Loading...
2024-291-Minutes for Meeting August 21,2024 Recorded 10/7/2024o`'�vjES coG�< i BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 • 9:00 AM Recorded in Deschutes County CJ2024-291 Steve Dennison, County Clerk 10/07/2024 10:45:50 AM Commissioners' Journal WEDNESDAY August 21, 2024 2024-291 Barnes Sawyer Rooms Live Streamed Video Present were Commissioners Patti Adair, Anthony DeBone and Phil Chang. Also present were County Administrator Nick Lelack, County Counsel David Doyle and BOCC Executive Assistant Brenda Fritsvold. Thic meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal webpage www deschutes org/meetings. CALL TO ORDER: Chair Adair called the meeting to order at 9:00 a.m. PLEDGE OF ALLEGIANCE CITIZEN INPUT: Carl Shoemaker spoke to the impact of corporate power on the administrative, legislative and judicial branches of governance in the United States, saying that corporations control the country's laws and regulations and direct the allocation of revenues. CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda. 1. Acceptance of a justice Reinvestment Program Supplemental Grant Award for the 2023-2025 Biennium 2. Approval of an amendment to the intergovernmental agreement with Oregon Youth Authority for the expunction of juvenile records BOCC MEETING AUGUST 21, 2024 PAGE 1 OF 7 3. Approval of New Pelicy No. !T---:2 Use of Cap-I.e.rative Art-*.fiC4al !RtelligeFlGe (AI) (pulled for separate consideration; see below) 4. Approval of minutes of the BOCC July 10, 15 and 17, 2024 meetings Commissioner DeBone asked that item 3. be removed for separate consideration. Commissioner Adair asked that the minutes of July 17, 2024 be removed for revision. DEBONE: Move approval of the Consent Agenda as amended to remove item 3. for separate consideration and also to remove the July 17, 2024 minutes for revision CHANG: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 3. Approval of New Policy No. IT-2 Use of Generative Artificial Intelligence (Al) Tania Mahood, Director of Information Technology (IT), shared that some staff have expressed interest in accessing generative Al. Because the County currently does not have a policy which addresses this use, IT has developed guidelines to ensure that the County's systems and data are protected when Al is utilized. In response to Commissioner Adair, Mahood said IT has thus far approved the use of two generative Al programs by staff: MS CoPilot and ChatGPT. Responding to Commissioner Chang, Mahood said staff who want to use Al must first undergo training to ensure knowledge of and adherence to best practices. DEBONE: Move approval of a new policy IT-2 Use of Generative Artificial Intelligence (AI) CHANG: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried BOCC MEETING AUGUST 21, 2024 PAGE 2 OF 7 ACTION ITEMS: 5. Recognition of juvenile Detention Manager Rob Gilman's 30 years of service Deevy Holcomb, Community Justice Director, recognized juvenile Detention Manager Rob Gilman for his 30 years of service to Deschutes County and praised his attitude and approach to his job. Community Justice Deputy Director Sonja Littledeer-Evans said Gilman is an advocate for staff and she considered it an honor to work alongside of him. Gilman stated his appreciation for the opportunity to have a positive impact in the lives of youth who are underserved. The Commissioners expressed their appreciation for Gilman's contributions to the County over the past three decades. 6. Recognition of Accountant Chris Partain's 30 years of service Tim Brownell, Director of the Solid Waste Department, announced that Accountant Chris Partain has achieved 30 years of service with the County. Saying that Partain serves with passion and compassion, Brownell described her as an +ho Annrtmont C tomm IvaIuabIe member ofUICU-FJUI u i tIts -1 i I. Noting that Deschutes County has grown a great deal since 1994, Partain spoke to her good fortune and said she took advantage of the County's tuition reimbursement program to get her degree. The Commissioners expressed their appreciation for Partain's many contributions to the County. 7. Approval to apply for COHC BH 2O23 Shared Savings Investment Grant Jessica Jacks, Behavioral Health Manager, explained the request to apply for a Behavioral Health Shared Savings Investment grant from the Central Oregon Health Council to support the Healthy Schools program. The application would seek $391,287 of funding for fiscal year 2026. In response to Commissioner Adair, jacks expected to hear in October if any grant funding is awarded. Commissioner DeBone asked to know how the amount to be applied for was determined. Jacks said of the $391,287, $362,587 would be used to cover 2.0 FTE BOCC MEETING AUGUST 21, 2024 PAGE 3 OF 7 in the program and $28,700 would support 15% of the Public Health epidemiologist position which assists with data tracking for the program. In response to Commissioner Adair, Jacks said no youth suicides were reported for persons between the ages of 11 and 17 in 2023. CHANG: Move to authorize the application for a Behavioral Health 2023 Shared Saving Investment grant from the Central Oregon Health Council DEBONE: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 8. Deliberations on the appeal of a psilocybin service center in Juniper Preserve Audrey Stuart, Associate Planner, reminded that the matter before the Board involves an application for a Conditional Use Permit and Site Plan Review to establish a psilocybin service center at the juniper Preserve (formerly Pronghorn) destination resort. Stuart relayed a request that the record be re -opened to allow . L �. + + ,r of �Inimc in the arinlicant's final legal argument. County Counsel David Doyle said the reason given to re -open the record is not valid as the process allows the applicant to submit a final legal argument. DEBONE: Move approval of Board Order No. 2024-032 denying the request to re -open the record in this matter CHANG: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried Continuing, Stuart acknowledged the receipt of emails received outside of the open record period and instructed that these are not to be considered by the Board in its deliberations. In response to Commissioner Chang regarding the applicant's submittal of a revised site plan to address the screening and field of vision concerns, Stuart confirmed that two alternatives were provided to address the screening issue as well as two options for interpreting the location of the clear vision area. BOCC MEETING AUGUST 21, 2024 PAGE 4 OF 7 Discussion ensued regarding potential conditions of approval to satisfy these requirements. With respect to whether the site is suitable for the proposed use based on transportation access, Stuart reminded that the use would require transporting psilocybin across a Bureau of land Management (BLM) right-of-way (ROW). Commissioner DeBone said the transportation access issue is a reason to deny this application. He referred to federal guidance regarding conflicts between the national Controlled Substances Act and various state laws which permit the production, distribution and use of cannabis, noting that the Cole Memorandum was specifically issued to address such conflicts with respect to cannabis but not to psilocybin. Commissioner Adair agreed it seems proper to uphold the Hearings Officer's decision on this point. Commissioner Chang referred to the complicated interaction between state law and federal law, saying that psilocybin is transported across federal land all over the state of Oregon without the federal government asserting federal law as that occurs. Saying he was not concerned that the BLM would revoke the ROW access granted to Juniper Preserve due to the proposed facility, he supported approving tha Annliratinn aihiPrt to a rnnditinn that the fariIity wniilri reasP nnPratinns if the BLM decided to revoke the ROW. DEBONE: Move to uphold the decision of the Hearings Officer to deny the application for a Conditional Use Permit and Site Plan Review to establish a psilocybin service center at Juniper Preserve (formerly Pronghorn) destination resort ADAIR: Second VOTE: CHANG: No DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 2 - 1 Stuart said staff will work with Legal to craft a formal decision on this matter for the Board's consideration. Commissioner Chang said the Board previously worked to develop time, place and manner rules for psilocybin manufacturing facilities and service centers, at which time the issue of transporting psilocybin across federal land was not addressed. He was concerned about violating the will of the voters and supported crafting conditions to directly address this specific issue. BOCC MEETING AUGUST 21, 2024 PAGE 5 OF 7 OTHER ITEMS: Peter Gutowsky, Community Development Director, announced that CDD is immediately paring back its administration of the State's Operation and Maintenance Program for septic system Alternative Treatment Technologies (ATTs) because the Onsite Wastewater Division no longer has the capacity to ensure that service providers and/or property owners 1) enter into the required maintenance agreements and 2) perform annual maintenance on these systems. Noting that most counties across the state only perform site evaluations and inspections for new ATTs, Gutowsky spoke to the time involved in administering the related yet separate O & M program. Todd Cleveland, On -Site Wastewater Manager, spoke to the time needed to enforce the O & M program for over1800 ATT systems to document required servicing and maintenance for the continued proper operation of these systems. Saying that CDD does not have the capacity to conduct enforcement efforts on those who choose to not comply, Cleveland said outside of situations deemed to present a public health hazard, CDD will now only track the systems and alert potential property buyers to any non-compliance issues. Referring to the County's goal of keeping groundwater clean, Commissioner Chang sk ,� I/to r\1nnVnr if improperly maintained ATT systems contaminate shallow groundwater. Cleveland said while ATT systems should not discharge untreated waste if and when they malfunction, it's possible that some do. Overall, these systems perform at a high level if properly maintained. Commissioner DeBone supported engaging with DEQ on this issue. In response to Commissioner Chang, Cleveland said each property owner is responsible for reporting any needed repairs to the County. In response to County Administrator Nick Lelack, Cleveland said CDD will issue notifications to property owners and service providers regarding upcoming maintenance contract expirations and the responsibilities of each party going forward. Although the County will no longer enforce property owners who lack a maintenance agreement and/or an annual maintenance report, CDD will refer service providers who fail to submit an annual maintenance contract and/or annual maintenance report on behalf of a property owner to DEQ. BOCC MEETING AUGUST 21, 2024 PAGE 6 OF 7 Commissioner DeBone reported that he spoke at the Sisters Park & Recreation District lunch meeting yesterday. The Board discussed that no Commissioner is available to attend the Central Oregon Health Council meeting on Thursday, September 12th Commissioner Chang announced he will be in Washington, D.C. on September 12`h in part to advocate for the continuation of the Payment in Lieu of Taxes (PILT) program which distributes revenues to the County's Road Department in recognition of Deschutes County's inability to collect property taxes on federally - owned land. EXECUTIVE SESSION: None ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 10:31 am. DATED this day of 0y' ' 2024 for the Deschutes County Board of Commissioners. ATTEST: -4 RECORDING SECRETARY PATTI ADAIR, CHAIR ANTHONY DEBONE, VICE CHAIR PHIL CHANG, COMMISSIONER BOCC MEETING AUGUST 21, 2024 PAGE 7 OF 7 X\viES Cp BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, AUGUST 21, 2024 Barnes Sawyer Rooms - Deschutes Services Building - 1300 NW Wall Street - Bend (541) 388-6570 1 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 YouTube using this link: http://bit.ly/3mminzy. To attend the meeting virtually via Zoom, see below. Citizen Input: The public may comment on any topic that is not on the current agenda. 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 -�Il0veiord via i 01-11p ter -Phoe or oi+hnr .rir4i i 1 m aiivvvcu via cvi i iNu�ci, Ni iv1-1 s vi vu ici vn Huai i i lean$. Zoom Meeting Information: This meeting may be accessed via Zoom using a phone or computer. • To join the meeting via Zoom from a computer, use this link: http://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 *9 to indicate you would like to speak and *6 to unmute yourself when you are called on. • When it is your turn to provide testimony, you will be promoted from an attendee to a panelist. You may experience a brief pause as your meeting status changes. Once you have joined as a panelist, you will be able to turn on your camera, if you would like to. 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. Time estimates: The times listed on agenda items are estimates only. Generally, items will be heard in sequential order and items, including public hearings, may be heard before or after their listed times. 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.. CONSENT AGENDA Acceptance of a justice Reinvestment Program Supplemental Grant Award for the 2023- 2025 Biennium 2. Approval of an amendment to the intergovernmental agreement with Oregon Youth Authority for the expunction of juvenile records 3. Approval of New Policy No. IT-2 Use of Generative Artificial Intelligence (AI) 4. Approval of minutes of the BOCC July 10, 15 and 17, 2024 meetings ACTION ITEMS 5. 9:10 AMRecognition of juvenile Detention Manager Rob Gilman's 30 years of service 6. 9:25 AMRecognition of Accountant Chris Partain's 30 years of service 7. 9:40 AMApproval to apply for COHC BH 2O23 Shared Savings Investment Grant 8. 9:50 AMDeliberations on the appeal of a psilocybin service center in juniper Preserve 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. August 21, 2024 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 ADJOURN August 21, 2024 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3 BOARD OF COMMISSIONERS' MEETING o f� REQUEST TO SPEAK Citizen Input or Testimony Subject: C-O o C Date: Name G t J aA isar Address 31 Phone #s _ �� r 7 D 1-S' fi9S E-mail address r a r ► .s A ®wc In Favor ❑ Neutral/Undecided J�N Opposed Submitting written documents as part of testimony? Yes F1 No If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS American corporations today are like the great European monarchies of yore: They have the power to control the rules under which they function and to direct the allocation of public resources. This is not a prediction of what's to come, this is a simple statement of the present state of affairs. Corporations have effectively captured the United States: its judiciary, its political system, and its national wealth, without assuming any of the responsibilities of dominion° Evidence is everywhere. Item I, The in is CEO pay. Compensation is an expression or concentrated Newer Item II: .z-e. risk has been • to .. Item III: The financial power of American corporations now controls every stage of politics — legislative, • ultimately judicial. Item IV: Capture has been further implemented through the extensive lobbying power of corporations. E S COG I o� 2{ BOAR® OF I COMMISSIONERS MEETING DATE: August 21, 2024 SUBJECT: Approval to apply for COHC BH 2O23 Shared Savings Investment Grant RECOMMENDED MOTION: Move approval to apply for COHC's Behavioral Health 2023 Shared Savings Investment Grant. BACKGROUND AND POLICY IMPLICATIONS: The Central Oregon Health Council (COHC) is a nonprofit ipubli and and alignivate oo vision,ty governance organization, which partners with comm unties and activities across industries for a healthier Central Oregon. ,nth �m� Shared Savings Investment opportunity is intended to COHC's Behavioral, l � - - " invest in programs that address beha�oral health ly for $391,287 of fund ng to support the Services (DCHS) requests Board approval toapply Healthy Schools program in fiscal year 2026 (FY 26). e of The Healthy Schools program focuses on improving osmultiple ladolesgent health'outcomes, prevention and health promotion practices t target listed below. These efforts strongly align with the Youth DrldnvestmDnt Prevention, Treatment, and Recovery Programs focus of the Shared Savings Grant. Increase student belonging Increase Positive Youth Development Reduce suicide -related ED visits • Reduce 30-day substance use • Reducing violence, bullying, and b• ias incidents Reducing sexually transmitted infections and teen pregnancies • Reducing disparities for the above outcomes by race/ethnicity, sexual orientation/gender identity, low-income and rural areas, and disabilities Healthy Schools embeds Deschutes County Public Health staff dedicated ono pe PlPublic ichoofs.HealtProgram staff work full-time in two to three public schoolsas S ecialists (PHS). Public schools are one of the best settings to reach the vast majority of p school -age youth and families with prevention, health promotion, and health care services. Public schools are also in great need of qualified support inside their buildings on a daily basis to effectively respond to the high levels of critical adolescent and community health issues emerging in their school buildings. These are often societal and public health issues that come into the building with students, families, and staff that become barriers to teaching and learning. Educators and the education system do not have the training or expertise, nor is it their mission, to be able to address these societal and public health issues effectively. Healthy Schools is seeing positive program outcomes now which is energizing as the program works toward long-term change. For example, the percent of middle and high school students feeling depressed, stressed, or anxious decreased from 52 percent to 47 percent from 2022 to 2024, respectively. Similarly, Healthy Schools increased the proportion of behavioral health care referrals that have resulted in appointments, from 52% to 60% in just one year. Furthermore, from 2021 to June 2024, the proportion of Deschutes County suicide -related Emergency Department visits for ages 11-17 significantly decreased for zip codes with Healthy Schools (from 69% to 58%). Healthy Schools notably improved prevention education with 100% of teachers now using effective, skills -based mental health promotion and suicide prevention curriculum (up from 6%), reaching 5,154 students last year alone. Healthy Schools expenses are covered through a 50/50 cost share between DCHS and Bend -La Pine Schools (BLS), and the proposed COHC grant application reflects this partnership. Currently, the DCHS contribution is sourced from a combination of County r r r co rho fi inriina to cover Staff General Funds and state grants. it awaraeU, DC�S intends �Us �o u�� �, �� , u, ,.�, ..b . ..... _. _ ___ _ expenses, which will help offset continued increases to the County General Fund contribution in FY26. A portion of the grant funds will also offset the BLS contribution, helping to offset increases to BLS' funding sources in FY26. During the grant year, DCHS aims to complete the fall 2025 (FY26) outcome evaluation and further establish a long-term funding structure with a goal of reducing County General Fund reliance. The total request is $391,287 of which $362,587 will cover 2.0 FTE in Healthy Schools, additionally $28,700 will support 0.15 FTE Public Health's Epidemiologist that assists with data tracking and evaluation for Healthy Schools. COHC does not fund indirect costs, so these would be covered by existing Healthy School resources. BUDGET IMPACTS: $391,287 revenue in FY 26 ATTENDANCE: Jessica Jacks, Public Health Program Manager �'G E S COG2-A BOARD OF COMMISSIONERS MEETING DATE: August 21, 2024 SUBJECT: Deliberations for Appeal of Psilocybin Service Center (247-23-000614-CU, 615-SP) RECOMMENDED MOTION: At the conclusion of deliberations, the Board can choose one of the following options: Continue deliberations to a date and time to be scheduled; or Close deliberations and propose a motion to approve or deny the application, and direct staff to return at a later date with a draft decision. • Move to approve Order No 2024-032 reopening the record for file nos. 247-23- 000614 CU 247 23 000615 SP 247 24-000292-A until rmonth date year , or _� _ .-� �„ reopen the, rornrri fnr • Move to approve Order No. 2024-032 de 1 �il l- a r equest o f ev e i u e � r] file nos. 247-23-000614-CU 247-23-000615-SP 247-24-000292-A. • Move to uphold the Hearings Officer's denial of file nos. 247-23-000614-CU 247-23- 000615-SP and direct staff to return for consideration of Board decision on a date to be determined, or • Move to approve file nos. 247-23-000614-CU 247-23-000615-SP and direct staff to return for consideration of Board decision on a date to be determined BACKGROUND AND POLICY IMPLICATIONS: On July 17, 2024, the Board held a public hearing on an appeal of a Hearings Officer's decision for a psilocybin service center within juniper Preserve (formerly Pronghorn) destination resort. The open record period following the Board hearing has ended and the Board may begin deliberations. A public hearing was held before the Deschutes County Hearings Officer, and a Hearings Officer Decision denying the subject application was mailed on April 29, 2024. BUDGET IMPACTS: None. ATTENDANCE: Audrey Stuart, Associate Planner 01 E S C0 &71 BOARD OF COMMISSIONERS MEETING DATE: August 21, 2024 SUBJECT: Deliberations on the appeal of a psilocybin service center in Juniper Preserve RECOMMENDED MOTION: At the conclusion of deliberations, the Board can choose one of the following options: Continue deliberations to a date and time to be scheduled; or Close deliberations and propose a motion to approve or deny the application, and direct staff to return at a later date with a draft decision. BACKGROUND AND POLICY IMPLICATIONS: On July 17, 2024, the Board held a public hearing on an appeal of a Hearings Officer's decision for a psilocybin service center within the Juniper Preserve (formerly Prongnur r ) destination resort. The open record period following the Board hearing has ended and the Board may begin deliberations. BUDGET IMPACTS: None ATTENDANCE: Audrey Stuart, Associate Planner MEMORANDUM TO: Board of County Commissioners FROM: Audrey Stuart, Associate Planner DATE: August 13, 2024 SUBJECT: August 21 st Deliberations for Appeal of Psilocybin Service Center The Board of County Commissioners ("Board") is conducting deliberations on August 21, 2024, to consider an appeal of a Hearings Officer Decision denying a request for a psilocybin service center. The subject request is for a Conditional Use Permit and Site Plan Review (land use file nos. 247-23- 000614-CU, 247-23-000615-SP). I. BACKGROUND The Applicant requests a Conditional Use Permit and Site Plan Review to establish a psilocybin service center at Juniper Preserve (formerly Pronghorn) destination resort. The subject property is zoned Exclusive Farm Use and Destination Resort Combining Zone and is located in the core area of Juniper Preserve. The applicant proposes to administer psilocybin to clients within an existing structure, under licensing from the Oregon Health Authority. A public hearing was held before the Deschutes County Hearings Officer on March 12, 2024, and a Hearings Officer decision denying the applications was mailed on April 29, 2024. The applicant appealed the Hearings Officer's decision on May 10, 2024 (appeal file no. 247-24-000292-A). At a work session on May 29, 2024, the Board voted to hear this appeal, and a second work session was held on July 1, 2024, to prepare for the public hearing. A public hearing was held before the Board on July 17, 2024, and the written record was left open for 21 days following the public hearing. II. PUBLIC COMMENTS Staff has received over 200 written comments over the course of this review. This includes 153 public comments that were received prior to the Hearings Officer hearing, 25 comments that were received during the subsequent open record period, and 63 comments that were received throughout the Board hearing process. Key issues raised by those in opposition included: 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 AZI (541)388-6575 @cdd@deschutes.org @www.deschutes.org/cd • The proposal's compatibility with existing Resort uses and functions; • The Resort's existing access across BLM land; • The proposal's compatibility with the Resort's Final Master Plan; • The Resort's distance from emergency services; • Impact to property values. Key issues raised in support included: • Appropriateness of the proposed location; • Community benefits of psilocybin treatment; • The proposed use is permitted in the zone and does not require a modification to the Resort's Final Master Plan, 111. BOARD DELIBERATIONS A member of the public requested that the Board reopen the public record pursuant to Deschutes County Code 22.24.160. Prior to beginning deliberations, the Board must vote on whether or not to reopen the record. If the Board votes to reopen the record deliberations will be postponed until after the new date set for receipt of testimony. If the Board votes to deny the request to reopen the record, deliberations may proceed at the August 215t meeting. If the Board finds that additional deliberations are necessary, the Board may schedule a future date r_._ _A A_I:I_ thn 0-A lur CUI IUI UCU UCIIUCI CWUs. liU C Board F: finds o additional itioaI delibera io s are necessary, UIG L UaI U may then vote on whether to approve or deny the subject application. Board Decision Matrix Staff prepared a matrix outlining key issue areas for the Board's deliberation. This matrix is included as an attachment, and provides additional review and discussion of the application's compliance with applicable approval criteria. As identified on the decision matrix, there are decision points for the Board to determine whether issues areas have been sufficiently addressed. IV. NEXT STEPS If the Board determines that additional deliberations are necessary, staff will work with the Board to schedule a future meeting for continued deliberations. If the Board concludes their deliberations during the August 21, 2024, meeting, the Board may then vote on whether to approve or deny the subject application. If the Board renders a vote during the August 21, 2024, meeting, staff will coordinate with the Board to return for a future meeting to review the draft decision and relevant exhibits. If appropriate, the first reading of the ordinance can be initiated at that time. VI. RECORD The record for File Nos. 247-23-000614-CU, 247-23-000615-SP, 247-24-000292-A are as presented at the following Deschutes County Community Development Department website: Page 2 of 3 https://www.d esch utesorg/cd/page/247-23-000614-cu-247-23-000615-sp-psilocybin-service- center--uniper-preserve Attachments: BOCC Decision Matrix Page 3 of 3 BOCC DECISION MATRIX Juniper Preserve Psilocybin Service Center Land Use File Nos. 247-23-000614-CU, 615-SP, 247-24-000292-A Issue Area Applicable Approval Applicant and Oppositional Responses Hearings Officer and Staff Board Decisions Criteria DCC 18.116.030(F)(1): Except for parking to serve The Hearings Officer (HOff) found the residential uses, an off- The Applicant asserts that adequate screening proposed screening along the south street parking area for more - - and buffering will be provided based on the boundary of the parking area is not than five vehicles shall be intervening distance, proposed landscaping, sufficient. The Hoff also found the effectively screened by a orientation of adjacent townhouses, and applicant did not provide sufficient sight obscuring fence when existing trees on the neighboring property to evidence to address the potential Does the applicant propose sufficient screening adjacent to residential uses, the south. conflict between these screening between the parking area and adjacent residences? unless effectively screened requirements and the clear vision area Does the site plan or buffered by landscaping Finally,` the applicant has indicated they. are required by DCC 18.116.030(F)(7). 1. If yes, the Board can continue reviewing the provide adequate or structures. amenable to a condition of approval requiring applications, and move to overturn the Hearings 1 screening of the additional trees to be planted if the Board The HOff found that DCC 18.124.060(G) Officers; denial and approve the application. parking area? DCC 18.124.060(G): Areas, determines it is necessary. cannot be met without also satisfying structures and facilities for DCC 18.116.030(F)(1). 2. If no, the Board can either: storage, machinery and Oppositional comments were generally directed ' A. Uphold the Hearings Officer's denial; or equipment, services (mail, at the overall compatibility of the service center Staff disagrees with the applicant's g pp B. Include a condition of approval requiring pp q g ,.. refuse, utility wires, and the " s with surrounding residences, and did not ,__� _..:_�:.__ ______:__ __ drgU(Tlent t(Idt eXIJAlll M tftf1111% V11 a �, ,:. .� additional landscaping on he subject properly. like), loading and parking specifically address screening of the parking neighboring property can be used to and similar accessory areas satisfy this criterion. Staff notes this and structures shall be area. neighboring property is not subject to designed, located and this land use review, and is not required buffered or screened to to maintain existing screening. minimize adverse impacts on the site and neighboring properties. 247-23-000614-CU, 247-23-000615-SP, 247-24-000292-A BOCC Decision Matrix BOCC DECISION MATRIX Juniper Preserve Psilocybin Service Center Land Use File Nos, 247-23-000614-CU, 615-SP, 247-24-000292-A Issue Area Applicable Approval Applicant and Oppositional Responses Hearings Officer and Staff Board Decisions Criteria Applicant comments assert the required clear Does the subject property contain a service drive clear vision area is located at the intersection of the vision area? service drive and parking area. Furthermore, to The Hearings Officer (HOff) found the the extent there is a conflict between the clear site plan did not identify the required 1. If no, the Board can continue reviewing the vision area and required screening of the clear vision area or provide enough applications and find that this criterion does not DCC 18.116.030(F)(7): parking area, the clear vision area takes detail. The Hoff did not identify the apply. Service drives shall have a precedence because it relates to vehicle and location of the clear vision area, but minimum vision clearance pedestrian safety. found that the portion of Nicklaus Drive 2. If es, is there sufficient evidence in the record Y Is the required clear q area formed b the y between the parking area and the to show that a clear vision area will be vision area provided intersection of the drivewav The applicant submitted a revised site plan nrn„ir�ori? 2 for the service centerline, the street right dated July 16, 2024, which shows two possible southwest corner of the subject property qualifies as a service drive. N......... drive? of way line and a straight locations of the required clear vision area. The A. If yes, the Board can continue reviewing the line joining said lines applicant submitted a memorandum from their Comments dated July 19, 2024, from applications, and move to overturn the through points 30 feet from traffic engineer, dated July 17, 2024, which the Deschutes County Transportation Hearings Officer's denial and approve the their intersection. asserts the clear vision area should be located at Planner concur with the analysis -.application. the entrance to the parking area. prepared by the applicant's traffic Oppositional comments generally did not engineer. B. If no, the Board may uphold the Hearings address the clear vision area or dispute its Officer's denial. location. 247-23-000614-CU, 247-23-000615-SP, 247-24-000292-A BOCC Decision Matrix BOCC DECISION MATRIX Juniper Preserve'Psiiocybin Service Center Land Use File Nos, 247-23-000614-CU, 615-SP, 247-24-000292-A Issue Area Applicable Approval Applicant and Oppositional Responses Hearings Officer and Staff Board Decisions Criteria Applicant comments assert: • The Board may interpret the geographic scope of this review and only consider Nicklaus Drive, the road immediately leading'' to the subject property. • The applicant is amenable to a condition of approval that the psilocybin service center Is analysis of the BLM ROW necessary to demonstrate will cease operation if BLM threatens to The Hearings Officer (HOff) finds the that the site is suitable for the proposed use based on revoke the ROW. Board has not previously interpreted transportation access? • The Hoff incorrectly interpreted the terms . the geographic scope of DCC of the ROW, which is a third -party contract. 18.128.015(A)(2). The HOff found that 1. If no, the Board can continue reviewing the Any arguments regarding BLM revoking the BLM ROW was addressed in the applications, and move to overturn the Hearings DCC 18.128.015(A)(2): The access to the resort are speculative and application materials and was subject to Officer's denial and approve the application. Is transportation site under consideration requiring interpreting a contract, which is this criterion. access adequate? shall be determined to be outside of the bounds of this land use 2. If yes, is transportation access adequate based The use requires suitable for the proposed application. The Hoff concludes the site is not on both the physical capacity of the surrounding transporting psilocybin across a uac ua�cu VI uic ivnvvvni� ,„ , a rauvcybin aiiu ca1inauw iacnnic5 are „+�4,1�, 4, ,� ,.J ,.. +r ,.,gyp, +o+;r oar aunau1c ua�cu vie uaii�N�I Lauvii u..�.�.00 rnorhAinxi nnrl thin nrn.rici nc of the BLM R(l�A/? ,vu..vvuy u��a.� F,�.,.� .,� ���., �....�. Bureau of Land factors: permitted uses in DCC despite federal because use of the ROW requires illegality. compliance with federal laws; federal A. If no, the Board may either: Management (BLM) Adequacy of transportation law prohibits transporting psilocybin 1. Uphold the Hearings Officer's denial or right-of-way (ROW). access to the site Oppositional comments assert: across BLM property; and the applicant 2. Impose a condition of approval + It violates federal law to transport psilocybin intends to transport psilocybin across requiring the proposed use to cease across the ROW into the destination resort. federal land. The Hoff asserts that their operation if BLM revokes the ROW. • BLM may revoke the ROW easement if findings are case -specific and do not psilocybin is transported over it, which preclude approval of psilocybin facilities B. If yes, the Board may move to overturn the would remove transportation access for the under different circumstances. Hearings Officer's denial and approve the entire resort. application. • This criterion does not specify that it is limited to 'direct' access, and the review is not limited to Nicklaus Drive. • Staff from BLM were acting in their official capacity when they submitted comments on this application. 247-23-000614-CU, 247-23-000615-SP, 247-24-000292-A BOCC Decision Matrix W H m X W PLANT IDENTIFICATION KEY IT -1-1 TREHULp— w ABPEN i - @NJB PONt'.ER03A - PONDERC A FlNE PE PKEA EnGELHANIia ENGE-- SPRUCE PP - ..c a w+G ns G uc rn�PtRnoo BLUE 9PkE�[ - nvB cariOR..B - LooGEPOLE PNE PVG PRJNUB vRG NIArvA�CNCGE CHERRY INTERIOR BIKE PARKING X 5 STREET LIGHTS (EXSTG.) ® PATH LIGHTS (EXSTG.) M CAMERA5 (PROPOSED) ■ ALARM / PANIC BUTTONS (PROPOSED) PROPOSED LIGHT r� © PROPOSED ELECTRICAL VEHICLE CHARGER TREES IN CLEAR VIEW AREA ARE TO 5F PRUNED UP TO 8 FRONIGHORN GOLF LLG. NOTES: PROPRt1 LINE APPLICANT REQUESTS TO INCREASE FRONT YARD SETBACK -� ALL LANDSCAPE EXISTING AND PROPOSED TO EsE IRRIGATED AND MAINTAINED 29% LANDSCAPE COVERAGE EASED ON 8.4 ACRES NEWLY INSTALLED WALKING PATH5 TO BE 10 WIDE MINIMUM 5" LANDCAPE 5ED5 21`ROAD 711 �_0�i