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2008-901-Minutes for Meeting August 18,2008 Recorded 10/13/2008
DESCHUTES NANCY COUNTY CLERKDS LJ 200Y-901 COMMISSIONERS' JOURNAL 1,1„„ 1,,, 10/13/2008 11:51:25 AM 2008-901 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page 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 MONDAY, AUGUST 18, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Dennis R. Luke, Michael M. Daly and Tammy Melton. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Mark Pilliod and Laurie Craghead, Legal Counsel; Tom Blust, Road Department; Scot Langton, Assessor; and approximately thirty other citizens, including representatives of the media. Chair Luke opened the meeting at 10:00 a. m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was a Public Hearing (continued from August 13) and Consideration of Signature of Order No. 2008-076, Forming the Bend Area Transportation District and Placing a Measure on the November 4, 2008 Ballot. Laurie Craghead said that the City needed more time to meet with Deschutes River Woods residents; and there were problems with the map and legal description not matching. The City had to rework the legal description and maps, but the Department of Revenue indicated they are still not completely correct. Frank Pennock of Deschutes River Woods said that the City held a meeting there; 2,600 cards were sent out to residents and about 35 people attended the meeting, including speakers. There was to be a "pro" and "con" discussion at that meeting; however, no one was there to speak against it. Therefore, the vote in November will be the deciding factor. He would like to be able to proceed quickly with education of the public on this issue. Minutes of Board of Commissioners' Business Meeting Monday, August 18, 2008 Page 1 of 12 Pages Carvie Burge of Deschutes River Woods testified that he was told that the Pennocks are the President and Vice President of the Association, but they have not been for some time. He was also told that there were fifty to sixty people there and some testified against the issue. He has concerns with the transportation district issue. He wants to know why the City has this system when it is inadequate, and graffiti goes up when there is public transit. Not enough time has been given to prepare for this. Commissioner Luke said that there have been numerous hearings and a lot of publicity, and nothing has been hidden from the public. The reason this is now before the Commissioners is that this is a special district and has to be put on the ballot by the County. Mr. Burge said that the notifications were mailed out just two days before the meeting. Mr. Pennock said that they were mailed on Monday for the Thursday meeting. Commissioner Melton stated that the City had adequate time for this. Ms. Craghead stated that the Board had asked that the City have a meeting in Deschutes River Woods, but they had a hard time finding a large enough location. Commissioner Daly asked if Mr. Burge was at the meeting. Mr. Burge said that Stan Martineau attended and gave him feedback on the meeting. Commissioner Melton asked if there is some information available on what actually happened at the meeting. Commissioner Luke stated that there won't be a lot of time available to get this on the ballot. Mr. Burge said that there won't be a lot of users of the transit system and the tax impacts would be negative. He thinks bus service is a waste of money. Commissioner Luke stated that all public transit is subsidized but necessary. Ms. Craghead stated that only the formation of the district would be on the ballot; the actual routes and services would be defined later. There has to be a finding that areas that can be served are to be included. She said that it has to be shown that the area cannot be served to be able to exclude it. Commissioner Daly said that he spent a day as disabled for the day and learned a lot. The disabled community depends heavily on public transportation. Minutes of Board of Commissioners' Business Meeting Monday, August 18, 2008 Page 2 of 12 Pages Commissioner Melton said that she wants to see the City more involved and the maps have to be correct. She won't send this forward on Monday if things are not yet right. Commissioner Luke. stated that the election is the way for people to indicate whether they want to fund this service. The hearing was continued to the Monday, August 25 business meeting. 3. Before the Board was a Public Hearing (continued from August 6 and 13), and Consideration of First Reading of Ordinance No. 2008-0259 Making Certain Determinations and Findings Relating to and Approving the Bend Municipal Airport Urban Renewal Plan (Plan and Report). Mr. Kanner said that John Russell of the City was requested to attend, but that there is no new information to add at this point. Chair Luke opened the public hearing. Commissioner Melton asked if City staff is considered staff for this issue to be discussed with the Board. Mr. Kanner said they are not. Mr. Gisler provided written testimony at this time. He said that he has never seen a fire district oppose such a district. He obtained minutes of the Fire District minutes but did not see where they were allowed to speak for the group. Some have testified before the Board, but it was unclear if they were speaking for themselves. He would like to have their testimony stricken. Commissioner Luke noted his comments but said testimony will not be removed. Mr. Gisler said that the lost revenue would be substantial. He went into detail on the points indicated in his letter. (A copy is attached for reference.) Commissioner Melton said as they balance services of Deschutes County, she wants to be sure that this is not dictated by companies; also, the urban renewal funds cannot be used for personnel purposes. There are other districts that will be coming before the Board that need to be considered as well. Tom Filcich, a resident of Nottingham Square, stated he is disappointed on how money gets spent. He is opposed to the transit system, and thinks that someone someday will want buses going out the airport. Therefore, he opposed the expansion of the Bend airport since there is one in Redmond. Minutes of Board of Commissioners' Business Meeting Monday, August 18, 2008 Page 3 of 12 Pages He hears the planes when they go over his house. A tower would help regulate the planes but he is starting to hear small jet noise over his house. This is an intrusion into his neighborhood. It is disappointing to see the City and County approve an expanded airport. That, and Juniper Ridge and the bus system are before their times. Things should be left as they are. He doesn't want small towns to expand. Commissioner Luke explained that the urban renewal district is set to attract more business, not necessarily to expand the airport. He has not seen plans to do this. Mostly it is to increase the infrastructure. The Urban Renewal Board will address these questions when they arise in the future. Carvie Burge said he was a private pilot for many years, and feels people shouldn't gripe unless you are willing to help. General aviation has been negatively impacted over the years. There is a declining base of private pilots in the country. He feels that much should be in private enterprise hands instead of using public dollars. The same goes for Juniper Ridge, which he feels should have been sold to private enterprise years ago. He feels that improvements should be done with private dollars and government should provide just for the public safety and essential services. Mr. Burge asked if the hangars are owned publicly or privately. Scot Langton, Assessor, said the City does long term leases that do end up on the tax rolls. Commissioner Luke closed the public hearing at this time. Commissioner Melton said that she feels development will still occur without this taking place. They would have to go through the same process as anyone else. There is an enterprise zone there that offers some assistance. Her biggest concern is the master plan and she feels that the cart is before the horse. She wants to know what they are aiming for now. She asked if a control tower will enhance job creation, although it could be a safety issue. She is concerned about the proximity of Redmond's Airport. She does not want to put something in place just to have to amend it later. She is worried about a lot of suggested changes that are not tied to job creation, and would like to see the amendments to the plan done ahead of time. Commissioner Daly stated that he understands her concerns but looks at it differently. There are two major employers at the airport now, and those employees continue to work in the current poor economy. This is a clean, highly technical business. EDCO is given $100M a year to attract businesses just like these. Minutes of Board of Commissioners' Business Meeting Monday, August 18, 2008 Page 4 of 12 Pages He added that the Plan includes some improvements that would enhance use by pilots and are safety related. There is a lot of testimony that said that a control tower might help deal with planes flying over residential areas. They can do what they want to do now. Highway improvements need to be made in any case; the roads there are already failing. Either the community wants economic growth or it doesn't. It will not raise taxes but will help these changes happen sooner, especially the safety issues. He hopes these employers stay in the area. Either the community wants them there or it doesn't. Commissioner Luke asked if the closing of the hearing can be rescinded. Mark Pilliod stated that they can reopen the hearing at this time but additional testimony would have to be allowed. Commissioner Luke said that there are not two votes to pass this today. He would like some questions about the master plan answered by the City, and he is disappointed they did not show up today. The master plan will have to be revised, and zone changes are needed. Commissioner Melton said the master plan has not been updated for ten years. She is concerned about the fire protection issue in particular. Other incentives are available to businesses. Commissioner Daly stated that Roger Lee said that the FAA will fund 90% of a control tower, the balance would have to come from other sources. Commissioner Luke said that this funding won't affect taxes. Mr. Kanner said that they would like to capture frozen valuation by January 1, 2009, so the district has to be in place by about this time next year. He said that this does not change anything with regard to zoning changes and land use approvals, including updating the master plan. Urban renewal plans tend to be aspirational rather than directive. It is not a checklist, but say all the things they could potentially do over the next twenty or more years. They pick what items fit best with the needs at the time. It is more like a guide. Commissioner Melton said that once there is a plan, then you look at the tools to achieve what you need to do. The master plan should come first. The FAA dollars are the incentive to work quickly on the master plan. She would like to see a timeline developed on the master plan update. Minutes of Board of Commissioners' Business Meeting Monday, August 18, 2008 Page 5 of 12 Pages Commissioner Daly says he hopes they are not sending a message to local employers that they are not valued and their needs are not going to be met. This type of employment is very good for the area. Mr. Kanner recommended that the hearing be reopened so that City staff can be asked and answer the relevant questions. MELTON: Move that the hearing be reopened. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. The hearing was recessed until to August 27, 2008 at 10:00 a.m. 4. Before the Board was a Public Hearing and Consideration of Signature of Resolution No. 2008-119, Submitting to the Voters a Proposed Ordinance to Increase the Transient Room Tax Rate to 9%. Mr. Kanner said he has had numerous meetings and discussions with COVA (Central Oregon Visitors Association) and others about this issue over time. Some prefer this not be on the ballot; but if it is, that it be phased in over time and that all of the funds be used for tourism promotion. Most would like to see it go to COVA. Commissioner Melton said that she has heard from Brooks Resources and Sunriver Resort, Roger Lee from EDCO, and others, including the fire districts, who think they should receive some. Mike Schiel of the Fair Association and previously of the Fair Board, said that the economic impact of the Fair & Expo Center is huge and vital. Having room tax dollars is significant. They have been working diligently on a reserve fund to keep up with improvements and remodeling as needed. This increase would raise the room tax to that within the cities. The Fair & Expo has received minimal funding in the past. Others in the State receive this funding for operations. The voters supported building the facility and should support a room tax increase in this regard. The County Fair Board has been talking about this for almost ten years. No one chooses not to come to an area to visit based on the room tax, so this should not cause difficulties. Minutes of Board of Commissioners' Business Meeting Monday, August 18, 2008 Page 6 of 12 Pages Commissioner Melton asked if the discussions were about raising the tax or where it was going. Mr. Schiel said both. They talked about the notion but nothing has been presented until now. Commissioner Luke said this is not a short-term fix; just money over time. Some resorts have commitments for 2009. He would like to see contracts signed by certain dates not be affected. Tom Luersen of Sunriver stated that they have been meeting with the County for some time. The economy is such that occupancy and revenues are down. The timing is difficult. Clearly Mr. Kanner's information shows little impact. He suggested a 1% increase that would be staggered starting January 1, 2010. This could be reevaluated as the economy improves. The proposed allocation of funds clearly supports the Fair & Expo Center, but it may not truly meet the rules. This bill does not talk about promotion. Mike Angus of Northland Furniture Company in Bend read a prepared statement. He is concerned about the immediate and long tem effects of this decision. Penny Bennington, who manages property in Sunriver stated that revenue is up, and she does charge a cleaning fee outside the rental rate. The alternative is to charge the owner. Gregg Mindt said he represents over 1,100 members. He feels that 70% of any new taxes should go to tourism. That was the intent of House Bill 2267. Using this for roads does not fit. Commissioner Luke asked if the County does not plow Road 45, does this not affect tourism. Mr. Mindt said they have to stay within the legislative intent of the bill. In regard to the Fair & Expo, they could work more with COVA and perhaps get funds through a grant process if it fits the overall plan. Commissioner Luke pointed out that deferred maintenance is to be avoided. Sunriver invested substantially in the Great Hall and other buildings. The Fair & Expo requires a subsidy. It needs to be kept up or people won't come there. Minutes of Board of Commissioners' Business Meeting Monday, August 18, 2008 Page 7 of 12 Pages Mr. Kanner clarified that the legislative intent is clearly behind a conference center, which is by all means tourist related. Todd Davidson, the Director of Tourism for Oregon, said he often gets called upon for his perspective. Statewide conference centers do fit in. The intent is whether it draws tourists. This is defined by a trip of over fifty miles or an overnight stay. The Fairgrounds might meet standards if that is its substantial purpose. Commissioner Luke stated that clearly, many people come from other areas for a number of large events there. Larry Browning of the Sunriver area said he is personally opposed to any increase. He pointed out that there is a lot of outside dollars coming in through Sunriver. He thought the Fair & Expo Center was to be self-supporting. Money for this should come from residents, not tourists. He asked about the RV park. Commissioner Luke said that it is within the City and they get revenue from that. Mr. Browning stated that their industry does not run on hotels or motels. The cities should help if the Fair & Expo needs funding. Commissioner Daly said that he is bothered by the fact that they talk about revenue being down. The Board gets a monthly report on room tax, and it always seems to be going up, and is 6% higher than last year. Mr. Browning replied that the number is probably the same as about four or five years ago and clientele is changing. It has taken a while to get back to this point. Jim Kinney of the Inn of the 7th Mountain said he supports the increase that Mr. Luersen presented. Private industry makes a lot of investments to keep things competitive. Room nights were down in July. Groups are sensitive to rate increases and look at the total package. Getting more business here is good for everyone. He asked what the ballot measure would include. Mr. Kanner replied that the summary is broadly stated to include tourism and facilities, and roads principally used by visitors. The debate is open as to what is tourism related. Commissioner Luke pointed out if they stopped plowing the roads due to lack of funds, that would be a big issue. The Forest Service gets a lot of money from leases but does not pay towards roads. Minutes of Board of Commissioners' Business Meeting Monday, August 18, 2008 Page 8 of 12 Pages Alana Audette, CEO of COVA, stated a partnership with COVA has been ongoing for twenty-eight years successfully. What they do is in the best interest of the economic vitality of the area. Revenue and business are tapering off and declining. Each operator is getting a smaller amount and business is more competitive. Funding dedicated to public safety now that the Sheriffs Office has stable funding should perhaps be redirected. Scott Pence, who has been on the COVA board for eight years, explained his qualifications and said that tourism has many needs. They have never spoken with the Fair & Expo people about this even though the general manager of the Fair & Expo is involved with COVA. He said they should have come to him. Visitors should not be expected to support a local entity like that. The County does not understand their business models or their industry. He is opposed to any increase, especially if it goes towards roads. Mr. Kanner noted that the Board needs to discuss any changes they want soon, as the document has to be in the Clerk's hands by September 4. Chair Luke recessed the hearing until August 27; in the meantime, there will be a work session which will be posted. However, testimony won't be taken at those. The Board can continue to receive a-mails and letters since this is not a land use matter. 5. Before the Board was a Discussion of a Code Interpretation regarding Whether Part of a Subdivision may be Designated as a Boundary for a Proposed Restricted Firearms District. Doreen Blome' said Legal Counsel feels the Board needs to interpret the Code in this regard. Commissioner Luke said the legislator discussions had to do with platted subdivisions. It would be dificult to enforce any other way. Ms. Blome' stated that many of the districts have just one or two individuals in an area that is causing a safety or noise issue. Some people say it is a good idea to restrict an area wherein the problem lies. Perhaps this could be addressed on a noise control basis. Commissioner Luke said that it is against the law to shoot in an unsafe manner now. Ms. Blome' stated that this could be a nuisance in regard to noise and/or an unsafe manner. There are 19 districts already but it is a patchwork area. Minutes of Board of Commissioners' Business Meeting Monday, August 18, 2008 Page 9 of 12 Pages Commissioner Luke said that this is a difficult issue and a lot of interest would be generated. Mr. Blome' stated that the Code is vague and citizens would like clarification as to whether it can be in a subdivision or has to include the entire subdivision. Ms. Craghead said that is it not clear in the Code. The ultimate decision rests with the Board. Commissioner Melton reads this as not applying to detached sections or portions of subdivisions. Commissioner Luke agreed. Before the Board was Consideration of Approval of the Consent Agenda. Commissioner Melton asked to remove the minutes of August 6 from the consent agenda. MELTON: Move approval of the consent agenda as amended. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. Consent Agenda Items. 6. Approval of Minutes: • Public Hearings: April 9 and April 30 (Sunriver Text Amendment) • Business Meeting: August 6 and 13 • Work Session: June 16, July 7 and 30 CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 7. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $9,309.16. MELTON: Move approval, subject to review. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, August 18, 2008 Page 10 of 12 Pages CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 8. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $1,052.62. MELTON: Move approval, subject to review. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 9. Before the Board was Consideration of Approval of Accounts Payable Vouchers for Deschutes County in the Amount of $543,696.69. MELTON: Move approval, subject to review. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. 10. ADDITIONS TO THE AGENDA None were offered. Being no further discussion, the meeting adjourned at 1:1Op. m. Minutes of Board of Commissioners' Business Meeting Monday, August 18, 2008 Page 11 of 12 Pages DATED this 18th Day of August 2008 for the Deschutes County Board of Commissioners. is R. Luke, ATTEST: Recording Secretary Minutes of Board of Commissioners' Business Meeting Monday, August 18, 2008 Page 12 of 12 Pages TartrfnvtManeO Melton. Vice Chair o BOARD OF COMMISSIONERS' MEETING _ REQUEST TO SPEAK Agenda Item of lnterest'~h d7 6A-.,_LQ Date r Name Address ,S C(~ ~r Phone #s 1 E-mail address PIN, ❑ In Favor ❑ Neutral/Undecided Submitting written documents as part of testimony? ❑ Yes Opposed No BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest Date l C~ Name _CA Address _ 13 (k UC,QS k C 0 O(E CU Phone #s _s- yf - ~ 3 d E-mail address ❑ In Favor ❑ Neutral/Undecided Submitting written documents as part of testimony? ❑ Yes 91 Opposed © No BOARD OF COMMISSIONERS' MEETING ~ -c REQUEST TO SPEAK Agenda Item of Interest & or%r.T1dw~Di sr Date u Name Address 776 Phone #s Jr`/1- 3 e,::2- ` 6::, 7 , 7 E-mail address ,~2 rleclC 3 8--3 P e6e,eZ C6 In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? 1-1 Yes No o { BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item` of Interest ~ -4V Date Name 1-"/9th L r LAddress Phone #s `d f E-mail address P C-k74_~° t C_ LO p J P C~, L 7 Er In Favor Neutral/Undecided 1-1 Opposed Submitting written documents as part of testimony? 0 Yes No I BOARD OF COMMISSIONERS' MEETING `REQUEST TO SPEAK Agenda Item of Interest //~,j _ 8_ o y Date ~ Name _7~m_ F) X, I P A Address 2-0 ?6 Phone #s E-mail address ❑ In Favor ❑ Neutral/Undecided © Opposed Submitting written documents as part of testimony? ❑ Yes ❑XLNo BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest Date All, t Name G a AA, ~ C) Address . b . w.,V_ Phone #s__1 5-wq 1 1 C?q?, ~ S -~o E-mail address 2 -5u..,L CC+, co 1,_~ ❑ In Favor ❑ Neutral/Undecided Submitting written documents as part of testimony? ❑ Yes Opposed rkNo ~TES r BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest _R VQ Wi T c, j in Date 1.2 10-2 Name Address 7 Phone #s trj LI 2y ~ -I E-mail address ❑ In Favor Neutral/Undecided ❑ Opposed Submitting written documents as part of testimony? ❑ Yes ❑ No JTe ~ Q wG~ 2 o { BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest TL7`- Name CJ /O-A Address IrS-~-5- St,1 Date r Phone #s 9 E-mail address_ _54-w evi t1k M ou n n o ❑ In Favor " Neutral/Undecided ❑ Opposed Submitting written documents as part of testimony? ❑ Yes 4 No ~i 2 7 o Y { BOARD OF COMMISSIONERS' MEETING 1\ REQUEST TO SPEAK Agenda Item of Interest 9VY01 LP Date j Name , ('V'! ~ ~L Address t V VV..j (W Phone #s U- >--06,q - q 6k- F E-mail address [)~/In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? F] Yes zxb_~ BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest.-A 7 TR..►~-n r ~.r Tax Date v/ r Name TD)%.- t t&4 rr-e,~ Address y4"1--7 /V, W. Po 1dr A-V t-, LR -C A. 4 Q Q. 47 )P Phone #s E-mail address F] In Favor F1 Neutral/Undecided Submitting written documents as part of testimony? ~ 'es Opposed No L { BOARD OF COMMISSIONERS' MEETING ~AAS, REQUEST TO SPEAK Agenda Item of Interest ,~,~/fir Date / Name Address 4W S4 Phone #s e741 9770Z- E-mail address 11KIA@iYaf'TI~L~fG vi77~~1= <o In Favor Neutral/Undecided X Opposed Submitting written documents as part of testimony? F]Yes ® No LUTES C BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest rat S e; d / Dated Name 23 /7YI /~?97 I"Ct7 vw Address Phone #s E-mail address ell t-1 / , a P,.,/ In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? ® Yes F.] No 1'JT CU hJ GJ~ off, '~2 (u -i o { BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest l' Date ~f J 91-a Name Address l sph,~ c 41-70 Phone #s 5,03- 7 37--,7- '75 7 SU3--7,/J3-:2-1 z0 cdl E-mail address In Favor F-] Neutral/Undecided Opposed Submitting written documents as part of testimony? Ef Yes F] No ~J^res ~4 o { BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest owtic3 7, 8 -tiq QQM q~c Date (a /08- Name `-Tn;;n Ida,►.~.~ Address np Gj~ba ~_A~ 40AMIZMID Phone #s $Q3 - 378 - 8850 E-mail address F] In Favor X Neutral/Undecided ~ Opposed Submitting written documents as part of testimony? Yes ~ No O Er` \\Z o { BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest ~y~~ Date ~ . Name 21A L~ V Address X f` Phone #s 9 ~ y 9 -2- E-mail address r,S Co v',~~= yl. rtl,-, ❑ In Favor ❑ Neutral/Undecided Opposed Submitting written documents as part of testimony? ❑ Yes No August 13, 2008 Deschutes County Board of County Commissioners Deschutes County Urban Renewal Board Courthouse Bend, OR 97701 RE: Proposed Bend Airport Urban Renewal District Dear Madame and Sirs, Please consider this letter as written testimony of Gibson Airpark, LLC in the referenced matter. Gibson Airpark, LLC is the nearest neighbor and only private landowner within the proposed District. The following testimony represents the opinions of Gibson Airpark, LLC. We are very puzzled and disturbed by the testimony of the Deschutes County Rural Fire Protection District #2 Manager and two, yes, two Board members. It is impossible that this much attention from the Fire District can arise from the matter of thirty-something thousand dollars! The one clear impression we get is that there are other agendas involved that have nothing to do with the Fire District. We believe the central gist of the combined testimony of these three is both incorrect and short-sighted. Due to time limitations, we do not have access to the budget figures for the Fire District, but our guess is that the "loss" is a miniscule portion of the total Fire District budget. The modest dollar shortage is very quickly made up and comes back to the Fire District with many, many friends. For example, if (big if) the private lands were to become part of the airport, the land value increase would yield some $200,000 in tax revenues, PER YEAR. If just the private lands were built out with just hangars, the taxes on improvements would yield more than $2.5 Million in tax revenues, PER YEAR. The additional City-owned lands are a large multiple of this figure for improvements. We don't know the millage rate for the Fire District, but there is no doubt that the money comes back fifty-fold or more. In the many years of working with the County and with Districts, we have never seen an Urban Renewal District opposed by the Fire District. We must again question the agenda and motives of the Fire District Board Members. Are these Board Members testifying as private citizens or as the Fire District? You should ask for a copy of the minutes and resolution of the DCRFPD#2 authorizing these people to speak in behalf of the Board. We doubt that such a resolution exists. If they are not speaking in behalf of the Board, then we object to their testimony in its entirety and ask that it be stricken from the record and disregarded as deceptive and a misrepresentation. We do not object to their testimony as individuals, but it would be deceptive to presume that the testimony represents the formal adopted position of the Fire District Board absent written documentation. Cc: City of Bend Deschutes Rural Fire Protection District #2 11 W4 A Textron Company July 11, 2008 Deschutes County Community Development Department 117 NW Lafayette Avenue Bend, OR 97701 Subject: File Number PA08-m= (file number to be provided to Cessna) Dear Sirs and Madames, Cessna's Bend Plant adjoins the subject property at the Bend Airport. The proposed zone change will benefit the Bend Airport and Cessna Accordingly, please consider this letter an affirmation of our support and join the City of Bend in recommending approval of the referenced proposal. Sincerely, z~ Mark WM mw General Manager, Cessna Bend 541-330-4100 Office 541-7884654 Cell 000W JUL 14 2008 D CUM CDD Cesana Aircraft Company 22550 Nelson Road. Bend, OR 97701,541.31&1144.541.31&1177 Page 1 of 2 Bonnie Baker From: Nunzie [nunzie@pacifier.com] Sent: Wednesday, August 06, 2008 2:02 AM To: Dennis Luke; Mike Daly; Tammy Melton; Mike Daly Cc: Bonnie Baker Subject: (Spam?) Bend Airport Urban Renewal Plan Public Hearing Testimony for 8/6/08 agenda 11 Please enter this testimony into the public hearing record RE: 8/6/08 item 11. PUBLIC HEARING and Consideration of First Reading of Ordinance No. 2008-025, Making Certain Determinations and Findings Relating to and Approving the Bend Municipal Airport Urban Renewal Plan (Plan and Report) -Dave Kanner, County Administrator; John Russell, City of Bend http://www.d. eschutes.o~ oardCalendar/docs/2567/8-6-08_ Board_M_tg,_Agenda.p_df http://www.desghutes.org/boardCalendar/docs/2567/Bend=Airport_Plan.-pdf Dear Deschutes County Commissioners: As recent this summer and owing to budget shortfalls at the City of Bend, additional monies were drawn from the City of Bend general fund to keep the Rural Tumalo Fire Station open. Next year, there is an expected increase in budget woes at the City of Bend which could further jeopardise staffing numbers at, hours of operation at and response times from the Tumalo Fire Station which is within the DCR FPD #2 district. There has been mention of closing the fire station if budget shortfalls become so dire. As you know, many rural Tumalo residents rely on the services from the Tumalo Fire Station which substantially improve the quality of life for response times for fire, life and safety and within 5 miles of the Tumalo Fire Station for reduced fire insurance premiums and reduced health insurance premiums. The Bend Airport Urban Renewel Plan you are taking public testimony on today will limit the revenues from new development within the DCRFPD #2, and should the program be successful to generate growth within this boundary, it will increase the demand on the Rural Fire District to provide more intense coverage, since what is proposed is to generate more buildings, more occupants, more traffic. (All without a tax revenue stream to the Fire District from these new improvements). Add to this the current economic downturn and foreclosure woes and it is quite conceivable that revenue collection rates and monies collected by the Rural Fire District will be less than in previous years and that property owners will appeal tax increases factored for this and/or future years. I encourage the Commission to provide a stable base for services for fire, ambulance and emergency personnel. It is not adequate to ask a portion of the rural fire district to accept reduced levels of service or hours of operation or staffing of for instance the Tumalo Fire Hall in order to provide adequate response time for an expanding density especially if this expansion is capping revenue to the Rural Fire District #2. Whilst I do see identified in page 7 of the Urban Renewel Plan item F. 1. "Construct Emergency Services Facility", I do not see where the funding for this new facility will be coming from, whether there is support from the DCRFPD #2 Board for such a facility and / or what assurance the City of Bend will offer that existing levels of service, staffing numbers, equipment, hours of fire station operation and response times will be guarranteed to the existing members of the fire district at the existing infrastructure locations. If the City of Bend is expecting the Rural Fire District to subsedize the City's expansion, (since the City's Urban Renewel District collects added revenue whilst the Rural Fire District would not see revenues on any new construction for 24 years), it seems only a matter of time before the Rural Fire District will be increasing rates to offset the increased needs of such new service and emergency services facility. In this case, it would appear hat members of the DCRFPD #2 should be voting on this matter of financial implication. What assurance will Deschutes County give your existing tax payers to protect our current levels of emergency services prior to expanding demand on our services without adequate revenues to fund such an expansion? Thank you in advance for answering my question and for listening to my concerns. Several of these issues have been identified in correspondance since June 2008 between DCRFPD #2 Board, the Tashman Johnson LLC 8/20/2008 consultants and the City of Bend and yet do not appear in your informational links. Nunzie Gould, member of DCRFPD #2 19845 JW Brown Rd Bend, OR 97701 541-420-3325 1'age 2 of 2 8/20/2008 Page 1 of 1 Bonnie Baker From: Dave Kanner Sent: Friday, August 08, 2008 9:48 AM To: Bonnie Baker Subject: FW. Airport urban renewal Bonnie - The following e-mail should be entered in the record of the public hearing on the Airport Urban Renewal Plan From: John Russell [mailto:JRu 1.1@a c .bencl.or us] Sent: Thursday, August 07, 2008 3:29 PM To: Dave Kanner Cc: Tom Fay Subject: Airport urban renewal Dave: Tom Fay and I agree on modifying the title of the emergency services facility in the airport plan as shown below. Please enter the new language in the public hearing record. Construct EmeraencX_Services_Facility (.Type and Location to be determined. Thanks in advance, jr John R. Russell, A.ICP Director Urban Renewal/Economic Development City of Bend PO Box 431 710 NW Wall St. Bend, OR 97709 phone - 541-312-4913 fax - 541-385-6676 8/20/2008 August 8, 2008 RE: Urban Renewal at the Bend Airport Dear Commissioner, I am writing today as we will not be in town next Wednesday to comment on this issue. We am against the urban renewal plan. We believe there are many issues but those should be addressed in the EA plan and on the updating of the county comprehensive zone plan. Some background on us. My husband and I are both second or more generation Oregonians. We love the state and beautiful Central Oregon moving to the Bend area in 1983. After much research we purchased the property we are on in 1989 as our retirement home. The research included the airport and projected growth of such. We were told that the airport would always remain a small airport serving only the needs of the hobby pilot. There were no plans of ever having any commercial interests there. The Redmond airport was the major one and since there was so much buildup of homes any other commercial aspect not handled by Redmond would be best served by Prineville. That unfortunately has changed over the years as the area has grown and we have adapted to the major increase of traffic on Powell Butte Highway... to the point where we plan when we leave so we can get out of our driveway. We are very concerned with the talk of adding even more employees to the airport as we already have enough traffic at peak times. We are also VERY concerned that in the airport Environmental Analysis, AFTER I brought it to their attention, that the intersection with Powell Butte Hwy and Neff/Alfalfa Market was never studied. That to us is a glaring omission that they wish to avoid since the intersection is so deadly. The meaning here to us is that the airport only wishes to avoid anything that might hinder their development and they don't give a dang about the safety of Deschutes County citizens. Now, addressing the urban renewal district which is just funding. We believe that it is a hidden tax on the residence of Deschutes County to primarily fund two private industries... Cessna and Epic Air. The Bend Airport tells us that there are no major impacts with creating an urban renewal district but we all know that funding has to come from somewhere and our county government services will take a major hit... just as the Bend Rural Fire District testified. It is not only them that responds to the increase dangers but our Sheriff's Office as well will take a bigger hit with increased calls than what is in this projection that we believe was minimized to get approval. The Sheriff Office is already hurting and need more officers to respond to calls. In traffic and workers in the urban renewal area will increase demand on their services with a frozen tax base. Where will the funds come from that will be missing for COCC, government services, 4H and those things that will have their funds frozen for up to 25 years? More bonds will be asked for the taxpayer to make up the difference... resulting in what we consider a hidden tax. We can't let our Fire department go bankrupt as they testify would happen if this is approved. Our Deschutes County has already taken a reduction in the planning department for lack of funds. The city of Bend will not suffer funding cuts from this but it is them that will benefit from the urban renewal plan at the expense of Deschutes County as a whole. We feel that we are being asked to fund private industry to entice them to stay. Cessna won't stay unless they can expand and they have to have an expensive compass rose to stay and most other improvements in the urban renewal plan are meant for those companies alone... so then if it is Cessna and Epic that need these large expenditure to stay in business then they should be the ones to fund it not the taxpayers of Deschutes County. We don't need to add layers to the runway for increased weight. The airport in Redmond is there to handle the need of that large of plane. It is only a few minutes away. The weight limit was there to protect area residences from the noise of larger planes and increased air traffic. Bend was never intended for such use with the homes built around it. As we stated above the purpose was not industry but for the hobbyist pilot. The airport is limited on land so what happens when Cessna and/or Epic can no longer expand? They will leave and leave the airport with large structures empty and deteriorating. What will happen to Powell Butte Highway with the increased traffic demands in the next 2S years if these companies and others continue to expand (if more property is made available for such expansion of the airport?) The noise and danger of testing aircraft affects many citizens as testified already. They are testing aircraft over heavily populated areas of Deschutes County affecting the safety of such. In Prineville the airport has commercial buildings and open space which lends itself to better facilitate testing of manufacture of aircraft. It scares me living below an area that has uncertified planes flying above me and also the great numbers of training pilots of helicopters and planes. This has not been a problem in the past but with the new airport management all they see is dollar signs and they don't seem to care about the safety of Deschutes County residences that were here before that big money came into play. The city of Bend seem to forget that we are taxpayers which is easy for them to do since they don't collect taxes from us. This urban renewal plan is asking us to fund improvements that will adversely affect the quality of our lives so that Bend and the big players, Cessna and Epic Air, will benefit at our expense. We are concerned with how the tax dollars from this urban renewal plan would be used to further deteriorate the lives of people that were here before the airport and the City of Bend become so money hungry. We are concerned about our quality of life as more demands are placed on our fixed income to pay for large industry this urban renewal plan will place upon us... meaning the bonds or whatever else is used to make up for the tax dollars that would be frozen to our county government to fund private industry and the city of Bend. We urge you to deny this urban renewal plan. Thank you for your consideration in this matter. Leslie and Harry Ketrenos 62237 Powell Butte Hwy. Bend, Or. 97701 Jk a~6~ I AUG - 8 2008 BOARD OF COMMISSIONERS Page 1 of 1 Bonnie Baker From: Brandon Wilcox [brandon@proairservices.comj Sent: Friday, August 15, 2008 10:06 AM To: Board Subject: Airport Urban Renewal Area Dear Board of Commissioners, I am writing in strong support of the Airport Urban Renewal Area project. Aviation is a difficult industry to be successful in at best and any support given by the local government to encourage growth is greatly appreciated. With your support, along with help from the city and state, the Bend Airport can become an economic powerhouse and do much for the local economy. The approval of the Airport Urban Renewal Area will reap benefits for some time. Sincerely, Y>rclm'aDvu VVLLCOK Partntri Gev~.erm manager FrafeSSiOwaLA4 y 541-388-0019 8/20/2008 Page 1 of 1 Bonnie Baker From: Eric Strobel [eric@edcoinfo.com] Sent: Monday, August 18, 2008 9:10 AM To: Board; Dave Kanner Cc: jrussell@ci.bend.or.us Subject: Urban Renewal Support Letter from EDCO Attachments: Bend Airport Urban Renewal District (electronic).doc Greetings, Please excuse the late hour in which this support letter arrives. Attached is a letter from EDCO supporting the establishment of an urban renewal district at the Bend Municipal Airport. If possible, please include the letter in today's hearing. Thank you for your consideration, Eric Strobel Business Development Manager Economic Development for Central Oregon www.edcoinfo.com p 541-388-3236 c 541-390-8623 f 541-388-6705 8/18/2008 ECONOMIC DEVELOPMENT FOR CENTRAL OREGON August 18, 2008 Deschutes Board of Commissioners c/o Dave Kanner 1300 NW Wall St.., Suite 200 Bend, OR 97701 Dear Commissioners: On behalf of Economic Development for Central Oregon (EDCO) I would like to express my support for the proposed urban renewal district at the Bend Airport. As you know, this vital transportation asset is home to most of the tri-county area's growing aerospace/aircraft industry. Manufacturing activities, along with the frequent emplanements, make the Bend Airport arguably one of the busiest non-commercial airports in Oregon. Earlier this year, an independent study commissioned by the Oregon Aviation Department stated that these activities total more than $578 million in economic impact - a figure even higher than Central Oregon's tourism industry. Proper funding is the main issue holding back EDCO and the community of Bend's ability to provide the necessary modern infrastructure needed for safety and to accommodate ongoing economic growth in this sector. The list of needed improvements at the Bend Airport is significant and costly. Included are Bend's first traffic control tower (which Cessna has agreed to help operate once constructed), new eastside taxiway, and compass rose for calibration of newly manufactured aircraft among other projects. Property tax revenue raised from incremental growth by new or existing manufacturers as well as new hangar development at the airport will form the foundation of a stable and predictable funding source. Importantly, these funds can be used to leverage federal funding from the Federal Aviation Administration (FAA) - with many times FAA funding covering 90-95% of the funding. Without the proposed urban renewal district, there is insufficient sources of funding to even match the FAA's 5-10% requirements. Contrast this situation to other parts of the U.S. that are trying to recruit their own aviation clusters. These efforts are well-funded, highly organized and focused on creating the very best possible environment for the industry and its multitude of subcontractors to succeed. Led by companies at the Bend Airport, the Central Oregon region has the opportunity to be the world-class leader in this exciting sector if its infrastructure is outstanding. tuc.u • 1U9 NW Greenwood Avenue, Suite 102 • Bend, OR 97701 • 800-342-4135 • www.edcoinfo.com Deschutes County Commission August 18, 2008 Page 2 of 2 We know and understand that there will be financial impacts to the special districts serving the airport resulting from the new Urban Renewal District. For some special districts (fire districts) will find that new investments and economic activity could create a greater workload or need for specialized equipment. We would encourage the Commission to look for ways to work with these special districts and the City of Bend on providing some revenue to these impacted districts which are essentially providing an infrastructure component - fire protection. Thank you for the opportunity to provide testimony on this important project. We look forward to being involved in this and future stages of the process. Sincerely, Roger J. Lee Director tuCO • 109 NW Greenwood Avenue, Suite 102 • Bend, OR 97701 • 800-342-4135 • www.edcoinfo.com Brooks Resources Corporation August 18, 2008 Deschutes County Commissioners 1300 NW Wall Street Bend, Oregon 97701 Dear Commissioners, I understand that the County is considering raising the room tax rate to 9% and allocating the increased tax revenue to the county road fund. Our business and Deschutes County have benefited economically over the years from the success of the tourism industry. Given the current strains on tourism created from the slow down in our statewide and national economy we would like to recommend that the County not increase the room tax rate at this time. The people who come to Central Oregon have a choice of where they choose to spend their vacation dollars. Our first hand experience at Mount Bachelor Village Resort is that business group travelers are quite sensitive to the room tax rates in their decisions on where to hold their meetings. Maybe more troubling is the proposal to use the proceeds from the increase in tax rate for something other than the promotion of tourism. We at Brooks Resources Corporation feel strongly that the County allocate funds to tourism promotion according to the existing 70/30 split, with 70% being tourism's share. Sincerely, Kirk Schueler President 409 NW Franklin Avenue Bend, Oregon 97701 (541) 382-1662 (Fax (541) 385-3285 www.brooksresources.com 0 PrImad W recycled paper Brooks Resources Corporation August 18, 2008 Deschutes County Commissioners 1300 NW Wall Street Bend, OR 97701 Dear Commissioners, As the Vice President of Sales and Marketing for Brooks Resources Corporation, I am writing to express my concern over the proposed room tax increase. I am aware that the County is considering raising the room tax rate to 9% and allocating the increased tax revenue to the county road fund. An increase in the room tax rate at this time is not a wise decision given our current economic conditions. Additionally, we feel that the County allocate funds to tourism promotion as outlined in House Bill 2267, with a 70/30 split (70% going to tourism related marketing and/or facilities). Serving on the COVA Board of Directors and being an active member of the organization for years, we are fully aware that business group travelers are sensitive to room tax rates and the rates certainly play a part in their decision on where they travel. Our business benefits significantly from tourism and the satisfaction that visitors have while in our community. Please reconsider the tax increase at this time. With economic conditions as challenging as they are right now and straining the tourism industry, an increase could have a very negative impact on an already difficult business environment. Since •ely, "1 Ro y Mo ensen Vice President, Sales & Marketing Brooks Resources Corporation 409 NW Franklin Avenue Bend, Oregon 97701 (541) 382-1662 (Fax (541) 385-3285 www.brooksresources.com 0 Printed an recycled paper August 13, 2008 Deschutes County Commissioners 1300 NW Wall Street, Suite 200 Bend, OR 97701-1960 Dear Commissioners: As the Managing Director of Sunriver Resort and a major employer in Deschutes County, I am deeply concerned over the proposed room tax increase. Our business relies on tourists and locals to succeed. Given the economic slowdown in Central Oregon-and across the state-the tax increase from 7% to 9% is significant and represents a 28.6% increase to our guests. Statistics show that when consumers are expected to contribute more, consumers will decrease their spending in other areas. Before taking further action, I urge you to remember that even slight changes can have a detrimental effect on Sunriver Resort and our employees. I am aware that there has been talk of using new revenue for roadwork. I am also aware that state law says that any increases in the lodging tax must be allocated with no less than 70% of the increase being dedicated to tourism promotion and tourism related facilities. Should a lodging tax even be considered, let the lodging industry and COVA help determine the best use of room tax for marketing promotions that deliver the highest return on the investment to benefit the entire county. By bringing more people to visit and come to Deschutes County, revenue for all businesses AND the county will increase. I respectfully recommend that you work with the lodging industry and other members of the tourism and hospitality industry to reach a solution that is amenable to all parties. Local hotel and resort operators are an integral part of Deschutes County and should be a part of finding a solution that benefits all of us. Sincerely, Tom Tom O'Shea Managing Director, Sunriver Resort cc: Dave Kanner, County Administrator OREGON ASSOCIATION August 18, 2008 Deschutes County Commissioners 1300 NW Wall Street, Suite 200 Bend, OR 97701-1960 Dear Commissioners, I have been asked by the Board of Directors of the Oregon Lodging Association and by travel and tourism industry members in Deschutes County to provide input on the issue of a proposed County-wide room tax increase to 9% that has been discussed by the County administrator and at the Deschutes County Board of Commissioners work session on August 6. Oregon law clearly states that any increase in the room tax must be allocated with no less than 70% being dedicated to tourism and tourism related facilities and up to 30% being allocated for city or county services (ORS 320.350 (6)). The Oregon Lodging Association and Deschutes County lodging operators are unanimously opposed to the idea that any transient room tax revenues be used for county roads. However, it was the intent of the legislation passed in 2003 that roads and other city or county services could be funded with up to 30% of any new or increased transient lodging tax. If the Commission considers an increase in the County lodging tax, the Commission must also consider current economic conditions. The most up-to- date data from Smith Travel Research, the lodging industry's leading information and data provider, show that occupancy and other indicators are all trending downward in Deschutes County and have been over the past 12 months. County-wide occupancy (as tracked by Smith Travel Research) for June 2008 was 61%. This represents an 8.1% decrease vs. June 2007. Occupancy year-to-date is 45%--a decrease of 6% vs. the same period in 2007. The prospect for future occupancy growth is equally concerning as the end of the summer season nears and the industry braces for a slowing economy. Another topic that has been considered by the Board of Commissioners is the use of room tax funds to support the Deschutes County Fairgrounds and Expo Center. To qualify within the statutory framework, these facilities must have "a substantial purpose of supporting tourism promotion or accommodating tourist activities" (ORS 320.305(9)(b)). Tourists are defined in statute as those persons who come to the facility from over 50 miles away or stay overnight. Prior to determining that any facility meets the standards of a "tourism-related facility," it is incumbent upon the County to provide evidence that the facility falls within the statutory definition. It is clear that some tourism benefit is realized when significant statewide events, conventions or large group meetings bring visitors from outside Deschutes County to use the Expo Center facility. To that end, Deschutes County lodging operators have offered to meet with the Fair board and staff to explore ways to work closer with COVA to improve the overall marketing of this property to tourists and increase the tourism benefits for industry, the County and all of Central Oregon. OLA 1 8600 SW Salish Lane, Suite 3 1 Wilsonville, Oregon 97070 1 T: 503-783-2797 1 F: 503-783-2798 1 E: info@oregonlodging.com "Iwiv. oregonlodgirzg. coat 08/17/2008 21:44 5415935207 SRNC 1 PAGE 01/01 SUNRIVER NATURE CENTER. & OBSERVATORY, INC. Via Facsimile: 385-3202 August 18, 2008 Deschutes County Commissioners 1300 NW Wall Street, Suite 200 Bend, OR 97701.1960 Dear Commissioners, I am the Executive Director of Sunriver Nature Center & Observatory and am writing on behalf of the Board of Directors to express our concern over the proposed room tax increase. The viability of our non- profit organization relies to a large extent on tourism and the local tourist supported businesses for our support, Given the current economic slowdown in Central Oregon-and across the state-we are concerned about the impact that this increase in the cost to visitors to our region will have on our organization. Before taking further action we urge you to remember that even slight changes in costs can have an adverse effect on tourism and in turn impact our operations. If we can get more visitors coming to Deschutes County, revenue for all businesses AND the County will increase, so this tax increase could be counterproductive to County income. We respectfully recommend that the County work with the lodging industry and other members of the tourism and hospitality industry to reach a transient room tax and tourism promotion solution that is amenable to all parties. Local transient visitors and resort operators are an integral part of the future success of our non-profit. We have concern regarding any initiative that will discourage and/or not promote increased visitation to our region and that will, in turn, reduce visitors to support and experience the educational opportunities the Sunriver Nature Center & Observatory offers. Thank you. Sincerely, Q Kathy Pazera, Executive Director Sunriver Nature Center & Observatory cc: Dave Kanner, County Administrator InRpirc prrarnt a+id filf.a.- Fenerad01L9 to cheric4 and ttn,dRrai A non-praflt corporation Sunriver Nature Center & Observatory, .Inc. E.I. #98-08179(17 Founded in 1968 RO. Bne 3533 Incorporated in M82 Sunriver, OR 97707.0533 www.SunrivFrNA torPr,,Pntp.r, nrg and OW tatural world Administration: (541) 59A-4442 Obeervatory;(541)598-44o6 Visitor's Center: (541) 593.4394 Fax (541) 593.5207 in Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes or BUSINESS MEETING AGENDA - FOR THE WEEK DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, AUGUST 18, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend 1. 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. Citizens who wish to speak should sign up prior to the beginning of the meeting on the sign-up cards provided. Please use the microphone and also state your name and address at the time the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing will NOT be included in the record of that hearing. 2. A PUBLIC HEARING (continued from August 13) and Consideration of Signature of Order No. 2008-076, Forming the Bend Area Transportation District and Placing a Measure on the November 4, 2008 Ballot - Laurie Craghead, Legal Counsel 3. A PUBLIC HEARING (continued from August 6 and 13), and Consideration of First Reading of Ordinance No. 2008-025, Making Certain Determinations and Findings Relating to and Approving the Bend Municipal Airport Urban Renewal Plan (Plan and Report) - Dave Kanner, County Administrator; John Russell, City of Bend 4. A PUBLIC HEARING and Consideration of Signature of Resolution No. 2008-119, Submitting to the Voters a Proposed Ordinance to Increase the Transient Room Tax Rate to 9% - Dave Kanner, County Administrator 5. DISCUSSION of a Code Change regarding Whether Part of a Subdivision may be Designated as a Boundary for a Proposed Restricted Firearms District - Doreen Blome , Community Development; Laurie Craghead, Legal Counsel Board of Commissioners' Business Meeting Agenda Monday, August 18, 2008 Page 1 of 7 Pages CONSENT AGENDA 6. Approval of Minutes: • Public Hearings: April 9 and April 30 (Sunriver Text Amendment) • Business Meeting: August 6 and 13 • Work Session: June 16, July 7 and 30 CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 7. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9-1-1 County Service District CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 8. CONSIDERATION of Approval of Accounts Payable Vouchers for the Extension/4-H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 9. CONSIDERATION of Approval of Accounts Payable Vouchers for Deschutes County 10. ADDITIONS TO THE AGENDA Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. Board of Commissioners' Business Meeting Agenda Monday, August 18, 2008 Page 2 of 7 Pages 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. If you have questions regarding a meeting, please call 388-6572.) Monday, August 18 2008 10:00 a.m. Board of Commissioners' Meeting 12 noon Regular Meeting of Board of Commissioners and Department Directors 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday August 20, 2008 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, August 21, 2008 11:00 a.m. Meeting with Commission on Children & Families Board; Interview Candidates Monda,August 25, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, August 27, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, August 28, 2008 5:00 p.m. Joint Meeting of Board of Commissioners and Planning Commission Monday, September 1 2008 Most County offices will be closed to observe the Labor Day Holiday Wednesday September 3 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, August 18, 2008 Page 3 of 7 Pages Thursdav, September 4 2008 10:00 a.m. Quarterly Meeting with District Attorney 11:00 a.m. Quarterly Meeting with Community Development Department 1:30 p.m. Quarterly Meeting with the Road Department Monday, September 8 2008 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Wednesday, September 10, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, September 11 2008 7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond 11:00 a.m. Quarterly Meeting with Mental Health Department 1:00 P.M. Quarterly Meeting with Health Department Monday, September 15 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 5:30 p.m. (Tentative) Joint Meeting with City of Bend Council Wednesday, September 17, 2008 8:00 a.m. Public Affairs Counsel Conference Call - Legislative Update 1:30 p.m. Administrative Work Session - could include executive session(s) 5:30 p.m. Public Hearing on Aspen Lakes Text Amendment Thursday, September 18 2008 9:00 a.m. Semi-annual Meeting with the County Clerk 10:00 a.m. Quarterly Meeting with Community Justice Board of Commissioners' Business Meeting Agenda Monday, August 18, 2008 Page 4 of 7 Pages Monday, September 22, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday September 24, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, September 25, 2008 9:00 a.m. Quarterly Meeting with Fair & Expo Center 10:00 a.m. Semi-annual Meeting with Assessor 11:00 a.m. Quarterly Meeting with Commission on Children & Families Monday, September 29, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday October 1 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, October 6 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday October 8 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday October 15, 2008 1:30 p.m. Administrative Work Session - could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, August 18, 2008 Page 5 of 7 Pages Monday, October 20, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesdav October 22, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, October 27, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday. October 29, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, November 3 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesdav November 5 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, November 6 2008 8:00 a.m. Regular Meeting with Sisters City Council, Sisters City Hall 9:30 a.m. Regular Meeting with Judge Fadeley, Sisters Monday, November 10, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, August 18, 2008 Page 6 of 7 Pages Wednesday November 12, 2008 8:00 a.m. Conference Call, Public Affairs Counsel (State Lobbyist) 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday November 13 2008 7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. Board of Commissioners' Business Meeting Agenda Monday, August 18, 2008 Page 7 of 7 Pages DRAFT BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN Document Reproduces Poorly (Archived) Deschutes County County Commission: Dennis Luke, Chair Tammy (Baney) Melton, Vice Chair Mike Daly, Commissioner County Planning Commission: Keith Cyrus, Chair, Sisters Area Richard Klyce, Redmond Area Brenda Pace, Bend Area Todd Turner, Vice Chair, Bend Area Kelly L. Smith, At Large Susan S. Quatre, At Large Robert A. Otteni, South County Area County Staff: Catherine Morrow, Planning Director Mark Pilliod, Legal Counsel David Kanner, Chief Administrative Officer City of Bend Staff : John Russell, AICP, Director, Urban Renewal, Economic Development Susan L Palmeri, Airport Manager Consultant Team: Tashman Johnson LLc Jeannette Launer, Attorney Elaine Howard Consulting LLC James Vanden Bos j TABLE OF CONTENTS 1. INTRODUCTION 1 II. MAP AND LEGAL DESCRIPTION OF URBAN RENEWAL AREA 5 III. OUTLINE OF MAJOR URBAN RENEWAL PROJECT ACTIVITIES IV. URBAN RENEWAL PROJECTS V. PROPERTY ACQUISITION AND DISPOSITION VI. RELOCATION METHODS VII. TAX INCREMENT FINANCING OF PLAN VIII. FUTURE AMENDMENTS TO PLAN IX. RELATIONSHIP TO LOCAL OBJECTIVES 8 11 13 13 14 16 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN 1. INTRODUCTION The Bend Municipal Airport Urban Renewal Plan (the "Plan") contains goals, objectives and projects for the development and redevelopment of the Bend Municipal Airport Urban Renewal Area ("Area"). Located northeast of the city of Bend, Oregon, the Bend Municipal Airport ("Airport") traces its history back to 1942. The country was at war and there was an immediate need across the western states for training sites for aviators for the war effort. To this purpose, a group of patriotic Bend citizens banded together to deed a small piece of farmland to the City of Bend for the express intent that a municipally owned and operated landing strip be established. The site was developed and used for pilot training throughout World War ll. Following the war, the airstrip was maintained by the City of Bend for general use, where it experienced slow growth throughout the 1950's and 1960's. By the 1970's, it was clear that the Airport was becoming a part of the transportation network for Central Oregon and development of a comprehensive Airport Master Plan was undertaken in 1979. This plan established much of the direction for development at the Airport and forecasted significant growth in activity at the Airport in coming years. Today, in 2008, the Bend Municipal Airport stands poised to serve as the general aviation and corporate aviation gateway to Central Oregon, for now and into the future. Facilities at the Airport include a single runway 5,200 feet in length and a corresponding full parallel taxiway. The Airport is identified as a Category 2, High Activity Business and General Aviation airport by the Oregon Department of Aviation, and there are over 200 aircraft based there with approximately 50,000 estimated annual operations. Today, more than eighteen aviation-related businesses are located on the airport employing more than 1500 people, making the Bend Municipal Airport one of the largest sites of family-wage jobs in Deschutes County. In 2007 and 2008 substantial new growth has occurred and future new growth has been discussed at the Airport. Cessna Aircraft Company acquired the Columbia Aircraft Manufacturing Corporation facility in 2007 and Aero Facilities and Epic Aircraft are planning to develop additional facilities on the east side of the Airport. In March of 2008, Cessna announced they had hired an additional 100 employees and in April of 2008 they publicly discussed the need for a control tower at the Airport to support their burgeoning facility. However, the Airport requires substantial public investment in infrastructure and facilities to continue to accommodate aviation activity growth and aviation-related industrial development. In the spring of 2008, the City of Bend approached Deschutes County with a suggestion to consider an urban renewal plan for the Bend Municipal Airport to help address facility and infrastructure needs. In April of 2008, as a first step, the Deschutes County Commission activated an urban renewal agency and designated the County Commission to act as the Urban Renewal Agency board. Deschutes County I June 2008 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN The Area, shown in Figure 1, contains approximately 526 acres including 22.63 acres of right of way. The Area includes all the land currently zoned for airport uses (approximately 415 acres) and, in addition, adjoining parcels which are either entirely or partially designated as being inside the "65 dBA DNL noise contours" which means that they are significantly affected by the noise of airport operations to the extent their use for non airport purposes is constrained. The additional properties are zoned Exclusive Farm Use (EFU). These additional nd individual. Sparcels are owned by the City of Bend, ee accompanying Report for maps and Deschutes County and one private ownership information) The Plan would be administered by the Deschutes County Urban Renewal Agency ("Agency"). An advisory committee will be appointed to recommend actions to the Agency for implementation of the Plan. The advisory committee is anticipated to include representatives of the City of Bend. Major changes to the Plan, if necessary, must be approved the by the County Commission as Plan. The Plan is accompanied tby and Urban Rene Amendments to th wal Report ("Report") that contains additional information. Projects and programs under the Plan are anticipated to last approximately 25 years. The maximum amount of indebtedness (amount of tax increment financing for projects and programs) that may be issued for the Plan is $9,700,000. Il. GOALS AND OBJECTIVES The goals of the Plan represent its basic intents and purposes. Accompanying each goal are objectives, which generally describe how the Agency intends to achieve the goals. The urban renewal projects identified in Chapter IV of the Plan are the specific means of meeting the objectives. Goal 1: ECONOMY Diversify the economic base in the Deschutes County and strengthen the Area's role as a regional economic center. Obiectives: 1A: Support business development by completing improvements which will enhance local aviation-associated businesses, preserve current aviation uses, promote private investment, and provide for a mix of employment types and uses. 1 B: Promote job retention and job creation by targeting quality jobs and enhancing job opportunities for local residents, particularly in the aviation and aerospace cluster. 1 C: Assist in the financing and provision of transportation and infrastructure improvements to support the development of aviation uses. 1 D: Work with property owners to promote beneficial development of properties within the Area. 2 June 2008 Deschutes County PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN 1 E: Increase the supply of buildable serviced land for aviation uses within and adjacent to the Airport. Goal 2: TRAFFIC AND TRANSPORTATION Implement transportation improvements that will maintain the ability of the Airport to serve general aviation and aviation-related development in Deschutes County, increase access to the Area and mitigate traffic impacts. Objectives: 2A: Provide the Airport with adequate facilities, services and safety features to serve the existing and projected levels of aviation activity or demand as specified in the Airport Master Plan as it may be amended from time to time. 213: Provide economic support to regional and local businesses by developing an Airport that provides sufficient access to the national air transportation system. 2C: Provide facilities that are accessible from the ground and air to meet the demands of users. 2D: Improve and construct streets to meet future development demands. 2E: Improve roads to the extent that improvements are required for growth at the Airport. Goal 3: LAND USE Ensure an adequate supply of appropriately zoned land to provide for the development of aviation uses. Objectives: 3A: Provide opportunities for aviation and aviation-related development at and adjacent to the Airport. 313: Disperse employment centers to parts of the County with access to adequate transportation routes and public utilities. 3C: Eliminate potential conflicts in Ldn 65 noise contour properties by acquiring properties as specified in the Airport Master Plan as it is amended from time to time. Goal 4: PUBLIC UTILITIES Deschutes County 3 June 2008 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN Ensure that new development is located in areas that can be adequately served by public infrastructure including access, circulation, water, sanitary sewer, storm drainage and other facilities and services. Obiectives. 4A: Develop public infrastructure improvements on parcels of underutilized land to encourage private development. 4B: Develop water, sanitary sewer and storm drainage improvements to support aviation uses. Goal 5: PUBLIC INVOLVEMENT Maintain a citizen involvement program that ensures the opportunity for citizens to be involved in all phases of the urban renewal planning and implementation process. Obiectives: 5A: Use available media to inform citizens of projects and programs to be undertaken under the Plan. 513: Provide for public input as to implementation of the Plan and work to achieve consensus as a basis for proceeding. June 2008 Deschutes County 4 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN II. MAP AND LEGAL DESCRIPTION OF URBAN RENEWAL AREA The Area legal description in attached as Appendix A. (This will be attached once this goes to the County Commission) Deschutes County 5 June 2008 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN FIGURE 1. URBAN RENEWAL AREA BOUNDARY. ZONING AND COMPREHENSIVE PLAN DESIGNATIONS f 1 I i i Bend Airport AVIATION SUPPORT DIST Urban Renewal Area AIRPORTOPSDIST ASD- RESERVE AREA _ AVIATION REL. IND DIST n EXCL. FARM USE (BLANK) Orthophoto: 2005 MOLT USE AGRIC - I inch equals 500 feet ARID- RESERVE AREA Deschutes County 6 June 2008 Document Reproduces Poorly (Archived) PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN III. OUTLINE OF MAJOR URBAN RENEWAL PROJECT ACTIVITIES The major projects include taxiway and runway improvements, aviation safety improvements, development of new facilities, property acquisition, planning, public safety improvements and Airport area infrastructure improvements. The specific projects under those categories are as follows: A. Taxiway and Runway Improvements 1. Construct New Taxiway B 2. Reconstruct Taxiway A 3. Widen Runway 4. Lengthen Runway 5. Pavement Expansion: Westside Expand North Ramp 6. Pavement Expansion: Westside Expand South Ramp 7. Runway Upgrading B. Aviation Safety Improvements 1. Air Traffic Control Tower 2. Compass Rose 3. Fencing Improvements: Powell Butte Highway 4. Fending Improvements: Airport Frontage 5. Fencing Improvements: Install Perimeter Fencing 6. Auto Parking Improvements 7. Demolish Homes Acquired Inside 65 dBA DNL and 70 dBA DNL C. Development 1. Construct Airport Facilities Building: Administration, Maintenance, Meeting/Conference Room and Classroom 2. Construct Hangars for Airport to Own and Lease 3. Expand Heliport/Helipad D. Property Acquisition 1. Purchase Property Inside 65 dBA DNL and 70 dBA DNL for Additional Airport Development and for Noise Buffer E. Planning 1. Airport Master Plan 2. Administration of Urban Renewal Plan F. Public Safety Improvements 1. Construct Emergency Services Facility Deschutes County 7 June 2008 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN G. Airport Area Infrastructure Improvements 1. Road Improvement: Powell Butte Highway at Butler Market Road 2. Road Improvements: Powell Butte Highway IV. URBAN RENEWAL PROJECTS Urban renewal projects authorized by the Plan consist of public improvements that are described below. Public improvements authorized under the Plan include transportation and utility projects and other projects that will upgrade and expand the existing Airport. The actual scope, budget and priorities for urban renewal projects will be decided by the Agency as it administers the Plan. The majority of these projects are identified either in the current Bend Municipal Airport Master Plan (Master Plan) or in the 2002 Planning Update to the Master Plan. Where they are not identified in the Master Plan it is anticipated they will be included as activities in the upcoming Master Plan Update, scheduled for this year. Projects are expected to be undertaken after they have been included in the revised Master Plan. As shown in the Report, tax increment funds will be combined with existing and other future sources of funding to finance project costs. A. Taxiway and Runway Improvements Construct New Taxiway B Construct a 35-foot wide taxiway the length of the Airport at the east side of the Airport. This project would incorporate lighting, appropriate signage, and runup areas. 2. Reconstruct Taxiway A Reconstruction of taxiway on the west side of the Airport. This reconstruction includes widening the taxiway and adding appropriate lighting and signage, and runup areas. 3. Widen Runway The existing runway will be widened as determined in the Airport Master Plan update. 4. Lengthen Runway The existing runway will be lengthened as to be determined in the Airport Master Plan update. 5. Pavement Expansion The Westside north ramp will be expanded. 6. Pavement Expansion Deschutes County 8 June 2008 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN The Westside south ramp will be expanded. 7. Runway Upgrading The existing runway will have additional asphalt applied to increase its weight bearing capacity above 30,000 pounds as will be determined in the Airport Master Plan update. B. Safety Improvements Air Traffic Control Tower Construct an air traffic control tower for the Airport. 2. Compass Rose Construct a roadway for compass calibration/testing for aircraft. 3. Fencing Improvements: Powell Butte Highway Security fencing along Powell Butte Highway will be installed to protect both the Airport facilities and private property and to protect the safety of the public and wildlife. 4. Fencinq Improvements: Perimeter Fencing A perimeter security fence with gated openings will be installed to protect the Airport facilities and private property and to protect the safety of the public and wildlife. 5. Auto Parking Improvements Auto parking will be developed to meet increased demand and/or to resolve potential safety hazards. 6. Airport Perimeter Roadway: Install and Expand Perimeter Roadway A perimeter roadway will be constructed to provide access for fuel trucks to access both sides of the Airport without having to cross an active runway. 7. Demolish Homes Acquired Inside 65 dBA DNL and 70 dBA DNL After acquisition, the existing houses within the Area will be demolished. Deschutes County 9 June 2008 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN C. Development Construct Airport Facilities Building: Administration, Maintenance Meeting/Conference Room and Classroom Develop additional space for administrative offices, a maintenance facility, a meeting/conference room and the community college has requested a classroom. 2. Construct Airport Hangars Develop additional hangar space to meet growing demand. The Airport may construct those hangars to sell or to retain in public ownership and to lease to private individuals as an income source. 3. Expand Heliport/Helipad The existing heliport/helipad will be moved to another location on the Airport where there will be more room for this growing use, and fewer conflicts with fixed wing aircraft. D. Property Acquisition 1. Purchase Property Inside 65 and 70 dBA DNL Noise Contours Parcels within the the 65 dBA DNL (4) and 70 (1) dBA DNL noise contours will be purchased for Airport and aviation-related uses. Where part of a parcel is within the contours, acquisition of the entire parcel is anticipated. E. Planning 1. Airport Master Plan The present Airport Master Plan was adopted in 1994. An planning update was adopted in 2002. A new Master Plan will be undertaken that will provide specific direction on several of the projects included in the Plan. G. Public Safety 1. Construct Emergency Services Facility In cooperation with Rural Fire District # 2 a Emergency Services Facility in proximity to the Airport will be developed to serve the increase of facilities at the Airport. H. Infrastructure Improvements 1. Road Improvement: Powell Butte Highway at Butler Market Road Deschutes County 10 June 2008 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN A left turn lane on Powell Butte Highway to Butler Market Road will be constructed. 2. Road Improvement: Powell Butte Highway Improvements will be made to Powell Butte Highway as necessary for Airport operations. V. PROPERTY ACQUISITION AND DISPOSITION The Plan authorizes the acquisition and disposition of property as described in this section. Property includes any and all interests in property, including fee simple ownership, lease, easements, licenses or other rights to use. A. Property Acquisition for Public Improvements The Agency may acquire any property within the Area for the public improvement projects undertaken pursuant to the Plan by all legal means, including use of eminent domain, without amendment to the Plan. The Agency will follow all procedures for acquisition as required by the funding source of the acquisition and by FAA, if applicable. Good faith negotiations for such acquisition must occur prior to institution of eminent domain procedures. The schedule for acquisition of land for a public improvement project will be determined based on the timing of the construction of the public improvement. B. Property Acquisition - From Willing Sellers The Plan authorizes the Agency acquisition of any interest in property within the Area that the Agency finds is necessary to support private redevelopment, but only in those cases where the property owner wishes to convey such interest to the Agency. The Plan does not authorize the Agency to use the power of eminent domain to acquire property for a private party to transfer property to another private party for private redevelopment. C. Property Acquisition for Noise Buffer The Agency may acquire any property within the Area for noise buffer projects undertaken pursuant to the Plan by all legal means, including use of eminent domain, without amendment to the Plan. The Agency will follow all procedures for acquisition as required by the funding source of the acquisition and by FAA, if applicable. Good faith negotiations for such acquisition must occur prior to institution of eminent domain procedures. The schedule for acquisition of land for a public improvement project will be determined based on the timing of the construction of the public improvement Deschutes County I I June 2008 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN D. Land Disposition The Agency will dispose of property acquired for a public improvement project by conveyance to the appropriate public agency responsible for construction and/or maintenance of the public improvement. The Agency may retain such property during construction of the public improvement. The schedule for disposition of land for a public improvement project will be determined based on the timing of the construction of the public improvement. The Agency may dispose of property acquired under Subsection B of this Section V by conveying any interest in property acquired. The Agency will follow all procedures for disposition as required by the funding source of the acquisition and by FAA, if applicable. The schedule for disposition of land acquired under Subsection B. of this Section V will be determined by the Agency when the Agency determines the acquisition is necessary pursuant to Section V.B above. These determinations may be made by Resolution of the Agency. Property shall be conveyed at its fair reuse value. Fair reuse value is the value, whether expressed in terms of rental or capital price, at which the urban renewal agency in its discretion determines such land, should be made available in order that it may be developed, redeveloped, cleared, conserved or rehabilitated for the purposes specified in such plan. Because fair reuse value reflects limitations on use of the property to those purposes specified in the Plan, the value may be lower than the property's fair market value. Where land is sold or leased, the purchaser or lessee must agree to use the land for the purposes designated in the Plan and to begin and complete the building of its improvements within a period of time that the Agency determines is reasonable. Deschutes County 12 June 2008 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN VI. RELOCATION METHODS When the Agency acquires occupied property under the Plan, residential or commercial occupants of such property shall be offered relocation assistance as required under applicable state and federal law. Prior to such acquisition, the Agency shall adopt rules and regulations as necessary for the administration of relocation assistance. VII. TAX INCREMENT FINANCING OF PLAN Tax increment financing consists of using annual tax increment revenues to make payments on loans, usually in the form of tax increment bonds. The proceeds of the bonds are used to finance the urban renewal projects authorized in the Plan. Bonds may be either long-term or short-term. Tax increment revenues equal most of the annual property taxes imposed on the cumulative increase in assessed value within an urban renewal area over the total assessed value at the time an urban renewal plan is adopted. [Under current law, the property taxes for general obligation ("GO") bonds and local option levies approved after October 6, 2001 are not part of the tax increment revenues.] A. General Description of the Proposed Financing Methods The Plan will be financed using a combination of revenue sources. These include: • Tax increment revenues; • Advances, loans, grants and any other form of financial assistance from the Federal, State or local governments or other public body; • Loans, grants, dedications or other contributions from private developers and property owners, including but not limited to assessment districts; and • Any other public or private source. Revenues obtained by the Agency will be used to pay or repay the costs, expenses, advancements and indebtedness incurred in (1) planning or undertaking project activities, or (2) otherwise exercising any of the powers granted by ORS Chapter 457 in connection with the implementation of this Plan. B. Tax Increment Financing and Maximum Indebtedness The Plan may be financed, in whole or in part, by tax increment revenues allocated to the Agency as provided in ORS Chapter 457. The ad valorem taxes, if any, levied by a taxing district in which all or a portion of the Area is located, shall be divided as provided in Section 1 c, Article IX of the Oregon Constitution, and ORS 457.440. Amounts collected pursuant to ORS 457.440 shall be Deschutes County 13 June 2008 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN deposited into the unsegregated tax collections account and distributed to the Agency based upon the distribution schedule established under ORS 311.390. The maximum amount of indebtedness that may be issued or incurred under the Plan, based upon good faith estimates of the scope and costs of projects in the Plan and the schedule for their completion is Nine Million Seven Hundred Thousand Dollars ($9,700,000). This amount is the principal of such indebtedness and does not include interest or indebtedness incurred to refund or refinance existing indebtedness. C. Prior Indebtedness Any indebtedness permitted by law and incurred by the Agency in connection with the preparation of this Plan or prior planning efforts that support the preparation or implementation of this Plan may be repaid from tax increment revenues from the Area when and if such funds are available. VIII. FUTURE AMENDMENTS TO PLAN The Plan may be amended as described in this section. A. Substantial Amendments Substantial Amendments are solely amendments: • Adding land to the urban renewal area, except for an addition of land that totals not more than one percent of the existing area of the urban renewal area; or • Increasing the maximum amount of indebtedness that can be issued or incurred under the Plan. Substantial Amendments, in accordance with ORS 457.085(2)(i), shall require the same notice, hearing and approval procedure required of the original Plan under ORS 457.095, including public involvement, consultation with taxing districts, presentation to the Planning Commission and adoption by the County Commission by non-emergency ordinance after a hearing. Notice of such hearing shall be provided to individuals or households within Deschutes County as required by ORS 457.120. Notice of adoption of a Substantial Amendment shall be provided in accordance with ORS 457.095 and .115. B. Commission Approved Amendments Commission Approved amendments consist solely of amendments which result in: Material changes to the goals and objectives of the Plan; or • Addition or expansion of a project that is materially different from projects previously authorized in the Plan. Deschutes County 14 June 2008 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN Commission Approved amendments require approval by the Agency by resolution and by the County Commission by ordinance. C. Minor Amendments Minor Amendments are amendments that are not Substantial or Commission Approved Amendments in scope. Minor Amendments require approval by the Agency by resolution. D. Amendments to the Deschutes County Comprehensive Plan and/or Deschutes County Revised Code Amendments to the Deschutes County Comprehensive Plan and/or Deschutes County Development Code that affect the Plan and/or the Area shall be incorporated automatically within the Plan without any separate action required by the Agency or the County Commission. Deschutes County 15 June 2008 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN IX. RELATIONSHIP TO LOCAL OBJECTIVES The Plan relates to the local planning and development objectives contained within the Deschutes County Comprehensive Plan and Transportation System Plan. The following section describes the purpose and intent of these plans, the particular goals and policies within each planning document to which the proposed Plan relates and an explanation of how the Plan relates to these goals and policies. The original numbering of goals, policies and sections within the various plans were retained so that they may be referenced within the plans themselves. Therefore, numbering in this section of the Plan may not always fall in sequential order. The information in regular font is directly from the adopted document. The information in italics is how the urban renewal plan relates to this policy A. Deschutes County Comprehensive Plan Purpose The purpose of the Comprehensive Plan for Deschutes County is not to provide a site- specific identification of the appropriate land uses which may take place on a particular piece of land but rather it is to consider the significant factors which affect or are affected by development in the County and provide a general guide to the various decisions which must be made to promote the greatest efficiency and equity possible, while managing the continuing growth and change of the area. Part of that process is identification of an appropriate land use plan, which is then interpreted to make decisions about specific sites (most often in zoning and subdivision administration) but the plan must also consider the sociological, economic and environmental consequences of various actions and provide guidelines and policies for activities which may have effects beyond physical changes of the land. The plan must also consider factors other than those of a strictly local nature because the policies must serve not only as an internal guide but also as a way of relating to the larger society of which we are a part. The planning process has to be oriented toward the production of the most beneficial long-range results possible for the residents community, not as an end to growth, but as a way to guide growth for the general welfare of the of the public. 1. Chapter 23.52: Economy The Plan relates to the Chapter 23.52 Economy in the following ways: GOALS 1. To diversify and improve the economy of the area. 2. To enhance and maintain the existing natural resource, commercial and industrial segments of the local economy. 16 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN The Plan provides improvements which will enhance the Area's services thereby increasing employment opportunities within the Area. These improvements will enhance and maintain the existing aviation uses in the local economy. POLICIES Tourism a. The importance of tourism to the local economy is well known, but there also exists considerable potential for strengthening and improving this segment of the economy. The County shall assist in the development of a long-range plan to encourage tourism (including destination resorts) and recreation locally (see Recreation Chapter for additional information). This study will include consideration of the impacts likely to be created by increasingly expensive gasoline. b. Private commercial activities consistent with other County policies which enhance tourism shall be encouraged by the County. The Plan relates to the goal to diversify and improve the economy and to enhance the existing economy. The Plan would support the current aviation uses, many of which are tourist related, and provide opportunities for those to expand. 3. Land a. Adequate lands for commercial and industrial requirements shall be set aside (see Rural Development and Urbanization chapters). b. In order that local residents have adequate employment the County shall encourage programs that appropriately increase employment opportunities and assist, where feasible, public plans and programs to develop industrial land. The Plan relates to the land section of the goal to diversify and improve the economy and to enhance the existing economy. The Plan would support the current aviation uses and provide opportunities for those to expand, providing increased employment opportunities. 2. Chapter 23.60: Transportation The Deschutes County Comprehensive Plan Transportation Chapter addresses both short and long-term transportation needs. This Chapter looks at the next 20 years in Deschutes County, and identifies through goals and policies, how best to efficiently move people and goods throughout the County. Planning for the transportation needs within the Bend, Redmond and Sisters urban growth boundaries are covered by those cities' respective comprehensive plan transportation elements. 17 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN The purpose of Deschutes County Comprehensive Plan (DCC) section 23.60 is to develop a transportation system that meets the needs of Deschutes County residents, while also considering regional and state needs at the same time. This plan addresses a balanced transportation system that includes automobile, bicycle, rail, transit, air, pedestrian and pipelines. It reflects existing land use plans, policies and regulations that affect the transportation system. The Plan relates to the Chapter 23.60 Transportation in the following ways: B. Existing Road System Deschutes County is responsible for maintaining approximately 943 total miles within the County system. Out of the total miles maintained by the County, approximately 750 miles are paved and 193 are unpaved. An additional 1,200 miles of unpaved roads are dedicated to the public but not in the County system. Most of the rural roads are located in the western part of the County along the major state highway corridors. In the other, mostly unpopulated areas, roads totaling approximately 410 miles are under the jurisdiction of the U.S. Forest Service, U.S. Bureau of Land Management, the Oregon State Forestry Division, or the Oregon State Parks Division. Of the 750 paved miles of public roads located in the County, many are controlled by the local jurisdictions within the three incorporated cities (Bend, Redmond and Sisters). However, the County maintains approximately 120 miles of urban roadways within Urban Growth Boundaries (UGB). Of the 120 urban road miles the County maintains, approximately 27 miles are within city limits. An additional 200 miles of roadways (state highway system) are controlled by ODOT. The Plan authorizes expenditures to upgrade the existing road system surrounding the Airport for projects related to Airport expansion. An Immediate Opportunity Fund (IOF) application has been made for the left turn lane on Powell Butte Highway to Butler Market Road. P. Air transportation With the passage of SB 1113 in 1995, Oregon Department of Transportation (ODOT) is proposing that the County establish an "airport zone" for each of the public use airports in the County to assure the continuation of airport and airport- related uses there. State Rule Oregon Administrative Rule (OAR) 660-13, was adopted in December 1996 by the Land Conservation and Development Commission (LCDC). In July 1997, the state passed House Bill (HB) 2605 which modified Oregon Statutes regarding airport planning and will have an as yet undetermined effect on OAR 660-13. 1. Public-Use Airports: Publicly-Owned (Municipal) a. Redmond Municipal Airport b. Bend Municipal Airport 18 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN The Plan relates to the transportation goal to support the Bend Municipal Airport. The Plan would support the current aviation uses and provide opportunities for those to expand. 2. Chapter 23.64: Transportation System Plan In late 1994, the County initiated work on a long-range transportation system plan (TSP), which was a requirement of OAR 660-12, the Transportation Planning Rule (TPR). The State of Oregon approved the Rule in 1991. The purpose of the TSP is to guide the development of a safe, convenient and efficient transportation system that promotes economic prosperity and livability for all County residents. B. The TSP makes recommendations regarding short-term and long-term transportation projects on state and County facilities that will be needed over the next 20 years. The project list was based on: a. Evaluating the capacity of the County road system and the state highway network within Deschutes County. b. The results of state accident database analysis. C. Input from the County Road Department. d. Efforts to enhance alternative modes of transportation through compliance with the Transportation Planning Rule. e. The input received from the citizen review committee (County Planning Commission) and the public outreach process in general. The Plan authorizes expenditures to upgrade the existing road system surrounding the Airport for projects related to Airport expansion. An Immediate Opportunity Fund (10F) application has been made for the left turn lane on Powell Butte Highway to Butler Market Road. A. 23.64.30 Arterial and Collector Roads. 1. County road Network. The findings in the TSP conclude that the County road network currently in place, except for several specific road segments, should be adequate to serve the County needs over the next twenty years. Given the rural nature of Deschutes County and the fact that the majority of new development will take place on existing lots with existing access, few additional roads are anticipated. New road corridors to isolated subdivisions and new roads linking urban and rural areas are the main exceptions. Any new roads that will be created most likely will be the result of new developments and would therefore be part of land use development review or would be for secondary access or emergency ingress/egress to 19 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN isolated subdivisions. Unforeseen large developments such as destination resorts normally have a private road system but their impacts to the County road network would be assessed at the time of land use approval. The majority of road-related projects will consist of safety-related or other upgrades, maintenance and repair. Upgrades, maintenance and repair should be actively pursued to maintain the integrity of the system and not jeopardize the current conditions. Pedestrian, bicycle and transit modes of transportation require wider, smoother roadways. These improvements also benefit automobile and truck traffic by making the roads safer and more efficient. The main purpose of the County-owned road network is to move people and goods as efficiently as possible between and to the incorporated cities in the County, not as a means of increasing urban scale developments in the unincorporated communities of the County. The County recognizes the importance of having a natural and seamless transition of jurisdiction for County roads within urban growth boundaries to their respective city jurisdictions as the cities continue to grow. a. Goal: Establish a transportation system, supportive of a geographically distributed and diversified industrial base, while also providing a safe, efficient network for residential mobility and tourism. b. Policies: Deschutes County shall: a. Consider the road network to be the most important and valuable component of the transportation system; and b. Consider the preservation and maintenance and repair of the County road network to be vital to the continued and future utility of the County's transportation system. 3. County roads. Several roads within the rural areas of the County road network are in need of reclassification. b. Upgrade Functional Class - Rural Local to Rural Collector 2. Nelson Road from Waugh Rd. to Powell Butte Highway. The Plan authorizes expenditures to upgrade the existing road system surrounding the Airport for projects related to Airport expansion. An Immediate Opportunity Fund (IOF) application has been made for the left turn lane on Powell Butte Highway to Butler Market Road. The Plan activities will not alter any road classifications. 20 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN B. 23.64.200 Airports The continued operation and vitality of airports registered, licensed or otherwise recognized by the Department of Transportation is a matter of State and County concern. There are currently 18 registered airports in Deschutes County. Four of these are public use airports; two of which, Bend Municipal and Redmond Municipal-Roberts Field are publicly owned while Sisters Eagle Air and Sunriver airports are privately owned. These airports have improved (paved) runways, and offer a range of services, from the availability of commercial passenger flights arriving and departing daily at Redmond Municipal Airport, to the Sisters (Eagle Air) Airport which offers no services or runway navigational aids. The Redmond Airport, which is located completely within the City limits of Redmond, is owned and controlled by the City of Redmond. It has a master plan, which was updated in 1998 and adopted by the City. The Plan guides the future land use(s) at the airport. The Master Plan includes an inventory of existing facilities, land uses, aviation forecasts, a demand/capacity analysis, airport layout plan and a development program. Unlike the Redmond Airport, the Bend Municipal Airport is located outside the Bend City limits and UGB, therefore the County has land use jurisdiction over it. In order to guide airport land uses, the County adopted and utilizes the 1994 Bend Municipal Airport Master Plan, as amended in 2002 the Supplement to 1994 Airport Master Plan" incorporated by reference herein. This is the guiding document for airport planning and development. This document incorporates a range of facility improvements for the Bend Municipal Airport over the 20-year planning horizon (2021), including short, intermediate, and long-term projects to improve safety and function at the airport. Currently, LCDC has administrative regulations (OAR 660-13) which were adopted in 1996. These regulations apply to airports that, in 1994, were the base for three or more aircraft. However, with the passage of HB 2605, the regulations were revised by the 1997 Oregon Legislature, which will require LCDC to update the rules to incorporate the changes made by the Legislature. For purposes of this TSP, the County will not alter current land use regulations in response to the current regulations (OAR 660-13) which have been revised by the Oregon Legislature. While the content of the new regulations is not yet known, the County policy shall be to develop ordinances to comply with the new regulations once they are adopted by LCDC. The Plan relates to these goals and policies in the following ways: 21 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN GOALS Protect the function and economic viability of the existing public-use airports, while ensuring public safety and compatibility between the airport uses and surrounding land uses for public use airports and for private airports with three or more based aircraft. The Plan relates to this goal by providing infrastructure and safety improvements specified in Section IV of the Plan. POLICIES a. Deschutes County shall protect public-use airports through the development of airport land use regulations. Efforts shall be made to regulate the land uses in designated areas surrounding the Redmond, Bend, Sunriver and Sisters (Eagle Air) airports based upon adopted airport master plans or evidence of each airports specific level of risk and usage. The purpose of these regulations shall be to prevent the installation of airspace obstructions, additional airport hazards, and ensure the safety of the public and guide compatible land use. For the safety of those on the ground, only limited uses shall be allowed in specific noise impacted and crash hazard areas that have been identified for each specific airport. Protecting the privately owned, private-use airports, with three or more based aircraft, will be accomplished by development of specific land use regulations for these types of airports. The function and economic vitality of privately owned, private-use airports with two or fewer based aircraft will also be accomplished through land use planning. Each airport's specific level of risk and usage shall be used to guide the continued safe aeronautical access to and from these airports considering the type of aircraft approved to use the airfield. b. Deschutes County shall: 1. Continue to recognize the Redmond (Roberts Field) Airport as the major commercial/passenger aviation facility in Deschutes County and an airport of regional significance. Its operation, free from conflicting land uses, is in the best interests of the citizens of Deschutes County. Incompatible land uses shall be prohibited on the County lands adjacent to the airport; 2. Cooperate with the cities of Bend, Redmond and Sisters in establishing uniform zoning standards, which will prevent the development of hazardous structures and incompatible land uses around airports; 3. Through adoption of appropriate zoning restrictions, take steps to ensure that any proposed uses shall not impact 22 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN airborne aircraft because of height of structures, smoke, glare, lights which shine upward, radio interference from transmissions or any water impoundment's or sanitary landfills which would create potential hazards from waterfowl to airborne aircraft; 4. Through adoption of appropriate zoning restrictions, allow land uses around public-use airports that will not be adversely affected by noise and safety problems and will be compatible with the airports and their operations; 5. Work with, and encourage airport sponsors to work with the Federal Aviation Administration (FAA) to enforce FAA- registered flight patterns and FAA flight behavior regulations to protect the interests of County residents living near airports. 6. Adopt zoning restrictions to ensure that developments in the airport approach areas will not be visually distracting, create electrical interference or cause other safety problems for aircraft or persons on the ground. In addition, efforts shall be made to minimize population densities and prohibit places of public assembly in the approach areas; 7. Continue efforts to prevent additional residential encroachment within critical noise contours or safety areas without informed consent; 8. Specifically designate any proposed airport facility relocations or expansions within County jurisdiction on an airport master plan or airport layout plan map, as amended, and establish the appropriate airport zoning designation to assure a compatible association of airport growth with surrounding urban or rural development; 9. Maintain geographic information system (GIS) mapping of the Airport Safety Combining Zones and provide timely updates; 10. For those airports in Deschutes County without adopted master plans, the County shall, as a minimum, base any land use decisions involving airports on LCDC airport regulations, upon adoption of those regulations by LCDC, which implement HB 2605; 11. Participate in and encourage the County-adoption of airport master plans for all public use airports and at least an airport layout plan for the remaining ODOT-recognized airfields in Deschutes County; 12. Encourage appropriate federal, state and local funding for airport improvements at public-owned airports; and 23 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN 13. Discourage future development of private landing fields when they are in proximity to one another, near other public airports and potential airspace conflicts have been determined to exist by the Federal Aviation administration (FAA) or ODOT Aeronautics. (Ord. 2003-035 §1, 2003; Ord. 2002-005 §1, 2002; Ord. 2000- 017 §1, 2000; Ord. 98-044, 1998) The Plan relates to the Transportation Systems Plan's goals and policies for the Bend Municipal Airport. It implements the existing Airport Master Plan and provides for updating the Master Plan. It provides strategies for protecting the airport and surrounding uses in the critical noise contours. It proposes development within the confines on the existing zoning for the area. 3. Chapter 23.68: Public Facilities and Services In a County growing as fast as Deschutes County the provision of public services is a major issue. Adequate services at the right locations are the result of planning, hard work and money. The present growth rate has exceeded the previous plans and hard work by local governments has not always been able to keep up with the demand, especially since there is a growing reluctance to pay the higher taxes it takes to obtain the public services. In addition, the scattered low-density development that has occurred in some places is so inefficient in supplying services that the needed facilities are excessively expensive or completely unprofitable. The Plan relates to Chapter 23.68 Public facilities in the following ways: E. Fire Perhaps the public service most often forgotten is fire protection. In many areas of the County no fire agency is responsible for fires which occur. To solve this problem fire districts are often formed in rural areas or fire protection contracts signed with fire protection agencies. As the County continues to grow many firefighting agencies are becoming increasingly concerned about the lack of proper controls to reduce fires in subdivisions, the inadequacy of firefighting equipment and training, and the need for more cooperation and mutual aid agreements between the various agencies. Proper planning and subdivision control is seen as critical in dealing with the situation. GOALS To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as framework for urban and rural development, and thereby 24 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN a system or plan that coordinates the type, location and delivery of public facilities and services in a manner that best supports the existing and proposed land uses. POLICIES 1. General a. Public facilities and services shall be provided at levels and in areas appropriate for such uses based upon the carrying capacity of the land, air and water, as well as the important distinction that must be made between urban and rural services. In this way public services may guide development while remaining in concert with the public's needs. C. Future development shall depend on the availability of adequate local services in close proximity to the proposed site. Higher densities may permit the construction of more adequate services than might otherwise be true. Cluster and planned development shall be encouraged. Deschutes County shall coordinate with the cities and other service providers in urban areas to assure that all urban services are provided in an equitable manner and construction phased, based upon the time required to provide the service, the reliability of the service, the financial cost, and the levels of service needed. All services shall be provided consistent with the provisions of all other required services. 6. Fire a. Land for a fire station shall be dedicated in large developments. f. Fire stations should be built in an architectural style that will blend into the area of location. The Plan relates to the goal to provide public services by including funding for the future development of an emergency services facility to serve both the Airport and surrounding areas. Financing for emergency services facility from the Plan can include only capital expenditures. 4. Chapter 23.72: Recreation GOALS 1. To satisfy the recreational needs of the residents of and visitors to Deschutes County. 2. To maximize utilization of economic and personnel resources through increasing intergovernmental and public-private cooperation in the provision of recreation facilities and services. 25 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN The Plan relates to the recreation goal by supporting the aviation uses at the Airport, recognizing that many of those uses are for recreation purposes. The Plan would support the current aviation uses and provide opportunities for those to expand. 5. Chapter 23.88: Agricultural Lands GOAL 1. To preserve and maintain agricultural land. The Plan relates to the Agricultural Lands goal as there is EFU property in the Area. The Plan includes some EFU zoned property on which a portion of the property is in the 65 dBA DNL DNL noise contour. The property is included in the Area to allow the future acquisition of the property to both protect the airport and to minimize impact on adjacent uses which is an airport-related use. Because the County is using the Supplement to "guide airport land uses," and the Supplement states that the property which is within the Ldn65 contour shall be considered committed for airport-related or accessory commercial or industrial uses including the property which is within the Ldn65 contour in the Area is in conformance with the Comprehensive Plan. Although not all of each EFU parcel is within the Ldn65 contour, urban renewal best practice is to follow property lines for an urban renewal Area boundary because this eliminates the necessity for a field survey of the Area boundary. It also informs a property owner of the Agency's intended future use of the property and reduces the possibility of creating a divided, uneconomic remaining parcel. The Plan supports the 1994 Bend Municipal Airport Master Plan and 2002 Bend Municipal Airport Master Plan Planning Update by including Ldn 65 noise contour properties identified in the Plan Update. Until such time that acquisition is completed, the Plan will not interfere with the present use of the parcels. Airport related uses would not be placed on the EFU properties until such time as a Goal Exception was taken. The majority of this property is in public ownership as shown in the accompanying Report. A small portion of the property on the south end of the Airport is in private ownership. No aviation uses would be placed on these EFU parcels until a LCDC Goal 2 Exception is taken. 26 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN 6. Chapter 23.124: Citizen Involvement GOALS A. To promote and maintain better communication between the community's various segments (i.e., governmental agencies, business groups, special districts and the general public). B. To provide the opportunity for the public to identify issues of concern and encourage their involvement in planning to addresses those issues. The Plan relates to the citizen involvement goal. There will be public input on the drafting of the Plan through public meetings. B. 1994 Bend Municipal Airport Master Plan Update and 2002 Supplement to the 1994 Bend Municipal Airport Planning Update PURPOSE The Bend Municipal Airport Master Plan (Master Plan) was developed in 1994 to examine the needs at the Airport and provide guidance for airport development for the next 20 years. The 2002 Supplement to the Bend Municipal Airport Planning Update (Supplement) documents changes in facilities, activity and facility needs that have occurred since the Master Plan was last updated. By adoption of Ordinance No. 2003-035, effective January 1, 2004, Deschutes County incorporated the 1994 Bend Municipal Airport Master Plan, as amended in 2002 by the Supplement to 1994 Airport Master Plan. Deschutes County Comprehensive Plan §23.64.200. The Plan relates to the Bend Airport Master Plan by implementing planned improvement projects identified in the Master Plan and the Supplement. It also provides for the completion of a new Master Plan. Supplement Chapter 1 of the Supplement, Inventory, quotes Policy 27 of the Transportation Element of the Comprehensive Plan applicable to the Bend Airport: "27(a). The Bend Municipal Airport will grow along with the rest of Deschutes County, and the following additional policies shall apply to the properties shown on the components of the airport overlay-zones within the area of average Ldn 65 contour (substantial impact area): "1. Property within the average Ldn 65 contour (substantial impact area) shall be considered committed for airport-related or accessory commercial or industrial uses. At such time as an exception to LCDC Goal 2 (Agricultural Lands) is taken, such properties shall be available to be rezoned to A-D Airport Development, provided public need is demonstrated for the exception, in accordance with LCDC Goal 2 (Land 27 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN Use Planning) and public need is demonstrated for the zone to be placed upon the property...." The current version of the County's Comprehensive Plan, and the Transportation Element, has been revised since the Supplement was drafted in 2002. Policy #27 is not in the current County Comprehensive Plan. Nonetheless, the Supplement still remains part of the Comprehensive Plan by reference. DCC 23.64.200 states, "In order to guide airport land uses, the County adopted and utilizes the 1994 Bend Municipal Airport Master Plan, as amended in 2002 the "Supplement to 1994 Airport Master Plan" incorporated by reference herein. This is the guiding document for airport planning and development." The Plan includes some EFU zoned property on which a portion of the property is in the 65 dBA DNL noise contour. The property is included in the Area to allow the future acquisition of the property to both protect the airport and to minimize impact on adjacent uses which is an airport-related use. Because the County is using the Supplement to "guide airport land uses," and the Supplement states that the property which is within the Ldn65 contour shall be considered committed for airport-related or accessory commercial or industrial uses including the property which is within the Ldn65 contour in the Area is in conformance with the Comprehensive Plan. Although not all of each EFU parcel is within the Ldn65 contour, urban renewal best practice is to follow property lines for an urban renewal Area boundary because this eliminates the necessity for a field survey of the Area boundary. It also informs a property owner of the Agency's intended future use of the property and reduces the possibility of creating a divided, uneconomic remaining parcel. The Plan supports the 1994 Bend Municipal Airport Master Plan and 2002 Bend Municipal Airport Master Plan Planning Update by including Ldn 65 noise contour properties identified in the Plan Update. Until such time that acquisition is completed, the Plan will not interfere with the present use of the parcels. An exception to LCDC Goal 2 would be taken prior to any airport related use being placed on the property. The majority of this property is in public ownership as shown in the accompanying Report. A small portion of the property on the south end of the Airport bordered by Nelson Road is in private ownership. C. Deschutes County Planning Code PURPOSE A. The intent or purpose of DCC Title 18 is to promote the public health, safety and general welfare and to carry out the Deschutes County Comprehensive Plan, the 28 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN provisions of ORS 215 and the Statewide Planning Goals adopted pursuant to ORS 197. DCC Title 18 is to establish zoning districts and regulations governing the development and use of land within portions of Deschutes County, Oregon; B. To provide regulations governing nonconforming uses and structures; to establish and provide for the collection of fees; to provide for the administration of DCC Title 18 and for the officials whose duty it shall be to enforce the provisions thereof; to provide penalties for the violations of DCC Title 18; and to provide for resolution of conflicts; C. To regulate the placement, height and bulk of buildings; and the placement and growth of vegetation within the County to ensure access to solar energy by reasonably regulating interests in property within the County, as authorized under ORS 215.044 and ORS 105.880 through 105.890, to promote and maximize the conservation of energy by preserving the option to utilize solar energy and to implement the Comprehensive Plan polices relating to solar energy; and D. To encourage the design of new buildings, structures and developments which use solar energy and protect future options to use solar energy by protecting solar access. The Plan relates to the Deschutes County Planning Code in the following ways: 1. Chapter 18.16: Exclusive Farm Use PURPOSE A. The purpose of the Exclusive Farm Use zones is to preserve and maintain agricultural lands and to serve as a sanctuary for farm uses. B. The purposes of this zone are served by the land use restrictions set forth in the Comprehensive Plan and in DCC 18.16 and by the restrictions on private civil actions and enforcement actions set forth in ORS 30.930 through 30.947. The Plan includes some EFU zoned property on which a portion of the property is in the 65dBA DNL noise contour. The property is included in the Area to allow the future acquisition of the property to both protect the airport and to minimize impact on adjacent uses which is an airport-related use. The 2002 Supplement to the Master Plan contemplates acquisition of this property by the City. Until that acquisition, no projects would occur on these parcels which would interrupt their present use as EFU zoned properties. 29 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN 2. Chapter 18.76: Airport Development Zone PURPOSE The purpose of the Airport Development (AD) Zone is to allow for development compatible with ongoing airport use consistent with the Deschutes County Year 2000 Comprehensive Plan and the 1994 Bend Airport Master Plan (as amended by a 2002 supplement), while providing for public review of proposed development likely to have significant impact on surrounding lands. The AD Zone is composed of three separate zoning districts, each with its own set of allowed uses and distinct regulations, as further set forth in DCC 18.76. The Plan relates to the following sub chapters of the Airport Development Zone in the following ways: Airfield Operations District (AOD) Uses Permitted Outright. The following uses and their accessory uses are permitted outright: A. Runway, taxiway, service road, fuel storage and sales and emergency repair. B. Facilities approved or mandated by the FAA or Oregon State Aeronautics Division specifically supporting airport operations. (Ord. 2003-036 §2, 2003) The Plan relates to the AOD zone as Plan projects including runway and taxiway improvements within this zone are permitted uses. Aviation Support District (ASD) A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. Runway, taxiway, service road, fuel storage and sales and emergency repair. 2. Facilities approved or mandated by the FAA or Oregon State Aeronautics Division. 3. Related uses which are customarily appurtenant to airports, including but not limited to hangars; tie-down areas and parking facilities. B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit: Restaurants, which may include a bar or cocktail lounge as an accessory use. One restaurant per airport. Restaurants, including any accessory use, are to be 2,500 square feet or less in size. 2. Airport or aviation-related businesses that benefit from an on-airport location. 30 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN (Ord. 2004-013 §8, 2004; Ord. 2003-036 §2, 2003) The Plan relates to the ASD zone as projects within this zone are permitted uses. Aviation-Related Industrial District (ARID) A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. Runway, taxiway, service road, fuel storage and sales and emergency repair. 2. Facilities approved or mandated by the FAA or Oregon State Aeronautics Division. 3. Related uses which are customarily appurtenant to airports, including but not limited to hangars, tie-down areas and parking facilities. 4. Airport or aviation-related commercial or industrial businesses that benefit from an on-airport location The Plan relates to the ARID zone as projects within this zone are permitted uses. 3. Chapter 18.80: Airport Safety Combining Zone Imaginary Surface and Noise Impact Boundaries For the Redmond, Bend, Sunriver, and Sisters airports, the airport elevation, the airport noise impact boundary, and the location and dimensions of the runway, primary surface, runway protection zone, approach surface, horizontal surface, conical surface and transitional surface shall be delineated for each airport subject to this overlay zone and shall be made part of the official Zoning Map. All lands, waters and airspace, or portions thereof, that are located within these boundaries (including direct and secondary impact boundaries) or surfaces shall be subject to the requirements of this overlay zone. Height Limitations All uses permitted by the underlying zone shall comply with the height limitations in DCC 18.80.028. When height limitations of the underlying zone are more restrictive than those of this overlay zone, the underlying zone height limitations shall control. [ORS 836.619; OAR 660-013-0070] A. Except as provided in DCC 18.80.028(B) and (C), no structure or tree, plant or other object of natural growth shall penetrate an airport imaginary surface. [ORS 836.619; OAR 660-013-0070(1)] B. For areas within airport imaginary surfaces but outside the approach and transition surfaces, where the terrain is at higher elevations than the airport runway surfaces such that existing structures and permitted development penetrate or would penetrate the airport imaginary surfaces, a local government may authorize structures up to 35 feet in height. 31 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN C. Other height exceptions or variances may be permitted when supported in writing by the airport sponsor, the Department of Aviation and the FAA. Applications for height variances shall follow the procedures for other variances and shall be subject to such conditions and terms as recommended by the Department of Aviation and the FAA (for Redmond, Bend and Sunriver.) The Plan relates to the Airport Safety Combining zone as projects within this zone are permitted uses. Bend Municipal Airport Bend Municipal Airport is a Category 2, Business or High Activity General Aviation Airport. The 5,200 foot long by 75 foot wide paved runway is located at an elevation is 3,456 feet. Imaginary surface dimensions for the Bend Airport are based on planned improved operational characteristics, and an upgrade from a "utility" to "other than utility" runway, but do not reflect any planned extension to the existing runway. A. Primary Surface: For Bend, the primary surface is 500 feet wide by 5,405 feet long. B. Runway Protection Zone (RPZ): Both Runway #16 and #34 have, or are proposed to have non-precision approaches. Both RPZs begin 200 feet off the ends of the runway. The non-precision RPZs form 500 foot wide by 1,700 foot long by 1,010 foot wide trapezoids. C. Approach Surface: The non-precision approach surfaces are 500 feet wide by 10,000 feet long by 3,500 feet wide, with an upward approach slope ratio of 34:1 (one-foot vertical for each 34 feet horizontal). D. Horizontal Surface: The surface boundary is comprised of connected arcs drawn 10,000 feet outward and centered on the ends of the primary surface. The height of the horizontal surface for the Bend Airport is 3,603 feet. Land Use Compatibility Applications for land use or building permits for properties within the boundaries of this overlay zone shall comply with the requirements of DCC 18.80 as provided herein. When compatibility issues arise, the Planning Director or Hearings Body is required to take actions that eliminate or minimize the incompatibility by choosing the most compatible location or design for the boundary or use. Where compatibility issues persist, despite actions or conditions intended to eliminate or minimize the incompatibility, the Planning Director or Hearings Body may disallow the use or expansion, except where the action results in loss of current operational levels and/or the ability of the airport to grow to meet future community needs. Reasonable conditions to protect the public safety may be imposed by the Planning Director or Hearings Body. [ORS 836.619; ORS 836.623(1); OAR 660-013-0080] A. Noise Within airport noise impact boundaries, land uses shall be established consistent with the levels identified in OAR 660, Division 13, Exhibit 5 (Table 2 of DCC 18.80). Applicants for 32 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN any subdivision or partition approval or other land use approval or building permit affecting land within airport noise impact boundaries, shall sign and record in the Deschutes County Book of Records, a Declaration of Anticipated Noise declaring that the applicant and his successors will not now, or in the future complain about the allowed airport activities at the adjacent airport. In areas where the noise level is anticipated to be at or above 55 Ldn, prior to issuance of a building permit for construction of a noise sensitive land use (real property normally used for sleeping or as a school, church, hospital, public library or similar use), the permit applicant shall be required to demonstrate that a noise abatement strategy will be incorporated into the building design that will achieve an indoor noise level equal to or less than 55 Ldn. [NOTE: FAA Order 5100.38A, Chapter 7 provides that interior noise levels should not exceed 45 decibels in all habitable zones.] B. Outdoor lighting No new or expanded industrial, commercial or recreational use shall project lighting directly onto an existing runway or taxiway or into existing airport approach surfaces except where necessary for safe and convenient air travel. Lighting for these uses shall incorporate shielding in their designs to reflect light away from airport approach surfaces. No use shall imitate airport lighting or impede the ability of pilots to distinguish between airport lighting and other lighting. C. Glare No glare producing material, including but not limited to unpainted metal or reflective glass, shall be used on the exterior of structures located within an approach surface or on nearby lands where glare could impede a pilot's vision. D. Industrial emissions No new industrial, mining or similar use, or expansion of an existing industrial, mining or similar use, shall, as part of its regular operations, cause emissions of smoke, dust or steam that could obscure visibility within airport approach surfaces, except upon demonstration, supported by substantial evidence, that mitigation measures imposed as approval conditions will reduce the potential for safety risk or incompatibility with airport operations to an insignificant level. The review authority shall impose such conditions as necessary to ensure that the use does not obscure visibility. E. Communications Facilities and Electrical Interference No use shall cause or create electrical interference with navigational signals or radio communications between an airport and aircraft. Proposals for the location of new or expanded radio, radiotelephone, and television transmission facilities and electrical transmission lines within this overlay zone shall be coordinated with the Department of Aviation and the FAA prior to approval. Approval of cellular and other telephone or radio communication towers on leased property located within airport imaginary surfaces shall be conditioned to require their removal within 90 days following the expiration of the lease agreement. A bond or other security shall be required to ensure this result. 33 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN F. Limitations and Restrictions on Allowed Uses in the RPZ, Approach Surface, and Airport Direct and Secondary Impact Areas For the Redmond, Bend, Sunriver, and Sisters airports, the land uses identified in DCC 18.80 Table 1, and their accessory uses, are permitted, permitted under limited circumstances, or prohibited in the manner therein described. In the event of conflict with the underlying zone, the more restrictive provisions shall control. As used in DCC 18.80.044, a limited use means a use that is allowed subject to special standards specific to that use. The proposed Plan relates to the general objectives and specific development standards prescribed for each of these zoning districts. The Plan will support the development of underdeveloped aviation land, thereby providing employment opportunities, which will in turn encourage development on adjacent parcels. D. FAA Policy on Property Acquisition In a US Department of Transportation Federal Aviation Administration Brochure Land Acquisition for Public Airports "How and Why your Local Government Acquires Real Property for Public Airports" there is the following policy statement about acquisition of properties. The brochure is in reference to Public Law 91- 646 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which was signed into law and made effective on January 2, 1971. This document in full can be found at: http://www.faa.gov/airports_airtraffic/airports/environmental/relocation_assistanc e/ Can The Airport Owner Take Only A Part Of Your Property? Yes. However, if the acquisition of your property reduces the value of the remainder, you will be compensated for such reduction in value. Occasionally, a project or action will increase the value of a remaining parcel. When this occurs, generally no reduction is made from the purchase price of the parcel acquired by the airport owner; however, the determination of damages and/or benefits to the remainder depends on the provision of the State law in which the property is located. If the acquisition of a portion of your property leaves an "uneconomic remnant," the Uniform Act requires that the airport owner offer to acquire the remnant at its fair market value. What Is An Uneconomic Remnant? An "uneconomic remnant" is that portion of a property remaining after acquisition, the retention of which provides little utility or economic benefit to the owner. This can result from difficulty of access, a changed highest and best use, remoteness, or other reasons which burden the owner with expenses and 34 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN responsibilities not commensurate with the benefit of keeping the remaining remnant. The Plan relates to this policy by authorizing purchase of entire parcels of land instead of portions of parcels so as to eliminate any controversy about leaving an uneconomic remnant. APPENDIX A: BEND MUNICIPAL AIRPORT BOUNDARY DESCRIPTION Beginning at the Southwest corner of Section 17, Township 17 South, Range 13 East of the Willamette Meridian, Deschutes County, Oregon; thence North 00°00'38" West 2640.63 feet 35 PROPOSED BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN along the west line of said section to the West quarter corner of Section 17; thence continuing North 00°01'40" West 2640.79 feet along the west line of Section 17 to the Northwest corner thereof, thence North 89°48'28" East 1324.71 feet to the Northeast corner of the Northwest quarter of the Northwest quarter of said Section 17; thence South 00°02'08" East to the southerly right-of-way line of Powell Butte Highway; thence Easterly along said right-of-way to the point of intersection with the westerly right-of-way line of McGrath Road; thence Southeasterly along said right-of-way line to the East-West centerline of said Section 17; thence West along said centerline to the center of said section; thence South 00°02'36" East 2640.95 feet to the Southeast corner of the Southwest quarter of said Section 17 and being the North quarter corner of Section 20 of said Township and Range; thence South 00°03'56" West 2633.72 feet to the Southeast corner of the Northwest quarter of said Section 20; thence South 89°57'47" West 224.60 feet along the south line of said quarter to a point on the arc of a 630.00 foot radius non- tangent curve, concave to the Southeast; thence Southwesterly along the arc of said curve (the chord of which bears South 65°05'35" West 156.08 feet) 156.48 feet to the beginning of a 40.00 foot radius curve to the right; thence along the arc of said curve (the chord of which bears North 80°18'26" West 53.23 feet) 58.24 feet to the beginning of a 230.00 foot radius curve to the left; thence along the are of said curve (the chord of which bears North 49°31'08" West 87.17 feet) 87.70 feet to the south line of the Northwest quarter of said Section 20; thence South 89°57'47" West 1028.39 feet along said south line to a point on the arc of a 60.00 foot radius non-tangent curve, concave to the east; thence Southeasterly along the arc of said curve (the chord of which bears South 20°55' 10" East 42.81 feet) 43.78 feet; thence South 89°57'47" West 2.01 feet; thence South 00°O1' 14" East 308.91 feet; thence South 89°58'46" West 44.00 feet; thence South 05°43'52" East 844.19 feet; thence South 89°58'46" West 700.00 feet; thence North 05°41'24" East 179.62 feet; thence South 89°57'45" West 103.37 feet; thence North 00°01' 14" West 1010.00 feet to the south line of said Northwest quarter of Section 20; thence South 89°57'47" West 403.75 feet along said south line to the Southwest corner of said Northwest quarter; thence North 00°00'43" West 2641.51 feet along the west line of said quarter to the point of beginning. SAVE & EXCEPT that portion within public rights of way. 36 DRAFT REPORT ACCOMPANYING THE BEND MUNICIPAL AIRPORT URBAN RENEWAL PLAN Deschutes County June 2008 TABLE OF CONTENTS 1. INTRODUCTION ......................................................................................................1 II. EXISTING PHYSICAL, SOCIAL AND ECONOMIC CONDITIONS AND IMPACT ON MUNICIPAL SERVICES 2 A. PHYSICAL CONDITIONS .....................................................................................2 B. INFRASTRUCTURE 6 C. SOCIAL CONDITIONS 8 D. ECONOMIC CONDITIONS ...................................................................................8 E. IMPACT ON SERVICES (MUNICIPAL AND COUNTY) 9 III. REASONS FOR SELECTION OF EACH URBAN RENEWAL AREA IN THE PLAN ................................................................................................................................10 IV. THE RELATIONSHIP BETWEEN URBAN RENEWAL PROJECTS AND THE EXISTING CONDITIONS IN THE URBAN RENEWAL AREA ................................10 A. TAXIWAY AND RUNWAY IMPROVEMENTS .....................................................10 B. SAFETY IMPROVEMENTS ................................................................................11 C. DEVELOPMENT .................................................................................................13 D. PROPERTY ACQUISITION ................................................................................13 E. PLANNING ..........................................................................................................17 F. NON-AIRPORT PUBLIC SAFETY ......................................................................17 G. INFRASTRUCTURE IMPROVEMENTS .............................................................17 V. THE ESTIMATED TOTAL COST OF EACH PROJECT AND THE SOURCES OF MONEYS TO PAY SUCH COSTS ..........................................................................18 VI. THE ANTICIPATED COMPLETION DATE FOR EACH PROJECT 21 VII. THE ESTIMATED AMOUNT OF TAX INCREMENT REVENUES REQUIRED AND THE ANTICIPATED YEAR IN WHICH INDEBTEDNESS WILL BE RETIRED 21 VIII.FINANCIAL ANALYSIS OF THE PLAN 26 IX. IMPACT OF THE TAX INCREMENT FINANCING, BOTH UNTIL AND AFTER THE INDEBTEDNESS IS REPAID, UPON ALL ENTITIES LEVYING TAXES UPON PROPERTY IN THE URBAN RENEWAL AREA 28 X. RELOCATION REPORT .........................................................................................29 XI. COMPLIANCE WITH STATUTORY LIMITS ON ASSESSED VALUE AND SIZE OF URBAN RENEWAL AREA 29 DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN 1. INTRODUCTION The Bend Municipal Airport Urban Renewal Report (the "Report") contains background information and project details for the Bend Municipal Airport Urban Renewal Plan (the "Plan"). The Report is not a legal part of the Plan but is intended to provide public information and a basis for the findings made by the County Commission as part of its approval of the Plan. The Report provides the information required in ORS 457.085(3). The format of the Report is based on this statute. Deschutes County I June 2008 DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN II. EXISTING PHYSICAL SOCIALAND ECONOMIC CONDITIONS AND IMPACT ON MUNICIPAL SERVICES This section of the Report describes existing conditions within the Bend Municipal Airport Urban Renewal Area (the "Area"), documenting the occurrence of "blighted areas" as defined by ORS 457.010(1). A. Physical Conditions 1. Land Use The Area, shown in Figure 1 below, contains approximately 526.44 acres, 22.63 of which are right of way. It includes fifteen individual tax accounts with the following use classifications as determined by the County assessor: Vacant, Improved Land Receiving Farm Use Value (FUV): Exclusive Farm Use (EFU) zone, Industrial Improvement, Condominiums: Leased Land (hangars) and State Appraised Accounts. An analysis of property classification data from Deschutes County's 2007-08 Assessment and Taxation database was used to determine the land use designation of parcels in the Area. The largest portion (74.70 percent) of the Area is classified as Industrial Improvement and is some type of Airport use. Table 1. Existing Land Use of Proposed Area (FY 2007-2008) Land Use Parcels Acres of Total % Acres Vacant 2 78.50 15.58% Improved Land Receiving Farm Use Value: EFU zone 2 34.32 6.81% Industrial Improvement 4 376.34 74.70% Condominiums: Leased Land (hangars) 9 .34 .07% State Appraised Accounts 1 14.31 2.84% Total 15 503.81 100% Source: Bend GIS from Deschutes Count Assessor Deschutes County 2 June 2008 DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN 2. Zoning As illustrated in Table 2 and Figure 1, 334.13 acres (66.32 percent) of the Area are zoned for Airport uses. As shown on the Figure 2, some lots have more than one specific airport zone. When comparing the actual land use with the zoning, only 6.81 % is classified as farm use by the assessor's office, while 33.68 percent is zoned as Exclusive Farm Use. Table 2. Existing Zoning of Proposed Area Zoning Parcels Acres % of Total Acres Aviation Uses: multiple categories 10 334.13 66.32% Exclusive Farm Use 5 169.68 33.68% Total 15 503.81 100.00% aource: trend V 15 Deschutes County 3 June 2008 DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN Figure 1. Urban Renewal Area Boundary r u JYY ~ r sr - cam- yr.'.. r-y C ? ~ .A4 4t " Y 4 T tit-.µ a„'r' f.7 } A... ♦ 3 mil, _ ~ lr~ f F v Bend Airport ORDEMLAREABOMOMY = AUMTIONSUPPOWDM Y Urban Renewal Area ® NR mCpsCAST = Aso-RESEMEMFA OrMprow: 2005 NATION REL DO MST Q EKCL FARM USE (LMq For DhPf y Ptup*ws Only: ftt to Scent NR& RESERVE AREA ® ►ULT USEAGRE Deschutes County 4 June 2008 40produces Poorly (Art,hived) DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN Figure 2. Zoning/Comprehensive Plan Designations f , 1 I . ' 1 I i I I Bend Airport AVIATION SUPPORT DIST Urban Renewal Area W AIRPORT OPS DIST ASD- RESERVE AREA AVIATION REL. IND DIST EXCL. FARM USE (BLANK) Orthophoto: 2005 - 1 inch equals 500 feet ARID- RESERVE AREA MULT USE AGRIC Deschutes County 5 June 2008 Document Reproduces Poorly (Arch"%ied) DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN B. Infrastructure 1. Airport Facilities The Airport currently has one taxiway which is in need of reconstruction. The Airport requires an additional taxiway on the east side of the Airport to support expansion of facilities on the east side. There is an existing 75 foot runway. The runway needs to be lengthened and widened and needs additional weight bearing capacity to serve demand at the Airport. There is no air traffic control tower. One of the current users of the Airport, Cessna Aircraft has recently testified at the Bend City Council regarding the need for an air traffic control tower. There is an existing compass rose which does not meet certification standards and has deteriorated. There is existing barb wire fencing along Powell Butte Highway which is both unsightly and does not provide adequate security. The Airport administrative office is in the current Fixed Base Operator (FBO) building. The office is too small to serve the needs of the staff and there is no conference room space. There is no maintenance facility operated by the Airport. There are existing hangars, but the demand for hangar space exceeds the supply of hangars. 2. Transportation a) External Transportation System The Bend Municipal Airport (the "Airport") is served by Powell Butte Highway. Powell Butte Highway is a two lane rural highway that runs north-south along the western boundary of the airport. Powell Butte Highway connects the Airport to Highway 20, the principal access road to and from the Bend area. Butler Market Road approaches the Airport from the west and intersects Powell Butte Highway near the central terminal area. Nelson Road runs east and west near the southern Airport property line. b) Internal Transportation System A frontage road paralleling Powell Butte Highway facilitates access to the west side Airport facilities. There is an access road on the eastside of the Airport, however, the property on the east side does not have adequate access to facilitate full development. There is no full perimeter road at the Airport. The Airport provides transportation services to small aircraft entering Deschutes County for both pleasure and business trips. The Airport is identified as a Category 2, High Activity Business and General Aviation airport by the Oregon Department of Aviation. It is the only Category 2 located east of the Cascade Mountains. There are over 200 aircraft based at Deschutes County 6 June 2008 DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN the airport with over 42,000 estimated annual operations in 2007. More than 18 aviation-related businesses are located on the Airport, employing more than 1000 people, making the Airport one of the largest concentrations of family-wage jobs in the metropolitan Bend area. However, it is anticipated, that future demand for general aviation facilities and aviation-related industrial sites will exceed the capacity of the current Airport and the supply of serviced industrial land. 3. Water Sewer and Storm Drainage Facilities The Airport's water supply system contains three ground level storage reservoirs with a total combined storage capacity of .41 million gallons. Reservoirs 1 and 2 are located on the west side of the Airport adjacent to the west side prod uction.faciIity. They are ground level concrete tanks with a storage capacity of 77,500 gallons apiece. Reservoir 3 is located on the east side of the Airport adjacent to the east side production facility. It is a ground level tank with a storage capacity of 250,000 gallons. The draft Airport Water Master Plan, yet to be adopted by the Bend City Council, has identified inadequacies. The Airport is connected to the Bend sanitary sewer system and the wastewater treatment plant, located about one mile north of the airport. Sanitary sewer service is provided along the entire west side of the airport and a primary line was extended to the east side of the airport. 4. Parks and Open Space There are no parks or open spaces in the Area. 5. Public Spaces There are no public spaces other than the Airport in the Area. 6. Public Parking There is public parking along the frontage road to the Airport. Approximately 25 paved parking spaces are located adjacent to the Fixed Base Operator (the "FBO")/Terminal building with additional unpaved spaces adjacent to the frontage road. Approximately 100 new parking spaces have been added to the north end of the airport in conjunction with hangar construction. Parking has also been added in conjunction with hangar development at the south end of the airport. Even with the addition of parking, existing parking facilities are inadequate for serving current and future planned activity at the Airport. 7. Public Buildings The public building in the Area is the FBO building, which provides office space, a restaurant, flight training, and pilot services. (Hangars owned by the City of Bend are leased to private entities for storage of aircraft and Deschutes County 7 June 2008 fi DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN related aviation related office space and are not considered public buildings). This building is integral to the operation of the Airport. 8. Fire Station The fire station serving the Airport is Station 304 located at 62420 Hamby Road. It was built in 2003 and is the newest station in the Bend area. The Fire Department voices concern that this station may not be able to adequately serve the airport when future development occurs. The Fire Department also voices needs for an Emergency Services Facility. C. Social Conditions According to the Assessor's data, the Area contains 5 residential dwellings. However, the property owner states there are only three residential dwellings. These are rental units and are all under one ownership. Therefore social conditions are not a significant aspect of the Area and are not examined in detail. D. Economic Conditions 1. Taxable Value of Pronerty within the Area The estimated total assessed value of the Area in FY 07/08, including all real, personal, personal manufactured and utility properties, is $7,453,493 or 0.05% of Deschutes County's total assessed value of $15,823,948,426 this Fiscal Year. 2. Building to Land Value Ratio An analysis of property values can be used to evaluate the economic condition of real estate investments in a given area. The relationship of a property's improvement value (the value of buildings and other improvements to the property) to its land value is generally an accurate indicator of the condition of real estate investments. This relationship is referred to as the "Improvement to Land Ratio" or'TU. The values used are real market values. In urban renewal areas, the I:L may be used to measure the intensity of development or the extent to which an area has achieved its short- and long-term development objectives. The I:L ratio for fully developed industrial property has a very wide range because of the value of machinery and equipment. Table 3 below, "Improvement to Land Ratio," shows the improvement to land ratios for properties within the study area. Deschutes County June 2008 DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN The most relevant aspect of development in the Area is that almost half the Area is undeveloped. Table 3. I:L Ratio of Parcels in Proposed Area E. impact on Services (Municipal and County) The fiscal impact of tax increment financing on taxing districts that levy taxes within the Area ("affected taxing districts") is described in section IX of this Report. This subsection discusses the fiscal impacts resulting from potential increases in demand for municipal services. Increases in industrial/aviation occupancies within the Area will generally result in higher demand for fire, life safety and public safety services. The increased occupancies within the Area will also increase the demand for water, sewer and storm drainage services. These impacts will be partially offset by the funding from the Plan for improvements to the road system which assist providers of fire, life safety and public safety services. Airport facilities improvements, including a Fire Station, will provide incentives for developing sites which in turn will provide employment opportunities for the citizens of Deschutes County. This development will generate additional municipal revenues in fees and property taxes. Deschutes County 9 June 2008 Source: Deschutes County Assessor No land value: leased property on 8 parcels:.68acres allocated DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN III. REASONS FOR SELECTION OF EACH URBAN RENEWAL AREA IN THE PLAN There is one urban renewal area in the Plan and it was selected to improve and prevent the future occurrence of blighted areas as defined in ORS 457.010(1). IV. THE RELATIONSHIP BETWEEN URBAN RENEWAL PROJECTS AND THE EXISTING CONDITIONS IN THE URBAN RENEWAL AREA This section describes the relationship between the urban renewal projects called for in the Plan and conditions generally described in Section II of this Report and more particularly described below. A. Taxiway and Runway Improvements 1. Construct New Taxiway B. Construct a 35 foot wide taxiway the length of the airport at the east side of the airport. Lights would be a component of the taxiway. Relationship to Existing Conditions Airport facilities are inadequate in relationship to future activity. 2. Reconstruct Taxiway A Reconstruction of the taxiway on the west side of the Airport. This reconstruction includes widening the taxiway and adding appropriate lighting and signage, and runup areas. Relationship to Existing Conditions Airport facilities are inadequate in relationship to future activity. 3. Widen Runway. The existing runway will be widened as determined in the Airport Master Plan update. Relationship to Existing Conditions Airport facilities are inadequate in relationship to future activity. The runway is presently 75 feet wide and will not serve future activity. 4. Lengthen Runway. The existing runway will be lengthened as determined in the Airport Master Plan update. Relationship to Existing Conditions Deschutes County 10 June 2008 DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN Airport facilities are inadequate in relationship to future activity. The present runway is 5200 feet. The Airport Master Plan update will include specification of needed improvements to the runway. 5. Pavement Expansion (1). The Westside north ramp will be expanded. Relationship to Existinq Conditions The Westside north ramp is not presently paved and is inadequate for serving existing and future activity. 6. Pavement Expansion (2). The Westside south ramp will be expanded. Relationship to Existinq Conditions The Westside south ramp is not presently paved and is inadequate for serving existing and future activity. 7. Runway Upgrading. The existing runway will have an additional 2 inches of asphalt to increase weight bearing capacity above 30,000 pounds. Relationship to Existing Conditions The present runway has a weight bearing capacity of 15,000 pounds and is inadequate for serving some existing and future activity. The Master Plan update is anticipated to address the demand, timing, and cost. . B. Safety Improvements 1. Air Traffic Control Tower. Construct an air traffic control tower. Relationship to Existing Conditions Airport facilities are inadequate in relationship to future activity. There is not currently an air traffic control tower. 2. Compass Rose. Construct a roadway for compass calibration/ testing of aircraft. Deschutes County I I June 2008 DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN Relationship to Existing Conditions The existing compass rose does not meet certification standards and has deteriorated. The compass rose is inadequate in relationship to future activity. 3. Fencing Improvements: Airport Frontage. Security fencing along the airport frontage will be installed to protect both the Airport facilities and private property but to also protect the safety of the public and wildlife. Relationship to Existing Conditions The current frontage fencing is along Powell Butte Highway only. It is barbwire. The fencing is inadequate in relationship to current and future activity. 4. Fencing Improvements: Install perimeter fencing. A perimeter security fence with gated openings will be installed to protect both the airport facilities and private property but to also protect the safety of the public and wildlife. Relationship to Existin Conditions There is currently no perimeter fencing, only the barb wire fencing along the Powell Butte Highway frontage. The perimeter fencing is inadequate in relationship to current and future activity. 5. Auto Parking Improvements. Auto parking will be developed to meet increased demand and/or to resolve potential safety hazards. Relationship to Existing Conditions The auto parking is insufficient to meet the current demands and is unstructured. The auto parking is inadequate in relationship to future activity. 6. Demolition of Existing Houses After acquisition, the existing houses within the Area will be demolished. Relationship to Existing conditions There are three homes within the existing 65dBA DNL noise contour. Deschutes County 12 June 2008 DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN C. Development 1. Construct Airport Facilities Building: Administration, Maintenance, Meeting/Conference room and Classroom. Develop additional space for administrative offices, a maintenance facility, a meeting/conference room and the community college has requested a classroom. Relationship to Existinq Conditions The airport management is currently housed in a small office in the FBO. The management needs additional office space and space for meetings, maintenance and classroom space. The existing facilities are inadequate at this time and in relationship to future activity. 2. Construct Hangars for Airport to Own and Lease. Develop additional hangar space to meet growing demand. The Airport may construct those hangars for public ownership and to lease to private individuals for an income source. Relationship to Existinq Conditions The hangars which are owned by the Airport are fully leased. There is additional demand for hangars. The supply of hangars will be inadequate in relationship to future activity. 3. Expand Heliport/Helipad. The existing heliport/helipad will be moved to another location on the Airport where there will be more room for this growing use, and fewer conflicts with fixed wing aircraft. Relationship to Existing Conditions The heliport/helipad is not currently large enough for the demand and could be in a safer location. The heliport/helipad is inadequate in relationship to current and future activity. D. Property Acquisition 1. Purchase Property Inside 65 dBA DNL and 70 dBA DNL. Parcels within the the 65 dBA DNL (4) and 70 (1) dBA DNL noise contours will be purchased for Airport and aviation-related uses. Where part of a parcel is within the contours, acquisition of the entire parcel is anticipated. The homes on these properties may be demolished. Relationship to Existing Conditions June 2008 Deschutes County 13 DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN There are currently properties, including five homes, within these noise contours. To reduce the impact of the airport on these uses, the properties should be purchased. A noise contour map is included for reference as Exhibit 3. These parcels are identified by parcel # in Exhibit 4. Figure 3. Noise Contour Map Deschutes County 14 June 2008 DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN Figure 4. Property Ownership Deschutes County 15 June 2008 DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN Bend Airport CRENEWAL AREA BOUNDARY Urban Renewal Area °wnemK`°: Land Ownership CITY OF BEND DESCHUTES COUNTY For MWeY Purposes Only., Not to Scale GIBSON AIRPARK LLC Deschutes County 16 June 2008 Document Reproduces Poorly (Archived) t DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN E. Planning 1. Airport Master Plan. The present Airport Master Plan was adopted in 1994. A Planning Update was adopted in 2002. A new Master Plan will be undertaken that will provide specifications for several of the projects included in the Plan. Relationship to Existin Conditions The Master Plan was updated in 2002. It is already outdated and in need of updating. The demand for aviation space and uses is increasing at a phenomenal rate, requiring updating of the Master Plan. The present Master Plan is inadequate in relationship to current and future activity. 2. Administration of Urban Renewal Plan. Staffing will be required to implement the projects in the urban renewal plan. Relationship to Existinq Conditions There is presently no urban renewal area, so no administration required. F. Non-Airport Public Safety 1. Construct Fire Station In cooperation with Rural Fire District # 2 a fire station in proximity to the Airport will be developed to serve the increase of facilities at the Airport. Relationship to Existing Conditions The Airport is presently served by fire station 304 located at 62420 Hamby Road. There is presently no fire station on the airport facility and fire and life safety services will be inadequate with future development at the Airport. G. Infrastructure Improvements 1. Left Turn lane at Butler Market Road. A left turn lane from Powell Butte Highway to Butler Market Road will be constructed. Relationship to Existing Conditions The transportation analysis in the TSP calls for this additional capacity to avoid congestion and improve safety. The existing conditions will be inadequate with anticipated future development. Deschutes County 17 June 2008 DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN 2. Powell Butte Highway Road Improvements. Improvements will be made to Powell Butte Highway as necessary for Airport operations. Relationship to Existing Conditions Powell Butte Highway is presently a two lane road. Increased uses at the Airport require upgrading of the road. The existing conditions will be inadequate with anticipated future development. V. THE ESTIMATED TOTAL COST OF EACH PROJECT AND THE SOURCES OF MONEYS TO PAY SUCH COSTS Table 5 below shows the estimated total cost of each project and the estimated sources of funds to address such costs, with all figures in year of expenditure dollars. This analysis is based on known projects at the time of preparation of the Plan and does not include projects authorized by the Plan, but unknown at this time. Deschutes County 18 June 2008 f DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN Table 5. Estimated Project Costs and URA Share of Costs ESTIMATED PROJECT & ESTIMATED URBAN RENEWAL ESTIMATED DESCRIPTION COST SHARE START DATE Taxiway and Runway -imp ovements Engineering - Construct New Taxiway 2008 Construction - B - Eastside of airport $5,400,000 $270,000 2009 Reconstruct Taxiway A - Spring/Summer Westside of Airport $1,200,000 $60,000 2010 Widen Runway 75 ft. to 100 ft. $5,000,000 $250,000 2015 * Lengthen 5200 Ft. Runway $8,000,000 $400,000 2020 * Pavement Expansion - Westside Expand North Spring/Summer Ram $108,000 $5,400 2009/10 Pavement Expansion - Westside Expand South Spring/Summer Ram $330,000 $16,500 2010/11 Runway Upgrading: add [ oas halt 2' f $1,000,000 $1,000,000 2014 t afe Im rovements Air Traffic Control Tower $4,000,000 $200,000 2010 Compass Rose $200,000 $10,000 Spring/Summer g/Su 2009 Fencing Improvements - Spring/Summer Powell Butte Hwy $83,333 $4,167 2011/12 Fencing Improvements - Air ort Frontage $100,000 $100,000 2010 Fencing Improvements - Install perimeter fencing $250,000 $12,500 2011 Auto Parking Improvements $50,000 $2,500 2009 Demolition of Existing Houses $30,000 $30,000 2010 Deschutes County 19 June 2008 DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN Deveio ment Construct Airport Facilities Building: Administration, Maintenance, Meeting/Conference Room, and Classroom $400,000 $400,000 2011 Construct Hangars for Airport to Own and 000 000 $2 $2,000,000 2012 Lease Expand Heliport/Helipad , , $66,000 $3,300 2013 ±roperty Acquisition Purchase property around airport within 65 dBA DNL and higher $2,500,000 $1,075,000 2010 Planning Spring/Summer Airport Master Plan $100,000 $100,000 2008 Non-Airport Public Safety . Fire: Emergency Services Facility $1,300,000 $845,000 Non-Airport Infrastructure Improvements Road Improvement - Powell Butte Hwy at Butler Market $393,625 $196,813 2008 Other Road Improvements - Powell 000 $300 $300,000 2012 , Butte Hwy Contingency/ Admin @ 8.9% $718,820 Total $32,780,958 $9,700,000 Leverage of FAA dollars to TI dollars: On FAA participation, FAA will pay 95% of the expected cost. Deschutes County 20 June 2008 DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN VI. THE ANTICIPATED COMPLETION DATE FOR EACH PROJECT Projects will be ongoing and accomplished in increments. Estimated timeframes for the projects are shown in the Table 5 above. The anticipated completion date for each project is the latest year in which expenditures for the project is shown. VII. THE ESTIMATED AMOUNT OF TAX INCREMENT REVENUES REQUIRED AND THE ANTICIPATED YEAR IN WHICH INDEBTEDNESS WILL BE RETIRED A total of $14,739,987 will be needed for payment of debt service on the $9,700,000 in maximum indebtedness. Table 6 shows the yearly tax increment revenues and their allocation to loan repayments, reimbursements, debt service and debt service reserve funds. It is anticipated that all debt will be retired by the end of FY 35/36. Deschutes County 21 June 2008 Y ° (D L0 O ~ M ~ V-- O N 'tt O O M M ti Lo "t p r r M r N I` r N N ~ O N O O O Lo ~ ~ O N ~ M c) C) C 4 O N Z It (.D V- r- p o 00 0) a ° P, -1 N C, co CO N N ~ r- N Q W W Y) i o O ~ p O CO (o 00 d Q O N N N L ~ M cli t1) N ~ O Q 00 ti Lo ~ a z~ Cn CN (.0 (.0 C14 O O N ti C) O N N - ° P N N Lo 00 M w 0.! 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N c5 T 6 O ~ r- T r P-a x F~ O 00 CO O LO O 00 O O T T ti ~ ~ Q F.. r T M Cfl H a ti O CN4 (c)) ff O O 't B O O O O C> M O M M 00 I~ Ln 0 o ° LO p O tt B O O M N O N ( 5 O O O CN C6 u N N O O Lr) 00 O Lf7 - Ln 00 N Ln CD : 00 M O LO rt V-- d' C'M r 0') p O r T M O O ~ N T N r r ti T T O N 00 O LC) M In r f- C) 00 N T T T CM Q 4) to ti 0 T p ~o O 0 OO 00 O M Z Q N ° N O 1 O 1 M p O p ° LO N 00 O O w M 00 M O ONO O r O C ) 1) O N 00 ti O N p 0 d O O O r O 00 r N LO O M C7 M LC) r T p 00 C N O 00 T O 0) O LO 00 f` 00 p r r 0 0 CO I` r T r co O ti ti r 00 O d1 (D Cfl L V C O p co 'a co y ~ V ~ 7 o EH > Q 4) ° Q ~ c Q c C Q 0 0 a :6 o T o T N iE5 - ; - . (a m 0) N U) 4 > W N N W CD N CD 'D ~ D. Q to r N x X L- m Q Z H c IF - m Q Q Z I- c F- I- cc O O N N ti N O U U Q DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN IX. IMPACT OF THE TAX INCREMENT FINANCING BOTH UNTIL AND AFTER THE INDEBTEDNESS IS REPAID UPON ALL ENTITIES LEVYING TAXES UPON PROPERTY IN THE URBAN RENEWAL AREA The impact of tax increment financing on overlapping taxing districts consists primarily of the property tax revenues foregone on permanent rate levies as applied to the growth in assessed value. Although the tables below show impacts on the School District 1 and the Educational Service District, under current school funding law, property tax revenues are combined with State School Fund revenues to achieve per-student funding targets. Under this system, property taxes foregone are replaced with State School Fund revenues. Table 8. Projected Impact on Taxing District Permanent Rate Levies During Use of Tax Increment Finnnrim, Avg . Revs. Foregone Present Value Revenues Foregone, FY 09/10 - FY 35/36 Deschutes Co C Total 753,061 Average Annual 28,964 FY 07/08 Permanent Rate Lev 19,913,846 as % of FY 07/08` Lev 0.1% ount Libra C 324,011 12,462 8,568,110 0.1% ount Law Enforcement R l L 559,656 21,525 14,799,463 0.1% ura aw Enforcement C 824,756 31,721 7,209,301 0.4% ount Extension 911 13,196 508 348,956 0.1% R l F 95,318 3,666 2,520,582 0.1% ura ire Dist 2 SD 1 846,318 32,551 2,544,286 1.3% ESD 2,806,586 107,946 52,240,483 0.2% COCC 56,790 2,184 1,501,756 0.1% 365,485 14,057 9,664,828 0.1% The average impact of foregone revenues as a percentage of the total permanent rate levy of each taxing district is shown in Table 8 above. Table 9 shows in the increase in permanent rate levy revenues that would occur after termination of the tax increment financing in FY 2034. By FY 2043/44, revenues added to the permanent rate levies would exceed the revenues foregone during the use of tax increment financing. Deschutes County 28 June 2008 DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN Table 9. Additional Revenues Obtained After Termination of Tax Increment Financing - - Present Value Revenues Gained, FY 35/36 - FY 43/44 Deschutes Co $805,813 Count Libra $346,708 Count Law Enforcement $598,860 Rural Law Enforcement Count Extension $882,530 $14,120 911 $101,995 Rural Fire Dist 2 $905,602 SD 1 $3,003,188 ESD $60,769 COCC $391,087 X. RELOCATION REPORT There are no businesses to be relocated. There is a potential for residential relocation. As described in Section VII, the Plan authorizes the acquisition of property by willing sellers only. Relocation benefits must be paid for any public acquisition, whether the acquisition is voluntary or involuntary. Therefore, before the Agency acquires any property, the Agency will adopt relocation regulations that are consistent with applicable State and Federal law. XI. COMPLIANCE WITH STATUTORY LIMITS ON ASSESSED VALUE AND SIZE OF URBAN RENEWAL AREA State law limits the percentage of both a municipality's total assessed value and the total land area that can be contained in an urban renewal area at the time of its establishment to 15% for municipalities over 50,000 in population. As noted above, the estimated total assessed value of the Area, including all real, personal, personal manufactured and utility properties is $7,453,493. The total assessed value of Deschutes County is $15,823,948,426 making .05% of the county's assessed value in urban renewal, well within the 15% statutory limitation. The estimated total acreage of the Area is 526.44 acres. Deschutes County is 1,955,200 acres. Therefore, .03% of the acreage in the County would be in an urban renewal area. This is also well below the statutory limitation of 15%. Deschutes County 29 June 2008 DRAFT REPORT ON PROPOSED BEND MUNICIPAL AIRPORT URBANRENEWAL PLAN Table 10. Assessed Value and Acreaae Calculations Urban Renewal Area Assessed Value Acres Bend Municipal Airport 7,453,493 526 Deschutes Count 15,823,948,426 1,955,200 Percent in Urban Renewal .05% .03% Deschutes County 30 June 2008 REVIEWED LEGAL COUNSEL For Recording Stamp Only . BEFORE THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE URBAN RENEWAL AGENCY OF DESCHUTES COUNTY, OREGON An Ordinance Making Certain Determinations and Findings Relating to and Approving the Bend * ORDINANCE NO. 2008-025 Municipal Airport Urban Renewal Plan WHEREAS, the Board of Commissioners of Deschutes County ("Board") has declared that blighted areas exist in Deschutes County and has elected to have the powers of an urban renewal agency exercised by the Board of County Commissioners itself; and WHEREAS, Board has declared that the name of the urban renewal agency shall be the Urban Renewal Agency of Deschutes County ("Agency"); and WHEREAS, the Agency is proposing to undertake certain urban renewal activities in a designated area within Deschutes County pursuant to ORS Chapter 457; and WHEREAS, the Agency, pursuant to the requirements of ORS 457.085(1) and (2), has caused the preparation of the Bend Municipal Airport Urban Renewal Plan ("Plan") dated June 2008 which is attached to this Ordinance as Exhibit A, and incorporated herein by this reference. The Plan authorizes urban renewal activities within the Bend Municipal Airport Urban Renewal Area (the "Area"); and WHEREAS, the Agency has caused the preparation of a report accompanying the Plan as required by ORS 457.085(3) ("Report"), which Report is dated June 2008 and is attached to this Ordinance as Exhibit B and incorporated herein by this reference; and WHEREAS, the Plan and the Report, and the Planning Commission Staff Report, which Staff Report is dated June 2, 2008 and is attached to this Ordinance as Exhibit C and incorporated herein by this reference, were forwarded to the Deschutes County Planning Commission on June 11, 2008 for its recommendation, and the Planning Commission considered the Plan, Report and Staff Report and acted to recommend that the Plan be approved by the Board; and WHEREAS, the Plan and the Report were forwarded on June 26, 2008, to the governing body of each taxing district affected by the Plan, and the Agency has thereafter consulted and conferred with said districts; and WHEREAS, the Board has received one written recommendation from the governing bodies of the affected taxing districts, and has considered and accepted that recommendation; and WHEREAS, on July 18, 2008, the Board caused notice of the hearing to be held before the Board on the Plan, including the required statements of ORS 457.120(3), to be mailed to property owners within the Bend-La Pine School District and published according to ORS 457.120(4), and WHEREAS, on August 6, 2008 the Board held a public hearing to review and consider the Plan, the Report, the recommendation of the Planning Commission, and the public testimony received on that date, and does by this Ordinance desire to approve the Plan; NOW THEREFORE, THE BOARD OF COMMISSIONERS, ACTING AS THE URBAN RENEWAL AGENCY OF DESCHUTES COUNTY, HEREBY ORDAINS: Section 1. The Board hereby determines and finds that the Plan complies with all requirements of ORS Chapter 457 and the specific criteria of ORS 457.095(1) through (7), in that, based on the information provided in the Report, information provided in the Planning Commission Staff Report, the recommendation of the Planning Commission, and the public testimony before the Board: 1. The area designated in the Plan as the Area is blighted, as defined by ORS 457.010(1) and is eligible for inclusion within the Plan because of conditions described in Section II of the Report, including the underdevelopment of property within the Area, inadequate airport facilities, the lack of adequate streets and other rights of way serving property in the Area, and the insufficiency of utilities, including sewer and water; 2. The rehabilitation and redevelopment described in the Plan to be undertaken by the Agency is necessary to protect the public health, safety and welfare of Deschutes County because absent the completion of the urban renewal projects, the Area will fail to contribute its fair share of property tax revenues to support public services and will fail to develop and/or redevelop according the goals of the County's Comprehensive Plan; 3. The Plan conforms to the Comprehensive Plan of Deschutes County as a whole, and provides an outline for accomplishing the projects described in the Plan, as more fully described in Chapters III and V of the Plan; 4. In connection with any residential displacement occurring as a result of the acquisition and disposition of land and redevelopment activities proposed in the Plan, provision has been made for displaced persons in Section X of the Report as required under applicable state and federal law; 5. The acquisition of real property provided for in the Plan is necessary for the development of public facilities, public improvements and as a noise buffer area around the Bend Municipal Airport as described in Chapters IV and VI of the Plan; 6. Adoption and carrying out the Plan is economically sound and feasible in that funds are available to complete the Plan projects using urban renewal tax increment revenues derived from a division of taxes pursuant to section 1 c, Article IX of the Oregon Constitution and ORS 457.440, and other available funding as shown in Sections V, VII and VIII of the Report; and 7. The County shall assume and complete any activities prescribed it by the Plan. Section 2. The Board expressly accepts the written recommendations of the Deschutes County Rural Fire District 42 as follows: The Deschutes County Rural Fire District #2 has recommended that the Plan not include a fire station within the Area as there are currently not adequate personnel to staff the facility, and the Board has changed the fire station project to an "Emergency Services Facility." As so described the project does not require Fire District staffing. The Fire District also recommended reconsideration of assistance to the Fire District if changes in state law allow greater latitude under the Plan. The Board agrees to reconsider assistance as recommended. Section 3. In accordance with the findings set forth above, the public testimony and the information presented to the Board, the Board hereby approves the Bend Municipal Airport Urban Renewal Plan. Section 4. The County Clerk shall forward a copy of this Ordinance to the Agency. The Agency shall deliver a copy of the Plan to Deschutes County to be recorded in the Records of Deschutes County, Oregon. Section 5. In accordance with ORS 457.095 and 457.115, notice of the adoption of this Ordinance approving the Plan, and the provisions in ORS 457.135, shall be published in the Bend Bulletin no later than four days following adoption of this Ordinance. Dated this of , 2008 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: DENNIS R. LUKE, Chair TAMMY (BANEY) MELTON, Vice Chair Recording Secretary MICHAEL M. DALY, Commissioner Date of I" Reading: day of , 2008. Date of 2„ d Reading: day of 52008. Record of Adoption Vote Commissioner Yes No Abstained Excused Dennis R. Luke Tammy (Baney) Melton Michael M. Daly Effective date: day of 12008. ATTEST: Recording Secretary ,1-E Community Develo meet Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 ,FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ STAFF REPORT TO: Deschutes County Planning Commission FROM: Catherine Morrow, Planning Director through John Russell, Economic Development Director, City of Bend DATE: June 2, 2008 HEARING/ WORK SESSION: June 12, 2008 SUBJECT: Bend Municipal Airport Urban Renewal Plan PURPOSE This is an urban renewal plan proposed by Deschutes County with the support of the City of Bend to provide a funding mechanism for infrastructure and safety improvements at the Bend Municipal Airport. The Bend Municipal Airport has recently attracted a substantial amount of private investment and, with improved infrastructure, could continue to accommodate aviation related businesses: This development would provide jobs and increased property tax revenues for the County and other taxing districts. The Planning Commission is being asked to make a recommendation to the Deschutes County Board of Commissioners regarding adoption of the Urban Renewal Plan (Plan). BACKGROUND In the spring of 2008, the City of Bend approached the Deschutes County Commission with a proposal to consider an urban renewal plan for the Bend Municipal Airport to help address facility and infrastructure needs. In April of 2008, as a step to allow the County to consider this issue, the Deschutes County Commission activated an urban renewal agency and designated the County Commission to act as the Urban Renewal Agency board. The Agency will become effective on July 23, 2008 and on that date the City.of Bend will present this urban renewal plan to the County Commission for their review. Quality Services Performed with Pride Staff Report PUBLIC NOTICE ORS 457.095 requires a Planning Commission recommendation on an urban renewal district. It also requires a public hearing before the Board of County Commissioners, which will be noticed as required. PROPOSAL The proposed Bend Municipal Airport Urban Renewal Plan (Plan) would encompass approximately 526 acres including 22.63 acres of right of way. The Proposed Boundary Area (Area) includes all the land currently zoned for airport uses (approximately 415 acres) and, in addition, adjoining parcels which are either entirely or partially designated as being inside the "65 dBA DNL noise contours" which means that they are significantly affected by the noise of airport operations to the extent their use for non-airport purposes is constrained. The additional properties are zoned Exclusive Farm Use (EFU):.These additional EFU-zoned parcels are owned by the City of Bend, Deschutes County and one private individual. (See accompanying Bend Municipal Airport Urban Renewal Area Report for maps and ownership information) The overall purpose of the Plan is to use funds generated. by tax]ncrement financing ("tax increment funds") to overcome the identified obstacles that prevent proper development of the Area and to improve inadequate airport facilities and undersupply of serviced sites for aviation-related development. Tax increment financing generally means that the property taxes resulting from growth in property value within the Area can be used to finance improvement projects and programs. The main goal of the Plan is "Economy" and is to support business development and promote job creation for the citizens of Deschutes .County. The other goals of the plan, "Traffic and Transportation, Land Use, Public Utilities, and Public. Involvement" all support the effort of providing additional infrastructure and safety improvements in the Area to facilitate business development and job growth. The projects to be administered under the Plan include seven main categories: • Taxiway and Runway Improvements • Aviation Safety Improvements • Development • Property Acquisition • Planning • Public Safety Improvements Page 2 Staff Report Airport Area Infrastructure Improvements The financing proposed in the Plan is a maximum indebtedness of the Area of Eight Million ($8,000,000) Dollars. These funds would be generated through growth in the Area over the next twenty five years. During this time, the other taxing districts would forego the growth of the property taxes in the Area, dedicating that increase in taxes to the improvement of the Area. Once the Plan terminates, the full increase in property tax revenues would then be allocated to the other taxing districts. The Plan would be administered by the Deschutes County Urban Renewal Agency ("Agency"). An advisory committee will be appointed to recommend actions to the Agency for implementation of the Plan. The advisory committee is anticipated to include representatives of the City of Bend. Major.changes to the Plan, if necessary, must be approved by the County Commission as detailed in Section IX Future Amendments to the Plan. REVIEW CRITERIA There are no explicit review criteria for a Planning Commission for review of an urban renewal plan. The Oregon.Revised Statute (ORS) ORS 457.085(4) states that "An urban renewal plan and accompanying report shall be forwarded to the planning commission of the municipality for recommendations, prior to presenting the plan to the governing body of the municipality for approval under ORS 457.095". The general accepted practice is for the Planning Commission to provide input on the relationship of the Plan to the local Goals and. Objectives, (Section V of the Plan), and particularly to the conformance to the County Comprehensive Plan. ANALYSIS The Plan would provide for a maximum indebtedness of $8,000,000 and last for approximately twenty five years. The Plan would use the increase in property tax revenues in the Area to fund projects'identified in the Plan. The conformance with the local objectives is in the Findings section of this document, Attachment 1. In summary, the Plan is in conformance with the local planning documents' goals and objectives in the following ways: A. Deschutes County Comprehensive Plan Economy: 1. The Plan provides improvements which will enhance the Area's services thereby increasing employment opportunities within the Area. These Page 3 Staff Report improvements will enhance and maintain the existing aviation uses in the local economy. 2. The Plan would support the current aviation uses, many of which are tourist related, and provide opportunities for those to expand. Transportation: 3. The Plan authorizes expenditures to upgrade the existing road system surrounding the Airport. An Immediate Opportunity Fund (IOF) application has been made for the northbound left turn lane on Powell Butte Highway to Butler Market Road. The Plan would supplement this funding. 4. The Plan would support the current aviation uses and provide opportunities for those to expand. Transportation Systems Plan: A. Arterial and Collector Roads 5. The Plan authorizes expenditures to upgrade the existing road system surrounding the Airport. An Immediate. Opportunity Fund (IOF) application. has been made for the left turn lane on Powell Butte Highway to Butler Market Road. The Plan would supplement this funding. B. Airports 6. The Plan relates to this goal by providing infrastructure and safety improvements at the Airport specified in Section IV of the Plan. 7. The Plan relates to the Transportation Systems Plan's goals and policies for the Bend Municipal Airport. It implements the existing Airport Master Plan and provides for updating the Master Plan. It provides strategies for protecting the. airport and surrounding uses in the critical noise contours. It proposes development within the confines on the existing zoning for the area. Public Facilities and Services: 8. The Plan relates to the goal to provide public services by including funding for the future development of a fire sub-station to serve both the Airport and surrounding areas. Financing for Fire station services from the Plan can include only capital expenditures. Recreation: 9. The Plan relates to the recreation goal by supporting the aviation uses at the Airport, recognizing that many of those uses are for recreation purposes. The Page 4 Staff Report Plan would support the current aviation uses and provide opportunities for those to expand. Agricultural Lands: 10. The Plan includes some EFU zoned property on which a portion of the property is in the 65dBA DNL noise contour. The property is included in the Area to allow the future acquisition of the, property to both protect the airport and to minimize impact on adjacent uses which is an airport-related use. The 2002 Supplement to the Master Plan contemplates acquisition of this property by the City. Until that acquisition, no projects would occur on these parcels which would interrupt their present use as EFU zoned properties. Citizen Involvement: 11. The Plan relates to the citizen involvement goal. There will be public input on the Plan through public meetings in the adoption process. The Plan is in conformance with the Bend Municipal Airport Master Pan Update and the 2002 Supplement to the 1994 Bend Municipal Airport Planning Update in the following ways: B. 1994 Bend Municipal Airport Master Plan Update and 2002 Supplement to the 1994 Bend Municipal Airport Planning Update: 12. The Plan relates to the Bend Airport Master Plan by implementing planned .improvement projects identified in the Master Plan and the Supplement. It also provides for the completion of a new Master Plan. The Plan is in conformance with the Deschutes County Planning Code in the following ways: C. Deschutes County Planning Code A. Exclusive Farm Use 13. The Plan includes some EFU zoned property on which a portion of the. property is in the 65dBA DNL noise contour. The property is included in the Area to allow the future acquisition of the.property to both protect the airport and to minimize impact on adjacent uses which is an airport-related use. The 2002 Supplement to the Master Plan contemplates acquisition of this property by the City. Until that acquisition., no projects would occur on these parcels which would interrupt their present use as EFU zoned properties. Page 5 Staff Report B. Airport Development Zones 14. The Plan relates to the Airport Development Zones as projects within these zones are permitted uses. C. Airport Safety Combining Zone 15. The Plan relates to the Airport Safety Combining zone as projects within this zone are permitted uses. D. Bend Municipal Airport 16. The proposed Plan relates to the general objectives and specific development standards prescribed for each of the Airport zoning districts. The Plan does not propose any uses which would be in conflict with the Airport. It proposes an acquisition program which would eliminate the current conflict of having residences in a 65 dBA DNL noise contour. The Plan will support the development of underdeveloped aviation land, thereby providing employment opportunities, which will in turn encourage aviation related development on adjacent parcels. The Plan is in conformance with the Federal Aviation Administration (FAA) Policy on Property Acquisition in the following. ways: D. FAA Policy on Property Acquisition 17. The Plan relates to this policy by authorizing purchase of entire parcels of land instead of portions of parcels so as to eliminate any controversy about leaving an uneconomic remnant. The main issue for the Planning Commission is whether the inclusion of the Exclusive Farm Use ("EFU") property.in the Bend Municipal Airport Urban Renewal Area is acceptable. The applicant presents the following facts to support inclusion on the EFU property. 1., Portions of the EFU property are within the 65 dBA DNL noise contour. 2. By adoption of Ordinance No. 2003-035, effective January 1, 2004, Deschutes County incorporated the 1994 Bend Municipal Airport Master Plan, as amended in 2002 by the Supplement to 1994 Airport'Master Plan. Deschutes County Comprehensive Plan §23.64.200. Page 6 Staff Report 3. The Bend Municipal Airport Master Plan Supplement states specifically that "The Bend Municipal Airport will grow along with the rest of Deschutes County, and the following additional.policies shall apply to the properties shown on the components of the airport overlay- zones within the area of average Ldn 65 contour (substantial impact area): "1. Property within the average Ldn 65 contour (substantial impact area) shall be considered committed for airport-related or accessory commercial or industrial uses. At such time as an exception to Land Conservation and Development Commission (LCDC) Goal 2 (Agricultural Lands) is taken, such properties shall be available to be rezoned to A-D Airport Development, provided public need is demonstrated for the, exception, in accordance with LCDC Goal 2 (Land, Use Planning) and public need is demonstrated for the zone to be placed upon the property...." 4. Airport staff indicates the need to purchase the properties within the 65 dBA DNL noise contour to eliminate incompatible uses. 5. Planning practices within urban renewal are to include full parcels when placing property in urban renewal areas. 6. The standard for the Federal Aviation Administration (FAA), which guides practices at the Airport and provides significant funding for Airport activities, is purchasing full parcels. 7. The LCDC exception would be taken before any airport related use was placed on any EFU property. Therefore, the Applicant states the inclusion of the EFU property in the Bend Municipal Airport Urban Renewal Area complies with the Comprehensive Plan. CONCLUSION AND RECOMMENDATION It is recommended the Planning Commission find the Plan complies with the Comprehensive Plan and recommends adoption by the Deschutes County Commission. PLANNING COMMISSION RECOMMENDATION AND VOTE It is recommended that the Planning Commission; Page 7 Staff Report 1. Review and discuss the proposed Bend Municipal Airport Urban Renewal Plan. 2. Recommend approval to the Board of County Commissioners and find that the Plan complies with the Comprehensive Plan. Recommendation/Suggested Motion(s): " I move that after finding that the Bend Municipal Airport Urban Renewal Plan conforms with the Deschutes County Comprehensive Plan that the Deschutes County Planning Commission recommend to the Deschutes County Commission adoption of the proposed Bend Municipal Airport Urban Renewal Plan." Attachments: 1. Findings 2. Bend Municipal Airport Urban Renewal Plan 3. Bend Municipal Airport Urban Renewal Report 4. Ordinance No. 2003-035, effective January 1; 2004 5. Bend Municipal Airport: Airport Planning Update (Supplement to 1994 Master Plan Update) dated December 2002 Page 8 Staff Report Attachment 1: Findings FINDINGS A. Compliance with State Planning Goals State planning statutes require counties to adopt and amend comprehensive plans and land use regulations in compliance with the state land use goals. Goal 1 Citizen Involvement: Goal 1 requires local jurisdictions to provide opportunities for citizen involvement. The Board of County Commissioners will hold a public hearing on this matter and the hearing will..be noticed as required. Additionally a neighborhood/Business owners meeting has been scheduled for June 12, 2008. Goal 2 Land Use Planning: Goal 2 requires the development of a process and policy framework which acts as a basis for all land use decisions and ensures that decisions and actions are based on an understanding of the facts-relevant to the decision. The Plan supports this goal in the following ways: 1. The Plan implements the policies of the Deschutes County Comprehensive Plan as it provides for funding for infrastructure improvements at the Bend Municipal Airport which will increase the ability of the Airport to provide jobs and recreational opportunities for the citizens of Deschutes County. 2. The majority.of the land within the Area is designated as Airport use in the Deschutes County Comprehensive Plan. 3. The Plan includes some EFU zoned property on which a portion of the property is in the 65 dBA DNL noise contour. The property is included in the Area to allow the future acquisition of the property to both protect the airport and to minimize impact on adjacent uses. Because the Deschutes County is using the Master Plan Supplement ("Supplement") to "guide airport land uses," and the Supplement states that the property which is within the Ldn65 contour shall be considered committed for airport-related or accessory commercial or industrial uses including the property which is within the Ldn65 contour in the Area is in conformance with the Comprehensive Plan and Goal 2 Land Use Planning. Although not all of each EFU parcel is within the Ldn65 contour, urban renewal best practice is to follow property lines for an urban renewal Area boundary because this eliminates the necessity for a field survey of the Area boundary. It also informs a property owner of the Agency's intended future use of the property and reduces the possibility of creating a divided, Page 9 Staff Report uneconomic remaining parcel. In addition, the Federal Aviation Administration ("FAA"), which provides funding for the majority of projects at the Airport, also advises that following property lines in acquisition is the appropriate method of acquisition. (FAA document shown later in this document) No airport related uses will occur on any EFU property until a Goal Exception has been taken for the property. Goals 3 and 4, Agricultural Lands and Forest Lands, require the preservation and maintenance of the state's agricultural and forest lands; generally located outside of urban areas. The Plan supports this goal in the following ways: 4. The majority of the land within the Area is zoned for Airport use. 5. The Plan includes some Exclusive Farm Use ("EFU") zoned property on which a portion of the property is in the 65 dBA DNL noise contour. The property is included in the Area to allow the future acquisition of the.property to both protect the airport and to minimize impact on adjacent uses. Because the County is using the Master Plan Supplement ("Supplement") to "guide airport land uses," and the Supplement states that the property which is within the Ldn65 contour shall be considered committed for airport-related or accessory commercial or industrial uses including the property which is within the Ldn65 contour in the Area is in conformance with the Comprehensive Plan and Goals 3 and 4, Agricultural Lands and Forest Lands. . Although not all of each EFU parcel is within the Ldn65 contour, urban renewal best practice is to follow property lines for an urban renewal Area boundary because this eliminates the necessity for a field survey of the Area boundary. It also informs a property owner of the Agency's intended future use of the property and reduces the possibility of creating a divided, uneconomic remaining parcel. The Federal Aviation Administration ("FAA") also advises that following property lines in acquisition is the appropriate method of acquisition. (FAA document shown later in this document) No airport related uses will occur on any EFU property until a LCDC Goal 2 Exception has been taken for the property. Goal 5, Natural, Historic, Cultural and Scenic Resources, requires protection natural, historic, cultural and scenic resources. The Plan supports this goal in the following ways: 6. None of the land in the Area is designates as Natural, Historic, Cultural and Scenic Resources, therefore the Plan complies with this Goal. . Page 10 Staff Report Goal 6, Air, Water and Land Resource Quality, requires maintenance and improvement of the quality of air, water and land resources. The Plan supports this goal in the following ways: 7. The Plan provides infrastructure funding for the Airport, which will provide incentives for expansion of businesses in this Area. Concentrating businesses with like interests in one location preserves natural resources and reduces negative environmental impacts by centralizing business resources. Goal 7, Areas Subject to Natural Disasters and Hazards, calls for the protection of life and property from natural disasters and hazards. The Plan is neutral on this goal because: 8. The Area is not subject to natural disasters and hazards. Goal 8, Recreational Needs, requires the responsible government agencies to plan for meeting recreational needs of both citizens and visitors. The Plan supports this goal in the following ways: 9. The Airport is a major recreational venue for Deschutes County. Providing infrastructure and safety improvements will help facilitate increased recreational uses at the Airport. Goal 9, Economic Development, requires provision of adequate opportunities for a variety of economic activities. The Plan supports this goal in the following ways: 10. The Airport is becoming a nucleus for an expanding aviation sector of employment for Deschutes County. Providing infrastructure and safety improvements will help facilitate increased expansion at the Airport and this expansion will result in additional jobs for Deschutes County residents and provide spin off economic benefit to the County. Goal 10, Housing, requires provision of housing to meet the needs of the State. The Plan is neutral on this goal because: 11. The Area includes two major types of comprehensive plan designations: Airport uses and EFU. There are some residential rental properties on the EFU designated area. However, these properties are within the 65 dBA DNL noise contour and. due to the noise impacts,.should be acquired. Although housing is an acceptable use in the EFU area, it is not the major use. Goal 11, Public Facilities and Services, requires planning and development of timely, orderly and efficient public service facilities that serve as a framework.for urban and rural development. The Plan supports this goal in the following ways: Page 11 Staff Report 12. The improvements slated under the Plan include improvements to the facilities at the Airport including the offices and maintenance facilities. It also includes provisions for construction of a future Fire Station near the Airport location. The majority of the improvements are infrastructure improvements to facilitate continued expansion of businesses at the Airport. Goal 12, Transportation, requires provision of a safe, convenient and economic transportation system. The Plan supports this goal in the following ways: 13. The Plan provides for infrastructure and safety improvements at the Airport, a major transportation center. 14. The Plan provides for improvement on Powell Butte Highway at Butler Market Road as called for in the Deschutes County Transportation Systems Plan. Goal 13, Energy Conservation, requires development of a land use pattern that maximizes the conservation of energy based on sound economic principles. The Plan supports this goal in the following ways: 15. The Plan provides infrastructure funding for the Airport, which will provide incentives for expansion of businesses in this Area. Concentrating businesses with like interests in one location preserves natural resources and reduces negative environmental impacts by centralizing business resources. Goal 14, Urbanization, requires provision of an orderly and efficient transition of rural lands to urban use. The Plan is neutral on the goal as the Area is not within an urban growth boundary. B. Deschutes County Comprehensive Plan The purpose of the Comprehensive Plan for Deschutes County is not to provide a site-specific identification of the appropriate land uses which may take place on a particular piece of land but rather it is to consider the significant factors which affect or are affected by development in the County and provide a general guide to the various decisions which must be made to promote the greatest efficiency and equity possible, while managing the continuing growth and change of the area. Part of that process is identification of an appropriate land use plan, which is then interpreted to make decisions about specific sites (most often in zoning and subdivision administration) but the plan must also consider the sociological, economic and environmental consequences of various actions and provide guidelines and policies for activities which may have effects beyond physical changes of the land. Page 12 Staff Report The. plan must also consider factors other than those of a strictly local nature because the policies must serve not only as an internal guide but also as a way of relating to the larger society of which we are a part. The planning process has to be oriented toward the production of the most beneficial long-range results possible for the residents of the community, not as an end to growth, but as a way to guide growth for the general welfare of the public. The Plan is in conformance with the Comprehensive Plan in the following ways: 1. Chapter 23.52: Economy The Plan relates to the Chapter 23.52 Economy in the following ways: GOALS 1. To diversify and improve the economy of the area. 2.. To enhance and maintain the existing natural resource, commercial and industrial segments of the local economy. 16. The Plan provides improvements which will enhance the Area's services thereby increasing employment opportunities within the Area. These improvements will enhance and maintain the existing aviation uses in the local economy. POLICIES 1. Tourism a. The importance of tourism to the local economy is well known, but there also exists considerable potential for strengthening and improving this segment of the economy. The County shall assist in the development of a long-range plan to encourage tourism (including destination resorts) and recreation locally (see Recreation Chapter for additional information). This study will include consideration of the impacts likely to be created by increasingly expensive gasoline. b. Private commercial activities consistent with other County policies which enhance tourism shall be encouraged by the County. 17. The Plan. relates to the goal to diversify and improve the economy and to enhance,the existing economy. The Plan would support the current aviation uses, many of which are tourist related, and provide opportunities for those to expand. 3. . Land a. Adequate lands for commercial and industrial requirements shall be set aside. (see Rural Development and Urbanization chapters). Page 13 Staff Report b. In order that local residents have adequate employment the County shall encourage programs that appropriately increase employment opportunities and assist, where feasible, public plans and programs to develop industrial land. 18. The Plan relates to the land section of the goal to diversify and improve the economy and to enhance the existing economy. The Plan would support the current aviation uses and provide opportunities for those to expand, providing increased employment opportunities. 2. Chapter 23.60: Transportation The Deschutes County Comprehensive Plan Transportation Chapter addresses both short and long-term transportation needs. This Chapter looks at the next 20 years in Deschutes County, and identifies through goals and policies, how best to efficiently move people and goods throughout the County. Planning for the transportation needs within the Bend, Redmond, and Sisters urban growth boundaries are covered by those cities' respective comprehensive plan transportation elements. The purpose of Deschutes County Comprehensive Plan (DCC) section 23.60 is to develop a transportation system that meets the needs of Deschutes County residents, while also considering regional and state needs at the same time. This plan addresses a balanced transportation system that includes automobile, bicycle, rail, transit, air, pedestrian and pipelines. It reflects existing land use plans, policies and regulations that affect the transportation system. The Plan relates to the Chapter 23.60 Transportation in the following ways: B. Existing Road System Deschutes County is responsible for maintaining approximately 943 total miles within the County system. Out of the total miles maintained by the County, approximately 750 miles are paved and 193 are unpaved. An additional 1,200 miles of unpaved roads are dedicated to the public but not in the County system. Most of the rural roads are located in the western part of the County along the major state highway corridors. In the other, ..:mostly unpopulated areas, roads totaling approximately 410 miles are under the jurisdiction of the U.S. Forest Service, U.S. Bureau of Land Management, the Oregon State Forestry Division, or the Oregon State Parks Division. Of the 750 paved miles of public roads located in the County, many are controlled by the local jurisdictions within the three incorporated cities (Bend, Redmond and Sisters). However, the County maintains approximately 120 miles of urban roadways within Urban Growth Boundaries (UGB). Of the 120 urban road miles the County maintains, Page 14 Staff Report approximately 27 miles are within city limits. An additional 200 miles of roadways (state highway system) are controlled by ODOT. 19. The Plan authorizes expenditures to upgrade the existing road system surrounding the Airport. An Immediate Opportunity Fund (IOF) application has been made for the northbound left turn lane on Powell Butte Highway to Butler Market Road. P. Air transportation With the passage of SB 1113 in 1995, Oregon Department of Transportation (ODOT) is proposing that the County establish an "airport zone" for each of the public use airports in the County to assure the, continuation of airport and airport-related uses there. State Rule Oregon Administrative Rule (OAR) 660-13, was adopted in December 1996 by the Land Conservation and Development Commission (LCDC). In July 1997, the state passed House Bill (HB) 2605 which modified Oregon Statutes regarding airport planning and will have an as yet undetermined effect on OAR 660-13. 1. Public-Use Airports: Publicly-Owned (Municipal) a. Redmond Municipal Airport b. Bend Municipal Airport 20. The Plan relates to the transportation goal to support the Bend Municipal Airport. The Plan would support the current aviation uses and provide opportunities for those to expand. 3. Chapter 23.64: Transportation System Plan In late 1994, the County initiated work on a long-range transportation system plan (TSP), which was a requirement of OAR 660-12, the Transportation Planning Rule (TPR). The State of Oregon approved the Rule in 1991. The purpose of the TSP is to guide the development of a safe, convenient and efficient transportation system that promotes economic prosperity and livability for all County residents. B. The TSP makes recommendations regarding, short-term and long-term transportation projects on state and County facilities that will be needed over the next 20 years. The project list was based on: a. Evaluating the capacity of the County road system and the state highway network within Deschutes County. Page 15 Staff Report b. The results of state accident database analysis. C. Input from the County Road Department. d. Efforts to enhance alternative modes of transportation through compliance with the Transportation Planning Rule. e. The input received from the citizen review committee (County Planning Commission) and the public outreach process in general. 21. The Plan authorizes expenditures to upgrade the existing road system surrounding the Airport. An Immediate Opportunity Fund (IOF) application has been made for the left turn lane on Powell Butte Highway to Butler Market Road. A. 23.64.30 Arterial and Collector Roads. 1. County road Network. The findings in the TSP conclude that the -County road network currently in place, except for several specific road segments, should be adequate to serve the County needs over the next twenty years. Given the rural nature of Deschutes County and the fact that the majority of new development will take place on existing lots with existing access, few additional roads are anticipated. New road corridors to isolated subdivisions and new roads linking urban and rural areas are the main exceptions. Any new roads that will be created most likely will be the result of new developments and would therefore be part of land use development review or would be for secondary access or emergency ingress/egress to isolated subdivisions. Unforeseen large developments such as destination resorts normally have a private road system but their impacts to the County road network would be assessed at the time of land use approval. The majority of road-related projects will consist of safety-related or other upgrades, maintenance and repair. Upgrades, maintenance and repair should be actively pursued to maintain the integrity of the system and not jeopardize the current conditions. Pedestrian, bicycle and transit modes of transportation require wider, smoother roadways. These improvements also benefit automobile and truck traffic by making the roads safer and more efficient. The main purpose of the County-owned road network is to move people and goods as efficiently as possible between and to the incorporated cities in the County, not as a means of increasing urban scale developments in the unincorporated communities of the County. The County recognizes the importance of having a natural and seamless transition of jurisdiction for County roads within urban Page 16 Staff Report growth boundaries to their respective city jurisdictions as the cities continue to grow. a. Goal: Establish a transportation system, supportive of a geographically distributed and diversified industrial base, while also providing a safe, efficient network for residential mobility and.tourism. b. Policies: 1. Deschutes County shall: a. Consider the road network to be the most important and valuable component of the transportation system; and b. Consider the preservation and maintenance and repair of the County road network to be vital to the continued and future utility of the County's transportation system. 2. County roads. Several roads within the rural areas of the County road network are in need of reclassification. a. Upgrade Functional Class - Rural Local to Rural Collector b. Nelson Road from Waugh Rd. to Powell Butte Highway. 22. The Plan authorizes expenditures to upgrade the existing road system surrounding the Airport. An Immediate Opportunity Fund (IOF) application has been made and a grant is being issued for the northbound left turn lane on Powell Butte Highway to Butler Market Road. The Plan activities will not alter any road classifications. I : B. 23.64.200 Airports The continued operation and vitality of airports registered, licensed or otherwise recognized by the Department of Transportation is a matter of State and County concern. There are currently 18 registered airports in Deschutes County. Four of these are public use airports; two of which, Bend Municipal and Redmond Municipal- Roberts Field are publicly owned while Sisters Eagle Air and Sunriver airports are privately owned. These airports have improved (paved) runways, and offer a range of services, from the availability of commercial passenger flights arriving and departing daily at Page 17 Staff Report Redmond Municipal Airport, to the Sisters (Eagle Air) Airport which offers no services or runway navigational aids. The Redmond Airport, which is located completely within the City limits of Redmond, is owned and controlled by the City of Redmond. It has a master plan, which was updated in 1998 and adopted by the City. The Plan guides the future land use(s) at the airport. The Master Plan includes an inventory of existing facilities, land uses, aviation forecasts, a demand/capacity analysis, airport layout plan and a development program. Unlike the Redmond Airport, the Bend Municipal Airport is located outside the Bend City limits and Urban Growth Boundary (UGB), therefore the County has land use jurisdiction over it. In order to guide airport land uses, the County adopted and utilizes the 1994 Bend Municipal Airport Master Plan, as amended in 2002 the "Supplement to 1994 Airport Master Plan" incorporated by reference herein. This is the guiding document for airport planning and development. This document incorporates a range of facility improvements for the Bend Municipal Airport over the 20-year planning horizon (2021), including short, intermediate, and long-term projects to improve safety and function at the airport. Currently, LCDC has administrative regulations (OAR 660-13) which were adopted in 1996. These regulations apply to airports that, in 1994, were the base for three or more aircraft. However, with the passage of HB 2605, the regulations were revised by the 1997 Oregon Legislature, which will require LCDC to update-the rules to incorporate the changes made by the Legislature. For purposes of this TSP, the County will not alter current land use regulations in response to the current regulations (OAR 660-13) which have been revised by the Oregon Legislature. While the content of the new regulations is not yet known, the County policy shall be to develop ordinances to comply with the new regulations once they are adopted by LCDC. The Plan relates to these goals and policies in the following ways: GOALS Protect the function and economic viability of the existing public-use airports, while ensuring public safety and compatibility between the airport uses and surrounding land uses for public use airports and for private airports with three or more based aircraft. 23. The. Plan relates to this goal by providing infrastructure and safety improvements specified in Section IV of the Plan. Page 18 Staff Report POLICIES a. Deschutes County shall protect public-use airports through the development of airport land use regulations. Efforts shall be made to regulate the land uses in designated areas surrounding the Redmond, Bend, Sunriver and Sisters (Eagle Air) airports based upon adopted airport master plans or evidence of each airports specific level of risk and usage. The purpose of these regulations shall be to prevent the installation of airspace obstructions, additional airport hazards, and ensure the safety of the public and guide compatible land use. For the safety of those on the ground, only limited uses shall be allowed in specific noise impacted and crash hazard areas that have been identified for each specific airport. Protecting the privately owned, private-use airports, with three or more based aircraft, will be accomplished by development of specific land use regulations for these types of airports. The function and ...:economic vitality of privately owned, private-use airports with two or fewer based aircraft will also be accomplished through land use planning. Each airport's specific level of risk and usage shall be used to guide the continued safe aeronautical access to and from these airports considering the type of aircraft approved to use the airfield. b. Deschutes County shall: 1. Continue to recognize the Redmond (Roberts Field) Airport as the major commercial/passenger aviation facility in Deschutes County and an airport of regional significance. Its operation, free from conflicting land uses, is in the best interests of the citizens of Deschutes County. Incompatible land uses shall be prohibited on the County lands adjacent to the airport; 2. Cooperate with the cities of Bend, Redmond and Sisters in establishing uniform zoning standards, which will prevent the development of hazardous structures and incompatible land uses around airports; .3. Through adoption of appropriate zoning restrictions, take steps to ensure that any proposed uses shall not impact airborne aircraft because of height of structures, smoke, glare, lights which shine upward, radio interference from transmissions or any water impoundment's or sanitary landfills which would create potential hazards from waterfowl to airborne aircraft; Page 19 Staff Report 4. Through adoption of appropriate zoning restrictions, allow land uses around public-use airports that will not be adversely affected by noise and safety problems and will be compatible with the airports and their operations; 5. Work with, and encourage airport sponsors to work with the Federal Aviation Administration (FAA) to enforce FAA- registered flight patterns and FAA flight behavior regulations to protect the interests of County residents living near airports. 6. Adopt zoning restrictions to ensure that developments in the airport approach areas will not be visually distracting, create electrical interference or cause other safety problems for aircraft or persons on the ground. In addition, efforts shall be made to minimize population densities and prohibit places of public assembly in the approach areas; 7. Continue efforts to prevent additional residential encroachment within critical noise contours or safety areas without informed consent; 8.... Specifically designate any proposed airport facility relocations or expansions within County jurisdiction on an airport master plan or airport layout plan map, as amended, and establish the appropriate airport zoning designation to assure a compatible association of airport growth with surrounding urban or rural development; 9. Maintain geographic information system (GIS) mapping of the Airport Safety Combining Zones and provide timely updates; 10. For those airports in Deschutes County without adopted master plans, the County shall, as a minimum, base any land use decisions involving airports on LCDC airport regulations, upon adoption of those regulations by LCDC, which implement HB 2605; 11. Participate in and encourage the County-adoption of airport master plans for all public use airports and at least an airport layout plan for the remaining ODOT-recognized airfields in Deschutes County; 12. Encourage appropriate federal, state and local funding for airport improvements at public-owned airports; and 13. Discourage future development of private landing fields when they are in proximity to one another, near other public airports and potential airspace conflicts have been Page 20 Staff Report determined to exist by the Federal Aviation administration (FAA) or ODOT Aeronautics. (Ord. 2003-035 §1, 2003; Ord. 2002-005 §1, 2002; Ord. 2000-017 §1, 2000; Ord. 98-044,1998) 24. The Plan relates to the Transportation Systems Plan's goals and policies for the Bend Municipal Airport. It implements the existing Airport Master Plan and provides for updating the Master Plan. It provides strategies for protecting the airport and surrounding uses in the critical noise contours. It proposes development within the confines on the existing zoning for the area. .3. Chapter 23.68: Public Facilities and Services In a County growing as fast as Deschutes County the provision of public services is a major issue. Adequate services at the right locations are the result of planning, hard work and money. The present growth rate has exceeded the previous plans and hard work by local governments has not always been able to keep up with the demand, especially since there is a growing reluctance to pay the higher taxes it takes to obtain the public services. In addition, the scattered low-density development that has occurred in some places is so inefficient in supplying services that the needed facilities are excessively expensive or completely unprofitable. The Plan relates to Chapter 23.68 Public facilities in the following ways: E. Fire Perhaps the public service most often forgotten is fire protection. In many areas of the County no fire agency is responsible for fires which occur. To solve this problem fire districts are often formed in rural areas or fire protection contracts signed with fire protection agencies. However, even when fire districts do exist the annexation of new developments may take over a year and in the past the Bend Fire District has had to put a moratorium on any new annexations because of facility shortages. Many people assume protection is available from Federal or State agencies, but these offices have no authority or responsibility on private lands. Usually they are not trained to fight structure fires, and in the winter their firefighting equipment is drained and stored away. As the County continues to grow many firefighting agencies are becoming increasingly concerned about the lack of proper controls to reduce fires in subdivisions, the inadequacy of firefighting equipment and training, and the need for more cooperation and mutual aid agreements between the various agencies. Proper planning and subdivision control is seen as critical in dealing with the situation. Page 21 Staff Report GOALS To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as framework for urban and rural development, and thereby a system or plan that coordinates the type, location and delivery of public facilities and services in a manner that best supports the existing and proposed land uses. POLICIES 1. General a. Public facilities and services shall be provided at levels and in areas appropriate for such uses based upon the carrying capacity of the land, air and water, as well as the important distinction that must be made between urban and rural services. In this way public services may guide development while remaining in concert with the public's needs. c.. Future development shall depend on the availability of adequate local services in close proximity to the proposed site. Higher densities may permit the construction of more adequate services than might otherwise be true. Cluster and planned development shall be encouraged. A. Deschutes County shall coordinate with the cities and other service providers in urban areas to assure that all urban services are provided in an equitable manner and construction phased, based upon the time required to provide the service, the reliability of the service, the financial cost, and the levels of service needed. All services shall be provided consistent with the provisions of all other required services. 6. Fire a. Land for a fire station shall be dedicated in large developments. b. Fire stations should be built in an architectural style that will blend into the area of location. 25. The Plan relates to the goal to provide public services by including funding for the future development of a fire sub-station to serve both the Airport and surrounding areas. Financing for Fire station services from the Plan can include only capital expenditures. Page 22 Staff Report 4. Chapter 23.72: Recreation GOALS 1. To satisfy the recreational needs of the residents of and visitors to Deschutes County. 2. To maximize utilization of economic and personnel resources through increasing intergovernmental and public-private cooperation in the provision of recreation facilities and services. 26. The Plan relates to the recreation goal by supporting the aviation uses at the Airport, recognizing that many of those uses are for recreation purposes. The Plan would support the current aviation uses and provide opportunities for those to expand. 5. Chapter 23.88: Agricultural Lands GOAL A. To preserve and maintain agricultural land. 27. The Plan relates to the Agricultural Lands goal as there is EFU property in the Area. The Plan includes some EFU zoned property on which a portion of the property is in the 65 dBA DNL DNL noise contour. The property is included in the Area to allow the future acquisition of the property to both protect the airport and to minimize impact on adjacent uses which is an airport-related use. Because the County is using the Supplement to "guide airport land uses," and the Supplement states that the property which is within the Ldn65 contour .shall be considered committed for airport-related or accessory commercial or industrial uses including the property which is within the Ldn65 contour in the Area is in conformance with the Comprehensive Plan. Although not all of each EFU parcel is within the Ldn65 contour, urban renewal best practice is to follow property lines for an urban renewal Area boundary because this eliminates the necessity for a field survey of the Area boundary. It also informs a property owner of the Agency's intended future use of the property and reduces the possibility of creating a divided, uneconomic remaining parcel. The Plan supports the 1994 Bend Municipal Airport. Master Plan and 2002 Bend Municipal Airport Master Plan Planning Update by including Ldn 65 noise contour properties identified in the Plan Update. Until such time that acquisition is completed, the Plan will not interfere with the present use of the parcels. A LCDC Goal 2 Page 23 Staff Report Exception would be taken prior to the time of placement of airport related uses on the EFU properties. 6. 23.124: Citizen Involvement GOALS A. To promote and maintain better communication between the community's various segments (i.e., governmental agencies, business groups, special districts and the general public). .B. To provide the opportunity for the public to identify issues of concern and encourage their involvement in planning to addresses those issues. 28. The Plan relates to the citizen involvement goal. There will be public input on the Plan through public meetings in the adoption process. C. 1994 Bend Municipal Airport Master Plan Update and 2002 Supplement to the 1994 Bend Municipal Airport Planning Update PURPOSE The Bend Municipal Airport Master Plan Update (Master Plan) was developed in 1994 to examine the needs at the Airport and provide guidance for airport development for the next 20 years. The 2002 Supplement to the Bend Municipal Airport Planning Update (Supplement) documents updates changes in facilities, activity and facility needs that have occurred since the Master Plan was last updated. By adoption of Ordinance No. 2003-035, effective January 1, 2004, Deschutes County incorporated the 9994 Bend Municipal Airport Master Plan, as amended in 2002 by the Supplement to 1994 Airport Master Plan. Deschutes County Comprehensive Plan §23.64.200. 29. The Plan relates to the Bend Airport Master Plan by implementing planned improvement projects identified in the Master Plan and the Supplement. It also provides for the completion of a new Master Plan. Supplement Chapter 1 of the Supplement, Inventory, quotes Policy 27 of the Transportation Element of the Comprehensive Plan applicable to the Bend Airport: "27(a). The Bend Municipal Airport will grow along with the rest of Deschutes County, and the following additional policies shall apply Page 24 Staff Report to the properties shown on the components of the airport overlay- zones within the area of average Ldn 65 contour (substantial impact area): "1. Property within the average Ldn 65 contour (substantial impact area) shall be considered committed for airport-related or accessory commercial or industrial uses. At such time as an exception to LCDC Goal 2 (Agricultural Lands) is taken, such properties shall be available to be rezoned to A-D Airport Development, provided public need is demonstrated for the exception, in accordance with LCDC Goal 2 (Land Use Planning) and public need is demonstrated for the zone to be placed upon the property.... The current version of the County's Comprehensive Plan, and the Transportation Element, has been revised since the Supplement was drafted in 2002. Policy #27 is not in the current County Comprehensive Plan. Nonetheless, the Supplement still remains part of the Comprehensive Plan by reference. DCC 23.64.200 states, "In order to guide airport land uses, the County adopted and utilizes the 1994 Bend Municipal Airport Master Plan, as amended in 2002 the "Supplement to 1994 Airport Master Plan" incorporated by reference herein. This is the guiding document for airport planning and development." 30. The Plan includes some EFU zoned property on which a portion of the property is in the 65 dBA DNL noise contour. The property is included in the Area to allow the future acquisition of the property to both protect the airport and to minimize impact on adjacent uses which is an airport-related use. Because the County is using the Supplement to "guide airport land uses," and the Supplement states that the property which is within the Ldn65 contour shall be considered committed for airport-related or accessory commercial or industrial uses including the property which is within the Ldn65 contour in the Area is in conformance with the Comprehensive Plan. Although not all of each EFU parcel is within the Ldn65 contour, urban renewal best practice is to follow property lines for an urban renewal Area boundary because this eliminates the necessity for a field survey of the Area boundary. It also informs a property owner of the Agency's intended future use of the property and reduces the possibility of creating a divided, uneconomic remaining parcel. The Plan supports the 1994 Bend Municipal Airport Master Plan and 2002 Bend Municipal Airport Master Plan Planning Update by including Ldn 65 noise contour properties identified in the Plan Update. Until such time that Page 25 Staff Report acquisition is completed, the Plan will not interfere with 'the present use of the parcels. An LCDC Goal 2 Exception would be taken prior to any airport related uses on the property. D. Deschutes County Planning Code PURPOSE A. The intent or purpose of DCC Title 18 is to promote the public health, safety and general welfare and to carry out the Deschutes County Comprehensive Plan, the provisions of ORS 215 and the Statewide Planning Goals adopted pursuant to ORS 197. DCC Title 18 is to establish zoning districts and regulations governing the development and use of land within portions of Deschutes County, Oregon; B. To provide regulations governing nonconforming uses and structures; to establish and provide for the collection of fees; to provide for the administration of DCC Title 18 and for the officials whose duty it shall be to enforce the provisions thereof; to provide penalties for the violations of DCC Title 18; and to provide for resolution of conflicts; C. To regulate the placement, height and bulk of buildings; and the placement and growth of vegetation within the County to ensure access to solar energy by reasonably regulating interests in property within the County, as authorized under ORS 215.044 and ORS 105.880 through 105.890, to promote and maximize the conservation of energy by preserving the option to utilize solar energy and to implement the Comprehensive Plan polices relating to solar energy; and D. To encourage the design of new buildings, structures and developments which use solar energy and protect future options to use solar energy by protecting solar access. The Plan relates to the Deschutes County Planning Code in the following ways: 1. Chapter 18.16: Exclusive Farm Use PURPOSE A. The purpose of the Exclusive Farm Use zones is to preserve and maintain agricultural lands and to serve as a sanctuary for farm uses. B. The purposes of this zone are served by the land use restrictions set forth in the Comprehensive Plan and in DCC 18.16 and by the restrictions on private civil actions and enforcement actions set forth in-ORS 30.930 through 30.947. 31. The Plan includes some EFU zoned property on which a portion of the property is in the 65dBA DNL noise contour. The property is included in the Area to Page 26 Staff Report allow the future acquisition of the property to both protect the airport and to minimize impact on adjacent uses which is an airport-related use. The 2002 Supplement to the Master Plan contemplates acquisition of this property by the City. Until that acquisition and an LCDC Goal 2 Exception, no projects would occur on these parcels which would interrupt their present use as EFU zoned properties. 2. Chapter 18.76: Airport Development Zone PURPOSE The purpose of the Airport Development (AD) Zone is to allow for development compatible with ongoing airport use consistent with the Deschutes County Year. 2000 Comprehensive Plan and the 1994 Bend Airport Master Plan Update (as amended by a 2002 supplement), while providing for public review of proposed development likely to have significant impact on surrounding lands. The AD Zone is composed of three separate zoning districts, each with its own set of allowed uses and distinct regulations, as further set forth in DCC 18.76. The Plan relates to the following sub chapters of the Airport. Development Zone in the following ways: Airfield Operations District (AOD) Uses Permitted Outright. The following uses and their accessory uses are permitted outright: A. Runway, taxiway, service road, fuel storage and sales and emergency repair. B. Facilities approved or mandated by the FAA or Oregon State Aeronautics Division specifically supporting airport operations. (Ord. 2003-036 §2, 2003) 32. The Plan relates to the AOD zone as Plan projects including runway and taxiway improvements within this zone are permitted uses. Aviation Support District (ASD) Uses Permitted Outright. The following uses and their accessory uses are permitted outright: A.,. Runway, taxiway, service road, fuel storage and sales and emergency repair. B. Facilities approved or mandated by the FAA or Oregon State Aeronautics. Division. Page 27 Staff Report C. Related uses which are customarily appurtenant to airports, including but not limited to hangars, tie-down areas and parking facilities. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit: A. Restaurants, which may include a bar or cocktail lounge as an accessory use. One restaurant per airport. Restaurants, including any accessory use, are to be 2,500 square feet or less in size. B. Airport or aviation-related businesses that benefit from an on-airport location. (Ord. 2004-013 §8,..2004; Ord. 2003-036 §2, 2003) 33. The Plan relates to the ASD zone as projects within this zone are permitted uses. Aviation-Related Industrial District (ARID) Uses Permitted Outright. The following uses and their.accessory uses are. permitted outright: A. Runway, taxiway, service road, fuel storage and sales and emergency repair. B. Facilities approved or mandated by the FAA or Oregon State Aeronautics Division. C. Related uses which are customarily appurtenant to airports, including but not limited to hangars, tie-down areas and parking facilities. D. Airport or aviation-related commercial or industrial businesses that benefit from an on-airport location 34. The Plan relates to the ARID zone as projects within this zone are permitted uses. 3. Chapter 18.80: Airport Safety Combining. Zone Imaginary Surface and Noise Impact Boundaries For the Redmond, Bend, Sunriver, and Sisters airports, the airport elevation, the airport noise impact boundary, and the location and dimensions of the runway, primary surface, runway protection zone, approach surface, horizontal surface, conical surface and transitional surface shall be delineated for each airport subject to this overlay zone and shall be made part of the official Zoning Map. All lands, waters and airspace, or portions thereof, that are located within these boundaries Page 28 Staff Report (including direct and secondary impact boundaries) or surfaces shall be subject to the requirements of this overlay zone. Height Limitations All uses permitted by the underlying zone shall comply with the height limitations in DCC 18.80.028. When height limitations of the underlying zone are more restrictive than those of this overlay zone, the underlying zone height limitations shall control. [ORS 836.619; OAR 660-013-0070] A. Except as provided in DCC 18.80.028(B) and (C), no structure or tree, plant or other. object of natural growth shall penetrate an airport imaginary surface. [ORS 836.619; OAR 660-013-0070(1)] B. For areas within airport imaginary surfaces but outside the approach and transition surfaces, where the terrain is at higher elevations than the airport runway surfaces such that existing structures and permitted development penetrate or would penetrate the airport imaginary surfaces, a local government may authorize structures up to 35 feet in height. C. Other height exceptions or variances may be permitted when supported in writing by the airport sponsor, the Department of Aviation and the FAA. Applications for height variances shall follow the procedures for other variances and shall be subject to such conditions and terms as recommended by the Department of Aviation and the FAA (for Redmond, Bend and Sunriver.) 35. The Plan relates to the Airport Safety Combining zone as projects within this zone are permitted uses. Bend Municipal Airport Bend Municipal Airport is a Category 2, Business or High Activity General Aviation Airport. The 5,200 foot long by 75 foot wide paved runway is located at an elevation is 3,456 feet. Imaginary surface dimensions for the Bend Airport are based on planned improved operational characteristics, and an upgrade from a "utility" to "other than utility" runway, but do not reflect any planned extension to the existing runway. A. Primary Surface: For Bend, the primary surface is 500 feet wide by 5,405 feet long. B. Runway Protection Zone (RPZ): Both Runway #16 and #34 have, or are proposed to have non-precision approaches. Both RPZs begin 200 feet off the ends of the runway. The non-precision RPZs form 500 foot wide by 1,700 foot long by 1,010 foot wide trapezoids. C. Approach Surface: The non-precision approach surfaces are 500 feet wide by 10,000 feet long by 3,500 feet wide, with an upward approach slope ratio of 34:1 (one-foot vertical for each 34 feet horizontal). Page 29 Staff Report D. Horizontal Surface: The surface boundary is comprised of connected arcs drawn 10,000 feet outward and centered on the ends of the primary surface. The height of the horizontal surface for the Bend Airport is 3,603 feet. Land Use Compatibility Applications for land use or building permits for properties within the boundaries of this overlay zone shall comply with the requirements of DCC 18.80 as provided herein. When compatibility issues arise, the Planning Director or Hearings Body is required to take actions that eliminate or minimize the incompatibility by choosing the most compatible location or design for the boundary or use. Where compatibility issues persist, despite actions or conditions intended to eliminate or minimize the incompatibility, the Planning Director or Hearings Body may disallow the use or expansion, except where the. action results in loss of current operational levels and/or the ability of the airport to grow to meet future community needs. Reasonable conditions to protect the public safety may be imposed by the Planning Director or Hearings Body. [ORS 836.619; ORS 836.623(1); OAR 660- 013-0080] A. Noise Within airport noise impact boundaries, land uses shall be established consistent with the levels identified in OAR 660, Division 13, Exhibit 5 (Table 2 of DCC 18.80). Applicants for any subdivision or partition approval or other land use approval or building permit affecting land within airport noise impact boundaries, shall sign and record in the Deschutes County Book of Records, a Declaration. of Anticipated Noise declaring that the applicant and his successors will not now, or in the future complain about the allowed airport activities at the adjacent airport. In areas where the noise level is anticipated to be at or above 55 Ldn, prior to issuance of a building permit for construction of a noise sensitive land use (real property normally used for sleeping or as a school, church, hospital, public library or similar use), the permit applicant shall be required to demonstrate that a noise abatement strategy will be incorporated into the building design that will achieve an indoor noise level equal to or less than 55 Ldn. [NOTE: FAA Order 5100.38A, Chapter 7 provides that interior noise levels should not exceed 45 decibels in all habitable zones.] B. Outdoor lighting No new or expanded industrial, commercial or recreational use shall project lighting directly onto an existing runway or taxiway or into existing airport approach surfaces except where necessary for safe and convenient air travel. Lighting for these uses shall incorporate shielding in their designs to reflect light away from airport approach surfaces. No use shall imitate airport lighting or impede the ability of pilots to distinguish between airport lighting and other lighting. C. Glare Page 30 Staff Report No glare producing material, including but not limited to unpainted metal or reflective glass, shall be used on the exterior of structures located within an approach surface or on nearby lands where glare could impede a pilot's vision. D. Industrial emissions No new industrial, mining or similar use, or expansion of an existing industrial, mining or similar use, shall, as part of its regular operations, cause emissions of smoke, dust or steam that could obscure visibility within airport approach surfaces, except upon demonstration, supported by substantial evidence, that mitigation measures imposed as approval conditions will reduce the potential for safety risk or incompatibility with airport operations to an insignificant level. The review authority shall impose such conditions as necessary to ensure that the use does not obscure visibility. E. Communications Facilities and Electrical Interference No use shall cause or create electrical interference with navigational signals or radio communications between an airport and aircraft. Proposals for the location of new or expanded radio, radiotelephone, and television transmission facilities and electrical transmission lines within this overlay zone shall be coordinated with the Department of Aviation. and the FAA prior to approval. Approval of cellular and other telephone or radio communication towers on leased property located within airport imaginary surfaces shall be conditioned to require their removal within 90 days following the expiration of the lease agreement. A bond or other security shall be required to ensure this result. F. Limitations and Restrictions on Allowed Uses in the RPZ, Approach Surface, and Airport Direct and Secondary Impact Areas For the Redmond, Bend, Sunriver, and Sisters airports, the land uses identified in DCC 18.80 Table 1, and their accessory uses, are permitted, permitted under limited circumstances, or prohibited in the manner therein described. In the event of conflict with the underlying zone, the more restrictive provisions shall control. As used in DCC 18.80.044, a limited use means a use that is allowed subject to special standards specific to that use. 36. The. proposed Plan relates to the general objectives and specific development standards prescribed for each of these zoning districts. The Plan does not propose any uses which would be in conflict with the Airport. It proposes an acquisition program which would eliminate the current conflict of having residences in a 65 dBA DNL noise contour. The Plan will support the development of underdeveloped aviation land, thereby providing employment opportunities, which will in turn encourage aviation related development on adjacent parcels. Page 31 Staff Report E. FAA Policy on Property Acquisition In a US Department of Transportation Federal Aviation Administration Brochure Land Acquisition for Public Airports "How and Why your Local Government Acquires Real Property for Public Airports" there is the following policy statement about acquisition of properties. The brochure is in reference to Public Law 91-646 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which, was signed into law and made effective on January 2, 1971. This document in full can be found at: http://www.faa.gov/airports_airtraffic/airports/environmental/relocation ass istance/ Can The Airport Owner Take Only A Part Of Your Property? Yes. However, if the acquisition of your property reduces the value of the remainder, you will be compensated for such reduction in value. Occasionally, a project or action will increase the value of a remaining parcel. When this occurs, generally no reduction is made from the purchase price of the parcel acquired by the airport owner; however, the determination of damages and/or benefits to the remainder depends on the provision of the State law in which the property is located. If the acquisition of a portion of your property leaves an "uneconomic remnant," the =Uniform Act requires that the airport owner offer to acquire the remnant at its fair market value. What Is An Uneconomic Remnant? An "uneconomic remnant" is that portion of a property remaining ;after acquisition, the retention of which provides little utility or economic benefit to the.,owner. This can result from difficulty of access, a changed highest and best use, remoteness, or other reasons which burden the owner with expenses and responsibilities not commensurate with the benefit of keeping the remaining remnant. 37. The Plan relates to this policy by authorizing purchase of entire parcels of. land instead of portions of parcels so as to eliminate any controversy about leaving an uneconomic remnant. Page 32
