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2003-1373-Minutes for Meeting October 22,2003 Recorded 11/4/2003COUNTY TES FICIAL NANCYUBLANKENSHIP,FCOUNTY CLERKS CJ 20031313 COMMISSIONERS' JOURNAL 11/04/2003 04;31;50 PM Jill 111111111111111111111111111 03-1 DESCHUTES COUNTY CLERK CERTIFICATE PAGE This page must be included if document is re-recorded. Do Not remove from original document. Deschutes County Board of Commissioners 1130 NW Harriman St., Bend, OR 97701-1947 (541) 388-6570 - Fax (541) 388-4752 - www.deschutes.org MINUTES OF PUBLIC HEARING ON PROPOSED BEND MUNICIPAL AIRPORT MASTER PLAN DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, OCTOBER 229 2003 Commissioners' Hearing Room - Administration Building - 1130 NW Harriman St., Bend Present were Commissioners Dennis R. Luke, Tom De Wolf and Michael M. Daly. Also present were Cathy Tilton White and Steve Jorgensen, Community Development; Laurie Craghead, Legal Counsel; media representative Barney Lerten of bend. com and The Bugle; and six other citizens. The purpose of the meeting was for the Commissioners and staff of Community Development to take public testimony regarding the proposed Bend Municipal Airport Master Plan; specifically: Proposed amendments to the Deschutes County Comprehensive Plan, Title 23, and the County's Zoning Code, Title 18; County File Numbers PA -03-3 and TA -03-4 — a legislative matter. Chair Dennis Luke opened the meeting at 5:32 p.m. He asked that anyone who wishes to testify or who might have a question, or anyone who wishes to be on the mailing list, to please sign in and be sure to come to the front to use the microphone. (A copy of the sign -in sheet is attached as Exhibit B.) Cathy Tilton White read the preliminary statement to the audience. (A copy is attached as Exhibit A.) WHITE: Do the Commissioners wish to claim any bias, prejudgment or personal interest? The Commissioners had none. There were no challenges from the public. Minutes of Board of Commissioners' Public Hearing Wednesday, Uctober LL, 2-uvs Bend Airport Master Plan Page 1 of 11 Pages LAURIE CRAGHEAD: The applicant — the City of Bend - would need to raise any Constitutional claims now or be barred forever from claiming that in the Courts on that matter. None were offered. STEVE JORGENSEN: I want to point out that two ordinances would result from this hearing. If you choose to close the public hearing and there are no comments or substantive changes to what we've done, we have two ordinances that will be reviewed by legal counsel for adoption. One adopts the airport master plan as amended in 2002 into our comprehensive plan, and the other one modifies our zoning ordinance, Title 18, to make some changes to the AD (airport development) zone as they are reflected in the new master plan. So those two ordinances will be the subject of a first and second reading, probably two weeks from now. LUKE: Is there stuff in here that helps address the lady whose cows are being buzzed by aircraft? JORGENSEN: I believe they are llamas. Her concerns mainly had to do with the Palms to Pines Race, with low flying aircraft making approaches to beat time. That is an airspace use that's not governed by what is being done here on the ground. The runway changes won't affect what happened to her. LUKE: A lot of the previous letters and material we previously received on the airport dealt with the expansion of the runway, and the relationship between the City and the neighbors. That seems to have quieted down. JORGENSEN: I believe when the City finally adopted the revised plan in 2002, there was a public hearing involved and they noticed that everyone surrounding the airport. The result of that hearing was a change in the recommendation in the plan for the 500 - foot extension of the runway to the south. It was broken up. Instead it was going to be a 200 -foot extension to the south instead of 500, and a 300 -foot extension at some future point to the north end of the runway, towards Powell Butte Highway. That change clearly caused a lot of people to be not so upset with the situation with the airport. Minutes of Board of Commissioners' Public Hearing Wednesday, October 22, 2003 Bend Airport Master Plan Page 2 of 11 Pages There are probably other factors that were involved, but to me that was the overriding one. I wanted to point out, because I heard some comments on the radio this morning, from a representative of the Central Oregon Pilots' Association Chapter regarding some assumptions about aircraft camping areas located at the airport, as they do in other states. Those initially were in the plan, but at the time the City adopted the revised plan, the FAA had made several comments. And they are contained within the plan. The FAA was against several things that showed up on the final map. The FAA disagreed with the fact that there was a pedestrian pathway called out in the upper, 100 -foot buffer are on the east side. That buffer was supposed to be a natural area, planted and vegetated with a trail through it. The FAA wanted none of that; they wanted all of it identified as a future airport support district, which is how we've identified it in our zone change. No trees, no pedestrian path. There was also an identified camping area adjacent to the north side of the pond that exists out there; they disagreed with that as well. So the camping area was nixed from the plan. LUKE: The FAA gets everything it wants? DEWOLF: They have all the money. JORGENSEN: Apparently they have the purse strings attached to 90% of what gets spent out there. So I think that's the way it is going to go. I didn't know until recently that those comments came in from the FAA. LUKE: Does staff have any changes to recommend regarding the plan? JORGENSEN: I do not. I was also on the ad hoc committee that reviewed this document, as a non-voting community member. I don't have any problems with how it has turned out. They will be doing the improvements out there in phases, and each phase will require an environmental analysis on its own as a condition of the FAA funding. So there will be further environmental review as they go along. Really, the initial project is the realignment of Nelson Road, which David Evans & Associates has already completed a draft environmental assessment for, as well as some other safety improvements. Minutes of Board of Commissioners' Public Hearing Wednesday, October 22, 2003 Bend Airport Master Plan Page 3 of 11 Pages WHITE: I'm just assisting with the processing of the application, and also wanted to make sure that you know our recommendation. It includes five different things. These are to hold the public hearing, consider testimony, and then adopt the 1994 Bend Municipal Airport Master Plan as amended into our comprehensive plan, repeal and replace Title 18.76 - the airport development zone - and then we recommend that staff be directed to prepare the ordinances. I wanted to point out that both ordinances propose a prescribed effective date of January 1, 2004, at the request of the applicant for funding reasons. So it's not an emergency clause, and not the 90 -day wait, but instead it's a prescribed date. DEWOLF: The zoning hasn't been changed yet to accommodate the runway expansion, right? That would come later, to us? JORGENSEN: The initial phase, the 200 feet to the south, does not require a zone change, because it is going right up to the edge of EFU, the center line of Nelson Road. It will be the northerly extension, if and when that comes about, that will require a zone change. The zone change we are proposing here is in uses, not the zone boundaries. DEWOLF: Let me ask this. On page 4 of 6 of the work session notes of the Planning Commission, procedural history, July 10, 2003, it says that a question about the airport safety combining zone overlay will require a zone change. JORGENSEN: You are correct. I misspoke. That will include a zone change, but will not occur until they change that runway. DEWOLF: When will the construction start? ANDY LINDSEY: Project manager for the City of Bend. Right now the runway relocation is scheduled for probably the summer of 2005, perhaps later. Commissioner Luke opened the public hearing at this time. Minutes of Board of Commissioners' Public Hearing Wednesday, October 22, 2003 Bend Airport Master Plan Page 4 of 11 Pages DEBRA MCMAHON: I reside at 4974 SW Elkhorn in Redmond. Tonight I represent a gentleman by the name of Jim Frazee, who owns a twenty -acre parcel located on the southwest corner of Butler Market Road. Mr. Frazee's concern is maybe something that you aren't specifically talking about tonight. When you are looking at changes to the zone here, and looking at economic development in this area for the entire community, when you restrict uses - which you are doing, which is perfectly appropriate - the question comes up, what happens to the other kinds of service needs that may be necessary out in this area that really are not accommodated within the plan that you have tonight. LUKE: Such as? MCMAHON: Such as things that are more easily financed with property ownership instead of leasing. For example, airport or a pilot hotels and convenience centers for pilots that wouldn't necessary be on the airport property. So our concern is, when you are modifying this, is there some consideration or thought to flexibility in the nearby area so that private property owners, who should be part of the mix of economic development -- LUKE: Are you talking about a rural service center of some kind? MCMAHON: Maybe. I think it's just in the beginning stages, but something to think about in that a mix of property ownerships is often essential to having something be really successful. And if it is just one type of ownership, there may be opportunities that are lost. What Mr. Frazee is looking for is an opportunity to explore with the City and the County a place on his property to develop some sort of airport -related use that would service pilots and provide them some opportunities that may not be available at the airport, or on a timeline that the City and County are contemplating. LUKE: How big a circle would you envision around the airport to allow those kinds of services? Minutes of Board of Commissioners' Public Hearing Wednesday, October 22, 2003 Bend Airport Master Plan Page 5 of 11 Pages MCMAHON: I just represent Mr. Frazee, and his property is right at Butler Market and Powell Butte Highway, so he's right there at the airport. And we haven't thought about putting it anywhere else because Mr. Frazee's concern is for his own property. So I just wanted to bring that to the Commission's attention and make you aware that Mr. Frazee will be asking me to pursue alternatives and options for his property related to airport uses, and things that are consistent with the FAA. DEWOLF: What is his property zoned? MCMAHON: EFU or MUA. So, that's just a concern. As you look at the public side, there are also ramifications to think about. DALY: Are there public services, sewer and water? MCMAHON: Yes, the same services. DEWOLF: It could potentially change the whole character of the area, beyond what was envisioned when they created a general aviation airport out there. MCMAHON: It could. But in looking at other small airports, and some of the work that Prineville is embarking upon and other small airports throughout the nation, there's often a blend of private and public uses, obviously controlled. It's just in the beginning stages, and we just want to bring that topic to your attention. LUKE: Actually, recreation is an allowed use on EFU ground. PATRICK GISLER: I'm a managing member of Gibson Airpark, LLC, which is the property owner located due south of the airport. This ownership includes property that has all of the little lines over it, between the old Nelson Road and the new Nelson Road. Minutes of Board of Commissioners' Public Hearing Wednesday, October 22, 2003 Bend Airport Master Plan Page 6 of 11 Pages We did make a presentation to the Planning Commission, requesting the addition of that property into the master plan for airport purposes. The members of the Airpark are primarily pilots, and that property was acquired for the purposes of preserving it for airport uses. We had an ongoing discussion with the City for the purposes of exchanging that property for other properties. We think that it is appropriate, at least on the master plan or the comprehensive plan, that it be identified so that it's not necessary to go back through this process. The reason that is important, besides the cost and time and trouble to go through the process, is because of the ongoing demand for hangar space. Since hangar space has continued to be developed on the west side of the airport, we think that's the best place to put it since it flows into utilities and access. That extends the lifetime of developable land for hangars for many years, and keeps that on the west side for maybe ten or twenty years. We think that is a public benefit, and it is for that purpose that we have proposed and continue to propose an exchange with the City. Their efforts have been delayed while going through the process with the FAA and other land use aspects. We did propose that to the Planning Commission, and I don't see any reference to that in this document. LUKE: Nelson Road used to go straight there, so it will be coming down and around. So what is the box? JORGENSEN: The box is City -owned property for the runway protection zone. LUKE: Is Neil Davis' property then across the new Nelson Road? GISLER: His property adjoins to the south of that. We're not suggesting that the proposed master plan be changed, but that those existing uses should be on the comprehensive plan, extended to include the area. Minutes of Board of Commissioners' Public Hearing Wednesday, October 22, 2003 Bend Airport Master Plan Page 7 of 11 Pages Nelson Road makes a good boundary. When you look at the clear zones on this map, all those lines have a significant impact on that property. The best use of the property very clearly becomes airport -related uses. Having that inventory there, over the on the west and south sides, delays for ten or twenty years development of those types of uses on the east side, which are closer to the more intense residential uses. JORGENSEN: I was at the Planning Commission meetings, and it is in the staff report. Dave Morales, representing Gibson Airpark, spoke at the meeting. They asked my opinion at the time, and my opinion, which is in the staff report, is that basically the City is bringing to us a master plan that they have adopted. It is not our document at this point. My recommendation was that because the land is zoned EFU, the likelihood of it being brought in and rezoned when you have an inventory of existing land on the east side of the airport, would probably be sometime long out in the future, looking at it on paper. And that their best approach, I thought, would be for them to work with the City if they wanted to modify the master plan in any way. We wouldn't be modifying it at this level. We are adopting it or not adopting it; we are not opening it up and changing something, and then sending it back to the City. I would hope that we could adopt it, and that any time the City wants to, whether because of negotiations with property swaps, or maybe it's the other properties around there that Debra McMahon represents, that's a discussion between them and the City, I believe, as it relates to the master plan. It's something that in my opinion the County has the purview to deal with. LUKE: It would make a lot easier argument once Nelson Road is moved, too, when it puts you between the airport and Nelson Road. JORGENSEN: As soon as we can adopt the master plan as it is now, the road can be moved. Minutes of Board of Commissioners' Public Hearing Wednesday, October 22, 2003 Bend Airport Master Plan Page 8 of 11 Pages GISLER: We are not proposing that there be a zone change at this time, because we are just addressing the comprehensive plan. Also, as the Board of Commissioners, you have the authority to amend the comprehensive plan as you deem appropriate. Whether you want to change their master plan is one issue, but you certainly have the authority to consider other properties. DEWOLF: I'm not sure it is. Can I get a legal opinion on that? CRAGHEAD: You can change the comprehensive plan, but you would want to change it consistent with the airport master plan. Again, changing the comprehensive plan, if you are changing resource land, you have to go through an exceptions process, which is quite lengthy. DEWOLF: My understanding is that this is the City of Bend's application to Deschutes County. We either adopt the plan that has been proposed, or not, as happened about six years ago. We can't change this plan, correct? JORGENSEN: You could make a recommendation to modify it, but then you would not be adopting it. And the City may not agree with the changes. There was also a letter from Gibson Airpark that was submitted into the record. They would have a hard time making findings at this point, given the strict land use regulations, even just bringing it into the comprehensive plan and not rezoning it. I don't know how the FAA would feel about it, either. But it's your call. GISLER: I have no interest in delaying this or creating problems regarding the airport. The City told us to talk with you about it. LUKE: I think you do. But the question is when. It's nice to get it on the record, but I don't believe we have the ability or want to take the time to deal with it at this time. But once the road gets moved, I'd be happy to take a look at that. Minutes of Board of Commissioners' Public Hearing Wednesday, October 22, 2003 Bend Airport Master Plan Page 9 of 11 Pages CRAGHEAD: It would take an application by the landowner, and then you would go through the exceptions process, to change comprehensive plan. DALY: Is Nelson Road scheduled to be done before the runway extension? JORGENSEN: Yes, it's the first thing. It's part of the safety zone. Right now there's a displaced threshold on runway because of the proximity of Nelson Road. So as soon as the road gets moved, the displaced threshold gets removed from the runway and its effective length gets lengthened. No other testimony was offered, so Chair Luke closed the public hearing. WHITE: The recommendation of staff is to adopt the master plan into the comprehensive plan. The ordinances have been drafted. LUKE: We hereby give direction to staff to prepare the ordinances for legal review. They will then be on a regular agenda within a couple of weeks. CRAGHEAD: You would need another public hearing if there are substantial changes to the draft. Being no further testimony or comments made, Chair Luke adjourned the meeting at 6:20 p.m. Minutes of Board of Commissioners' Public Hearing Wednesday, October 22, 2003 Bend Airport Master Plan Page 10 of 11 Pages DATED this 22nd Day of October 2003 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Attachments Exhibit A: Preliminary statement (1 page) Exhibit B: Copy of sign -in sheet (1 page) Dennis R. Luke, Chair Tom DeWolf, Commis r Minutes of Board of Commissioners' Public Hearing Wednesday, Uctober LL, LUU-i Bend Airport Master Plan Page 11 of 11 Pages October 22, 2003 PRELIMINARY STATEMENT BOARD OF COUNTY COMMISSIONERS PA -03-3 & TA -03-4 This is a public hearing on proposed amendments to the Deschutes County Comprehensive Plan, Title 23, and the County's Zoning Code, Title 18. The County File Numbers are PA -03-3 and TA -03-4. This is a legislative matter, meaning the outcome of this process could change the Comprehensive Plan by adopting the City of Bend's 1994 Bend Municipal Airport Master Plan as amended in 2002 into the County Comprehensive Plan, and changing the zoning laws in the Airport Development zone by amending the text to reflect uses and requirements associated and identified in the airport master plan. The Board of County Commissioners will hear oral testimony, receive written testimony, and consider the testimony submitted at this hearing. The hearing is also being taped. The Board may make a decision on this matter tonight, continue the public hearing to a date certain, or leave the written record open for a specified period of time. The hearing will be conducted in the following order. The staff will give a report on this issue. We will then open the hearing to all present and ask people to present testimony at one of the tables or at the podium. You can also provide the Board with a copy of written testimony. Questions to and from the chair may be entertained at any time at the chair's discretion. Cross-examination of people testifying will not be allowed. However, if any person wishes ask a question of another person during that person's testimony, please direct your question to the chair after being recognized. The Chair is free to decide whether or not to ask such questions of the person testifying. Prior to the commencement of the hearing any party may challenge the qualifications of any the Commissioners for bias, prejudgment or personal interest. This challenge must be documented with specific reasons supported by facts. Should any Commissioner be challenged, the Commissioner may disqualify himself, withdraw from the hearing, or make a statement on the record of their capacity to hear and decide this issue. At this time, do any members of the Board need to set forth any information that may be perceived as bias, prejudgment, or personal interest? I will accept any challenges from the public now. (Hearing none, I will open the public hearing) FILE: PA-03-3/TA-03-4 HEARING DATE: 10/22/03 STAFF REPORT Exhibit A Page —L of �_ c O m 0 H 0 H 0 c y as a ►4 O W In N y d L � LL - V tLL0 N N G T- .19 O 3:O � d C t � c ca CL a +�+ m .O d C O LA 1 0 s_ rt �a c as m C N � O � Q C _ 1 �L IMN a d El = O a �' z Exhi it Page of ►4 O W In