Proposed Alfalfa marijuana facility sparks debate

A Deschutes County commissioners public hearing on a proposed marijuana production facility east of Bend stretched for more than four hours Wednesday.

The proposal is to turn an existing horse arena on Alfalfa Market Road into a marijuana production facility. County staff had already approved the project.

But an appeal was filed by nearby neighbor, Bill Tye, so commissioners will vote on the proposal.

The property is zoned for exclusive farm use, and several other marijuana grows exist in the area. This particular one would be fully enclosed, and have a maximum of 10,000 square feet of mature plant canopy.

The owners are asking for a setback exception from the eastern property line and from the closest home to the east. That exception was initially approved of by administrative decision by Senior Planner Jacob Ripper.

“To get a reduction in those setbacks, they have to prove equal or greater mitigation to certain impacts,” Ripper said. “And through their application, it appeared that they were providing at least equal mitigation for those impacts,”

Bill Tye’s lawyer, Liz Dickson, objected on several issues, including the setback exception. She said the location itself, not the use of an existing structure, must be the reason for an exception.

She also expressed concerns over the reliability of the facility’s water source. She said the Central Oregon Irrigation District isn’t a reliable source, because marijuana is still illegal under federal law.

Several people from the Alfalfa community voiced concerns with the proposal. Some are worried about fire risk, others about property value. The biggest complaint,however, is that there are already too many grow operations happening in the Alfalfa area.

The owner of another marijuana grow operation spoke at the hearing, saying farmland is often used in unappealing ways for more traditional uses, such as the smell and sound from cows and horses and the use of fertilizer and pesticides.

But he said the impact of a marijuana grow can be much smaller than the impact of a traditional farm. For instance, a marijuana grow uses less water and no pesticides.

Dickson argued that the decision to approve the facility was made without the public’s health, safety and welfare in mind.

“And for you to make a decision that harms people in these ways violates your police power, and as a result is not justified because of the public health, safety and welfare you were elected to protect,” Dickson said.

But, Michael Hughes, lawyer for the landowner, said all the conditions have been met and setback exceptions are given for this exact reason.

“My understanding is that is why we had the exception rule, and the allowance of a granting of an exception is because there might be circumstances in which you have an existing infrastructure and it would actually be better to use that infrastructure than it would be to build another building,” Hughes said. “I think this is the exact case.”

Tye said it’s not just this particular grow he’s opposed to, but all of them.

“Our main concern in Alfalfa is the number of these marijuana grows we have in the area, the effects they have on the area, many of them, the noise, the odor, the traffic. And we think they’re starting to affect our livelihood,” Tye said.

There is now an open record period until March 21, while people submit comments. A vote by commissioners is expected to happen on April 11.