2023-18-Minutes for Meeting December 14,2022 Recorded 1/9/2023Recorded in Deschutes County
Steve Dennison, County Clerk CJ2023-1$
Commissioners' Journal 01/09/2023 4:53:07 PM
Do not remove this page from original document.
Deschutes County Clerk
Certificate Page
BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
FOR RECORDING STAMP ONLY
BOCC MEETING MINUTES
9:00 AM
WEDNESDAY December 14, 2022
Barnes Sawyer Rooms
Live Streamed Video
Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Nick
Lelack, County Administrator; Kim Riley, Assistant County Counsel; and Brenda Fritsvold, BOCC Executive
Assistant.
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal website www.deschutes.org/meetings
CALL TO ORDER: Chair Adair called the meeting to order at 9:00 a.m.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT:
Chair Adair acknowledged the receipt of two citizen input emails supporting the
preservation of Worrell Wayside Park.
CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda.
CHANG: Move Board approval of Consent Agenda
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
BOCC MEETING
DECEMBER 14, 2022 PAGE 1 OF 9
1. Consideration of Resolution No. 2022-080 Increasing Appropriations within the
Health Services Fund and the 2022-23 Deschutes County Budget
2. Consideration of Board Signature on letters reappointing Melanie Butler and
Brenda Collette to the Deschutes River Recreation Homesites Special Road
District #8
3. Consideration of Board Signature on letter reappointing Megan Tucker for
service on the Two Rivers Special Road District.
4. Consideration of Board Signature on letter reappointing Debra Grinols for service
on the Deschutes County Ponderosa Pines East Special Road District.
5. Consideration of Board Signature on letter appointing Tina Ward for service on
the Fall River Estates Special Road District.
6. Approval of the Minutes of the November 21, 28 and 30, 2022 BOCC Meetings
ACTION ITEMS:
7. Consideration of Ordinance No. 2022-012, enacting Section 2.04.052 of the
Deschutes County Code to change the mode of selection of Commissioner
positions from partisan to non -partisan
Dave Doyle, Legal Counsel, reviewed that this change to County Code to alter the
mode of selection of County Commissioners from partisan to non -partisan was
approved by Deschutes County electors in November. The ordinance takes
effect immediately after adoption.
Commissioner Chang was gratified by this change, which the electorate
supported 61 % to 39%. He recognized the persons instrumental to placing this
matter on the ballot, including volunteers who collected the required number of
signatures. Commissioner Chang noted that more than 62,000 voters in the
county are not affiliated with a political party and thus were disenfranchised in
the previous partisan primaries.
Commissioner DeBone said the platforms adopted by political parties serve as a
starting point to communicate their general values. He appreciated this issue
went to the voters and said it was better to have this matter decided by them
rather than the three County Commissioners.
BOCC MEETING
DECEMBER 14, 2022 PAGE 2 OF 9
Commissioner Adair agreed this was an important election and said she is glad
to live in America where the populace has the right to vote.
CHANG: Move approval of Ordinance No. 2022-012, enacting Section 2.04.052
of the Deschutes County Code to change the mode of selection of
Commissioner positions from partisan to non -partisan
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
8. Second Reading of Ordinance 2022-011, amending the Comprehensive Plan
and approving a Zone change for property totaling approximately 19.12
acres along Highway 97
Tarik Rawlings, Associate Planner, said no changes have been made since first
reading of this ordinance was conducted on November 21 st
Commissioner Chang reiterated his disagreement with the Hearings Officer's
analysis that these properties are not agriculturally viable.
DEBONE: Move approval of second reading of Ordinance 2022-01 1, amending
the Comprehensive Plan and approving a Zone change for property
totaling approximately 19.12 acres along Highway 97
ADAIR: Second
VOTE: DEBONE: Yes
CHANG: No
ADAIR: Chair votes yes. Motion Carried 2 - 1
Chair Adair read the ordinance by title only.
DEBONE: Move adoption of Ordinance 2022-011
ADAIR: Second
VOTE: DEBONE: Yes
CHANG: No
ADAIR: Chair votes yes. Motion Carried 2-1
Rawlings reported a 21-day appeal period will now commence; if no appeal is
filed, the ordinance will take effect in 90 days.
BOCC MEETING
DECEMBER 14, 2022 PAGE 3 OF 9
9. Second Reading of Ordinance 2022-013, amending the Comprehensive Plan
and approving a zone change for property totaling approximately 710 acres
to the west of Terrebonne and north of Highway 126
Haleigh King, Associate Planner, said no changes have been made since first
reading of this ordinance was conducted on November 21 st.
Commissioner Chang restated his disagreement with the Hearings Officer's
analysis and said compelling testimony was presented that this property could
be used for dry land grazing as part of a viable ranching opportunity. He referred
to the economic impact of the property sale in 2019 and said the Board can
accept or reject the recommendation of the Hearings Officer.
Commissioner DeBone said the process included a soil analysis to inform the
Hearings Officer's decision. This area has no history of farming for profit and was
designated resource land approximately 50 years ago. He strongly supported
the proposed changes and believed it unfair to continue to tax this property as
resource land.
DEBONE: Move approval of Second Reading of Ordinance 2022-013, amending
the Comprehensive Plan and approving a zone change for property
totaling approximately 710 acres to the west of Terrebonne and north
of Highway 126
ADAIR: Second
VOTE: DEBONE: Yes
CHANG: No
ADAIR: Chair votes yes. Motion Carried 2 - 1
Chair Adair read the ordinance by title only.
DEBONE: Move adoption of Ordinance 2022-013
ADAIR: Second
VOTE: DEBONE: Yes
CHANG: No
ADAIR: Chair votes yes. Motion Carried 2-1
10. Consideration of Board approval of Document #2022-981, accepting a grant
from PacificSource for Behavioral Health Workforce Diversity
Janice Garceau, Director of Health Services, explained the request to accept a
non-competitive grant from PacificSource and how the funds would be used.
BOCC MEETING
DECEMBER 14, 2022 PAGE 4 OF 9
CHANG: Move approval of Document #2022-981, accepting a grant
from PacificSource for Behavioral Health Workforce Diversity
DEBONE: Second
VOTE: DEBONE: Yes
CHANG: Yes
Chair votes yes. Motion carried
11. STIF and 5310 Grant Funding Allocations (Transit)
Chris Doty, Road Department Director, said Oregon's Statewide Transportation
Improvement Fund (STIF) offers a dedicated funding source for maintaining and
expanding public transportation to improve mobility, relieve congestion and
reduce greenhouse gas emissions. Deschutes County contracts with the Central
Oregon Intergovernmental Council (COIC) to administer the County's STIF
requirements.
Doty introduced Derek Hofbauer, COIC Outreach and Engagement
Administrator, and Andrea Breault, CET Transportation Director, who explained
steps taken to ensure the equitable distribution of STIF funds to projects
throughout the County, including the creation of a sub -allocation method which
considers where payroll taxes originated and projects serve older adults and
considers i a where �. payroll vn originated �u a.�...+ and if �..� ..�......., serve .... .+�....... adults
people with disabilities.
The STIF Advisory Committee reviewed and ranked nine proposals for funding in
2023-2025 and voted to fund all nine projects, some at amounts lower than
applied for due to the limited amount of total funding available.
The Commissioners asked about the driver staffing shortage, plans to create a
transit district, increasing services to the OSU and COCC campuses, and how to
promote and grow ridership by regular commuters.
DEBONE: Move approval of the proposed allocation of STIF funding for
the 2023-2025 project cycle as well as the proposed 5310
federal funding allocations and the sub -allocation method as
proposed
CHANG: Second
VOTE: DEBONE: Yes
CHANG: Yes
Chair votes yes. Motion carried
BOCC MEETING
DECEMBER 14, 2022 PAGE 5 OF 9
12. Consideration of Chair Signature of Document No. 2022-834, a Notice of
Intent to Award Contract for the Hunnell Rd: Loco Rd to Tumalo Rd Project
Cody Smith, County Engineer, provided background on the project and said due to
recent price fluctuations, the County included provisions for asphalt oil escalation
and de-escalation in the contract. Construction is expected to begin at the end of
January and the project should be completed by November 2023.
DEBONE:
CHANG:
VOTE:
Move approval of Document No. 2022-834, a Notice of
Intent to Award Contract for the Hunnell Rd: Loco Rd to
Tumalo Rd Project
Second
DEBONE: Yes
CHANG: Yes
Chair votes yes. Motion carried
13. Work Session for the Road Name Assignment of McClain Drive
Haleigh King, Associate Planner, reviewed the process for assigning road
names and described the application to rename part of Sage Steppe Drive to
match the rest of the road's name which is McClain Drive. No addresses will be
affected; this item will return on a consent agenda for the Board's action.
14. Deliberations - Psilocybin TPM Amendments
Tanya Saltzman, Senior Planner, provided an overview of the process thus far
to develop amendments to Deschutes County Code (DCC) to address time,
place and manner restrictions for the manufacturing, processing, testing and
distribution of psilocybin. Saltzman summarized the public testimony received
on this matter and outlined the questions now before the Board for its
deliberation, as follows:
1. What hours should psilocybin service centers be permitted to operate?
2. Should psilocybin manufacturing as farm and processing uses be
allowed in forest zones (F1 and F2) in addition to EFU?
3. Should psilocybin service centers be permitted in destination resorts?
3(a) If psilocybin service centers are permitted in destination resorts,
should those be permitted outright or only as a conditional use?
4. Should service centers be allowed as home occupations? Should they be
allowed as commercial activities in conjunction with farm use?
The Planning Commission recommended that service center hours match
those proposed in the Oregon Health Authority's rules, i.e., 6:00 am to 11:59
BOCC MEETING
DECEMBER 14, 2022 PAGE 6 OF 9
pm. Commissioners DeBone and Chang supported bringing back an ordinance
for consideration with these service center hours to align with the hours
proposed by OHA.
The Planning Commission recommended that areas permitting psilocybin
manufacturing include forest zones, given that the State has declared
psilocybin-producing fungi as a crop for the purposes of "farm" use and
"farming practice." Saltzman noted the cultivation of psilocybin-producing fungi
must occur indoors and is permitted outright in the EFU zone.
Commissioners Chang and DeBone supported bringing back an ordinance for
the Board's consideration with language allowing the manufacture of
psilocybin in the F1 and F2 zones.
The Planning Commission recommended allowing service centers in
destination resorts. The Board could decide to not allow these, allow them, or
allow them as a conditional use subject to DCC 18.128.015.
Commissioner DeBone was supportive of allowing service centers in
destination resorts as voters have twice approved making psilocybin available.
Commissioner Adair supported allowing service centers in destination resorts
only as a conditional use.
Commissioner Chang agreed that voters were clear in supporting access to
psilocybin and said he would prioritize allowing service centers in EFU areas
over destination resorts to better assure local access.
With respect to prohibiting or allowing service centers as home occupations or
as commercial activities in conjunction with farm use, Commissioners DeBone
and Chang supported bringing back an ordinance for the Board's consideration
that included language maintaining the potential option of service centers
utilizing either home occupations or commercial activities in conjunction with
farm use as a way to be sited on EFU land.
Regarding the question of allowing service centers in destination resorts
outright or as a conditional use, the Commissioners discussed how to address
and resolve conflicts between resort residents and commercial centers if a
conditional use permit is not required for psilocybin service centers. Will
Groves, Planning Manager, said if service centers were allowed outright in
destination resorts, they would be presumed to be compatible with
surrounding land uses, subject to site plan review, and require the submittal
and processing of a land use application. Groves said requiring a conditional
BOCC MEETING
DECEMBER 14, 2022 PAGE 7 OF 9
use permit would grant considerable discretion to look broadly at the
compatibility of the proposed use and its surrounding environment.
With regard to the language proposed by C. Celko/Emerge Law Group for DCC
section 18.113.030(D)(7), Commissioners Changand DeBone were supportive of
including a modified version of this in the draft ordinance to prevent ambiguity
regarding the necessity of modifying a resort's Conceptual Master Plan and/or
Final Master Plan. Staff's recommended language will make clear that a
psilocybin service center in a destination resort which is allowed, upon
issuance of a conditional use permit, in any area approved for commercial
services or specialty shops pursuant to an approved final master plan does not
require modification of an approved conceptual master plan or final master
plan.
Saltzman stated that staff will return with two separate ordinances for the
Board's consideration and possible action —one with the bulk of the time, place
and manner regulations and the other addressing service centers in
destination resorts as a conditional use. Separating the legislation will allow for
the regulations relating to destination resorts to be legally challenged or
appealed without affecting the other regulations.
At 11:22 pm, the meeting was recessed for a short break.
The meeting reconvened at 11:29 pm.
15. 2023 Arts & Culture Grant Review
Stephanie Robinson, Administrative Analyst, presented the 16 applications
received for funding through the Arts & Culture grant program. The Board
considered the requests and determined awards.
OTHER ITEMS:
• Commissioner Adair reported that OSU is developing the new fire risk map
required by SB 762.
• Commissioner DeBone announced an upcoming Project Wildfire meeting on
December 20th.
• Commissioner DeBone said the next Solid Waste Advisory Committee
meeting will feature a map with 13 potential sites for a new landfill.
• Commissioner DeBone referred to correspondence from the Bureau of Land
Management regarding the review process for Redmond's wastewater
treatment facility.
BOCC MEETING
DECEMBER 14, 2022 PAGE 8 OF 9
• Commissioner Adair said the safe parking program is held up due to an
insurance issue, which possibly could be resolved by the donation of a used
vehicle to that program.
• County Administrator Nick Lelack relayed a request from Envision Bend for
$25,000 in addition to the $25,000 earlier awarded. The Board did not
support awarding additional funds at this time.
• Lelack shared a request from the Environmental Center's Energy Plan Work
Group to participate in those efforts, noting this would require an allocation
of resources in terms of staff time. Commissioner DeBone was not
supportive; Commissioners Adair and Chang were in consensus to
participate as requested.
• Whitney Hale, Deputy County Administrator, announced the upcoming
Leadership Bend meeting on January 17th. The Board provided direction for
its preferred approach to making a presentation to the group.
EXECUTIVE SESSION: None
ADJOURN:
Being no further items to come before the Board, the meeting was adjourned at 12:26 p.m.
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DATED ED this 1 / Day Of `X441,41� 2022 for the Deschutes County Board OT Commissioners.
ATTEST:
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RECORDING SECRETARY
BOCC MEETING
PATTI ADAIR, CHAIR
ANTHONY DEBONE, VICE CHAIR
PHIL CHANG, COMMISSIONER
DECEMBER 14, 2022 PAGE 9 OF 9
BOARD OF
COMMISSIONERS
AGENDA REQUEST AND STAFF REPORT
MEETING DATE: December 14, 2022
SUBJECT: STIF and 5310 Grant Funding Allocations (Transit)
RECOMMENDED MOTION:
Move Board approval of the STIF Project Advisory Committee's allocation of STIF funding
for the 2023-2025 project cycle, the 5310 federal funding allocations, and the sub -allocation
method as proposed.
BACKGROUND AND POLICY IMPLICATIONS:
The Statewide Transportation Improvement Fund (STIF) program was established in
Section 122 of House Bill 2017 to provide a dedicated source of funding for improving,
maintaining, and expanding public transportation for all users. Every two years, public
transportation funding is made available to support access to jobs, improve mobility,
relieve congestion, and reduce greenhouse gas emission in Oregon.
Deschutes County is the Qualified Entity to receive and distribute STIF funding as the
County lacks a transit district. Deschutes County contracts with the Central Oregon
Intergovernmental Council to administer the County's STIF requirements.
On December 6th, the County's STIF Advisory Committee convened to review and prioritize
requested project proposals submitted in response to the STIF Formula Fund Subrecipient
Application process. The Committee also reviewed funding requests for federal 5310 funds
(specific to seniors and individuals with disabilities) and approved the following sub -
allocation method to ensure the equitable distribution of STIF funds that support public
transportation services and providers throughout Deschutes County.
Proposed STIF Sub -allocation Method for Deschutes County:
The population of Deschutes County is 204,801; Bend is 102,059; Redmond is 35,582;
Sisters is 3,286, and La Pine is 2,587. Deschutes County will consider, as a starting point
for funding prioritization, where payroll tax originated (by city or region), using population
as a general proxy for payroll. Deschutes County will support projects that serve and
connect all communities within the County and fund multi -county projects proportionately
based on their value to residents. Deschutes County will support projects formerly funded
by STF (Special Transportation Funds) that serve older adults and people with disabilities,
as well as projects more efficiently and effectively served by other Providers to create
employer vanpools and connections outside of Central Oregon. The amount
of sub allocation is not considered a guaranteed entitlement, but rather is looked at as a
starting point for Deschutes County to consider the overall reach or priority of projects
individually and as a whole.
The STIF Advisory Committee reviewed and ranked nine proposals for STIF funding which
collectively totaled $13,313,208 (excluding STIF 2021-2013 biennium carry-over reserve
funds) - an amount which exceeds the available funding by approximately $1.5M. After
significant discussion, the Committee voted to fund all nine projects, with reduced funding
for some of the projects based on conversations and negotiations with applicants.
The attached document provides a brief explanation of each project and identifies the final
funding recommendation of the STIF Advisory Committee of $18,037,067, which includes
$6,210,337 in carry-over reserves from the 2021-2023 STIF biennium program that will be
utilized to continue implementing projects that were identified and funded in previous STIF
Plans. COIC staff will present the STIF Committee's recommendation to the Board for the
2023-2025 STIF funding cycle as well as the federal 5310 funding allocation proposal (of
which all projects were contained within available funding as proposed). COIC/CET is
finalizing the STIF Plan based on the project list that is included in the attachment.
BUDGET IMPACTS:
This proposal fulfills the County's obligation to distribute available state/federal funding via
the prescribed process required of a qualified entity.
ATTENDANCE:
COIC/CET staff:
Derek Hofbauer, COIC Outreach and Engagement Administrator
Andrea Breault, CET Transportation Director
Chris Doty, Road Department (Liaison for agenda item)
DESCHUTES COUNTY 2023-2025 BIENNIUM STIF PROJECTS
APPROVED BY THE ADVISORY COMMITTEE ON DEC. 6, 2022
OPPORTUNITY FOUNDATION OF CENTRAL OREGON - SPECIAL
TRANSPORTATION TO ADULTS WITH DISABILITIES
The OFCO special transportation program has been supported by Special Transportation Funds (STF) and now is
being requested under STIF. Opportunity Foundation exists to serve Central Oregonians experiencing disabilities,
and daily transportation is a critical aspect of meeting their needs. OFCO continues to serve up to 150 adults and
provide 4,000-5,000 rides per quarter, with more opportunities to grow by connecting Prineville to OFCO's job
program in Redmond.
Funding amount: $120,000 from STIF; $120,000 from other state funds.
CITY OF SISTERS MULTI -MODAL TRANSIT HUB`.
Multiple public transit routes already link Sisters to neighboring cities and regions. This multi -modal transit hub will
serve as a centralized station for public transit providers. The requested amount funds public transit components
of the planned project.
Funding amount: $978,750 from STIF; $345,000 from local funds
CARRY-OVER PROGRAM: RESERVE FUNDS (COMMITTED 21-23 BIENNIUM
STIF PROJECTS)
The remaining 2021-2023 biennium STIF funds were obligated to support CET program administration, operations,
and capital projects from previous STIF Plans. Projects include design and constructing mobility hubs, service
planning, increased preventative maintenance, increased driver wages, mobility management, and operations for
Route 31, Routes 8 and 9 in Bend, and two deviated flex routes in Redmond, if feasible.
Funding source: Prior Biennia Program Reserve
Funding amount: $6,210,337
STIF PROGRAM ADMINISTRATION
CET to continue to administer, supervise, plan, support, and market both CET and Deschutes County STIF programs
and services.
Funding amount: $1,683,382
CONTINUED FORMER STF
Continuing to serve the public transportation needs of the Elderly and Disabled population thru CET's Dial -A -Ride
service in La Pine, Bend, Redmond and Sisters and future expanded Dial -A -Ride boundaries.
Funding amount: $2,362,642
Continuing current CET Community Connector Routes 30, 24, 29, 28 service to increase frequency.
Funding amount: $3,925,956
Ability to complete mobility hubs and/or enhanced bus stops, purchase of real-time signage, purchase of public
transit vehicles (replacement and expansion of fleet) and local match for federal funded capital grants and down
payment on the land for alternative fuel station.
Funding amount: $1,000,000
Operating and Capital funds for inter -city providers: Central Oregon Breeze and Pacific Crest Bus Lines, as well as
transportation options partner, Commute Options.
COMMUTE OPTIONS: EMPLOYER VANPOOL PROGRAM
Funding for Commute Options to continue a vanpool program targeting Deschutes County employers.
Funding amount: $96,000
PACIFIC CREST BUS LINES ADDED VEHICLE AND OPERATIONS SUBSIDY
Total funding amount: $710,000
PACIFIC CREST BUS LINES ADDED VEHICLE
Supports purchase of a 32-passenger vehicle with an ADA lift to meet increased ridership.
Funding amount: $350,000
PACIFIC CREST BUS LINES OPERATIONS SUBSIDY
This subsidy helps PCBL maintain steady, frequent, and reliable public transit along southern Deschutes
County and Klamath County. Without the service, there are no options for the community to access
medical and shopping needs in Deschutes County.
Funding amount: $360,000
CENTRAL OREGON BREEZE ADDED VEHICLE AND OPERATIONS SUBSIDY
Total funding amount: $ 950,000
CENTRAL OREGON BREEZE ADDED VEHICLE
Supports purchase of a 32-passenger vehicle with 2 ADA Stations to meet increased ridership.
Funding amount: $350,000
CENTRAL OREGON BREEZE OPERATIONS SUBSIDY
Supports operations not covered by fares, increases in driver wages, and local match for 5311(f) grant.
Funding amount: $600,000
2023-2025 Biennium STIF Funding Amount $18,037,067 *
*Funding total includes a 20% cost overage per ODOT guidance
DESCHUTES COUNTY SECTION 5310 FTA SUBRECIPIENT APPLICATIONS
2023-2025 BIENNIUM
PURCHASED PUBLIC TRANSPORTATION SERVICES
The subrecipient entities below submitted applications supporting purchased public transportation services for
demand -response (Dial -A -Ride) transportation services, which are open to the general public. Dial -A -Ride provides
first -and -last -mile connectivity to regional bus service and serves as an important curb -to -curb, accessible option
for older adults and those who experience disabilities. CET is the region's public transportation service provider.
The total cost of all projects presented below for Deschutes County is $1,721,915 for the 2023-2025 biennium.
Subrecipient
Total cost
Local match
City of Redmond
$596,398
$61,250
Deschutes County*
$115,538
$11,866
City of Sisters
$76,254
$7,831
The total cost includes local matching funds.
* The Deschutes County application supports services in La Pine and South Deschutes County.
CASCADES EAST -TRANSIT- EHICLE-PREVENTATIVE MAINTENANCE
COIC/CET is the subrecipient applicant for vehicle preventive maintenance funding related to Section 5310
projects. The applications are submitted on behalf of the Lead Agencies below. Local matching funds are provided
by the state.
Lead Agency
Total cost
Local match
Deschutes County
$214,819
$22,062
CITY OF BEND DIAL -A -RIDE TRANSIT SUPPORT
COIC/CET entered into an agreement with the City of Bend in 2010 to operate the City's fixed -route and Dial -A -
Ride services and is the subrecipient applicant for services within Bend's city limits. The Lead Agency for these
applications is Deschutes County. Local matching funds are provided by the state.
Source
Total cost
Local match
Small Urban Funding
$585,486
$117,097
Surface Transportation Block Grant
(STBG)
$133,420
$13,702
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: December 14, 2022
SUBJECT: Work Session for the Road Name Assignment of McClain Drive
RECOMMENDED MOTION:
Work Session in preparation of signature of Board Order No. 2022-067. This item is
scheduled as a Consent Item for December 21, 2022.
BACKGROUND AND POLICY IMPLICATIONS:
Staff will provide background to the Board regarding an application for a Road Name
Assignment/Change (247-22-000587-RN). DCC 16.16.030(1) requires the Board to sign an
order approving the name within 10 days of the staff decision becoming final.
BUDGET IMPACTS:
None
ATTENDANCE:
Haleigh King, Associate Planner
COMMUNITY DEVELOPMENT
MEMORANDUM
TO: Board of County Commissioners (Board)
FROM: Haleigh King, Associate Planner
DATE: December 7, 2022
SUBJECT: December 14th Work Session for the Road Name Assignment of McClain Drive
(CDD File No. 247-22-000587-RN)
Background
In 2016, Sage Steppe Drive was created as part of the Tree Farm subdivision and was dedicated to
the public as a 60-foot road right-of-way. The northern portion of Sage Steppe Drive, beginning at
the intersection of Huntsman Loop and Horizon View Drive, is located within the Westgate
subdivision d dedicated ted to the public as 60 font right-of-way of w 'n 1CIDI This existing paved
J LJUUIVIJIVI� and vvci UeU il..atcu to II IG pu1JIIL QJ a UV -I UVI 1lbl ll-Ul-VVay 111 LUL 1. 11IIJ eAIJlll l5 paved
road is 1,575 feet in length, extending through Westgate and Tree terminating at the south
boundary of Tree Farm. The south boundary of Tree Farm abuts City of Bend limits.
There are eight (8) properties with frontage along the road to be renamed; two (2) within Westgate
and six (6) within Tree Farm. Currently, six (6) properties take access, and are addressed, from either
Ridgeline View, Ridgeline Court or Horizon View Drive. Two properties abutting the subject roadway
are not currently addressed and are undeveloped.
Staff Decision
The Community Development Department (CDD) reviewed the requested road name assignment
under file no. 247-22-000587-RN. In consultation with the Deschutes County Property Address
Coordinator, Staff found the name McClain Drive complied with DCC 16.16.030(E)(1) and (2).
Under DCC 16.16.030(B), public comments on the proposed road name are limited to those parties
owning property abutting the affected road or having an address on the affected road. Staff mailed
notice of the application to these parties on September 15, 2022, and a notice of the staff decision
was mailed on December 5, 2022. Staff received one comment in support of the application.
The staff decision will become final, absent an appeal, at the end of the 10-day appeal period on
December 15, 2022, at 4pm.
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 I P.O. Box 6005, Bend, OR 97708-6005
�'�(541)388-6575 @cdd@deschutes.org www.deschutes.org/cd
Next Steps
DCC 16.16.030(1) requires the Board to sign an order approving the name within 10 days of the staff
decision becoming final. If the Board approves the proposed road name, the Board must sign the
corresponding order, Board Order 2022-067, no later than December 25, 2022. Approving this order
at the meeting scheduled on December 21, 2022 will ensure this timeline is met.
If staff receives any submittals prior to the December 14, 2022 meeting, staff will bring the materials
to the Board's attention and enter them into the record.
Attachments:
2022-12-05 247-22-000587-RN Findings and Decision
2022-12-07 DRAFT Board Order 2022-067
2022-12-05 Road Location Map
Page 2 of 2
Mailing Date:
Monday, December 5, 2022
COMMUNITY DEVELOPMENT
FINDINGS AND DECISION
FILE NUMBER: 247-22-000587-RN
APPLICANT: Tree Farm Homeowners Association ("HOA")
CIO David Ford
Empire Westgate LLC, c/o Chelsea Spencer
AGENT FOR Dale Van Valkenburg
APPLICANT:
PROPOSAL: The applicant requests to establish the name McClain Drive for an existing
paved 60-foot-wide public road right-of-way currently named Sage Steppe
Drive.
ROAD LOCATION: Tax Map 17-11-35AC and 17-11-35BD; Tree Farm Planned Unit
Development
Tax Map 17-11-35BA and 17-11-35AB; Westgate Subdivision
The current roadway, named Sage Steppe Drive, was created in 2016 as
part of the Tree Farm Subdivision and continued into the abutting
Westgate Subdivision. This 60-foot-wide public right-of-way extends south
from the existing McClain Drive to the north, and continues through
Westgate and Tree Farm, before it stubs to a dead end at the northern
boundary of the Discovery West Subdivision and Bend City limits. The
segment of the roadway to be renamed to "McClain Drive" extends south
for approximately 1,575 feet (see map on following page).
STAFF CONTACT: Haleigh King, Associate Planner
Phone: 541-383-6710
Email: Haleigh.King@ deschutes.org
I. APPLICABLE CRITERIA:
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 P.O. Box 6005, Bend, OR 97708-6005
(541) 388-6575 cd(eradeschutes.org www.des zutes.org/cd
Deschutes County Code (DCC)
Title 16, Addresses and Road Names
Chapter 16.16, Road Naming
Title 22, Deschutes County Development Procedures Ordinance
Ii. BASIC FINDINGS:
ROAD DESCRIPTION: In 2016, Sage Steppe Drive was created as part of the Tree Farm and was
dedicated to the public as a 60-foot road right-of-way. The northern portion of Sage Steppe Drive,
beginning at the intersection of Huntsman Loop and Horizon View Drive, is located within the
Westgate subdivision and was dedicated to the public as a 60-foot right-of-way in 2021. The segment
to be renamed is an existing paved road that is 1,575 feet in length, extending through Westgate
and Tree Farm (and a four-way intersection with Ridgeline Drive and Ridgeline Court), terminating
at the south boundary of Tree Farm. The south boundary of Tree Farm abuts City of Bend city limits.
U
0
U
W
U
J
HUNTSMAN LOOP
Figure 1- Vicinity Map
HORIZON VIEW DR
RIDGLUNE OR
U,R10
AFFECTED PROPERTIES: There are eight (8) properties with frontage along the road to be renamed;
two (2) within Westgate and six (6) within Tree Farm. Currently, six (6) properties take access, and
are addressed, from either Ridgeline View, Ridgeline Court or Horizon View Drive. Two properties
abutting the subject roadway are not currently addressed and are undeveloped. The following
properties have frontage along this road:
ADDRESS
ASSESSOR MAP AND TAX LOT
18988 RIDGELINE DR
171135BD00100
18995 RIDGELINE DR
171135BD01300
247-22-000587-RN
Page 2 of 11
19018 RIDGELINE CT
171135AC00300
19005 RIDGELINE CT
171135AC00500
19011 HORIZON VIEW DR
171135AB00700
62315 HUNTSMAN LOOP
171135BA01500
NO SITUS ADDRESS
1711350000700
NO SITUS ADDRESS
171135AC00100
As noted above, all properties abutting the subject roadway are either addressed from another
roadway or do not yet have an assigned address.
REVIEW PERIOD: The subject application was submitted on July 19, 2022, and the application was
revised and additional information submitted to the record on September 7, 2022. This application
will be reviewed in accordance with DCC 16.16 and requires final approval by the Board of County
Commissioners (BOCC) per DCC 16.16.030(1).
PUBLIC AGENCY COMMENTS: The Planning Division mailed notice on July 27, 2022, and again on
September 15, 2022, to several public agencies and received the following comments:
Deschutes County Address Coordinator, Tracy Griffin (9/15/2022):
There are no property addresses affected by this road name change.
Deschutes County Senior Transportation Planner, Peter Russell (9/23/2022):
I have reviewed the transmittal materials to rename an approximately 1,575-foot-long
segment of Sage Steppe Drive to McClain Drive in the Tree Farm and Westgate developments
on County Assessor's Tax Map 17-11-35AC and 17-11-35BD (Tree Farm) and 17-11-35BA and
17-11-35AB (Westgate). The renaming makes sense. No traffic analysis or transportation
system development charges (SDCs) are required. Thanks.
The following agencies did not respond to the notice: 911, Bend -La Pine School District, Deschutes
County Assessor, Deschutes County Road Department, Deschutes County Sheriff's Office,
Deschutes County Surveyor, Cascade Natural Gas Co., Pacific Power and Light, Bend Cable
Communications, CenturyLink.
PUBLIC COMMENTS: Notice was sent to the eight (8) affected properties per DCC 16.16.030(B). The
applicant also posted a proposed road name sign. Staff received one written comment in support
of the application from Lynnanne Hayes and Randy Nebel, the property owners of 19011 Horizon
View Drive.
III. CONCLUSIONARY FINDINGS:
CHAPTER 16.16, ROAD NAMING
Section 16.16.010, Road Naming Authority.
247-22-000587-RN Page 3 of 11
A. Deschutes County, through the Community Development Department, shall have
the authority to and shall assign road names to roads requiring names as provided
in DCC 16.16.
FINDING: The subject road naming application is being reviewed by the Deschutes County
Community Development Department. This criterion is met.
Section 16.16.020, Unnamed Roads.
All unnamed public and private roads and other roadways which provide access to three or
more tax lots, or which are more than 1,320 feet in length, shall be assigned a name in
accordance with the procedures in DCC 16.16.030.
FINDING: The subject road currently named Sage Steppe Drive provides access to eight (8) tax lots
and exceeds 1,320 feet in length. Therefore, staff finds the proposed road name assignment to
McClain Drive must be reviewed in accordance with the procedures in DCC 16.16.030, which are
addressed below. This criterion will be met.
Section 16.16.030, Procedures for Naming New Roads.
A. Application.
1. The naming of a road may be initiated by the Community Development
Department Planning rnmmiccinn the Bnard nr by napplirntinn of arllarent
property owners, developers, or public agencies which may be affected by
road names.
FINDING: This application was initiated by the Tree Farm Homeowners Association' and Empire
Westgate, LLC2 on September 7, 2022. This criterion is met.
2. An application to name a road shall be submitted to the Community
Development Department and shall include, at a minimum, the following:
a. Name of applicant;
b. Location of road by description and or map;
c. Legal status of road, if known;
d. Proposed road name, with two alternate proposed names;
e. Reason for name request;
f. Petition(s) attached, if any, and
g. Fee, if any, as established by the Board.
FINDING: The applicants submitted the required information and fee identified above. These
criteria are met.
1 The Tree Farm Homeowners Association own the abutting property identified on Deschutes County
Assessor's Map 17-11-35, Tax Lot 700 and Map 17-11-35AC, Tax Lot 100.
2 Empire Westgate, LLC is the developer of the Westgate Subdivision.
247-22-000587-RN Page 4 of 11
B. Notice of a proposed name assignment shall be sent to all persons owning property
abutting the affected road or having an address on the affected road. Such notices
shall be sent within 10 days of the receipt of an application, if any, or other action
initiating the proposed road name assignment.
FINDING: On September 15, 2022, staff mailed notice of this pending application to the eight (8)
property owners abutting the subject road to be renamed. This notice was mailed within ten (10)
days after the application was received. This criterion is met.
C. Persons receiving notice under DCC 16.16.030(B) shall promptly notify any tenants
or other occupants of the affected property of the proposed road name assignment.
D. Any person receiving notice under DCC 16.16.030(B) above may comment in writing
on the proposed name within 10 days from the date of notice.
FINDING: The mailed notice included a statement requiring the recipient to notify any tenants or
other occupants of the affected property of the proposed road name assignment. Staff received
one written comment, dated September 25, 2022, in support of the application from Lynnanne
Hayes and Randy Nebel, the property owners of 19011 Horizon View Drive. These criteria are met.
E. Standards
1. General. The proposed road name shall:
a. Be limited to a maximum of two words.
b. Not duplicate existing road names, except for continuations of
existing roads.
c. Not sound so similar to other roads as to be confusing.
d. Not use compass directions such as North, East, South, etc., as part of
the road name.
e. Not use designations such as Loop, Way, Place, etc., as part of the road
name.
f. Improve or clarify the identification of the area.
g. Use historical names, when possible.
h. Reflect a consensus of sentiment of affected property owners and
occupants, when possible, subject to the other standards contained in
DCC 16.16.030.
FINDING: The applicant has not proposed any alternate road names other than McClain Drive. Staff
finds the proposed road name McClain Drive meets the standards above as it is a continuation of
McClain Drive to the north. These criteria are met.
2. Particular Roads. The proposed road name shall also conform to the
following standards:
a. North/South roads shall be called "roads" or "streets."
b. East/West roads shall be called "avenues."
247-22-000587-RN Page 5 of 11
c. Roads dead -ending in a turnaround 1,000 feet or less from their
beginning points shall be called "courts."
d. Roads of reduced right-of-way or curving roads of less than 1,000 feet
shall be called "lanes" or "terraces."
e. Curving roads longer than 1,000 feet shall be called "drives" or "trails."
f. Roads that deviate slightly from the main course of a road with the
same name, are less than 1,000 feet in length, shall be called "places."
g. Roads that are four lanes or more shall be called "boulevards."
h. Historical roads shall be called "market roads."
i. Roads running at oblique angles to the four points of the compass,
less than 1,000 feet in length, shall be called "ways." (See Appendix
"D," attached hereto.)
j. Roads that begin at and circle back onto the same road, or that are
circular or semicircular, shall be called "circles" or "loops."
FINDING: The road segment to be renamed is approximately 1,575 feet in length and extends south
from the existing McClain Drive. Given these circumstances, staff finds "drive" is the appropriate
suffix. These criteria are met.
F. Staff Review and Road Name Assignment: The Community Development Department
shall review road name applications and shall assign road names under the
following procedure:
1. Verify legal status of road with the County Clerk's office and Road
nepartment
FINDING: The road to be renamed was created and publically dedicated as part of the Westgate
Phases 5, 6, and 73 Subdivision recorded on April 15, 2021, and the Tree Farm Subdivision4 recorded
on October 27, 2016. The Deschutes County Clerk's Office and Road Department have records of
this approved subdivision and the creation of this public road. This criterion is met.
2. Check proposed road name(s) to avoid duplication or confusing similarity
with other existing road names, with those on approved preliminary land
divisions and with those approved for future use.
FINDING: The Deschutes County Address Coordinator confirmed the proposed road name is
unique and there are no other similarly named roads in Deschutes County. This criterion is met.
3. Perform a field check, when necessary.
4. Assist the applicant or other affected person(s) to find alternate names when
required.
FINDING: For the purposes of this review, staff relied on existing County records and aerial images
3 Reference Land Use File Nos.247-19-000500-MP, 501-TP.
4 Reference Land Use File Nos. 247-14-000242-CU through 251-TP.
247-22-000587-RN Page 6 of 11
to verify the applicable requirements. As detailed in this decision, the proposed name McClain Drive
satisfies the applicable requirements. Therefore, no alternate names were necessary or submitted.
These criteria are met.
5. Notify appropriate persons, departments and agencies of the road name
application, and request comments.
6. Review and consider all comments submitted.
7. Assign a road name in accordance with the standards set forth in DCC
16.16.030(E) above.
FINDING: As detailed in the Basic Findings above, the appropriate persons, departments and
agencies received notice of this pending application. All of the submitted comments were reviewed
in coordination with the Deschutes County Property Address Coordinator and the assigned name,
McClain Drive, meets the standards of DCC 16.16.030(E). These criteria are met.
G. Notice of Staff Decision. Following assignment of a road name by the Community
Development Department, notice of the road name assignment shall be sent to all
persons entitled to notice under DCC 16.16.030(B).
H. Appeal. Affected property owners and occupants shall have the right to appeal the
assignment of a road name by the Community Development Department. Such
appeals shall be conducted in accordance with the provisions of the Deschutes
County Development Procedures Ordinance, except where the provisions of DCC
16.16.030 conflict with the procedures ordinance, in which case the provisions of
DCC 16.16.030 shall apply Affected property owners and occupants chat! have 1n
days from the date of the staff decision in which to file an appeal. Issues on appeal
shall be limited to whether the Community Development Department correctly
applied the criteria set forth herein.
FINDING: A Notice of Staff Decision will be mailed in accordance with the requirements of DCC
16.16.030(B). This notice will include information on the right to appeal as detailed above. These
criteria will be met.
A road name assignment becomes final when no further right of appeal established
herein is possible. Within 10 days of the road name assignment becoming final, the
Board shall sign an order establishing the road name as assigned by the Community
Development Department.
FINDING: Within ten (10) days of this decision becoming final and absent an appeal, the proposed
road name assignment of McClain Drive will become final under Board Order 2022-067. This
criterion will be met.
J. The affected property owners and occupants shall have 180 days from the date of
the Board order of road name assignment to begin using the road name.
FINDING: To ensure compliance a condition of approval has been added. This criterion will be met.
247-22-000587-RN Page 7 of 11
K. Notice of Decision. Following the order of the Board naming a road, the Community
Development Department shall:
1. Notify the applicant requesting the road name of the action
2. Send copies of the order naming the road to the following:
a. Road Department
b. Assessor's Office and Tax Office
c. Postmaster
d. Planning Department
e. County Clerk's office
f. Affected telephone and other utilities
g. Affected fire department(s)
h. Local school district(s)
i. Emergency services, i.e., police, fire, 911, etc.
3. File the original order naming a new road with County Clerk
4. On a monthly basis, the Community Development Department shall publish
a list of changed road names in a newspaper of general circulation
designated for the purpose of the Board.
FINDING: Following review of the Board Order, staff will provide notice of the Board Order to the
required entities identified above and the Board Order will be recorded in the Deschutes County
Clerk's records. The proposed road name will be published in a newspaper with the list of changed
road names. These criteria will be met.
Section 16.16.040 Procedures And Standards For Changing Existing Road Names
The following procedures and standards shall apply to the changing of existing road names:
A. An existing road name may be changed by the Community Development Department
if the existing name:
1. Duplicates a pre-existing road name within the same postal zip code
or geographic area;
2. Sounds like or is spelled so similarly to a pre-existing road name in the
same postal zip code or geographic area as to cause confusion
between the two roads;
3. Is known by more than one name;
4. Is different than the name of the road of which it is a continuation; or
5. Is not consistent with County road naming standards set forth in DCC
16.16.
FINDING: In 2016, Sage Steppe Drive was created as part of the Tree Farm and was dedicated to
the public as a 60-foot road right-of-way. The northern portion of Sage Steppe Drive, beginning at
the intersection of Huntsman Loop and Horizon View Drive, is located within the Westgate and was
dedicated to the public as a 60-foot right-of-way in 2021. This existing paved road is 1,575 feet in
length, extending through Westgate and Tree Farm (and a four-way intersection with Ridgeline Drive
247-22-000587-RN Page 8 of 11
and Ridgeline Court), terminating at the south boundary of Tree Farm. The south boundary of Tree
Farm abuts City of Bend city limits. The purpose of the road name change is to ensure consistency
in street names for the continuation of McClain Drive.
B. In choosing which road name to change as between two or more roads with the
same or similar names (affected roads), the department shall consider the following
factors:
1. The number of properties, developed and undeveloped, abutting
each affected road;
2. The length of time a name has been in use to designate each
affected road and whether the name used to designate each road
has any historic significance;
3. Whether one affected road as named is relatively better known by
the general public than the other affected road or roads as named;
4. Any showing that a proposed road name change would be
relatively more burdensome to abutting property owners than if
another affected road name were changed.
FINDING: The applicant has chosen to rename the 1,575-foot-long segment of Sage Steppe Drive
to McClain Drive as the existing McClain Drive contains a greater number of properties, developed
and undeveloped, abutting the affected road. Eight (8) properties currently abut Sage Steppe Drive
and no addresses will be affected. Staff finds it is most logical to rename the short segment of Sage
Steppe Drive as opposed to renaming the existing McClain Drive roadway segment, which crosses
into City of Bend jurisdiction and extends north for over 5,000 feet. Renaming the existing McCain
Drive right-of-way would also affect a significantly larger number of properties who take access from
and are addressed off McClain Drive.
C. Proposed name changes shall proceed under the process specified under DCC
16.16.030.
FINDING: The requested road name change will follow the process specified under DCC
16.16.030, above.
IV. CONCLUSION:
Based on the foregoing findings, staff concludes that the proposed road name can comply with the
applicable standards and criteria of the Deschutes County Road Naming Ordinance if conditions of
approval are met.
Other permits may be required. The applicants are responsible for obtaining any necessary permits
from the Deschutes Road Department as well as any required state and federal permits.
The Deschutes County Road Department will coordinate the posting of a new road sign with the
Property Address Coordinator. Please coordinate with the Deschutes County Road Department
247-22-000587-RN Page 9 of 11
regarding fees related to the creation and installation of the new road sign.
V. DECISION:
APPROVAL, subject to the following conditions of approval.
VI. CONDITIONS OF APPROVAL:
A. The affected property owners and occupants shall have 180 days from the date of the Board
Order of road name assignment to begin using the road name. Note: This requirement will
only impact property owners and occupants that currently take access from Sage Steppe
Drive.
VII. DURATION OF APPROVAL:
This decision becomes final ten (10) days after the date mailed, unless appealed by a party of
interest. Issues on appeal shall be limited to whether the Community Development Department
correctly applied the criteria set forth herein. To appeal, it is necessary to submit a Notice of Appeal,
the appeal fee of $250.00 and a statement raising any issue relied upon for appeal with sufficient
specificity to afford the Hearings Body an adequate opportunity to respond to and resolve each
issue.
Within ten (10) days of this decision becoming final and absent an appeal, the Board of County
Commissioners shall approve the subject road name assignment pursuant to Board Order 2022-
067.
Copies of the application, all documents and evidence submitted by or on behalf of the applicant
and applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents
per page.
NOTICE TO MORTGAGEE, LIEN HOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT
IF YOU RECEIVE THIS NOTICE, IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER.
DESCHUTES COUNTY PLANNING DIVISION
Written by: Haleigh King, Associate Planner
247-22-000587-RN
Page 10 of 11
ex,„,,
Reviewed by: Will Groves, Planning Manager
Attachment: Road Location Map
247-22-000587-RN Page 11 of 11
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Assigning the Name of McClain Drive
to a 1,575-foot portion of a 60-foot-wide public * ORDER NO. 2022-067
road right-of-way currently named Sage Steppe
Drive located within the Tree Farm PUD and
Westgate Subdivision.
WHEREAS, Tree Farm Homeowners Association and Empire Westgate, LLC have applied to change an
existing road name pursuant to Deschutes County's Code, Title 16, Addresses and Road Names, to assign the
name of McClain Drive to a 1,575-foot portion of a 60-foot-wide public road right-of-way located in Township
17 South, Range 11 East, Section 35A, W.M., Township 17 South, Range 11 East, Section 35B, W.M., Township
17 South, Range 11 East, Section 35AC, W.M., and Township 17 South, Range 11 East, Section 35, W.M.,
WHEREAS, all public notices required to be given under 16.16.030(B) regarding the proposed name have
been given; and
WHEREAS, the appeal period for appealing the Community Development Department's approval
expired; and
WHEREAS, DCC 16.16.030(I) requires road names be assigned by order of the Board of County
Commissioners; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. That the name of McClain Drive be assigned to a 1,575-foot portion of a 60-foot-wide
public road right-of-way located in Township 17 South, Range 11 East, Section 35A, W.M., Township 17 South,
Range 11 East, Section 35B, W.M., Township 17 South, Range 11 East, Section 35AC, W.M., and Township 17
South, Range 11 East, Section 35, W.M., as set forth in Exhibit "A", attached hereto and incorporated herein.
Dated this of , 20 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PATTI ADAIR, CHAIR
ANTHONY DEBONE, VICE CHAIR
PAGE 1 OF 2- ORDER NO. 2022-067
ATTEST:
Recording Secretary PHIL CHANG, COMMISSIONER
PAGE 2 OF 2- ORDER No. 2022-067
File Number 247-22-000587-RN
Proposed Name to
be McClain Drive
Date: 11/30/2022
McClain Drive
162.5 325 650
ft
1 nc h = 376 feet
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: December 14, 2022
SUBJECT: Deliberations - Psilocybin TPM Amendments
BACKGROUND AND POLICY IMPLICATIONS:
On December 14, 2022 the Deschutes County Board of Commissioners will conduct
deliberations to consider legislative text amendments for time, place, and manner (TPM)
regulations for psilocybin manufacturing, testing and distribution/consumption.
BUDGET IMPACTS:
None
ATTENDANCE:
Cnr,inr Dlnnnor
of lyo ..JQILLI I Ial1, ..JCI11V1 , IG1111C1
ES
CO MUNBTY EVEILOP ENT
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Tanya Saltzman, AICP, Senior Planner
DATE: December 7, 2022
SUBJECT: Deliberations - Psilocybin TPM Amendments
On December 14, 2022 the Deschutes County Board of Commissioners (Board) will conduct deliberations
to consider legislative text amendments for time, place, and manner (TPM) regulations for psilocybin (File
no. 247-22-000676-TA).
The initial public hearing was held on November 21, 2022,1 at which time the Board chose to continue
the hearing to November 30 in order to accommodate the cancellation of the planned 6 p.m. reconvening
of the hearing on November 21. The written record was held open until December 2 at 4 p.m.
Staff submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department of
Land Conservation and Development (DLCD) on August 25, 2022. Staff presented the proposed
amendments to the Planning Commission at a work session on September 8, 2022.2 The initial public
hearing was held on September 29, 2022,3 at which time the Planning Commission voted to continue the
hearing to October 13 in order to receive additional oral and written testimony.' At the conclusion of the
October 13 public hearing continuation, the oral record was closed and the written record was left open
until October 14, 2022. A summary of the testimony received during the Planning Commission process
and of the Planning Commission recommendations was provided to the Board for its public hearings.
The record, which contains all memoranda, notices, and written testimony received, is available at the
following website: https://www.deschutes.org/cd/page/247-22-000676-ta-psilocybin-time-place-and-
manner-tpm-text-amendments.
Attached to this memorandum are the proposed text amendments and findings for reference. Within the
proposed amendments, added language is shown underlined and deleted shown as strikethrough.
1 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-67
2 https•//www.deschutes.org/bc-pc/page/planning-commission-16
3 https://www.deschutes.org/bc-pc/page/planning-commission-19
4 https://www.deschutes.org/bc-pc/page/planning-commission-20
I. WRITTEN TESTIMONY
During the Board's process, a total of 60 individuals provided written testimony concerning the proposed
amendments spanning the timeframe between November 21 and the conclusion of the open record
period on December 2, 2022. Individual comments submitted to the record are viewable on the project
website. Comments are generally grouped as follows (some comments addressed more than one issue,
were duplicates, or were general in nature so total numbers may not exactly reflect the total number of
comments received):
20 individuals were against allowing psilocybin service centers in destination resorts, specifically Juniper
Preserve (formerly Pronghorn). Concerns included:
• Limited access to emergency services
• Lack of transparency and community engagement between resort ownership and resort
residents and property owners discussing this opportunity
• Concern for general safety
• Compatibility with golf and family residential community
• Resort communities to not necessarily provide the peaceful/rural/quiet setting that
proponents desire
• Treatment is more suited to medical facilities
• Concerns for loss of property value
27 individuals were in favor of allowing service centers in destination resorts. Reasons included:
• Service centers will be heavily regulated by Oregon Health Authority so concerns for safety are
unwarranted
• Destination resorts ensure a level of professionalism, security, and hospitable service to the
public
• Destination resorts are rural by nature
• Juniper Preserve will be focused on educating and informing the public
• Noting that service centers would be restricted to the commercial areas of a resort. For
Juniper Preserve, this means areas in or near the Juniper Lodge and away from the area of
year-round private residences. No person actively experiencing the effects of psilocybin may
leave the licensed premises of the service center.
9 individuals expressed concern that the regulations are too restrictive, citing:
• Support for psilocybin as a treatment for PTSD/trauma in general
• Desire for this treatment from the veterans' community
• Too many restrictions will result in fewer service centers and therefore more expensive
treatment with longer waitlists for treatment
• County residents have now voted in favor of psilocybin two times
-2-
• Request to allow service centers as a conditional use in EFU, Forest, MUA-10 and RR-10; allow
service centers as a conditional use as: community center to veterans; room and board facility;
guest ranch
One individual testified against psilocybin in general.
Details of testimony pertaining to specific questions for deliberation are cited in the relevant sections
below.
Three written comments from the following individuals were received after the close of the public record
and therefore cannot be included:
• N. Gould
• J. Kios
• R. Graham
II. HEARING TESTIMONY
Eight individuals testified at the November 21 public hearing, and eight more testified on November 30.
The majority of in -person testimony focused on similar themes as the written testimony:
• General support of psilocybin as a treatment option
• Nature-based/rural service centers are critical to a successful experience
• Voters have made clear they would like these services made available
• Concerns for O Iidbil14-y.iU 1 egUIctC/CIULC ,aU subsequent
recommendation for the county to not accept any psilocybin business applications for one year
• Recommending adoption of the Planning Commission recommendations
• Support for service centers in destination resorts
• Request for service centers in destination resorts to only allow indoor services
• Against psilocybin in general
III. QUESTIONS FOR DELIBERATION
Based on testimony received throughout the public process, staff has highlighted several areas for the
Board to consider. After discussing each of these issues, staff, will compile revised amendments and
findings to reflect Board direction.
1. What hours should psilocybin service centers be permitted to operate?
The Planning Commission recommended that service center hours match those of Oregon Health
Authority's: 6:00 a.m. to 11:59 p.m., with allowances beyond this for extenuating circumstances based on
the determination of the facilitator.
Options:
a. Keep hours as written to match OHA's hours (6:00 a.m. to 11:59 p.m.);
b. Change hours to other option
-3-
2. Should psilocybin manufacturing as farm and processing uses be allowed in forest zones (F1
and F2) in addition to EFU?
The Planning Commission recommended that areas permitting psilocybin manufacturing include forest
zones, citing ORS 475A.571(1), which declares psilocybin-producing fungi as a crop for the purposes of
"Farm" use and "farming practice." ORS 475A.570(4) states "A county may allow the manufacture of
psilocybin products as a farm use on land zoned for farm or forest use in the same manner as the
manufacture of psilocybin products is allowed in exclusive farm use zones under this section and ORS
215.213, 215.283 and 475C.053."
Options:
a. Uphold Planning Commission recommendation, thereby allowing psilocybin manufacturing in
forest (F1 and F2) zones
b. Do not allow psilocybin manufacturing in F1 and F2 zones.
3. Should psilocybin service centers in be permitted in destination resorts?
The Planning Commission recommended allowing service centers in destination resorts. This topic was
the most commented upon —both for and against —in the Board public process.
A summary of general testimony for and against allowing service centers in destination resorts is
provided above.
Options:
a. Do not allow service centers in destination resorts;5
b. Allow service centers in destination resorts and psilocybin manufacturing as an accessory use if it
is in conjunction with a service center,
c. Allow service centers in destination resorts and psilocybin manufacturing as an accessory use as
a conditional use subject to DCC 18.128.015.6
5 According to the record, Juniper Preserve did not notify resort residents or property owners of their amendment
to allow psilocybin service centers subject to site plan review. None of the three other destination resorts (Caldera
Springs, Eagle Crest, and Tetherow) nor their residents/property owners submitted testimony, likely because they
were unaware of Juniper Preserve's proposal. If the Board adopts narrow TPM amendments without a provision
relating to destination resorts, upon acknowledgment Juniper Preserve can apply for a legislative amendment.
While this requires a land use fee and a separate legislative process, notification of the proposed amendment
would be sent to every destination resort property owner in Deschutes County.
6 Given the concerns expressed by resort residents and property owners, the Board could require destination
resorts to obtain a conditional use permit for psilocybin service centers. Deschutes County Code 18.128.015(B)
requires an applicant to demonstrate the proposed use is compatible with existing and projected uses on the
surrounding properties based on site design and operating characteristics of the use; adequacy of transportation
to the site; and natural and physical features of the site.
-4-
Staff notes that written testimony received from C. Celko/Emerge Law Group (2022-11-21)7 has
recommended several refinements to the destination resort code from the version presented for the
Board public hearings. Specifically, the testimony recommends that "an existing destination resort
approved for a "wellness" use, such as a spa or fitness center pursuant to its approved final master plan,
may establish a psilocybin service center in an area approved for the "wellness" use(s) without being
required to undergo the lengthy and expensive conceptual/final master plan modification process. Any
new destination resort applicant or existing destination resort with no approved "wellness" uses (as
determined by the Planning Director) would submit to a Hearing Officer's determination regarding the
master plan modification question per the Staff Report."
The testimony notes that the previous iteration of the code left significant uncertainty as to whether a
resort would have to modify its master plan, stating "At best, a destination resort psilocybin service center
applicant would have to expend time and funds on the hearing process to obtain a decision allowing the
site plan review without a conceptual and/or final master plan modification. At worst, the Hearings Officer
would determine that the applicant must undergo the costly and complex conceptual and/or final master
plan modification process after the expensive hearing process. Such uncertainty and additional
administrative hurtles would only serve to further delay and inhibit a resort's ability to provide psilocybin.
services, contrary to the spirit of Measure 109 and County residents' desire for service centers in natural
settings, as expressed in the Planning Commission's hearing records."
Staff notes that C. Celko/Emerge Law Group has proposed draft code under DCC 18.113.030(D)(7)(a) to
address this concern. However, the proposed draft code includes a "wellness" determination by the
Planning Director. Staff instead recommends, to the extent the board wants to remove ambiguity
regarding the necessity of modification of the resort's Conceptual Master Plan and/or Final Master Plan,
the following draft code, which removes the Planning Director's "wellness" determination (changes to
original testimony indicated by strikethrough/underline):
D. Commercial services and specialty shops designed to provide for the visitors to the resort:
***
7. Psilocybin Service centers licensed by the Oregon Health Authority;
a. For a lawfully established destination resort, the establishment of a
psilocybin service center in any area approved for a spa, physical fitness
center, or other use deemed by the Planning Director to enhance a person's
wellness commercial services or specialty shops pursuant to an approved
final master plan does not require modification of an approved conceptual
master plan or final master plan.
Options:
If the Board chooses to allow service centers in destination resorts or to allow service centers in
destination resorts as a conditional use (Options b or c above), additional options are as follows:
d. Adopt language in DCC 18.113.030(D)(7) with the C. Celko/Emerge Law Group revisions proposed
(including the "wellness" provision);
https://www.deschutes.org/cd/page/247-22-000676-ta-psilocybin-time-place-and-manner-tpm-text-amendments
-5-
e. Adopt language in DCC 18.113.030(D)(7) with the C. Celko/Emerge Law Group revisions proposed,
modified to remove the "wellness" determination as noted above;
f. Adopt language in DCC 18.113.030(D)(7) without the revisions proposed in testimony cited above,
as it appeared in the Board hearing package;8
Note: Due to the attention to this issue, if the Board chooses to allow service centers in destination resorts
in any iteration, staff recommends adopting this provision in a separate ordinance from the rest of the
psilocybin TPM amendments. This will ensure that in the event of an appeal, the baseline TPMs would
remain unaffected if they are not separately appealed.
4. Should psilocybin service centers be prohibited as home occupations or as commercial
activities in conjunction with farm use?
The Planning Commission recommended that service centers potentially be allowed as home
occupations and as commercial activities in conjunction with farm use.
It is staff's understanding based on the testimony provided by the Department of Land Conservation and
Development (DLCD) during the Planning Commission process that psilocybin service centers could not
be a stand-alone use in EFU zones, but could potentially be allowed on EFU land through two paths: home
occupations and commercial activity in conjunction with farm use. Each of those uses are subject to their
own regulations and criteria in Deschutes County Code (DCC), and any applicant would have to meet
those standards. Specifically:
• Commercial activities that are in conjunction with farm use are conditional uses subject to
DCC 18.16.040, Limitations On Conditional Uses, and 18.128.015 and
• Home Occupations are conditional uses subject to DCC 18.16.0030(M), Limitations On
Conditional Uses, and DCC 18.116.280, Home Occupations.
New testimony from 1000 Friends of Oregon (D. Kesner, 2022-12-02) countered this position, stating that
the County should prohibit service centers from being authorizable as commercial activities in
conjunction with farm use or as home occupations stating that "the application of either of these
permitted uses on EFU land to psilocybin service centers is questionable."
Concerning home occupations, the testimony cited the potential conflict between the requirement to
permit a home occupation within a dwelling or other buildings normally associated with a permitted use
in the zone, and exclusions in 1) ORS 475A.220 of a primary residence for a service center premises, and
2) OHA draft rules prohibiting service centers from sharing overlapping space with a "bed and breakfast"
or a "residence."
Concerning commercial activities in conjunction with farm use, the testimony noted the interpretation of
the courts of the requirements of this use wherein the commercial activity must "enhance the farming
enterprises of the local agricultural community to which the EFU land hosting that commercial activity
8 It is unclear whether a destination resort in this scenario could immediately apply for a site plan review.
Modifying the conceptual and/or final master plan may be required.
-6-
relates." The testimony also cited the need for commercial activities to be incidental and subordinate to
the farm use, maintaining that service centers would "quickly eclipse any production of psilocybin
occurring on the property and run awry of the incidental and subordinate limitation for commercial
activities in conjunction with farm use."
Lastly, this testimony cited general policy considerations concerning agricultural land, maintaining that
service centers are most similar to a medical clinic, without a need to use the County's "valuable and
shrinking" farm land.
Options:
a. Keep amendments as written, maintaining the potential option of service centers utilizing either
home occupations or commercial activities in conjunction with farm use as a way to be sited on
EFU land;
b. Prohibit psilocybin service centers as either home occupations or commercial activities in
conjunction with farm use;
c. Place limitations on service centers approved as home occupations or commercial activity in
conjunction with farm use (for instance, prohibit home occupations but allow commercial activity
in conjunction with farm use, or prescribe additional TPM regulations specific to service centers
beyond those generic to these use categories).
IV. NEXT STEPS
Once the Board has directed staff as to its preferred direction for each of the deliberation questions
asked above, staff will return with an ordinance or ordinances with text amendments reflecting this on
either December 19. The Board may then vote on that ordinance(s).
If the vote is unanimous, the ordinance may be adopted by emergency, effective immediately. If the vote
is not unanimous, the Board will hold first and second readings at least 14 days apart, and then the
amendments will be effective 90 days after second reading.
Attachment:
Proposed Text Amendments and Findings - Board Public Hearing Version
-7-
CHAPTER 18.04 TITLE, PURPOSE AND DEFINITIONS
18.04.030 Definitions
***
"Psilocybin" means psilocybin or psilocin.
"Psilocybin manufacture as a farm use" means the manufacture, planting, cultivation, growing,
harvesting, production, preparation, propagation, any packaging or repackaging of psilocybin-producing
fungi or labeling or relabeling of its container, provided that the psilocybin manufacturer is licensed by
the Oregon Health Authority with a psilocybin manufacturing endorsement for fungi cultivation. It does
not include psilocybin manufacture as a processing use.
"Psilocybin manufacture as a processing use" means the compounding, conversion, or processing of a
psilocybin product, either directly or indirectly by extraction from substances of natural origin, or
independently by means of chemical synthesis, or by a combination of extraction and chemical
synthesis, provided that the psilocybin manufacturer is licensed by the Oregon Health Authority with a
psilocybin manufacturing endorsement for psilocybin extraction and/or edible psilocybin production.
"Psilocybin premises" includes the following areas of a location licensed under ORS 475A.210 to
475A.722:
A. All public and private enclosed areas at the location that are used in the business operated
at the location, including offices, kitchens, rest rooms and storerooms;
B. All areas outside a building that the Oregon Health Authority has specifically licensed for the
manufacturing of psilocybin products or the operation of a psilocybin service center; and
C. For a location that the authority has specifically licensed for the operation of a psilocybin
service center outside a building, that portion of the location used to operate the psilocybin
service center and provide psilocybin services to clients.
"Psilocybin premises" does not include a primary residence.
"Psilocybin-producing fungi" is:
A. A crop for the purposes of "farm use" as defined in ORS 215.203;
B. A crop for purposes of a "farm" and "farming practice," both as defined in ORS 30.930;
C. A product of farm use as described in ORS 308A.062; and
D. The product of an agricultural activity for purposes of ORS 568.909.
Exhibit A to Ordinance No. 2022-014 Chapter 18.04 (11/22)
"Psilocybin products" means psilocybin-producing fungi, mycelium and mixtures or substances
containing a detectable amount of psilocybin, including whole fungi, homogenized fungi, psilocybin
extract and edible psilocybin products. "Psilocybin products" does not include psilocybin services.
"Psilocybin service center" means an establishment licensed by the Oregon Health Authority:
A. At which administration sessions are held; and
B. At which other psilocybin services may be provided.
HISTORY
Adopted by O
Amended by
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rd. PL-15 on 11/1/1979
Ord. 82-013 §1 on 5/25/1982
Ord. 83-037 §2 on 6/1/1983
Ord. 83-033 §1 on 6/15/1983
Ord. 84-023 §1 on 8/1/1984
Ord. 85-002 §2 on 2/13/1985
Ord. 86-032 §1 on 4/2/1986
Ord. 86-018 §1 on 6/30/1986
Ord. 86-054 §1 on 6/30/1986
Ord. 86-056 §2 on 6/30/1986
Ord. 87-015 §1 on 6/10/1987
Ord. 88-009 §1 on 3/30/1988
Ord. 88-030 §3 on 8/17/1988
Ord. 88-030 §4 on 8/17/1988
Ord. 89-004 §1 on 3/24/1989
Ord. 89-009 §2 on 11/29/1989
Ord. 90-014 §2 on 7/12/1990
Ord. 91-002 §11 on 2/6/1991
Ord. 91-005 §1 on 3/4/1991
Ord. 92-025 §1 on 4/15/1991
Ord. 91-020 §1 on 5/29/1991
Ord. 91-038 §§3 and 4 on 9/30/1991
Ord. 92-004 §§1 and 2 on 2/7/1992
Ord. 92-034 §1 on 4/8/1992
Ord. 92-065 §§1 and 2 on 11/25/1992
Ord. 92-066 §1 on 11/25/1992
Ord. 93-002 §§1, 2 and 3 on 2/3/1993
Ord. 93-005 §§1 and 2 on 4/21/1993
Ord. 93-038 §1 on 7/28/1993
Ord. 93-043 §§1, 1A and 18 on 8/25/1993
Ord. 94-001 §§1, 2, and 3 on 3/16/1994
Exhibit A to Ordinance No. 2022-014 Chapter 18.04 (11/22)
Amended by
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Ord. 94-008 §§1, 2, 3, 4, 5, 6, 7 and 8 on 6/8/1994
Ord. 94-041 §§2 and 3 on 9/14/1994
Ord. 94-038 §3 on 10/5/1994
Ord. 94-053 §1 on 12/7/1994
Ord. 95-007 §1 on 3/1/1995
Ord. 95-001 §1 on 3/29/1995
Ord. 95-075 §1 on 11/29/1995
Ord. 95-077 §2 on 12/20/1995
Ord. 96-003 §2 on 3/27/1996
Ord. 96-082 §1 on 11/13/1996
Ord. 97-017 §1 on 3/12/1997
Ord. 97-003 §1 on 6/4/1997
Ord. 97-078 §5 on 12/31/1997
Ord. 2001-037 §1 on 9/26/2001
Ord. 2001-044 §2 on 10/10/2001
Ord. 2001-033 §2 on 10/10/2001
Ord. 2001-048 §1 on 12/10/2001
Ord. 2003-028 §1 on 9/24/2003
Ord. 2004-001 §1 on 7/14/2004
Ord. 2004-024 §1 on 12/20/2004
Ord. 2005-041 §1 on 8/24/2005
Ord. 2006-008 §1 on 8/29/2006
Ord. 2007-019 §1 on 9/28/2007
Ord. 2007-020 §1 on 2/6/2008
Ord. 2007-005 §1 on 2/28/2008
Ord. 2008-015 §1 on 6/30/2008
Ord. 2008-007 §1 on 8/18/2008
Ord. 2010-018 §3 on 6/28/2010
Ord. 2010-022 §1 on 7/19/2010
Ord. 2011-009 §1 on 10/17/2011
Ord. 2012-004 §1 on 4/16/2012
Ord. 2012-007 §1 on 5/2/2012
Ord. 2013-008 §1 on 7/5/2013
Ord. 2014-009 §1 on 8/6/2014
Ord. 2015-004 §1 on 4/22/2015
Ord. 2016-015 §1 on 7/1/2016
Ord. 2016-026 §1 on 11/9/2016
Ord. 2016-006 §1 on 2/27/2017
Ord. 2017-015 §1 on 11/1/2017
Repealed by Ord. 2018-005 §8 on 10/10/2018
Amended by Ord. 2018-006 §4 on 11/20/2018
Amended by Ord. 2019-010 §1 on 5/8/2019
Amended by Ord. 2019-016 §1 on 2/24/2020
Amended by Ord. 2020-001 §1 on 4/21/2020
Exhibit A to Ordinance No. 2022-014 Chapter 18.04 (11/22)
Amended by Ord. 2020-010 §1 on 7/3/2020
Amended by Ord. 2020-007 §7 on 10/27/2020
Amended by Ord. 2021-013 §3 on 4/5/2022
Amended by Ord. 2022-014 §1 on x/x/2022
Exhibit A to Ordinance No. 2022-014 Chapter 18.04 (11/22)
CHAPTER 18.65 RURAL SERVICE CENTER; UNINCORPORATED COMMUNITY ZONE
18.65.020 RSC; Commercial/Mixed Use District (Brothers, Hampton, Millican, Whistlestop And Wildhunt)
18.65.021 Alfalfa RSC; Commercial/Mixed Use District
18.65.020 RSC; Commercial/Mixed Use District (Brothers, Hampton, Millican, Whistlestop And
Wildhunt)
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright,
subject to applicable provisions of this chapter:
1. Single-family dwelling.
2. Manufactured home, subject to DCC 18.116.070.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Residential home and residential facility.
5. Two-family dwelling or duplex.
6. Agricultural uses, as defined in Title 18, and excluding livestock feed lot or sales yard,
and hoe or mink farms.
7. 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.
8. Class III road and street project.
9. 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 applicable provisions of this chapter, DCC 18.116, Supplementary
Provisions, and DCC 18.124, Site Plan Review, of this title:
1. Retail store, business office and/or commercial establishment in a building or buildings
each not exceeding 4,000 square feet of floor space. The aggregate area for any one
type of use that takes place in multiple buildings may not exceed 4,000 square feet.
2. Residential use in conjunction with a permitted commercial use.
3. Park or playground.
4. Community building.
5. Public or semipublic building or use.
Exhibit B to Ordinance No. 2022-014 Chapter 18.65 (11/22)
6. Highway maintenance facility.
7. Marijuana wholesaling, office only. There shall be no storage of marijuana items or
products at the same location.
8. Religious institutions or assemblies.
C. Conditional Uses Permitted. The following uses and their accessory uses are permitted subject
to applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, DCC 18.124, Site
Plan Review, and DCC 18.128, Conditional Use, of this title:
1. Multi -family dwelling with three or more units.
2. School.
3. Cemetery.
4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
5. Medical clinic or veterinary clinic.
6. Community Center.
7. Manufactured home park.
8. Recreational vehicle or trailer park.
9. Wireless telecommunications facilities, except those facilities meeting the requirements
of DCC 1R.11A.250(A).
10. Marijuana retailing, subject to the provisions of DCC 18.116.330.
11. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
HISTORY
Adopted by Ord. 2002-002 §2 on 6/5/2002
Amended by Ord. 2002-028 §1 on 7/24/2002
Amended by Ord. 2004-002 §11 on 4/28/2004
Amended by Ord. 2015-004 §2 on 4/22/2015
Amended by Ord. 2016-015 §4 on 7/1/2016
Amended by Ord. 2018-006 §8 on 11/20/2018
Amended by Ord. 2020-001 §6 on 4/21/2020
Amended by Ord. 2022-014 §2 on x/x/2022
18.65.021 Alfalfa RSC; Commercial/Mixed Use District
In Alfalfa, the following uses and their accessory uses are permitted:
A. Uses Permitted Outright.
1. Single-family dwelling.
Exhibit B to Ordinance No. 2022-014 Chapter 18.65 (11/22)
2. Manufactured home, subject to DCC 18.116.070
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Residential home and residential facility.
5. Two-family dwelling or duplex.
6. Agricultural uses, as defined in Title 18, and excluding livestock feed lot or sales yard,
and hog or mink farms.
7. 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.
8. Class III road and street project.
9. 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 applicable provisions of this chapter, DCC 18.116, Supplementary
Provisions and DCC 18.124, Site Plan Review, of this title:
1. Retail store, business office and/or commercial establishment in a building or buildings
each not exceeding 4,000 square feet of floor space. The aggregate area for any one
type of use that takes place in multiple buildings may not exceed 4,000 square feet.
2. Residential use in conjunction with a permitted commercial use.
3. Park or playground.
4. Community building.
5. Public or semipublic building or use.
6. Marijuana wholesaling, office only. There shall be no storage of marijuana items or
products at the same location.
7. Religious institutions or assemblies.
C. Conditional Uses Permitted. The following uses and their accessory uses are permitted subject
to applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, DCC 18.124, Site
Plan Review, and DCC 18.128, Conditional Use, of this title:
1. School.
2. Cemetery.
3. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
4. Medical clinic or veterinary clinic.
5. Community Center.
Exhibit B to Ordinance No. 2022-014 Chapter 18.65 (11/22)
6. Recreational vehicle or trailer park.
7. Wireless telecommunications facilities, except those facilities meeting the requirements
of DCC 18.116.250(A).
8. Marijuana retailing, subject to the provisions of DCC 18.116.330.
9. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
HISTORY
Adopted by Ord. 2002-002 §2 on 6/5/2002
Amended by Ord. 2018-006 §8 on 11/20/2018
Amended by Ord. 2020-001 §6 on 4/21/2020
Amended by Ord. 2022-014 §2 on x/x/2022
Exhibit B to Ordinance No. 2022-014 Chapter 18.65 (11/22)
CHAPTER 18.66 TERREBONNE RURAL COMMUNITY ZONING DISTRICTS
18.66.040 Commercial (TeC) 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.
Exhibit C to Ordinance No. 2022-014 Chapter 18.66 (11/22)
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. \/Voter 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.
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.
15. Marijuana retailing, subject to the provisions of DCC 18.116.330.
16. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
Exhibit C to Ordinance No. 2022-014 Chapter 18.66 (11/22)
HISTORY
Adopted by Ord. 97-003 §2 on 6/4/1997
Amended by Ord. 97-063 §3 on 11/12/1997
Amended by Ord. 2004-002 §15 on 4/28/2004
Amended by Ord. 2015-004 §3 on 4/22/2015
Amended by Ord. 2016-015 §5 on 7/1/2016
Amended by Ord. 2020-001 §7 on 4/21/2020
Amended by Ord. 2020-010 §3 on 7/3/2020
Amended by Ord. 2021-004 §3 on 5/27/2021
Amended by Ord. 2022-014 §3 on x/x/2022
Exhibit C to Ordinance No. 2022-014 Chapter 18.66 (11/22)
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 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.
Exhibit D to Ordinance No. 2022-014 Chapter 18.67 (11/22)
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.
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.
c. 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.
13. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
Exhibit D to Ordinance No. 2022-014 Chapter 18.67 (11/22)
HISTORY
Adopted by Ord. 97-033 §2 on 6/25/1997
Amended by Ord. 97-063 §3 on 11/12/1997
Amended by Ord. 2000-033 §11 on 12/6/2000
Amended by Ord. 2001-016 §2 on 3/28/2001
Amended by Ord. 2001-039 §8 on 12/12/2001
Amended by Ord. 2004-002 §19 on 4/28/2004
Amended by Ord. 2004-013 §7 on 9/21/2004
Amended by Ord. 2015-004 §5 on 4/22/2015
Amended by Ord. 2016-015 §6 on 7/1/2016
Amended by Ord. 2020-001 §8 on 4/21/2020
Amended by Ord. 2020-010 §4 on 7/3/2020
Amended by Ord. 2021-004 §4 on 5/27/2021
Amended by Ord. 2021-013 §8 on 4/5/2022
Amended by Ord. 2022-014 §4 on x/x/2022
18.67.060 Industrial (Tul) 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.
Exhibit D to Ordinance No. 2022-014 Chapter 18.67 (11/22)
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;
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).
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;
Exhibit D to Ordinance No. 2022-014 Chapter 18.67 (11/22)
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.
5. Marijuana retailing, subject to the provisions of DCC 18.116.330.
6. Psilocybin testing laboratories.
HISTORY
Adopted by Ord. 2005-016 §1 on 4/27/2005
Amended by Ord. 2015-004 §6 on 4/22/2015
Amended by Ord. 2016-015 §6 on 7/1/2016
Amended by Ord. 2021-004 §4 on 5/27/2021
Amended by Ord. 2022-014 §4 on x/x/2022
Exhibit D to Ordinance No. 2022-014 Chapter 18.67 (11/22)
CHAPTER 18.74 RURAL COMMERCIAL ZONE
18.74.020 Uses Permitted; Deschutes Junction And Deschutes River Woods Store
18.74.025 Uses Permitted; Spring River
18.74.027 Uses Permitted; Pine Forest And Rosland
18.74.020 Uses Permitted; Deschutes Junction And Deschutes River Woods Store
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright and
do not require site plan review:
1. Single-family dwelling.
2. Manufactured home subject to DCC 18. 1 16. 070.
3. Two-family dwelling.
4. Type 1 Home Occupation, subject to DCC 18. 1 16. 280.
5. Agricultural uses.
6. Class I and II road or street project subject to approval as part of a land partition or
subdivision, or subject to the standards and criteria established in DCC 18.116.230.
7. Class III road or street project.
8. A lawfully established use existing as of 11/05/02, the date this chapter was adopted,
not otherwise permitted by this chapter.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted subject to the applicable provisions of this chapter and DCC 18.116 and 18.124:
1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any
combination of the following uses.
a. Restaurant, cafe or delicatessen.
b. Grocery store.
c. Tavern.
d. Retail sporting goods and guide services.
e. Barber and beauty shop.
f. General store.
g. Video store.
Exhibit E to Ordinance No. 2022-014 Chapter 18.74 (11/22)
h. Antique, art, craft, novelty and second hand sales if conducted completely
within an enclosed building.
2. Expansion of a nonconforming use listed under section B(1)(a-h), existing as of
11/05/2002, the date this chapter was adopted, shall be limited to 2,500 square feet or
25 percent of the size of the building as of said date, whichever is greater.
3. A building or buildings not exceeding 3,500 square feet of floor space to be used by any
combination of the following uses.
a. Retail sales of agricultural or farm products.
b. Farm machinery sales and repair.
c. Kennel.
d. Veterinary clinic.
e. Automobile service station and repair garage, towing service, fuel storage and
sales.
f. Public or semi-public use.
g•
Residential use in the same building as a use permitted by this chapter.
h. Park or playground.
4. Expansion of a nonconforming use listed under section B(3)(a-h), existing as of
11/05/2002, the date this chapter was adopted, shall be limited to 3,500 square feet or
25 percent of the size of the building as of said date, whichever is greater.
C. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary
Provisions, and DCC 18.124, Site Plan Review, of this title:
1. Child care facility and/or preschool.
D. Conditional Uses. The following uses and their accessory uses are permitted subject to the
applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128:
1. A building or buildings not exceeding 3,500 square feet of floor space to be used by any
combination of the following uses.
a. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
b. Utility facility.
c. Wireless telecommunications facilities, except those facilities meeting the
requirements of DCC 18.116.250(A) or (B).
d. Religious institutions or assemblies.
e. School.
Exhibit E to Ordinance No. 2022-014 Chapter 18.74 (11/22)
2. Recreational vehicle park
3. Mini -storage facilities limited to 35,000 square feet in size.
4. Marijuana retailing, subject to the provisions of DCC 18.116.330.
5. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
HISTORY
Adopted by Ord. 2002-019 §2 on 8/7/2002
Amended by Ord. 2004-002 §20 on 4/28/2004
Amended by Ord. 2008-008 §1 on 3/18/2008
Amended by Ord. 2015-004 §7 on 4/22/2015
Amended by Ord. 2016-015 §7 on 7/1/2016
Amended by Ord. 2020-001 §9 on 4/21/2020
Amended by Ord. 2020-010 §5 on 7/3/2020
Amended by Ord. 2021-013 §9 on 4/5/2022
Amended by Ord. 2022-014 §5 on x/x/2022
18.74.025 Uses Permitted; Spring River
A. Uses Permitted subject to Site Plan Review.
1. Retail/rental store, office, or service establishment.
a. Use Limitations. Each use in section (A)(1) shall not exceed 2,500 square feet of
building floor space on a single lot.
b. Building Limitations. For (A)(1) uses, if multiple buildings are located on a single
lot, the total square feet of floor space for each building shall not exceed 2,500
square feet.
c. The applicable provisions of this chapter, along with DCC 18.116 and 18.124,
apply to retail/rental store, office or service establishments, including but not
limited to the following uses and their accessory uses:
1. Fishing supplies and equipment.
2. Snowmobiling accessories.
3. Marine accessories.
4. General store.
5. Hardware store.
6. Convenience store with gas pumps.
7. Eating and drinking establishment.
8. Recreational rental equipment store.
Exhibit E to Ordinance No. 2022-014 Chapter 18.74 (11/22)
9. Excavation business.
10. Landscaping business/service.
11. Health care service.
12. Beauty shop.
13. Video store.
14. Post office.
15. Party supply.
16. Equipment sales and rental.
17. Appliance store.
18. Bank.
19. Exterminator.
20. Private mailing and packaging store.
21. Bakery.
d. Expansion of a nonconforming use listed in section (A)(1), existing as of
11/05/02, the date this chapter was adopted, shall be limited to 2,500 square
feet or 25 percent of the size of the building as of said date, whichever is
greater.
2. Pet, livestock supply and farm machinery sales and repair.
a. Use Limitations. Each use in section (A)(2) shall not exceed 3,500 square feet of
building floor space on a single lot, whether the use is contained within a single
or multiple buildings.
b. Building Limitation. For section (A)(2) uses, if multiple buildings are located on a
single lot, the total square feet of floor space for each building shall not exceed
3,500 square feet.
c. The applicable provisions of this chapter, along with DCC 18.116 and 18.124,
apply to the following uses and their accessory uses, and any combination of
these uses:
1. Pet and livestock supply
2. Farm machinery sales and repair.
d. Expansion of a nonconforming use listed in section (A)(2), existing as of
11/05/02, the date this chapter was adopted, shall be limited to 3,500 square
feet of floor space or 25 percent of the size of the building as of said date,
whichever is greater.
Exhibit E to Ordinance No. 2022-014 Chapter 18.74 (11/22)
B. Conditional Uses.
1. Use Limitations. Each use in section (B) shall not exceed 2,500 square feet of building
floor space on a single lot, whether the use is contained within a single or multiple
buildings.
2. Buildings Limitations. Each use in section (B) shall not exceed 2,500 square feet of
building floor space on a single lot.
3. The applicable provisions of this chapter, along with DC 18.116.124 and 18.128, apply to
the following uses and their accessory uses:
a. Full service gas station with automobile repair services.
b. Welding shop.
c. Mini -storage units
d. Marijuana retailing, subject to the provisions of DCC 18.116.330.
e. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
4. Expansion of a nonconforming use listed in section B, existing as of 11/05/02, the date
this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size
of the building as of said date, whichever is greater.
HISTORY
Amended by Ord. 96-023 §1 on 3/20/1996
Amended by Ord. 96-046 §1 on 7/3/1996
Amended by Ord. 97-015 §1 on 3/26/1997
Amended by Ord. 2002-019 §2 on 8/7/2002
Amended by Ord. 2006-008 §7 on 8/29/2006
Amended by Ord. 2008-008 §1 on 3/18/2008
Amended by Ord. 2015-004 §7 on 4/22/2015
Amended by Ord. 2016-015 §7 on 7/1/2016
Amended by Ord. 2020-017 §1 on 1/29/2021
Amended by Ord. 2022-014 §5 on x/x/2022
18.74.027 Uses Permitted; Pine Forest And Rosland
A. Uses Permitted Outright. Any use listed as a use permitted outright by DCC 18.74.020(A).
B. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are
permitted subject to the applicable provisions of this chapter and DCC 18.116 and 18.124:
Exhibit E to Ordinance No. 2022-014 Chapter 18.74 (11/22)
1. A building or buildings each not exceeding 2,500 square feet of floor space to be used by
any combination of the following uses that serve the surrounding rural area or the travel
needs of persons passing through the area:
a. Eating and drinking establishments.
b. Retail store, office and service establishments.
c. Marijuana wholesaling, office only. There shall be no storage of marijuana items
or products at the same location.
2. Expansion of a nonconforming use existing as of 11/05/2002 shall be limited to 2,500
square feet or 25 percent of the size of the building (or portion of the building) housing
the nonconforming use as of said date, whichever is greater.
3. A building or buildings each not exceeding 3,500 square feet of floor space to be used by
any combination of the following uses:
a. Sales of agricultural or farm products.
b. Farm machinery sales and repair.
c. Kennel or veterinary clinic.
d. Automobile service station, repair garage, towing service, fuel storage and fuel
sales.
e. Public or semi-public use.
f. Residential use in the same building as a use permitted in this chapter.
g•
Park or playground.
4. Expansion of a nonconforming use existing as of 11/05/2002 shall be limited to 3,500
square feet each or 25 percent of the size of the building (or portion of the building)
housing the nonconforming use as of said date, whichever is greater.
5. Child care facility and/or preschool.
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the
applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128:
1. A building or buildings each not exceeding 3,500 square feet of floor space to be used by
any of the following uses:
a. Home occupation as defined in DCC 18.04.
b. Utility facility.
c. Wireless telecommunications facilities, except those facilities meeting the
requirements of DCC 18.116.250(A) or (B).
d. Religious institutions or assemblies.
Exhibit E to Ordinance No. 2022-014 Chapter 18.74 (11/22)
e. School.
f. Marijuana retailing, subject to the provisions of DCC 18.116.330.
2. Recreational vehicle park.
3. Mini -storage facilities limited to 35,000 square feet in size.
4. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
HISTORY
Adopted by Ord. 2003-080 §1 on 1/6/2004
Amended by Ord. 2007-007 §1 on 3/5/2007
Amended by Ord. 2008-008 §1 on 3/18/2008
Amended by Ord. 2015-004 §7 on 4/22/2015
Amended by Ord. 2016-015 §7 on 7/1/2016
Amended by Ord. 2020-001 §9 on 4/21/2020
Amended by Ord. 2020-010 §5 on 7/3/2020
Amended by Ord. 2022-014 §5 on x/x/2022
Exhibit E to Ordinance No. 2022-014 Chapter 18.74 (11/22)
CHAPTER 18.100 RURAL INDUSTRIAL ZONE; R-I
18.100.020 Conditional Uses
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.
H. Pulp and paper manufacturing.
1 Any list. nt.rmittt.ri by flCC 1$ lfln f11f1 ‘ihirh is PxnPrtPrl to PxrPPrl the following ctanrlarrlc•
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.
Exhibit F to Ordinance No. 2022-014 Chapter 18.100 (11/22)
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. Psilocybin testing laboratories.
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Amended by Ord. 86-018 §15 on 6/30/1986
Amended by Ord. 90-014 §38 on 7/12/1990
Amended by Ord. 91-020 §1 on 5/29/1991
Amended by Ord. 91-038 §1 on 9/30/1991
Amended by Ord. 97-063 §3 on 11/12/1997
Amended by Ord. 2001-016 §2 on 3/28/2001
Amended by Ord. 2001-039 §12 on 12/12/2001
Amended by Ord. 2002-126 §1 on 12/11/2002
Amended by Ord. 2004-013 §10 on 9/21/2004
Amended by Ord. 2016-015 §8 on 7/1/2016
Amended by Ord. 2018-006 §12 on 11/20/2018
Amended by Ord. 2021-004 §5 on 5/27/2021
Amended by Ord. 2022-014 §6 on x/x/2022
Exhibit F to Ordinance No. 2022-014 Chapter 18.100 (11/22)
CHAPTER 18.108 URBAN UNINCORPORATED COMMUNITY ZONE; SUNRIVER
18.108.050 Commercial; C District
18.108.055 Town Center; TC District
18.108.050 Commercial; C District
A. Uses Permitted Outright. Any combination of the following uses and their accessory uses are
permitted outright in the C district.
1. Recreational path.
2. Ambulance service.
3. Library.
4. Religious institutions or assemblies.
5. Bus stop.
6. Community center.
7. A building or buildings each not exceeding 8,000 square feet of floor space housing any
combination of:
a. Retail/rental store, office and service establishment.
b. Art galleries
c. Dry cleaner and/or self-service laundry establishment.
d. Radio and television sales and service.
e. Radio and television broadcasting studios and facilities, except towers.
f. Restaurant, bar and cocktail lounge, including entertainment.
g. Automobile service station.
h. Technical and business school.
i. Catering establishment.
j•
Crafts in conjunction with retail sales (occurring on premises, such as stained
glass/pottery, etc.).
k. Medical and dental clinic, office and laboratory.
I. Theater not exceeding 4,000 square feet of floor area.
Exhibit G to Ordinance No. 2022-014 Chapter 18.108 (11/22)
m. Marijuana wholesaling, office only. There shall be no storage of marijuana items
or products at the same location.
8. Multiple -family residential dwelling units, subject to the provisions of DCC
18.108.050(C)(1).
9. Residential dwelling units constructed in the same building as a commercial use, subject
to the provisions of DCC 18.108.050(C)(2).
10. Post Office.
11. Administrative and office facility associated with a community association or community
use.
12. Police facility.
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 buildings and structures.
2. Club, lodge or fraternal organization.
3. Commercial off-street parking lot.
4. Bus passenger station.
5. Interval ownership and/or time-share unit or the creation thereof.
6. Miniature golf.
7. Bed and breakfast inn.
8. Inn.
9. Residential facility.
10. A building or buildings each not exceeding 8,000 square feet of floor space housing any
combination of:
a. Bowling alley.
b. Car wash.
c. Dancing or music school, nursery school, kindergarten and day-care facility.
d. Theater exceeding 4,000 square feet in floor area.
e. Veterinary clinic or kennel operated entirely within an enclosed building.
f. Automotive repair and maintenance garage, or tire store, provided the business
is wholly conducted within an enclosed building.
Marijuana retailing, subject to the provisions of DCC 18.116.330.
g•
Exhibit G to Ordinance No. 2022-014 Chapter 18.108 (11/22)
11. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
HISTORY
Repealed & Reenacted by Ord. 97-078 §2 on 12/31/1997
Amended by Ord. 98-016 §1 on 3/11/1998
Amended by Ord. 2003-026 §1 on 7/9/2003
Amended by Ord. 2015-004 §9 on 4/22/2015
Amended by Ord. 2016-015 §9 on 7/1/2016
Amended by Ord. 2020-001 §12 on 4/21/2020
Amended by Ord. 2022-014 §7 on x/xx/2022
18.108.055 Town Center; TC District
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright in
the TC District.
1. Park or plaza.
2. Library.
3. Community center.
4. Visitors center.
5. A building, or buildings each not exceeding 8,000 square feet of floor space, unless
approved as a Large Scale Use pursuant to DCC 18.108.055(C), including any of the
following uses:
a. Retail/rental store, office, civic and service establishment.
b. Grocery store.
c. Art gallery.
d. Restaurant, bakery, delicatessen, pub, cocktail lounge, including entertainment.
e. Health care service including medical and dental clinic, office, pharmacy, and
laboratory but excluding nursing homes.
f. Health & fitness facility.
g. Barber, beauty shop or spa.
h. Child care center, preschool and daycare facility.
i. Bank.
j. Post office.
k. Veterinary clinic (without animal boarding facilities).
Exhibit G to Ordinance No. 2022-014 Chapter 18.108 (11/22)
I. Crafts in conjunction with retail sales (occurring on premises such as sculpture,
stained glass, pottery, etc.).
m. Meeting room, convention and banquet facility.
n. Property sales, mortgage, management or rental office.
o. Movie theater.
6. Multi -family Residential, subject to paragraphs (E)(1) and (2).
7. Developed recreational facilities, outdoors or in a building or buildings each not
exceeding 8,000 square feet of floor space, unless approved as a Large Scale Use
pursuant to DCC 18.108.055(C), including, but not limited to the following facilities:
a. Indoor and outdoor swimming pools.
b. Ice skating rink.
c. Indoor and outdoor tennis courts.
d. Indoor and outdoor basketball court or other ball field.
e. Physical fitness facilities.
f. Park, playground and picnic and barbeque area.
g. Walkways, bike paths, jogging paths.
h. Bowling alley.
i. Arcade.
8. Hotel with up to 100 hotel units in a single building.
9. Mixed Use Structure, subject to the rules of DCC 18.108.055(E)(3) and a limit of 8,000
square feet of floor space for commercial uses listed in DCC 18.108.055(A)(5) or
recreational uses listed in DCC 18.108.055(A)(7), unless said uses are approved as large
scale uses pursuant to DCC 18.108.055(C).
10. Residential Facility.
11. Senior housing/assisted living or active adult development, excluding nursing homes.
12. Townhomes, subject to paragraphs (E)(1) and (2).
13. Accessory uses to uses permitted outright, including, but not limited to, parking
facilities, private roads, storage facilities, trash receptacles and recycling areas.
14. Similar uses to those allowed outright, provided they are approved by the County in the
decision approving the Conceptual Site Plan described in DCC 18.108.055(K).
15. Religious institutions or assemblies.
Exhibit G to Ordinance No. 2022-014 Chapter 18.108 (11/22)
B. Conditional Uses Permitted. The following conditional uses may be permitted pursuant to the
provisions of DCC 18.128, Conditional Use Permits.
1. Public buildings and public utility buildings and structures.
2. Bed and breakfast inn.
3. Ambulance service.
4. Fire station.
5. Police station.
6. Bus passenger station.
7. Live/work residence.
8. Stand-alone parking structure.
9. Accessory uses to the above -listed conditional uses.
10. Marijuana retailing, subject to the provisions of DCC 18.116.330.
11. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
HISTORY
Adopted by Ord. 2008-015 §2 on 6/30/2008
Amended by Ord. 2015-004 §9 on 4/22/2015
Amended by Ord, 2016-015 §q on ?/1 /2016
Amended by Ord. 2020-001 §12 on 4/21/2020
Amended by Ord. 2022-014 §7 on x/xx/2022
Exhibit G to Ordinance No. 2022-014 Chapter 18.108 (11/22)
CHAPTER 18.113 DESTINATION RESORTS ZONE; DR
18.113.030 Uses In Destination Resorts
18.113.030 Uses In Destination Resorts
The following uses are allowed, provided they are part of, and are intended to serve persons at, the
destination resort pursuant to DCC 18.113.030 and are approved in a final master plan:
A. Visitor -oriented accommodations designed to provide for the needs of visitors to the resort:
1. Overnight lodging, including lodges, hotels, motels, bed and breakfast facilities, time
share units and similar transient lodging facilities;
2. Convention and conference facilities and meeting rooms;
3. Retreat centers;
4. Restaurants, lounges and similar eating and drinking establishments; and
5. Other similar visitor -oriented accommodations consistent with the purposes of DCC
18.113 and Goal 8.
B. Developed recreational facilities designed to provide for the needs of visitors and residents of
the resort;
1. Golf courses and clubhouses;
2. Indoor and outdoor swimming pools;
3. Indoor and outdoor tennis courts;
4. Physical fitness facilities;
5. Equestrian facilities;
6. Wildlife observation shelters;
7. Walkways, bike paths, jogging paths, equestrian trails;
8. Other similar recreational facilities consistent with the purposes of DCC 18.113 and Goal
8.
C. Residential accommodations:
1. Single-family dwellings;
2. Duplexes, triplexes, fourplexes and multi -family dwellings;
3. Condominiums;
4. Townhouses;
Exhibit H to Ordinance No. 2022-014 Chapter 18.113 (11/22)
5. Living quarters for employees;
6. Time-share projects.
D. Commercial services and specialty shops designed to provide for the visitors to the resort:
1. Specialty shops, including but not limited to delis, clothing stores, bookstores, gift shops
and specialty food shops;
2. Barber shops/beauty salons;
3. Automobile service stations limited to fuel sales, incidental parts sales and minor
repairs;
4. Craft and art studios and galleries;
5. Real estate offices;
6. Convenience stores;
7. Psilocybin service centers licensed by the Oregon Health Authority;
78.Other similar commercial services which provide for the needs of resort visitors and are
consistent with the purposes of DCC 18.113 and Goal 8.
E. Uses permitted in open space areas generally include only those uses that, except as specified
herein, do not alter the existing or natural landscape of the proposed open space areas. No
improvements, development or other alteration of the natural or existing landscape shall be
allowed in open space areas, except as necessary for development of golf course fairways and
greens, hiking and bike trails, lakes and ponds and primitive picnic facilities including park
benches and picnic tables. Where farming activities would be consistent with identified
preexisting open space uses, irrigation equipment and associated pumping facilities shall be
allowed.
F. Facilities necessary for public safety and utility service within the destination resort.
G. Other similar uses permitted in the underlying zone consistent with the purposes of DCC
18.113.030.
H. Accessory Uses in Destination Resorts:
1. The following accessory uses shall be permitted provided they are ancillary to the
destination resort and consistent with the purposes of DCC 18.113 and Goal 8:
a. Transportation -related facilities excluding airports;
b. Emergency medical facilities;
c. Storage structures and areas;
d. Kennels as a service for resort visitors only;
e. Recycling and garbage collection facilities;
Exhibit H to Ordinance No. 2022-014 Chapter 18.113 (11/22)
f. A psilocybin product manufacturer licensed by the Oregon Health Authority, so
long as the use is in conjunction with a psilocybin service center;
f:g. Other similar accessory uses consistent with the purposes of DCC 18.113 and
Goal 8.
H ISTORY
Adopted by Ord. 92-004 §13 on 2/7/1992
Amended by Ord. 2022-014 §8 on x/x/2022
Exhibit H to Ordinance No. 2022-014 Chapter 18.113 (11/22)
CHAPTER 18.116 SUPPLEMENTARY PROVISIONS
18.116.380 Psilocybin Manufacturing, Service Centers, and Testing Laboratories
18.116.380 Psilocybin Manufacturing, Service Centers, and Testing Laboratories
A. Applicability. Section 18.116.380 applies to:
1. Psilocybin Manufacture as a Farm Use in the EFU, F-1, and F-2 zones.
2. Psilocybin Manufacture as a Processing Use in the EFU, F-1, and F-2 zones.
3. Psilocybin Service Centers in the EFU, RC, RSC, SUC, SUTC, TeC, and TuC zones.
4. Psilocybin Testing Laboratories in the RI and Tul zone.
B. Psilocybin Manufacture as a Farm Use. Psilocybin manufacture as a farm use shall be subject to
the following standards:
1. Indoor Fungi Cultivation. Psilocybin-producing fungi must be grown indoors. Fungi
cultivation is prohibited in any outdoor area.
2. Setbacks. Setback requirements shall be applied from the underlying zone.
3. Separation distances.
a. Psilocvbin manufacture as a farm use shall be located a minimum of 1,000 feet
from:
(1) A public elementary or secondary school for which attendance is
compulsory under ORS 339.020; or
(2) A private or parochial elementary or secondary school, teaching
children as described in ORS 339.030 (1)(a); and
b. Notwithstanding DCC 18.116.380(D)(3)(a), psilocybin manufacture as a farm use
may be located within 1,000 feet of a school if:
(1) The psilocybin service center is not located within 500 feet of:
i. A public elementary or secondary school for which attendance
is compulsory under ORS 339.020; or
ii. A private or parochial elementary or secondary school, teaching
children as described in ORS 339.030 (1)(a).
(2) The Oregon Health Authority determines that there is a physical or
geographic barrier capable of preventing children from traversing to the
premises of the psilocybin manufacture as a farm use.
Exhibit I to Ordinance No. 2022-014 Chapter 18.116 (11/22)
4. Prohibited Uses.
a. In the EFU zone, the following uses are prohibited:
(1) A new dwelling used in conjunction with a psilocybin-producing fungi
crop;
(2) A farm stand, as described in DCC 18.16.038(C), used in conjunction
with a psilocybin-producing fungi crop.
C. Psilocybin Manufacture as a Processing Use. Psilocybin manufacture as a processing use shall be
subject to the standards in DCC 18.16.025(1).
D. Psilocybin service centers. Psilocybin service centers shall be subject to the following standards:
1. Co -Location. The operation of a psilocybin service center may be carried on in
conjunction with a psilocybin-producing fungi crop in the Exclusive Farm Use zone
subject to either DCC 18.16.030(E) or 18.16.030(M).
2. Prohibited Uses.
a. In zones other than Exclusive Farm Use zone, a psilocybin service center as a
Home Occupation or Commercial Activity in Conjunction with Farm Use.
3. Separation distances.
a Pcilorvhin carvira rantarc chall ha Inratarl a minimum of 1 nnn fast from•
(1) A public elementary or secondary school for which attendance is
compulsory under ORS 339.020; or
(2) A private or parochial elementary or secondary school, teaching
children as described in ORS 339.030 (1)(a)
b. Notwithstanding DCC 18.116.380(D)(3)(a), a psilocybin service center may be
located within 1,000 feet of a school if:
(1) The psilocybin service center is not located within 500 feet of:
i. A public elementary or secondary school for which attendance
is compulsory under ORS 339.020; or
ii. A private or parochial elementary or secondary school, teaching
children as described in ORS 339.030 (1)(a); and
L2) The Oregon Health Authority determines that there is a physical or
geographic barrier capable of preventing children from traversing to the
premises of the psilocybin service center.
Exhibit I to Ordinance No. 2022-014 Chapter 18.116 (11/22)
4. Setbacks. Setback requirements shall be applied from the underlying zone.
5. Hours of Operation. Hours of operation shall be no earlier than 6:00 a.m. and no later
than 11:59 p.m. on the same day, unless a facilitator determines that it is appropriate to
continue an administration session beyond 11:59 PM local time, subject to the
requirements in OAR 333-333-5250(3).
HISTORY
Adopted by Ord. 2022-014 §9 on x/x/2022
Exhibit I to Ordinance No. 2022-014 Chapter 18.116 (11/22)
FINDINGS
I. PROPOSAL
This is a legislative text amendment to Deschutes County Code (DCC), Title 18, County Zoning. The
primary purpose of the amendments is to create time, place, and manner regulations concerning
psilocybin manufacturing, service centers, and testing laboratories. A brief summary of the
amendments are as follows:
• DCC 18.04.030: Adds new definitions for terms relating to psilocybin.
• DCC 18.65 Rural Service Center, 18.66 Terrebonne Rural Community, 18.67 Tumalo Rural
Community, 18.74 Rural Commercial, 18.108 Sunriver Urban Unincorporated Community:
Adds psilocybin service centers as a conditional use with site plan review
• DCC 18.113.030 Destination Resorts: Adds psilocybin service centers to allowable uses in
destination resorts
• DCC 18.67 Tumalo Rural Community, 18.100 Rural Industrial: Adds psilocybin testing
laboratories as a conditional use with site plan review
• DCC 18.116.380: Adds a new chapter creating time, place, and manner criteria for psilocybin
manufacture as farm use; psilocybin manufacture as a processing use; psilocybin service
centers.
II. BACKGROUND
On November 3, 2020, Oregon voters approved Ballot Measure 109, the Psilocybin Program
Initiative, which legalized psilocybin in Oregon subject to the criteria noted in the measure and
subsequent rulemaking.
Measure 109 automatically opts cities and counties into the psilocybin program, which first
underwent a two-year development period, and is slated to begin statewide on January 2, 2023.
However, Measure 109 offers the option for cities and counties to opt out via a ballot measure in
the next general election —in this case, November 8, 2022.
On June 1, 2022, staff provided the Board of County Commissioners (Board) with an overview of
Measure 109.1 During the discussion, staff noted the compressed timeline: Oregon Health Authority
(OHA), which administers the program and the licensing system, was engaged in rulemaking
1 https://www.deschutes.org/bcc/page/board-commissioners-meeting
Page 1 of 8 - EXHIBIT J TO ORDINANCE NO. 2022-014
throughout late 2021 and all of 2022, with completion anticipated by December 2022, yet OHA is
due to begin accepting applications for licenses on January 2, 2023. OHA licenses will require a Land
Use Compatibility Statement (LUCS) to be issued by the County. This timeline placed the Board —as
well as the industry and the public —in a difficult position of not knowing key aspects of the program
in advance of the program beginning.
On July 13, 2022, the Board of County Commissioners conducted an afternoon and evening hearing
to consider Ordinance No. 2022-009, Referring a Measure to the Electors to Prohibit Product
Manufacturers and Psilocybin Service Center Operators within Unincorporated Deschutes County.2
The Board deliberated on the matter on July 20 and adopted a first reading of Ordinance No. 2022-
009; second reading occurred on August 8. The opt -out measure was subject to Deschutes County
voters for the November 8, 2022 General Election, at which time the voters overturned the opt out.
Measure 109—and the corresponding Oregon Revised Statute 475A.530—allows cities and counties
to adopt "reasonable regulations" for time, place, and manner (TPM) concerning psilocybin
businesses. During deliberation the Board expressed interest in developing TPM amendments in
the event voters reject prohibiting psilocybin manufacturing and psilocybin service centers in the
unincorporated county. Amendments could be adopted by the end of the calendar year, prior to
the Oregon Health Authority (OHA) accepting applications for licensure on January 2, 2023. On July
27, the Board directed staff to begin the TPM process.'
Measure 109 provides no direction as to reasonable time, place, and manner restrictions. It is
difficult for staff to estimate impacts from a transportation and land use standpoint without real
�ninYlri PYampIPC of pcilnryhin prndiirtinn, prnreccing, and cervirP rPntPrc that the Rnard ran
consider. Ultimately, in order for regulations to be "reasonable," such regulations must be necessary
to protect public health, safety and welfare. Erring on the side of more restrictive TPM regulations
is defensible because the range and extent of potential impacts of psilocybin production, processing
and service centers cannot be defined —and therefore analyzed to determine compliance with
statewide planning goals or Comprehensive Plan policies —at this stage.
III. REVIEW CRITERIA
Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative text
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.
IV. FINDINGS
CHAPTER 22.12, LEGISLATIVE PROCEDURES
Section 22.12.010.
2 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-63
3 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-65
Page 2 of 8 - EXHIBIT 1 TO ORDINANCE NO. 2022-014
Hearing Required
FINDING: This criterion will be met because a public hearing was held before the Deschutes
County Planning Commission and Board of County Commissioners.
Section 22.12.020, Notice
Notice
A. Published Notice
1. Notice of a legislative change shall be published in a newspaper of general
circulation in the county at least 10 days prior to each public hearing.
2. The notice shall state the time and place of the hearing and contain a statement
describing the general subject matter of the ordinance under consideration.
FINDING: This criterion will be met as notice was published in the Bend Bulletin newspaper for the
Planning Commission public hearing, and the Board of County Commissioners' public hearing.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and
where necessary to comply with ORS 203.045.
FINDING: Posted notice was determined by the Planning Director not to be necessary.
C. Individual notice. Individual notice to property owners, as defined in DCC
22.08.010(A), shall be provided at the discretion of the Planning Director, except as
required by ORS 215.503.
FINDING: Given the proposed legislative amendments do not apply to any specific property, no
individual notices were sent.
D. Media notice. Copies of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County.
FINDING: Notice was provided to the County public information official for wider media
distribution. This criterion is met.
Section 22.12.030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon payment of
required fees as well as by the Board of County Commissioners.
FINDING: The application was initiated by the Deschutes County Planning Division at the direction
of the Board of County Commissioners, and has received a fee waiver. This criterion is met.
Page 3 of 8 - EXHIBIT 1 TO ORDINANCE NO. 2022-014
Section 22.12.040. Hearings Body
A. The following shall serve as hearings or review body for legislative changes in this
order:
1. The Planning Commission.
2. The Board of County Commissioners.
B. Any legislative change initiated by the Board of County Commissioners shall be
reviewed by the Planning Commission prior to action being taken by the Board of
Commissioners.
FINDING: The Deschutes County Planning Commission held the initial public hearing on September
29 and October 13, 2022. The Board then held a public hearing on November 21. These criteria are
met.
Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: The proposed legislative changes will be implemented by Ordinance No. 2022-014 upon
approval and adoption by the Board of County Commissioners. This criterion will be met.
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 each 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 August 25, 2021. The Planning Commission held a public
hearing on September 29, 2022 and the Board of County Commissioners held a public hearing on
November 21, 2022. This Findings document provides the adequate factual basis for the
amendments.
Goal 3: Agricultural Lands: Measure 109 and the corresponding Oregon Revised Statute 475A.570(2)
specify that psilocybin-producing fungi is:
(a) A crop for the purposes of "farm use" as defined in ORS 215.203;
(b) A crop for purposes of a "farm" and "farming practice," both as defined in ORS 30.930;
(c) A product of farm use as described in ORS 308A.062; and
(d) The product of an agricultural activity for purposes of ORS 568.909.
Page 4 of 8 - EXHIBIT J TO ORDINANCE NO. 2022-014
The statute clearly permits the production of psilocybin-producing fungi in Exclusive Farm Use
zones. DCC 18.16.025 allows small-scale processing of farm crops, provided that the facility uses
less than 10,000 square feet for its processing area and complies with all applicable siting standards.
Processing facilities smaller than 2,500 square feet are exempt from any applicable siting standards.
ORS 475A.570(2) prohibits psilocybin-related farm dwellings and psilocybin-related farm stands.
ORS 475A.570(3) states "The operation of a psilocybin service center may be carried on in
conjunction with a psilocybin-producing fungi crop." The interpretation of this statute by the
Department of Land Conservation and Development (DLCD) is that psilocybin service centers would
not be a stand-alone use on EFU but could potentially be permitted either as a commercial activity
in conjunction with farm use or as a home occupation. 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: ORS 475A.570(4) states "A county may allow the manufacture of psilocybin
products as a farm use on land zoned for farm or forest use in the same manner as the manufacture
of psilocybin products is allowed in exclusive farm use zones under this section and ORS 215.213,
215.283 and 475C.053." The proposed amendments are consistent with these provisions of state
law and are therefore consistent with Goal 4.
Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources: Goal 5 is to protect natural
resources and conserve scenic and historical areas and open spaces. OAR 660-023-0250(3) states
that local governments are not required to apply Goal 5 in consideration of a PAPA unless the PAPA
affects a Goal 5 resource. The proposed text amendments do not create or amend a resource list
nr any nnrtinn of the County's acknowledged Comprehensive Plan or land use regulations adopted
to protect a significant Goal 5 resource or to address specific requirements of Goal 5. The proposed
text amendments do not allow new uses that could be conflicting uses with a particular significant
Goal 5 resource site on an acknowledged resource list because the County's LM and WA overlay
zones are not changed in these proposed amendments. More specifically, the amendments are not
subject to a Goal 5 analysis because:
• Psilocybin manufacturing is considered a farm crop/farm use/farming practice per ORS
475A.570
• The areas in which service centers are proposed (retail/commercial zones) are not subject to
the current WA combining zone
• Service centers on EFU land could be allowed not as new conflicting, stand-alone uses that
would require a Goal 5 analysis, but under existing uses within EFU (home occupations/
commercial activity in conjunction with farm use)
• Concerning service centers in destination resorts, the process for establishing and regulating
destination resorts with respect to Goal 5 wildlife resources is dictated by specific code
provisions. Destination resorts are regulated by DCC Chapter 18.113, which establishes a
mechanism for siting destination resorts, including an eligibility map and approval criteria
that requires any negative impact on fish and wildlife resources to be completely mitigated,
Page 5 of 8 - EXHIBIT J TO ORDINANCE NO. 2022-014
requiring that there be no net loss or net degradation of the resource. Destination resorts
are subject to final master plan requirements that evaluate and address acknowledged Goal
5 resources in the Comprehensive Plan at the time of application. Because of this established
process and criteria, staff finds that destination resorts do not qualify as a conflicting use for
the purpose of these amendments.
For these reasons, the proposed text amendments are in compliance with Goal 5.
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. The text
amendments will not impact the quality of the air, water, and land resources of the County given
the fact that psilocybin farm use is required to take place fully indoors, is not odorous and is not a
water -intensive use. Psilocybin service centers are proposed to be primarily limited to commercially -
zoned areas and therefore will not impact the quality of land resources; for those service centers
that potentially could be allowed as a commercial activity in conjunction with farm use or a home
occupation, they will be subject to those criteria, respectively. For these reasons, the proposed text
amendments 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: The text amendments do not propose to change the County's Plan or
implementing regulations regarding recreational needs; therefore, they are in cnmpliancp.
Goal 9: Economic Development: Goal 9 and its implementing regulations focus on economic analysis
and economic development planning required in urban Comprehensive Plans to ensure there is
adequate land available to realize economic growth and development opportunities. The proposed
amendments apply to rural lands and do not propose to amend the Comprehensive Plan. The
proposed text amendments will encourage economic development in the County as they will
provide new business and economic development opportunities. Because these new businesses
will be taxed, the public will benefit as well. For these reasons, the proposed text amendments are
in compliance 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: Goal 12 is to provide and encourage a safe, convenient and economic
transportation system. The proposed text amendments will not change the functional classification
of any existing or planned transportation facility or standards implementing a functional
classification system. The proposed text amendments will not allow any new uses expected to result
Page 6 of 8 - EXHIBIT J TO ORDINANCE NO. 2022-014
in transportation system impacts that differ in degree or severity from other allowed or allowable
uses in the zones in which psilocybin manufacture and/or psilocybin service centers could be sited.
Goal 13: Energy Conservation: The proposed text amendments do not propose to change the
County's Plan or implementing regulations regarding energy conservation. Therefore, compliance
with Goal 13 is established.
Goal 14: Urbanization: The proposed text amendments do not propose to change the County's Plan
or implementing regulations regarding urbanization. Therefore, compliance with Goal 14 is
established.
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 will be discussed at work sessions with the Board of County Commissioners, as well as
to the Planning Commission, which is the County's official committee for public involvement. Both
will conduct separate public hearings.
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."
As noted above, Measure 109 and the corresponding Oregon Revised Statute 475A.570(2) specify
that psilocybin-producing fungi is:
(a) A crop for the purposes of "farm use" as defined in ORS 215.203;
(b) A crop for purposes of a "farm" and "farming practice," both as defined in ORS 30.930;
(c) A product of farm use as described in ORS 308A.062; and
(d) The product of an agricultural activity for purposes of ORS 568.909.
Page 7 of 8 - EXHIBIT J TO ORDINANCE NO. 2022-014
The statute clearly permits the production of psilocybin-producing fungi in Exclusive Farm Use
zones as well as in other zones that allow farm or forest use (ORS 475A.570(4)). DCC 18.16.025 allows
small-scale processing of farm crops, provided that the facility uses less than 10,000 square feet for
its processing area and complies with all applicable siting standards. Processing facilities smaller
than 2,500 square feet are exempt from any applicable siting standards. The proposed text
amendments allow a new state -recognized agricultural use on agricultural lands.
Section 2.2 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 value-added projects. The proposed text amendments allow a new state -recognized
agricultural use on agricultural lands, thereby satisfying this goal.
Section 2.2 Goal 3 specifies the Exclusive Farm Use (EFU) policies, classifications, and codes are
consistent with local and emerging agricultural conditions and markets. The proposed amendments
are a direct response to changes in state law, which pursuant to Measure 109, recognize psilocybin-
producing fungi as a farm crop. Resource lands devoted to agricultural use in Deschutes County will
thereby permit the production of psilocybin-producing fungi, ensuring consistency between local
code, emerging markets, and state law.
Section 2.3, Forest Lands Policies, states that Goal 1 is to "preserve and maintain forest lands for
multiple uses, including forest products, watershed protection, conservation, recreation and wildlife
habitat protection." Policy 2.3.5 calls for uses allowed in Forest zones to comply with state statute
and Oregon Administrative Rule. As noted above, ORS 475A.570(4) states "A county may allow the
manufacture of psilocybin products as a farm use on land zoned for farm or forest use in the same
manner as the manufacture of psilocybin products is allowed in exclusive farm use zones under this
section and ORS 215.213, 215.283 and 475C.053." The amendments allow psilocybin manufacturing
in forest zones pursuant to this law.
Page 8 of 8 - EXHIBIT J TO ORDINANCE NO. 2022-014
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: December 14, 2022
SUBJECT: 2023 Arts & Culture Grant Review
RECOMMENDED MOTION:
N/A
BACKGROUND AND POLICY IMPLICATIONS:
During the FY 2023 Video Lottery Fund allocation process, the Board of Commissioners set
aside $25,000 to fund the Arts & Culture grant program dedicated to supporting art and
cultural initiatives in Deschutes County.
Through this program, grants are offered to local non-profit organizations that 1) seek to
increase arts and culture opportunities in Deschutes County; 2) make arts and culture
education available to Deschutes County residents; and/or 3) contribute to the local
economy.
A total of 16 applications were submitted in response to the 2023 solicitation and all
funding requests total $64,450. During the December 14 board meeting, the Board will
evaluate the requests and determine awards.
BUDGET IMPACTS:
Arts & Culture grants are made available through the Video Lottery Fund, which is
supported by state lottery proceeds. These grant funds were budgeted for FY 2022-2023.
ATTENDANCE:
Stephanie Robinson, Administrative Analyst
SHAPING OUR FUTURE
November 30, 2022
To: Deschutes County Commission
From: Envision Bend
Re: Request for Additional Funding to Support Bend Vision Project
Envision Bend is excited to provide the Deschutes County Commission with an update on the Bend
Vision Project and request additional funds to complete this important work to create a long-range
vision for the greater Bend area. We are extremely grateful for the support the commission already has
provided for this inclusive community initiative which will have a tremendous impact on the future of
Bend and Deschutes County.
Since Envision Bend's presentation to the County Commission back in April 2022 we have made great
strides with the vision project. By January 2023 we will have completed the third phase of this five -phase
project. The first three phases have included broad communication and outreach efforts to encourage
participation in the project, and the implementation of a variety of methods to collect feedback about
our future from the community including individual interviews, booths at community events, workshops
and focus groups, and a community -wide survey. Here are some highlights from our work so far:
■ Envision Bend conducted 68 individual interviews with community leaders and connectors to
identify key issues and ideas for the future of the region
■ We completed an Environmental Scan & Trend Report (attached) that identifies the national,
regional and local issues that are likely to affect and shape the future of our community. We will
continue to update this report with new information until the conclusion of the project. A
substantial amount of information in this report should be quite useful to the County.
■ Produced a Snapshot Report (attached) of our findings through the initial stages of community
input.
■ Conducted seven public workshops and are conducting another fourteen focus groups to gather
ideas and perspectives from communities of interest, including rural residents, Latinos, teachers,
healthcare workers, college students, people experiencing food insecurity, members of the
LGBTQ+ community and so on. (The final focus groups are being held in the first couple weeks of
December.)
■ Completed a community -wide survey between July -October in which 2,045 individuals
participated. Of the survey participants, 16.4% of participants indicated they lived outside the
city of Bend in Deschutes County while 79.8% said they were city residents.
o We plan to analyze the data in many ways including breaking down the data from
participants who live outside the city limits. Envision Bend will be sharing the information
with the County when it is available in the coming months but in the meantime we can
share with you that county residents indicated that their biggest concern about the
possible impacts of rapid growth are traffic congestion (83.3%), rising housing costs
(65.5%), and loss of "small town" friendliness (64.9%); and that county residents consider
increased wildfire risks (81%), increased demands for water (77.1%), and ongoing drought
(72.3%) as the biggest challenges to resilience in the greater Bend area.
o The overall demographics from the survey, while not exactly matching our community,
showed very broad and diverse community participation including input from the
houseless population representing 2% of survey responses; and participation by minority
groups also very closely reflecting our community population, including 7.7% of responses
from the Latino community.
In the coming six weeks our consultants will be analyzing all the input and data we have received,
determining the resulting focus areas for the vision, crafting the Core Community Values statements and
then developing the long-term, generational Vision Statement which will serve as our road map to our
best collective future.
On Tuesday, February 7, 2023 Envision Bend will hold a Community Summit at Central Oregon
Community College in the evening to unveil the vision statement to the community and seek feedback
on some of the ideas for action planning. (Please block your calendar now for this event, with more
information to be shared in January.) Following the summit, we will assemble volunteer vision action
teams made up of 12-15 volunteers drawn from across the greater Bend area to work by focus area with
our consultants to draft the first five-year Vision Action Plan for the vision statement. We expect the
vision action plan to be completed by May, at which point we will enter the final phase of the project
where we seek broad community adoption and endorsement of the vision to guide our community's
future.
We estimate the project will be completed by June 2023, representing an 18-month endeavor to gather
deep and robust feedback from all segments of the greater Bend community to define the future we
want for the greater Bend area.
To date Envision Bend has secured slightly more than $300,000 from 22 partners to fund this project
which will cost about $350,000 to complete. Those sources include $130,000 from the City of Bend and
the $25,000 that Deschutes County has provided for the project to -date. Envision Bend is requesting an
additional $25,000 from the County to complete this project which is in keeping with our original
funding request of $50,000 from Deschutes County to support this broad community initiative.
Our project has been coordinated to align with, inform, and support City and County planning efforts. It
is not a replacement for a comprehensive land use plan or community plan. As a reminder, our intent is
not to repeat, replicate or compete with other important planning initiatives or projects already in the
works. Rather, the Bend Vision Project will complement and accentuate information that can inform
policy -making and other planning efforts. Envision Bend will continue to communicate and collaborate
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\f1%hen th Bend Vision Project it completed Envision Bend ...ill take on a number o activities 4- help
v IIC.Ii LIIL. OJL.Inid W1JflJ11 Project is L.LJIIIVIL:LCiJ L.IIVI3IlJII LJClll.1 Will take i/11 Q IIU11IIJCI 1J1 C4LLINICK.) 1.V IICIiJ
ensure our community's vision is achieved over time. First and foremost, we will serve as a facilitator
and convenor to help ensure project implementation by lead partners who agree to take on initiatives
identified in the vision — partners such as local governmental entities, businesses and community
groups. We also plan to establish and monitor a set of "community indicators" in the plan which are
generalized measures of progress that will tell us if and how our community is changing for the better.
(65.5%), and loss of "small town" friendliness (64.9%); and that county residents consider
increased wildfire risks (81%), increased demands for water (77.1%), and ongoing drought
(72.3%) as the biggest challenges to resilience in the greater Bend area.
o The overall demographics from the survey, while not exactly matching our community,
showed very broad and diverse community participation including input from the
houseless population representing 2% of survey responses; and participation by minority
groups also very closely reflecting our community population, including 7.7% of responses
from the Latino community.
In the coming six weeks our consultants will be analyzing all the input and data we have received,
determining the resulting focus areas for the vision, crafting the Core Community Values statements and
then developing the long-term, generational Vision Statement which will serve as our road map to our
best collective future.
On Tuesday, February 7, 2023 Envision Bend will hold a Community Summit at Central Oregon
Community College in the evening to unveil the vision statement to the community and seek feedback
on some of the ideas for action planning. (Please block your calendar now for this event, with more
information to be shared in January.) Following the summit, we will assemble volunteer vision action
teams made up of 12-15 volunteers drawn from across the greater Bend area to work by focus area with
our consultants to draft the first five-year Vision Action Plan for the vision statement. We expect the
vision action plan to be completed by May, at which point we will enter the final phase of the project
where we seek broad community adoption and endorsement of the vision to guide our community's
future.
We estimate the project will be completed by June 2023, representing an 18-month endeavor to gather
feedback from
_n segments of to define future and robust all the greater Bend community the we
want for the greater Bend area.
To date Envision Bend has secured slightly more than $300,000 from 22 partners to fund this project
which will cost about $350,000 to complete. Those sources include $130,000 from the City of Bend and
the $25,000 that Deschutes County has provided for the project to -date. Envision Bend is requesting an
additional $25,000 from the County to complete this project which is in keeping with our original
funding request of $50,000 from Deschutes County to support this broad community initiative.
Our project has been coordinated to align with, inform, and support City and County planning efforts. It
is not a replacement for a comprehensive land use plan or community plan. As a reminder, our intent is
not to repeat, replicate or compete with other important planning initiatives or projects already in the
works. Rather, the Bend Vision Project will complement and accentuate information that can inform
policy -making and other planning efforts. Envision Bend will continue to communicate and collaborate
with County staff about this project to ensure it accentuates the County's Comprehensive Plan update.
When the Bend Vision Project is completed Envision Bend will take on a number of activities to help
ensure our community's vision is achieved over time. First and foremost, we will serve as a facilitator
and convenor to help ensure project implementation by lead partners who agree to take on initiatives
identified in the vision — partners such as local governmental entities, businesses and community
groups. We also plan to establish and monitor a set of "community indicators" in the plan which are
generalized measures of progress that will tell us if and how our community is changing for the better.
Finally, we will continue to serve as an ongoing voice and platform for community members to discuss
and take action on topics of vital interest to our future. Once significant progress has been made on the
first 5-year action plan Envision Bend will work with the community to update the next action plan for
the vision.
Thank you for your consideration and ongoing support.
Cc: Nick Lelack, Deschutes County Administrator
BOARD OF
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
9:00 AM, WEDNESDAY, DECEMBER 14, 2022
Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend
(541) 388-6570 I www.deschutes.org
AGENDA
MEETING FORMAT: In accordance with Oregon state law, this meeting is open to the public and
can be accessed and attended in person or remotely, with the exception of any executive session.
Members of the public may view the meeting in real time via the public meeting portal at
www.deschutes.org/meetings. To view the meeting via Zoom, see below.
Citizen Input: The public may comment on any meeting topic that is not on the current agenda. To
provide citizen input, submit an email to citizeninput@deschutes.org or leave a voice message at
541-385-1734. Citizen input received by noon on Tuesday will be included in the meeting record for
topics that are not on the Wednesday agenda.
If in -person comment from the public is allowed at the meeting, public comment will also be allowed
via computer, phone or other virtual means.
Zoom Meeting Information: This meeting may be accessed via Zoom using a phone or
computer.
• To join the meeting via Zoom from a computer, copy and paste this link: bit.Iy/3h3ogdD.
• To join by phone, call 253-215-8782 and enter webinar ID # 899 4635 9970 followed by the
passcode 013510.
• If joining by a browser, use the raise hand icon to indicate you would like to provide public
comment, if and when allowed. If using a phone, press *6 to indicate you would like to
speak and *9 to unmute yourself when you are called on.
41)
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, call (541) 388-6572 or
email brenda.fritsvold@deschutes.org.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
CITIZEN INPUT: Citizen Input may be provided as comment on any topic that is not on the
agenda.
Note: In addition to the option of providing in -person comments at the meeting, citizen input comments
may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. To be
timely, citizen input must be received by noon on Tuesday in order to be included in the meeting record.
CONSENT AGENDA
1. Consideration of Resolution No. 2022-080 Increasing Appropriations within the Health
Services Fund and the 2022-23 Deschutes County Budget
2. Consideration of Board Signature on letters reappointing Melanie Butler and Brenda
Collette to the Deschutes River Recreation Homesites Special Road District #8
3. Consideration of Board Signature on letter reappointing Megan Tucker for service on the
Two Rivers Special Road District.
4. Consideration of Board Signature on letter reappointing Debra Grinols for service on the
Deschutes County Ponderosa Pines East Special Road District.
5. Consideration of Board Signature on letter appointing Tina Ward for service on the Fail
River Estates Special Road District.
6. Approval of the Minutes of the November 21, 28 and 30, 2022 BOCC Meetings
ACTION ITEMS
7. 9:05AM Consideration of Ordinance No. 2022-012, Enacting Section 2.04.052 of the
Deschutes County Code (DCC) to change the mode of selection of
Commissioner positions from partisan to non -partisan
8. 9:15AM Second Reading of Ordinance 2022-011, amending the Comprehensive Plan
and approving a Zone change for property totaling approximately 19.12
acres along Highway 97 - LBNW LLC Plan Amendment / Zone Change
9. 9:20AM Second Reading of Ordinance 2022-013, amending the Comprehensive Plan
and approving a zone change for property totaling approximately 710 acres
to the west of Terrebonne and north of Highway 126
10. 9:25AM Consideration of Board approval of Document #2022-981, accepting a grant
from PacificSource for Behavioral Health Workforce Diversity
December 14, 2022
BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3
11. 9:30AM STIF and 5310 Grant Funding Allocations (Transit)
12. 10:OOAM Consideration of Chair Signature of Document No. 2022-834, a Notice of
Intent to Award Contract for the Hunnell Rd: Loco Rd to Tumalo Rd Project
13. 10:15AM Work Session for the Road Name Assignment of McClain Drive
14. 10:25AM Deliberations - Psilocybin TPM Amendments
15. 11:25AM 2023 Arts & Culture Grant Review
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
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.
ADJOURN
December 14, 2022
BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3
Angie Powers
From: Evelyn Moser <evelynmoser@outiook.com>
Sent: Wednesday, December 7, 2022 1:10 PM
To: citizeninput
Subject Worrell Park
Some people who received this message don't often get email from evelynmoser@outlook.com♦ Learn why this is important
[EXTERNAL EMAI-L]
Sent from Mail for Windows
Deschutes County Commissioners:
Please reconsider paving over Worrell Park. It would be better for the City of Bend and the County to keep as,
much natural land as possible. in addition, we need to consider that black top absorbs heat in the summer in an already
hot land.
Thank you;
Evelyn Moser
evelynmoser@yahoo.com
Angie Powers
From: Linda Burk <burksinbend@gmail.com>
Sent Wednesday, December 7, 2022 10:37 AM
To: citizeninput
Subject: Worrell park
[Some people who received this message don't often get email from burksinbend@gmail.com. Learn why this is
important at https://aka.ms/LearnAboutSenderldentification
[EXTERNAL EMAIL]
Do not destroy this very unique spot in Bend. Parking surely can be found elsewhere (if it is even needed). This would be
a travesty of the first order!
Sent from my iPhone