2014-531-Ordinance No. 2014-026 Recorded 11/3/2014 REVIEWED
DESCHUTES COUNTY OFFICIAL RECORDS CJ 2014.531
NANCY BLANKENSNIP, COUNTY CLERK d
LEGAL COUNSEL COMMISSIONERS' JOURNAL 11/03/2014 08:81:45 AM
111) I �
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18,the Deschutes
County Zoning Map to Add the Zoning Districts * ORDINANCE NO. 2014-026
for the Bend Airport and Declaring an
Emergency.
WHEREAS, the City of Bend filed an application to amend Title 18, the Deschutes County Zoning
Map,to add Bend Airport zoning districts; and
WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on
August 28, 2014, before the Deschutes County Planning Commission and, on that date the Planning
Commission recommended approval of the zone change; and
WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on
October 27, 2014, before the Board of County Commissioners("Board"); and
WHEREAS, the Board considered this matter and concluded the public will benefit from AO, AS, and
ARID uses being mapped as was originally intended in 2003; now,therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Title 18, Zoning Map, is amended to add the zone designations for
certain property described in Exhibit "A" and depicted on the map set forth as Exhibit "B", with both exhibits
attached and incorporated by reference herein,
Section 2. FINDINGS. The Board adopts as its findings in support of this decision Exhibit "C",
attached and incorporated by reference herein.
///
PAGE 1 OF 2-ORDINANCE NO.2014-026
Section 3. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace,health and safety, an emergency is declared to exist,and this Ordinance takes effect on its passage.
Dated this 71 thP/L—,2014 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
C=M •
TAMMY BA' , •, Chair doi
alA41400#
ANTHONY DEBONE, Vice Chair
ATTEST:
Cato& ()LI-A-
Recording Secretary ALAN UNGER, Commissioner
Date of l st Reading: 2-74---:‘
/ day of (0 ,2014.
Date of 2nd Reading:e9- day of (...0 CL - , 2014.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Anthony DeBone
Alan Unger
Tammy Baney
Effective date:�7 day of 6)(21-- , 2014..
PAGE 2 OF 2-ORDINANCE NO.2014-026
EXHIBIT A
The south half of the southwest quarter of the northwest quarter of Section 17, Township
17 South, Range 13 East, Willamette Meridian, Deschutes County, Oregon;
The southwest quarter of Section 17, Township 17 South, Range 13 East, Willamette
Meridian, Deschutes County, Oregon; and
The northwest quarter of Section 20, Township 17 South, Range 13 East, Willamette
Meridian, Deschutes County, Oregon.
EXHIBIT A to ORDINANCE 2014-026
/"
f/
__ r�--- ._._
.
di+ r 'I
•it4itk i 1
n a` 3c i Id,I
T � >• nl fVr 1 d9 I�1
''"��y3q F .' 1 1 i 11
..1� �Yr^, +., d 4 1{ III ! I d 1 d ' 16,.1 l4
f y � r i cl i ;li atJ ly'`9 ,a' 1 i t:
wF i royl'j ,, P i pass, 4 Il aau.
yr } '" §, �,;, I 'A 4t N $i
+ 'i 11 r + " i v t da Pd h i;,?:i'P7 I)ii
Z 1 P es ¢''',,,;,,I.' b fl F(I h I I' {, I A 1 ,, Il l%•,....� z I,�y�''+F x t$. . 1 ri{�ri ryl 2 1. I'1,,,;',,,J i " i 9 fi`; g c1,„ I,,;
I N,C71 tiT3 t tJa" I ^4i 110 f I 'I ,,Ai.,, 1,f,,,,,,;„',;;,,,,,,:,,,;,„I { N.eI
— PARKER IN kh x i % r aij !r I!r I r r s 1i
w ' d 1* .tn e p fli"i ill f ! III I�iw l4rlil f`tI(d!d lii l,.I,1"ti I.,J¢I,", (!il!��r f�!�i
I— ,f ...t''',7;.,/r,",,,,,:,:'.; a�" 1:' �,11 11�„I s ` & lild f�I' ,�h
S,P;r,' i' , ' ? 0,14 f y`wt, 1 1 Il r.i 141'''6 1r'I.•
�y l ry t ,, �I, i ( ,,
J � {d1 i f
\ / u 1 F i}1 .c"R,� .*yl�. a3. ', i A r rCIS I 11 f i r IdIFS f i 's �i aIj
\ /' it a it II d 5'11j1 fGw9 I�� lV•\ r , (( Is,s 1 •J }I'il t (flr�rl x ,lih
dr 1,� reti „.gtr C f �iul f I Dili ;' 1 S I l i u
C. PO 1pa 1 ip' W 'Kk y ,' r ,, n 1 f li....
-- ,xn Ot II11 1 I i
- ._,........_BUTLER MARKET RD ��.. 1 --- ------- m. I.u«..
"777 PEACOCK LN
O '�lisl#fill'ill I I Ilir Ill�i� 11,
0.
/r Q ij l! 1
—
O k
1
—=
s
co... I. ._ .._ i _.. . -- w -
•
a 1
0.r
{, .
J
i - — NELSON PL - `=NELSON
( ,
I
J 1 N
1 U
__..._. __.__.�.....1 j' Q
i F
... .,.. I i .. .. .i......... ... ._..._.__ ._ .._.—,.... ........
I
ill I ,.-'1 I
ZONING MAP BOARD OF COUNTY COMMISS14NERS
OF• S H TES COUNTY,OREGON
=Airport Development Boundary i1
AOD Airfield Operations District City of Bend �h-•
Tam =ate
ARID-Aviation Related Industrial District ��! �A A'II '
Exhibit"B"
Antho y DeBone,Vice Chair
ASD-Aviation Support District to Ordinance 2014-026 �V/1M
County Zoning Alan¢Unger,Commissio T
EFUAL-Alfalfa Subzone t 1)11 .-- (�
EFUTRB-Tumalo/Redmond/Bend Subzone 0 zso 500 1,000 1,500 ATTEST Recording Secretary
Feet Dated this'117 day of October,2014
Zi
MUA10-Multiple Use Agricultural kroner n,2014 Effective Date: October ,2014
Findings of the Board of County Commissioners
FILE NUMBER: File 247-14-000156-ZC
APPLICANT: City of Bend
710 NW Wall St.
Bend, OR 97701
PROPERTY OWNERS: City of Bend
REQUEST: Rezone to amend zoning map for Bend Municipal Airport to identify
boundaries of Airfield Operations (AO), Aviation Support (AS), and
Airport-Related Industrial District (ARID) in Chapter 18.76
STAFF CONTACT: Peter Russell, Senior Transportation Planner
I. APPLICABLE CRITERIA:
Title 18, Deschutes County Zoning
Title 22, Deschutes County Development Procedures Ordinance
Title 23, Deschutes County Comprehensive Plan
Deschutes County Transportation System Plan (Section 3.7 of Comprehensive Plan)
Statewide Planning Goals
Transportation Planning Rule (Oregon Administrative Rule 660-012)
Airport Planning Rule (Oregon Administrative Rule 660-013)
II. BASIC FINDINGS:
A. PROPOSAL: The applicant requests adoption of a zoning map for the Bend Municipal
Airport to reflect the zones listed in Deschutes County Code (DCC) 18.76 (Airport-
Development), specifically 18.76.070 through 18.76.090. The zones and the map were
thought to have been originally adopted by the County in Board of County Commissioner
(BOCC) Ord. 2003-036. A procedural defect was discovered in March 2014 which
revealed while the text for the Airfield Operations (AO), Aviation Support (AS), and
Airport Related Industrial District (ARID) zones was properly adopted, the zoning map
was not. This proposal corrects the procedural error and re-establishes the spatial
boundaries of the AO, AS, and ARID zones.
B. Land Use History
The Bend Municipal Airport was established in 1942, approximately three decades prior to the
Statewide planning system. With the rise of the Oregon planning program, the Bend Airport
was located on lands zone for agriculture under the County Comprehensive Plan and Exclusive
Farm Use (EFU) under the County's zoning code.
Page 1 of 23- EXHIBIT C TO ORDINANCE 2014-026
In 1980 the County received an exception from Goal 3 (Agriculture) for the Bend Airport which
was implemented by BOCC Ord. 80-222 and a zoning map for the Bend Airport's 340 acres was
adopted in 1982 via BOCC Ord. 82-031. The zoning map was consistent with the 1979 Bend
Airport Master Plan (BAMP).
The BAMP was updated by the City in 1994 and again in 2002. In 2003 the County adopted the
2002 BAMP and revised the uses allowed at the airport under 18.76 (Airport Development) zone
to add Airport Operations (AO), Aviation Support (AS), and Airport Related Industrial District
(ARID) to be consistent with the 2002 BAMP and updated the zoning maps. These were
accomplished via BOCC Ords. 2003-035 and 2003-036. The remainder of the A-D zone was
for non-aviation uses.
In March 2014, City and County staff discovered a scrivener's error for the A-D zone and a
procedural defect in the 2003 adoption of the zoning maps for 18.76. The scrivener's error
occurred during the County's transition from paper to electronic maps. A digitizing error
inadvertently moved the northern boundary of the A-D zone to the south.
In the 2003 adoption of the new text for 18.76, the previous AD zone was repealed in its entirety
and replaced with new language and maps. The aviation uses fell under the AO, AS, and ARID
zones. The new AD zoning map was an attachment to the staff report rather than being a
specifically adopted exhibit. The result was the proposed AD zoning map was not officially
adopted. Without the AO, AS, and ARID uses being mapped, development allowed outright or
conditionally under those zones cannot be approved. The only uses now allowed at the Bend
Airport are those listed under the AD zone, which ironically includes no aviation uses.
The City filed a land use application, File 247-14-000156-ZC, on June 4, 2014, to correct the
scrivener's error and the procedural defect of AD zoning map. The file is incorporated by
reference.
III. CONCLUSIONARY FINDINGS:
A. CHAPTER 18.136, AMENDMENTS
1. Section 18.136.010.
18.136.010. Amendments.
DCC Title 18 maybe amended as set forth in DCC 18.136. The procedures
for text or legislative map changes shall be as set forth in DCC 22.12. A
request by a property owner for a quasi-judicial map amendment shall be
accomplished by filing an application on forms provided by the Planning
Department and shall be subject to applicable procedures of DCC Title 22.
FINDING: This is a map change only. The City is the property owner for the Bend Airport and
submitted the required forms. This application is for a legislative map amendment and is being
processed under the procedures of DCC Title 22. The Board finds this criterion is met.
2. 18.136.020. Rezoning Standards.
The applicant for a quasi-judicial rezoning must establish that the public
interest is best served by rezoning the property. Factors to be
demonstrated by the applicant are:
Page 2 of 23- EXHIBIT C TO ORDINANCE 2014-026
A. That the change conforms with the Comprehensive Plan, and the change
is consistent with the plan's introductory statement and goals.
B. That the change in classification for the subject property is consistent
with the purpose and intent of the proposed zone classification.
C. That changing the zoning will presently serve the public health, safety
and welfare considering the following factors:
1. The availability and efficiency of providing necessary public
services and facilities.
2. The impacts on surrounding land use will be consistent with the
specific goals and policies contained within the Comprehensive
Plan.
D. That there has been a change in circumstances since the property was
last zoned, or a mistake was made in the zoning of the property in
question.
FINDING: The application is being processed as a legislative amendment as, while the City of
Bend is the single property owner, there are multiple tax lots involved (17-13-17, TL 200; 17-13-
20, TL 200 and 202). The application corrects a mapping error made in 2003 and discovered in
March 2014. That 2003 zoning map was intended to implement the 2002 Bend Airport Master
Plan's land use component that was found at that time to comply with the Deschutes County
Comprehensive Plan and the Statewide Planning Goals. Neither BOCC Ord. 2003-035, which
amended the County's Comprehensive Plan, nor BOCC Ord. 2003-036, which amended the
text for Deschutes County Code (DCC) 18.76, Airport Development (AD) and amended the
relevant maps for 18.76 was appealed. The City's land use application, File 247-14-000156-ZC,
merely corrects the mapping error and procedural defect described above. No new uses are
being proposed to 18.76 nor are allowed uses being proposed for new locations at the Bend
Airport under the City's land use application or Ord. 2014-026 other than what was intended
with the 2003 amendments. Thus, the findings made in 2003 for 18.136.020 (A) through (C)
remain in effect and correcting a zoning mistake is specifically allowed under 18.136.020(D).
Additionally, the findings below in Section III.0 demonstrate how this map amendment complies
with and implements the Comprehensive Plan. The Board finds these criteria have been met.
B. CHAPTER 22.12, LEGISLATIVE PROCEDURES
1. Section 22.12.010, Hearing Required.
No legislative change shall be adopted without review by the Planning Commission and a
public hearing before the Board of County Commissioners. Public hearings before the
Planning Commission shall be set at the discretion of the Planning Director, unless
otherwise required by state law.
FINDING: The Planning Commission held a public hearing on Aug. 28, 2014. A public
hearing was held before the Board of County Commissioners on Oct. 27, 2014. The Board
finds this criterion has been met.
2. Section 22.12.020, Notice
Page 3 of 23 - EXHIBIT C TO ORDINANCE 2014-026
Notice
A. Published Notice
1. Notice of a legislative change shall be published in a newspaper of
general circulation in the county at least 10 days prior to each public
hearing.
2. The notice shall state the time and place of the hearing and contain a
statement describing the general subject matter of the ordinance under
consideration.
FINDING: Notice with the required information was published in The Bulletin on Oct. 12, 2014.
The Board finds this criterion has been met.
B. Posted Notice. Notice shall be posted at the discretion of the Planning
Director and where necessary to comply with ORS 203.045.
FINDING: The applicant posted a Notification of Land Use on the site and notice was posted on
the bulletin board in the lobby of the Deschutes County Community Development Department,
117 NW Lafayette, Bend. The Board finds this criterion has been met.
C. Individual notice. Individual notice to property owners, as defined in
DCC 22.08.010(A), shall be provided at the discretion of the Planning
Director, except as required by ORS 215.503.
FINDING: Given the land use in question is a legislative amendment, but all property is owned
by the City of Bend, no individual notices were sent. The Board finds this criterion has been
met.
D. Media notice. Copies of the notice of hearing shall be transmitted to
other newspapers published in Deschutes County.
FINDING: Notice was provided to the County public information official for wider media
distribution. The Board finds this criterion has been met.
3. Section 22.12.030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon
payment of required fees as well as by the Board of County
Commissioners.
FINDING: The application was initiated by the City of Bend; the Board of County
Commissioners waived half the fees on May 9, 2014; the City paid the other half upon land use
submittal. The Board finds this criterion has been met.
4. Section 22.12.040. Hearings Body
A. The following shall serve as hearings or review body for legislative
changes in this order:
1. The Planning Commission.
2. The Board of County Commissioners.
Page 4 of 23- EXHIBIT C TO ORDINANCE 2014-026
FINDING: The Planning Commission held a public hearing on Aug. 28, 2014 and the BOCC
held a public hearing on Oct. 27, 2014.. The Board finds this criterion has been met.
B. Any legislative change initiated by the Board of County
Commissioners shall be reviewed by the Planning Commission prior to
action being taken by the Board of Commissioners.
FINDING: The application was not initiated by the BOCC; therefore, the Board finds this
criterion does not apply. The Board does note the Planning Commission public hearing
preceded the BOCC public hearing.
5. Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: 247-14-000156-ZC will be implemented by BOCC Ord. 2014-026; the Board finds
this criterion has been met.
6. Section 22.12.060 Corrections
The County's comprehensive plan and zoning ordinances, subdivision
ordinance, and development procedures ordinance may be corrected by
order of the Board of Commissioners to cure editorial and clerical errors.
FINDING: Although errors were made relating to the zoning map for the Bend Municipal
Airport, they are not editorial or clerical in nature, so the City is submitting an application for
adoption of a zoning map by ordinance. The Board finds this criterion has been met.
C. DESCHUTES COUNTY COMPREHENSIVE PLAN
1. Chapter 3, Rural Growth Management, Section 3.4 Rural Economy
Goal 1, Support the orderly, efficient and cost-effective siting of rural public
facilities and services.
Policy 3.4.6 Support and participate in master planning for airports in
Deschutes County
FINDING: The Bend Airport Master Plan provides the guidance for directing growth at the
airport. The AO, AS, and ARID zone are described in the Bend Airport Master Plan and in DCC
18.76.070 through 090. Re-establishing the mapped boundaries of the AO, AS, and ARID
zones will support orderly development at the Bend Airport and is consistent with the Bend
Airport Master Plan.
This map is being adopted to implement the Comprehensive Plan. Specifically, the Airport
Master Plan, part of the TSP and, therefore, part of the Comprehensive Plan, describes three
zoning districts at the Bend Airport. The text of Chapter 18.76 already implements the
Comprehensive Plan, but a map needs to be adopted to show where the three zoning districts
exist. The proposed map showing the three zoning districts follows the boundaries of the On-
Airport Land Use Plan in the Bend Airport Master Plan. The three subzones correspond to the
Bend Airport Master Plan designations. The zoning map is consistent with and implements the
proposed zone classifications adopted by Chapter 18.76.
Page 5 of 23- EXHIBIT C TO ORDINANCE 2014-026
The zoning map will serve the public health, safety and welfare by spatially defining the zones
called for in the Airport Master Plan and Chapter 18.76. The mapped zones and their permitted
uses will allow development of the necessary public services and facilities at the Bend Airport.
These uses are being sited at an existing airport in an existing exception area, thereby limiting
the impacts on surrounding land use consistent with the comprehensive plan.
Finally, the proposed maps correct a procedural error when the County first adopted the AO,
AS, and ARID zones in 2003 as part of a text and map amendment to DCC 18.76. For a
decade the County has administered these zones in the belief the zoning map had been
properly adopted. The mistake discovered in March 2014 was that while the text for the three
zones was properly adopted, the map was not. The current application simply re-establishes
the zoning map for the AO, AS, and ARID zones.
The Board finds these criteria are met.
2. Deschutes County Transportation System Plan
Goal 4, Arterial and Collector Road Plan, Establish a transportation system,
supportive of a geographically distributed and diversified economic base,
while also providing a safe, efficient network for residential mobility and
tourism.
Policy 4.4, Deschutes County shall consider roadway function,
classification, and capacity as criteria for plan map amendments and zone
changes. This shall assure that proposed land uses do not exceed the
planned capacity of the transportation system.
FINDING: The Deschutes County Transportation System Plan (TSP), located in Section 3.7 of
the Comprehensive Plan, was updated in 2012. The update predated the discovery of the AO,
AS, and ARID mapping error; therefore, the transportation-land use model assumed the Bend
Airport would generate trips in 2030 consistent with those three zones. The TSP identified the
need for mitigation at the Butler Market/Powell Butte Highway, Neff-Alfalfa Market/Powell Butte
Highway, and Powell Butte Highway/US 20 intersections. The TSP identifies roundabouts at
these locations, which will ensure these three intersections, which are in the vicinity of the Bend
Airport, will meet the mobility standards for County roads and State highways. Therefore, the
proposed remapping will not exceed the planned capacity of the transportation system. The
Board finds this criterion is met.
3. Deschutes County Transportation System Plan (con't)
Goal 16, Airport Plan, 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.
FINDING: Adopting the map will protect the function and economic viability of the Bend
Municipal Airport by clarifying where the zoning districts are located so the appropriate code
provisions can be applied. The Board finds this criterion has been met.
Policy 16.1. 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,
Page 6 of 23- EXHIBIT C TO ORDINANCE 2014-026
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.
Continuing the protection of the privately owned, private-use airports, with
three or more based aircraft, is also accomplished by the AS overlay zone.
AS also protects the function and economic vitality of privately owned,
private-use airports with two or fewer based aircraft. 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.
FINDING: The County had developed airport land use regulations and codified them at DCC
18.76, Airport-Development (A-D). The land use regulations specific to the three zones are
found at 18.76.070 for AO; 18.76.080 for AS; and 18.76.090 for ARID. The proposed map will
be consistent with the most recent edition of the Bend Airport Master Plan. Additionally, the
Bend Airport is protected by DCC 18.80, Airport Safety (AS) Combining Zone, which regulates
the types of land uses allowed adjacent to the airport as well as height limits. The Board finds
this criterion is met.
Policy 16.2.h. Specifically designate any proposed airport facility
relocations or expansions within County jurisdiction on an airport master
plan or airport layout plan, as amended, and establish the appropriate
airport zoning designations to assure a compatible association of airport
growth with surrounding urban or rural development;
FINDING: The Bend Airport Master Plan and its Airport Layout Plan (ALP) contain multiple
drawings to graphically depict recommendations for airport layout, land use, and possible
disposition of obstructions located within various imaginary surfaces. Drawing 6, On-Airport
Land Use Plan, depicts the recommended use of airport property. Those uses in turn appear in
DCC 18.76 and the map amendment defines the spatial boundaries of those uses. The Board
finds this criterion is met.
Policy 16.2.k. 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 State-recognized airfields in Deschutes County;
FINDING: The Oregon Department of Aviation defines the Bend Airport as a public use airport,
Category II, Urban General Aviation. The Oregon Aviation Plan describes airports in this
category as "...support all general aviation aircraft and accommodate corporate aviation activity,
including business jets, helicopters, and other general aviation activity. These airports' primary
users are business related and service a large geographic region or they experience high levels
of general aviation activity."
County staff was heavily involved in both the 2002 update of the Bend Airport Master Plan,
which resulted in the 2003 creation and adoption of the AO, AS, and ARID zones, and the 2012
update.
Page 7 of 23- EXHIBIT C TO ORDINANCE 2014-026
The Bend Airport Master Plan includes an Airport Layout Plan. The proposed zoning map is
consistent with Drawing 6—On-Airport Land Use Plan. The proposed zoning map uses the
same boundaries as the plan map and provides zoning consistent with the plan designation.
The On-Airport Land Use Plan depicts the recommended uses of airport property associated
with the ALP. Four primary use categories are defined.
A-- Airfield Operations
AS—Aviation Support
Al — Aviation-Related Industrial
OS —Open Space
The area surrounding the runway and taxiway is designated airfield operations (A). This area
is defined by the required clearances and setbacks associated with the runway, runway
approaches, parallel taxiway, and parallel taxiway reserve.
The west side of the airport is designated aviation support (AS). AS areas accommodate the
full range of aviation-related land uses including hangars and other aviation-related buildings,
aircraft parking, fueling areas, etc. The northern half of the east side of the airport is also
designated AS. A portion of this area is planned for aviation-related development within the
current 20-year planning period and a portion is reserved for long-term aviation use. Additional
AS areas are identified along the east edge of the airport boundary.
Aviation-Related Industrial (Al) areas are located on the east side of the airport. Future Al
development areas are identified immediately north of Lancair and south of the future east side
hangar development.
The distribution of airport land uses reflects the mixture of facilities and activities that currently
exist or are planned for the airport. The primary purpose of the airport is to accommodate
aviation-related needs. The updated Bend Airport Master Plan and associated drawings
illustrate that the long-term aviation needs of the airport are addressed with the added
protection of ARID zoning to accommodate a wide range of unforeseen development needs.
The proposed zoning map implements Drawing 6 by mapping the zoning districts that were
adopted in Chapter 18.76 to implement the Airfield Operations (A), Aviation Support (AS) and
Aviation-Related Industrial (Al) plan designations shown on the On-Airport Land Use Plan. The
plan designation —zone district designation correlations are:
Table 1 Designations in Bend Airport Master Plan and Deschutes County Title 18.76
Airport Layout Plan.Designation Zone District',,,Designation-
Airfield Operations(A) Airport Operations District(AOD)
Aviation Support(AS) Aviation Support DistrictkASD)
Aviation-Related Industrial (Al) Aviation-Related Industrial District(ARID)
Each zoning district on the proposed zoning map has the same boundaries as the
corresponding plan designation as shown on the On-Airport Land Use Plan.
The Board finds this criterion is met.
C. STATEWIDE PLANNING GOALS
Page 8 of 23- EXHIBIT C TO ORDINANCE 2014-026
1. Goal 1, Citizen Involvement
FINDING: The text amendment included an Aug. 14, 2014, workshop and an Aug. 28, 2014,
public hearing before the Deschutes County Planning Commission (PC). A workshop and a
public hearing will be held before the Board of County Commissioners (BOCC). The Board
finds this criterion is met.
2. Goal 2, Land Use Planning
FINDING: Staff determined the proposed amendment satisfies the intent of the goal to assure
an adequate factual base in accordance with the County's Comprehensive Plan Rural Growth
Management Chapter. The Board finds this criterion is met.
3. Goal 3, Agricultural Lands
FINDING: The rezone is not affecting any lands now zoned for Agricultural uses and the
property was given a Goal 3 exception in 1980 under Ord. 80-222; the Board finds this criterion
is either met or not applicable.
4. Goal 4, Forest Lands
FINDING: The rezone is only affecting lands zoned A-D; the Board finds this criterion does not
apply.
5. Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces,
FINDING: A review of the Comprehensive Plan's inventory of Goal 5 resources showed no
Goal 5 resources are located at the Bend Airport. The Board finds this criterion does not apply.
6. Goal 6, Air, Water and Land Resource Quality
FINDING: Existing County rules and policies will protect these resources. The Board finds this
criterion is met.
7. Goal 7, Natural Hazards
FINDING: There are no natural hazards at Bend Airport; the Board finds this criterion does not
apply.
8. Goal 8, Recreational Needs
FINDING: The Bend Airport is not a recreational destination per se. The map amendment
proposal corrects a mapping error and re-establishes the spatial boundaries of the AO, AS, and
ARID zones to allow aviation uses to again be permitted at the Bend Airport. Flying is a
recreational endeavor for many people while others fly into Bend to then recreate in Central
Oregon. The Board finds this criterion is met.
9. Goal 9, Economic Development
FINDING: Under the current A-D zone, which is the sole zone now in effect at the Bend Airport,
the only allowed uses are the following:
Page 9 of 23- EXHIBIT C TO ORDINANCE 2014-026
The outright permitted uses under DCC 18.76.030 are:
• Class I and II road or street project subject to approval as part of a land
partition, subdivision or subject to the standards and criteria established
by DCC 18.116.230
• Class III road or street project
• Operation, maintenance, and piping of existing irrigation system operated
by an Irrigation district except as provided by in DCC 18.120.050
• Farm use as defined in DCC Title 18
The conditional uses under DCC 18.76.040 are:
• Farm accessory building and uses, except residential uses
• Utility facility necessary for public service, except landfills
• Excavation, grading and fill and removal within the bed and banks of a
stream or river or in a wetland subject to DCC 18.120.050 and/or DCC
18.128.270
None of the uses allowed under DCC 18.76.030 or 18.76.040 are primary drivers of economic
development. Instead, they are allowed uses that are accessory or supplemental to existing
activities.
By contrast to the A-D zone, the AO, AS, and ARID zones will promote economic development
directly at the Bend Airport and indirectly throughout Central Oregon for those businesses
whose products or services are aviation related or are delivered by air (see Table 2). The
allowed AO, AS, and ARID uses with an economic development component are fuel storage
and sales and emergency repair; restaurant, which may include a bar or cocktail lounge as an
accessory use; and airport or aviation-related businesses that benefit from an on-airport
location.
The re-mapping of the AO, AS, and ARID zones will provide adequate opportunities for a variety
of economic activities vital to the prosperity to the residents of Bend and Central Oregon.
Without the remapping, none of these activities can occur currently at the Bend Airport. The
Board finds this criterion has been met.
Table 2 Economic Activities Allowed at Bend Airport
A-D AO AS, A ,' ARID
Land Use (18.76.030-040) (18,76070).: ` (18»76.080) ;(18.76,090)'
Class I and II road or street project
subject to approval as part of a land
partition, subdivision or subject to Outright Outright Outright Outright
the standards and criteria
established by DCC 18.116.230
Class III road or street project Outright Outright Outright Outright
Operation, maintenance, and piping
of existing irrigation system
operated by an Irrigation district Outright Outright Outright Outright
except as provided by in DCC
18.120.050
Farm use as defined in DCC Title Outright Outright Outright Outright
18
Farm accessory building and uses, Conditional Conditional Conditional Conditional
Page 10 of 23- EXHIBIT C TO ORDINANCE 2014-026
except residential uses
Utility facility necessary for public Conditional Conditional Conditional Conditional
service, except landfills
Excavation, grading and fill and
removal within the bed and banks of
a stream or river or in a wetland Conditional Conditional Conditional Conditional
subject to DCC 18.120.050 and/or
DCC 18.128.270
Runway, taxiway, service road, fuel
storage and sales and emergency Not Allowed Outright Outright Outright
repair
Facilities approved or mandated by
the FAA or Oregon State Not Allowed Outright Outright Outright
Aeronautics Division specifically
supporting airport operations - •
Related uses which are customarily
appurtenant to airports, including Not Allowed Not Allowed Outright Outright
but not limited to, hangars, tie-down
areas and parking facilities
Restaurant, which may include a
bar or cocktail lounge as an
accessory use. One restaurant per Not Allowed Not Allowed Conditional Not Allowed
airport. Restaurant, including any
accessory use, to be 2,500 square
feet or less in size
Airport or aviation-related
businesses that benefit from an on- Not Allowed Not Allowed Conditional Outright*
airport location
*Commercial or industrial businesses only
10. Goal 10, Housing
FINDING: There is no housing at the Bend Airport; the Board finds this criterion is inapplicable.
11. Goal 11, Public Facilities and Services
FINDING: Existing County rules and policies will protect these resources. The Board finds this
criterion is met
12. Goal 12, Transportation
FINDING: The Board addresses Goal 12 at length under Section D, but finds the map
amendment complies with the Transportation Planning Rule and thus satisfies this criterion.
13. Goal 13, Energy Conservation
FINDING: The Board finds this goal is not applicable.
14. Goal 14, Urbanization
FINDING: The Bend Airport is outside of the City's Urban Growth Boundary and lies far to the
east of any possible expansion of the UGB. The Board finds this criterion does not apply.
15. Goals 15-19
Page 11 of 23- EXHIBIT C TO ORDINANCE 2014-026
FINDING; The Board finds these goals are inapplicable as they deal with different geographic
areas on the west side of the Cascade Range.
D. TRANSPORTATION PLANNING RULE (OAR 660-012)
Plan and Land Use Regulation Amendments 660-012-0060
(1) If an amendment to a functional plan, an acknowledged plan, or a land
use regulation (including a zoning map) would significantly affect an
existing or planned transportation facility, then the local government must
put in place measures a provided in section (2) of this rule, unless the
amendment is allowed under section (3), (9), or (10) of this rule. A plan or
land use regulation amendment significantly affects a transportation
facility if it would:
(a) Change the functional classification system; or
FINDING: The zones that will now be part of the zoning map were found in 2003 to be
compatible with the functional classification of the adjacent for roads abutting or affected by the
Bend Airport. The new zones will not allow any new uses at the airport that were not intended
to be allowed in the 2003 approval and those uses were found at the time to not change the
functional classification of the surrounding roads and intersections. Therefore, the new zones
will not result in any new land uses that will increase traffic volumes or types of traffic for any of
the roads or intersections adjacent or near the Bend Airport. The Finding under sub-section
(c)(A) is incorporated by reference here. The Board finds this criterion has been met.
(b) Change standards implementing functional classification system: or
FINDING: The proposed map amendment does not include any proposed changes to the
mobility standards for County roads or State highways. Nor will the proposed rezoning result in
any land uses that will result in increased traffic volumes or types of traffic. The findings under
sub-section (a) above and under sub-section (c)(A) are incorporated by reference here. The
Board finds this criterion has been met.
(c) Result in any of the effects listed in paragraphs (A) through (C) of this
subsection based on projected conditions measured at the end of the
planning period identified in adopted TSP...
(A) Types or levels of travel or access that are inconsistent with the
functional classification of an existing or planned transportation
facility;
FINDING: The types and amount of vehicle travel will remain unchanged as the map
amendment will merely re-establish the zoning boundaries; the allowed uses approved more
than a decade ago remain. The direct access points from Powell Butte Highway and Gibson Air
Road to the Bend Airport will remain the same post-amendment as pre-amendment. Powell
Butte Highway will continue to function as a Rural Arterial and Gibson Airpark will remain a local
road. The County's facility management and access management policies will remain the
same. This zoning map change merely implements what was intended to be implemented in
2003. None of the zones that will be added to the zoning map have permitted uses that were
not intended to be permitted as a result of the 2003 comprehensive plan and zoning text
amendments. The Board finds this criterion is met.
Page 12 of 23- EXHIBIT C TO ORDINANCE 2014-026
(B) Degrade the performance of an existing or planned
transportation facility such that it would not meet the performance
standards identified in the TSP or comprehensive plan; or
FINDING: The 2012 TSP included the Bend Airport in its projections for future traffic out to
2030. The model assumed the AO, AS, and ARID zones were in effect. The only deficiencies
found near the Bend Airport were the intersections of Powell Butte Highway/Butler Market Road
and Powell Butte Highway/Alfalfa Market-Neff roads. These two intersections did not meet the
County's performance standard without future improvements. As a result the TSP at Table
5.3.T1 (County Road and Highway Projects) includes planned roundabouts at these
intersections, which enable them to meet the County's performance standard. The roundabouts
are identified as high priorities, meaning construction within five years. The County's adopted
Capital Improvement Project (CIP) list includes a roundabout at Powell Butte Highway/Neff-
Alfalfa Market roads in 2015-16. A roundabout is also planned for at US 20/Hamby-Ward roads.
With these funded and planned improvements the intersections will meet the County's and
State's performance standards. The Board finds this criterion is met.
(C) Degrade the performance of an existing or planned
transportation that is otherwise projected to not meet the
performance standards identified in the TSP or comprehensive plan.
FINDING: All of the previous findings regarding the Transportation Planning Rule apply to this
criterion as well and, therefore, are incorporated herein. For the same reasons previously
stated, all the intersections in the vicinity of the Bend Airport are projected to meet the County's
or State's performance standards with planned improvements. The map amendment will not
cause any of these intersections to fail as the traffic from the AO, AS, and ARID zones was
included in the 2030 traffic projections and analysis. The Board finds this criterion is not
applicable.
E. AIRPORT PLANNING RULE (OAR 660-013)
Purpose and Policy 660-013-0010
(1) This division implements ORS 836.600 through 836.630 and Statewide
Planning Goal 12 (Transportation). The policy of the State of Oregon is to
encourage and support the continued operation and vitality of Oregon's
airports. These rules are intended to promote a convenient and economic
system of airports in the state and for land use planning to reduce risks to
aircraft operations and nearby land uses.
(2) Ensuring the vitality and continued operation of Oregon's system of
airports is linked to the vitality of the local economy where the airports are
located. This division recognizes the interdependence between
transportation systems and the communities on which they depend.
FINDING: As discussed in the Goal 9 findings, under the current situation the only zone in
effect at the Bend Airport is the A-D zone, which has uses that offer little to no economic
development. The map amendment will restore the AO, AS, and ARID zones, which as Table 2
above shows, offer many uses that are either economic development themselves or support
economic development. Re-mapping the AO, AS, and ARID zones will result in the continued
Page 13 of 23 - EXHIBIT C TO ORDINANCE 2014-026
economic vitality of the Bend Airport and by extension the City of Bend, which owns the
property, as well as indirectly benefitting other cities in Central Oregon. The Board finds this
criterion is met.
Definitions 660-013-0020
For purposes of this division, the definitions in ORS Chapter 197 apply
unless the context requires otherwise. In addition, the following definitions
apply:
(1) "Airport" means the strip of land used for taking off and landing aircraft,
together with all adjacent land used in connection with the aircraft landing
or taking off from the strip of land, including but not limited to land used for
existing airport uses.
(2) "Aircraft" means helicopters and airplanes, but not hot air balloons or
ultralights.
(3) "Airport Uses" means those uses described in OAR 660-013-0100.
(4) "Non Towered Airport" means an airport without an existing or
approved control tower on June 5, 1995.
(5) "Public Assembly Uses" means a structure or outdoor facility where
concentrations of people gather for purposes such as deliberation,
education, worship, shopping, business, entertainment, amusement,
sporting events, or similar activities, excluding airshows. Public Assembly
Uses does not include places where people congregate for short periods of
time such as parking lots and bus stops or uses approved by the FAA in an
adopted airport master plan.
(6) "Sponsor" means the owner, manager, other person, or entity
designated to represent the interests of an airport.
FINDING: The Bend Airport is a non-towered airport used by fixed and rotary wing aircraft. The
land uses in the Bend Airport Master Plan and DCC 18.76 are consistent with OAR 660-013-
100 and OAR 660-013-0110. The map amendment application was submitted by the City of
Bend, which is the entity that owns the Bend Airport. The Board finds this criterion has been
met.
Preparation and Coordination of Aviation Plans 660-013-0030
(1) The Oregon Department of Aviation (ODA) shall prepare and adopt a
state Aviation System Plan (state ASP) in accordance with ORS Chapters
835 and 836 and the State Agency Coordination Program approved under
ORS 197.180...
(2) A city or county with planning authority for one or more airports, or
areas within safety zones or compatibility zones described in this division,
Page 14 of 23- EXHIBIT C TO ORDINANCE 2014-026
shall adopt comprehensive plan and land use regulations for airports
consistent with the requirements of this division and ORS 836.600 through
836.630. Local comprehensive plan and land use regulation requirements
shall be coordinated with acknowledged transportation system plans for
the city, county, and Metropolitan Planning Organization (MPO) required by
OAR 660, division 12. Local comprehensive plan and land use regulation
requirements shall be consistent with adopted elements of the state ASP
and shall be coordinated with affected state and federal agencies, local
governments, airport sponsors, and special districts. If a state ASP has not
yet been adopted, the city or county shall coordinate the preparation of the
local comprehensive plan and land use regulation requirements with ODA.
Local comprehensive plan and land use regulation requirements shall
encourage and support the continued operation and vitality of airports
consistent with the requirements of ORS 836.600 through 836.630.
FINDING: The map amendment is consistent with the Deschutes County Comprehensive Plan
as described in the findings above. The County has also adopted an Airport Safety Combining
Zone at DCC 18.80, which ensures land use at and adjacent to the Bend Airport do not
adversely affect the safety of the airport and surrounding areas. The 2012 TSP Update also
includes Policy 16.1 and 16.2k to support development at the Bend Airport. The Board finds
this criterion has been met.
Aviation Facility Planning Requirements 660-013-0040
A local government shall adopt comprehensive plan and land use
regulation requirements for each state or local aviation facility subject to
the requirements of ORS 836.610(1). Planning requirements for airports
identified in ORS 836.610(1) shall include:
(1) A map, adopted by the local government, showing the location of the
airport boundary. The airport boundary shall include the following areas,
but does not necessarily include all land within the airport ownership:
(a) Existing and planned runways, taxiways, aircraft storage
(excluding aircraft storage accessory to residential airpark type
development), maintenance, sales, and repair facilities;
(b) Areas needed for existing and planned airport operations; and
(c) Areas at non-towered airports needed for existing and planned
airport uses that:
(A) Require a location on or adjacent to the airport property;
(B) Are compatible with existing and planned land uses
surrounding the airport; and
(C) Are otherwise consistent with provisions of the
acknowledged comprehensive plan, land use regulations, and
any applicable statewide planning goals.
Page 15 of 23- EXHIBIT C TO ORDINANCE 2014-026
(d) "Compatible," as used in this rule, is not intended as an absolute
term meaning no interference or adverse impacts of any type with
surrounding land uses.
FINDING: Deschutes County first adopted an airport zoning map in Ord. 82-03, which was
consistent with the 1979 Bend Airport Master Plan. In 2003, the County adopted an updated
Bend Airport zoning map via Ord. 2003-036 as well as revised text for DCC 18.76. In March
2014 the County discovered a procedural defect which meant the 2003 zoning map was not
adopted. The re-zone will correct that error and again set the spatial boundaries of the AO, AS,
and ARID zones. The Board finds these criteria have been met.
(2) A map or description of the location of existing and planned
runways, taxiways, aprons, tiedown areas, and navigational aids;
FINDING: The map amendment, in concert with the text at DCC 18.76, describes the location
of these features as does the 2012 Bend Airport Master Plan. The Board finds this criterion is
met.
(3) A map or description of the general location of existing and
planned buildings and facilities;
FINDING: The map amendment is limited to displaying where land uses can occur; a zoning
map does not include the location of buildings or facilities. The Board finds this criterion is not
applicable.
(4) A projection of aeronautical facility and service needs;
FINDING: The map amendment only depicts where the various zoning districts are located, but
those district uses are based on the projected needs from the Bend Airport Master Plan and its
various updates. The Board finds this criterion is met.
(5) Provisions for airport uses not currently located at the airport or
expansion of existing airport uses:
(a) Based on the projected needs for such uses over the
planning period;
(b) Based on economic and use forecasts supported by
market data;
(c)When such uses can be supported by adequate types and
levels of public facilities and services and transportation
facilities or systems authorized by applicable statewide
planning goals;
(d)When such uses can be sited in a manner that does not
create a hazard for aircraft operations; and
(e)When the uses can be sited in a manner that is:
Page 16 of 23 - EXHIBIT C TO ORDINANCE 2014-026
(A) Compatible with existing and planned land uses
surrounding the airport; and
(B) Consistent with applicable provisions of the
acknowledged comprehensive plan, land use
regulations, and any applicable statewide planning
goals.
FINDING: The map amendment only depicts where the various zoning districts are located, but
those district uses are based on the projected needs from the Bend Airport Master Plan and its
various updates. The map is for on-airport uses only as listed in DCC 18.76; additionally, DCC
18.80 ensures off-airport uses do not present a hazard to airport operations. The Board finds
these criteria are met.
(6)When compatibility issues arise, the decision maker shall take
reasonable steps to eliminate or minimize the incompatibility
through location, design, or conditions...
FINDING: Staff finds this criterion does not apply.
(7) A description of the types and levels of public facilities and
services necessary to support development located at or planned
for the airport including transportation facilities and services.
Provision of public facilities and services and transportation
facilities or systems shall be consistent with applicable state and
local planning requirements.
FINDING: The adequate provision of transportation facilities were addressed in the findings on
the TPR. The Board finds this criterion has been met.
(8) Maps delineating the location of safety zones, compatibility
zones, and existing noise impact boundaries that are identified
pursuant to OAR 340, Division 35.
FINDING: The map amendment identifies only the zones within and is only for land uses
allowed at the Bend Airport. No map amendments are proposed for the surrounding safety,
compatibility our noise impact areas. The rezoning map is consistent with the 2002 Bend
Airport Master Plan's land use component. The Board finds this criterion does not apply.
(Safety zones and their related imaginary surfaces are addressed in DCC 18.80.)
(9) Local government shall request the airport sponsor to provide
the economic and use forecast information required by this rule...
FINDING: This criterion appears to be applicable at the time of adoption of a comprehensive
plan amendment. The map current request for a zoning map amendment is for land uses
currently allowed at the Bend Airport by the County Code. The Board finds this criterion does
not apply to the current application for the amendment to the County zoning map.
Implementation of Local Airport Planning 660-013-0050
Page 17 of 23 - EXHIBIT C TO ORDINANCE 2014-026
A local government with planning responsibility for one or more
airports or areas within safety zones or compatibility zones
described in this division or subject to requirements identified in
ORS 836.608 shall adopt land use regulations to carry out the
requirements of this division, or applicable requirements of ORS
836.608, consistent with the applicable elements of the adopted
state ASP and applicable statewide planning requirements.
FINDING: The County has adopted land use regulations in DCC 18.76 and airport safety
regulations in DCC 18.80. The Board finds this criterion has been met.
Local Government Safety Zones for Imaginary Surfaces 660-013-0070
Local Government Safety Zones for Imaginary Surfaces
(1) A local government shall adopt an Airport Safety Overlay Zone to
promote aviation safety by prohibiting structures, trees, and other
objects of natural growth from penetrating airport imaginary
surfaces...
FINDING: The County has adopted safety regulations in DCC 18.80. The Board finds this
criterion has been met.
Local Government Land Use Compatibility Requirements for Public Use
Airports 660-013-0080
(1) A local government shall adopt airport compatibility
requirements for each public use airport identified in ORS
836.610(1). The requirements shall...
FINDING: The map amendment is for on-airport uses only. In 2003, these uses were
previously found to be compatible with the criteria. The map does not change the uses and
merely depicts where those uses will be located on the airport property. The Board finds this
criterion has been met.
Airport Uses at Non-Towered Airports 660-013-0100
Local government shall adopt land use regulations for areas within
the airport boundary of non-towered airports identified in ORS
836.610(1)that authorize the following uses and activities:
(1) Customary and usual aviation-related activities including but not
limited to takeoffs, landings, aircraft hangars, tiedowns,
construction and maintenance of airport facilities, fixed-base
operator facilities, a residence for an airport caretaker or security
officer, and other activities incidental to the normal operation of an
airport. Residential, commercial, industrial, manufacturing, and
other uses, except as provided in this rule, are not customary and
usual aviation-related activities and may only be authorized
pursuant to OAR 660-013-0110.
Page 18 of 23- EXHIBIT C TO ORDINANCE 2014-026
(2) Emergency Medical Flight Services, including activities, aircraft,
accessory structures, and other facilities necessary to support
emergency transportation for medical purposes. "Emergency
Medical Flight Services" does not include hospitals, medical offices,
medical labs, medical equipment sales, and similar uses.
(3) Law Enforcement and Firefighting Activities, including aircraft
and ground based activities, facilities and accessory structures
necessary to support federal, state or local law enforcement and
land management agencies engaged in law enforcement or
firefighting activities. These activities include transport of
personnel, aerial observation, and transport of equipment, water,
fire retardant and supplies.
(4) Flight Instruction, including activities, facilities, and accessory
structures located at airport sites that provide education and
training directly related to aeronautical activities. "Flight Instruction"
does not include schools for flight attendants, ticket agents, or
similar personnel.
(5) Aircraft Service, Maintenance and Training, including activities,
facilities, and accessory structures provided to teach aircraft service
and maintenance skills, maintain, service and repair aircraft and
aircraft components, but not including activities, structures, and
facilities for the manufacturing of aircraft for sale to the public or the
manufacturing of aircraft related products for sale to the public.
"Aircraft Service, Maintenance and Training" includes the
construction of aircraft and aircraft components for personal use.
The assembly of aircraft and aircraft components is allowed as part
of servicing, maintaining, or repairing aircraft and aircraft
components.
(6) Aircraft Rental, including activities, facilities, and accessory
structures that support the provision of aircraft for rent or lease to
the public.
(7) Aircraft Sales and the sale of aeronautic equipment and supplies,
including activities, facilities, and accessory structures for the
storage, display, demonstration and sale of aircraft and aeronautic
equipment and supplies to the public.
(8) Aeronautic Recreational and Sporting Activities, including
activities, facilities and accessory structures at airports that support
recreational use of aircraft and sporting activities that require the
use of aircraft or other devices used and intended for use in flight.
Aeronautic Recreation and Sporting Activities on airport property
shall be subject to approval of the airport sponsor. Aeronautic
recreation and sporting activities include but are not limited to: fly-
ins; glider flights; hot air ballooning; ultralight aircraft flights;
displays of aircraft; aeronautic flight skills contests; gyrocopter
Page 19 of 23 - EXHIBIT C TO ORDINANCE 2014-026
flights; flights carrying parachutists; and parachute drops onto an
airport. As used in this rule, parachuting and parachute drops
includes all forms of skydiving. Parachuting businesses may be
allowed only where they have secured approval to use a drop zone
that is at least 10 contiguous acres. A local government may
establish a larger size for the required drop zone where evidence of
missed landings and dropped equipment supports the need for the
larger area. The configuration of 10 acre minimum drop zone shall
roughly approximate a square or circle and may contain structures,
trees, or other obstacles if the remainder of the drop zone provides
adequate areas for parachutists to safely land.
(9) Crop Dusting Activities, including activities, facilities and
structures accessory to crop dusting operations. These include, but
are not limited to: aerial application of chemicals, seed, fertilizer,
pesticide, defoliant and other activities and chemicals used in a
commercial agricultural, forestry or rangeland management setting.
(10)Agricultural and Forestry Activities, including activities,
facilities and accessory structures that qualify as a "farm use" as
defined in ORS 215.203 or"farming practice" as defined in ORS
30.930.
(11)Air passenger and air freight services and facilities at public use
airports at levels consistent with the classification and needs
identified in the state ASP.
FINDING: The Bend Airport is a non-towered airport and the uses allowed in the AD, AO, AS,
and ARID zones are listed above in Table 2. The uses identified in Table 2 are consistent with
the uses specified in OAR 660-013-0100. The Board finds these criteria are met.
Other Uses Within the Airport Boundary 660-013-0110
Notwithstanding the provisions of OAR 660-013-0100, a local
government may authorize commercial, industrial, manufacturing
and other uses in addition to those listed in OAR 660-013-0100
within the airport boundary where such uses are consistent with
applicable provisions of the acknowledged comprehensive plan,
statewide planning goals and LCDC administrative rules and where
the uses do not create a safety hazard or otherwise limit approved
airport uses.
FINDING: The additional commercial, industrial, and manufacturing and other uses were
approved at the Bend Airport under PA-03-3 and TA-03-4 which were implemented by Ord.
Nos. 2003-035 and 2003-036. The findings for these previous land use applications and
ordinances demonstrated the consistency with the County's comprehensive plan, Statewide
planning goals, and LCDC administrative rules. The Board finds this criterion has been met.
Safe Harbors 660-013-0140
Page 20 of 23 - EXHIBIT C TO ORDINANCE 2014-026
A "safe harbor" is a course of action that satisfies certain
requirements of this division. Local governments may follow safe
harbor requirements rather than addressing certain requirements in
these rules. The following are considered to be "safe harbors":
(1) Portions of existing acknowledged comprehensive plans, land
use regulations, Airport Master Plans and Airport Layout Plans
adopted or otherwise approved by the local government as
mandatory standards or requirements shall be considered adequate
to meet requirements of these rules for the subject areas of rule
requirements addressed by such plans and elements, unless such
provisions are contrary to provisions of ORS 836.600 through
836.630. To the extent these documents do not contain specific
provisions related to requirements of this division, the documents
can not be considered as a safe harbor. The adequacy of existing
provisions shall be evaluated based on the specificity of the
documents and relationship to requirements of these rules;
(2) This division does not require elimination of existing or allowed
airport related uses authorized by an acknowledged comprehensive
plan and land use regulations; and
(3) Notwithstanding the safe harbor provisions of this rule, land use
regulations applicable to non-towered airports shall authorize
airport uses required by this division.
FINDING: A public hearing process was followed in 2003 to adopt the 2002 Bend Airport
Master Plan into DCC 18.76. The text was properly adopted, but the map was not due to a
procedural defect. A reasonable argument could be made that readopting the map to again set
the spatial boundaries of the AO, AS, and ARID zones is consistent with the intent of the Safe
Harbor provision. The Board finds these criteria have been met..
Planning Requirements for Small Airports 660-013-0155
(1) Airports described in ORS 836.608(2) shall be subject to the
planning and zoning requirements described in ORS 836.608(2)
through (6) and (8)...
FINDING: The Bend Airport does not fit the definition of airport described in ORS 836.603(2),
which pertains to private airports or private airports used by the public. The Board finds this
criterion does not apply as Bend is a publically owned airport.
Applicability 660-013-0160
This division applies as follows:
(1) Local government plans and land use regulations shall be
updated to conform to this division at periodic review, except for
provisions of chapter 859, OR Laws 1997 that became effective on
passage. Prior to the adoption of the list of airports required by ORS
Page 21 of 23 - EXHIBIT C TO ORDINANCE 2014-026
836.610(3), a local government shall be required to include a
periodic review work task to comply with this division. However, the
periodic review work task shall not begin prior to the Oregon
Department of Aviation's adoption of the list of airports required by
ORS 836.610(3). For airports affecting more than one local
government, applicable requirements of this division shall be
included in a coordinated work program developed for all affected
local governments concurrent with the timing of periodic review for
the jurisdiction with the most land area devoted to airport uses.
FINDING: Counties are not subject to periodic review. Therefore, the Board finds this criterion
is not applicable.
(2) Amendments to plan and land use regulations may be
accomplished through plan amendment requirements of ORS
197.610 to 197.625 in advance of periodic review where such
amendments include coordination with and adoption by all local
governments with responsibility for areas of the airport subject to
the requirements of this division.
FINDING: This is not a plan amendment but is being coordinated between the City and the
County because the City is the applicant. Therefore, the Board finds this criterion is met.
(3) Compliance with the requirements of this division shall be
deemed to satisfy the requirements of Statewide Planning Goal 12
(Transportation) and OAR 660, division 12 related Airport Planning.
FINDING: Although this criterion eliminates the need to adopt findings regarding Goal 12 and
the applicable OARs, findings regarding those are provided above by the Board.
(4) Uses authorized by this division shall comply with all applicable
requirements of other laws.
FINDING: The Board finds the above narrative demonstrates how the application complies with
all applicable requirements of other laws.
(5) Notwithstanding the provisions of OAR 660-013-0140
amendments to acknowledged comprehensive plans and land use
regulations, including map amendments and zone changes, require
full compliance with the provisions of this division, except where the
requirements of the new regulation or designation are the same as
the requirements they replace.
FINDING: The City of Bend created the Bend Airport Master Plan in 1979 and updated it in
1994, 2002, and 2012. The City has coordinated with Deschutes County to create regulations
and policies in County planning documents to protect the Bend Airport which sits on County-
zoned land. The map amendment, first approved in 2003, is consistent with the County's
comprehensive plan and TSP. As the current map amendment merely corrects a procedural
Page 22 of 23- EXHIBIT C TO ORDINANCE 2014-026
defect from 2003, the map of the AO, AS, and ARID zones is the same. The Board finds these
criteria are met.
IV. CONCLUSION: The Board finds the 2002 Bend Airport Master Plan Update and the
related land use regulations and zoning map went through a public hearing process under PA-
03-3 and TA-03-4, which culminated in the adoption of the 2002 Update via Ord. Nos. 2003-035
and 2003-036. The County administered the AO, AS, and ARID zones for more than a decade
when a procedural defect regarding the adoption of the map for the AO, AS, and ARID zones
was discovered, rendering them null and void. The net result is no aviation uses are now
permitted at the Bend Airport. Both the City of Bend and Deschutes County have identified
development at the Bend Airport as a critical economic development strategy. The map
amendment does not introduce any new uses at the airport nor does it change the locations of
where allowed uses can occur. The map amendment merely corrects a procedural error and re-
establishes the spatial boundaries of the AO, AS, and ARID zones in their 2003 areas.
Page 23 of 23- EXHIBIT C TO ORDINANCE 2014-026