2023-115-Minutes for Meeting March 08,2023 Recorded 4/3/2023Recorded in Deschutes County CJ2023-115
Steve Dennison, County Clerk
Commissioners' Journal 04/03/2023 10:21:02 AM
2023-115
Do not remove this page from original document.
Deschutes County Clerk
Certificate Page
i\)I E 5 COG2� BOARD OF
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
9:00 AM, WEDNESDAY, MARCH 8, 2023
Barnes Sawyer Rooms - Deschutes Services Building - 1300 NW Wall St - Bend
(541) 388-6570 1 www.deschutes.org
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 topic that is not on the current agenda. Comments
and testimony regarding public hearings are allowed at the time of the public hearing. Alternatively,
comments may be submitted on any topic at any time by emailing citizeninput@deschutes.org or
leaving a voice message at 541-385-1734.
When 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 from a computer, copy and paste this link: bit.ly/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.
Deschutes County encourages persons with disabilities to participate in all
programs and activities. This event/location is accessible to people with disabilities.
oilIf 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 comments may
be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734.
CONSENT AGENDA
Consideration of approval of Board Order No. 2023-010 for a Road and Access
Easement over County -owned property near Eagle Road in Bend
2. Consideration of Board Signature on letters reappointing Gordon Foster, Oliver Tatom
and Nick Ahnen to the Deschutes County Project Wildfire Steering Committee and letter
of thanks to Jessica LaBerge for her service on the Committee
3. Approval of Minutes of the February 24 2023 BOCC Legislative Update Meeting
4. Approval of the February 15, 2023 BOCC meeting minutes
ACTION ITEMS
5. 9:10 AM Proclamation: American Red Cross Month
6. 9:15 AM Deschutes County property associated with DSL land exchange
7. 9:45 AM Annual Update from Economic Development for Central Oregon
8. 10:15 AM Notice of Intent to Award a contract for the Deschutes Market Rd/Hamehook
Rd Intersection Improvement Project
9. 10:25 AM Deliberations regarding a commercial activity in conjunction with farm use
(meadery) in the Exclusive Farm Use zone on Highway 97 near Sisters
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.
A. Multi -Agency Coordination (MAC) Update
March 8, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3
B. Safe Parking Support Services Update
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.
10. Executive Session under ORS 192.660 (2) (d) Labor Negotiations
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March 8, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3
vZ ES COG2<
BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
9:00 AM
WEDNESDAY March 8, 2023
FOR RECORDING STAMP ONLY
Barnes Sawyer Rooms
Live Streamed Video
Present were Commissioners Anthony DeBone, Patti Adair 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 DeBone called the meeting to order at 9:00 a.m.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT:
• Ron Boozell shared his growing concern related to small propane bottles, many of
which are donated to homeless persons. He reported that two people were gravely hurt
recently when a can exploded as they were trying to refill it.
• Paul Eveson was concerned about possible negative impacts from siting a homeless
camp near Murphy Road and 97, and asked to know about any community outreach
that was done on this proposal.
CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda.
ADAIR: Move Board approval of Consent Agenda
CHANG: Second
BOCC MEETING MARCH 8, 2023 PAGE 1 OF 10
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
1. Consideration of approval of Board Order No. 2023-010 for a Road and Access
Easement over County -owned property near Eagle Road in Bend
2. Consideration of Board Signature on letters reappointing Gordon Foster, Oliver
Tatom and Nick Ahnen to the Deschutes County Project Wildfire Steering
Committee and letter of thanks to Jessica LaBerge for her service on the
Committee
3. Approval of Minutes of the February 24 2023 BOCC Legislative Update Meeting
4. Approval of the February 15, 2023 BOCC meeting minutes
ACTION ITEMS:
5. Proclamation: American Red Cross Month
The Commissioners read the proclamation into the record.
ADAIR: Move to declare March "American Red Cross Month"
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
Morgan Schmidt, executive director for the Central Oregon Chapter of the
American Red Cross, accepted the proclamation.
6. Deschutes County property associated with DSL land exchange
Deputy County Administrator Erik Kropp said in order to move forward with a
planned land swap with the Department of State Lands (DSL), Deschutes County is
required to address the dispersed camping which is occurring on the County's land.
Before the encampments are cleared, staff recommends identifying County -owned
land close to the 137-acre parcel involved in the DSL land swap that can be used for
relocating camps in a supported environment. If approved, staff would develop an
BOCC MEETING MARCH 8, 2023 PAGE 2 OF 10
RFP or RFQ to select a service provider to offer basic amenities such as access to
drinking water, portable restrooms, and waste disposal containers and pickup. The
County might further provide funds to relocate campers or to offer short-term or
transitional housing. To aid discussion, Kropp presented a map which depicted the
137-acre parcel along with other nearby properties owned by the County.
Responding to Commissioner Adair, Property Manager Kristie Bollinger confirmed
that the 60 acres to the north are outside of Redmond's city limits. The County is
aware of encampments there but how many exist is unknown. Bollinger said it's
estimated that at least 100 encampments are on the 137-acre parcel involved in the
proposed land swap.
Discussion ensued on how to determine the number of encampments on each of
the various properties. Commissioner Chang favored conducting a person -by -
person needs assessment in conjunction with a population count.
Cheyenne Purrington, Director of Houseless Strategies and Solutions, said up to 100
safe parking spaces might be established on the "flex space" property adjacent to
Oasis Village. These could potentially accommodate 150 people.
Commissioner DeBone referred to a proposal to close one access point to this
property and allow utilities to be extended across 126. The Board was in consensus
tr% nmrt1.nor %Alit11h t1.ho rity of Rarlmnnrl anal or)nT to arrmmnlicIrl—h t1.hic11-
Commissioner Adair suggested relocating displaced campers to the 45-acre
property west of the CORE3 development, and continue working on the Oasis
Village project and adjacent flex space for safe parking.
Commissioner DeBone commented on a possible lease of 12 acres from the County
to the City. Kropp said staff will ask that the City submit a request in writing.
Commissioner Chang asked about the purpose of a lease and which party would
cover the cost of operations at Oasis Village.
Commissioner Adair noted the Oasis Village site is accessible by public
transportation and surrounded by County -owned property. She said this location is
the best the County has to offer at this time. Commissioner Chang said persons who
are transitioning out of homelessness need to be closer to jobs.
Bollinger estimated it would cost $7,000 to $10,000 and take four to five weeks to
have a survey firm delineate and mark the boundaries of the various County -owned
properties shown on the map which have not been recently surveyed.
BOCC MEETING MARCH 8, 2023 PAGE 3 OF 10
Commissioner Chang asked if the County would assume any legal liability in
authorizing campers to relocate to a specified County -owned site. Assistant Legal
Counsel Kim Riley advised the liability exposure would increase if campers were
directed to a particular parcel.
Commissioner Chang did not support moving campers to another unmanaged
location but rather preferred proceeding as quickly as possible to offer authorized,
managed, serviced locations.
In response to a question from Commissioner Adair, Gwenn Wysling, Executive
Director of Bethlehem Inn, confirmed that the Redmond facility has 88 beds total
and is 50% full at present.
Purrington said barriers to congregate shelter include background checks or
reluctance by some homeless persons to leave personal belongings behind.
Commissioner Chang pointed to Medford Urban Campground #1 as a good
example of a managed site which serves 100 people. He commented on the site's
screening and rules, said multiple service providers are available throughout the
day, and shared that both the Chief of Police and Fire Chief agree that the
campground has made Medford safer.
Commissioners DeBone and Adair supported utilizing the County -owned property
comprised of about 45 acres within the city limits of Redmond for relocating
persons displaced from the property which is planned to be exchanged with the
DSL.
7. Annual Update from Economic Development for Central Oregon
Stephanie Robinson, Administrative Analyst, introduced EDCO CEO Jon Stark, REDI
Director Steve Curley, and Eric Strobel from Sisters EDCO.
Stark described EDCO's role and mission, its team, and the work it is doing to
enhance employment recovery and growth. He said the organization received
$279,450 in video lottery funds last year and is requesting $306,085 this year to
continue delivering services that benefit trade -sector employers.
Eric Strobel reported on industrial space being developed in Sisters as well as other
planned business expansions. He said persistent concerns include the cost and
availability of childcare and housing. Steve Curley said the Redmond Childcare Task
Force is working to address childcare needs and costs in support of working parents
and guardians.
BOCC MEETING MARCH 8, 2023 PAGE 4 OF 10
8. Notice of Intent to Award a contract for the Deschutes Market
Rd/Hamehook Rd Intersection Improvement Project
Cody Smith, County Engineer, explained the request to issue a Notice of Intent to
Award a contract for the Deschutes Market Road/Hamehook Road intersection
improvement project to the apparent low bidder, Bar Seven A Companies, in the
amount of $1,645,597.00. Six responsive bids were received; the engineer's
estimate was $1,935,506.60.
ADAIR: Move approval of Chair signature of Document No. 2023-059, a Notice
of Intent to Award a contract for the Deschutes Market Rd/Hamehook
Rd Intersection Improvement Project
CHANG: Second
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
9. Deliberations regarding a commercial activity in conjunction with farm use
(meadery) in the Exclusive Farm Use zone on Highway 97 near Sisters
Nate Miller, Associate Planner, reviewed the background of this matter and said
tho Rnorrl An/ill rJarirla cawan L<a\/ icci lac nlnna With nna nthar• final nrtinn is
required by April 13t"
Miller referenced an email received from Matt Cohen via email at 1:42 pm on
Wednesday, January 25t", before the Board acted to close the public record.
Legal Counsel David Doyle said because the email was submitted when the
record was still open, it was timely received and can be considered by the Board
in making its decision. Doyle recommended that the record not be reopened at
this time.
Chair DeBone noted the consensus of the Board to acknowledge the email
submitted by Matt Cohen on January 25t" as an item in the record. The Board
further concurred to proceed to a decision at this time.
Continuing, Miller then presented the matrix of decision points before the
Board, as follows:
1. Is the subject property currently engaged in farm activities with the intent
to make a profit in money?
BOCC MEETING MARCH 8, 2023 PAGE 5 OF 10
The Board was in consensus that the subject property is currently engaged in
farm activities with the intent to make a profit in money.
2. Is the Meadery incidental and subordinate to the farm use on the property?
The Board was in consensus that the Meadery is incidental and subordinate to
the farm use on the property.
3. Does the application fully satisfy the requirements of the Farm Impacts Test?
The Board was in consensus that the application fully satisfies the requirements
of the Farm Impacts Test.
4. Can the transportation System Development Charges (SDCs) be reduced
based upon the revised site traffic report?
The Board was in consensus that the transportation System Development
Charges (SDCs) can be reduced based upon the revised site traffic report.
5. Can the 25% requirement for Mead honey to be produced on site be
removed?
The Pr%nrr: XAIMC in rnncanci is that tha')So% rani dramant fnr Moan hnnav to ha
produced on site can be removed.
6. Is a Meadery allowed in the Exclusive Farm Use Zone?
The Board was in consensus that a Meadery is allowed in the Exclusive Farm Use
Zone.
7. Can the Applicant's Conditions of Approval be adopted into a decision?
The Board was in consensus that the Applicant's Conditions of Approval can be
adopted into a decision with two revisions advised by staff, as follows:
a. To remove the reference to ORS 215.456, which is specific to grape wineries,
and instead allowing this condition to remain under Deschutes County Code
18.030 (E); and
b. To clarify that any noise rating will be conducted at the property line, not at
the source, and noise does not exceed 65 dBA at all property lines with the
exception of the southwest property line abutting Highway 20.
Discussion ensued that the business will not be allowed to host weddings.
Commissioner Chang noted that a party who initially opposed this application
BOCC MEETING MARCH 8, 2023 PAGE 6 OF 10
was concerned about the creation of a new events venue. He said a balance has
been established and should be honored.
CHANG: Move approval of the application with the modified conditions of
approval as discussed; written decision to follow
ADAIR: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
Chair DeBone announced a break at 11:23 am. The meeting reconvened at 11:32 am.
10. Multi -Agency Coordination (MAC) Update
Deputy County Administrator Erik Kropp and Cheyenne Purrington, Director of
the Coordinated Houseless Response Office, explained the creation of a tri-
county Multi -Agency Coordination (MAC) group to receive and administer funds
from the State in relation to the Governor's declaration of a homelessness
emergency. The County expects to receive $14 million to create 80 new shelter
beds and rehouse 160 unsheltered households; an additional $1.35 million is
expected to be received for prevention efforts separate from the $14 million.
Responding to Commissioner DeBone, Purrington said the lead agency is the
Homeless Leadership Coalition. Commissioner DeBone asked to be provided an
organizational chart showing the various agencies and non -profits who are
cooperating in this work.
Commissioner Chang reminded that none of these funds can be spent on
managed unsheltered camping or used for safe parking programs.
Purrington said because the homeless population needs more low -barrier beds,
the new shelter beds will all be low -barrier. Commissioner Chang agreed that
some people need a low -barrier shelter, and added that those who live in
unsupervised, unmanaged locations with no services do not make progress.
Commissioner Adair commended the Veterans Village program for moving ten
veterans into permanent housing.
Purrington offered to continue sharing MAC updates by email or in person.
Commissioner Chang said it was important that, in addition to receiving updates,
the Board also be clear on what actions are needed to move the process
forward.
BOCC MEETING MARCH 8, 2023 PAGE 7 OF 10
11. Safe Parking Support Services Update
Deputy County Administrator Erik Kropp reviewed a draft schedule for proceeding
with a competitive procurement for services of one or more providers to support a
safe parking site on property owned by the City of Bend near Murphy Road.
Commissioner DeBone questioned if what will be offered is safe parking. Kropp
responded that the City has a safe parking program, and this venture would fall
under that program. Commissioner Chang agreed that the services offered would
be different from safe parking, but the City has suggested allowing this use under
that program.
Commissioner DeBone wanted to know how this endeavor would fit with the
planned clearing of the Hunnell Road encampments. Commissioner Adair said the
community should have been allowed to weigh in on this proposal, especially
considering the many problems already being experienced in the southern area of
the City, including the China Hat area.
Commissioner Chang said in order to address the problem of 1,000 people living
unsheltered in unauthorized areas, people will need places to go that provide
stepping stones out of homelessness. He agreed with the need to share information
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proceeding with issuing a request for letters of interest from potential service
providers.
Commissioner DeBone noted that the City of Bend could elect to manage this
program itself.
DEBONE: Move to not grant the City of Bend's request that the County issue an
RFP for services to support a safe parking site on City -owned property
off of Murphy Road in south Bend
ADAIR: Second
VOTE: ADAIR: Yes
CHANG: No
DEBONE: Chair votes yes. Motion Carried 2 - 1
Commissioner DeBone stated his desire to partner with the City to address
homelessness. Commissioner Adair said the County needs to consider a safe
parking ordinance, and expressed her appreciation that the Veterans Village
program limits the number of active participants to 15.
BOCC MEETING MARCH 8, 2023 PAGE 8 OF 10
The meeting was recessed at 12:35 pm, and reconvened at 1:03 pm.
OTHER ITEMS:
• Commissioner DeBone announced that interviews were held yesterday for
the open position on the Facilities Project Review Committee; he and
Commissioner Adair took part in the interviews.
DEBONE: Move to appoint James Starnes to the Facilities Project Review
Committee
ADAIR: Second
VOTE: ADAIR: Yes
CHANG: Abstain
DEBONE: Chair votes yes. Motion Carried 2 - 0
• Deputy County Administrator Whitney Hale and County Assessor Scot
Langton shared an update on HB 288, which is intended to stabilize
assessment revenues going forward. Staff will continue to monitor this.
• Stephanie Robinson, Administrative Analyst, distributed a draft slide deck for
the Board's presentation at Leadership Redmond on March 161n
Commissioner Chang said he will be attending the Wildland Fire Leadership
rn, inril mooting in lll�m�th G�IIc that rinv
• Commissioner Adair noted her support for adding ten acres to the
Fairgrounds, which would make them the country's largest.
• Commissioner Adair reported that the number of deaths from overdoses
rose 76% from 2011 to 2021.
EXECUTIVE SESSION:
At 1:15 p.m., the Board went into Executive Session under ORS 192.660 (2) (d) Labor
Negotiations. The Board moved out of executive session at 1:44 p.m. and directed staff to
proceed as discussed.
Commissioner Chang exited the meeting at 1:44 p.m.
OTHER ITEMS (continued):
Deputy County Administrator Erik Kropp distributed a draft letter from Commissioner
DeBone and Commissioner Adair to the City of Bend stating the County's decision to not
grant the City's request that the County issue an RFP for services to support a safe parking
site on City -owned property of off Murphy Road in south Bend, and stating the reasons for
BOCC MEETING MARCH 8, 2023 PAGE 9 OF 10
this decision. Commissioners DeBone and Adair reviewed the letter and provided edits in
advance of signing a final version for submission to the City of Bend.
ADJOURN:
Being no further items to come before the Board, the meeting was adjourned at 1:53 p.m.
DATED this o2 / Day of AC�\Ck 2023 for the Deschutes County Board of
Commissioners.
ANTHONY DEBONE, CHAIR
l
PATTI ADAIR, VICE CHAIR
ATTEST:
PHIL CHANG, CO MISSIONER
RECORDING SECRETARY
BOCC MEETING MARCH 8, 2023 PAGE 10 OF 10
Citizen Input ®r Testimony
V
Subject:
Date:-
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Submittingwritten documents as part of testimony? Yes No
_
If so, please give acopy to the Recording Secretary for the record.
l
SUBMIT COMPLETED REQUEST TO
RECORDING SECRETARY BEFORE MEETING BEGINS
5
�vIES CO
o G2< BOARD
COMMISSIONERS
MEETING DATE: March 8, 2023
SUBJECT: Deschutes County property associated with DSL land exchange
BACKGROUND AND POLICY IMPLICATIONS:
In order to move forward with a land swap with the Department of State Lands (DSL),
Deschutes County is required to address the dispersed camping occurring on the County's
land.
To assist with this process, the Board approved the extension of a limited duration position
to serve as the Project Manager to work with other county staff, the City of Redmond and
area non -profits on this work.
The new model for closing encampments includes identifying where people can go. Ideally,
people who are camping transition to housing or shelter. However, there is not always
available housing/shelter and some individuals decline these options. Instead of people
dispersing to adjacent publicly -owned land, staff recommends the following:
1. With input from service providers, have County staff identify County -owned land
close the 137-acre parcel involved in the DSL land swap that can be used for
relocation. Attached is a map of the area.
2. Develop an RFP/RFQ to identify a service provider to provide a supported camp on
the County -owned land identified in #1. The supported camp would include basic
needs amenities such as portable restrooms, waste disposal containers and pickup,
access to drinking water, and other amenities as identified.
3. Provide flexible funds (up to a specified amount) to a non-profit(s) to be used to
assist with relocating people camping on the County -owned 137-acres.
BUDGET IMPACTS:
At a future Board meeting, staff will return with an estimated cost.
ATTENDANCE:
Erik Kropp, Deputy County Administrator
Cheyenne Purrington, Director of the Coordinated Houseless Response Office
01 E S co�
2� BOAR® OF
COMMISSIONERS
MEETING DATE: March 8, 2023
SUBJECT: Economic Development Grant Annual Update from Economic Development for
Central Oregon
RECOMMENDED MOTION:
N/A
BACKGROUND AND POLICY IMPLICATIONS:
During the FY23 video lottery allocation discussion, the Board initiated a $279,450 grant
award to Economic Development for Central Oregon (EDCO). EDCO will provide the Board
with an update on the use of County funds over the past year and the outcomes of funded
activities.
A breakdown of the grant funds awarded in FY23 is as follows:
EDCO Regional Capacity/Operational Support - $134,550
Supporting Entrepreneurship & Early Stage Companies - $41,400
Local Economic Development Capacity:
Bend - $15,525
Sunriver/La Pine - $36,225
Redmond - $15,525
Sisters - $36,225
In the past, this presentation was closer to budget week, but has moved earlier in the year
to better align with the video lottery budget development process.
BUDGET IMPACTS:
Economic development grants are made available through the Video Lottery Fund, which is
supported by state lottery proceeds. These grants were budgeted for FY 2022-23.
ATTENDANCE:
Stephanie Robinson, Administrative Analyst
Jon Stark, EDCO CEO
BOARD OF
1,190111111
MEETING DATE: March 8, 2023
SUBJECT: Deliberations regarding a commercial activity in conjunction with farm use
(meadery) in the Exclusive Farm Use zone on Highway 97 near Sisters
RECOMMENDED MOTION:
To be determined.
BACKGROUND AND POLICY IMPLICATIONS:
The Board will conduct deliberations concerning a request for a commercial activity in
conjunction with farm use to establish a meadery on Highway 97 near Sisters (file nos. 247-
22-000024-CU, 025-SP, 757-A, 914-A).
BUDGET IMPACTS:
None,
ATTENDANCE:
Nathaniel Miller, Associate Planner
Jacob Ripper, Principal Planner
■
MEMORANDUM
TO: Deschutes County Board of County Commissioners
FROM: Nathaniel Miller, AICP, Associate Planner
DATE: March 8, 2023
RE: Deliberations: A Commercial Activity,in Conjunction with Farm Use (Meadery) in the
Exclusive Farm Use Zone.
The Board of County Commissioners (Board) is conducting deliberations on March 8, 2023, to
consider a final decision for a commercial activity in conjunction with farm use to establish a
Meadery. The applications and appeals are identified as file nos. 247-22-000024-CU, 025-SP, 757-A,
914-A.
I. BACKGROUND
Staff issued an approval on September 7, 2022, which was appealed by Central Oregon LanclWatch
(COLW). A public hearing was conducted by a Hearings Officer on October 26, 2022. The Hearings
Officer denied the applicant for failure to demonstrate compliance with the Farm Impacts Test, and
demonstrating that the Meadery would be incidental and subordinate to the farm use on November
18, 2022. The applicant appealed the denial, and the Board conducted a public hearing on January
25, 2023. The hearing and record were closed on the same day.
The attached Decision Matrix (Attachment B) is designed to assist the Board in their deliberations.
It focuses on the contested aspects of the application and that require Board determinations or
interpretations. There are seven key issues identified in testimony and materials that are related to
approval criteria for the subject application. There is one issue area for discussion (Item 4) which is
a correction and is not an approval criteria.
II. SUMMARY
Please see the Decision Matrix for Issue items and summaries.
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Qi (541) 388-6575 @cdd@deschutes.org ®www.deschutes.org/cd
V. RECORD
At the hearing, the applicant submitted written testimony and provided oral testimony, but did not
raise new issues. The applicant provided new evidence prior to the hearing that was not previously
in the record through a letter from the applicant's attorney and a revised Burden of Proof. The
appellant did not raise new issues, but reiterated their main objection topics during oral testimony.
A new letter of objection from the opponent was also submitted prior to the hearing. One member
of the public at the hearing testified in support of the applicant's proposal. These submittals can be
accessed on the project website and record located at the link below.
The record for file nos. 247-22-000024-CU, 247-22-000025-SP (appeal file nos. 247-22-000757-A and
247-22-000914-A) is as presented at the following Deschutes County Community Development
Department website:
https://www.desch utes.o rg/cd/page/247-22-000024-cu-and-247-22-000025-sp-co nd itiona I-use-
and-site-plan-review-meadery
Attachment A:
Location Map
Attachment B:
Decision Matrix
Attachment C:
Matt Cohen Email from January 25, 2023
Attachment D:
Applicant's Proposed Conditions of Approval
247-22-000024-CU, 22-025-SP, 22-757-A, 22-914-A Page 2 of 2
File: 247-22-000024-CU, 025-SP, 22-757-A, 22-914-A
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Nathaniel Miller
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
[EXTERNAL EMAIL]
Matt Cohen < mattc@csconstruction.com >
Wednesday, January 25, 2023 1:42 PM
Nathaniel Miller
Herman Land Use / Meadery Public Comments
Follow up
Flagged
Nathaniel — Please accept the following comments in regards to the Public Hearing for the Herman Property on
1/25/23. Sorry, I had to drop off the call before the public testimony came up.
Pursuant to DCC 18.144.040, part D item #12 and #13 the applicant has not demonstrated ADA access to all
proposed facilities including a site plan showing how existing and proposed topography and surfacing will allow
for an accessible path of travel to all proposed public improvements that are a component of the
project. Furthermore the applicants request to waive the requirement for paved surfaces and use gravel does
not provide for an accessible path of travel between components of the proposed project. To comply with the
DCC a continuous unobstructed path connecting all accessible elements and spaces of the proposed
improvements shall be shown and included on the site plan. Hardened materials such as concrete or asphalt will
need to be provided in order to comply with the American with Disabilities Act.
2. The applicant has not established compliance with ORS 374.305, which requires anyone wanting to construct a
i the use
_L _._ existing __._.___t:_._ t_ _ State Highway
to
L:__t obtain written
permission
new approach or change the use yr an existing connection w a State ni�riwdy w ����� �u�d��� wiiuc�i NC. ����������
from ODOT. I have reviewed the revised Burden of Proof submitted by the Applicant dated 10/26/22 and I do
not see anything responding to this requirement. Clearly there is a change of use here to a commercial use and
as such this requirement should be included as a condition of approval.
3. The applicant has noted site lighting will not be modified. As part of the change of use to a commercial use the
Building Code will require egress lighting at the exterior to comply with life, safety requirements. The applicant
has stated no changes will be required and we have not found this to be the case on similar projects as the
addition of lights will be needed to comply with the commercial building code. We request the applicant be
required to provide a photometric light study, with existing and proposed lights that demonstrate compliance
with 18.124.040, part D, #11. If this is reviewed and approved as part of the Building Permit process as
requested by the Applicant, public comment on this component of the application is eliminated which is
contradictory to the LU process.
Thanks, Matt
Matt Cohen
Managing Partner
CS CONSTRUCTION
P: 541.617.9190 1 F: 541,617.9590
matte@esconstruction.com
1506 NE 1st St. ##1 Bend, OR 97701
csconstruction.com I ccb 163443
91 Follow us!
IV. CONDITIONS OF APPROVAL
A. This approval is based upon the application, site plan, specifications, and supporting
documentation submitted by the applicant. Any substantial change in this approved use
will require review through a new land use application.
B. The applicant shall obtain any necessary permits from the Deschutes County Building
Division and Environmental Soils Division.
C. Annual Reporting - Incidental and Subordinate/Honey Sourcing
i. Pursuant to ORS 215.456(2), the gross income of the winery from any activity
other than the production or sale of wine may not exceed 25 percent of the
gross income from the on -site retail sale of wine produced in conjunction with
the winery. The gross income of a winery does not include income received by
third parties unaffiliated with the winery. Failure of the landowner to
demonstrate compliance with this 25% requirement for two consecutive years
shall cause the commercial activities in conjunction with farm use permit to
become void.
ii. 90% of honey used to produce mead or other honey products must come from
Deschutes County, adjoining counties, high desert counties (Wasco and Grant)
and Marion, Jackson and Douglas counties. 100% of honey used to produce
mead or other honey products must come from Oregon. Failure of the
landowner to demonstrate compliance with this requirement for two
consecutive years shall cause the commercial activities in conjunction with
farm use permit to become void.
iii. The winery shall submit reports of compliance with items i. and ii., above, by
April 30 of each year.
D. Farm Use — Incidental and Subordinate. This approval is based on the continued
existence of at least 30 acres of bee pasture on the winery property and the production on
site of honey by bees. All honey produced on site shall be used to make wine or be sold
as honey to the public.
E. Food Carts. A maximum of one food cart is allowed to provide food for tasting room
visitors. A maximum of two additional foods carts may be allowed at events. All food carts
shall offer honey as a condiment and shall have at least one food item featuring honey on
the menu.
F. Winery Related Events
All Winery Related Events (agritourism and other commercial events) shall be in support
of and associated with the Meadery and the promotion of the Lazy Z Ranch. Winery
Related Events are limited to 10 days or fewer in a calendar year. Maximum attendance
shall be capped at 250 persons for five events and at 150 for five events. Weddings shall
not be allowed. Winery related events may not commence until the winery submits to the
County a written statement that is prepared by a certified public accountant certifying that
the winery has reached $40,000 in gross income from the on -site retail sale of wine
produced in conjunction with the winery.
G. Winery Related Events
Applicant/owner shall have a representative at the site during all Winery Related Events
involving outdoor amplified noise/music. That representative shall have the authority and
responsibility to immediately respond to noise complaints and to ensure immediate
correction occurs.
H. Speaker Noise Level.
All outdoor speakers for events shall be set at or below 100 dBA. Any other outdoor
speaker associated with the winery shall be set at or below 60 dBA.
I. Height Standard
No building or structure shall be erected or enlarged to exceed 30 feet in height, except
as allowed by DCC 18.120.040.
J. Zoning Setbacks
Any proposed development shall comply with the setbacks set forth in the Exclusive Farm
Use Zone as prescribed in DCC 18.16.070 (A-D)
K, (general Setbarkg
In addition to the setbacks set forth herein, any greater setbacks required by applicable
building or structural codes adopted by the State of Oregon and/or the County under DCC
15.04 shall be met.
L. Lighting in the Airport Safety Combining Zone
No Meadery development, or any of the associated Meadery uses, shall imitate airport
lighting or impede the ability of pilots to distinguish between airport lighting and other
lighting.
M. Glare Producing Materials in the Airport Safety Combining Zone
No glare producing material, including but not limited to unpainted metal or reflective glass,
shall be used on the exterior of structures located within an approach surface or on nearby
lands where glare could impede a pilot's vision.
N. Future Meadery Development in the Landscape Manaqement Combininq Zone
The applicant shall apply for a Landscape Management Review for any new structure or
substantial exterior alteration of a structure requiring a building permit. A substantial
exterior alteration is defined as exceeding 25 percent in the size or 25 percent of the
assessed value of the structure.
O. Clear Vision Area
The clear vision area located at the intersection of the service drive/driveway and Highway
20 shall be maintained in accordance with DCC 18.116.020(A). All branches and foliage
of the existing Juniper tree are to be removed to a height of eight feet above the grade
within 30 days of this decision becoming final.
P. Meadery Parking
Required parking facilities shall be provided prior to or concurrently with construction
and/or initiation of the proposed use.
Q. Indoor and Outdoor Serving/ Seating Areas
During open hours for Winery Operations, the indoor serving and seating area shall not
exceed 1,560 square feet and the outside serving and seating area shall not exceed 300
square feet.
R. Meadery Parking
Required parking space shall be available for the parking of operable passenger
automobiles of residents, customers, patrons and employees only and shall not be used
for the storage of vehicles or materials or for the parking of trucks used in conducting the
business or used in conducting the business or use.
S. Graveled Surface for Standing and Maneuvering of Vehicles
Prior to the initiation of use, the applicant shall gravel all areas for the standing and
maneuvering of vehicles onsite as depicted on the Maintained Gravel Map. This includes
the individual parking areas as proposed and all service drives which provide access for
Mead Production, Winery Operation, and Winery Related Events. At all times, the
graveled surfaces shall be maintained in a manner which will not create dust problems for
neighboring properties.
T. Safety of Traffic Access & Egress, and Pedestrians and Vehicular Traffic for the Meadery
Prior to the Initiation of Use, the applicant shall submit a sign plan to the Planning
Division illustrating that the site, with the installation of signage throughout, is adequate
for providing safety of traffic access and egress, as well as safety for pedestrians and
vehicular traffic.
1. Mead Production and Winery Operations in Accordance with Meadery Site Plan/ Sign
Plan:
Appropriate sign locations, sign messaging, and demarcations, are utilized
to provide a safe environment for vehicle and pedestrian traffic throughout
the site.
2. Winery Related Events in Accordance with the Meadery Events Site Plan/ Sign Plan:
• In addition to Mead Production and Winery Operations, appropriate
temporary sign locations, sign messaging, and demarcations, are utilized
to provide a safe environment for vehicle and pedestrian traffic throughout
the site.
Highlight areas of significance (e.g. portable toilets & pedestrian only areas)
during temporary Winery Related Events.
U. Alteration of a Non-Conforminq Structure
The applicant shall receive approval for a non -conforming use alteration if any changes to
height or footprint of the 3,000 square foot farm building/ Meadery building are proposed.
V. Renovation Permitting
For the proposed renovations to the Meadery building, the applicant shall obtain all the
appropriate permitting from the Deschutes County Building Division and the
Environmental Soils Division.
W. Preservation of Landscape and Existing Topography
All trees and shrubs existing on -site, not removed by necessity of the proposed
development, shall be protected, unless lawfully changed/removed by outright uses (such
as farm use) or such change/removal is approved by future land use approvals.
X. Private Well
Prior to the Initiation of Use of any Aspect of the Meadery, the property owners shall
have the well, which provides water to the property and use, reviewed and approved as a
Public Water System by either the Oregon Department of Agriculture (ODA) or the
Deschutes County Environmental Health Department.
Y. Meadery Licensing From Deschutes County Environmental Health Department
Prior to the Initiation of Use of any Aspect of the Meadery, the property owner shall
obtain all necessary permits from the Deschutes County Environmental Health
Department.
Z. Meadery Food Cart/ Mobile Food Unit Licensing
Prior to the Initiation of Service of the Mobile Food Units (MFUs), the property owner
shall obtain all necessary permits from the Deschutes County Environmental Health
Department for the Mobile Food Units (MFUs) operating on the property.
AA. Permanent Food Cart Utility Servicing
Prior to the Initiation of Service of the Permanent Mobile Food Unit (MFU), the
permanent Food Cart (MFU) shall be connected to the on -site septic system, the well, and
a power source on site while providing food and beverage service at the Meadery.
BB. Meadery Septic System Permitting From Deschutes County Onsite Wastewater Division
• Prior to the Initiation of Use for the Mead Production, the property owner shall
obtain all necessary permits from the Deschutes County Onsite Wastewater
Division for the Mead Production facilities.
• Prior to the Initiation of Use for the Winery Operations, the property owner shall
obtain all necessary permits from the Deschutes County Onsite Wastewater
Division specific to the Winery Operations.
• Prior to the Initiation of Use for the Winery Related Events, the property owner
shall obtain all necessary permits from the Deschutes County Onsite Wastewater
Division for the Winery Related Events including any temporary facilities that will
be operational on site.
CC. Meadery Licensing From the Oregon Department of Agriculture
Prior to the Initiation of Use of any Aspect of the Meadery, the property owner shall
obtain all necessary permits and approvals from the Oregon Department of Agriculture
Food Safety Program for the Mead Production, Winery Operations, and Winery Related
Events.
DD. Meadery Licensing From the Oregon Liquor and Cannabis Commission (OLCC)
Prior to the Initiation of Use of any Aspect of the Meadery, the property owner shall
obtain all necessary permits and approvals from the Oregon Liquor and Cannabis
Commission for the Mead Production, Winery Operations, and Winery Related Events.
EE. Meadery Licensing From the US Alcohol and Tobacco Tax and Trade Bureau (TTB
Prior to the Initiation of Use of any Aspect of the Meadery, the property owner shall
obtain all necessary permits and approvals from the US Alcohol and Tobacco Tax and
Trnria Ri irnni i fnr the Mean Prnriurtinn WinPry nnPratinns_ anti Winery Related Events-
FF. Exterior Lighting
All exterior lighting shall be shielded so that direct light does not project off site.
GG. Meadery Landscaping — General Standards
The landscaping for the Meadery as presented as Exhibit C in the application materials,
shall comply with the following standards:
• The landscaping in a parking area shall have a width of not less than five feet.
• Provision shall be made for watering planting areas where such care is required.
• Required landscaping shall be continuously maintained and kept alive and
attractive.
• Maximum height of tree species shall be considered when planting under overhead
utility lines.
HH. Meadery Landscaping — Landscaping Strip along Highway 20
The landscaping strip between Meadery parking and Highways 20, as presented as
Exhibit C in the application materials, shall contain:
• Trees spaced as appropriate to the species, not to exceed 35 feet apart on the
average.
• Low shrubs not to reach a height greater than three feet zero inches, spaced no
more than eight Meet apart on the average.
Vegetative ground cover.
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Safe Parking Schedule
**DRAFT** 3-7-23
• City working on FAQs — County input
Bold indicates BOCC input and/or decision making
TASK
TIMELINE
LEAD
Issue request for Letter of
Issue on March 9
Erik
Interest from potential service
providers
Responses due March 21 at
noon
-Identify 1-acre site owned by
City of Bend
-Invite other proposals
Draft RFP
Jeri
Brief BOCC on LOI responses
March 22 BOCC meeting
Erik
Meet with potential service
No later than March 29
Jen
providers (those who submitted
LOI) for open conversation,
discuss draft RFP, input from
service providers
Draft ihA between City and
VV cell of lApr11 J
f= 11R
Count — Take to BOCC
Review draft RFP with BOCC
Week of April 3
Erik and Jeri
Finalize and issue RFP
April 7
Erik and Jeri
RFP responses due
April 21
Award contract
April 28
Send contract to BOCC
May 15
Submit application to City of
May 22
TBD
Bend for Safe Parking program
Obtain response from City
regarding safe parking
application
Apply for grading permit
TBD
through City of Bend
Site preparation
Open site
**DRAFT**
March 8, 2023
Dear Mayor Kebler and Bend City Council:
We are informing you that the Board decided today on a 2-1 vote to not move forward with issuing an
RFP for services to support a proposed safe parking site on the City -owned 1-acre property in south Bend.
The reasons for this decision include the following:
• Concerns from the neighborhood about the proposal and lack of community engagement. We
recognize that the opportunity for community engagement would come later and be assigned to
the service provider selected to operate the program. However, what we heard from the
community is the desire to have input on the use of the property, not just the safe parking
program.
• Concerns that the $100,000 of County ARPA funds identified by the City to fund a service
provider will not adequately cover the costs of the program.
• There is a concentration of people who are houseless in the area already, particularly in the China
Hat road vicinity.
In summary, the request from the City was for the County to manage the safe parking site or hire a service
provider. We are declining both of these options.
The $1.5 million of County ARPA funds are still available to the City to help fund operations at Central
Oregon Villages and $100,000 of this $1.5 million is still available should the City want to move forward
with safe parking on the 1-acre site.
We remain committed to coordinating with the City to address homelessness in our County.
Question for the Board:
Signed by chair? 2 commissioners or 3?
0
Dear Mayor Kebler and Bend City Council:
March 8, 2023
After carefully evaluating the City's request that the County hire a service provider or
manage a safe parking site on City property in south Bend, we determined today on a 2-1
vote that we will not move forward with this project.
The reasons for this decision include the following:
Concerns from the neighborhood about the proposal and lack of community
engagement. We recognize that the opportunity for community engagement would
come later and be assigned to the service provider selected to operate the program.
However, what we heard from the community is the desire to have input on the use
of the property, not just the safe parking program.
• Concerns that the $100,000 of County ARPA funds identified by the City to fund a
service provider will not adequately cover the costs of the program.
• Residents in south Bend already experience impacts from nearby encampments,
including those off of China Hat Road.
We remain committed to coordinating with the City to address homelessness in our
community.
Sincerely,
Tony DeBone, Chair
s
Patti Adair, Vice -Chair