2007-1054-Minutes for Meeting December 17,1980 Recorded 6/20/2007COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS
COMMISSIONERS' JOURNAL
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BOARD OF COUNTY COMMISSIONERS
101 COURTDAY - DECEMBER 17, 1980
Chairman Young called the meeting to order at 10:02 A.M. with all three
Commissioners in attendance.
The first item on the agenda was a Public Hearing on a petition for a
way of necessity for Robert Morris. Chairman Young opened the hearing.
Chairman Young entertained a motion to postpone this hearing until
February 11, 1981.
MOTION: COMMISSIONER PAULSON m
hearing until February
COMMISSIONER SHEPARD:
VOTE COMMISSIONER PAULSON:
COMMISSIONER SHEPARD:
CHAIRMAN YOUNG: AYE.
oved to postpone the subject
11, 1981.
Second.
AYE.
AYE.
The second item on thb. agenda was a public hearing for the adoption of
Amendments to the Sisters Comprehensive Plan and related Ordinances.
Chairman Young entertained a motion to continue the hearing until tomorrow,
December 18, 1980.
MOTION: COMMISSIONER PAULSON moved to continue the hearing
until Thursday morning, December 18, 1980 at 10:00 A.M.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: AYE.
At this time the Board of Commissioners held a public hearing on amendments
to PL-15 relating to the Airport Development (A-D) zone. Chairman Young
opened the hearing and related rules for the hearing.
RICK ISHAM, COUNTY COUNSEL: Rick introduced three items into the
record which constitutes the draft ordinance, these item being
Ordinance #80-221, an Affidavit of Publication and a Certificate of
Mailing. Rick also requested that the Secretary keep a log of
written evidence which is submitted at the hearing today.
JOHN ANDERSEN, COUNTY PLANNING DIRECTOR: John discussed the proposed
amendments to PL-15 relating to the A-D Zone, giving a brief explanation
of those amendments.
RON MARCEAU: Ron stated he was the attorney for the City of Bend.
Ron Marceau testified that he felt this ordinance was a good ordinance
and that it was definitely an improvement over the ordinance instituted
before.relating to the Airport Development Zone.
DAN VAN VACTOR: Dan was present to represent the neighboring landowners
in regards to this zoning ordinance. For purposes of the record Dan
offered into the record two volumes of documents in order that the
Board can evaluate and review this proposal in terms of its history and
in terms of the impact of what we are going to do at the Bend Municipal
Airport,on its environment. Dan stated that the landowners are in favor
of the A-D Zone, but have a couple of minor suggestions which he feels
will expand and improve the ordinance. One example of concern was
that a sandwich shop would be inconsistent with a full-scale restaurant,
and feels there should be the possibility of providing for both a
hamburger stand and a steak house. He didn't feel this was a big problem,
but offered this as a suggestion to be provided for in the ordinance.
Dan emphasized that they do not want to see the loss of additional buffer
and that because of rural use in this area would like to see some kind
of buffer maintained in a non-development status. Dan stated that this
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would be helpful in protecting the community in the future as noise
and development grows. It is Dan's suggestion that some additional
language be inserted into the ordinance that would provide for this
330 feet of buffer at non-development status other than as an existing
use. Dan feels we can address this into the ordinance at this time.
Chairman Young closed the hearing to the public and opened it under
discussion to the Board. Commissioner Paulson questioned a provision
under Section 4.160 which states that "no use shall be allowed which
will attract a quantity of birds, especially birds which fly at high
altitudes. Commissioner Paulson refered this in reference to the
fact that the Recreational Committee is looking at Gibson Pond in this
area, for future uses.. He questioned if this would mean
no new use or all current uses will be abandoned. Rick Isham stated
that if their is a non-conforming use that use could continue even though
there was a change in the zoning ordinance. He didn't know if Gibson
Pond was considered as a non-conforming use in this instance.
MOTION: COMMISSIONER SHEPARD moved that the Board allow written
findings in regards to Amendments to PL-15 for the A-D
Zone until 5:00 P.M. on Monday, December 22, 1980, and that
the first reading will be held on Wednesday, December 24, 1980,
at 10:00 a.m.
COMMISSIONER PAULSON: Second.
VOTE COMMISSIONER SHEPARD: AYE.
COMMISSIONER PAULSON: AYE.
CHAIRMAN YOUNG: AYE.
At this time Board held a hearing on an Order in the matter of the
vacation of 9th and 10th Streets and Wharton Avenue (portions of)
all within Laidlaw. Chairman Young read Order #80-243 relating to
this vacation.
MOTION: COMMISSIONER SHEPARD moved to approve Order #80-243.
COMMISSIONER PAULSON: Second.
VOTE COMMISSIONER SHEPARD: AYE.
COMMISSIONER PAULSON: AYE.
CHAIRMAN YOUNG: AYE.
The next item on the agenda was a public hearing on the Amendments
to PL-20 relating to the Bend and Redmond Airports, Exception:
Statement and Committed Lands for the Bend Airport. Rick Isham
stated that the hearing did not actually involve the Redmond Airport
but was listed in the description as the Ordinance being amended
mentions the Redmond Airport.. He requested that the phrasing of
the Redmond Airport be stricken from the agenda.
MOTION: COMMISSIONER PAULSON moved to strike the references
of the Redmond Airport from the agenda for the
hearing relating to amendments to PL-20.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: AYE,
Chairman Young opened the hearing at 10;30 A.M. The following
persons gave testimony as follows:
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RICK ISHAM, County Counsel: Rick submitted evidence into the record,
this evidence being an affidavit of publication, Certificate of
Mailing and Ordinance #80-222, relative to this hearing. He also
submitted a Final Order and Opinion from L.U.B.A. and a Record of
Actions and Transcript from L.U.B.A.
JOHN ANDERSEN: John gave a brief rundown on the proposed changes
to the Deschutes County Year 2000 Comprehensive Plan and the Exceptions
Statement relating to the Bend Municipal Airport. John then submitted
into the record the Bend Municipal Airport Exceptions Statement,
letters from Marvin Young, County Extension Agent, relating to the
Bend Airport Compatible land use planning and zoning, Deschutes County
Year 2000 Comprehensive Plan, a memo dated 11/5/80 from the County
Planning Department on the Bend Airport Master Plan, Deschutes County
Alternatives Final Report and Analysis, a copy of article contained
within the book "Bringing in the Sheaves", a copy of references from
"Guide to Industrial Development; Dick Howard, ed., a survey of
Industrial Location Determinants from US Department of Commerce,
Study on Noise Compatibility from Federal Register Volume 41, No. 226,
Noise Compatibility Interpretation, Bend Municipal Airport-Technical
Report, 1979-2000, Bend Municipal Airport Master Plan 1979-2000,
Airport Compatibility Planning Recommendation--Guidelines from Oregon
Department of Transportation-Aironautics Division, a map and pictures
of the Bend Airport Area, Bend Exceptions Map, Ldn Noise Contour map
and the Deschutes County Zoning Map #16.
RON MARCEAU: Ron stated he was representing the City of Bend, as their
attorney. He stated that the airport is an airport and should remain
as such. He would like to see the County adopt the airport development
zone which has been revised and improved by the County Counsel. Thinks
the zone is good for the airport and the land around the airport.
The City of Bend would like to see the County find that the airport
property has been committed to airport use. Stated that the airport
is an important part of the County's transportation system. Would like
also that the. Board find that the airport is not an agriculture use
and that it is an airport. Would like to request that the land around
the airport also has the capability of being used for commercial and
light industrial uses as contained in the A-D zone. Ron submitted
a letter from the Department of Transportation - Federal Aviation
Administration in favor of the airport. Ron then stated that most
of all the City wants to avoid any residential encroachment around the
airports. Suggested that the land at the airport and lands around the
airport be zoned for airport development because A-D zone will not
permit residential development. The existing EFU and MUA and agriculture
zoning around the airport will permit at least some residential
development. Ron stated that airports will get along fine with
livestock, farms, crops, but not so well with people.
RAY COSTELLO: Ray is from the State Board of Aeronautics, Salem, Oregon.
Ray briefly discussed what is happening in aeronautics today and why
we need airports, why we need various types of airports. Aviation
has experienced over a 9% growth in the state of Oregon in the last
few years. He discussed that business and industry has found aviation
as a path of travel rather than bus and private vehicle due to cost
of fuel and speed limit limitations. Ray stated that he feels airports
are compatible with agricultural uses. He also related that aviation
is going to become a growing factor in everyone's lives. He stated that
today it would be a monumental job to place an airport in Deschutes
County which would provide for 300-400 aircrafts. He feels that the
airport should grow as population demands grow. Ray Costello is in
favor of the amendments to PL-20 and the Exceptions Statement.
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ROGER RITCHIE: Roger is a Deputy Administrator for the Department of
Transportation, Aeronautics Division. He related that the State has
put about $34,500. in public funds for the Bend Airport and feels it
is a healthy investment. Roger stated that at this point funds are
limited for financial aid and that there are not any federal aid
funds for airports. With the current situation of State and Federal
funds for airports, some things Roger suggested looking at are:
1) airports are safe for users fo the airport and people living in
the area, 2) capacity. Roger believes the Redmond and Bend airports
are necessary and doesn't see that funds would be invested into both
airports if they were not both necessary_and.needed.
MAYOR CHET MACMILLAN: Mayor MacMillan stated that the Airport has
a good many uses. Doesn't feel the people in Bend realize how vital
the airport is. The State Police operate out of the Bend Airport for
their Fish and Game Aircraft. State Highway Department is located
in Bend, and they fly their personnel in and out of the Bend Airport.
Several loggers have aircraft out there which use their aircraft to
cruise timber. Many people in and out of the County use the airport
and the need for expansion seems to continue. Also we have a fine
hospital not far from the Bend Airport which patients are flown to
in the County. Mayor MacMillan stated that as far as animals are
concerned, Redmond Airport has all sorts of animals surrounding their
airport and doesn't seem to be any real great concerns.
DAVE HOLT: Dave stated he is a resident of the City of Bend. In
1964 there were 18 airplanes and no taxiway at the Bend Airport. Since
that time there has been much growth and expansion to the Airport.
Dave stated that the airport is like 3rd Street. Whether the people
like it or not, it will continue to grow. Dave stated that he would
like to see the airport treated as an airport as that is what it was
initiated for. Dave feels the airport needs to grow, as Deschutes
County is growing, the City of Bend is growing, and the need for a
larger and more efficient airport is evident.
JAY TURLEY: Jay is the Assistant Manager for the City of Bend. Jay
briefly addressed some of the public facilities available at the
airport and public services provided to the airport. The airport is
currently served by a septic and drainfield and County and State
maintained roads. Fire Service is provided by the rural fire protection
district. Police protection is currently provided by the Deschutes
County Sheriff's office and in addition to that there is a watchman
trailer on the airport property approved by a conditional use permit
which is out there 24 hours a day for security purposes. Public
restrooms and public phones are available to the public at the airport
among other public facilities. These public facilities are adequate
to meet the forecasted needs through the year 2000.
At this time the Board dismissed the hearing for a 10 minutes break at
11:45,a.m.
The hearing was reconvened at 12:00 A.M.
DAN VAN VACTOR: Dan Van Vactor challenged Commissioner Shepard in
that Dan was concerned that Commissioner Shepard was a member of the
City Commission at the time when the contract was entered into with
Century West Consultants to prepare the study that because he authorized
that contract in his capacity of city commissioner and accepted those
results of that study feels that which of the Bend Municipal Airport
Master Plan are a substantial part of the decision being made today
for the future development of the airport that he may accept this challenge
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Commissioner Shepard stated that Dan Van Vactor is correct that he was
a member of the City Commission at the time. the contract was authorized
and accepted. He voted in favor of the airport and accepted the study.
During his term on the City Commission he did believe the City of Bend
should have an airport. Commissioner Shepard declared that the
information just disclosed will in no way prejudices him and is still
qualified to hear the case.
DAN VAN VACTOR: Stated he is not an opponent to the airport but is
uncomfortable with the exceptions statement itself in terms that it
does not go far enough to support legally the extension of the exception
beyond the municipally owned airport land. Does not feel it fully
encompasses those lands in an Exception that would be upheld by the
LCDC. Dan stated he was here as an advocate for Ken Cale, Mary Waterman,
James Saul and others whom are residents of the neighboring lands to
the airport property, and that he was not giving testimony as a witness.
Dan talked about one of the most consequencial things which happens
in ones lives which is livability. Dan feels the people living in
Deschutes County take pride in the livability of their County. Dan
submitted for the record Volume I and Volume II, Article on "Noise
Abatement at General Aviation Airports, article "Problems in predicting
Aircraft Noise Exposure, Aircraft Noise and land Use Compatibility
Tradeoff Analysis, Airport Noise Control in the 1980's; FAA's Plans
and Policies, Relative Effectiveness of Options for Reduction of Aircraft
Noise Exposure around Airports, a letter from James Saul read into the
record and a video tape tb.be shown by Dan Van.Vactor. At this time
Dan showed a video recording of the neighboring land adjacent to the
airport.
LAWRENCE HOPKINS, DBA Accoustics, Inc., Portland, Oregon: Larry
stated that he deals with accoustics in all fields. Larry stated he
would like to make three major points relating to what the Board is
considering. The first point was the validity of information as
presented in the Master Plan, the location of the contours and how
to regard those contours. Larry Hopkins drew a chart showing noise
levels and impacts on its surroundings. This chart was entered into
the record as written evidence. Larry stated their is a technical
method to produce the noise levels. Larry stated that according
to the best method available, the 65 Ldn is not good. He stated
that noise impact begins at 55 Ldn contour. Airport and aircraft
activity is ranged second in the nation as being the most annoying
source of noise. It is a very significant problem, and must be dealt
with in terms of compatibility with surroundings for airport areas.
Larry stated that the Ldn levels presented in the Bend Airport Plan
are not levels generated through FAA approval technique. Larry
suggested that the 65 Ldn level as proposed should be looked at carefully
as it is not considered by himself and DEQ and FAA as appropriate.
Larry stated that if the Bend Airport Plan was to go to DEQ today for
approval, it would be rejected.
JIM SAUL: Jim Saul is a neighboring land owner to the airport. He
related that he has lived at this address since 1967 and has seen
many changes in the growth of the airport. About five years ago, he
had tried to raise chickens to sell some eggs. When he raised his
hens at first they did real good, then they quit laying eggs. Due to
the noise of the airport, his chickens quit laying eggs also. He then
gave this up. He also related that he had a registered mare some years
ago. A jet took off, which scared the mare so that she ran into a gate
and broke her leg. The mare had to be put to sleep. James stated
that he had watched this happen and feels the noise does definitely
impact animals residing in the area. Feels this problem will get worse
as the airport grows. Mr. Saul feels this is why other airports zone
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surrounding lands either industrial or commercial. James Saul stated
that he would like a zone change to industrial or commercial for the
neighboring lands adjacent to the airport.
DON WALKER: Don stated that noise of airports and aircraft also
have an impact on the nervous system. When asked if he wished to
raise animals near an airport, Don stated that if he had a choice
he would not.
KEN CALE: Ken is a neighboring land owner. Ken stated that he had
anticipated spending the rest of his life after retirement at his
home near the airport, but due to recent and proposed expansion this
desire is no longer wanted. He purchased his site to live a peaceful
and quiet life, but feels he cannot do so with the expansion of the
airport.
At this time a rebuttle was held for each side, whereas each point
was re-emphasized as to the importance of the airport and the
compatibility of the surrounding lands.
Chairman Young closed the hearing for further public testimony.
Dan Van Vactor also submitted into the record a document on the
Social Impact of Noise and the Masking and Interference with Speech
Communication.
Chairman Young stated that all oral testimony has been submitted and
continued the hearing for written testimony until Monday, December 22,
1980, at 5:00 p.m. First reading of the ordinance will be held on
Wednesday, December 24, 1980, at 10:00 a.m.
MOTION: COMMISSIONER PAULSON moved to accept written findings of
fact in relation to this ordinance until Monday, December 22,
1980, at 5:00 p.m. and to hold the first reading on Wednesday,
December 24, 1980 at 10:00 a.m.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: AYE.
Being no further business, the meeting was adjourned.
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BOARD OF COUNTY COMMISSIONERS