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HomeMy WebLinkAbout2015-04-08 Business Meeting Minutes Minutes of Board of Commissioners’ Business Meeting Wednesday, April 8, 2015 Page 1 of 19 For Recording Stamp Only Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, APRIL 8, 2015 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Anthony DeBone, Tammy Baney and Alan Unger. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, John Laherty and Laurie Craghead, County Counsel; Nick Lelack, Anthony Raguine, Peter Gutowsky and Will Groves, Community Development; Chris Doty, Road Department; and about fifteen other citizens. No representatives of the media were present. Chair DeBone opened the meeting at 10:00 a.m. __________________________ 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Bob Perry of the Redmond Patriots and Redmond School Board said he supports John Shepherd’s application. He said he was present to talk about the proposed new Sheriff, Shane Nelson, who is an unbelievably kind and experienced person and Mr. Perry was shocked at what was in the Bulletin this morning. Capt. Nelson is being considered a culprit and the prisoner a victim. He feels it was the prisoner’s own actions with drugs that got him into trouble, not Capt. Nelson. Minutes of Board of Commissioners’ Business Meeting Wednesday, April 8, 2015 Page 2 of 19 __________________________ Chair DeBone said that item #11 will be removed from the agenda until a later date to do some additional research on a few of the properties. He noted that item #7 will be pulled from the consent agenda and the Board will address it after item #4. __________________________ The Board celebrated Geri Hauser’s twenty years of service to the County. Joe Sadony said that he appreciates having her on the I.T. team. Ms. Hauser said she is a GIS specialist and worked on the GIS program from the beginning, and enjoys being with the County. 3. Before the Board was Consideration of Board Approval of Document No. 2015-184, a Services Agreement with Parametrix to Perform Engineering, Design and Right-of-Way Acquisition Services for the Powell Butte Highway/Neff Road/Alfalfa Market Road Intersection Improvement Project. Chris Doty stated that this company has a core team that is very experienced in developing roundabouts, and now has a local office. W&H Pacific agreed to terminate the previous agreement, and Parametrix will comply with the scope of the project. UNGER: Move approval of Document No. 2015-184. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. 4. Before the Board was Consideration of Second Reading by Title Only, and Adoption of Ordinance No. 2015-002, Amending Code to Add a Manufactured Home/RV Park Use. Peter Gutowsky provided a brief overview of the Ordinance. There were some clerical errors found between the first and second readings, but they are not substantive. Minutes of Board of Commissioners’ Business Meeting Wednesday, April 8, 2015 Page 3 of 19 BANEY: Move second reading of Ordinance No. 2015-002. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. Chair DeBone conducted the second reading by title only. BANEY: Move adoption. UNGER: Second. VOTE: BANEY: Yes. UNGER: No. (Split vote.) DEBONE: Chair votes yes. Commissioner Unger said he supports the idea but does not support the location due to traffic issues. 5. Before the Board were Deliberations on a Conditional Use Permit (247-14- 000 228-CU and 229-SP) to Establish a Private Park on an EFU-Zoned Parcel East of Sisters for the Purpose of Hosting Weddings, Wedding Receptions, Special Events, and Recreational Activities. Will Groves gave a brief overview of the item. He referred to a matrix with the decision points. __________________________ Item #1: This is the standard for activity on the least suitable ground, and is beyond what the State requires. The private park is a use that has no legal connection in Code and staff believes it does not apply in this case. He recommended that the Board adopt staff findings. Commissioner Baney stated that she does not disagree, but believes the intent is to protect the highest value land, and she would be hard pressed to find suitable land in general on that property. None of it is high value farmland. Unger agrees with staff findings, and concurred that this land does not reflect those values. UNGER: Move adoption of staff findings. BANEY: Second. Minutes of Board of Commissioners’ Business Meeting Wednesday, April 8, 2015 Page 4 of 19 VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. __________________________ Regarding item #2, agri-tourism activities, Mr. Groves said that staff feels this was not meant to preclude private park weddings. The opponents disagree. Staff recommends adoption of staff findings. Commissioner Baney noted that she wished there had been a viable path, but agrees with staff. Commissioner Unger added that agri-tourism statute reflects statewide needs and not necessarily those of Deschutes County. UNGER: Move adoption of staff findings. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. __________________________ Mr. Groves said that item #3 relates to a significant change on surrounding farm use, such as noise impacts on livestock or traffic impacts. The transportation planner has indicated it is adequate, and that staff should include a document relating to noise effects, and noted livestock would not be harmed per the study. The distance reduces the noise volume. The applicant added another study to support this. Commissioner Baney stated that if there was daily activity, it might be different. She agreed because there is a limited number of events and not year - round. Commissioner Unger added that there is not much out there to impact. UNGER: Move adoption of findings that the record demonstrates that the park will not force a significant change on surrounding farm use. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. __________________________ Minutes of Board of Commissioners’ Business Meeting Wednesday, April 8, 2015 Page 5 of 19 In regard to item #4, use of dwelling as part of the park facilities, the opponents feel this falls under home occupation. Staff feels that this is an occasional use, and home occupation is not a suitable definition. Commissioner Unger said that with limited use, it is not an issue. The applicants need to have all the necessary permits. Commissioner Baney stated that she did struggle with this. She had to view it from the home occupation wording. Eighteen days out of 365 is not a primary use, and she agrees it is a secondary piece. Chair DeBone noted that residential is very different from commercial use. This is not a commercial facility, and the permits will define what can and can’t be done. The suggested motion addresses health, safety, etc. BANEY: Move adoption of staff findings, and also find that the dwelling may be used as part of the private park as proposed, as long as necessary permits from Deschutes County Environmental Soils, Environmental Health and the Building Safety Division are obtained prior to initiation of the use. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. __________________________ Item #5, using cinder as all-weather surface, was addressed. Mr. Groves stated that normally commercial activity requires paving of parking and access. It can be all weather, which is usually thought of as gravel. The applicant said that Buckhorn Road and others use cinders. Per the transportation planner, this is a policy decision, and others are worried about setting precedent. The main concern voiced about parking is that it will flow out to a public street, but there is a long driveway and additional lawn for parking. He suggested the Board adopt staff findings. Commissioner Unger said the standard is an all-weather surface. He does not agree that cinder holds up. Chair DeBone asked about the cinders on Buckhorn, and noted that there are different kinds of gravel. Mr. Groves stated that Buckhorn is a low-travel road, upgraded from dirt. The transportation planner felt cinders would not hold up on the property with up to 100 cars in a day. Minutes of Board of Commissioners’ Business Meeting Wednesday, April 8, 2015 Page 6 of 19 Commissioner Unger said that it appears the County’s desire for crushed rock is not on the schedule for Buckhorn. Commissioner Baney stated that if this is a standard, it should be met as a conditional use. BANEY: Move adoption of staff findings. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. __________________________ Mr. Groves said that item #6 also involves the uses of a private park. The hallmark is recreational use. Receptions & non-wedding events are considered recreational, with weddings as incidental. Staff and Counsel feel that it does not need to be narrowly construed. The opponents say it is commercial and should be construed more narrowly. Staff feels this is a park and the activities are primarily recreational. They recommend adoption of staff findings. Commissioner Unger said that it is frustrating that the State does not give a clearer definition of park. The Coos County case sets a low bar for private parks. He wondered if this will open up more applications, but feels this meets the standard. Commissioner Baney stated that this was a very difficult journey b ecause of the State’s lack of clarity. The consideration for her is the size of the property itself and the fact that there was no opposition from neighbors, along with mitigation of noise and traffic, and the uniqueness of this property. Originally she was stuck and could not get there. The definition of a park fits, however. When there is a reception, there are park like activities going on, and they also note scenic purposes. The definition of wedding is the attendant festivities. In this case, she feels it meets the threshold. Commissioner Unger noted that the poor soils lend it to very few other uses. Commissioner Baney agreed that it is very different from the west side of the state. However, things are changing one land use application at a time, while instead the State needs to do more to help with this. This is what happens when you have one set of land use laws over a very diverse State. Minutes of Board of Commissioners’ Business Meeting Wednesday, April 8, 2015 Page 7 of 19 UNGER: Move adoption of staff findings and find that nothing in statute requires construing ‘private park’ narrowly under Utsey v. Coos County. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. __________________________ Mr. Groves noted that the third item under #6 is somewhat technical. There are questions on existing approvals on the property, which has a farm management dwelling. There is no good case law on this. Staff feels the farm dwelling is a snapshot in time, and that they don’t need to go back and make sure someone is farming from that point on. Staff is concerned that this bold statement may mean a broader legal question, so developed a ‘dodge’ for this issue. Staff recommends a revision that whatever farming goes on there, past, present or future, that the park not interfere with this. Commissioner Unger said that this land is difficult to farm, and much different than what other decisions have dealt with. He agrees the three bars should be met. Commissioner Baney agreed with staff findings that this will not interfere with the ability to farm. BANEY: Move that the Board find that: 1) as part of this case, the Board needs not evaluate current compliance with the 2001 FMP or determine if CU-00-65 requires the resident of the farm dwelling to continue to be principally engaged in farming at a commercial scale; and 2) the proposed park use would not preclude or significantly interfere with the farm use described in the 2001 FMP, the current farm use of the property, or the desired future farm operations described by the applicant since the park and these farm uses are spatially and/or temporally separated. As such, farm and park uses are harmonious under 18.124.060 and the site is suitable for both uses under 18.128.015. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Wednesday, April 8, 2015 Page 8 of 19 __________________________ Item #7, the wildlife management plan, is now being modified. Mr. Groves stated that the opponents felt the original would have little road usage. Staff found that under the 2001 WMP this would not interfere, and it is for the benefit of winter deer migration; and the park will operate outside of that season. If the WMP is modified and adopted, the traffic issue will be omitted. Commissioner Unger said that the new plan is better than the old one, in collaboration with the Oregon Department of Fish & Wildlife. Summer uses will mean no conflict. Commissioner Baney added that she appreciates the applicant wanting the WMP being improved over the vague old one. BANEY: Move adoption of staff findings. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. __________________________ Items #8 deals with concerns of the Board, to amend condition #9, regarding events on weekend days, Saturday and Sunday, only. BANEY: Move that the Board amend condition #9 to specify that a ‘weekend day’ is a Saturday or Sunday. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. __________________________ Regarding set up and cleanup times, staff recommends a clause from the agri- tourism bill, that this activity can occur one business day prior and one after. Commissioner Unger noted that this is a good condition to have in place, not just specifically for this property. BANEY: Move that the Board finds that analysis of compatibility of the proposed park with farm use of the property, residential use of the property, and wildlife impacts require the events to be of limited duration. To ensure that the all event activities are of limited duration, the Board adds the following condition of approval: Minutes of Board of Commissioners’ Business Meeting Wednesday, April 8, 2015 Page 9 of 19 “Set-up and take down of all temporary structures and facilities shall occur up to one business day prior to the events or activities and one business day after the events between 7:00 a.m. and 10:00 p.m.” UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. __________________________ Item #10 relates to noise control, DCC 808 and the application. Staff recommends conditional approval that it does not waive or give a variance to any rules regarding noise control. The Sheriff has a reasonable ability to address this issue. Commissioner Unger said there has been testimony over the years noting that noise can be a concern in some situations. UNGER: Move that the Board adds the following condition of approval: “Nothing in this decision waives compliance with or acts as a variance to the requirements of DCC 8.08, Noise Control.” BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. __________________________ Mr. Groves stated that item #11, condition #2 of the approval relates to permits from environmental health. The Board wanted this to be explicit, so it was expanded to make it clear that planning will be looking to each division to be sure that all conditions are met before the property is used as a private park. Commissioner Baney added that there are a lot of health and safety considerations for this kind of use, and she is sure the applicant wants the same. BANEY: Move that the Board amend condition #2 as follows: “The applicant shall obtain all necessary permits from the Deschutes County Environmental Soils, Environmental Heath, and the Building Safety Division prior to initiation of the use. Specifically, the applicant shall provide written documentation from these agencies Minutes of Board of Commissioners’ Business Meeting Wednesday, April 8, 2015 Page 10 of 19 that all park structures and facilities are adequate for the proposed park use and will comply with all applicable regulations, prior to initiation of the use.” UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. __________________________ Mr. Groves said that staff will draft a final document for Board review and signature. Commissioner Baney indicated that the matrix was very helpful. It was not an easy task to get to this point. She wants to support the community and the applicant, but they also need to address other responsibilities regarding agricultural lands and more. Chair DeBone added that the matrix makes it much easier for all to follow. Commissioner Unger said that he is also concerned as they move forward, anticipating the next request and how to prepare for it. Commissioner Baney said that in regard to land coming out of tax deferral, the applicant needs to work with the Assessor. The decision to her is based on the entirety of the land, and the neighbor support was important. Commissioner Baney asked about camping and RV use. Mr. Groves replied that this was expressly denied by staff and the applicant indicated they will not perform this activity. Commissioner Unger hopes that denying camping or overnight use does not create a situation when a person who should not drive feels they have to. He hopes there is flexibility in not putting someone in harm’s way. Mr. Groves said that they can’t offer this as a feature but emergency comfort is not a fee service. He doubts that they will get Code enforcement calls on this. They just can’t establish a campground. Commissioner Baney added that they will also need to comply with OLCC requirements regarding serving alcohol at events. Nick Lelack stated that Mr. Groves has set the new standard, with sample motions for the Board plus the analysis to make it easier for all to understand. Other jurisdictions have asked about this decision-making tool. Commissioner Unger noted that this also helps to build a good record. Minutes of Board of Commissioners’ Business Meeting Wednesday, April 8, 2015 Page 11 of 19 6. Before the Board was a Public Hearing, and Consideration of First and Second Readings, by Title Only, and Adoption by Emergency of Ordinance No. 2015-004, Amending Code to Define, Permit and Establish Standards for Medical Marijuana Dispensaries in Conjunction with State Law. Mr. Lelack gave a brief overview of the Ordinance, with the use of a PowerPoint presentation. Chair DeBone opened the public hearing and the opening statement was given. The Commissioners had nothing to disclose as to bias or conflicts of interest. No challenges came from the audience. The County is looking at the governing rules as set out by the State, and the Ordinance would directly implement those in State law. Commissioner Unger asked that if someone obtains a license, would this preclude others from doing the same. Mr. Lelack replied that the person getting the license has to establish the use and has two years to do it. Otherwise it would be the equivalent of a moratorium. Mr. Groves added that this raises some legal questions, such as having two applications come in during a single day. The State has not given any direction on this. Mr. Lelack referred to an oversized map showing where buffers may be located because of the presence of schools. Some language was previously proposed by staff but it directs back to State law. There may be changes at the State level so if the County follows the lead of the State, County laws would also change at the same time. He explained that the County originally thought this use would be appropriate within the EFU zone, but was notified that EFU is not eligible. Residential land is off limits as well. Rural service centers, rural industrial and Sunriver may be appropriate. He provided some history on the Planning Commission meetings. They felt that the hours of operation should align with the hours of liquor stores, 10 AM to 7 PM instead of 7 AM to 10 PM. There was discussion about additional buffer areas such as private schools, daycare facilities, the Boys & Girls Club, parks, churches and other facilities, but no action was taken on this. Minutes of Board of Commissioners’ Business Meeting Wednesday, April 8, 2015 Page 12 of 19 Chair DeBone asked if this could be excluded from any other zone. Mr. Lelack said the Board can be more restrictive than State law, but prohibiting this use outright would require a vote of the people. Other counties are taking a risk by extending the prohibition for a longer period of time. David Doyle said the safe harbor is State law; otherwise they could be in the crosshairs of litigation. Representatives of the Health Department, Julie Stockman and Jessica Jacks, shared some ideas of how land use connects with public health and welfare, as well as other parts of Code. They recognize that a preventative approach needs to be comprehensive, and land use is part of this. The County has already been proactive in this regard, concerning health, safety and land use. They provided a handout at this time. (PowerPoint) They see both 8th grade and 11th grade student use of marijuana increasing due to additional access and changing community norms. Oregon has a higher use in youth than most other states. The THC level has increased in potency over the decades so the drug is not what it used to be. Research shows the vulnerability of youth from a health perspective, and substances such as this have a negative impact on overall health. Health services will continue to be concerned about this. Ms. Jacks stated that they know enough about marijuana to make some informed decisions about public health and safety. It should not be driven by profit. They concur with the Planning Commission regarding the hours of operation and density. Prevention includes restricting locations to where minors do not congregate, or near treatment centers. Other items not present but could be considered are age restrictions, security, disposal, employee training, manufacturing and advertising. They will be looking for opportunities for future discussion. Ms. Stockman stated that there are other types of youth-oriented locations, and while there is a licensing process for child care, etc., there are some caveats as to how this information is available to the public. It is a bit cumbersome, so she has asked for more detail. Licensed establishments have to be registered with the State, but the information can be harder for the average person to find. Chair DeBone opened the meeting up for public testimony. Minutes of Board of Commissioners’ Business Meeting Wednesday, April 8, 2015 Page 13 of 19 Michael Hughes said he is an attorney and a former farmer. He learned about hemp at an early age and has studied cannabis law and production. He said the Planning Commission did a thorough job and agrees with the time restrictions. This is generally a cash-only business at this point, and there could be safety concerns in that regard. They may even want to have them close business at dusk. Regarding the use on EFU land, he feels it should be permitted like a food stand, but a conditional use permit would be appropriate. The only time he sees this come into play is if they have manufacturing on site . There may be other models calling for this in the future. The State provides for a 1,000 foot buffer, but he does not necessarily agree about additional buffers. This goes back to the days when people were dealing hand to hand, recruiting and selling to kids. That is the black market component. He suggested they don’t zone everything out. There will not be a lot of demand for dispensaries in outlying areas. He asked the Board to reconsider the advice from AOC in general. They are a little bit more gung-ho regarding litigation. They need to look at mitigating the damages caused by intoxicating substances. He does not drink but sees most problems in this regard relate to alcohol. Breweries are a big deal in this area. He is concerned about impaired people driving, but it is part of freedom. He asked the County to consider this as an industry like any other. Brad Weide stated that he manages a dispensary in town. He is concerned regarding the hours of operation if they are in a rural area. However, in town, they need to understand the industry. Initially this was to provide medicine for those who are ill. He has been involved for four years and has seen why most people use it. It is not so much for recreation. To limit hours in town is not warranted. His store is open from 9 AM to 9 PM. There is a difference between Measure 91 and recreational use, and medicinal use. They have different clients. The Health Department brought up the strength and potency of cannabis. This is beneficial for medical use because it means less plant matter has to be smoked. There are other products used to deliver the cannibis and this includes edibles. They do not serve children. Mr. Lelack stated that the proposed hours of operation would only apply outside of the cities. The County has no jurisdiction over the areas within the cities. Minutes of Board of Commissioners’ Business Meeting Wednesday, April 8, 2015 Page 14 of 19 Commissioner Unger said there is a moratorium in place that expires soon. He asked if all agree that they should move forward. Mr. Lelack said that if there is a lack of agreement, the ordinance would not take effect for about four months. It would take separate first and second readings, and a 90-day delay until implementation. In the meantime, people could apply for something during that time, and it would be hard to regulate. Commissioner Baney noted that she has a family member benefitting from this medication through a chocolate product. What concerns her is not the med ical marijuana use, but what the State may do through its political will, utilizing this to dispense whatever. She asked if they could allow recreational sales at the same sites as well. Some weird things come out of Salem and she is concerned about the distribution issue. It is hard to unwind a decision. Her inclination is to look at including daycare and parks or other places where children will be in the buffer area. She would like to wait to see how the State will act in this regard. She does not have an issue with a medical marijuana dispensary near these facilities, but she is worried about the State allowing these same locations to sell recreational marijuana. She would like to be more conservative to start at least. Commissioner Unger said that this is medical marijuana with a limited audience. He is also concerned regarding the State. There is no clear direction. However, he does not want to end up with a hole in enforcement. He would like to follow State law at this point and be involved with the State on the other issue. He wants to go forward. Chair DeBone stated that Terrebonne and Tumalo would be more of a concern. Other areas are out there with nothing much around them. Commissioner Unger said they can make that change then. Commissioner Baney noted she has watched how little the Counties’ voice matters in Salem. She is active there and has seen how things work; but wants the Board to be unanimous. She asked if they can add restrictions around Terrebonne and Tumalo, in the areas in which children are primarily located. Commissioner Unger questioned how they could even identify those specific areas, if they are talking about daycare, parks and other locations. There could be numerous definitions. Commissioner Baney said that Tumalo is a small, condensed area. If the recreational drug is allowed to be distributed from there, they may have to worry about a daycare center in the area. Minutes of Board of Commissioners’ Business Meeting Wednesday, April 8, 2015 Page 15 of 19 Mr. Groves noted that daycare if the wrong target. Preschool children won’t be customers. Parks would be more of a potential problem. There seems to be concerns about a conversion of the use. Maybe they can make it clear that if a medical facility is permitted, that any conversion would be a change of use and subject to all provisions of that use. This is probably in place by default. They could have additional requirements when the use of a property changes significantly. The State may include restrictions regarding recreational use as well. The Commissioners agreed. Mr. Lelack asked about the shorter hours. Commissioner Bane said she likes Mr. Grove’s recommendation about limited hours. They have no jurisdiction over incorporated areas. Chair DeBone said that EFU is not on the table per the State. Laurie Craghead added that it is being debated. Mr. Lelack stated that the DLCD does not believe it is allowed and could challenge the Ordinance on that basis. Commissioner Baney said she thinks the farm stand or winery concept might come up. She would like to wait and go through this at a future date. Mr. Lelack stated that farm use land is appropriate, but not in the EFU zone per the State. The public hearing was closed, and the Ordinance with appropriate changes will be addressed at the April 22 business meeting. __________________________ This item was pulled from the Consent Agenda. 7. Board Signature of Document No. 2015-221, Findings and Decision on the Tumalo Irrigation District Land Use Compatibility Statement. Commissioner Baney said she had a question about the item so asked it be pulled from the Consent Agenda. John Laherty stated that on page 8 of the draft decision, regarding recreation - oriented facilities, the property is question has two reservoirs on it. The decision contained certain findings related to the use of the northerly reservoir for recreational purposes, and Commissioner Baney asked whether the decision should be specific regarding which reservoir. Minutes of Board of Commissioners’ Business Meeting Wednesday, April 8, 2015 Page 16 of 19 He proposed that they could remove reference of the northern reservoir, specifically on page 8, paragraph 3, where it is noted that the northerly reservoir has been used for paddle-boarding. This paragraph would be stricken. Page 8, paragraph 5, states that reservoir are recreation-oriented facilities requiring large acreage, as that term is used in DCC 18.60.030. This clause would be revised to reflect the southern reservoir. Likewise paragraph 6 states that the LUCS request mischaracterized the proposed use of the property by omitting any reference to the use of the reservoirs as recreation-oriented facilities. This should be changed to omitting any use of the southern reservoir as a recreational facility. Those changes referencing the northern reservoir as a recreation-oriented facility would be removed. Commissioner Baney said that the record really had to do with the southern reservoir, and the activities regarding motorized boats are more for a recreation- oriented facility. In the record, the northern reservoir did not reflect this kind of use. Commissioner Unger agreed. Chair DeBone asked what references paddle- boarding. Mr. Laherty said the northern reservoir information includes a photo of a dock with a paddle-board on the dock. Commissioner DeBone supported the changes. Mr. Laherty will draft the final decision with the changes as discussed. BANEY: Move approval of staff drafting the decision with the changes noted. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. __________________________ Commissioner Baney asked Mr. Laherty about phone calls relating to the TID decision. They are asking if there was activity occurring previously and the County was not paying attention. She has been advised that TID was cautioned not to make too much of an investment without permission. She asked if there was a letter to TID pointing out the process. Minutes of Board of Commissioners’ Business Meeting Wednesday, April 8, 2015 Page 17 of 19 Mr. Laherty stated he has discussed this with staff regarding concerns about K.C. Development Group spending resources towards a goal that ultimately may need permits and approvals. Staff felt they should be warned that this would be needed, and recommended they obtain those permits first to avoid the risk of spending resources on something that cannot be used. The work that had been done was allowed without permits, but further work may need approval. Legal Counsel sent the property owners a letter on July 25, 2014, informing them that the risk was theirs, and that the County’s decision on uses and permits was not going to include undue weight due to the fact that work had already been done. The property owner was aware as of that date that if there were future applications, the decision would not consider what they had already spent. Commissioner Unger noted that some people have complained this was allowed to move forward. However, he understands the County was aware of the activity and sent out an appropriate warning. __________________________ Before the Board was Consideration of Approval of the Consent Agenda. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. Consent Agenda Items 8. Board Signature of Document No. 2015-202, a Lease Extension with the State of Oregon, Department of Justice, Division of Child Support, for Office Space at 1300 NW Wall Street 9. Board Signature of Resolution No. 2015-020, Initiating the Vacation of a Portion of 17th St, Terrebonne 10. Board Signature of Order No. 2015-017, Vacating a Portion of 17th St., Terrebonne 11. Board Signature of Order No. 2015-020, Ordering the Sale of Certain Real Property Acquired by Deschutes County Minutes of Board of Commissioners’ Business Meeting Wednesday, April 8, 2015 Page 18 of 19 12. Approval of Minutes:  Business Meetings of March 25 and April 1, 2015  Work Sessions of March 23 and 25, and April 1, 2015 CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 13. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $39,029.72. BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 14. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $342.10. BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 15. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $1,719,026.60. BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. 16. ADDITIONS TO THE AGENDA None were offered. Being no other items brought before the Board, the meeting was adjourned at 12:02 p .m. DATED this Lf"!::-Day of ~/ 2015 for the Deschutes County Board of Commissioners. Anthony DeBone, Chair Alan Unger, Vice Chair ATTEST: ~~ Recording Secretary Minutes of Board of Commissioners' Business Meeting Wednesday, April 8,2015 Page 19 of 19 ------------------------------------------- --------------------------------------- BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest ~ 2{) (S---()O l( Date () 2> 4Pi<. 20 f ) Name /1lc hoe! /3/--£)(~5 Address 1/ 3.3 NW Wal( S-1rJ ( ~,1r 20 Z (3-ercJ ; , 0 R 9)){)} Phone #s S-t;!-f(/$-ft SCi, D In Favor ~ NeutrallUndecided D Opposed , Submitting written documents as part of t estimony? DYes D No /'" BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest »/1!e/.llr;lL , J~([O~ Date ~ Name ,/ill/J/J 1J/IfJl/)1} Phone #s E-mail address D In Favor D NeutrallUndecided D Opposed / Submitting written documents as part of testimony? D Yes D No /"" I SHEPHERD PARK DECISION MATRIX The Appellant's testimony identified several issue areas in the Staff Decision . These are summarized in the matrix below. 1. Issue Least Suitable Ground Information In Record Staff: The "least suitable" standard of DCC 1B.16.040(A)(3) does not apply to this application. Applicant: Applicant's biologist identified the park area as the least suitable for agriculture on the property . The suitability standard does not apply. Opponents: The exclusion of suitability requirements under 1B.16.031 must be a clerical error. These requirements should apply. Board Options a . Adopt staff decision findings, with or without modification. b. Find that the suitability requirements apply under 1B .16 .031. Staff Comment Staff Recommendation: Adopt Staffs findings on this issue . Sample motion for SOCC: "Move that the Board adopt the staff's findings." 2. Do Agrl.Tourism and Commercial Activity prOvisions preclude Private Park weddings? Staff: The allowance of wedding under Agri-Tourism and Commercial Activity provisions neither predudes nor was intended 10 preclude Private Park weddings. Applicant: No. Opponents: The Soard could choose to interprel County Code as providing Agri-Tourism and Commercial Aclivity as Ihe approp~ate . use categories for wedding in the EFU zone and disallow wedding In private parks . a. Adopt staff decision findings, with or withoul modification. b. Restrict EFU weddings to Agri- Tourism and Commercial Activitv Dermits. Staff Recommendation: Adopt Staff's findings on this issue. Sample motion for SOCC: "Move that the Board adopt the staff's findings." I 3 . Will the park force a significant in change on surrounding farm use? Staff: No traffic impacts were identified. Record shows no significant impact to livestock at anticipated noise levels. . Applicant: Provided a study on noise impacts to dairy use , showing no significant impact at BO decibels and below . Opponents: Insufficient analysis on noise impacts on livestock and traffic impacts. a. Adopt staff decision findings , with or without modification. b. Find that the record is insufficient on noise and traffic impacts to surrounding farm use. Staff Recommendation: Find that the record demonstrates that the park will not force a significant in change on surrounding farm use . Sample motion for SOCC : "Move that the Board find that the record demonstrates that the park will not force a significant in change on surrounding farm use." 4 . Can the dwelling be used as part of the Park FacilitieS? Staff: The occasional and voluntary use of the dwelling to support events at the park did not preclude or interfere with the use of the dwelling for residential or farm management purposes. Applicant: Structures are frequently found in parks. Compliance with building and septic codes will ensure the structure IS sUitable for this use. Opponents: No. Use of the dwelling would require a home occupation permit . This proposal represents a change of use from Ihe approved use as a farm dwelling. a. Adopt staff decision findings. wilh or without modification. b. Find that the dwelling may not be uses as a part of the private park. Staff Recommendation: Find that the dwelling can be used as part of the park facilities. as proposed . Adopt Staff's findings on the compatibility of the park use of the dwelling with the residential and farm management use of the dwelling. Sample motion for SOCC : "Move that the Board adopt the staff's findings and also find that the dwelling may be used as part of the private park, as proposed so long as necessary permits from the Deschutes County Environmental Soils, . Environmental Heath, and Building Safety Divisions are obtained prior to InitIation of the use .." S . Issue Cinder as an AII- Weather Surface Information In Record Staff: Cinder is not an all-weather surface that complies with the code . The proposed 95 parking spaces are adequate for the proposed use . Applicant: Cinder is allowed as a surface on County roads (like Buckhorn Road) with much higher traffic. Appellant: The applicant has proposed insufficient parking and an inappropriate parking surface (Cinder) . Board Options a. Adopt staff decision findings , with or without modification . b. Find that cinder is an all-weather surface. Staff Comment Staff Recommendation: Adopt Staff's findings on this issue . Sample motion for BOCC: "Move that the Board adopt the staff's findings." -_. -. -­ 6. 7. Is the Use a Private Park? Has the Applicant complied with the 2001 FMP? / Does the 2001 FMP still apply? Is the park consistent with the 2001 Wildlife Management Plan (WMP)? Staff: Following the Hearings Officer's Analysis in CU-13-13, staff believes that the hallmark of a park is recreational use. The receptions are plainly recreational and the very brief wedding ceremonies are incidental and subordinate to that use. As stated in Utsey, nothing in the statute requires construing ·private park" narrowly. Applicant: Concurs with staff. The reception uses are the same one would observe in a typical park on the weekend during the summer. Opponents: No. Oregon Court of Appeals found EFU uses should be construed narrowly. Even if recreation is allowed, this is a commercial event center. The findings from CU-13-13, do not apply as the facts of that case were different. Staff: The 2001 FMP was required as part of the dwelling approval (CU-00-65). II is unctear, under ONDA v. Harney County, if the resident of the farm dwelling is required to continue to follow the prior FMP or continue to be principally engaged in farming at a commercial scale . The Board need not decide this issue as part of this case. Staff recommends the Board revise the administrative decision; Applicant: Nothing requires the applicant to continue the activities described in the 2001 FMP or risk losing their dwelling. Opponents: Commercial scale farming is not occurring on the property . Commercial scale farming must be continued by an owner principally engaged in farm use. If this is not occurring, a non-farm dwellinQ application is a possible remedy. Staff: The administrative decision found that the private park, as conditioned, would be compatible with either the 2001 WMP or the proposed modification (247-14-000401-MC), if approved . Applicant: Concurs with staff. Opponents: Does not comply with the "very little road usage " provision of the 2001 WMP . a . Adopt staff decision findings, with or without modification. b. Find that the proposed use is not a private park. a . Adopt staff decision findings, with or without modification. b. Find that demonstrated adherence to the approved FMP is required as part of this application. a . Adopt staff decision findings, with or without modification. b. Find that the park in snot compatible with the 2001 WMP . I Staff Recommendation : Adopt Staff's findings on this issue. Find that, per Utsey v. Coos County, nothing in the statute requires construing "private park" narrowly. Sample motion for BOCC : "Move that the Board adopt the staff's findings and find that nothing in the statute requires construing "private park" narrowly under Utsey v. Coos County." Staff Recommendation: Staff recommends the Board revise the administrative decision . Sample motion for BOCC : "Move that the Board find that: 1) as part of this case, the Board need not evaluate current compliance with I the 2001 FMP or determine if CU'()0-65 requires the resident of the fann dwelling to continue to be principally engaged In farming at a commercial scale, and 2) the proposed park use would not preclude or significantly interfere with the farm use described in the 2001 FMP , the current farm use of the property, or the desired future farm operations described by the applicant since the park and these farm uses are spatially and/or temporally separated. As such, farm and park uses are hannonious under 18.124.060 and the site Is suitable for both uses under 18.128.015. Staff Recommendation: Adopt Staff's findings on this issue . Sample motion for BOCC: "Move that the Board adopt the staff's findings." I 2 ~ Issue Information in Record Board Options Sta ff Comment 8 ' Amend Condition 19 Staff: Based on Board concerns at the hearing, amend Condition #9 . a. Amend Condit ion #9 b. Decline the amendment. Staff Recommendation: Staff recommends the Board revise the administrative decision. Sample motion for BDCC : "Move that the Board amend condition 19 to specify that a "weekend day" Is Saturday or Sunday." 9 • Set Up and Clean Up Staff: The Board expressed concem regarding the potential for the limited duration events to extend into several days when set-up and take down are included. Staff recommends copying the Agri- Tourism requirements . a. Apply Agri- Tourism provisions. b. Decline the new condition of approval. Staff Recommendation: Staff recommends the Board revise the administrative decision. Sample motion for BDCC : "Move that the Board finds that analysis of compatibility of the proposed park with farm use of the property, residential use of the property, and wildlife impacts require the events to be of limited duration. To ensure that the all event activities are of limited duration, the Board adds the following condition of approval: Set-ue and take down of all temeora!l! structures and facilities shall occur ue to one business dallerior t2 the events or activities and one business dall aner the events between 7:00 a.m. and 10:00 D.m." 10 DCC 8.08, Noise Control. Staff: Based on Board concerns at the hearing, add the following condition : Nothing in this decision waives compliance with or acts as a variance to the requirements of DCC 8.08 , Noise Control . a. Apply the condition of approval. b. Decline the new condition of approval . Staff Recommendation: Staff recommends the Board revise the administrative decision . Sample motion for BDCC : "Move that the Board adds the follOWing condition of approval: Nothing In this decision waives comeliance with or acts as a variance to the reauirements of DCC 8.08 Noise Control." 11 Amend Condition #2 Staff Recommendation: Based on Board concerns at the hearing, amend Condition #2 as follows for clarity. ---­-­-----­._--­ a. Amend Condition #2 b. Decline the amendment. - Staff Recommendation: Staff recommends the Board revise the administrative decision. Sample motion for BDCC : "Move that the Board amend condition #2 as follows: The applicant shall obtain all necessary permits from the Deschutes County Environmental Soils, Environmental Heath, and Building Safety Divisions, prior to initiation of the use. Seecifical!ll, th! aeelicant shallerovlde written documentation from Deschutts Coun!;ll Environmental §oils, Environmental Heath, and Buildi ng Sa!!!;ll Dlvlsi2ns to Deschutes Coun!;ll Planning Division that alll!i!rk Itructurel and facilities are adeguate for the I!roeosed I!ark use and coml!!ll with all al!ellcable regulations, erlor to Initiation ofthe use." --­--­---­ 3 4/8/2015 Preventing Underage and Adult Marijuana Abuse By Jessica Jacks, Prevention Coordinator Julie Spackman, Community Project Coordinator April 8, 2015 To Promote and Protect the Health and Safety of Our Community Deschutes (ou nty Het:Jith Service'S • r ~. "II , 1 4/8/2015 Newberry Country Comprehensive Plan • Land Use- Business practices which negatively impact substance abuse. • Economic Development ­ Encourage business support and participation in substance abuse best practices which foster a successful youth and a strong employment base. Oe>ehute, County Health Serv ice s '11, ' Io A't 2014 Substance Abuse Rates Deschutes County 8th Grade Deschutes County 11th Grade 50 50 43.945 45 ., 35 35 "" 30~30 I: 23.415~ 25 20i 20 '#. 15 15 11.2 10 8.7 7.110 10 3 2.3 2.5 1.5 Cigarettes Alcohol Marijuana Prescription Illicit Drugs Cigarettes Alcohol Marijuana Prescription Illicit Drugs Drugs Drugs • Deschutes • Oregon 2014 Oregon Student Wellness Survey Deschutes (OUllty Health ServICes ·!'II.1. t ' .! JIIt 2 4/8/2015 Ages 12 to 17-Past Month Mj Use SAMHSA , Center for Behavioral Health Statistics and Quality, NSDUH , 2011 and 2012 De\chutes Co unty Hea lt h Se rvlce'i , I I' Figure 1. Marijuana use during past 30 days . by age group, Oregon. 2002-2011 30 ~------------------------------­ 25 +----------,,---" , , ~ l S-k5 ye ars ,--.. .. _ 20 +----.......,;----.....:.-----"..,.., .,:.,-­ t: G) ~1 5 +-----------------­ G) 0.. 10 +-=s:~~~------=... ...........-.... -~ --.-------....... -_.... ... 5 +----=---------------------~~~ Oregon CD Summary: Mariiuana Use In Oregon : What We Know and What We Don't; June 17, 2014, vol. 63, No. 12 De'i chute s County Heal th Se rvr ce~ ... I ~ .• to 3 4/8/2015 Average THe and CBD Levels in the US: 1960 -2011 ... t z ~ 2 <t Z <t ::l ~ lD . , ~... ..,IJOtMl(,l~Gt04THC.llldOltnllf~.C ~~~1t1)m 't'llf.o)DOlU'OHMItSd.Sos!",,_XUtl'ol(li 9. s~ Desc hutes Co unty Hea lth Servlce5 .. , -I• • Why Does This Matter • Impacts brain development • Reduces IQ • Addictive • Potency has increased over time • Impaired judgment • Carcinogenic • Cost to society (environment, treatment, social costs) Desc hutes County Health ServICe s ;:>:..Jollc .... t'd pi 4 4/8/2015 Effective Prevention Strategies • Licensure and Operations • Manufacturing • Advertising and Promotion • Possession • Security • Enforcement • Community education • Evaluation and Monitoring Deschutes County Hea lth Services J_ j, " Time and Place • Limiting hours of operation • Density limits • Location restrictions in proximity to schools, parks, public transit centers, treatment facilities and recovery support centers De"hutes County Hea lth Service, L..Jl -,.' 5 4/8/2015 Manner • Age restrictions • Security • Disposal • Employee training • Manufacturing • Advertising Deschute, County Health Service, ~I I-, ,!, Many thanks! Deschutes County Health Services }: ~LI ,. tl ... ~ It f 6 POLICY BRIEF : YOUTH MARIJUANA PREVENTION '\i'l c~ ',:', Policy Brief: Youth Marijuana Prevention Considering Health Implications on Youth Related to Medical Marijuana Dispensaries Introduction The Oregon Legislature passed House Bill 3460 during the 2013 Legislative Session, legaliz ing the sale of medical marijuana through Medical Marijuana Dispensaries (MMD). During the 2014 session the legislature passed Senate Bill 1531, allowing governing bodies of cities and counties to adopt ordinances that impose reasonable regulations on the operation of medical marijuana facilities . The bill allowed local jurisdictions to enact a temporary moratorium, or ban, on MMDs through May 2015 . Deschutes County and all other cities within the County enacted a moratori um except Bend . Research shows that increased availability of any legal or illegal drug will increase use among youth.1 This analysis provides an overview of current medical and recreational marijuana use in Deschutes County as well as policy recommendations to st rengthen existing laws that would further limit youth access . Recommendations Availability and Density • Reduce availability through local bans or regulat ion . When a drug is made more available whether legally or illegally in a community, youth access and abuse increases . • Establish a per capita dispensary limit and spacing of 1,000 ft. between dispensaries. • Prohibit dispensaries from within 1,000 ft. of locations where kids are known to frequent including schools and parks. Marketing and Promotion • Ensure that packaging, marketing and placement within and outside a business does not influence minors . Consider similar approaches that have been used with alcohol and tobacco . • Prohibit THC (delta-9-tetrahydrocannabinol responsible for the drug's psychotropic, mind ­ altering, effects) infused products that are attractive to youth. For example, lollipops, soda, gummy bears. 1 Hawkins and Catalano, Risk and Protective Factor Theory Employee Training • Require credentialing and training for employees who dispense medical marijuana, similar to pharmacy technicians and staff. • Prohibit employees from working under the influence of marijuana similar to restrictions placed on alcohol servers. Community Education • Provide consistent information to customers at the point of sale on the risks of youth marijuana use and ways to keep drugs in a secure locati on. • Support prevention education to the community about marijuana and other drugs and how to uphold successful and resilient youth. Background Most youth begin using marijuana between the teen years into the early 20's, when the brain is still developing .2 When psychoactive drugs enter the brain , normal brain functioning is interrupted and there is a change in brain structure and performance . These changes are what impact physical and academic performance and can lead to numerous negative health outcomes in adolescence as well as an increased risk of addiction or dependency in adulthood.3 Marijuana use is almost always mixed with other drugs which complicates the effects .4 Additionally, higher THC (the intoxicating chemical in marijuana) levels increase the risk of dependence.s THC levels have more than doubled since the 1980's .6 Oregon ranks number seventh in the Nation for past month marijuana use amongst youth, 12-17 years of 7 8th age. In 2014, 9.5% of Deschutes County grade 2 Hall, W & Degenhardt, L Adverse health effects of non·medical cannabis use . The Lancet; vol. 374 , October 17 , 2009. 3 Drugs , Brains , and Behavior : The Science of Add iction . National Institute on Drug Abuse . Published April 2007. Rev is ed August 2010. 4 Hall , W . International Journal of Drug Control Policy 20 (2009) 458-466. 5 Hall WD , Pacula RL Cannabis use and dependence : public health and publ ic policy. Cambridge, UK : Cambridge Univer sity Press , 2003. ' Meserve, J. and Ahler, MM (2009, May 14). Marijuana potency surpass es 10 percent, US says . CNN. Retri eved from http://www.cnn .com/2009/HEALTH/05/14/mar i juana.potency/index.html ?i ref=a IIsearch . 7 National Survey on Dr ug Use and Health, 2001 ·2013. For additional marijuana info : www.deschutes.org/marijuanafacts POLICY BRIEF: YOUTH MARIJUANA PREVENTION ,b,IS )Ob students and 23.4% of 11th grade students reported using marijuana in the past 30 days compared to 7.9% and 18.7%, respectively for Oregon.8 The average age of first use among Deschutes County 8 th grade youth is 12 years .9 Research shows that higher addiction rates occur among those who start using marijuana at younger ages. Rates for persons under 18 are 1 in 6 compared to 1 in 11 amongst older adults .10 Nearly 7 out of 10 of all medically necessary drug treatment admissions for youth ages 12-17 are for marijuana.11 Public health research on alcohol and tobacco indicates that for every dollar gained in taxes, we spend an estimated $10 on social costs associated with the drugs .12 Oregon currently has 69,865 medical marijuana cardholders. Deschutes County has 3,492 registered medical marijuana cardholders.13 Research has shown that states with increased legal access to marijuana have more unintentional marijuana exposures in children that can lead to significant clinical effects requiring medical attention.14,15 Analysis Youth marijuana use is a public health concern in Deschutes County associated with significant health and social costs. The increased potency of THC levels in marijuana and impact the drug has on the developing brain place youth at a much higher risk for developing addiction or dependency. Medical marijuana dispensaries increase access to the drug, making it more available to Deschutes County residents, including youth. Current medical marijuana rules governing dispensaries can be strengthened to better restrict youth access within our community. Policy restrictions should be modeled after tobacco and alcohol best practices and include: 8 2014 Des chutes County Oregon Student Wellness Survey Data , 2012 Deschutes County Oregon Student Wellness Survey Data 10 Budney, A J, Roffman, R, Stephens, RS, Walker, D. 2007. "Marijuana dependence and i ts treatment." Addict Sci Clin Pract, Vol 4, Issue 1, pp 4-10 . 11 Office of National Drug Control Policy (2010). 1l Rehm J, Mathers C, Popova S, Thavorncharoensap M, Teerawattananon Y, Patra J. 2009 Jun 27 . "Global burden of disease and injury and economic cost attributable to alcohol use and alcohol· use disorders." Lancet ;373(9682): 2223­ 33 . 13 Oregon Health Authority Medical Marijuana Program data as of January 1, 201S. 14 Wang, GS , G. Roosevelt , and K. Heard, Pediatric marijuana expasures in a medicol marijuana state. JAMA Pediatr, 2013 . 167(7): p . 630-3 . 15 Wang, GS , et aI., Assaciation of unintentionol pediatric exposures with decriminalization af marijuana in the United States. Ann Emerg Med, 2014. 63(6): p. 684 -9. • Restrictions on dispensary placement and density including proximity to schools, parks and other locations where youth frequent; • Restrictions on advertising and promotion; • Restrictions on products attractive to youth; • Requirements for credentialing and standards for employees dispensing medical marijuana; • Increased community education and public health messaging to warn against the dangers of marijuana use and addiction . Conclusion Deliberate analysis of current medical marijuana rules and consideration of increased policy restrictions to prevent youth marijuana use is an effective action to promote and protect the health and safety of our community. 30 Day Use 8 th Grade Substance Abuse Rates for Deschutes County compared to Oregon (2014 SWS Survey)8 25 20 .9 20 <II QI) til .... 15c:: <II u... <II • Deschutes 8th Gra c.. 10 • Oregon 8th Grade "* 5 0 'l,'" ~ 090'1>' For additional marijuana info: www.deschutes .org/ma r ijuanafacts Public Hearing File 247-15-000063-TA: Medical Marijuana Dispensaries Proposed Regulatory Amendments Deschutes County Board of County Commissioners April 8, 2015 The Planning Commission’s recommendation on this application will be based upon the record, the staff report, and the testimony and evidence presented at this hearing. The hearing will be conducted in the following order. 1.Staff will provide a brief report. 2.Opponents and proponents will testify and present evidence. 3.Other interested persons will then present testimony or evidence. 4.Staff will be afforded an opportunity to make any closing comments. 2 HEARING PROCEDURE BACKGROUND Board of County Commissioners adopted Ordinance No. 2014-008 Established a moratorium on the operation of any marijuana dispensary in unincorporated Deschutes County (pursuant to SB 1531) Repeal on May 1, 2015 APPLICABLE STATE LAW Oregon Revised Statute (ORS) ORS 475.300-346 Oregon Medical Marijuana Act Oregon Administrative Rule (OAR) OAR 333 Division 8 Medical Marijuana OREGON MEDICAL MARIJUANA ACT ORS 475.300-346 475.314 Medical marijuana facility registration; qualifications; inspections; revocation; rules; fees . Subject to Oregon Health Authority registration and review (3) To qualify for registration under this section, a medical marijuana facility: (a)Must be located in an area that is zoned for commercial, industrial or mixed use or as agricultural land and may not be located at the same address as a marijuana grow site; (b) Must be registered as a business or have filed a pending application to register as a business with the Office of the Secretary of State; (c) Must not be located within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors; (d) Must not be located within 1,000 feet of another medical marijuana facility; and … PROPOSED AMENDMENTS TO DESCHUTES COUNTY CODE TITLE 18 - COUNTY ZONING DEFINITION Chapter 18.04 TITLE, PURPOSE, AND DEFINITIONS 18.04.030. Definitions “Medical Marijuana Dispensary” means any facility registered by the Oregon Health Authority under ORS 475.300 to 475.346 that dispense medical marijuana pursuant to ORS 475.314. SPECIFIC USE STANDARDS Chapter 18.116 SUPPLEMENTARY PROVISIONS 18.116.320. Medical Marijuana Dispensary Medical marijuana dispensaries shall meet the following requirements: 1. The location is subject to the Oregon Medical Marijuana Act under ORS 475. 2. The hours of operation shall not exceed 7:00am to 10:00pm. 3. The dispensary is registered with the Oregon Health Authority under the state of Oregon’s medical marijuana facility registration system under ORS 475.300-ORS 475.346, and meeting the requirements of OAR Chapter 333 Division 8 Medical Marijuana Facilities. 4. The dispensary must be registered with the Oregon Health Authority under ORS 475.314 and comply with all OHA rules. ZONES WHERE ALLOWED as Conditional Use Chapter 18.16. EXCLUSIVE FARM USE ZONES Subject to Site Plan Review, Conditional Use, and Specific Use Standards ZONES WHERE ALLOWED as Permitted Use Chapter 18.65. RURAL SERVICE CENTER Chapter 18.66. TERREBONNE Chapter 18.67. TUMALO Chapter 18.74. RURAL COMMERCIAL Chapter 18.100. RURAL INDUSTRIAL Chapter 18.108. SUNRIVER Subject to Site Plan Review and Specific Use Standards Deschutes County Planning Commission Public Hearing March 12, 2015 RECOMMENDATION: Adopted proposed amendments with the following revisions: Changing the permitted hours of operation to 10am to 7pm. Not allowing dispensaries in the Exclusive Farm Use (EFU) zone. OTHER CONSIDERATION: Not allowing dispensaries within 1,000 feet of other locations frequented by minors such as Boys and Girls Club, YMCA, parks, daycares, etc. Public Hearing File 247-15-000063-TA: Medical Marijuana Dispensaries Proposed Regulatory Amendments Deschutes County Board of County Commissioners April 8, 2015 Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, APRIL 8, 2015 Commissioners' Hearing Room -Administration Building -1300 NW Wall St., Bend 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject ofa public hearing will NOT be included in the official record ofthat hearing. 3. CONSIDERATION of Board Approval of Document No. 2015-184, a Services Agreement with Parametrix to Perform Engineering, Design and Right-of-Way Acquisition Services for the Powell Butte HighwaylNeff Road! Alfalfa Market Road Intersection Improvement Project Chris Doty and George Kolb, Road Department Suggested Action: Move signature o/Document No. 2015-184. 4. CONSIDERATION of Second Reading by Title Only, and Adoption of Ordinance No. 2015-002, Amending Code to Add a Manufactured Home!RV Park Use -Peter Gutowsky, Community Development Suggested Actions: Move second reading by title only o/Ordinance No. 2015­ 002; move adoption. Board of Commissioners' Business Meeting Agenda Wednesday, April 8,2015 Page 1 of5 5. DELIBERATIONS on a Conditional Use Permit (247-14-000 228-CU and 229-SP) to Establish a Private Park on an EFU-Zoned Parcel East of Sisters for the Purpose of Hosting Weddings, Wedding Receptions, Special Events, and Recreational Activities Will Groves, Community Development Suggested Actions: Deliberate and provide direction to staff. 6. PUBLIC HEARING, and Consideration of First and Second Readings, by Title Only, and Adoption by Emergency of Ordinance No. 2015-004, Amending Code to Define, Permit and Establish Standards for Medical Marijuana Dispensaries in Conjunction with State Law -Nick Lelack and Matt Martin, Community Development Suggested Actions: Open public hearing, take testimony and close hearing; move first and second readings by title only; move adoption by emergency. CONSENT AGENDA 7. Board Signature of Document No. 2015-221, Findings and Decision on the Tumalo Irrigation District Land Use Compatibility Statement 8. Board Signature of Document No. 2015-202, a Lease Extension with the State of Oregon, Department of Justice, Division of Child Support, for Office Space at 1300 NW Wall Street 9. Board Signature of Resolution No. 2015-020, Initiatng the Vacation ofa Portion of 17th St, Terrebonne 10. Board Signature of Order No. 2015-017, Vacating a Portion of 17th St., Terrebonne 11. Board Signature of Order No. 2015-020, Ordering the sale of Certain Real Property Acquired by Deschutes County 12. Approval of Minutes: . Business Meetings of March 25 and April 1, 2015 • Work Sessions of March 23 and 25, and April 1,2015 CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 13. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District Board of Commissioners' Business Meeting Agenda Wednesday, April 8,2015 Page 2 of5 CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 14. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extensionl4-H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 15. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County 16. ADDITIONS TO THE AGENDA Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call (541) 388-6572, or send an e-mail to bonnie.baker@deschutes.org. PLEASE NOTE: At any time during this 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 items. FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. Ifyou have questions regarding a meeting, please call 388-6572.) Monday, April 6 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Board of Commissioners' Business Meeting Agenda Wednesday, April 8, 2015 Page 3 of5 Tuesday, April 7 3 :30 p.m. Public Safety Coordinating Council Meeting Wednesday, April 8 10:00 a.m. Board of Commissioners' Business Meeting 1 :30 p.m. Administrative Work Session -could include executive session(s) Wednesday, April 15 9:00a.m. Department Update Finance Monday, April 20 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session could include executive session(s) Monday, April 20 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session could include executive session(s) Tuesday, April 21 10:00 a.m. 911 Executive Board Meeting, at 911 2:00 p.m. Department Update -Fair & Expo, at Fairgrounds Wednesday, April 22 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session could include executive session(s) Monday, April 27 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session could include executive session(s) Wednesday, April 29 10:00 a.m. Board of Commissioners' Business Meeting Board of Commissioners' Business Meeting Agenda Wednesday, April 8, 2015 Page 4 of5 1:30p.m. Administrative Work Session -could include executive session( s) Monday, May 4 10:00 a.m. Board of Commissioners' Business Meeting 1:30p.m. Administrative Work Session could include executive session(s) Tuesday, May 5 1 :30 p.m. Department Update Health Services, at Health 3:30 p.m. Public Safety Coordinating Council Meeting Wednesday, May 6 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Thursday, May 7 1:30 p.m. Department Update Assessor Wednesday, May 13 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Tuesday, May 19 1 :30 p.m. Department Update Juvenile Community Justice, at Juvenile Wednesday, May 20 2:30p.m. Department Update 911 Service District, at 911 Deschutes County encourages persons with disabilities to participate in all programs and activities. This eventllocation is accessible to people with disabilities. If you need accommodations to make participation possible, please call (541) 388-6572, or send an e-mail to bonnie.baker@deschutes.org. Board of Commissioners' Business Meeting Agenda Wednesday, April 8, 2015 Page 5 of5