative to setback requirements, off-street parking and loading, and as deemed necessary by the Planning Director or Hearings Body, to maintain air, water and land resource quality and to protect adjoining and area land uses. 2. The minimum building setback between a structure and a street, road or railroad right-of-way line shall be 25 feet unless a greater setback is required for compliance with Comprehensive Plan policies. 3. The minimum setback between a structure and a property line adjoining a residential lot or use in a platted subdivision or residential zone shall be 50 feet. 4. The minimum setback between a structure and an existing use shall be three feet from the property line and six feet from a structure on the adjoining property. 5. The maximum building height shall be 45 feet on any lot adjacent to a residential use or lot in a platted subdivision or residential zone. 6. The minimum lot frontage shall be 50 feet. 7. Exception to Yard Standards. Any new structure requiring a building permit on a lot adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. F. Industrial Site design. The site design of any permitted use shall make the most effective use reasonably possible of the site topography, existing landscaping and building placement so as to preserve existing trees and natural features, preserve vistas and other views from public ways and neighboring residential uses and to minimize intrusion into the character of existing developments in the immediate vicinity of the proposed use. G. Design and use criteria. In the consideration of an application for a new industrial use, the Planning Director or Hearings Body shall take into account the impact of the proposed use on nearby residential and commercial uses, on resource carrying capacities and on the capacity of transportation and other public facilities and services. In approving a proposed use, the Planning Director or Hearings Body shall find that: 1. The new use is in compliance with the Comprehensive Plan. 2. The new use is in compliance with the intent and provisions of DCC Title 18. 3. That any adverse social, economical, physical or environmental impacts are minimized. H. Additional requirements. As a condition of approval, the Planning Director or Hearings Body may require: 1. An increase in required setbacks. 2. Additional off-street parking and loading facilities. 3. Limitations on signs or lighting, hours of operation, and points of ingress and egress. 4. Additional landscaping, screening and other improvements. 5. Any other conditions considered necessary to achieve compliance with the intent and purposes of DCC Title 18 and policies of the Comprehensive Plan. I. For purposes of this chapter, a new industrial use does not include industrial uses in existence on the date of Ord. 2005-16. Unless expanded or altered, industrial uses in existence on the date of adoption of the TUI District are not subject to the requirements of 18.67.060(B) or 18.67.060(C). (Ord. 20_7 } m00_4 _§j Mj ;_Ord. 2016-015 §6, 2016; Ord. 2015-004 §6, 2015; Ord. 2005-016 §2, 2005) Chapter 18.67 5 (3/2021) EXHIBIT D TO ORDINANCE NO.2021-004 Chapter 18.100. RURAL INDUSTRIAL ZONE - R-I 18.100.010. Uses Permitted Outright. 18.100.020. Conditional Uses. 18.100.010. Uses Permitted Outright. In an R-I Zone, the following uses and their accessory uses are permitted outright except as limited by DCC 18.100.040, and unless located within 600 feet from a residential dwelling, a lot within a platted subdivision or a residential zone. A. Farming or forest use. B. Primary processing, packaging, treatment, bulk storage and distribution of the following products: 1. Agricultural products, including foodstuffs, animal and fish products, and animal feeds. 2. Ornamental horticultural products and nurseries. 3. Softwood and hardwood products excluding pulp and paper manufacturing. 4. Sand, gravel, clay and other mineral products. C. Residence for caretaker or night watchman on property. D. Freight Depot, including the loading, unloading, storage and distribution of goods and materials by railcar or truck. E. Contractor's or building materials business and other construction -related business including plumbing, electrical, roof, siding, etc., provided such use is wholly enclosed within a building or no outside storage is permitted unless enclosed by sight -obscuring fencing. F. Ice or cold storage plant. G. Wholesale distribution outlet including warehousing, but excluding open outside storage. H. Welding, sheet metal or machine shop provided such is wholly enclosed within a building or all outside storage is enclosed by sight -obscuring fencing. I. Kennel or a Veterinary clinic. J. Lumber manufacturing and wood processing except pulp and paper manufacturing. K. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. L. Class III road or street project. M. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18 120.050. (Qrd 0 ? 1 004 5 20 1.; Ord. 2016-015 §8, 2016; Ord. 2015-004 §8, 2015; Ord. 2002-126, §1, 2002; Ord. 2001-039 §12, 2001; Ord. 2001-016 §2, 2001; Ord. 93-043 §16, 1993; Ord. 91-038 §1, 1991) 18.100.020. Conditional Uses. The following uses may be allowed subject to DCC 18.128: A. Any use permitted by DCC 18.100.010, which is located within 600 feet of a residential dwelling, a lot within a platted subdivision or a residential zone. B. Any use permitted by DCC 18.100.010, which involves open storage. C. Concrete or ready -mix plant. D. Petroleum products storage and distribution. E. Storage, crushing and processing of minerals, including the processing of aggregate into asphaltic concrete or Portland Cement Concrete. F. Commercial feedlot, stockyard, sales yard, slaughterhouse and rendering plant. G. Railroad trackage and related facilities. Chapter 18.100 1 (3/2021) EXHIBIT E TO ORDINANCE NO.2021-004 H. Pulp and paper manufacturing. I. Any use permitted by DCC 18.100.010, which is expected to exceed the following standards: 1. Lot coverage in excess of 70 percent. 2. Generation of any odor, dust, fumes, glare, flashing lights or noise that is perceptible without instruments 500 feet from the property line of the subject use. J. Manufacture, repair or storage of articles manufactured from bone, cellophane, cloth, cork, feathers, felt, fiber, glass, stone, paper, plastic, precious or semiprecious stones or metal, wax, wire, wood, rubber, yarn or similar materials, provided such uses do not create a disturbance because of odor, noise, dust, smoke, gas, traffic or other factors. K. Processing, packaging and storage of food and beverages including those requiring distillation and fermentation. L. Public Landfill Transfer Station, including recycling and other related activities. M. Mini -storage facility. N. Automotive wrecking yard totally enclosed by a sight -obscuring fence. O. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). P. Utility facility. Q. Manufacturing, storage, sales, rental, repair and servicing of equipment and materials associated with farm and forest uses, logging, road maintenance, mineral extraction, construction or similar rural activities. R. Electrical substations. S. Marijuana retailing, subject to the provisions of DCC 18.116.330 T. �i =1f ilr-0 3i lE. sF ir3 �i f E r�,k � C€-0f'i s tz F� ,'.s ii i tE3 �i f -0<;k s E ri: i. 9'4'1-("- T� Jdk Vic, rii i:)t`sel l-e --tVu:'3 i (Qrd, 2021-00�1 6., 202._1-- Ord. 2018-006 § 12, 2018; Ord. 2016-015 §8, 2016; Ord. 2004-013, § 10, 2004; Ord. 2002-126, §1, 2002; Ord. 2001-039 §12, 2001; Ord. 2001-016 §2, 2001; Ord. 97-063 §3, 1997; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 90-014 §38, 1990; Ord. 86-018 §15, 1986) Chapter 18.100 2 (3/2021) EXHIBIT E TO ORDINANCE NO.2021-004 Chapter 18.108. URBAN UNINCORPORATED COMMUNITY ZONE - SUNRIVER 18.108.110. Business Park— BP District. 18.108.110. Business Park - BP District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. Residential uses existing as of March 31, 1997. 2. Administrative, educational and other related facilities in conjunction with a use permitted outright. 3. Library. 4. Recreational path. 5. Post office. 6. Religious institutions or assemblies. 7. Child care facilities, nurseries, and/or preschools. 8. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of: Retail/rental store, office and service establishment, including but not limited to the following: a. Automobile, motorcycle, boat, recreational vehicle, trailer or truck sales, rental, repair or maintenance business, including tire stores and parts stores. b. Agricultural equipment and supplies. c. Car wash. d. Contractor's office, including but not limited to, building, electrical, plumbing, heating and air conditioning, painter, etc.. e. Construction equipment sales, rental and/or service. f. Exterminator services. g. Golf cart sales and service. h. Lumber yard, home improvement or building materials store. i. Housekeeping and janitorial service. j. Dry cleaner and/or self-service laundry facility. k. Marine/boat sales and service. 1. Restaurant, bar and cocktail lounge including entertainment. �7/i%yn='4=(j/ C fi"YJ% l'. "$."t _ ."C'Y' 33`0-.. gjji. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 9. A building or buildings each not exceeding 20,000 square feet of floor space housing any combination of: a. Scientific research or experimental development of materials, methods or products, including engineering and laboratory research. b. Light manufacturing, assembly, fabricating or packaging of products from previously prepared materials, including but not limited to cloth, paper, leather, precious or semi-precious metals or stones, etc. c. Manufacture of food products, pharmaceuticals and the like, but not including the production of fish or meat products, or the rendering of fats and oils. d. Warehouse and distribution uses in a building or buildings each less than 10,000 square feet of floor area. 10. Employee housing structures. Chapter 18.108 1 (3/2021) EXHIBIT F TO ORDINANCE NO.2021-004 B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit: 1. Public buildings and public utility structures and yards, including railroad yards. 2. A dwelling unit for a caretaker or watchman working on a developed property. 3. Law enforcement detention facility. 4. Parking lot. 5. Radio and television broadcast facilities. 6. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of. a. Bowling alley. b. Theater. c. Veterinary clinic and/or kennel. �--xd. Marijuana retailing, subject to the provisions of DCC 18.116.330. 7. A building or buildings each not exceeding 20,000 square feet of floor space housing any combination Of. a. Warehouses and distribution uses in a building or buildings exceeding 10,000 square feet of floor area. b. Distillery and beer/ale brewing facility, including wholesale sales thereof. c. Self/mini storage. d. Trucking company dispatch/terminal. e. Solid waste/garbage operator, not including solid waste disposal or other forms of solid waste storage or transfer station. C. Use Limits. The following limitations and standards shall apply to uses listed in DCC 18.108.110(A) or (B): 1. A use expected to generate more than 30 truck -trailer or other heavy equipment trips per day to and from the subject property shall not be permitted to locate on a lot adjacent to or across the street from a lot in a residential district. 2. Storage, loading and parking areas shall be screened from residential zones. 3. No use requiring air contaminant discharge permits shall be approved by the Planning Director or Hearings Body prior to review by the applicable state or federal permit reviewing authority, nor shall such uses be permitted adjacent to or across the street from a residential lot. D. Special Requirements for Large Scale Uses. Any of the uses listed in DCC 18.108.110(A)(6) or (B)(6) may be allowed in a building or buildings each exceeding 8,000 square feet of floor space if the Planning Director or Hearings Body finds: 1. That the intended customers for the proposed use will come from the community and surrounding rural area, or the use will meet the needs of the people passing through the area. For the purposes of DCC 18.108.110, the surrounding rural area shall be that area identified as all property within five miles of the boundary of the Sunriver Urban Unincorporated Community; 2. The use will primarily employ a work force from the community and surrounding rural area; and 3. That it is not practical to locate the use in a building or buildings under 8,000 square feet of floor space. E. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 45 feet in height. F. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. Each lot shall have a minimum depth of 100 feet. 4. Front Yard. The front yard shall be a minimum of 25 feet. Chapter 2 (3/2021) 18.108 EXHIBIT F TO ORDINANCE NO.2021-004 5. Side Yard. No side yard required, except when adjoining a lot in an RS or RM District and then the required side yard shall be 50 feet. No side yards are required on the side of a building adjoining a railroad right of way. 6. Rear Yard. No rear yard required, except when adjoining a lot in an RS or RM District and then the rear yard shall be 50 feet. No rear yard is required on the side of a building adjoining a railroad right of way. 7. Lot Coverage. The maximum lot coverage by buildings and structures shall be 50 percent of the total lot area. G. Special Requirements for Employee Housing 1. The following definitions shall apply to DCC 18.108.110(A)(10): "Employee" shall mean a person who earns a living by working in the hospitality, food and beverage, outdoor recreation or tourism industry (i) in or within two (2) miles of the Sunriver Urban Unincorporated Community Boundary, or (ii) at Mt. Bachelor Ski and Summer Resort. "Employer" shall mean a person or entity who employs at least 50 full- or part-time Employees, as defined above, within the Sunriver Urban Unincorporated Community. "Employee Housing Structure" shall mean a dormitory or similar dwelling structure whose sole purpose is to serve the housing needs of Employees, and the occupancy of which is restricted to Employees. For the purposes of this section, "dormitory" is defined as a building primarily providing sleeping and residential quarters for large numbers of people, and may include common areas and kitchen facilities. 2. Employee's spouse, partner and minor children shall only be allowed if compelled by either state or federal law. 3. Employee Housing Structures must be owned and operated by an Employer. 4. Employees, as defined above, who are not employed by an Employer, as defined above, shall only be permitted to reside in an Employee Housing Structure if the Employee's employer has a signed housing agreement with the Employer operating the Structure. 5. Parking Requirements. Employee Housing Structures must provide as a minimum one vehicular parking space for every 3 beds provided, and bicycle parking for at least one space for every two beds provided. a. For Employee Housing Structures constructed in one or more phases, the parking requirements may be reduced to no fewer than one space for every six beds if the applicant demonstrates at the time of site plan approval that a lesser parking ratio will continue to provide adequate parking as required by DCC 18.116.030(D)(9). 20 21 004_yE6 2021._Ord. 2020-001 §12, 2020; Ord. 2020-004 §1, 2020; Ord. 2019-008 §1, 2019; Ord. 2016-015 §9, 2016; Ord. 2015-004 §9; 2015; Ord. 2012-002 § 1, 2012; Ord. 97-078 §2, 1997) Chapter 18.108 3 (3/2021) EXHIBIT F TO ORDINANCE NO.2021-004 Chapter 18.116. SUPPLEMENTARY PROVISIONS 18.116.330 Marijuana Production, Processing, a-n Retailing,.:a1#g1 Ndl1()�€w 18.116.340 Marijuana Production Registered by the Oregon Health Authority (OHA) 18.116.330. Marijuana Production, Processing, n -Retailing ,Md lhr ilo�a aun A. Applicability. Section 18.116.330 applies to: 1. Marijuana Production in the EFU, MUA-10, and RI zones=slibiec_t to a land ti:_ _i enilit <t171 iicd for fronl,}uly 1 016 t<afelt 31, 2021 1actUal cite `[BD as it will be the ef1`e _ti ;e data of the Ordiriiaart, e adoflts_ tliis proposed text tf11£Viidnieral, so loi7e� a_,,aid,�7eicllit v,as t€2171_ovcd_atid di t.iscr�� ts._iiiiti ited ptiisti_m to € (.'C - )6 _l�ew 1 ti�cl usr 1lcanits for 111ariluala_1Noduc0011 in, aforcaiei-itaogedd zones are t i ollibitcd, bv O diiianc e No. 2021-00/1 2;-..__Marijuana Processing in the EFU, MUA-10, TeC, TeCR, TuC, TuI, RI, and SUBP zones,. slibiect_to a l "iid usctlerilli,t_"IDDfied fc�l_.fzc}_sn it.il�_._1 2016 to March �1 .2021.laCtual date 111) as it. be die effective,date ofthe Ordinance 1d t111 tbis_i)_ot)os d text ai-imidiiie il <o 1Qi-i is said }ierlilit •is_ttls}1ioN/cd rind Ili_t >ise was illiti,ated mirsi am to �( Nc\y laiid use pcniiiIs lot- i11tf61-0111clitiolled Zoiles are prop-6biled,b Orrliiiin£ e No ?021_00i 3. Marijuana Retailing in the RSC, TeC, TeCR, TuC, TuI, RC, RI, SUC, SUTC, and SUBP zones. 4. Marijuana Wholesaling in the RSC, TeC, TeCR, TuC, RC, SUC, and SUBP zones. B. C011tiIILied it al'iiWilla lxodttction.. liid.nt riiii,tiia process iiig So_Ioil t3 as Ili_c_�c iniii:.. \,as 31-(;7roticci iu7rt die nsr i _iti iT7ti(_i_ ed € i-irstiant to D C 72_ 6 inalliuliia puduCtiOn arid processing, `i lbiCd to landtise pern1tts applied foafloiii1i.ily 1_, 2016 to Mardi 2021_Factual date'l-BDis_it_will . be the effective date of the text an.ien£llnenl.] may contiiale as — Ilot co>_Ijotinill�1 uses s otlIstlalit I }fit 18.120.010. 1111or to I'lle initiation ot_ibc tisez, lid kIlid liti _f��1mm111it5 i 1ty of l� be n)odif ie d 17ur4[i iltt_to 'di criteria it_c st hlistied bv DC'C _?_? 1y< 040 Modificttiori_af Appro\ il.!%_cli, nl-) _iii owile 71li-17 oi'a prs�pqty l 3 _ior t11 ti t(uana 1�i_adu_ction_ot }note sine_, ar a cJ�ang it1, owilersllil) of_a }1u,ille_ss c ngat cad ill ittiita�lttx«ditctiOil 0I DI.0CCSSintf11,111_nc�t be deuiricd a_c11 i ig)e, o{ ciiettrit5ttuces recit.11 int-, a 111odificatioli of of t roVa} 17i1_isnlnt to Df C 12._ 6.0 0 or ail �dtcratloii oft nonCoiiforrl'lili�l rise.,1)tn-scjanao l�C't;, 1 � 120_010_le_chaiiiie illloc_atiorl {03 1 ililii..ht ir1�i_�r�xlncPio�t ��_ (iio cs iIIR uyc_is >1rolithit d_17y,I)('E; _1 f ..i?0.010 anti 1 CC?_ , tG (}lU as_zl»'[_oc.ltioil ----- �till_batc area c_r adverse Ill 7€1a£•t._oti the nei-,lil1£}t•11ood aiid/or sig}iiiicant additioiiai ii-imacis �Lnst.irrc�und'n )tL7 rties_III additioi1 to coiidittow; of approytl sp ci,ficd.i.>>,� h.l._ln l_usc f)g]i ii the foiloti�ila. l stai-idards s11a govern contimi aaed inat-iiiia. prodtction aildi�ic<Qsi11�>: c t=i1 iziiii }i <3f€ f isiti il' tfi } 3 i .Wai-I }7 i� i d �'E Skzz'1i§E itc.`ti�r �f€ l i§ j9:f ii?it f E} E 'sct3 €1ii1i be `'u f C 1-tE t%ti fi.'Alo ili .StaIfc- lldr'r— Id-e 6 wi'%a: 1. Minimum Lot Area. a. In the EFU and MUA-10 zones, the subject legal lot of record shall have a minimum lot area of five (5) acres. 2. Indoor Production and Processing. a. In the MUA-10 zone, marijuana production and processing shall be located entirely within one or more fully enclosed buildings with conventional or post framed opaque, rigid walls and roof covering. Use of greenhouses, hoop houses, and similar non -rigid structures is prohibited. Chapter 18.116 (3/2021) EXHIBIT G TO ORDINANCE NO.2021-004 b. In the EFU zone, marijuana production and processing shall only be located in buildings, including greenhouses, hoop houses, and similar structures. c. In all zones, marijuana production and processing are prohibited in any outdoor area. 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 or greater 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. 4. Maximum Building Floor Area. In the MUA-10 zone, the maximum building floor area used for all activities associated with marijuana production and processing on the subject property shall be: 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: 5,000 square feet. 5. 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. 6. Setbacks. The following setbacks shall apply to all marijuana production and processing areas and buildings: a. Minimum Yard Setback/Distance from Lot Lines: 100 feet. b. Setback from an off -site dwelling: 300 feet. 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. c. 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. 7. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1,000 feet from: i. 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; and Chapter 18.116 (3/2021) EXHIBIT G TO ORDINANCE NO.2021-004 iv. National monuments and state parks. b. For purposes of DCC 18.116.330(B)(7), all distances shall be measured from the lot line of the affected properties listed in DCC 18.116.330(B)(7)(a) to the closest point of the buildings and land area occupied by the marijuana producer or marijuana processor. c. A change in use of another property to those identified in DCC 18.116.330(B)(7) shall not result in the marijuana producer or marijuana processor being in violation of DCC 18.116.330(B)(7) if the use is: i. Pending a local land use decision; ii. Licensed or registered by the State of Oregon; or iii. Lawfully established. 8. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana plants shall comply with the following standards. a. Have frontage on and legal direct access from a constructed public, county, or state road; or b. Have access from a private road or easement serving only the subject property. c. If the property takes access via a private road or easement which also serves other properties, the applicant shall obtain written consent to utilize the easement or private road for marijuana production access from all owners who have access rights to the private road or easement. The written consent shall: i. Be on a form provided by the County and shall contain the following information; ii. Include notarized signatures of all owners, persons and properties holding a recorded interest in the private road or easement; iii. Include a description of the proposed marijuana production or marijuana processing operation; and iv. Include a legal description of the private road or easement. 9. 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 7:00 p.m. to 7:00 a.m. on the following day. 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. 10. Odor. As used in DCC 18.116.330(B)(10), building means the building, including greenhouses, hoop houses, and other similar structures, used for marijuana production or marijuana processing. a. The building shall be equipped with an effective odor control system which must all times prevent unreasonable interference of neighbors' use and enjoyment of their property. b. An odor control system is deemed permitted only after the applicant submits a report by a mechanical engineer licensed in the State of Oregon demonstrating that the system will control odor so as not to unreasonably interfere with neighbors' use and enjoyment of their property. c. Private actions alleging nuisance or trespass associated with odor impacts are authorized, if at all, as provided in applicable state statute. d. The odor control system shall: i. Consist of one or more fans. The fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the required CFM; or Chapter 18.116 (3/2021) EXHIBIT G TO ORDINANCE NO.2021-004 ii. Utilize an alternative method or technology to achieve equal to or greater odor mitigation than provided by (i) above. e. The system shall be maintained in working order and shall be in use. 11. Noise. Noise produced by marijuana production and marijuana processing shall comply with the following: a. Sustained noise from mechanical equipment used for heating, ventilation, air condition, odor control, fans and similar functions shall not exceed 30dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. b. Sustained noise from marijuana production is exempt from protections of DCC 9.12 and ORS 30.395, Right to Farm. Intermittent noise for accepted farming practices is permitted. 12. 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. Subject to 18.84, Landscape Management Combining Zone approval, if applicable. b. Fencing 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. 13. Water. The applicant shall provide: a. A copy of a water right permit, certificate, or other water use authorization from the Oregon Water Resource Department; or b. A statement that water is supplied from a public or private water provider, along with the name and contact information of the water provider; or c. Proof from the Oregon Water Resources Department that the water to be used is from a source that does not require a water right. 14. 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 a fire protection district. 15. Utility Verification. 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. 16. 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. 17. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA Person Responsible for the Grow Site (PRMG). 18. Residency. In the MUA-10 zone, a minimum of one of the following shall reside in a dwelling unit on the subject property: a. An owner of the subject property; b. A holder of an OLCC license for marijuana production, provided that the license applies to the subject property; or Chapter 18.116 (3/2021) EXHIBIT G TO ORDINANCE NO.2021-004 c. A person registered with the ORA as a person designated to produce marijuana by a registry identification cardholder, provided that the registration applies to the subject property. 19. Nonconformance. All medical marijuana grow sites lawfully established prior to June 8, 2016 by the Oregon Health Authority shall comply with the provisions of DCC 18.116.330(B)(9) by September 8, 2016 and with the provisions of DCC 18.116.330(B)(10- 12, 16, 17) by December 8, 2016. 20. 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)(o), used in conjunction with a marijuana crop; iir. __A commercial activity, as described in ORS 215.213(2)(c) or 215.283(2)(a), carried on in conjunction with a marijuana crop; and iii-iv _ Agri -tourism and other commercial events and activities in conjunction with a marijuana crop. b. In the MUA-10 Zone, the following uses are prohibited: i. Commercial activities in conjunction with farm use when carried on in conjunction with a marijuana crop. c. In the EFU, MUA-10, 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. C. Marijuana Retailing. Marijuana retailing, including recreational and medical marijuana sales, shall be subject to the following standards and criteria: 1. Hours. Hours of operation shall be no earlier than 9:00 a.m. and no later than 7:00 p.m. on the same day. 2. Odor. The building, or portion thereof, used for marijuana retailing shall be designed or equipped to prevent detection of marijuana plant odor off premise by a person of normal sensitivity. 3. Window Service. The use shall not have a walk-up or drive-thru window service. 4. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA registrant. 5. Minors. No person under the age of 21 shall be permitted to be present in the building, or portion thereof, occupied by the marijuana retailer, except as allowed by state law. 6. Co -Location of Related Activities and Uses. Marijuana and tobacco products shall not be smoked, ingested, or otherwise consumed in the building space occupied by the marijuana retailer. In addition, marijuana retailing shall not be co -located on the same lot or parcel or within the same building with any marijuana social club or marijuana smoking club. 7. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1,000 feet from: i. 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; Chapter 18.116 (3/2021) EXHIBIT G TO ORDINANCE NO.2021-004 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 family child care which occurs at or in residential structures; iv. National monuments and state parks; and v4. Any other marijuana retail facility licensed by the OLCC or marijuana dispensary registered with the OHA. b. For purposes of DCC 18.116.330(B)(7), distance shall be measured from the lot line of the affected property to the closest point of the building space occupied by the marijuana retailer. For purposes of DCC 18.116.330(13)(7)(a)( vi), distance shall be measured from the closest point of the building space occupied by one marijuana retailer to the closest point of the building space occupied by the other marijuana retailer. c. A change in use to another property to a use identified in DCC 18.116.330(B)(7), after a marijuana retailer has been licensed by or registered with the State of Oregon shall not result in the marijuana retailer being in violation of DCC 18.116.330(B)(7). D. 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. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116. 330(C)(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. 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. Marijuana Control Plan to be established and maintained by the Community Development Department. e. Conditions of Approval Agreement to be established and maintained by the Community Development Department. f. This information shall be public record subject to ORS 192.502(17). (Ord. 20 2 I-00467 202 : Ord. 2020-007 §16, 2020; Ord. 2019-012, 2019; Ord. 2018-012 §3, 2018; Ord. 2016-015 § 10, 2016) 18.116.340. Marijuana Production Registered by the Oregon Health Authority (OHA) A. Applicability. Section 18.116.340 applies to: 1. All marijuana production registered by OHA prior to June 1, 2016; and 2. All marijuana production registered by ORA on or after June 12016 until the effective date Chapter 18.116 (3/2021) EXHIBIT G TO ORDINANCE NO. 2021-004 C. of Ordinances 2016-015, 2016-16, 2016-17, and 2016-18, at which time Ordinances 2016- 0 15 through Ordinance 2016-018 shall apply. All marijuana production registered by OHA prior to June 1, 2016 shall comply with the following standards by September 15, 2016: 1. 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 7:00 p.m. to 7:00 a.m. on the following day. 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. All marijuana production registered by OHA prior to June 1, 2016 shall comply with the following standards by December 15, 2016: 1. Odor. As used in DCC 18.116.330(B)(10), building means the building, including greenhouses, hoop houses, and other similar structures, used for marijuana production or marijuana processing. a. 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. b. An odor control system is deemed permitted only after the applicant submits a report by a mechanical engineer licensed in the State of Oregon demonstrating that the system will control odor so as not to unreasonably interfere with neighbors' use and enjoyment of their property. c. Private actions alleging nuisance or trespass associated with odor impacts are authorized, if at all, as provided in applicable state statute. d. The odor control system shall: i. Consist of one or more fans. The fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the required CFM; or ii. Utilize an alternative method or technology to achieve equal to or greater odor mitigation than provided by i. above. e. The system shall be maintained in working order and shall be in use. 2. Noise. Noise produced by marijuana production and marijuana processing shall comply with the following: a. Sustained noise from mechanical equipment used for heating, ventilation, air condition, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. b. Sustained noise from marijuana production is not subject to the Right to Farm protections in DCC 9.12 and ORS 30.395. Intermittent noise for accepted farming practices is however permitted. 3. 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. Subject to DCC 18.84, Landscape Management Combining Zone approval, if applicable. b. Fencing 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, Chapter 18.116 (3/2021) EXHIBIT G TO ORDINANCE NO. 2021-004 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. 4. Water. The applicant shall provide: a. A copy of a water right permit, certificate, or other water use authorization from the Oregon Water Resource Department; or b. A statement that water is supplied from a public or private water provider, along with the name and contact information of the water provider; or c. Proof from the Oregon Water Resources Department that the water to be used is from a source that does not require a water right. 5. 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. 6. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA Person Responsible for the Grow Site (PRMG). 7. Inspections and Annual Reporting. All marijuana production registered by OHA prior to June 1, 2016 shall comply with DCC 18.116.340(D)(8) when site locations are identified or otherwise disclosed by the State of Oregon. D. All new marijuana production registered by OHA on or after June 1, 2016 shall comply «_-i 1 DCC 18.116.340(A-C) and the following standards: 1. Shall only be located in the following zones a. EFU; b. MUA-10: W or c. Rural Industrial in the vicinity of Deschutes Junction. 2. Minimum Lot Area. a. In the EFU and MUA-10 zones, the subject property shall have a minimum lot area of five (5) acres. 3. Maximum Building Floor Area. In the MUA-10 zone, the maximum building floor area used for all activities associated with medical marijuana production on the subject property shall be: a. Parcels from 5 acres to less than 10 acres in area: 2,500 square feet. b. Parcels equal to or greater than 10 acres: 5,000 square feet. 4. Setbacks. The following setbacks shall apply to all marijuana production areas and buildings: a. Minimum Yard Setback/Distance from Lot Lines: 100 feet. b. Setback from an off -site dwelling: 300 feet. 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 submitted to Deschutes County. c. Exception: Reductions to these setback requirements may be granted at the discretion of the Planning Director or Hearings Body provided the applicant demonstrates that the reduced setbacks afford equal or greater mitigation of visual, odor, noise, lighting, privacy, and access impacts. Chapter 18.116 (3/2021) EXHIBIT G TO ORDINANCE NO.2021-004 5. Indoor Production and Processing. a. In the MUA-10 zone-- marijuana production shall be located entirely within one or more fully enclosed buildings with conventional or post framed opaque, rigid walls and roof covering. Use of greenhouses, hoop houses, and similar structures is prohibited, b. In the EFU zone, marijuana production shall only be located in buildings, including greenhouses, hoop houses, and similar structures. c. In all zones, marijuana production is prohibited in any outdoor area. 6. 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 or greater 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. 7. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1,000 feet from: i. 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:: u7d iv. National monuments and state parks. b. For purposes of DCC 18.116.330(B)(7), all distances shall be measured from the lot line of the affected properties listed in DCC 18.116.330(B)(7)(a) to the closest point of the buildings and land area occupied by the marijuana producer or marijuana processor. c. A change in use of another property to those identified in DCC 18.116.330(B)(7) shall not result in the marijuana producer or marijuana processor being in violation of DCC 18.116.330(B)(7) if the use is: i. Pending a local land use decision: ii. Registered by the State of Oregon: or iii. Lawfully established. 8. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana plants shall comply with the following standards. Chapter 18.116 (3/2021) EXHIBIT G TO ORDINANCE NO.2021-004 a. Have frontage on and legal direct access from a constructed public, county, or state road; or b. Have access from a private road or easement serving only the subject property. c. If the property takes access via a private road or easement which also serves other properties, the applicant shall obtain written consent to utilize the easement or private road for marijuana production access from all owners who have access rights to the private road or easement. The written consent shall: i. Be on a form provided by the County and shall contain the following information:, ii. Include notarized signatures of all owners, persons and properties holding a recorded interest in the private road or easement; iii. Include a description of the proposed marijuana production or marijuana processing operation; and iv. Include a legal description of the private road or easement. 9. Residency. In the MUA-10 zone, a minimum of one of the following shall reside in a dwelling unit on the subject property: a. An owner of the subject property; or b. A person registered with the OHA as a person designated to produce marijuana by a registry identification cardholder, provided that the registration applies to the subject property. 10. Annual Reporting. 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 fees 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. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116.330(0(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. 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. Marijuana Control Plan to be established and maintained by the Community Development Department. e. Conditions of Approval Agreement to be established and maintained by the Community Development Department. f. This information shall be public record subject to ORS 192.502(17). 11. 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)(o), used in conjunction with a marijuana crop; iii. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(21)(a), carried on in conjunction a marijuana crop; and. Chapter 18.116 (3/2021) EXHIBIT G TO ORDINANCE NO. 2021-004 iv. Agri -tourism and other commercial events and activities in conjunction with a marijuana crop. b. In the MUA-10 Zone, the following uses are prohibited: i. Commercial activities in conjunction with farm use when carried on in conjunction with a marijuana crop. c. In the EFU, MUA-10, 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. (Ord 10 2 1-00 i �0.2021: Ord. 2019-012, 2019; Ord. 2018-012 §3, 2018; Ord. 2016-019 § 1, 2016) Chapter 18.116 (3/2021) EXHIBIT G TO ORDINANCE NO.2021-004 FINDINGS I. BACKGROUND A. Deschutes County Marijuana Regulation History Following the passage of Ballot Measure 91 (2014), legalizing the sale and recreational use of marijuana, and HB 3400 (2015), refining the implementation of marijuana legalization, the Deschutes County Board of Commissioners (Board) adopted marijuana regulations in June 2016 (Ordinance Nos. 2016-013, 2016-014, 2016- 015, 2016-017, 2016-018, and 2016-019). Following their initial adoption, the Board committed to reexamine Deschutes County's marijuana land use regulations post -implementation after gaining additional experience regulating the evolving marijuana industry. Deschutes County utilized extensive resources from 2017 to 2019 to attempt to develop reasonable time, place, and manner marijuana regulations. During this time, citizens on all sides of the issue vocally expressed their dissatisfaction, consistently expressing doubt that Deschutes County's regulations have the ability to successfully harmonize ostensibly incompatible land uses in the rural County due to marijuana's classification as a farm crop. B. Opt Out Ordinances On August 19, 2019, the Board adopted by emergency Ordinance No. 2019-014, which prohibited the establishment of future (new) marijuana production and processing businesses in unincorporated Deschutes County (commonly referred to as an Opt Out). Ordinance No. 2019-015, adopted on October 16, 2019, further clarified that Ordinance No. 2019-014 has no impact on the County's past marijuana production land use decisions and does not preclude those applicants from moving forward in the licensure process with the Oregon Liquor Control Commission (OLCC). Oregon law (ORS 475B.968) provides that Deschutes County may adopt ordinances prohibiting marijuana businesses, but must then refer the matter to County electors at the next statewide general election. On November 3, 2020, Ballot Measure 9-134 asked voters if they wanted to repeal the opt -out ordinances. As the ballot measure was phrased, a "yes" vote would once again allow new marijuana production and processing businesses in Deschutes County, and a "no" vote would continue to prohibit new marijuana production and processing businesses in Deschutes County. Ultimately, 57% of Deschutes County's electorate voted "no" to Measure 9-134, thereby upholding the opt -out and prohibiting future/new commercial marijuana production and processing businesses from being established in the unincorporated County. H. PROPOSAL This is a legislative text amendment to Deschutes County Code (DCC), Title 18, County Zoning. The primary purpose of the amendments is to reflect and clarify the changes required by Ballot Measure 9-134. The proposal addresses in DCC 18.116.330(A), marijuana production and processing land use permits that were issued from July 1, 2016 to the effective date of Ordinance No. 2021-004. Specifically, it clarifies that marijuana production and processing subject to land use permits applied for from July 1, 2016 to the effective date of Ordinance No. 2021-004, in which the use has been initiated pursuant to Deschutes County Code Chapter 22.36, may continue as nonconforming uses pursuant to DCC 18.120.010, which includes criteria for alterations. Marijuana production or processing land use permits where the use has not yet been initiated may only be modified pursuant to the criteria established by DCC 22.36.040, Modification of Approval. Page 1 of 5 - EXHIBIT H TO ORDINANCE NO. 2021-004 The proposal clarifies that a change in ownership of a land use permit issued for marijuana production or processing does not require a modification of approval or an alteration of a nonconforming use. A change in location for a land use permit issued for marijuana production or processing is prohibited. The proposal also removes marijuana production and/or processing as permitted or conditional uses in DCC 18.16.020 and 18.16.025, Exclusive Farm Use; DCC 18.32.030, Multiple Use Agricultural Zone; DCC 18.66.040 and 18.66.050, Terrebonne Rural Commercial Districts; DCC 18.67.040 and 18.67.060, Tumalo Rural Commercial and Industrial Districts; DCC 18.100.010 and 18.100.020, Rural Industrial Zone; and DCC 18.108.110, Sunriver Business Park. The proposal removes the youth activity center separation distance criterion in DCC 18.116.030(B)(7), 18.116.030(C)(7) and 18.116.030(D)(7). The Oregon Court of Appeals in Waveseer of Oregon, LLC. v. Deschutes County, 308 Or App 494 (2021) determined that the County's prevailing interpretation of the 'youth activity center' phrase violated ORS 197.835(10)(a) because there is no way for an applicant to determine if a particular EFU-zoned property would likely qualify for marijuana production. County staff recommends simply deleting the phrase because the issue is unlikely to come up again and because it is likely that any subsequent 'youth activity center' interpretation will equally run afoul of the aforementioned statute. III. REVIEW CRITERIA Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative plan amendment. Nonetheless, since Deschutes County is initiating one, the County bears the responsibility for justifying that the amendments are consistent with Statewide Planning Goals and its existing Comprehensive Plan. A. Statewide Planning Goals and Guidelines Goal 1: Citizen Involvement: The amendments do not propose to change the structure of the County's citizen involvement program. Notice of the proposed amendments were provided to the Bulletin for the Board public hearing. Goal 2: Land Use Planning: This goal is met because ORS 197.610 allows local governments to initiate post acknowledgments plan amendments (PAPA). An Oregon Land Conservation and Development Department 35-day notice was initiated on February 24, 2021. The Board will hold a public hearing on March 31, 2021. The Findings document provides the adequate factual basis for the amendments. Goal 3: Agricultural Lands: Ballot Measure 91 was passed by the voters of Oregon in November 2014 generally legalizing recreational use of marijuana within the state. The Board adopted Ordinance No. 2015-009 on December 21, 2015, prohibiting the establishment of marijuana businesses within unincorporated Deschutes County (Opt Out). After securing legislative assurance in 2016 through the passage of Senate Bill 1598 that statutory right to farm protections would not override local governments' authority to adopt local time, place and manner regulations governing marijuana businesses, the Board adopted Ordinances No. 2016- 013, 2016- 014, 2016- 015, 2016- 016, 2016- 017, 2016- 018 and 2016- 019 on June 1 and June 15, 2016, implementing comprehensive land use regulations for the marijuana industry in unincorporated Deschutes County, and subsequently adopted Ordinance No. 2016- 012 on August 2, 2016, effectively " Opting In" by repealing Ordinance No. 2015- 009. On August 19, 2019, the Board adopted by emergency Ordinance No. 2019-014, which prohibited the establishment of future marijuana production and processing businesses in unincorporated Deschutes County Page 2 of 5 - EXHIBIT H TO ORDINANCE NO. 2021-004 (Opt Out). Ordinance No. 2019-015, adopted on October 16, 2019, further clarified that Ordinance No. 2019-014 has no impact on the County's past marijuana production land use decisions and does not preclude those applicants form moving forward in the licensure process with OLCC. Oregon law (ORS 475B.968) provides that Deschutes County may adopt ordinances prohibiting marijuana businesses, but must then refer the matter to County electors at the next statewide general election. On November 3, 2020, Ballot Measure 9-134 asked voters if they wanted to repeal the opt -out ordinances. As the ballot measure was phrase specific, a "yes" vote would once again allow new marijuana production and processing businesses in Deschutes County, and a "no" vote would continue to prohibit new marijuana production and processing businesses in Deschutes County. Ultimately, 57% of Deschutes County's electorate voted "no" to Measure 9-134, thereby upholding the opt -out and prohibiting future/new commercial marijuana production and processing businesses from being established in the unincorporated County. Opting out is not in conflict with the aforementioned Ballot Measure 91 because the voters of Oregon expressed no opinion or direction regarding marijuana's status as a farm crop, or the appropriate location of commercial grow sites and processing operations. Opting out is not inconsistent with Goal 3: pursuant to the options provided by Ballot Measure 91 and state statutes, numerous jurisdictions in Oregon opted out of allowing marijuana businesses at the outset of Oregon's recreational marijuana program and have lawfully maintained that status. The Opt Out and these corresponding amendments only impact future recreational production and processing businesses and medical marijuana processing facilities. Existing marijuana businesses will not be impacted nor will the Opt Out impact or prohibit future medical dispensaries or production sites, or future recreational retail or wholesale. The proposed amendments to the County Code are consistent with these provisions of state law and are therefore consistent with Goal 3. Goal 4: Forest Lands: The proposed text amendments do not propose to change the County's Plan policies or implementing regulations for compliance with Goal 4, and therefore are in compliance. Goal 5: Open Spaces Scenic and Historic Areas and Natural Resources: Complies because the text amendment does not propose to change the County's Plan policies or implementing regulations for Goal 5 open spaces, scenic and historic areas, and natural resources. Goal 6: Air Water and Land Resources Quality: The proposed text amendments do not propose to change the County's Plan policies or implementing regulations for compliance with Goal 6, and therefore are in compliance. Goal 7: Areas Subiect to Natural Disasters and Hazards: The proposed text amendments do not propose to change the County's Plan or implementing regulations regarding natural disasters and hazards; therefore, they are in compliance. Goal 8: Recreational Needs: Complies because the text amendment does not propose to change the County's Plan or implementing regulations regarding recreational needs. Goal 9: Economy of the State: Goal 9 and its implementing regulations focus on economic analysis and economic development planning required in urban Comprehensive Plans. The proposed amendments apply to rural lands but do not propose to amend the Comprehensive Plan. Goal 9 does identify land use controls and ordinances as one of a suite of economic development tools. Disallowing future recreational production sites and future marijuana processing will not impact the availability of marijuana products from medical dispensaries or retail and Page 3 of 5 - EXHIBIT H TO ORDINANCE NO. 2021-004 wholesale outlets. Maintaining the assortment of land uses that are allowed in Deschutes County contributes to a diverse economy. Therefore, the text amendment complies with Goal 9. Goal 10: Housing: This goal is not applicable because, unlike municipalities, unincorporated areas are not obligated to fulfill certain housing requirements. Goal 11: Public Facilities and Services: Complies because the text amendments do not propose to change the County's Plan or implementing regulations regarding public facilities and services. Goal 12: Transportation: The proposed text amendments do not propose to change the County's Plan or implementing regulations regarding the Transportation System Plan; therefore, they are in compliance. Goal 13: Energy Conservation: Complies because the text amendments do not propose to change the County's Plan or implementing regulations regarding energy conservation. Goal 14: Urbanization: Complies because the text amendments do not propose to change the County's Plan or implementing regulations regarding urbanization. Goals 15 through 19 are not applicable to the proposed text amendments because the County does not contain these types of lands. D. Deschutes County Comprehensive Plan Chapter 1 Comprehensive Planning: This chapter sets the Goals and Policies of how the County will involve the community and conduct land use planning. As described above, the proposed regulations were discussed at several work sessions with the Board of County Commissioners, as well as presented to the Planning Commission, which is the County's official committee for public involvement. The Board of County Commissioners will receive oral and written testimony. These actions also satisfy the Goals and relevant Policies of Section 1.3, Land Use Planning Policies. Goal 1 of this section is to "maintain an open and public land use process in which decisions are based on the objective evaluation of facts." Staff, the Planning Commission, and the Board reviewed the text amendments. Chapter 2 Resource Management: This chapter sets the Goals and Policies of how the County will protect resource lands, including but not limited to, Agriculture and Forest as well as Water Resources and Environmental Quality. Section 2.2, Agricultural Lands Policies, states that Goal 1 is to "preserve and maintain agricultural lands and the agricultural industry." The Opt Out and these corresponding amendments only impact future recreational production and processing businesses and medical marijuana processing facilities. Existing marijuana businesses will not be impacted nor will the Opt Out impact or prohibit future medical dispensaries or production sites, or future recreational retail or wholesale. Goal 2 promotes a diversified, sustainable, revenue -generating agricultural sector. Policy 2.2.10 calls for the promotion of economically viable opportunities and practices while Policy 2.2.11 encourages small farming enterprises including but not limited to, niche markets and organic farming and valued -added projects. The proposed text amendments only impact future recreational production and processing businesses and medical marijuana processing facilities. Page 4 of 5 - EXHIBIT H TO ORDINANCE NO. 2021-004 Goal 3 specifies the Exclusive Farm Use (EFU) policies, classifications, and codes are consistent with local and emerging agricultural conditions and markets. The voters of Deschutes County voted "no" to repealing the opt -out ordinances on November 3, 2020. As noted above for Statewide Goal 3, opting out is permitted by state statutes; the proposed text amendments are necessary to align the Deschutes County Code land use provisions with the results of the opt out election. As noted above, the proposed amendments only impact future recreational production and processing businesses and medical marijuana processing facilities. Page 5 of 5 - EXHIBIT H TO ORDINANCE NO. 2021-004 5.1 Deschutes County Planning Commission 0A E S CMG 117 NW Lafayette Avenue Bend, OR 97708 SCHEDULED PLANNING COMMISSION ACTION ITEM (ID # 3847) Meeting: 03/11/21 05:30 PM Department: Community Development Category: Discussion Prepared By: Tanya Saltzman Initiator: Tanya Saltzman Sponsors: DOC ID: 3847 Marijuana Housekeeping Text Amendments Staff will present proposed text amendments at a Planning Commission work session on March 11, 2021, prior to a March 31 public hearing before the Board of County Commissioners (Board) concerning legislative amendments to codify Deschutes Countys recent "opt out" of new marijuana production and processing businesses. Updated: 3/4/2021 2:59 PM by Tanya Saltzman Page 1 Packet Pg. 3 5.1.a ES C, C3 E c as E MEMORANDUM a x d TO: Deschutes County Planning Commission =' _ .Q as a� FROM: Tanya Saltzman, AICP, Senior Planner M M O DATE: March 4, 2021 = R SUBJECT: Discussion: Marijuana Housekeeping Text Amendments 00 Staff will present proposed text amendments at a Planning Commission work session on March 11, M 2021, prior to a March 31 public hearing before the Board of County Commissioners (Board) E concerning legislative amendments to codify Deschutes County's recent "opt out" of new marijuana W production and processing businesses. Staff submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department of Land Conservation and Development (DLCD) on E February 24, 2021. Staff has provided the proposed amendments (Attachment 1) and the Findings c (Attachment 2). Deschutes County Code (DCC) 22.12.010 allows the Planning Commission to review E legislative amendments outside of a public hearing.' a 1. BACKGROUND On August 19, 2019, the Board adopted by emergency Ordinance No. 2019-014, which prohibited the establishment of future (new) marijuana production and processing businesses in unincorporated Deschutes County (commonly referred to as an Opt Out). Ordinance No. 2019-015, adopted on October 16, 2019, further clarified that Ordinance No. 2019-014 has no impact on the County's past marijuana production land use decisions and does not preclude those applicants from moving forward in the licensure process with the Oregon Liquor Control Commission (OLCC). Oregon law (ORS 475B.968) provides that Deschutes County may adopt ordinances prohibiting marijuana businesses, but must then refer the matter to County electors at the next statewide general election. On November 3, 2020, Ballot Measure 9-134 asked voters if they wanted to repeal the opt -out ordinances —a "yes" vote would once again allow new marijuana production and processing businesses in Deschutes County, and a "no" vote would continue to prohibit new marijuana production and processing businesses in Deschutes County. 1 No legislative change shall be adopted without review by the Planning Commission and a public hearing before the Board of County Commissioners. Public hearings before the Planning Commission shall be set at the discretion of the Planning Director, unless otherwise required by state law. Packet Pg. 4 5.1.a Ultimately, Deschutes County residents voted "no" to Measure 9-134, thereby upholding the opt -out and prohibiting future/new recreational marijuana production and processing businesses from being established in the unincorporated County. II. PROPOSAL The primary purpose of the amendments is to reflect and clarify the changes resulting from the "no" vote on Ballot Measure 9-134. The amendments clarify the status of existing marijuana production and processing businesses, provide criteria for those existing businesses to modify their permits, and remove marijuana production and processing as permitted or conditional uses from the zones in which they were permitted prior to the opt out. The proposal addresses in DCC 18.116.330(A), marijuana production and processing land use permits that were issued from July 1, 2016 to the effective date of the enacting ordinance. Specifically, it clarifies that marijuana production and processing subject to land use permits applied for from July 1, 2016 to the effective date of the enacting ordinance, in which the use has been initiated pursuant to DCC Chapter 22.36, may continue as nonconforming uses pursuant to DCC 18.120.010, which includes criteria for alterations.2 • Marijuana production or processing land use permits where the use has notyet been initiated may be only be modified pursuant to the criteria established by DCC 22.36.040, Modification of Approva1.3 The proposal clarifies that a change in ownership of a land use permit issued for marijuana production or processing does not require a modification of approval or an alteration of a nonconforming use. A change in location for a land use permit issued for marijuana production or processing is prohibited. The proposal removes marijuana production and/or processing as permitted or conditional uses in DCC 18.16.020 and 18.16.025, Exclusive Farm Use; DCC 18,32.030, Multiple Use Agricultural Zone; DCC 18.66.040 and 18.66.050, Terrebonne Rural Commercial Districts; DCC 18.67.040 and 18.67.060, Tumalo Rural Commercial and Industrial Districts; DCC 18.100.010 and 18.100.020, Rural Industrial Zone; and DCC 18.108.110, Sunriver Business Park. The proposal removes the youth activity center separation distance criterion in DCC 18.116.030(B)(7), 18.116.030(C)(7) and 18.116.030(D)(7).4 2 https://weblink.deschutes.org/Public/DocView.aspx?id=4011 &dbid=0&repo=LFPUB 3 Ibid. 4 The Land Use Board of Appeals (LUBA) in Waveseer of Oregon, LLC. v. Deschutes County recognized a codification requirement, determining that Deschutes County's broad interpretation of 'youth activity center' is unreasonable because there is no way for an applicant to determine if a particular EFU-zoned property could be used for marijuana production. ORS 215.416(8)(a) requires that permit approval standards and criteria set out in local regulations inform interested parties of the basis on which an application will be approved or denied. LUBA No. 2020-038. Page 6. IPacket Pg. 5 5.1.a The applicant, in this case Deschutes County Community Development, has submitted findings summarizing the amendments and stating that the text amendments are in compliance with the Statewide Planning Goals, and applicable policies of the Deschutes County Comprehensive Plan. III. NEXT STEPS A public hearing with the Board is scheduled for March 31, 2021, with a work session to occur approximately a week prior. Staff anticipates emergency adoption of the proposed amendments. Attachments: 1. Proposed Text Amendments 2. Draft Findings Packet Pg.61 5.1.b Chapter 18.16. EXCLUSIVE FARM USE ZONES 18.16.020. Uses Permitted Outright. 18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 or DCC Section 18.16.042 and a Review Under DCC Chapter 18.124 where applicable. 18.16.020. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: A. Farm use as defined in DCC Title 18. B. Propagation or harvesting of a forest product. C. Operations for the exploration for minerals as defined by ORS 517.750. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732(2)(a) or (b). D. Accessory buildings customarily provided in conjunction with farm use. E. Climbing and passing lanes within the right of way existing as of July 1, 1987. F. Reconstruction or modification of public roads and highways, including the placement of utility facilities overhead and in the subsurface of public roads and highways along the public right of way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new land parcels result. G. Temporary public road and highway detours that will be abandoned and restored to original condition or use when no longer needed. H. Minor betterment of existing public road and highway -related facilities such as maintenance yards, weigh stations and rest areas, within a right of way existing as of July 1, 1987, and contiguous public owned property utilized to support the operation and maintenance of public roads and highways. 1. Creation, restoration or enhancement of wetlands. J. A lawfully established dwelling may be altered, restored or replaced, subject to DCC 18.16.023. 1. The replacement dwelling is subject to OAR 660-033-0130(30) and the County shall require as a condition of approval of a single-family replacement dwelling that the landowner for the dwelling sign and record in the deed records for the county a document binding the landowner, and the landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 to 30.937. K. A replacement dwelling to be used in conjunction with farm use if the existing dwelling is listed on the National Register of Historic Places and on the County inventory as a historic property as defined in ORS 358.480, and subject to 18.16.020(J)(1)above. L. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. M. Utility facility service lines. Utility facility service lines are utility lines and accessory facilities or structures that end at the point where the utility service is received by the customer and that are located on one or more of the following: 1. A public right of way; 2. Land immediately adjacent to a public right of way, provided the written consent of all adjacent property owners has been obtained; or 3. The property to be served by the utility. N. The land application of reclaimed water, agricultural process or industrial process water or biosolids, or the onsite treatment of septage prior to the land application of biosolids, for agricultural, horticultural or silvicultural production, or for irrigation in connection with a use allowed in an exclusive farm use zone, subject to the issuance of a license, permit or other approval by the Department of Environmental Quality Chapter 18.16 l (10/2020) Packet Pg. 7 5.1.b under ORS 454.695, 459.205, 46813.053 or 46813.055, or in compliance with rules adopted under ORS 46813.095, and with the requirements of ORS 215.246 to 215.251. For the purposes of this section, onsite treatment of septage prior to the land application of biosolids is limited to treatment using treatment facilities that are portable, temporary and transportable by truck trailer, as defined in ORS 801.580, during a period of time within which land application of biosolids is authorized under the license, permit or other approval. O. Fire service facilities providing rural fire protection services. P. Operations for the exploration for and production of geothermal resources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the wellhead. Any activities or construction relating to such operations shall not be a basis for an exception under- ORS 197.732(2)(a) or (b). Q. Outdoor mass gathering described in ORS 197.015(10)(d), and subject to DCC Chapter 8.16. R. Composting operations that are accepted farming practices in conjunction with and auxiliary to faun use on the subject tract as allowed under OAR 660-033-0130(29). (Ord 2021-00x §x, 2021; Ord. 2018-006 §5, 2018; Ord. 2016-015 §2, 2016; Ord. 2014-010 §l, 2014; Ord. 2012-007 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 § 1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004- 001 §2, 2004; Ord. 2001-039 §1, 2001; Ord. 2001-016 §2, 2001; Ord. 98-030 §1, 1998; Ord. 95-007 §10, 1995; Ord. 92-065 §3, 1992; Ord. 91-03 8 § § 1 and 2, 1991; Ord. 91-024 §1, 1991; Ord. 91-020 §1, 1991; Ord. 91-005 §4, 1991; Ord. 91-002 § 3, 1991; Ord. 86-007 §1, 1986; Ord. 81-025 §1, 1981; Ord. 81-001 §1, 1981) 18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 or DCC Section 18.16.042 and a Review Under DCC Chapter 18.124 where applicable. A. Dwellings customarily provided in conjunction with farm use (farm -related dwellings), subject to DCC 18.16.050. B. A relative farm assistance dwelling, subject to DCC 18.16.050. C. Religious institutions or assemblies and cemeteries in conjunction with religious institutions or assemblies consistent with ORS 215.441 and OAR 660-033-0130(2) on non -high value farmland. D. Expansion of an existing church or cemetery in conjunction with a church on the same tract as the existing use, subject to Oregon Administrative Rules 660-033-0130. E. Utility facilities necessary for public service, including wetland waste treatment systems, but not including commercial facilities for the purpose of generating electrical power for public use by sale and transmission towers over 200 feet in height. A utility facility necessary for public service may be established as provided in: 1. DCC 18.16.038(A); or 2. DCC 18.16.038(E) if the utility facility is an associated transmission line, as defined in ORS 469.300. F. Winery, as described in ORS 215.452. G. Farm stands, subject to DCC 18.16.038. H. A site for the takeoff and landing of model aircraft, including such buildings or facilities as may be reasonably necessary. I. A facility for the processing of farm crops, or for the production of biofuel as defined in ORS 315.141, if the facility is located on a farm operation that provides at least one -quarter of the farm crops processed at the facility, or an establishment for the slaughter, processing or selling of poultry or poultry products pursuant to ORS 603.038. 1. If a building is established or used for the processing facility or establishment, the farm operator may not devote more than 10,000 square feet of floor area to the processing facility or establishment, Chapter 18.16 2 (10/2020) Packet Pg. 5.1.b exclusive of the floor area designated for preparation, storage or other farm use . 2. A processing facility or establishment must comply with all applicable siting standards but the standards shall not be applied in a manner that prohibits the siting of the processing facility. 3. The County shall not approve any division of a lot or parcel that separates a processing facility or establishment from the farm operation on which it is located. J. Agri -tourism and other commercial events and activities subject to DCC 18.16.042. K. Dog training classes or testing trials conducted outdoors or in farm buildings that existed on January 1, 2013, when: 1. The number of dogs participating in training does not exceed 10 per training class and the number of training classes to be held on -site does not exceed six per day; and 2. The number of dogs participating in a testing trial does not exceed 60 and the number of testing trials to be conducted on -site does not exceed four per calendar year. . (Ord. 2021-00x �x, 2021: Ord. 2020-001 §3, 2020; Ord. 2016-015 §2, 2016; Ord. 2014-010 § 1, 2014; Ord. 2012-007 §2, 2012; Ord. 2012-004 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2008- 001 §2, 2008; Ord. 2004-001 §2, 2004) Chapter 18.16 3 (10/2020) Packet Pg. 9 1 5.1.b Chapter 18.32. MULTIPLE USE AGRICULTURAL ZONE - MUA 18.32.030. Conditional Uses Permitted. 18.32.030. Conditional Uses Permitted. The following uses may be allowed subject to DCC 18.128: A. Public use. B. Semipublic use. C. Commercial activities in conjunction with farm use. The commercial activity shall be associated with a farm use occurring on the parcel where the commercial use is proposed. The commercial activity may use, process, store or market farm products produced in Deschutes County or an adjoining County. D. Dude ranch. E. Kennel and/or veterinary clinic. F. Guest house. G. Manufactured home as a secondary accessory farm dwelling, subject to the requirements set forth in DCC 18.116.070. H. Exploration for minerals. I. Private parks, playgrounds, hunting and fishing preserves, campgrounds, motorcycle tracks and other recreational uses. J. Personal use landing strip for airplanes and helicopter pads, including associated hangar, maintenance and service facilities. No aircraft may be based on a personal -use landing strip other than those owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may be granted through waiver action by the Aeronautics Division in specific instances. A personal use landing strip lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable regulations of the Aeronautics Division. K. Golf courses. L. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. M. A facility for primary processing of forest products, provided that such facility is found to not seriously interfere with accepted farming practices and is compatible with farm uses described in ORS 215.203(2). Such a facility may be approved for a one-year period which is renewable. These facilities are intended to be only portable or temporary in nature. The primary processing of a forest product, as used in DCC 18.32.030, means the use of a portable chipper or stud mill or other similar method of initial treatment of a forest product in order to enable its shipment to market. Forest products, as used in DCC 18.32.030, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located. N. Destination resorts. O. Planned developments. P. Cluster developments. Q. Landfills when a written tentative approval by the Department of Environmental Quality (DEQ) of the site is submitted with the conditional use application. R. Time-share unit or the creation thereof. S. Hydroelectric facility, subject to DCC 18.116.130 and 18.128.260. T. Storage, crushing and processing of minerals, including the processing of aggregate into asphaltic concrete or Portland cement concrete, when such uses are in conjunction with the maintenance or construction of public roads or highways. U. Bed and breakfast inn. Chapter 18.32 (4/2020) Packet Pg. 10 5.1.b V. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland subject to DCC 18.120.050 and 18.128.270. W. Religious institutions or assemblies, subject to DCC 18.124 and 18.128.080. X. Private or public schools, including all buildings essential to the operation of such a school. Y. Utility facility necessary to serve the area subject to the provisions of DCC 18.124. Z. Cemetery, mausoleum or crematorium. AA. Commercial horse stables. BB. Horse events, including associated structures, not allowed as a permitted use in this zone. CC. Manufactured home park or recreational vehicle park on a parcel in use as a manufactured home park or recreational vehicle park prior to the adoption of PL-15 in 1979 and being operated as of June 12, 1996, as a manufactured home park or recreational vehicle park, including any expansion of such uses on the same parcel, as configured on June 12, 1996. DD.A new manufactured home/recreational vehicle park, subject to Oregon Administrative Rules 660-004-0040(7)(g) that: 1. Is on property adjacent to an existing manufactured home/recreational vehicle park; 2. Is adjacent to the City of Bend Urban Growth Boundary; and 3. Has no more than 10 dwelling units. EE. The full or partial conversion from a manufactured home park or recreational vehicle park described in DCC 18.32.030 (CC) to a manufactured home park or recreational vehicle park on the same parcel, as configured on June 12 1996. FF. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). GG. Guest lodge. HH. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. (Ord. 2021-00x §x, 2021; Ord. 2020-001 §4, 2020; Ord. 2016-015 §3, 2016; Ord. 2015-002 § 1, 2015; Ord. 2009-018 § 1, 2009; Ord. 2004-002 §4, 2004; Ord. 2001-039 §2, 2001; Ord. 2001-016 §2, 2001; Ord. 97-063 §3, 1997; Ord. 97-029 §2, 1997; Ord. 97-017 §2, 1997; Ord. 96-038 §1, 1996; Ord. 94-053 §2, 1994; Ord. 94-008 §11, 1994; Ord. 93-043 §§4A and B, 1993; Ord. 92-055 §2, 1992; Ord. 91-03 8 § 1, 1991; Ord. 91-020 § 1, 1991; Ord. 90-014 § §27 and 3 5, 1990; Ord. 91-005 § § 19 and 20, 1991; Ord. 91-002 §7, 1991; Ord. 86-018 §7, 1986; Ord. 83-033 §2, 1983; Ord. 80-206 §3, 1980) Chapter 18.32 (4/2020) Packet Pg. 11 1 Chapter 18.66. TERREBONNE RURAL COMMUNITY ZONING DISTRICTS 18.66.040. Commercial (TeC) District. 18.66.050. Commercial -Rural (TeCR) District. 18.66.040. Commercial (TeC) District. The Terrebonne Commercial District is intended to allow a range of commercial and limited industrial uses to serve the community and surrounding rural area. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling or two-family on a lot or parcel existing on June 4, 1997. 2. Manufactured home on a lot or parcel existing on June 4, 1997, subject to DCC 18.116.070. 3. Type I Home Occupation, subject to DCC 18.116.280. 4. Class I and 11 road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.66.070 and 18.116.230. 5. Class III road or street project. 6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116 and 18.1248: 1. A building or buildings not exceeding 4,000 square feet of floor space to be used by any combination of the following uses: a. Retail or service business. b. Eating or drinking establishment. c. Offices. d. Veterinary clinic and kennel entirely within an enclosed building. e. Residential use in the same building as a use permitted by DCC 18.66.040(B)(1). f. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 2. Any of the uses allowed under DCC 18.66.040 proposing to occupy more than 4,000 square feet of floor area in a building or buildings, subject to provisions of DCC 18.66.040(E). 3. Child care facility and/or preschool. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128: 1. Motel, with a maximum of 35 units, only if served by a community sewer system as defined in OAR 660-22-010(2). 2. Recreational vehicle park. 3. Religious institutions or assemblies. 4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 5. Public or private school. 6. Park. a 7. Public or semi-public building. Q 8. Medical center in a building or buildings not exceeding 4,000 square feet of floor space. 9. Utility facility. Chapter 18.66 1 (11 /2020) Packet Pg. 12 5.1.b IF 10. Water supply or treatment facility. 11. Vehicle and trailer sales, service, repair or rental in a building or buildings not exceeding 4,000 square feet of floor space. 12. Uses listed below carried on in a building or buildings not exceeding 4,000 square feet of floor space with no exterior displays or storage of industrial equipment, industrial vehicles or industrial products: a. Manufacturing and production. b. Wholesale sales. c. Mini -storage. 11. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 14. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. . 16. Marijuana retailing, subject to the provisions of DCC 18.116.330. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.66.040(B) and (C). 1. Sewer and Water Requirements. Applicant must obtain approval for an on -site sewage disposal system, or if applicable, obtain a Department of Environmental Quality (DEQ) Waste Water Pollution Control Facility (WPCF) permit before approval or as condition of approval of the land use permit. 2. The County shall notify the Terrebonne Domestic Water District of land use actions made under DCC 18.66. Requirements for- Large Scale Uses. L All uses listed in DCC 18.66.040(B) and 18.66.040(C)(9) may have a total building floor area exceeding 4,000 square feet if the Planning Director or Hearings Body finds: a. The use is intended to serve the community and surrounding rural area or the travel needs of people passing through the area; b. The use will primarily employ a work force from the community and surrounding rural area; and c. It is not practical to locate the use in a building or buildings with floor area of 4,000 square feet or less. 2. For purposes of DCC 18.66.040, the surrounding rural area includes the area described by the Terrebonne zip code, which extends south to the boundary of the Redmond zip code, west to the boundary of the Sisters zip code, east into Crook County to the boundary of the Prineville zip code and north into Jefferson County to include Crooked River Ranch. F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to all new commercial buildings in the TeC District except those containing uses listed in DCC 18.66.040(C)(13). The provisions of DCC 18.124 also apply. 1. The window area shall equal at least 50 percent of the length and 25 percent of the height of the ground level wall area. Ground level wall area includes all exterior wall area up to nine feet above the finished grade. The window requirement applies to the ground level of exterior building walls that abut sidewalks or roads. Chapter 18.66 2 (11 /2020) Packet Pg. 13 5.1.b 2. Required window areas shall be windows that allow views into either working areas, lobbies, pedestrian entrances or display windows. G. Lot Requirements. Minimum size requirements for this district will be determined by spatial requirements for on -site sewage disposal, required landscaped areas and off-street parking. No lot or parcel shall be created of less than a minimum of 10,000 square feet. H. Dimensional Standards. Lot Coverage. No lot coverage requirements, provided spatial requirements for parking, sewage disposal and landscaping are satisfied. 1. Yard Standards. I . Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070(D)(3). The street setback for buildings may be reduced, but not increased, to the average building setback distance of existing buildings on adjoining lots. 2. Side Yard. No requirement, subject to DCC 18.66.040(I)(4). 3. Rear Yard. No specific requirements, subject to DCC 18.66.040(I)(4). 4. Exceptions to Yard Standards. a. Lot line adjacent to a residential district. Any new structure requiring a building permit sited on a lot adjacent to a residential district shall be set back a minimum of 15 feet from the common property line. The required yard shall be increased by one foot for each foot by which the building height exceeds 20 feet. b. Lot line adjacent to an EFU zone. Any new structure requiring a building permit on a lot or parcel adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. (Ord. 2021-00x §x, 2021; Ord. 2020-010 §3, 2020; Ord. 2020-001 §7, 2020; Ord. 2016-015 §5, 2016; Ord. 2015-004 §3, 2015; Ord. 2004-002 §15, 2004; Ord. 97-063 §3, 1997; Ord. 97-003 §2, 1997) 18.66.050. Commercial -Rural (TeCR) District. The Terrebonne Commercial -Rural District allows a mix of commercial and industrial uses common to a farming community. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling on a lot or parcel existing on June 4, 1997. 2. Manufactured home on a lot or parcel existing on June 4, 1997, subject to DCC 18.116.070. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.66.070 and 18.116.230. 5. Class III road or street project. 6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116 and 18.124: 1. A building or buildings not exceeding 4,000 square feet of floor space to be occupied by any combination of the following uses: a. Retail or service business. b. Eating or drinking establishment. Chapter 18.66 3 (11/2020) Packet Pg. 14 c. Office. d. Residential use in the same building as a use listed in DCC 18.66.050. e. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 2. Any of the uses listed under DCC 18.66.050(B) proposing to occupy more than 4,000 square feet of floor area in a building or buildings, subject to provisions of DCC 18.66.050(E). C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128: 1. Religious institutions or assemblies. 2. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 3. Park. 4. Public or semi-public building. 5. Utility facility. 6. Water supply or treatment facility. 7. Vehicle and trailer sales, service, repair and rental in a building or buildings not exceeding 4,000 square feet of floor area. 8. Uses listed below carried on in a building or buildings not exceeding 10,000 square feet of floor space to be occupied by any combination of the following uses: a. Manufacturing or production. b. Wholesale sales. c. Mini -storage. d. Truck terminal. e. Farm or contractor equipment storage, sales, service or repair. f. Uses that require proximity to rural resources, as defined in OAR 660-04-022- (3)(a). 9. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 10. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. . 12. Marijuana retailing, subject to the provisions of DCC 18.116.330. D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.66.050(B) and (C). 1. Sewer and Water Requirements. a. Applicant must obtain approval for an on -site sewage disposal system, or if applicable, obtain a Department of Environmental Quality (DEQ) Waste Water Pollution Control Facility (WPCF) permit before approval or as condition of approval of the land use permit. b. The County shall notify the Terrebonne Domestic Water District of land use actions made under DCC 18.66. 2. Compatibility. a. Any use on a lot adjacent to a residential district shall not emit odor, dust, fumes, glare, flashing lights, noise, or similar disturbances perceptible without instruments more than 200 feet in the direction of the affected residential lot. Chapter 18.66 4 (l 1/2020) Packet Pg. 15 5.1.b In F b. Any use expected to generate more than 50 truck -trailer, contractors and/or farm heavy equipment trips per day to and from the subject property shall not locate on a lot or parcel adjacent to or across a local or collector road from a lot or parcel in a residential district. c. No use shall be permitted that has been declared a nuisance by state statute, County ordinance or a court of competent jurisdiction. d. No use requiring an air containment discharge permit shall be approved by the Planning Director or Hearings Body before review by the applicable state or federal permit - reviewing authority. Such uses shall not be located adjacent to or across a local or collector road from a lot or parcel in a residential district. 3. Traffic and Parking. a. A use that generates more than 20 auto or truck trips during the peak hour of the day to and from the premises shall document with facts that the affected transportation facilities are adequate to serve the proposed use, considering the functional classification, capacity and level of service of the affected transportation facility. b. All parking demand generated by uses permitted by DCC 18.66 shall be accommodated entirely on the premises. c. Site design shall not require backing of traffic onto a public or private road right-of-way. 4. Additional Requirements. As a condition of approval of any use proposed, the Planning Director or Hearings Body may require: a. An increased setback requirement. b. Additional off-street parking and loading facilities. c. Limitations on signs, lighting, hours of operation and points of ingress and egress. d. Additional landscaped buffering and screening improvements. Requirements for Large Scale Uses. 1. All uses listed in DCC 18.66.050(B) may be allowed to occupy a total floor area exceeding 4,000 square feet if the Planning Director or Hearings Body finds: a. The use is intended to serve the community and surrounding rural area or the traveling needs of people passing through the area; b. The use will primarily employ a work force from the community and surrounding rural area; and c. It is not practical to contain the proposed use within 4,000 square feet of floor area. 2. This provision does not apply to uses listed in DCC 18.66.050(C)(8). 3. For purposes of DCC 18.66.050(E), the surrounding rural area described by the Terrebonne zip code, which extends south to the boundary of the Redmond zip code, west to the boundary of the Sisters zip code, east into Crook County to the boundary of the Prineville zip code and north into Jefferson County to include Crooked River Ranch. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to all new commercial buildings in the TeCR District except those containing uses listed in DCC 18.66.050(C)(8). The provisions of DCC 18.124 also apply. 1. The window area shall be at least 50 percent of the length of the ground level wall area and 25 percent of height of the ground level wall area. Ground level wall area includes all exterior wall area up to nine feet above the finished grade. The window requirement applies to the ground level of exterior building walls that abut sidewalks or roads. 2. Required window areas shall be windows that allow views into either working areas, lobbies, pedestrian entrances or display windows. Chapter 18.66 5 (11 /2020) Packet Pg. 16 G. Lot Requirements. No lot shall be created less than a minimum of 10,000 square feet. Lot requirements for this district shall be determined by spatial requirements for sewage disposal, required landscaped areas and off-street parking. H. Dimensional Standards. 1. Lot Coverage: No lot coverage requirements, provided spatial requirements for parking, sewage disposal and landscaping are satisfied. 2. No use listed in DCC 18.66.050(C)(8) that is located adjacent to or across a local or collector road from a lot or parcel in a residential district shall exceed 70 percent lot coverage by all buildings, outside storage or off-street parking and loading areas. 1. Yard Standards. 1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070(D)(3)(b). The street setback for buildings may be reduced, but not increased, to the average building setback distance of existing buildings on adjoining lots. 2. Side Yard. No requirement, subject to DCC 18.66.050(I)(4). 3. Rear Yard. No specific requirement, subject to DCC 18.66.050(I)(4). 4. Exceptions to Yard Standards. a. Lot line adjacent to a residential zone. For all new structures requiring a building permit on a lot adjacent to a residential district, the setback shall be a minimum of 15 feet. The required yard will be increased by one foot for each foot by which the building height exceeds 20 feet. b. Lot line adjacent to an EFU zone. Any structure requiring a building permit on a lot adjacent to EFU-zoned land that is receiving special assessment for farm use, shall be set back a minimum of 100 feet from the common property line. (Ord. 2021-00x §x, 2021; Ord. 2020-001 §7, 2020; Ord. 2016-015 §5, 2016; Ord. 2015-004 §4, 2015; Ord. 2004-002 §16, 2004; Ord. 2001-039 §7, 2001; Ord. 2001-016 §2, 2001; Ord. 97-003 §2, 1997) Chapter 18.66 6 (11/2020) Packet Pg. 17 5.1.b Chapter 18.67. TUMALO RURAL COMMUNITY ZONING DISTRICTS 18.67.040. Commercial (TuC) District. 18.67.060. Industrial (TuI) District. 18.67.040. Commercial (TuC) District. The Tumalo Commercial District is intended to allow a range of limited commercial and industrial uses to serve the community and surrounding area. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review. 1. Single-family dwelling or duplex. 2. Manufactured home subject to DCC 18.1 16.070. 3. Type I Home Occupation, subject to DCC 18.1 l 6.280. 4. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.060 and 18.116.230. 5. Class III road or street project. 6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted, Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.67, 18.116 and 18.124: 1. A building or buildings, none of which exceeds 4,000 square feet of floor space to be used by any combination of the following uses: a. Retail or service business. b. Eating and/or drinking establishment. c. Offices. d. Residential use in the same building as a use permitted in DCC 18.67.040. e. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 2. Any of the uses listed under DCC 18.67.040 proposing to occupy more than 4,000 square feet of floor area in a building subject to the provisions of DCC 18.67.040(E). 3. Child care facility and/or preschool. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124, and 18.128: 1. Religious institutions or assemblies. 2. Bed and breakfast inn. 3. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280, 4. Park. 5. Public or semi-public building. 6. Utility facility. 7. Water supply or treatment facility. 8. Manufactured home/RV park on a parcel in use as a manufactured home park or recreational vehicle park prior to the adoption of PL-15 in 1979 and being operated as of June 12, 1996 as a manufactured home park or recreational vehicle park, including any expansion of such uses on the same parcel as configured on June 12, 1996. 9. The following uses and their accessory uses may be conducted in a building or buildings not to exceed 4,000 square feet of floor space. a. Farm equipment, sales, service or repair. b. Trailer sales, service or repair. c. Vehicle service or repair. d. Veterinary clinic. Chapter 18.67 I (11/2020) Packet Pg. 18 5.1.b 10. The following uses may be conducted in a building or buildings not to exceed 10,000 square feet of floor space: a. Manufacturing or production. C b. Wholesale sales. d. Marijuana retailing, subject to the provisions of DCC 18.116.330. 11. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 12. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance Q m of irrigation systems operated by an Irrigation District, including the excavation and mining for F. facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. s D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.67.040(C)(I 1). C 1. Compatibility.-19 a. Any use expected to generate more than 50 truck -trailer and/or heavy equipment trips per day to d N and from the subject property shall not be permitted to locate on a lot or parcel adjacent to or = across a local or collector street from a lot or parcel in a residential district. 2. Traffic and Parking. a. A use that generates more than 20 auto or truck trips during the peak hour of the day to and from _ ca the premises shall document with facts that the affected transportation facilities are adequate to serve the proposed use, considering the functional classification, capacity and level of service of the affected transportation facility. b. All parking demand generated by uses permitted by DCC 18.67 shall be accommodated entirely M on the premises. w E. Requirements for Large Scale Uses. 1. All uses listed in DCC 18.67.040(B) may have a total floor area exceeding 4,000 square feet but not _ ar E greater than 10,000 square feet if the Planning Director or Hearings Body finds: a. The use is intended to serve the community and surrounding rural area or the traveling needs of E people passing through the area; b. The use will primarily employ a workforce from the community and surrounding rural area; and x e. it is not practical to contain the proposed use within 4,000 square feet of the floor area. F- 2. This provision does not apply to uses listed in DCC 18.67.040(C)(10). S 3. For the purposes of DCC 18.67.040, the surrounding rural area is described as the following: d extending north to the Township boundary between Townships 15 and 16; extending west to the boundary of the public lands managed by the U.S. Forest Service in T16S-R11 E; extending south to U) the south section lines of T17S-RI2E sections 4,5,6 and T17S-R11E sections 1,2,3; and extending = east to Highway 97. F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to $ new buildings in the TuC district except those uses listed in DCC 18.67.040(C)(10) and any residential 0 use. The provisions of DCC 18.124 also apply. 1. The windows must be at least 50 percent of the length of the ground level wall area and 25 percent of Y height of the ground level wall area. Ground level wall area includes all exterior wall area up to nine feet above the finished grade. The window requirement applies to the ground level of exterior building t walls which abut sidewalks or streets. 2. Required window areas shall be either windows that allow views into working areas, lobbies, a pedestrian entrances or display windows. G. Lot Requirements. No lot shall be created having less than a minimum of 10,000 square feet. Lot requirements for this district shall be determined by spatial requirements for sewage disposal, required s landscaped areas and off-street parking. H. Dimensional Standards. 1. Lot Coverage: No lot coverage requirements, provided spatial requirements for parking, sewage } a disposal and landscaping are satisfied. 2. No use listed in DCC 18.67.040(C)(10) that is located adjacent to or across a local or collector from Chapter 18.67 2 (11/2020) Packet Pg. 19 5.1.b a lot or parcel in a residential district shall exceed 70 percent lot coverage by all buildings, outside storage, or off-street parking and loading areas. 1. Yard Standards. 1. Front Yard. The fi•ont yard shall be a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070 (13)(3). The street setback for buildings may be reduced, but not increased, to the average building setback distance of existing buildings on adjoining lots. 2. Side Yard. No requirement, subject to DCC 18.67.040(I)(4). 3. Rear Yard. No specific requirement, subject to DCC 18.67.040 (I)(4). 4. Exceptions to Yard Standards. a. Lot line adjacent to a residential zone. For all new structures or substantial alteration of a structure requiring a building pen -nit on a lot adjacent to a residential district, the setback shall be a minimum of 15 feet. The required yard will be increased by one foot for each foot by which the building height exceeds 20 feet. b. Lot line adjacent to an EFU zone. Any structure requiring a building permit on a lot adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. (Ord. 2021-00x §x, 2021; Ord. 2020-010 §4, 2020; Ord. 2020-001 §8, 2020; Ord. 2016-015 §6, 2016; Ord. 2015-004 §5, 2015; Ord. 2004-013 §7, 2004; Ord. 2004-002 §19, 2004; Ord. 2001-039 §8, 2001; Ord. 2001-016 §2, 2001; Ord. 2000-033 §11, 2000; Ord. 97-063 §3, 1997; Ord. 97-033 §2, 1997) 18.67.060. Industrial (TuI) District. The purpose of the Industrial District is to allow a limited range of industrial uses to serve the community and the surrounding area. A. Uses permitted outright. The following uses and their accessory uses are permitted outright: l . Industrial uses in existence on the date of adoption of the Unincorporated Communities rule, OAR 660-022 (October 28, 1994); 2. Office buildings associated with industrial uses in existence on the date of adoption of the Unincorporated Communities rule, OAR 660-022 (October 28, 1994); 3. Restaurants and cafeteria facilities associated with industrial uses in existence on the date of adoption of the Unincorporated Communities rule, OAR 660-022 (October 28, 1994); 4. Residence for caretaker or night watchman on property with industrial uses in existence on the date of adoption of the Unincorporated Communities rule, OAR 660-022 (October 28, 1994); 5. Equipment storage associated with industrial uses in existence on the date of adoption of the Unincorporated Communities rule, OAR 660-022 (October 28, 1994); 6. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.080 and 18.116.230. 7. Class III road or street project. 8. Operation, maintenance, and piping of existing irrigation systems operated by -an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted, Subject to Site Plan Review. The following uses and their accessory uses are permitted in a building or buildings not to exceed 40,000 square feet of floor area, subject to the applicable provisions of DCC 18.67, 18.116, and 18.124. 1. Expansion or replacement of uses allowed under DCC 18.67.060(A); 2. Office buildings associated with industrial uses, 3. Restaurant and cafeteria facilities associated with industrial uses; 4. Residence for caretaker or night watchman on property with industrial uses; 5 Equipment storage associated with industrial uses; Chapter 18.67 3 (11/2020) Packet Pg. 20 5.1.b 6. Primary processing, packaging, treatment, bulk storage and distribution of the following products: a. Agricultural products, including foodstuffs, animal and fish products, and animal feeds. b. Ornamental horticultural products and nurseries. c. Softwood and hardwood products excluding pulp and paper manufacturing. d. Sand, gravel, clay and other mineral products. 7. Freight depot, including the loading, unloading, storage and distribution of goods and materials by railcar or truck; 8. Contractor's or building materials business and other construction -related business including plumbing, electrical, roof, siding, etc., 9. Welding, sheet metal, or machine shop provided such is wholly enclosed within a building or all outside storage is enclosed by site -obscuring fencing. 10. Mini -storage facility. IL Manufacturing, storage, sales, rental, repair and servicing of equipment and materials associated with farm and forest uses, logging, road maintenance, mineral extraction, construction or similar rural activities; 12. Any industrial use proposing to occupy more than 40,000 square feet of floor area in a building or buildings is subject to the provisions of DCC 18.67.060(C) and (D). 13. MaFijuana pFaeessing C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124, and 18.128: 1. Any use permitted by DCC 18.67.060(B) which will exceed 40,000 square feet of floor area; 2. Concrete or ready mix plant; 3. Stockpiling, storage, crushing and processing of minerals, including the processing of aggregate into asphaltic concrete or Portland Cement Concrete; 4. Buildings, structures, apparatus, equipment and appurtenances necessary for the above uses to be carried on. 1 4 . ,r o-rive: 6. Marijuana retailing, subject to the provisions of DCC 18.116.330. D. Use limitations. The following limitations and standards shall apply to all permitted uses: 1. A new industrial use may occupy more than 40,000 square feet of floor area in a building or buildings provided an analysis set forth in the comprehensive plan demonstrates and land use regulations ensure: a. The use will primarily employ a work force from the community and surrounding rural area and will not rely upon a work force served by uses within urban growth boundaries. The determination of the work force of the community shall consider the total industrial employment in the community and surrounding rural area and be coordinated with employment projections for nearby urban growth boundaries; and b. It is not practical to contain the proposed use within 40,000 square feet of the floor area. 2. For the proposes of DCC 18.67.060, the surrounding rural area is described as the following: extending north to the Township boundary between Townships 15 and 16; extending west to the boundary of the public lands managed by the U.S. Forest Service in T16S-RI1E; extending south to the south section lines of T17S-R12E sections 4,5,6 and T17S-RI I sections 1,2,3; and extending east to Highway 97. E. Dimensional standards. In the Industrial Zone, the following dimensional standards shall apply: 1. The minimum lot size shall be determined subject to the provisions of DCC 18.67.060 Chapter 18.67 4 (11/2020) Packet Pg. 21 5.1.b relative to setback requirements, off-street parking and loading, and as deemed necessary by the Planning Director or Hearings Body, to maintain air, water and land resource quality and to protect adjoining and area land uses. 2. The minimum building setback between a structure and a street, road or railroad right-of-way line shall be 25 feet unless a greater setback is required for compliance with Comprehensive Plan policies. 3. The minimum setback between a structure and a property line adjoining a residential lot or use in a platted subdivision or residential zone shall be 50 feet. 4. The minimum setback between a structure and an existing use shall be three feet from the property line and six feet from a structure on the adjoining property. 5. The maximum building height shall be 45 feet on any lot adjacent to a residential use or lot in a platted subdivision or residential zone. 6. The minimum lot frontage shall be 50 feet. 7. Exception to Yard Standards. Any new structure requiring a building permit on a lot adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. F. Industrial Site design. The site design of any permitted use shall make the most effective use reasonably possible of the site topography, existing landscaping and building placement so as to preserve existing trees and natural features, preserve vistas and other views from public ways and neighboring residential uses and to minimize intrusion into the character of existing developments in the immediate vicinity of the proposed use. G. Design and use criteria. In the consideration of an application for a new industrial use, the Planning Director or Hearings Body shall take into account the impact of the proposed use on nearby residential and commercial uses, on resource carrying capacities and on the capacity of transportation and other public facilities and services. In approving a proposed use, the Planning Director or Hearings Body shall find that: 1. The new use is in compliance with the Comprehensive Plan. 2. The new use is in compliance with the intent and provisions of DCC Title 18. 3. That any adverse social, economical, physical or environmental impacts are minimized. H. Additional requirements. As a condition of approval, the Planning Director or Hearings Body may require: 1. An increase in required setbacks. 2. Additional off-street parking and loading facilities. 3. Limitations on signs or lighting, hours of operation, and points of ingress and egress. 4. Additional landscaping, screening and other improvements. 5. Any other conditions considered necessary to achieve compliance with the intent and purposes of DCC Title 18 and policies of the Comprehensive Plan. I. For purposes of this chapter, a new industrial use does not include industrial uses in existence on the date of Ord. 2005-16. Unless expanded or altered, industrial uses in existence on the date of adoption of the TUI District are not subject to the requirements of 18.67.060(B) or 18.67.060(C). (Ord. 2021-00x fix, 2021; Ord. 2016-015 §6, 2016; Ord. 2015-004 §6, 2015, Ord. 2005-016 §2, 2005) Chapter 18.67 5 (11/2020) Packet Pg. 22 5.1.b Chapter 18.100. RURAL INDUSTRIAL ZONE - R-I 18.100.010. Uses Permitted Outright. 18.100.020. Conditional Uses. 18.100.010. Uses Permitted Outright. In an R-I Zone, the following uses and their accessory uses are permitted outright except as limited by DCC 18.100.040, and unless located within 600 feet from a residential dwelling, a lot within a platted subdivision or a residential zone. A. Farming or forest use. B. Primary processing, packaging, treatment, bulk storage and distribution of the following products: 1. Agricultural products, including foodstuffs, animal and fish products, and animal feeds. 2. Ornamental horticultural products and nurseries. 3. Softwood and hardwood products excluding pulp and paper manufacturing. 4. Sand, gravel, clay and other mineral products. C. Residence for caretaker or night watchman on property. D. Freight Depot, including the loading, unloading, storage and distribution of goods and materials by railcar or truck. E. Contractor's or building materials business and other construction -related business including plumbing, electrical, roof,, siding, etc., provided such use is wholly enclosed within a building or no outside storage is permitted unless enclosed by sight -obscuring fencing. F. Ice or cold storage plant. G. Wholesale distribution outlet including warehousing, but excluding open outside storage. H. Welding, sheet metal or machine shop provided such is wholly enclosed within a building or all outside storage is enclosed by sight -obscuring fencing. 1. Kennel or a Veterinary clinic. J. Lumber manufacturing and wood processing except pulp and paper manufacturing. K. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. L. Class III road or street project. M. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. (Ord 2021-00x &x, 2021; Ord. 2016-015 §8, 2016; Ord. 2015-004 §8, 2015; Ord. 2002-126, §1, 2002; Ord. 2001-039 §12, 2001; Ord. 2001-016 §2, 2001; Ord. 93-043 §16, 1993; Ord. 91-038 §1, 1991) 18.100.020. Conditional Uses. The following uses may be allowed subject to DCC 18.128: A. Any use permitted by DCC 18.100.010, which is located within 600 feet of a residential dwelling, a lot within a platted subdivision or a residential zone. B. Any use pennitted by DCC 18,100.010, which involves open storage. C. Concrete or ready -mix plant. D. Petroleum products storage and distribution. E. Storage, crushing and processing of minerals, including the processing of aggregate into asphaltic concrete or Portland Cement Concrete. F. Commercial feedlot, stockyard, sales yard, slaughterhouse and rendering plant. G. Railroad trackage and related facilities. Chapter 18.100 1 (11 /2018) Packet Pg. 23 5.1.b H. Pulp and paper manufacturing. 1. Any use permitted by DCC 18.100.010, which is expected to exceed the following standards: 1. Lot coverage in excess of 70 percent. 2. Generation of any odor, dust, fumes, glare, flashing lights or noise that is perceptible without instruments 500 feet from the property line of the subject use. J. Manufacture, repair or storage of articles manufactured from bone, cellophane, cloth, cork, feathers, felt, fiber, glass, stone, paper, plastic, precious or semiprecious stones or metal, wax, wire, wood, rubber, yarn or similar materials, provided such uses do not create a disturbance because of odor, noise, dust, smoke, gas, traffic or other factors. K. Processing, packaging and storage of food and beverages including those requiring distillation and fermentation. L. Public Landfill Transfer Station, including recycling and other related activities. M. Mini -storage facility. N. Automotive wrecking yard totally enclosed by a sight -obscuring fence. O. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). P. Utility facility. Q. Manufacturing, storage, sales, rental, repair and servicing of equipment and materials associated with farm and forest uses, logging, road maintenance, mineral extraction, construction or similar rural activities. R. Electrical substations. S. Marijuana retailing, subject to the provisions of DCC 18.116.330. J. . (Ord. 2021-00x §x, 2021; Ord. 2018-006 § 12, 2018; Ord. 2016-015 §8, 2016; Ord. 2004-013, § 10, 2004; Ord. 2002-126, §1, 2002; Ord. 2001-039 § 12, 2001; Ord. 2001-016 §2, 2001; Ord. 97-063 §3, 1997; Ord. 91-03 8 §1, 1991; Ord. 91-020 §1, 1991; Ord. 90-014 §38, 1990; Ord. 86-018 §15, 1986) Chapter 18.100 2 (11/2018) Packet Pg_24 5.1.b Chapter 18.108. URBAN UNINCORPORATED COMMUNITY ZONE - SUNRIVER 18.108.110. Business Park— BP District. 18.108.110. Business Park - BP District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. Residential uses existing as of March 31, 1997. 2. Administrative, educational and other related facilities in conjunction with a use permitted outright. 3. Library. 4. Recreational path. S. Post office. 6. Religious institutions or assemblies. 7. Child care facilities, nurseries, and/or preschools. 8. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of- Retail/rental store, office and service establishment, including but not limited to the following: a. Automobile, motorcycle, boat, recreational vehicle, trailer or truck sales, rental, repair or maintenance business, including tire stores and parts stores. b. Agricultural equipment and supplies. c. Car wash. d. Contractor's office, including but not limited to, building, electrical, plumbing, heating and air conditioning, painter, etc.. e. Construction equipment sales, rental and/or service. f. Exterminator services. g. Golf cart sales and service. h. Lumber yard, home improvement or building materials store. i. Housekeeping and janitorial service. j. Dry cleaner and/or self-service laundry facility. k. Marine/boat sales and service. 1. Restaurant, bar and cocktail lounge including entertainment. q. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 9. A building or buildings each not exceeding 20,000 square feet of floor space housing any combination of: a. Scientific research or experimental development of materials, methods or products, including engineering and laboratory research. b. Light manufacturing, assembly, fabricating or packaging of products from previously prepared materials, including but not limited to cloth, paper, leather, precious or semi-precious metals or stones, etc. c. Manufacture of food products, pharmaceuticals and the like, but not including the production of fish or meat products, or the rendering of fats and oils. d. Warehouse and distribution uses in a building or buildings each less than 10,000 square feet of floor area. 10. Employee housing structures. Chapter 18.108 1 (10/2020) Packet Pg. 25 ] 5.1.b B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit: 1. Public buildings and public utility structures and yards, including railroad yards. 2. A dwelling unit for a caretaker or watchman working on a developed properly. 3. Law enforcement detention facility. 4. Parking lot. 5. Radio and television broadcast facilities. 6. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of: a. Bowling alley. b. Theater. c. Veterinary clinic and/or kennel. 18.116.330, e. Marijuana retailing, subject to the provisions of DCC 18.116.330. 7. A building or buildings each not exceeding 20,000 square feet of floor space housing any combination of a. Warehouses and distribution uses in a building or buildings exceeding 10,000 square feet of floor area. b. Distillery and beer/ale brewing facility, including wholesale sales thereof. c. Self/mini storage. d. Trucking company dispatch/terminal. e. Solid waste/garbage operator, not including solid waste disposal or other forms of solid waste storage or transfer station. C. Use Limits. The following limitations and standards shall apply to uses listed in DCC 18.108.110(A) or (B): 1. A use expected to generate more than 30 truck -trailer or other heavy equipment trips per day to and fi-om the subject property shall not be permitted to locate on a lot adjacent to or across the street from a lot in a residential district. 2. Storage, loading and parking areas shall be screened from residential zones. 3. No use requiring air contaminant discharge permits shall be approved by the Planning Director or Hearings Body prior to review by the applicable state or federal permit reviewing authority, nor shall such uses be permitted adjacent to or across the street from a residential lot. D. Special Requirements for Large Scale Uses. Any of the uses listed in DCC 18.108.110(A)(6) or (B)(6) may be allowed in a building or buildings each exceeding 8,000 square feet of floor space if the Planning Director or Hearings Body finds: 1. That the intended customers for the proposed use will come fi•om the community and surrounding rural area, or the use will meet the needs of the people passing through the area. For the purposes of DCC 18.108.110, the surrounding rural area shall be that area identified as all property within five miles of the boundary of the Sunriver Urban Unincorporated Community; 2. The use will primarily employ a work force from the community and surrounding rural area; and 3. That it is not practical to locate the use in a building or buildings under 8,000 square feet of floor space. E. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 45 feet in height. F. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. Each lot shall have a minimum depth of 100 feet. 4. Front Yard. The front yard shall be a minimum of 25 feet. Chapter 18.108 2 (10/2020) Packet Pg. 26 5. Side Yard. No side yard required, except when adjoining a lot in an RS or RM District and then the required side yard shall be 50 feet. No side yards are required on the side of a building adjoining a railroad right of way. 6. Rear Yard. No rear yard required, except when adjoining a lot in an RS or RM District and then the rear yard shall be 50 feet. No rear yard is required on the side of a building adjoining a railroad right of way. 7. Lot Coverage. The maximum lot coverage by buildings and structures shall be 50 percent of the total lot area. G. Special Requirements for Employee Housing 1. The following definitions shall apply to DCC 18.108.110(A)(10): "Employee" shall mean a person who earns a living by working in the hospitality, food and beverage, outdoor recreation or tourism industry (i) in or within two (2) miles of the Sunriver Urban Unincorporated Community Boundary, or (ii) at Mt. Bachelor Ski and Summer Resort. "Employer" shall mean a person or entity who employs at least 50 full- or part-time Employees, as defined above, within the Sunriver Urban Unincorporated Community. "Employee Housing Structure" shall mean a dormitory or similar dwelling structure whose sole purpose is to serve the housing needs of Employees, and the occupancy of which is restricted to Employees. For the purposes of this section, "dormitory" is defined as a building primarily providing sleeping and residential quarters for large numbers of people, and may include common areas and kitchen facilities. 2. Employee's spouse, partner and minor children shall only be allowed if compelled by either state or federal law. 3. Employee Housing Structures must be owned and operated by an Employer. 4. Employees, as defined above, who are not employed by an Employer, as defined above, shall only be permitted to reside in an Employee Housing Structure if the Employee's employer has a signed housing agreement with the Employer operating the Structure. 5. Parking Requirements. Employee Housing Structures must provide as a minimum one vehicular parking space for every 3 beds provided, and bicycle parking for at least one space for every two beds provided. a. For Employee Housing Structures constructed in one or more phases, the parking requirements may be reduced to no fewer than one space for every six beds if the applicant demonstrates at the time of site plan approval that a lesser parking ratio will continue to provide adequate parking as required by DCC 18.116.030(D)(9). (Ord 2021-00x §x 2021, Ord. 2020-001 § 12, 2020; Ord. 2020-004 § 1, 2020; Ord. 2019-008 § 1, 2019; Ord. 2016-015 §9, 2016; Ord. 2015-004 §9; 2015; Ord. 2012-002 §1, 2012; Ord. 97-078 §2, 1997) Chapter 18.108 3 (10/2020) Packet Pg. 27 5.1.b Chapter 18.1.16. SUPPLEMENTARY PROVISIONS 18.116.330 Marijuana Production, Processing, an&Retailing,q - afig 18.116.340 Marijuana Production Registered by the Oregon Health Authority (OHA) am E c am E Q 18.116.330. Marijuana Production, Processing, - m'id Retailing tc 11n(al�saliq A. Applicability. Section 18.116.330 applies to: m 1. Marijuana Production in the EFU, MUA-10, and RI zones subiect t0 a,iaild IISCDerrni_r al plied f r ltOiil_1ul}..1 '1016 to ]Vlat'cl1 1.�>021�actual_Ci<1tC '11�i� as i3:_i�tll �7C�111 effective� date of the OrdinaLiceC tff1 this t'c>1x1S ci --text aii) .ndnientJ_SC ti1lti ]t<<d,_pu SLl_tilt 10 l_ �.. _��. f7 _\V (111d LIS _17C i illitS f()l: U) inariivalia I)lodu oll Ill 'Ifo(llicutloli d zolles r prohibited by No. )0' 1 -00 a. dl _ 2,--.,Marijuana Processing in the EFU, MUA-10, TeC, TeCR, TuC, Tul, RI, and SUBP zones, Subic t to,a_l_itid use perillit applied lot` (('Lill ful�,'_12016 to ViarCl1 >1,_2021_ actital date � l�i dS i \\ill be the effective date of th ddopthig this ��rdiiiatict� �otldii1o111� 50 10t1 ti 14 said 13L1"!Till \} l� �} _d ill(l t1lL lIS� G1�d5 fi16tlat( d plli;Sl7Ciill LE7_l)(�� iXl -),36,Nle\\laud usi 1)lruiits_for tuarl tlalla }i<7E eS51_i1jIll 1Corelti(:illioll )d Zone's are prohibited h9 , O divai1{'e No 2021_004 pip 3. Marijuana Retailing in the RSC, TeC, TeCR, TuC, Tul, RC, RI, SUC, SUTC, and SUBP zones. 4. Marijuana Wholesaling in the RSC TeC, TeCR, TuC RC, SUC, and SUBP zones B. C oLitltluld lll_riivalia p oCll.11_doii aLLd.111larii fail l I)tOC( `,SlIIi-'._So loili_°<i41l1C_,perti11t \\ t`+ .1_pproved -a '111d thC'_L1SC was illitiated oursuam to T)C (}2,)F➢ttiaiiiu?tia DI'0du(:lt0i1 dud DiO C ,sin-' Su17 C t y t0 l,lilC1,US _1) i'!i11tS.rt. )11ed ff)f' 1i0111 _11l1\_1, _',016 to Matl_l1 .i 1. 021 lact_ual date l BD c S_C[ will E Q bethe effie ,tine date ofthe _Ordi11'it1Ge wd' )Cjrq? t11is text _ainciieli 7E1]ll ilim'_.coudillic as � Roiicolilottlliil£.'_ us l s j SuatIt to DC C 1 8.1)0.01 0. Prior to [lie imt1<'3tloll oC,the 1!SC, i lict_la!id F- IisC }}.l'rnuls u,iay oLIN b4 ruodllif C _DLltSl! llil_I0 the cLill l I i established modilicatfoi1,01 /�1)1)I.0\al. A cl] iige it) owi1CtS11lj) Ol i 1)rOl)( 1t� \Jltl1 1_1ai1C1 LlSC j)CllYlll'IOr Q i11d1't11. n ]�)I Oductiou of 1)lOC SSIil" use, Qt a ch'al ( ill owl (�}�5 Ot a 1)uSlill,SS C(1° lc' d ill J9 1113iilll,Odu tiioii o� proc Sshm_. sh ill i'tot be deegi d a C h iw o1 circ ?ills( llic i c.Ctilii Illy _ _ S - a Illodill( Itioll oC m l)I'oVi7l_PH'SLIal1t to D('(_2 13'i7 0 0 ot'_al1 dtcr itlotl of"a uo11coii1oC_riiiil( C 1lS l)ul_suallt to 1)C C', 1 1 20.010, _A ch,,mge ill locatlotl 1(JId illat'tjli lii<l)(o(It1C'ti0il.Oi° Z ()IO�CSSitl C_IS (irohibite.d b [)(f f 18 1,20 010 aild liC'C_ ) _>6_0 0 aS atly location cha!tf?e \\Ill ha\Yc a greater adversc illipaC t oil [he cidditiollal iumaC _S � C➢li Ll%,lC?lt_ll(:IilL, f)i<)�)ertics. Ili_ ddit1011 to cot1llitioil5 (➢1 1J7(7I0\ ll Sf7l C if1 _C�_ill each lait(i_11SG po�rrnit.' tile foliowili T sLtudards shall govertl_(.OptitiLi d.111,11-iiil llla_1)I'Odui.'1i0.Il iI1C`i_12toC(SSlil, _ .F a 1L,S i +l a 1 Sri x'jt R✓,- dal 31j; 1,lr t+ rj _ f,1 j11r<� 5s j.LL1�4�J'r,i-'i�tz�l-L) 1 J�"Y�"F.e V:'3'�.ft i�"'tYiS'C?'l'1'(`Y1'�Gi`{}`1,ii:"iQ.!"'iCI�Ce""S�`Pk+\'A'iS"�f�4'�.'�.Tt�ii'V�.i'T!"Wf'C71"'� Cl�fl'lii"�l'1"i C"�C l�'a: E 1. Minimum Lot Area. a. In the EFU and MUA-10 zones, the subject legal lot of record shall have a minimum tv lot area of five (5) acres. Q 2. Indoor Production and Processing. a. In the MUA-10 zone, marijuana production and processing shall be located entirely E within one or more fully enclosed buildings with conventional or post framed opaque, rigid walls and roof covering. Use of greenhouses, hoop houses, and similar non -rigid structures is prohibited. Q Chapter 18.116 (10/2020) Packet Pg. 28 5.1.b b. In the EFU zone, marijuana production and processing shall only be located in buildings, including greenhouses, hoop houses, and similar structures. c. h1 all zones, marijuana production and processing are prohibited in any outdoor area. 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 or greater 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. 4. Maximum Building Floor Area. In the MUA-10 zone, the maximum building floor area used for all activities associated with marijuana production and processing on the subject property shall be: 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: 5,000 square feet. 5. 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. 6. Setbacks. The following setbacks shall apply to all marijuana production and processing areas and buildings: a. Minimum Yard Setback/Distance from Lot Lines: 100 feet. b. Setback from an off -site dwelling: 300 feet. 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. c. 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. 7. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1,000 feet from: i. 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;_ n-d, Chapter 18.116 (10/2020) Packet Pg. 29 5.1.b iv. National monuments and state parks. b. For purposes of DCC 18.116.330(13)(7), all distances shall be measured from the lot line of the affected properties listed in DCC 18.116.330(B)(7)(a) to the closest point of the buildings and land area occupied by the marijuana producer or marijuana processor. c. A change in use of another property to those identified in DCC 18.116.330(B)(7) shall not result in the marijuana producer or marijuana processor being in violation of DCC 18.116.330(13)(7) if the use is: i. Pending a local land use decision; a ii. Licensed or registered by the State of Oregon; or x iii. Lawfully established. � 8. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana = plants shall comply with the following standards. Q CD a. Have frontage on and legal direct access from a constructed public, county, or state road; or b. Have access from a private road or easement serving only the subject property. N c c. If the property takes access via a private road or easement which also serves other = �a properties, the applicant shall obtain written consent to utilize the easement or private road for marijuana production access from all owners who have access rights to the 2, private road or easement. The written consent shall: i. Be on a form provided by the County and shall contain the following inforination; ii. Include notarized signatures of all owners, persons and properties holding a recorded interest in the private road or easement; M iii. Include a description of the proposed marijuana production or marijuana w processing operation; and iv. Include a legal description of the private road or easement. E 9. Lighting. Lighting shall be regulated as follows: a. Inside building lighting, including greenhouses, hoop houses, and similar structures, E used for marijuana production shall not be visible outside the building from 7:00 p.m. a to 7:00 a.m. on the following day. x a) 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 projectedCL =_ 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 A9 m DCC 15.10, Outdoor Lighting Control. 10. Odor. As used in DCC 18.116.330(B)(l0), building means the building, including =° greenhouses, hoop houses, and other similar structures, used for marijuana production or marijuana processing. a. The building shall be equipped with an effective odor control system which must all times prevent unreasonable interference of neighbors' use and enjoyment of their property. b. An odor control system is deemed permitted only after the applicant submits a report by a mechanical engineer licensed in the State of Oregon demonstrating that the system s will control odor so as not to unreasonably interfere with neighbors' use and enjoyment of their property. a c. Private actions alleging nuisance or trespass associated with odor impacts are authorized, if at all, as provide in applicable state statute. d. The odor control system shall: _ i. Consist of one or more fans. The fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width Q multiplied by height) divided by three. The filter(s) shall be rated for the required CFM; or Chapter 18.116 (10/2020) Packet Pg. 30 5.1.b ii. Utilize an alternative method or technology to achieve equal to or greater odor mitigation than provided by (i) above. e. The system shall be maintained in working order and shall be in use. 11. Noise. Noise produced by marijuana production and marijuana processing shall comply with the following: a. Sustained noise from mechanical equipment used for heating, ventilation, air condition, odor control, fans and similar functions shall not exceed 30dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. b. Sustained noise from marijuana production is exempt from protections of DCC 9.12 and ORS 30.395, Right to Farm. Intermittent noise for accepted farming practices is permitted. 12. 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. Subject to 18.84, Landscape Management Combining Zone approval, if applicable. b. Fencing 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 hat -vest of forest products in accordance with the Oregon Forest Practices Act; or agricultural use of the land. 13. Water. The applicant shall provide: a. A copy of a water right permit, certificate, or other- water use authorization from the Oregon Water Resource Department; or b. A statement that water is supplied from a public or private water provider, along with the name and contact information of the water provider; or c. Proof from the Oregon Water Resources Department that the water to be used is from a source that does not require a water right. 14. 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 a fire protection district. 15. Utility Verification. A statement fi-om each utility company proposed to serve the operation, stating that each such company is able and willing to serve the operation, shall be provided. 16. 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. 17. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA Person Responsible for the Grow Site (PRMG). 18. Residency. In the MUA-10 zone, a minimum of one of the following shall reside in a dwelling unit on the subject property: a. An owner of the subject property; b. A holder of an OLCC license for marijuana production, provided that the license applies to the subject property; or Chapter 18.116 (10/2020) Packet Pg. 31 5.1.b c. A person registered with the OHA as a person designated to produce marijuana by a registry identification cardholder, provided that the registration applies to the subject property. 19. Nonconformance. All medical marijuana grow sites lawfully established prior to June 8, 2016 by the Oregon Health Authority shall comply with the provisions of DCC 18.116.330(13)(9) by September 8, 2016 and with the provisions of DCC 18.116.330(B)(10- 12, 16, 17) by December 8, 2016. 20. 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)(o), 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 with a marijuana crop; and i 47iv s —Agri-tourism and other commercial events and activities in conjunction with a marijuana crop. b. In the MUA-l0 Zone, the following uses are prohibited: i. Commercial activities in conjunction with farm use when carried on in conjunction with a marijuana crop. c. In the EFU, MUA-10, 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. C. Marijuana Retailing. Marijuana retailing, including recreational and medical marijuana sales, shall be subject to the following standards and criteria: 1. Hours. Hours of operation shall be no earlier than 9:00 a.m. and no later than 7:00 p.m. on the same day. 2. Odor. The building, or portion thereof, used for marijuana retailing shall be designed or equipped to prevent detection of marijuana plant odor off premise by a person of normal sensitivity. 3. Window Service. The use shall not have a walk-up or drive-thru window service. 4. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA registrant. 5. Minors. No person under the age of 21 shall be permitted to be present in the building, or portion thereof, occupied by the marijuana retailer, except as allowed by state law. 6. Co -Location of Related Activities and Uses. Marijuana and tobacco products shall not be smoked, ingested, or otherwise consumed in the building space occupied by the marijuana retailer. In addition, marijuana retailing shall not be co -located on the same lot or parcel or within the same building with any marijuana social club or marijuana smoking club. 7. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1,000 feet fi•om: i. 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; Chapter 18.116 (10/2020) Packet Pg. 32 5.1.b 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 family child care which occurs at or in residential m pstructures; iv. National monuments and state parks; and x v+. Any other marijuana retail facility licensed by the OLCC or marijuana dispensary m H registered with the OHA. M E b. For purposes of DCC 18.116.330(B)(7), distance shall be measured from the lot line of the affected property to the closest point of the building space occupied by the Y marijuana retailer. For purposes of DCC 18.116.330(B)(7)(a)( vi), distance shall be U) measured from the closest point of the building space occupied by one marijuana c retailer to the closest point of the building space occupied by the other marijuana = ca retailer. c. A change in use to another property to a use identified in DCC 18.116.330(B)(7), after a marijuana retailer has been licensed by or registered with the State of Oregon shall not result in the marijuana retailer being in violation of DCC 18.116.330(B)(7). D. Annual Reporting 1. An annual report shall be submitted to the Community Development Department by the 00 e°.> 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: E a. Documentation demonstrating compliance with the: i. Land use decision and permits. E ii. Fire, health, safety, waste water, and building codes and laws. Q iii. State of Oregon licensing requirements. 4) m b. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or a) to demonstrate compliance with DCC 18.116. 330(C)(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 U) license renewal(s) for the subject use. ° x 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. o d. Marijuana Control Plan to be established and maintained by the Community , Development Department. Z e. Conditions of Approval Agreement to be established and maintained by the Community Development Department. E f. This information shall be public record subject to ORS 192.502(17). (Qrd 2021-00x�x 2021, Ord. 2020-007 §16, 2020; Ord. 2019-012, 2019; Ord. 2018-012 §3, Q 2018; Ord. 2016-015 § 10, 2016) 18.116.340. Marijuana Production Registered by the Oregon Health Authority (OHA) A. Applicability. Section 18.116.340 applies to: 1. All marijuana production registered by OHA prior to June 1, 2016; and 2. All marijuana production registered by OHA on or after June 1 2016 until the effective date Chapter 18.116 (10/2020) Packet Pg. 33 5.1.b of Ordinances 2016-015, 2016-16, 2016-17, and 2016-18, at which time Ordinances 2016- 0 15 through Ordinance 2016-018 shall apply. B. All marijuana production registered by OHA prior to June 1, 2016 shall comply with the following standards by September 15, 2016: 1. 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 7:00 p.m. to 7:00 a.m. on the following day. 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. C. All marijuana production registered by OHA prior to June 1, 2016 shall comply with the following standards by December 15, 2016: 1. Odor. As used in DCC 18.116.330(B)(I 0), building means the building, including greenhouses, hoop houses, and other similar structures, used for marijuana production or marijuana processing. a. 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. b. An odor control system is deemed permitted only after the applicant submits a report by a mechanical engineer licensed in the State of Oregon demonstrating that the system will control odor so as not to unreasonably interfere with neighbors' use and enjoyment of their property. c. Private actions alleging nuisance or trespass associated with odor impacts are authorized, if at all, as provided in applicable state statute. d. The odor control system shall: i. Consist of one or more fans. The fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the required CFM; or ii. Utilize an alternative method or technology to achieve equal to or greater odor mitigation than provided by i. above. e. The system shall be maintained in working order and shall be in use. 2. Noise. Noise produced by marijuana production and marijuana processing shall comply with the following: a. Sustained noise from mechanical equipment used for heating, ventilation, air condition, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. b. Sustained noise from marijuana production is not subject to the Right to Farm protections in DCC 9.12 and ORS 30.395. Intermittent noise for accepted farming practices is however permitted. 3. 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. Subject to DCC 18.84, Landscape Management Combining Zone approval, if applicable. b. Fencing 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, Chapter 18.116 (10/2020) Packet Pg. 34 5.1.b 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. 4. Water. The applicant shall provide: a. A copy of a water right permit, certificate, or other water use authorization from the Oregon Water Resource Department; or b. A statement that water is supplied fi•om a public or private water provider, along with the name and contact information of the water provider; or c. Proof from the Oregon Water Resources Department that the water to be used is from a source that does not require a water right. 5. 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. 6. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA Person Responsible for the Grow Site (PRMG). 7. Inspections and Annual Reporting. All marijuana production registered by OHA prior to June 1, 2016 shall comply with DCC 18.116.340(D)(8) when site locations are identified or otherwise disclosed by the State of Oregon. D. All new marijuana production registered by OHA on or after June 1, 2016 shall comply DCC 18.116.340(A-C) and the following standards: I . Shall only be located in the following zones a. EFU; b. MUA-10: or c. Rural Industrial in the vicinity of Deschutes Junction. 2. Minimum Lot Area. a. in the EFU and MUA-10 zones, the subject property shall have a minimum lot area of five (5) acres. 3. Maximum Building Floor Area. In the MUA-10 zone, the maximum building floor area used for all activities associated with medical marijuana production on the subject property shall be: a. Parcels from 5 acres to less than 10 acres in area: 2,500 square feet. b. Parcels equal to or greater than 10 acres: 5,000 square feet. 4. Setbacks. The following setbacks shall apply to all marijuana production areas and buildings: a. Minimum Yard Setback/Distance from Lot Lines: 100 feet. b. Setback from an off -site dwelling: 300 feet. 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 submitted to Deschutes County. c. Exception: Reductions to these setback requirements may be granted at the discretion of the Planning Director or Hearings Body provided the applicant demonstrates that the reduced setbacks afford equal or greater mitigation of visual, odor, noise, lighting, privacy, and access impacts. Chapter 18.116 (10/2020) Packet Pg_35 5.1.b 5. Indoor Production and Processing. a. In the MUA-10 zone -._marijuana production shall be located entirely within one or more fully enclosed buildings with conventional or post framed opaque, rigid walls and roof covering. Use of greenhouses, hoop houses, and similar structures is prohibited, b. In the EFU zone, marijuana production shall only be located in buildings, including greenhouses, hoop houses, and similar structures. c. In all zones, marijuana production is prohibited in any outdoor area. 6. 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 or greater 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. 7. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1000 feet from: i. 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;;:A_atid iv. National monuments and state parks. b. For purposes of DCC 18.116.330(B)(7), all distances shall be measured from the lot line of the affected properties listed in DCC 18.1 16.330(,B)(7)(a) to the closest point of the buildings and land area occupied by the marijuana producer or marijuana processor. c. A change in use of another property to those identified in DCC 18.116.33 0(B)(7) shall not result in the marijuana producer or marijuana processor being in violation of DCC 18.116.330(B)(7) if the use is: i. Pending a local land use decision: ii. Registered by the State of Oregon: or iii. Lawfully established. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana plants shall comply with the following standards. Chapter 18.116 (10/2020) Packet Pg. 36 5.1.b a. Have frontage on and legal direct access from a constructed public, county, or state road; or b. Have access from a private road or easement serving only the subject property. c. If the property takes.access via a private road or easement which also serves other properties, the applicant shall obtain written consent to utilize the easement or private road for marijuana production access from all owners who have access rights to the private road or easement. The written consent shall: i. Be on a form provided by the County and shall contain the following information:, ii. Include notarized signatures of all owners, persons and properties holding a recorded interest in the private road or easement; iii. Include a description of the proposed marijuana production or marijuana processing operation; and iv. Include a legal description of the private road or easement. 9. Residency. In the MUA-10 zone, a minimum of one of the following shall reside in a dwelling unit on the subject property: a. An owner of the subject property; or b. A person registered with the OHA as a person designated to produce marijuana by a registry identification cardholder, provided that the registration applies to the subject property. 10. Annual Reporting. 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 fees 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. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116.330(0(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. 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. Marijuana Control Plan to be established and maintained by the Community Development Department. e. Conditions of Approval Agreement to be established and maintained by the Community Development Department. f. This information shall be public record subject to ORS 192.502(17). 11. 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(l)(r) or 215.283(1)(o), used in conjunction with a marijuana crop; iii. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(21)(a), carried on in conjunction a marijuana crop; and. Chapter 18.116 (10/2020) Packet Pg. 37 5.1.b iv. Agri -tourism and other commercial events and activities in conjunction with a marijuana crop. b. In the MUA-10 Zone, the following uses are prohibited: i. Commercial activities in conjunction with farm use when carried on in conjunction with a marijuana crop. c. In the EFU, MUA-10, 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. (Qrdi 20 21_-00x STx, 2021, Ord. 2019-012, 2019; Ord. 2018-012 §3, 2018; Ord. 2016-019 § 1, 2016) Chapter 18.116 (10/2020) Packet Pg. 38 5.1.c FINDINGS I. BACKGROUND A. Deschutes County Marijuana Regulation History Following the passage of Ballot Measure 91 (2014), legalizing the sale and recreational use of marijuana, and HB 3400 (2015), refining the implementation of marijuana legalization, the Deschutes County Board of Commissioners (Board) adopted marijuana regulations in June 2016 (Ordinance Nos. 2016-013, 2016-014, 2016- 015, 2016-017, 2016-018, and 2016-019). Following their initial adoption, the Board committed to reexamine Deschutes County's marijuana land use regulations post -implementation after gaining additional experience regulating the evolving marijuana industry. Deschutes County utilized extensive resources from 2017 to 2020 to attempt to develop reasonable time, place, and manner marijuana regulations. During this time, citizens on all sides of the issue vocally expressed their dissatisfaction, consistently expressing doubt that Deschutes County's regulations have the ability to successfully harmonize ostensibly incompatible land uses in the rural County due to marijuana's classification as a farm crop. B. Opt Out Ordinances On August 19, 2019, the Board adopted by emergency Ordinance No. 2019-014, which prohibited the establishment of future (new) marijuana production and processing businesses in unincorporated Deschutes County (commonly referred to as an Opt Out). Ordinance No. 2019-015, adopted on October 16, 2019, further clarified that Ordinance No. 2019-014 has no impact on the County's past marijuana production land use decisions and does not preclude those applicants from moving forward in the licensure process with the Oregon Liquor Control Commission (OLCC). Oregon law (ORS 475B.968) provides that Deschutes County may adopt ordinances prohibiting marijuana businesses, but must then refer the matter to County electors at the next statewide general election. On November 3, 2020, Ballot Measure 9-134 asked voters if they wanted to repeal the opt -out ordinances —a "yes" vote would once again allow new marijuana production and processing businesses in Deschutes County, and a "no" vote would continue to prohibit new marijuana production and processing businesses in Deschutes County. Ultimately, Deschutes County residents voted "no" to Measure 9-134, thereby upholding the opt -out and prohibiting future/new commercial marijuana production and processing businesses from being established in the unincorporated County. 11. PROPOSAL This is a legislative text amendment to Deschutes County Code (DCC), Title 18, County Zoning. The primary purpose of the amendments is to reflect and clarify the changes required by Ballot Measure 9-134. The proposal addresses in DCC 18.116.330(A), marijuana production and processing land use permits that were issued from July 1, 2016 to the effective date of Ordinance No. 2021-004. Specifically, it clarifies that marijuana production and processing subject to land use permits applied for from July 1, 2016 to the effective date of Ordinance No. 2021-004, in which the use has been initiated pursuant to Deschutes County Code Chapter 22.36, may continue as nonconforming uses pursuant to DCC 18.120.010, which includes criteria for alterations. Marijuana production or processing land use permits where the use has not yet been initiated may be only be modified pursuant to the criteria established by DCC 22.36.040, Modification of Approval. Page 1 of 4 - EXHIBIT X TO ORDINANCE NO, 2021-004 Packet Pg. 39 5.1.c The proposal clarifies that a change in ownership of a land use permit issued for marijuana production or processing does not require a modification of approval or an alteration of a nonconforming use. A change in location for a land use permit issued for marijuana production or processing is prohibited. The proposal also removes marijuana production and/or processing as permitted or conditional uses in DCC 18.16.020 and 18.16.025, Exclusive Farm Use; DCC 18.32.030, Multiple Use Agricultural Zone; DCC 18.66.040 and 18.66.050, Terrebonne Rural Commercial Districts; DCC 18.67.040 and 18.67.060, Tumalo Rural Commercial and Industrial Districts; DCC 18.100.010 and 18.100.020, Rural Industrial Zone; and DCC 18.108.110, Sunriver Business Park. The proposal removes the youth activity center separation distance criterion in DCC 18.116.030(B)(7), 18.116.030(C)(7) and 18.116.030(D)(7).' III. REVIEW CRITERIA Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative plan amendment. Nonetheless, since Deschutes County is initiating one, the County bears the responsibility for justifying that the amendments are consistent with Statewide Planning Goals and its existing Comprehensive Plan. A. Statewide Planning Goals and Guidelines Goal 1: Citizen Involvement: The amendments do not propose to change the structure of the County's citizen involvement program. Notice of the proposed amendments were provided to the Bulletin for the Board public hearing. Goal 2: Land Use Planning: This goal is met because ORS 197.610 allows local governments to initiate post acknowledgments plan amendments (PAPA). An Oregon Land Conservation and Development Department 35-day notice was initiated on February 24, 2021. The Board will hold a public hearing on March 31, 2021. The Findings document provides the adequate factual basis for the amendments. Goal 3: Agricultural Lands: Ballot Measure 91 was passed by the voters of Oregon in November 2014 generally legalizing recreational use of marijuana within the state. The Board adopted Ordinance No. 2015- 009 on December 21, 2015, prohibiting the establishment of marijuana businesses within unincorporated Deschutes County (Opt Out). After securing legislative assurance in 2016 through the passage of Senate Bill 1598 that statutory right to farm protections would not override local governments' authority to adopt local time, place and manner regulations governing marijuana businesses, the Board adopted Ordinances No. 2016- 013, 2016- 014, 2016- 015, 2016- 016, 2016- 017, 2016- 018 and 2016- 019 on June 1 and June 15, 2016, implementing comprehensive land use regulations for the marijuana industry in unincorporated Deschutes County, and subsequently adopted Ordinance No. 2016- 012 on August 2, 2016, effectively " Opting In" by repealing Ordinance No. 2015- 009. On August 19, 2019, the Board adopted by emergency Ordinance No. 2019-014, which prohibited the establishment of future marijuana production and processing businesses in unincorporated Deschutes County 1 The Land Use Board of Appeals (LUBA) in Waveseer of Oregon, LLC. v. Deschutes County recognized a codification requirement, determining that Deschutes County's broad interpretation of 'youth activity center' is unreasonable because there is no way for an applicant to determine if a particular EFU-zoned property could be used for marijuana production. ORS 215.416(8)(a) requires that permit approval standards and criteria set out in local regulations inform interested parties of the basis on which an application will be approved or denied. LUBA No. 2020-038. Page 6. Page 2 of 4 - EXHIBIT X TO ORDINANCE NO. 2021-004 Packet Pg. 40 5.1.c (Opt Out). Ordinance No. 2019-015, adopted on October 16, 2019, further clarified that Ordinance No. 2019-014 has no impact on the County's past marijuana production land use decisions and does not preclude those applicants form moving forward in the licensure process with OLCC. Oregon law (ORS 475B.968) provides that Deschutes County may adopt ordinances prohibiting marijuana businesses, but must then refer the matter to County electors at the next statewide general election. On November 3, 2020, Ballot Measure 9-134 asked voters if they wanted to repeal the opt -out ordinances —a "yes" vote would once again allow new marijuana production and processing businesses in Deschutes County, and a "no" vote would continue to prohibit new marijuana production and processing businesses in Deschutes County. Ultimately, Deschutes County residents voted "no" to Measure 9-134, thereby upholding the opt -out and prohibiting future/new commercial marijuana production and processing businesses from being established in the unincorporated County. Opting out is not in conflict with the aforementioned Ballot Measure 91 because the voters of Oregon expressed no opinion or direction regarding marijuana's status as a farm crop, or the appropriate location of commercial grow sites and processing operations. The Opt Out and these corresponding amendments only impact future recreational production and processing businesses and medical marijuana processing facilities. Existing marijuana businesses will not be impacted nor will the Opt Out impact or prohibit future medical dispensaries or production sites, or future recreational retail or wholesale. The proposed amendments to the County Code are consistent with these provisions of state law and are therefore consistent with Goal 3. Goal 4: Forest Lands: The proposed text amendments do not propose to change the County's Plan policies or implementing regulations for compliance with Goal 4, and therefore are in compliance. Goal 5: Open Spaces Scenic and Historic Areas and Natural Resources: Complies because the text amendment does not propose to change the County's Plan policies or implementing regulations for Goal 5 open spaces, scenic and historic areas, and natural resources. Goal 6• Air Water and Land Resources Quality: The proposed text amendments do not propose to change the County's Plan policies or implementing regulations for compliance with Goal 6, and therefore are in compliance. Goal 7• Areas Subject to Natural Disasters and Hazards: The proposed text amendments do not propose to change the County's Plan or implementing regulations regarding natural disasters and hazards; therefore, they are in compliance. Goal 8: Recreational Needs: Complies because the text amendment does not propose to change the County's Plan or implementing regulations regarding recreational needs. Goal 9: Economy of the State: Goal 9 and its implementing regulations focus on economic analysis and economic development planning required in urban Comprehensive Plans. The proposed amendments apply to rural lands but do not propose to amend the Comprehensive Plan. Goal 9 does identify land use controls and ordinances as one of a suite of economic development tools. Disallowing future recreational production sites and future marijuana processing will not impact the availability of marijuana products from medical dispensaries or retail and wholesale outlets. Maintaining the assortment of land uses that are allowed in Deschutes County contributes to a diverse economy. Therefore, the text amendment complies with Goal 9. Page 3 of 4 - EXHIBIT X TO ORDINANCE NO. 2021-004 Packet Pg. 41 1 5.1.c Goal 10: Housing: This goal is not applicable because, unlike municipalities, unincorporated areas are not obligated to fulfill certain housing requirements. Goal 11: Public Facilities and Services: Complies because the text amendments do not propose to change the County's Plan or implementing regulations regarding public facilities and services. Goal 12: Transportation: The proposed text amendments do not propose to change the County's Plan or implementing regulations regarding the Transportation System Plan; therefore, they are in compliance. Goal 13: Energy Conservation: Complies because the text amendments do not propose to change the County's Plan or implementing regulations regarding energy conservation. Goal 14: Urbanization: Complies because the text amendments do not propose to change the County's Plan or implementing regulations regarding urbanization. Goals 15 through 19 are not applicable to the proposed text amendments because the County does not contain these types of lands. D. Deschutes County Comprehensive Plan Chapter 1 Comprehensive Planning: This chapter sets the Goals and Policies of how the County will involve the community and conduct land use planning. As described above, the proposed regulations were discussed at several work sessions with the Board of County Commissioners, as well as presented to the Planning Commission, which is the County's official committee for public involvement. The Board of County Commissioners will receive oral and written testimony. These actions also satisfy the Goals and relevant Policies of Section 1.3, Land Use Planning Policies. Goal 1 of this section is to "maintain an open and public land use process in which decisions are based on the objective evaluation of facts." Staff, the Planning Commission, and the Board reviewed the text amendments. Chapter 2 Resource Management: This chapter sets the Goals and Policies of how the County will protect resource lands, including but not limited to, Agriculture and Forest as well as Water Resources and Environmental Quality. Section 2.2, Agricultural Lands Policies, states that Goal 1 is to "preserve and maintain agricultural lands and the agricultural industry." The Opt Out and these corresponding amendments only impact future recreational production and processing businesses and medical marijuana processing facilities. Existing marijuana businesses will not be impacted nor will the Opt Out impact or prohibit future medical dispensaries or production sites, or future recreational retail or wholesale. Goal 2 promotes a diversified, sustainable, revenue -generating agricultural sector. Policy 2.2.10 calls for the promotion of economically viable opportunities and practices while Policy 2.2.11 encourages small farming enterprises including but not limited to, niche markets and organic farming and valued -added projects. The proposed text amendments only impact future recreational production and processing businesses and medical marijuana processing facilities. Goal 3 specifies the Exclusive Farm Use (EFU) policies, classifications, and codes are consistent with local and emerging agricultural conditions and markets. The voters of Deschutes County voted "no" to repealing the opt -out ordinances on November 3, 2020. The proposed amendments only impact future recreational production and processing businesses and medical marijuana processing facilities. Page 4 of 4 - EXHIBIT X TO ORDINANCE NO. 2021-004 Packet Pg. 42 Tanya Saltzman From: Peter Russell Sent: Wednesday, February 24, 2021 2:30 PM To: Tanya Saltzman Subject: FW: Confirmation of PAPA Online submittal to DLCD FYI From: DLCD Plan Amendments <plan.amendments@state.or.us> Sent: Wednesday, February 24, 2021 2:29 PM To: Peter Russell <Peter.Russel l@deschutes.org> Subject: Confirmation of PAPA Online submittal to DLCD [EXTERNAL EMAIL] Deschutes County Your notice of a proposed change to a comprehensive plan or land use regulation has been received by the Oregon Department of Land Conservation and Development. Local File #: 247-21-000168-TA DLCD File #: 00 1 -21 Proposal Received: 2/24/2021 First Evidentiary Hearing: 3/31/2021 Submitted by: prussell If you have any questions about this notice, please reply or send an email to plan amendmentsgstate.or.us. 1