2016-401-Ordinance No. 2016-010 Recorded 8/15/2016REVIEWED
LEGAL COUNSEL
1COUNTY
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NANCYUTES BLANKENSHIP,FCOUNTY CLERK 1+�1 2016401
COMMISSIONERS' JOURNAL 0811512416 08;35;07 AM
1111111111111111111 11
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County *
Code Title 23, the Deschutes County Comprehensive *
Plan, to Rescind the 2002 Bend Airport Master Plan *
and Replace It Only with Chapter 7 and Sheets 2, 3,
and 11 from the 2013 Bend Airport Master Plan
ORDINANCE NO. 2016-010
WHEREAS, the City of Bend applied for a Comprehensive Plan Amendment to Deschutes County
Code ("DCC") Title 23, to rescind the 2002 Bend Airport Master Plan, hereafter referred to as the `RAMP", and
replace it only with Chapter 7 (Airport Development Alternatives) and Sheets 2 (Airport Data), 3 (Airport
Layout Plan), and 11 (Noise Contours) from the 2013 BAMP; and
WHEREAS, the Board of County Commissioners (hereafter "Board") adopted the 2002 BAMP into the
Deschutes County Comprehensive Plan via Ordinance 2003-035; and
WHEREAS, the City of Bend, the owner -operator of the Bend Municipal Airport, at the Bend City
Council meeting of October 2, 2013, adopted the 2013 BAMP by resolution; and
WHEREAS, after duly noticed hearings, on March 29 and April 12, 2016, the Deschutes County
Hearings Officer approved the comprehensive plan amendment; and
WHEREAS, because no appeal was filed, the Board did not initiate review of the application and the
decision does not require an exception to the goals or concern lands designated for forest or agricultural use,
pursuant to DCC 22.28.030(B), the Board must approve the comprehensive plan amendment;
NOW, THEREFORE,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Title 23, Deschutes County Comprehensive Plan is amended to (a)
rescind the 2002 BAMP in its entirety, and (b) include Chapter 7 and Sheets 2, 3, and 11 of the 2013 BAMP as
shown in Exhibit "A."
Section 2. FINDINGS. The Board adopts as its findings in support of this decision, the June 17, 2016
Decision of the Hearings Officer attached hereto as Exhibit "B" and incorporated by reference herein.
///
PAGE 1 OF 2 - ORDINANCE NO. 2016-010
Dated this
(61,
Recording Secretary
h
Date of 1st Reading: --day of
Date of 2nd Reading: /V day of
Commissioner
Alan Unger
Tammy Baney
Anthony DeBone
016 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
rt-61.-vt-
ALAN UNGER, Chair
Atiihdit1(
TAMMY BA13E`Y, Vice
ANTHONY DeBONE, Commissioner
, 2016.
, 2016.
Record of Adoption Vote:
Yes No Abstained Excused
Effective date: 7/ day of / U 1 , 2016.
PAGE 2 OF 2 - ORDINANCE NO. 2016-010
Chapter 7 - Airport Development Alternatives
Introduction
The evaluation of future development options represents a critical step in the airport master
planning process. The primary goal is to define a path for future development that provides an
efficient use of resources and is capable of accommodating the forecast demand and facility
needs defined in the master plan. As noted in the facility requirements evaluation, current and
long term planning for Bend Municipal Airport is based on maintaining and improving the
airport's ability to serve a wide range of general aviation and business aviation aircraft.
All proposed facility improvements are consistent with applicable FAA airport design standards
and FAR Part 77 airspace planning standards. Airplane Design Group II (ADG II) standards are
recommended for all facilities used regularly by the design aircraft (medium business jet) such
as the runway, major taxiways and aircraft parking apron. Facilities used by exclusively by small
aircraft, such as airplane tiedowns and T -hangar taxilanes are based on ADG I design standards
(small single engine or multi -engine aircraft). All proposed improvements are compatible with
protecting the Airport's existing non -precision instrument approach capabilities.
An important part of the master plan update process is the evaluation of previous master plan
recommendations and actual facility development that subsequently occurred. Major
improvements completed in the last ten years include a new runway, east parallel taxiway and
privately -funded hangar area development on the east side of Runway 16/34. During this period
Exhibit A - ORDINANCE 2016-010 (Bend Airport Master Plan Update)
the City leased several large tracts of airport land on the east side of the runway to support
landside development. In recent years however, poor economic conditions have slowed private
investment and much of the leased area remains undeveloped. The existing Aero Facilities
hangar complex has a large number of hangar sites available for development.
For the purposes of evaluating the Airport's long term landside facility improvements, the
development options will focus on the land areas that are not currently committed through
long-term lease or option. This approach is recommended since the timing and configuration of
new facility development in the leased areas will be determined by the lease holder, rather than
airport management. It is recognized that a portion of future hangar demand will be met
through the inventory of hangar sites currently available and potentially through future
development of leased lands. However, since it is difficult to predict what portion of future
demand will be accommodated in the leased areas, it is appropriate to evaluate development
options for the areas currently available for development by the Airport. This approach ensures
that planning will be in place for airport management to effectively respond to a wide range of
facility needs as they occur.
Evaluation Process
Creating preliminary alternatives represents the first step in a multi -step process that leads to
the selection of a preferred alternative. The preliminary alternatives will be evaluated to identify
general preferences for both individual items and the overall concepts being presented. The
process will allow the widest range of ideas to be considered and the most effective facility
development concept to be defined. From this evaluation process, elements of a preferred
alternative will emerge that can best accommodate all required facility improvements. The
Consultant will integrate these items into a draft preferred alternative that will be reviewed and
refined as the City proceeds through the process of selecting a final preferred development
alternative for Bend Municipal Airport. Throughout this process, public input and coordination
with the FAA will help shape the preferred alternative.
Once the preferred alternative is selected by the City, a detailed capital improvement program
will be created that identifies and prioritizes specific projects that can be implemented. The
elements of the preferred alternative will be integrated into the updated airport layout plan
(ALP) drawings that will be used to guide future improvements at the airport.
A description of the Preferred Alternative is provided at the end of this chapter. Figure 7-11
depicts the preferred alternative.
No -Action Alternative
Exhibit A — ORDINANCE 2016-010 (Bend Airport Master Plan Update)
In addition to proactive options that are designed to respond to future facility needs, a "no -
action" option also exists, in which the City may choose to maintain existing facilities and
capabilities without investing in facility upgrades or expansion to address future demand. The
existing airfield configuration would remain unchanged from its present configuration and the
airport would essentially be operated in a "maintenance -only" mode.
The primary result of this alternative would be the inability of the airport to accommodate
forecast aviation demand beyond current facility capabilities. Future aviation activity would
eventually be constrained by the capacity, safety and operational limits of the existing airport
facilities.
The no -action alternative concept establishes a baseline from which the action alternatives can
be developed and compared. The purpose and need for the action alternatives is defined by the
findings of the forecasts and facilities requirements analyses. Forecast aviation activity and the
factors associated with increased activity (potential for congestion, safety, etc.) are the
underlying rationale for making facility improvements. Market factors (demand) effectively
determine the level and pace of private investment (hangar construction, business relocation to
the airport, etc.) at an airport. Public investment in facilities is driven by safety, capacity and the
need to operate an airport on a financially sustainable basis.
Based on the factors noted above, the no -action alternative is inconsistent with the
management and development policies of the City of Bend and its long-established commitment
to provide a safe and efficient public air transportation facility that is socially, environmentally,
and economically sustainable.
Preliminary Development Alternatives
The primary facility needs identified in the facility requirements analysis include runway length,
aircraft parking and aircraft hangars. Other items such as fencing, lighting improvements, minor
roadway extensions, vehicle parking and pavement maintenance do not typically require an
alternatives analysis and will be incorporated into the preferred development alternative. The
preliminary alternatives have been organized into three groups to address these broad needs
and other related needs:
• Airside (Runway/Taxiway) Development Options
• West Terminal Apron Reconfiguration Options
• East Landside Development Options
The helicopter landing area siting analysis presented in Chapter Six identified three potential
sites on the east side of the airport for locating a new helicopter landing area and helicopter
parking/hangars. These sites have been incorporated into the East Landside Development
Exhibit A — ORDINANCE 2016-010 (Bend Airport Master Plan Update)
Options. The helicopter facilities are being planned to provide an independent landing area that
can operate simultaneously with Runway 16/34. The helicopter facilities also include a taxiway
connection to the runway -taxiway system to facilitate aircraft movement between the facilities.
The preliminary development alternatives are described below with graphic depictions (Figures
7-1 through 7-10) provided to illustrate the key elements of each alternative. The preliminary
alternatives are intended to facilitate a discussion and evaluation about the best path to meet
the facility needs of the airport.
Runway/Taxiway (Airside) Options
The main component of the airside development options is a 1,060 -foot extension of Runway
16/34 that would increase the current runway length of 5,200 feet to 6,260 feet. As noted in the
Facility Requirements analysis, 6,260 feet was identified in the FAA's runway length model as
the length required at Bend Municipal Airport to accommodate 75 percent of the large general
aviation airplane fleet at a 60 percent useful load (see Chapter Five for detailed runway length
evaluation).
The FAA divides the general aviation Targe airplane fleet (aircraft weighing less than 60,000
pounds) into two groups (75 percent and 100 percent of the fleet) based on aircraft
performance characteristics. The 75 percent segment includes a variety of small and medium
business jets including several models similar the design aircraft (Citation Bravo, Excel, Encore);
the Cessna Sovereign; Bombardier Challenger 300; Falcon 10, 20, 50; IAI/Jet Commander 1123,
1124; Learjet 20, 30 series, 45; and Hawker 400, 600. The 100 percent segment includes these
aircraft and a variety of large business jets such as the Cessna Citation X; Learjet 50 and 60
series; Gulfstream 350 to 650 models; Falcon 900; and Challenger Global Express. These aircraft
are designed for high speed, extended range flights and have runway length requirements
comparable to narrow body transport airliners.
Based on FAA criteria, the 75 percent of the fleet at 60 percent useful load segment is most
consistent with current and forecast activity for Bend Municipal Airport. The FAA mode!
defines runway length requirements for use in airport planning that reflect the variety of aircraft
and operational configuration within the specific segment of the fleet. Individual aircraft
requirements will vary, particularly with heavier operating weights and higher temperatures.
However, the FAA recommends planning based on the needs of the family of design aircraft
rather one specific aircraft to avoid making facility improvements based on the needs of a single
aircraft at an airport.
As noted in the facility requirements chapter, the FAA requires justification for all FAA -funded
runway extensions. Typically, documentation of a minimum 500 annual itinerant operations by
aircraft that are constrained by the existing runway length is required to meet the FAA's
"substantial use" threshold for funding. Local pilots operating turbine aircraft on Runway 16/34
4
Exhibit A — ORDINANCE 2016-010 (Bend Airport Master Plan Update)
report weight -limited or time of day restricted takeoffs during warmer months; the airport's
fixed base operator (FBO) indicates that several business jet operators use Roberts Field in
Redmond during the summer months due to limited runway length at Bend Municipal Airport.
The existing level of operational constraints combined with the number of locally based and
transient business jet operations generated by aircraft within the design aircraft family suggests
that the demand for longer runway currently exists and will increase in the future based on the
updated aviation activity forecasts.
It is noted that Bend's relatively high airfield elevation (3,460 feet above mean sea level)
requires a significantly longer runway than is needed for airports at lower elevations. For
example, under the same conditions and aircraft use assumptions, the runway length required
at Eugene, Salem, North Bend, Aurora, and Hillsboro ranges from 5,300 feet to 5,360 feet,
compared to 6,260 feet in Bend.
Airside Option A (North Runway Extension)
Airside Option A (see Figure 7-1) locates a 1,060 -foot runway/taxiway extension at the north
end of Runway 16/34. The runway extension extends north of the Powell Butte Highway on
airport property. This option requires relocation/realignment of the Powell Butte Highway
beyond the future runway end to clear the Runway 16 approach surface and the protected
areas beyond the end of the runway (runway safety area, object free area, etc.).
The conceptual realignment of the highway depicted in Option A extends approximately 1.2
miles before reconnecting with the existing highway, east of McGrath Road. The actual
alignment of the highway will depend on property acquisition and highway design requirements.
A new McGrath Road -Powell Butte Highway intersection would be created approximately 1/3 -
mile northwest of the existing intersection. The section of existing Powell Butte Highway located
between the east airport property line and the beginning of the new roadway alignment on the
west side of the runway would be closed to accommodate the runway extension. The highway
realignment accommodates vehicles without penetrating the 34:1 nonprecision instrument
approach surface for the future Runway 16. The roadway is located entirely outside the future
runway protection zone (RPZ) for Runway 16, which is recommended by FAA for safety.
The north runway and parallel taxiway extension does not require property acquisition although
the section of the highway that extends beyond the northeast corner of the airport would
require right-of-way acquisition.
The realignment of the highway also provides an opportunity to extend the existing west
landside area beyond the current north end of the runway to significantly increase the Airport's
current hangar and aviation related development capacity.
Exhibit A — ORDINANCE 2016-010 (Bend Airport Master Plan Update)
Further evaluation of land use, environmental conditions and property ownership will be
performed if this development concept is selected for further consideration.
Airside Option B (South Runway Extension)
Airside Option B (see Figure 7-2) locates the 1,060 -foot runway/taxiway extension at the south
end of Runway 16/34, north of Nelson Road. A conceptual realignment of Nelson Road
approximately 1,500 feet south of its existing connection with the Powell Butte Highway is
depicted to illustrate the clearing requirements for runway and its protected areas. Option B
requires realignment of Nelson Road to clear a 34:1 non precision instrument approach surface
for the future Runway 34. The actual roadway alignment will depend on property acquisition,
the configuration of individual land parcels, and highway design requirements. Airside Option B
would require acquisition of property (approximately 17 acres) to accommodate the
runway/taxiway extension, the Runway 34 RPZ and the right of way for the roadway.
Further evaluation of land use, environmental conditions and property ownership will be
performed if this development concept is selected for further consideration.
Airside Option C (Split South/North Runway Extension)
Airside Option C (see Figure 7-3) divides the 1,060 -foot runway/taxiway extension into two 530 -
foot extensions at both ends of Runway 16/34. Although dividing runway extensions into
smaller separate segments is generally not ideal based on the increased costs typically
associated with two construction areas, the option provides additional flexibility which could
reduce construction costs at the north end of the runway where terrain variation is a factor.
Option C does not require realignment of Nelson Road to clear a 34:1 non precision instrument
approach surface for the future Runway 34. However, control of the future Runway Protection
Zone (RPZ) for Runway 34 would be required either through acquisition of a navigation (air)
easement or purchase of the land. The south extension of the runway and parallel taxiways will
require approximately 9 acres of property acquisition to accommodate the east parallel taxiway
and the lateral taxiway clearances. Option C maintains the proposed realignment of the Powell
Butte Highway from Option A to provide a clear approach, clearance from the RPZ and
additional west side hangar development at the north end of airport property.
Further evaluation of land use, environmental conditions and property ownership will be
performed if this development concept is selected for further consideration.
6
Exhibit A — ORDINANCE 2016-010 (Bend Airport Master Plan Update)
INSERT FIGURES
Figure 7-1
Exhibit A ORDINANCE 2016-010 (Bend Airport Master Plan Update)
Figure 7-2
Exhibit A — ORDINANCE 2016-010 (Bend Airport Master Plan Update)
Figure 7-3
Exhibit A ORDINANCE 2016-010 (Bend Airport Master Plan Update)
West Apron Reconfiguration Options
As noted in the facility requirements analysis, several needs were identified related to the
existing west terminal area to be addressed in the evaluation of alternatives:
• Apron Taxilane Clearances (non-standard clearances to parked aircraft, fueling, etc.)
• Small Aircraft Parking (configuration and capacity)
• Business Aircraft Parking (configuration and capacity)
• Helicopter Parking (dedicated parking for helicopter)
• Aircraft Fueling Area (clearance from apron taxilanes, apron congestion, expansion)
• Expanded Vehicle Parking
• Restrooms (to replace portable toilets)
Based on the forecasts of aviation demand and projected aircraft parking and hangar demands,
it is recognized that the west landside area has limited capacity available to meet these needs.
In addition, the relocation of the west parallel taxiway and reconfiguration of the west apron to
meet FAA taxilane clearance design standards will reduce existing capacity. These factors will
eventually require additional landside capacity to be developed on the east side of the runway.
The focus of the west apron options is to reconfigure the apron to maximize its efficiency for
business and general aviation activity while recognizing the limits of the site and minimizing
impacts on existing buildings. The apron reconfiguration extends from the aviation fuel
storage/dispensing area to the taxilane located at the south end of the apron.
It is noted that in conjunction with the planned relocation of the west parallel taxiway and
expansion of helicopter parking, approximately 25 additional aircraft tiedowns are being
planned in the area north of the aircraft fueling station and near the north end of the
runway/west parallel taxiway to offset a reduction in small airplane tiedown capacity on the
west apron.
Options for replacing portable toilets with permanent restroom facilities in the hangar area will
be evaluated including use of corner units in city -owned T -hangars north and south of the west
apron.
West Apron Reconfiguration Option A
West Apron Reconfiguration Option A (see Figure 7-4) reconfigures the existing apron to
address large and small fixed wing aircraft parking. This option assumes that existing helicopter
parking would be relocated to the east side of the airfield in conjunction with the development
of a dedicated helicopter landing area.
10
Exhibit A — ORDINANCE 2016-010 (Bend Airport Master Plan Update)
Taxilanes/Taxiways
A north -south taxilane (ADG II) is established along the rear section of the apron to provide
access to large aircraft parking areas and all terminal area facilities. An unobstructed 115 -foot
ADG II taxilane object free area is provided through the apron with three ADG II taxilane
connections to the relocated west parallel taxiway. ADG I taxilanes are provided between small
airplane tiedown rows.
Aircraft Parking
Four business aircraft (ADG II) drive-through parking positions are located on the east side of the
main apron taxilane, directly in front of the fixed base operator (FBO)/terminal building. The
business aircraft parking positions are accessible directly from the parallel taxiway or from the
apron taxilane. Three multi -engine aircraft drive-through parking positions are located near the
north end of the apron. These positions would typically accommodate multi -engine piston and
turboprop aircraft and smaller business jets (ADG 1 and smaller ADG 11 aircraft). The apron
reconfiguration includes five rows of small airplane tiedowns in the south section of the apron
(35 north/south facing tiedowns). These tiedowns are intended to serve locally based and
itinerant aircraft. As currently depicted, the south tiedown rows have taxilane connections to
the parallel taxiway to improve aircraft movement and flow.
Option A provides 4 business aircraft drive-through parking positions, 3 multi -engine parking
positions, and 35 small airplane tiedowns on the west apron.
Aircraft Fueling Area
The existing aircraft fuel storage and dispensing area is expanded to increase the size of the bulk
storage area and the number of aircraft that can be accommodated. Developing common use
bulk fuel storage areas on the west and east side of the airfield is recommended to contain
potential fuel spills and fire hazard.
West Apron Reconfiguration Option B
West Apron Reconfiguration Option A (see Figure 7-5) also reconfigures the existing apron to
address large and small fixed wing aircraft parking and existing helicopter parking would be
relocated to the east side of the airfield in conjunction with the development of a dedicated
helicopter landing area.
Taxilanes/Taxiways
A north -south taxilane (ADG II) is established along the rear section of the apron to provide
access to large aircraft parking areas and all terminal area facilities. An unobstructed 115 -foot
ADG 11 taxilane object free area is provided through the apron with four ADG II taxilane
connections to the relocated west parallel taxiway. The alignment of the ADG 11 taxilane differs
11
Exhibit A — ORDINANCE 2016-010 (Bend Airport Master Plan Update)
slightly from Option A to accommodate two rows of north/south facing aircraft parking near the
north end of the apron. ADG I taxilanes are provided between small airplane tiedown rows and
parking positions.
Aircraft Parking
Three business aircraft (ADG 11) drive-through parking positions are located on the east side of
the main apron taxilane, directly in front of the fixed base operator (FBO)/terminal building. The
business aircraft parking positions are accessible directly from the parallel taxiway or from the
apron taxilane. Two multi -engine aircraft drive-through parking positions are located near the
north end of the apron. These positions would accommodate multi -engine piston and turboprop
aircraft and smaller business jets (ADG I). The apron reconfiguration includes two rows of small
airplane tiedowns in the south section of the apron. The outer row (nearest the parallel taxiway)
is configured with approximately 21 east/west facing tiedowns. The back row of tiedowns is
configured with approximately 11 east facing tiedowns. The rear tiedown row is limited by the
taxilane that extends along the back of the apron. These tiedowns are intended to serve locally
based and itinerant aircraft.
Option B provides 3 business aircraft drive-through parking positions, 2 mufti -engine parking
positions, and 36 small airplane tiedowns within the west apron area.
Aircraft Fueling Area
No change from Option A.
West Apron Reconfiguration Option C
West Apron Reconfiguration Option C (see Figure 7-6) reconfigures the existing apron to
address large and small fixed wing aircraft parking and maintains limited helicopter parking on
the west apron.
Taxilanes/Taxiways
The north -south apron taxilane (ADG II) depicted in Option B is unchanged in Option C.
However, Option C includes changes in ADG I taxilane configurations based on different aircraft
and helicopter parking configurations.
Aircraft Parking
The fixed wing aircraft parking in the northern section of the apron depicted in Option B is
unchanged in Option C. However, Option C provides two rows of north/south facing tiedowns
(14 positions) south of the business aircraft parking, and approximately 12 small helicopter
parking positions at the south end of the apron. The primary limitation with this option is a
reduction in the number of small airplane tiedowns on the west apron, which will require
additional tiedown capacity to be provided elsewhere on the airport.
12
Exhibit A — ORDINANCE 2016-010 (Bend Airport Master Plan Update)
Option C provides 3 business aircraft drive-through parking positions, 2 multi -engine parking
positions, 19 small airplane tiedowns and 12 helicopter parking positions within the west apron
area.
Aircraft Fueling Area
No change from Option A.
13
Exhibit A — ORDINANCE 2016-010 (Bend Airport Master Plan Update)
Insert Figures
Figure 7-4
14
Exhibit A ORDINANCE 2016-010 (Bend Airport Master Plan Update)
Figure 7-5
Exhibit A — ORDINANCE 2016-010 (Bend Airport Master Plan Update)
Figure 7-6
Exhibit A — ORDINANCE 2016-010 (Bend Airport Master Plan Update)
Air Traffic Control Tower Site Options
An air traffic control tower feasibility study conducted for Bend Municipal Airport in 2008
identified three potential locations for siting a new air traffic control tower. The study identified
two potential sites on the east side of Runway 16/34 and one site on the west side of the
runway. The east sites are located in areas that are currently undeveloped; the west site is
located on the west apron. Figure 7-7 depicts the proposed locations for the control tower.
The study evaluated the ability to obtain a clear visual line of sight from each of the tower sites.
The primary factors in evaluating line of sight are the height of the air traffic control tower cab
and the height of objects located within the line of sight established between the tower and the
runway -taxiway system. Higher elevation towers are typically required at larger airports
requiring longer sight distances or when additional vertical clearance is required to clear taller
buildings within the line of sight.
Based on current FAA security requirements for control towers, a secure compound with
controlled public access is required. Locating the tower on the west apron would require
extending vehicle access to the site from the existing west frontage road and modification of
existing aircraft taxilane access on the apron. Figure 7-7 provides a conceptual site configuration
detail for this area. If the west apron tower site was determined to be the preferred site, the
tower compound and access roadway would need to be incorporated into to the west apron
reconfiguration options. An alternative approach would be to consider constructing a control
tower along the back of the apron by redeveloping an existing hangar site. If a site on the east
side of the airport is selected, the facility would need to be integrated into new facility
development plans.
An updated control tower siting analysis may be required to reflect potential new development
in the northeast corner of the airport, a future runway extension and a new helicopter landing
area. As noted above, the overall distances involved and the height of buildings (hangars)
located between the control tower sites and the aircraft operational areas are primary factors in
determining the height of the tower.
17
Exhibit A - ORDINANCE 2016-010 (Bend Airport Master Plan Update)
Figure 7-7
Exhibit A — ORDINANCE 2016-010 (Bend Airport Master Plan Update)
East Landside Development Options
As noted earlier, the remaining available capacity of the west landside area is limited and is
nearing full build -out. Although developing some additional capacity on the west side of the
runway is possible in conjunction with the potential runway extension options or infill
(redevelopment), the existing developable area is very limited. For this reason, the majority of
future landside facility demands will need to be accommodated on the east side of the airfield:
• Small Aircraft Parking
• Business Aircraft Parking
• Fixed Base Operator Lease Area
• Aircraft Hangars (storage and commercial)
• Helicopter Parking and Landing Pads
• Aircraft Fueling Storage and Dispensing Area
• Vehicle Parking and Access
The Airport's east landside development area provides substantial unused capacity and
sufficient acreage to accommodate long-term forecast demand. However, as noted at the
beginning of this chapter, three large areas of land on the east side of airport have been leased
for future private development of aviation facilities (see Figure 7-8). The leases significantly
reduce the amount of "uncommitted" development area for new facility development. While
the leased areas have the ability to accommodate a substantial portion of future landside
demand, the Airport does not specifically control how or when new facilities will be constructed.
For this reason, the Airport's long term development strategy needs to include the use of the
remaining land areas for aircraft parking, helicopter landing area facilities, vehicle parking,
access roads, and specific hangar demand that is not met within the private development areas.
In the event that either of the two undeveloped leased areas revert back to the airport without
being fully developed, they should be integrated into the preferred development alternative
configuration selected for the east landside area.
19
Exhibit A — ORDINANCE 2016-010 (Bend Airport Master Plan Update)
Figure 7-8 (aviation lease boundaries - east side of airport)
Exhibit A — ORDINANCE 2016-010 (Bend Airport Master Plan Update)
East Landside Development Option A
East Landside Development Option A (see Figure 7-9) uses the north and south sections of
available land to accommodate future fixed -wing and helicopter facilities. Extensions of surface
access and utilities would be required to serve these areas.
South Section
Option A locates new fixed wing facilities in the south section between the existing Aero
Facilities hangar complex and the undeveloped leased parcel north of the Cessna lease.
The conceptual development includes an aircraft parking apron with 6 business aircraft drive-
through parking positions and 26 small airplane tiedowns. The area includes an FBO lease area
capable of accommodating a general aviation terminal, commercial hangars, and common use
aircraft fueling areas. A vehicle parking area is located adjacent to the FBO and hangar facilities.
A commercial hangar area is located along the access road, south of the Epic/LT hangar. These
hangars are similar in size to the commercial hangars located near the north end of the west
landside area.
North Section
The north section of the development area accommodates future helicopter facilities, including
two landing pads, access taxiways, helicopter parking and hangar facilities (see Chapter Six for
helicopter facility details). This area would accommodate either of the two northern helicopter
pad locations identified in the helicopter landing area siting evaluation with the helicopter
landside facilities located to the east or west of the landing pads. The helicopter facilities would
have a separate taxiway connection to the east parallel taxiway to facilitate taxiing of wheel -
equipped helicopters and for hover taxiing of other helicopters.
Space for a second FBO and aircraft parking apron is provided adjacent to the helicopter
facilities to accommodate fixed wing aircraft parking. Five hangar rows are located south of the
helicopter facilities with taxiway access provided along the southern edge of the development
area. As currently depicted there are five T -hangars (approximately 50 aircraft capacity),
although the rows could also accommodate rectangular multi -unit hangars or individual
hangars.
The AWOS (airport weather station) 500 -foot radius clear area limits development of structures
and aircraft parking in the north section.
Figure 7-9 (east landside option A)
Exhibit A — ORDINANCE 2016-010 (Bend Airport Master Plan Update)
21
East Landside Development Option B
East Landside Development Option B (see Figure 7-10) also uses the north and south sections
of available land to accommodate future fixed -wing and helicopter facilities. Extensions of
surface access and utilities would be required to serve these areas.
South Section
Option B locates new helicopter facilities in the south section between the existing Aero
Facilities hangar complex and the undeveloped leased parcel north of the Cessna lease. The
helicopter landing pads and landside facilities are similar to Option A, and includes two landing
pads, access taxiways, helicopter parking and hangar facilities (see Chapter Six for helicopter
facility details). This area would accommodate the southern helicopter pad location identified in
the helicopter landing area siting evaluation with the helicopter Iandside facilities located
between the landing pads and the east parallel taxiway. The helicopter facilities would have a
taxiway connection to the east parallel taxiway to facilitate taxiing of wheel equipped
helicopters and for hover taxiing of other helicopters.
North Section
The conceptual development includes an aircraft parking apron with 7 business aircraft drive-
through parking positions and approximately 80 small airplane tiedowns. The area includes an
FBO lease area capable of accommodating a general aviation terminal, commercial hangars, and
common use aircraft fueling areas. Vehicle parking is located adjacent to the FBO and hangar
facilities. A commercial hangar area is located along the access road serving the area. These
hangars are similar in size to the commercial hangars located near the north end of the west
Iandside area.
Four hangar rows are located along the taxiway that would extend from the east parallel
taxiway to the FBO area and aircraft parking apron. As currently depicted there are four T -
hangars (approximately 20 aircraft capacity), although the rows could also accommodate
rectangular multi -unit hangars or individual hangars.
The AWOS (airport weather station) 500 -foot radius clear area limits development of structures
and aircraft parking in the north section. All proposed Iandside development is located beyond
the clear area.
22
Exhibit A — ORDINANCE 2016-010 (Bend Airport Master Plan Update)
Figure 7-10 (east landside option B)
Figure 7-11 (preferred alternatives)
Exhibit A — ORDINANCE 2016-010 (Bend Airport Master Plan Update)
Preferred Development Alternative
The preliminary development alternatives, presented earlier in the chapter, were designed to
accommodate the forecast aviation demand and the corresponding facility requirements for
Bend Municipal Airport described in Chapters 4 and 5 for the twenty year planning period
(2011-2030).
24
Exhibit A — ORDINANCE 2016-010 (Bend Airport Master Plan Update)
The draft development alternatives and helicopter landing area siting study chapters were
presented to the Master Plan Technical Advisory Committee (TAC) and the general public at TAC
meetings held in June and August, 2011. The draft documents were also submitted to FAA for
review and comment. Based on input provided by the TAC, FAA, public, and city staff the
elements of the preferred alternative were formed. The Consultant made a presentation to a
joint study session of the Bend City Council and the Deschutes County Board of County
Commissioners on September 7, 2011.
The elements of the preferred alternative have been incorporated into the draft Airport Layout
Plan (ALP) and Capital Improvement Program to allow further review and refinement. Figure 7-
11, presented at the end of the chapter, depicts the overall airfield configuration and the
elements of the preferred alternative. Below is a short summary of key items:
Runway 16/34
Based on the operational requirements of the design aircraft, three options were presented to
increase the length of Runway 16/34 from 5,200 feet to 6,250 feet. The proposed increase in
runway length is needed to accommodate current and forecast business aircraft activity at the
airport. Options included a north extension, south extension, and a combination of two shorter
north and south extensions.
Through the review of the preliminary alternatives, a consensus emerged that the north runway
extension option was preferred despite requiring a realignment of Powell Butte Highway north
of the airport and constructing two crossings of a Trans -Canada natural gas transmission line for
the realigned runway. Although the cost of these project elements are significant, it was
reasoned that expanding the airfield northward, away from the more populated areas between
Bend and the airport, provided significant land use compatibility benefits. The north runway
extension and its protected areas can be accommodated on existing airport property, although
right of way acquisition for the realigned highway will be required. The agricultural lands in the
north runway extension area are not irrigated and therefore have a lower value than irrigated
agricultural lands to the south. A major consideration in the evaluation was land use, particularly
the very low density of land use to the north compared to the south. It is anticipated that the
conceptual realignment for the Powell Butte Highway depicted in the preferred alternative will
be refined based on design and right of way considerations.
The realignment of Powell Butte Highway along the airport's western and northern property
boundaries also provides an opportunity for limited new hangar development space on the west
side of the runway. The natural gas pipeline right-of-way and the instrument approach and
departure surfaces extending north of the runway limit development, however, none of the
airport property located north of the existing highway alignment is currently accessible for
aircraft -related use.
25
Exhibit A — ORDINANCE 2016-010 (Bend Airport Master Plan Update)
Parallel Taxiways
The west parallel taxiway (Alpha) is planned for relocation and widening in 2012 to meet FAA
design standards. The new taxiway will be shifted approximately 15 feet west of its current
location (300 feet west of runway centerline) and constructed at a width of 35 feet. The
interface between the new parallel taxiway and the adjacent main apron will be modified as
part of the project.
The east and west parallel taxiways will also be extended in conjunction with the future north
runway extension.
Main Apron (West Landside Area)
The relocation of the west parallel taxiway noted above requires a reconfiguration of the west
apron to accommodate the relocated aircraft parking line (required setback from the taxiway).
The helicopter parking area will be shifted slightly westward to accommodate the new parallel
taxiway and expanded to 12 positions. The existing row of 16 small airplane tiedowns located
west of the helicopter parking area and 7 tiedown positions along the outer edge of the apron
will be eliminated and replaced with 27 new small airplane tiedowns north of the aircraft fuel
area and further north, near the northwest aircraft hangar area. The current aircraft parking
capacity on the main apron is 60 fixed wing aircraft and 8 small helicopters. The 2012 project
will result in 64 fixed wing parking positions and 12 small helicopter parking positions.
Beyond, 2012, the future configuration of the west apron incorporates a row of drive-through
parking positions for business aircraft near the general aviation terminal and reconfiguration of
small aircraft tiedown rows. It is anticipated that the reconfiguration will coincide with apron
rehabilitation/reconstruction and would involve strengthening of apron and taxilane pavements
used by large aircraft. As currently proposed, the future configuration of the west apron
provides 74 small airplane tiedowns and space for approximately 4 to 6 business aircraft. All
reconfigured taxilanes on the west apron will meet FAA design standards.
The long term configuration assumes that the existing helicopter parking will be relocated to the
east side of the airport, adjacent to a new helicopter landing area and fixed base operator (FBO)
development area. However, in the event that the helicopter parking is not relocated, additional
space for new fixed wing parking apron is provided on the east side of the runway.
Aircraft Fueling
An expansion reserve is proposed for the aircraft fueling area near the north end of the west
apron. The reserve would allow for additional aircraft fueling positions to be located to the east
26
Exhibit A — ORDINANCE 2016-010 (Bend Airport Master Plan Update)
or north of the existing tanks with additional fuel pumps. Additional fuel tanks could also be
accommodated north of the existing tanks.
A bulk aviation fuel storage area is identified on the east side of the airfield to support future
east landside activity. The area is intended to provide a common storage area which can be
accessed by airport fuel vendors operating fuel trucks.
Helicopter Landing Area and Landside Facilities
Based on the evaluation of proposed helicopter landing area sites on the east side of the
runway, the site located nearest the runway (700 feet east of runway centerline) at the north
end of airport property was selected as the most feasible. The proposed site near mid -runway
was considered less desirable due to the relatively close proximity of airport buildings to north
and south; the second northern site, located near the east airport property line was not favored
over concerns about shifting the helicopter traffic pattern further east, over identified noise -
sensitive off -airport areas. The proposed location shows one landing pad on the airport and a
second landing pad located 600 feet north, on property currently owned by Deschutes County. If
the county property is not acquired, the second pad could be constructed on the south of initial
pad. It is anticipated that the helicopter pads will provide a designated operational area for
flight training that can be effectively managed between the airport, flight operators and air
traffic control if a tower is established.
A helicopter parking apron and landside lease area is located east of the landing pads. The
parking apron and landing pads are connected to the east parallel taxiway with a series of
taxiways that will accommodate helicopter ground taxiing and hover -taxiing. The conceptual
parking configuration includes 18 small helicopter parking spaces and 4 medium/large
helicopter parking spaces that can be constructed in phases based on demand.
East Landside Area
Proposed landside improvements on the east side of the airport include an aircraft parking
apron, commercial lease area (fixed base operators, aircraft maintenance, etc.), an aircraft
fueling and fuel storage area, vehicle parking, access road extensions, and lease space for T -
hangars and conventional hangars. The area is also identified as a potential site for locating a
new air traffic control tower.
The primary development area is located immediately south of the existing Aero Facilities
hangar complex and immediately north of a large leased area, north of the Cessna site. The
proposed configuration provides 6 business aircraft drive-through positions and 26 small
airplane tiedowns; additional space is provided for passenger loading/unloading in front of the
FBO buildings. The development provides lease area for 5 or 6 medium/large conventional
hangars that are accessed by a taxilane that extends through the south end of the apron from
27
Exhibit A — ORDINANCE 2016-010 (Bend Airport Master Plan Update)
the east parallel taxiway. The proposed landside development capacity could effectively be
doubled by mirroring the development in the leased area immediately to the south.
A future development area for T -hangars or small conventional hangars is located in the
northeast section of the airport. Four T -hangars (15/16 -units each) are currently depicted with
dedicated taxilane access to the east parallel taxiway. However, groupings of smaller (6/8 -unit)
T -hangars or conventional hangars, and additional hangar rows can also be accommodated
depending on market demand.
Aircraft apron and hangar reserves are identified north of the Aero Facilities complex (south and
east of AWOS clear area). An apron reserve is identified immediately west of the proposed T -
hangar area to provide convenient runway -taxiway access for aircraft parking, similar to the
proposed apron located on the south side of Aero Facilities.
Property Acquisition
During the evaluation of airport needs, two separate land areas were identified as having
potential for airport use. A large parcel of property owned by Deschutes County is located
immediately adjacent to the northeast corner of the airport. The portion of the parcel bordered
by Powell Butte Highway and McGrath Road is located directly adjacent to proposed east
landside facilities and a northeast airport access roadway connection to McGrath Road.
A second area of potential property acquisition is located immediately adjacent to the south end
of the airport. It is anticipated that the privately -owned property (2 parcels) may become
available for sale. The property is located north of Nelson Road and adjacent to the south
airport property line. The property currently accommodates a residence and several out
buildings. If added to the airport, a portion of the property could accommodate aviation related
development. In its current agricultural zoning, the property can accommodate limited
residential use, which is not compatible with airport operations due to its close proximity to the
south end of Runway 16/34. Previous efforts to change the zoning to allow airport related uses
have not been supported by the City of Bend due to concerns about potential conflicts with FAA
through -the -fence policies.
The proposed realignment of the Powell Butte Highway will require acquisition of right-of-way
for the section of roadway that would extend east of the airport. The property consists of
undeveloped range land in federal Bureau of Land Management (BLM) ownership.
28
Exhibit A — ORDINANCE 2016-010 (Bend Airport Master Plan Update)
DECISION OF THE DESCHUTES COUNTY HEARINGS OFFICER
FILE NUMBER: 247 -16 -000016 -PA
APPLICANT:
REQUEST:
Erik King, City Manager
City of Bend
P.O. Box 431
Bend, OR 97709
Approval of a plan amendment to rescind the 2002 Bend Airport
Master Plan (BAMP) and only adopt from the 2013 BAMP Chapter
7 and Sheets 2 (Airport Data), 3 (Airport Layout Plan), and 11
(Noise Contours), and amend the text in the Deschutes County
Comprehensive Plan in Section 3.4 and the County Transportation
System Plan (TSP) in Sections 2.1, 2.2, 4.3, and 5.6.
STAFF CONTACT: Peter Russell, Senior Planner
HEARING DATE: April 12, 2016
RECORD CLOSED: May 10, 2016
I. STANDARDS AND APPLICABLE CRITERIA:
Title 22, Deschutes County Development Procedures
Title 23, Deschutes County Comprehensive Plan
Deschutes County Transportation System Plan
Oregon Revised Statute 836, Airports and Landing Fields
Oregon Administrative Rule 660-012, Transportation Planning Rule
Oregon Administrative Rule, 660-013, Airport Planning
Oregon Aviation Plan
Statewide Planning Goals
II. FINDINGS OF FACT:
A. Location: The Bend Municipal Airport is located at 63210 Powell Butte Highway and
the subject properties are further identified as Assessor's Map 17-13-17, Tax Lot 200 and
17-13-20, Tax Lot 401.
B. Zoning and Plan Designation: The subject property is zoned Airport Development (A-
D) with the following districts: Airfield Operations District (AOD), Aviation Support
247 -16 -000016 -PA, BAMP 1
District (ASD), and Aviation -Related Industrial District (ARID). The Deschutes County
Comprehensive Plan designates the land as A -D.
C. Site Description: The approximately 420 acres lie roughly east and south of Powell
Butte Highway, west of McGrath Road, and north of Nelson Road. A smaller rectangular
portion of the Bend Airport extends north of Powell Butte Highway.
D. Surrounding Zoning and Land Uses: To the north arc large swaths of Exclusive Farm
Use (EFU), mostly in public ownership, to the east is a mix of EFU and Multiple Use
Agriculture (MUA-10), including a residential area known as Cimarron City. To the
south lies more EFU and MUA-10 and to the west is almost evenly split between EFU
and MUA-10. The most densely populated lands around the airport are to the immediate
west and east.
E. Proposed Plan Amendment: The City of Bend proposes the County rescind the 2002
BAMP and replace it by only adopting Chapter 7 and Sheets 2 (Airport Data Sheet),
Sheet 3 (Airport Layout Plan or ALP), and Sheet 11 (Noise Contours) from the 2013
Bend Airport Master Plan (BAMP). While the entire BAMP is attached to the
application as Exhibit C, the remainder of the BAMP is not adopted by the County, but
is only provided as a reference document containing information documenting current
and future conditions at the Bend Municipal Airport. Staff utilized the entire BAMP
when preparing these findings.
Plan and/or policy language to be deleted is indicated by strikethrough while new
language is underlined. The application intends to update references in the Deschutes
County Transportation System Plan (TSP) (Exhibit A) and the Deschutes County
Comprehensive Plan (Exhibit B) from the then -current 2002 BAMP to the 2013 BAMP.
The plan amendment also adds text about the intent and purpose of the BAMP, but does
not change any existing TSP policies or goals. The BAMP is a guiding document, rather
than a set of approval criteria for uses allowed outright or conditionally in Deschutes
County Code (DCC) 18.76, Airport Development (A -D).
F. Background: The City of Bend has owned the land for the airport since 1942. The size
of the airport has increased from its original 120 acres to the current approximately 420
acres. The Federal Aviation Administration (FAA) requires airports to periodically
update their master plans to define current, short-term and long-term needs. The City did
its first comprehensive airport master plan in 1979. The airport master plan has been
updated in 1994 and again in 2002. Growth in population in the area, as well as a
dramatic increase in airport operations, has led to this most recent update of the BAMP.
The latest BAMP is the result of several years of technical analysis regarding potential
usage by type and volume of aircraft, projected takeoffs and landings, operational and
infrastructure needs, and outreach to airport users and businesses as well as public
involvement with near -by residents.
While the City owns the Bend Municipal Airport, the land on which the airport lies is
under the land use and zoning authority of Deschutes County. Therefore, when the Bend
247 -16 -000016 -PA, BAMP 2
City Council adopted in October 2013 the latest BAMP approved by the FAA, thc City
needed to amend the Deschutes County Comprehensive Plan and the Deschutes County
Transportation System Plan (TSP), which were last updated in 2010 and 2012,
respectively. This quasi-judicial plan amendment rescinds the 2002 BAMP replacing it
only with Chapter 7 and Sheets 2 (Airport Data), 3 (Airport Layout Plan), and 11 (Noise
Contours) from the 2013 BAMP and updates the relevant references and policies in the
Comprehensive Plan and the TSP.
The quasi-judicial plan amendment does not authorize any new uses at the Bend Airport,
nor does it change any locations of where existing uses now occur on the airport.
Additionally, any new uses at the airport, new locations for existing uses at the airport,
zone changes, or any runway extensions would require additional land use applications to
be submitted to the County for review. Adoption of Chapter 7 of the 2013 BAMP does
not imply future County approval of subsequent land use actions.
G. Land Use -History: The following deals with the macrohistory of planning for the entire
airport itself, rather than an exhaustive listing of the numerous site plans of specific uses.
The Bend Municipal Airport predates Oregon's statewide land use program. The 1979
Bend Airport Master Plan recognized all 340 acres of airport lands had a Comprehensive
Plan designation of Agriculture and were zoned Exclusive Farni Use (EFU). The 1979
BAMP proposed two zones for the airport, Airport Development (A -D) for land use and
Airport Area Overlay to ensure safe operations. Under the EFU zoning any uses
proposed at the airport were reviewed as conditional uses.
BOCC Ord. 80-221 created the A -D zone which designated the outright and conditionally
permitted uses and established various height limits and setbacks.
BOCC Ord. 80-222 granted an Exception to Goal 3 (Agriculture) for the airport as the
identified land was either physically developed with hangars, runways, taxiways, etc., or
was irrevocably committed to airport uses such as approach surfaces and buffering areas
for both safety and noise compatibility, or the area was identified in the 1979 BAMP for
future expansion. Additionally, the City received the land from the federal government
with the provision that the land would be used for an airport.
BOCC Ord. 82-031 adopted a zoning map to rezone from EFU to A -D, repealing Ord.
PL -15. Between 1983 and 1984 the City purchased 20 acres (S1/2 of SW1/4 of NW1/4
of Section 17 of 17S RI 3E) and then 60 acres of NW1/4 of NW/1/4 and N1/2 of SW1/4
of NW1/4 of Section 17 of 17S R13E),
In 1994 the City of Bend updated the BAMP, which staff believes the County followed as
a guiding document in land use decisions, although the City never formally applied to the
County for an adoption of the 1994 BAMP. The 1994 BAMP in Chapter 5 dealt with
land uses at the airport and discussed several zoning districts which later would be
proposed in the 2002 BAMP.
247 -16 -000016 -PA, BAMP 3
BOCC Ord. 2000-017 updated the Deschutes County Comprehensive Plan and created
Title 23 of the Deschutcs County Development Code (DCC). The Bend Airport is dealt
with at DCC 23.44 which reiterated the Goal 3 Exception, but referenced 354 acres. Staff
researched the issue but has not found any definitive answer.
BOCC Ord. 2002-005 simply renumbered the Transportation element of the
Comprehensive Plan to DCC 23.20.40(F); Airports to 23.64.200 and Goal Exceptions to
23.120.
The 2002 BAMP on Page 80 reintroduced the airport districts within the A -D zone of
Airfield Operations (A); Aviation Support (AS); and Aviation Related Industrial (AT).
BOCC Ord. 2003-035 amended the Comprehensive Plan text to incorporate references to
the "1994 Bend Airport Master Plan as amended in 2002." The text restated the County
uses the 1994 BAMP as amended in 2002 as the guiding document when processing land
use applications and added language that improvements to the Bend Municipal Airport
will occur in three phases over the next 20 years. The ordinance implemented PA -03-3
and TA -03-4.
BOCC Ord. 2003-036, which was done in conjunction with Ord. 2003-035, amended the
text of DCC 18.76, the Airport Development (A -D) zone to create 18.76.070, Airfield
Operations District (AOD); 18.76.080 Aviation Support District (ASD); and 18.76.090
Aviation -Related Industrial District (ARID). The ordinance also mapped the A -D zone
and the three new districts.
BOCC Ord. 2014-026 corrected a procedural defect in Ord. 2003-036 in the adoption of
the maps for the A -D zone and the AO, AS, and ARID districts and remedied a
cartographic error regarding the northern end of the A -D zone. The cartographic error
occurred when the County transitioned from paper to electronic maps, resulting in the
northern boundary of the A -D zone being inadvertently pushed to the south. The
ordinance implemented file 247-14-000156-ZC.
H. Procedural History: On February 16, 2016, an initial Notice of Application and a
Notice of Public Hearing were mailed both to public agencies and property owners within
750 feet of the property. The notices identified the affected property, and summarized
the application. While both DCC 22.24.030(A)(1)(b)(2) and 22.24.030(A)(2) require
notice for properties within 250 feet, the County used the 750 -foot requirement of DCC
22.24.030(1)(A)(b)(3) for two reasons. First, even though Bend Airport received an
Exception to Goal 3 (Agriculture), the land was originally zoned EFU, a farm zone,
which uses a 750 -feet notice requirement. Second, there has been much community
interest in the Bend Airport and the EFU and MUA-10 parcels in the area are fairly large,
so 750 feet would reach more property owners than 250 feet. Finally, staff utilized the
list of property owners complied by the City's planning consultant during the public
outreach for the 2013 BAMP. A request for comment as well as notice of the March 29
public hearing were sent on February 29, 2016, to the approximately 360 property owners
247 -16 -000016 -PA, BAMP 4
appearing on the consultant's list. The applicant submitted a Land Use Sign Affidavit
indicating two land use signs were posted on March 2, 2016.
These initial notices did not highlight the proposed rescission of the 2002 BAMP, The
County then sent on March 21 second notices of the application and of an April 12 public
hearing. The second notices specified the removal of the 2002 BAMP and replacing it
with Chapter 7 and Sheets 2 (Airport Data), 3 (Airport Layout Plan), and 11 (Noise
Contours) only; the second notices also retained the previous language about amending
the Comprehensive Ilan and the TSR The March 29 hearing was continued to April 12.
The second notices were sent to the same properties and agencies used in the February 16
and 29 notices.
A public hearing was held on April 12, 2016. The Hearings Officer provided the
statements required by ORS 197.763. There were no ex parte contacts to report, and no
party challenged the Hearings Officer's fitness to conduct the hearing.
Staff provided a PowerPoint presentation that summarized the application.
The applicant's attorney Gary Firestone provided background on the Bend Airport
Master Plan revisions. He explained that the current application only addressed
requested Comprehensive Plan amendments. He also noted that the Federal Aviation
Administration had approved the plan. The proposed amendments to the County
Comprehensive Plan would deal with the land use aspects of the BAMP. He also
explained compliance with OAR 660-013-0040 which in part requires a determination of
compatibility with surrounding uses. He stated that OAR 660-013-0040(5 & 6) allowed
for a change in the configuration or location of existing aircraft operations. Although the
location of the helicopter area and extended runway changed the use configuration, they
are not "new or expanded" uses that trigger compatibility analysis. He pointed to the
BAMP chosen alternative for those uses that minimized their impacts. He also explained
that the FAA requires a noise contour analysis which was done in May 2015 and
accepted.
Several parties testified in opposition to the application. Those arguments fall into the
following categories:
• Helicopter operations at the airport have increased in recent years. The noise
from those operations is disturbing and unnecessarily close to surrounding
properties.
• Nearby residents did not want National Guard helicopters use to increase due to
noise and vibration.
• The noise study done for the application was a computer model only and a
physical study needs to be done for accuracy. The study does not account for
prevailing winds.
247 -16 -000016 -PA, BAMP 5
• Relocation of the helicopter area and changes in the access roads do not minimize
impacts on surrounding properties.
• The airport is incompatible with a rural residential area. Agricultural uses are also
impacted in violation of ORS 215.296.
• The reconfiguration of roads around the airport does not comply with the
Transportation Planning Rule due to new vehicle trips.
Tom Maddox provided testimony that followed written testimony submitted into the
record. His testimony included many of the points identified above. He fundamentally
argued that the full BAMP must be amended into the Comprehensive Plan and that only
including parts of the BAMP would be misleading. He also argued that the proposed
amendment violates Statewide Planning Goals 2, 5, and 12.
Staff responded on the transportation issues. The County's Transportation System Plan
already addresses the changes to Nelson Road. The nearby roads are well within their
level -of -service standards, even considering future changes to the airport.
The applicant responded to some of the opponents' comments. On the issue of National
Guard activities, the airport and City must allow operations due to federal funding
obligations. The City does not have control over those operations. The same is true of
night time operations. As for the access roads to the airport, those changes were
mandated by the City's obligation to plan for future growth of the airport for FAA
compliance. As for the impacts of all aircraft in the air, Mr. Firestone explained that as
soon as any aircraft leaves the ground, the City has absolutely no control over operations
or their related impacts.
At the end of the hearing the Hearings Officer considered requests to leave the record
open. The Hearings Officer set an open record schedule as follows: 1) argument and
evidence from any party could be submitted until April 26, 2016 at 5:00 p.m., 2)
responsive testimony and evidence allowed until May, 3, 2016 at 5:00 p.m., and 3) the
applicant's final argument was due May 10, 2016 by 5:00 p.m. All parties complied with
these deadlines. The applicant filed responsive argument on May 3, 2016, and the record
closed May 10, 2016.
Public Agency Comments: The above notices were sent to Bend Fire Department,
Bureau of band Management (BLM), Central Oregon Irrigation District (COID), Bend
Planning Department, Department of Land Conservation and Development (DLCD),
Deschutes County Road Department, Oregon Department of Transportation (ODOT), and
Oregon Department of Aviation.
COID responded it did not appear to be affected by the land use action and identified a B
Lateral canal with 30 -foot right of way and ditch rider road with 20 -foot -right-of-way on
the property as well as stating 17-13-20 TL 200 has a 2.5 -acre pond water right.
247 -16 -000016 -PA, BAM P 6
III. CONCLUSIONS OF LAW:
HEARINGS OFFICER OVERVIEW:
As explained above, this application seeks amendments to County's TSP and Comprehensive
Plan to the extent necessary to recognize and coordinate with the BAMP. Staff noted, and the
Hearings Officer emphasizes, that adoption of the proposed amendments does not authorize new
uses or cbamze the location of existing uses at the airport.
The majority of the public comments, summarized above, do not relate to how the proposed
amendments comply with the Statewide Planning Goals and the County's criteria for plan
amendments, but rather with existing operations at the airport. Those operations are largely
controlled by the City's agreements with and compliance with FAA standards. The activities
that participants object to relate primarily to in -air operations for which neither the City nor the
County possesses authority to change. Furthermore, the updated BAMP, including land use
choices made therein, is a City planning document that has already been reviewed and approved
by the Bend City Council and the FAA, and nothing in this record indicates that those decisions
were appealed. Thus, the types of in -air operations and configuration of the airport as it stands
today are outside the scope of the County's review and the Hearings Officer's authority to
change.
Although the Hearings Officer is sympathetic to the neighbors' complaints about noise, vibration
and hours of aircraft operation, those concerns are not legally relevant to review of the proposed
TSP and Comprehensive Plan amendments. The amendments do not approve any specific land
use actions or uses on the ground — that will require separate and future development
applications. For these reasons, the Hearings Officer adopts the Staff findings and conclusions
as set forth below. The applicant provided two documents which adequately respond to all the
public comments: an April 22, 2016 letter with attachments, and a May 3, 2016 letter. Those
letters, along with the balance of the record, provide sufficient argument and substantial evidence
to respond to the testimony and written public comments received prior to and during the public
hearing. Staff also provided a May 2, 2016, memorandum that correctly addresses the concerns
raised around Nelson Road.
The only remaining argument is that of Mr. Maddux who argues that it is error to only adopt
portions of the 2013 BAMP into the County planning documents. He argues that not adopting
the full BAMP will not give the County a full picture for guidance and planning of the airport for
the future. The Hearings Officer agrees with Mr. Maddux in principle, but that does not legally
undermine the applicant's (and County Staff's) approach of only adopting the relevant land use
components of the BAMP into the relevant planning documents. In this the applicant is correct
that the full BAMP is included in the approval record of this application, and will be relevant in
resolving the application of specific provisions of the TSP and Comprehensive Plan if questions
arise in the future. The Hearings Officer finds no legal error in the City's approach.
247 -16 -000016 -PA, BAMP 7
A. Title 23, Deschutes County Comprehensive Plan
Chapter 3, Rural Growth Management, Section 3,4, Rural Economy
Goal I Maintain a stable and sustainable rural economy, compatible with rural
lifestyles and a healthy environment.
Policy 3.4.3 Support a regional approach to economic development in concert with Economic
Development for Central Oregon or similar organizations.
FINDING: As stated on Pages 8-9 of Chapter 3 of the 2013 BAMP, Economic Development for
Central Oregon (EDCO) has focused on several areas to promote economic diversity in the tri -
county area as well as attracting investments and jobs. One of the identified economic areas is
the Bend Municipal Airport. By adopting the ALP from the FAA -approved and City -adopted
BAMP the airport will have a guiding document for future economic development.
Policy 3.4.6 Support and participate in master planning for airports in Deschutes County.
FINDING: County staff participated on the Technical Advisory Committee (TAC) for the
BAMP. The adoption of the BAMP would support master planning for this airport.
B. Title 23, Deschutes County Transportation System Plan
Coordination and Implementation
Goal 1 Achieve an efficient, safe, convenient and economically viable transportation
and communication system. This system includes roads, rail lines, public
transit, air, pipeline, pedestrian and bicycle facilities. The Deschutes County
transportation system shall be designed to serve the existing and projected
needs of the unincorporated communities and rural areas within the County.
The system shall provide connections between different modes of
transportation to reduce reliance on any one mode.
FINDING: The ALP from the 2013 BAMP will ensure the Bend Municipal Airport remains an
economically viable entity. The approach surfaces and separation of fixed wing and rotary wing
operations will enhance the operational safety at the field. The ALP will ensure the economic
development at the Bend Municipal Airport. The BAMP states the airport's service area is
within 30 minutes driving time of the airport. As shown on Figure 2-8 ofthe 2013 BAMP this
means not only urban residents of Bend, but also those who live in the unincorporated
communities of Alfalfa and Tumalo as well as rural residents can easily utilize the Bend
Municipal Airport. The split of local (68 percent) to itinerant (32 percent) flights as the BAMP
states on Page 29 in Chapter 4 (Aviation Forecasts) would bear out the Bend Municipal Airport
is serving the needs of the County.
Airport Plan
247 -16 -000016 -PA, BAMP 8
Goal 16
Policy 16.2(h)
Protect the function and economic vitality 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.
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 designation to assure a compatible association of airport growth
with surrounding urban or rural development.
FINDING: The County adopted the 2002 BAMP in its entirety. This land use would rescind
the 2002 BAMP and replace it by adopting only Chapter 7 and Sheets 2 (Airport Data), 3
(Airport Layout Plan), and 11 (Noise Contours) of the 2013 BAMP. The 2013 BAMP, although
at City request is not being proposed for adoption in its entirety, does include future expansion of
uses at the airport in Chapter 9, especially sheets 3 (ALP), which is being proposed for adoption;
4 (West Terminal Plan); 5 (East Terminal Plan); and 12 (On -Airport Land Use Plan). The 2013
BAMP plan also includes approach surfaces (Sheets 7-10) maps, although those sheets are not
being proposed for adoption. Chapter 7 of the 2013 BAMP and the ALP, aka Sheet 3, and the
Noise Contours, aka Sheet 11, will ensure the continued compatibility between the Bend
Municipal Airport and surrounding rural development.
Policy 16.2(k) Participate in and encourage 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: County staff participated in the Technical Advisory Cotnmittee (TAC) for the
BAMP and attended several public meetings and workshops. City Planning and Airport staff
briefed the Board at several work sessions on the BAMP process. The County has previously
adopted master plans for the Bend Municipal Airport in 1979 and 2002.
C. Oregon Revised Statute 836, Airports and Landing Fields
836.600 Policy. In recognition of the importance of the network of airports to the
economy of the state and the safety and recreation of its citizens, the policy of the State of
Oregon is to encourage and support the continued operation and vitality of Oregon's
airports. Such encouragement and support extends to all commercial and recreational
uses and activities described in ORS 836.616 (2). [1995 c.285 §2]
FINDING: Chapter 7 and Sheet 3 (Airport Layout Plan) of the 2013 BAMP allow the continued
use of the airport, aiding the economic development of the site. The Bend Airport is a critical
component in the system of public airports in Oregon. Chapter 7 and Sheets 2, 3, and 11 of the
2013 BAMP comply with the statute.
836.608 Airport operation as matter of state concern; local planning documents to
recognize airport location; limitations on use; expansion offacility.
247 -16 -000016 -PA; BAMP 9
(1) The continued operation and vitality of airports registered, licensed or
otherwise recognized by the Department of Transportation on December 31,
1994, is a matter of state concern.
FINDING: The Bend Municipal Airport has been recognized by the Oregon Department of
Aviation since this date. The field is classified as a Category II Urban General Aviation Airport.
Such an airport's primary users are business related and service a large geographic area or they
experience high levels of general aviation. Typically, these experience 30,000 or more annual
operations of which at least 500 are business related.
(3)(a) A local government shall not impose limitations on the continued operation
of uses described in ORS 836.616 (2) that existed at any time during 1996 at an
airport described in subsection (2) of this section. A local government shall allow
for the growth of uses described in ORS 836.616 (2) that existed at any time
during 1996 at an airport described in subsection (2) of this section. A local
government shall not impose additional limitations on a use approved by the local
government prior to .January 1, 1997, for an airport described in subsection (2) of
this section. Notwithstanding subsection (4) of this section, the construction of
additional hangars or tie -downs by the owner of an airport described in
subsection (2) of this section, basing additional aircraft and increases in flight
activity shall be permitted at an airport described in subsection (2) of this section.
(b) A local government may authorize the establishment of a new use described in
ORS 836.616 (2) at an airport described in subsection (2) of this section following
a public hearing on the use. The hearing shall be for the purpose of establishing
compliance with adopted clear and objective standards relating to the
compatibility and adequacy of public facilities and services as provided under
subsection (5) of this section. Standards and requirements as adopted by the local
government shall further the policy of ORS 836.600 to the maximum extent
practicable.
FINDING: Neither the County nor the 2013 BAMP's Chapter 7 are imposing any limitations
on the continued operations in ORS 836.616(2). The uses are allowed under the current A -D in
DCC 18.76 and will continue. Neither the County nor the BAMP itself are authorizing any new
uses at the Bend Airport. The plan amendments and Chapter 7 and Sheets 2, 3, and 11 of the
2013 BAMP comply with the statute.
(4) Growth of an existing use on an airport as described in subsection (3)(a) of
this section that requires a building permit shall be allowed as an administrative
decision without public hearing unless the growth:
(a) Cannot be supported by existing public facilities and services and
transportation systems authorized by applicable statewide land use planning
goals,-
247-16-000016-PA,
oals;
247-16-000016-PA, BAMP 10
(b) Forces a significant change or significantly increases the costs of conducting
existing uses on surrounding lands; or
(c) Exceeds the standards of -ORS 215.296 (1) if the airport is adjacent to land
zoned for exclusive farm use.
FINDING: While the application may result in growth at the Bend Municipal Airport, existing
transportation facilities are adequate to accommodate the growth. Based on vacancies of current
buildings at the Bend Municipal Airport and the amount of undeveloped land in the A -D zone
and its subdistricts, growth can be accommodated on-site. Thus, there will be no significant
changes to existing uses or surrounding lands. As the A -D zone is not physically expanding or
introducing any new uses, farm uses and practices on adjacent EFU lands will remain unaffected.
(5) A local government shall authorize a new use described in subsection (3)(b) of
this section provided the use:
(a) Is or will be supported by adequate types and levels of public facilities and
services and transportation systems authorized by applicable statewide land use
planning goals;
(b) Does not seriously interfere with existing land uses in areas surrounding the
airport; and
(c) The local government reviews the use under the standards described in ORS
215.296 if the airport is adjacent to land zoned for exclusive farm use.
(6) An applicant for a new use under subsection (5) of this section may
demonstrate that the standards for approval will be satisfied through the
imposition of conditions. Any conditions imposed shall be clear and objective.
(7) A local government may adopt standards and requirements for the
establishment of new airports, the expansion of existing airports and the
regulation of uses and activities at airports serving as the base for two or fewer
aircraft on December 31, 1994, as shown in the records of the Department of
Transportation. The standards and requirements shall comply with applicable
statewide land use planning laws.
FINDING: The plan amendments are not introducing any new uses at the Bend Municipal
Airport. Land use at the airport is controlled by DCC 18.76, which is not affected by this
application.
(8) The Land Conservation and Development Commission shall adopt rules
regulating the height of structures to protect approach corridors at airports
described in subsection (2) of this section and at publicly owned airports that are
the base for two or fewer aircraft. [1997 c.859 §3]
247 -16 -000016 -PA, BAMP 11
Note: 836.608, 836.612 and 836.623 were added to and made a part of
836.600 to 836.630 by legislative action but were not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
FINDING: After the promulgation of rules by LCDC/DLCD related to height restrictions
around airports, the County adopted DCC 18.80, the Airport Safety (AS) overlay zone. Chapter
7 of the 2013 BAMP does not rescind those overlay zones nor do the plan amendments, and
therefore, is consistent with the statute.
836.610 Local government land use plans and regulations to accommodate airport
zones and uses; funding; rules. (1) Local governments shall amend their comprehensive
plan and land use regulations consistent with the rules for airports adopted by the Land
Conservation and Development Commission under ORS 836.616 and 836.619. Airports
subject to the rules shall include:
(a) Publicly owned airports registered, licensed or otherwise recognized by
the Department of Transportation on or before December 31, 1994, that in 1994
were the base for three or more aircraft; and
(b) Privately owned public -use airports specifically identified in
administrative rules of the Oregon Department of Aviation that:
(A) Provide important links in air traffic in this state;
(B) Provide essential safety or emergency services; or
(C) Are of economic importance to the county where the airport is located.
(2) (a) Local governments shall amend their comprehensive plan and land use
regulations as required under subsection (1) of this section not later than the first
periodic review, as described in ORS 197.628 to 197.651, conducted after the
date of the adoption of a list of airports by the Oregon Department of Aviation
under subsection (3) of this section.
(b) A state agency or other person may provide funding to a local government
to accomplish the planning requirements of this section earlier than otherwise
required under this subsection.
(3) The Oregon Department of Aviation by rule shall adopt a list of airports
described in subsection (1) of this section. The rules shall be reviewed and
updated periodically to add or remove airports from the list. An airport may be
removed from the list only upon request of the airport owner or upon closure of
the airport for a period of more than three years. [1995 c.285 §4; 1997 c. 859 §2]
FINDING: The County has amended its Comprehensive Plan and development code to be
consistent with the above rules by creating the A -D Comprehensive Plan designation as well as
the A -D zone and its subdistricts in DCC 18.76 and the protective restrictions of the A -S zone in
DCC 18.80. The plan amendments and the 2013 BAMP leaves these unchanged. The plan
amendments and Chapter 7 and Sheets 2, 3 and 11 are consistent with the statute.
247 -16 -000016 -PA, BAMP 12
836.612 Approval or expansion of land use activities subject to prior court decisions.
Nothing in ORS 836.608 or 836.616 is intended to allow the approval or expansion of a
land use activity inside the boundaries of an airport if the activity has been limited or
prohibited by the decision of a court of competent jurisdiction rendered prior to August
13, 1997. [1997 c.859 �S6]
FINDING: The 2013 BAMP is not approving or expanding any land use activity within the
airport. The record does not contain any court decision pertaining to land use activities at the
Bend Municipal Airport rendered prior to August 13, 1997.
836.616 Rules for airport uses and activities. (1) Following consultation with the
Oregon Department of Aviation, the Land Conservation and Development Commission
shall adopt rules for uses and activities allowed within the boundaries of airports
identified in ORS 836.610 (1) and airports described in ORS 836.608 (2).
(2) Within airport boundaries established pursuant to commission rules, local
government land use regulations shall authorize the following uses and activities:
(a) Customary and usual aviation -related activities including but not limited
to takeoffs, landings, aircraft hangars, tie -downs, construction and maintenance
of airport facilities, fixed -base operator facilities and other activities incidental to
the normal operation of an airport;
(b) Emergency medical flight services;
(c) Law enforcement and firefighting activities;
(d) Flight instruction;
(e) Aircraft service, maintenance and training;
f Crop dusting and other agricultural activities;
(g) Air passenger and air freight services at levels consistent with the
classification and needs identified in the State Aviation System Plan;
(li) Aircraft rental;
(i) Aircraft sales and sale of aviation equipment and supplies; and
6) Aviation recreational and sporting activities.
(3) All land uses and activities permitted within airport boundaries, other than
the uses and activities established under subsection (2) of this section, shall
comply with applicable land use laws and regulations. A local government may
authorize commercial, industrial and other uses in addition to those listed in
subsection (2) of this section within an airport boundary where such uses are
consistent with applicable provisions of the acknowledged comprehensive plan,
statewide land use planning goals and commission rules and where the uses do
not create a safety hazard or limit approved airport uses.
(4) The provisions of this section do not apply to airports with an existing or
approved control tower on June 5, 1995. [1997 c.859 §5 (enacted in lieu of
836.615)]
247 -16 -000016 -PA, BAMP 13
FINDING: The 2013 BAMP's Chapter 7 and the ALP do not authorize any new land uses at the
field. The currently allowed uses permitted outright or conditionally under DCC 18.76 are
consistent with this statute.
D. OAR 660, Division 12, Transportation Planning
OAR 660-012-0060 Plan and Land Use Regulation Amendments
(1) If an amendment to a functional plan, an acknowledged comprehensive 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 as
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 of an existing or planned
transportation facility (exclusive of correction of map errors in an adopted
plan);
(b) Change standards implementing a functional classification system; or
(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 the adopted TSP. As part of evaluating
projected conditions, the amount of traffic projected to be generated within
the area of the amendment may be reduced if the amendment includes an
enforceable, ongoing requirement that would demonstrably limit traffic
generation, including, but not limited to, transportation demand
management. This reduction may diminish or completely eliminate the
significant effect of the amendment.
(A) Types or levels of travel or access that are inconsistent with the
functional classification of an existing or planned transportation
facility;
(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
(C) Degrade the performance of fan existing or planned transportation
facility that is otherwise projected to not meet the performance
standards identified in the TSP or comprehensive plan.
FINDING: The City of Bend in its application asserted the proposed plan amendment did not
trigger the Transportation Planning Rule (TPR.) Upon receipt of the City's materials, DLCD
contacted County staff and expressed concern that in the agency's view the TPR was triggered
247 -16 -000016 -PA, BAMP 14
and Section 060 needed to be addressed. Staff presented the following in answer to DLCD's
request.
The 2013 BAMP ALP will not change the functional classification of any County road.
The 2013 BAMP will not change any performance or mobility standards for County
roads or State highways. The 2013 BAMP will not change any existing uses at the
airport nor add any uses allowed either conditionally or outright at the airport.
The 2013 BAMP ALP does show a new local road connecting from the northeast side of
the airport to McGrath Road, an existing collector, but this new connection will be
approximately 600 feet south of the Powell Butte/McGrath Road intersection. DCC
17.48.090 sets an access spacing standard of 300 feet between connections to a collector
and the local road shown on BAMP meets this standard. The road must also cross
Deschutes County Property at 17-13-17, Tax Lot 100 so the County will control the
location of where the local road intersects McGrath Road. The County would not permit
a connection that violates the County's own access management spacing standard.
Given no land uses are proposed as part of the BAMP ALP and the zoning on the
property remains the same, no traffic degradation occurs. The 2012 Deschutes County
TSP shows roundabouts as mitigations at Powell Butte Highway/Butler Market Road and
Powell Butte Highway/US 20; no other County intersections by the property (Powell
Butte Highway/Nelson Road; Powell Butte Highway/McGrath Road; Nelson
Road/Gibson Air Park Road) are forecast to fail in the 2030 horizon year. Thus there is
adequate transportation facilities, either existing or planned, to serve the proposed plan
amendment.
Therefore, the 2013 BAMP ALP has no significant effect based on OAR 660-012-060.
The TPR is met.
E. OAR, 660, Division 13 Airport Planning
OAR 660-013-0010 Purpose and Policy
(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.
247 -16 -000016 -PA, BAMP 15
FINDING: Approval of the plan amendments and the 2013 BAMP's Chapter 7 and ALP will
ensure the continued economic vitality of the Bend Municipal Airport. The identification of
imaginary surfaces in DCC 18.80 will continue to ensure only compatible land uses occur in
proximity to the field and reduce the risk of aircraft operations. The City of Bend and Deschutes
County have long recognized the economic importance of the Bend Municipal Airport both as an
economic engine in and of itself and the access the field provides to Central Oregon.
OAR 660-013-0030, Preparation and Coordination of Aviation Plans
(1) The Oregon Department ofAviation (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. ODA shall coordinate the
preparation, adoption, and amendment ofland use planning elements of the slate ASP
with local governments and airport sponsors. The purpose of the state ASP is to provide
state policy guidance and a framework for planning and operation of a convenient and
economic system of airports, and for land use planning to reduce risks to aircraft
operations and nearby land uses. The state ASP shall encourage and support the
continued operation and vitality of Oregon's airports.
(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, 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: Deschutes County has planning and land use authority over the Bend Municipal
Airport. The County has previously adopted comprehensive plan designation and land use
regulations consistent with ORS 836.600 through 836.630 and OAR 660-013. This land use
application would amend the County's comprehensive plan, but the 2013 BAMP would still be
consistent with ORS 836 and OAR 660-013. The 2013 BAMP has been produced in
coordination with the City of Bend and Deschutes County and is consistent with the State's
Airport System Plan (ASP). Additional coordination on the amendment occurred with the
Federal Aviation Administration (FAA) and Oregon Department of Aviation (ODA). The field is
outside the boundaries of the Bend Metropolitan Organization (BMPO). The plan amendments
to the Comprehensive Plan and the TSP as well as Chapter 7 of 2013 BAMP and its ALP will
ensure the continuing successful operation and vitality of the Bend Municipal Airport by
establishing a 20 -year plan for land use activities, airport improvements, and buffered areas.
247 -16 -000016 -PA, BAMP 16
OAR 660-013-0040, Aviation Facility Planning Requirements
A local government shall adopt comprehensive plan and land use regulation
requirements for each state or local aviation fttcility 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., aircraftstorage (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 neededfor 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.
(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: The 2013 BAMP displays these elements on various figures throughout the
document, but especially in Chapter 7 (Airport Development Alternatives) and Chapter 9
(Airport Layout Plan). In particular in Chapter 9 please refer to Airport Data (Sheet 2 of 13),
Bend Airport Layout Plan (Sheet 3 of 13), Airport Airspace Plan (FAR Part 77) (Sheet 6 of 13),
and Off -Airport Land Use Plan With 2030 Noise Contours (Shed. 11 of 13). The latter two maps
in particular indicate compatibility with surrounding areas. The ALP shows the location of the
airport and existing and planned runways, taxiways, hangars and ramp spaces, and Fixed Base
Operator (FBO) facilities. The ALP also displays the areas needed for planned airport
operations.
One additional area needed for planned airport operations is the area to the north of Runway 16,
which would be needed for a future extension of the runway and parallel taxiways. Staff noted
that it is unclear whether a Goal 3 Exception would be needed for this given the airport had
247 -16 -000016 -PA, BAMP 17
received a previous Goal 3 Exception in 1980 for airport operations. The area for that 1980 Goal
3 Exception appears to extend well to the north of the planned northern extension of Runway 16
and its parallel taxiways. While the northern extension of Runway 16 will require a relocation of
the Powell Butte Highway, staff found that a Goal 3 Exception would not be needed for the
highway's relocation based on the language in the TPR at 660-012-065(3)(d).
(2) A map or description of the location of existing and planned runways,
taxiways, aprons, tiedown areas, and navigational aids;
FINDING: The ALP, aka Sheet 3, displays the existing and planned runways, taxiways, aprons,
tiedown areas, and navigational aids.
(3) A niap or description of the general location of existing and planned buildings
and facilities;
FINDING: The ALP shows the general location of existing and planned buildings.
(4) A projection of aeronautical facility and service needs;
FINDING: Chapter 7 includes a projection of aeronautical and service needs, documents
various alternatives, and arrives at ALP. The ALP accommodates projected aeronautical and
service needs.
(5) Provisions for airport uses not currently located at the airport or expansion o
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:
(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.
247 -16 -000016 -PA, BAMP 18
FINDING: Chapter 7 of the 2013 BAMP documents the data, assumptions, and projected
operations and service needs at the Bend Municipal Airport. This includes uses which may not
be currently located at the airport or current uses which may be expanded. The ALP, aka Sheet 3
of the 2013 BAMP, addresses where these uses could be located on the Bend Municipal Airport
to not create a hazard for aircraft operations. The uses will be compatible with existing and
planned airport uses. No new uses are being proposed for DCC 18.76. The imaginary surfaces
set forth in DCC 18.80 are designed to provide for safe airport operations and compatibility with
surrounding land uses. Once an aircraft leaves the field, however, its movements are not under
the jurisdiction of Deschutes County or the City of Bend or the State of Oregon.
The record shows that nearby residents are experiencing noise and vibration impacts from
aircraft operations. The Hearings Officer understands that such noise reduces the level of quiet
enjoyment of property that neighbors desire. However, the "compatibility" standard as used in
the rule does not forbid noise or guarantee that no impacts from an airport may occur. The
definition is as follows: "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. Typically,
this type of definition has been interpreted to mean that adverse impacts can be allowed so long
as the underlying zoned use can continue. Here, the record shows that although helicopter noise
is present for more than incidental periods of time, the underlying agricultural and rural
residential uses can continue. Thus, the proposal meets the compatibility standard set forth in
OAR 660-013-0040.
(6) When compatibility issues arise, the decision maker shall take reasonable
steps to eliminate or minimize the incompatibility through location, design, or
conditions. A decision on compatibility pursuant to this rule shall further the
policy in ORS 836.600.
FINDING: The Bend Municipal Airport was established in 1942. The rural subdivision
Cimarron City abuts the airport on the east and was first established in 1968 with a first addition
in 1970. Staff found, and the Hearings Officer agrees, that the establishment of the A -D zone in
1980 and an Airport Height Combining (AH) zone in 1991, that the County as the local decision
maker took reasonable steps to create buffer areas of sufficient size to minimize incompatibility
issues. If there are compatibility issues, they occur with airborne operations which are outside
the jurisdiction of Deschutes County. The State of Oregon in ORS 836.600 sets a policy to
encourage and protect airports. The record shows that the BAMP and the proposed TSP and
Comprehensive Plan amendments are flexible enough to allow for this section of the rule to work
as intended.
(7) A description of the types and levels ofpublic 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.
247 -16 -000016 -PA, BAMP 19
FINDING: The ALP shows present and planned internal and external roadways. The 2013
BAMP in Chapter 2 (Existing Conditions) inventories and discusses the supporting
infrastructure, including water and sewer facilities.
(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: This provision is not applicable to the current plan amendment, but will be
applicable to the zoning code and map amendments the City may apply for in the future. The
County has already adopted safety zones with the previous adoption of the DCC 18.80 Airport
Safety Combining Zone and the 1979 and 2002 BAMPs.
(9) Local government shall request the airport sponsor to provide the economic
and use forecast information required by this rule. The economic and use forecast
information submitted by the sponsor shall be subject to local government review,
modification and approval as part of the planning process outlined in this rule.
Where the sponsor declines to provide such information, the local government
may limit the airport boundary to areas currently devoted to airport uses
described in OAR 660-013-0100.
FINDING: The City of Bend is the airport sponsor and has provided forecast information in the
2013 BAMP which contains all of these elements, especially Chapter 4 (Aviation Activity
Forecasts).
OAR 660-013-0050 through 660-013-0150
FINDING: These regulations are applicable to implementing regulations, not to plan
amendments, and therefore, are not applicable to this application for amendments to the
County's Comprehensive Plan and TSP.
660-013-0160 Applicability
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 fir provisions of chapter 859, OR Laws 1997 that
became effective on passage. Prior to the adoption of the list of airports required by ORS
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.
247 -16 -000016 -PA, BAMP 20
(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.
(3) Compliance with the requirements of this division shall be deemed to satisJj the
requirements of Statewide Planning Goal 12 (Transportation) and OAR 660, division 12
related Airport Planning.
(4) Uses authorized by this division shall comply 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: These amendments are being accomplished by plan amendments authorized by
OAR 660-013-0160(2). The amendments comply with all applicable provisions of OAR 660-
013, OAR 660-012, Statewide Planning Goal 12, and County requirements.
F. Oregon Aviation Plan
The 2007 Oregon Aviation Plan covers all airports in the state. The OAP focuses
predominantly on airfield operations and compatibility with surrounding land uses with
minimal detail paid to land uses.
FINDING: The OAP in Table 5-19 (Summary of 2007 OAP Recommendations) lists the items
to be addressed at the Bend Municipal Airport. The items are almost all operational, not land
use. These identified deficiencies (increase runway width from 75 feet to 100 feet; rehabilitate
runway pavement; upgrade Runway 16 approach to a precision approach; install medium
intensity taxiway lighting; install apron lighting; construct hangars; install perimeter fencing for
both security and wildlife control; construct designated cargo apron) have either already been
addressed since 2007 or are a planned improvement as indicated on the ALP, aka Sheet 3. The
only deficiency which could be construed as land use is the construction of hangars, which the
County has historically done thorough site plan review, ORS 836.616(2) notwithstanding.
Hangars are an outright permitted use in DCC 18.76.070 through 090.
G. Statewide Planning Goals
The parameters for evaluating these specific amendments are based on an adequate
factual base and supportive evidence demonstrating consistency with Statewide Planning
Goals. The following findings demonstrate the quasi-judicial plan amendment with
applicable statewide planning goals.
247 -16 -000016 -PA. BAMP 21
Goal 1, Citizen Involvement
FINDING: Prior to submittal of these plan amendments, the City of Bend and its consultants
held numerous public meetings and workshops on the 2013 BAMP. The Bend City Council
approved the BAMP after conducting a public hearing. The City's application is being
processed by the County in a manner which included a noticed public hearing before a hearings
officer. In the absence of an appeal or a review initiated by the Board, DCC 22.28.030 requires
the Board to adopt the hearings officer's decision since the Bend Municipal Airport is designated
and zoned A -D. This goal is met.
Goal 2, Land Use Planning
FINDING: The amendments to County's Comprehensive Plan and TSP are being adopted
through a land use planning process set by DCC Title 22. The decision will be based on the
applicable goals, statutes, administrative rules, and County codes as well as consistency with the
County's Comprehensive Plan and TSP. The decisions also have to be consistent with federal
planning requirements applicable to airports which receive federal funding. The FAA has
approved the BAMP and its ALP. The Bend City Council, as the City is the owner and operator
of the field, has also approved the BAMP, including the ALP. The resulting BAMP and these
plan amendments will provide guidelines for future land use decisions by the County. This goal
has been met.
Goal 3, Agricultural Lands
FINDING: The area zoned A -D received a Goal 3 Exception in 1980, therefore Goal 3 does not
apply. The BAMP does show an extension of Runway 16 to the north, but that runway extension
is not funded at this time and will require a subsequent land use application. This goal does not
apply or has been met.
Goal 4, Forest Land
FINDING: The proposed amendments do not affect any Forest -zoned lands; Goal 4 does not
apply.
Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces
FINDING: The proposed amendments do not affect any inventoried Goal 5 natural resources,
scenic or historic areas or open spaces. This goal has been met.
Goal 6, Air, Water and Land Resources Quality
FINDING: Goal 6 is primarily concerned with the preservation of air, land, and water resources
from pollution. The Comprehensive Plan and TSP amendments will not affect such resources as
the Bend Municipal Airport is already served by water and sewer. Furthermore, no development
247-16-0000 I 6 -PA, BAMP 22
or land use changes are being proposed that impact air, water and land resource qualities. This
goal has been met.
Goal 7, Natural Hazards
FINDING: The predominant natural hazards in Deschutes County are floods, wildfire, snow,
and wind. The hangars and buildings at the Bend Municipal Airport conform to the state's
Uniform Building Code which ensures protection against wind and snowloads. The field also
has numerous tiedowns to secure aircraft. Additionally, there are dozens of fire hydrants on site
with the 2013 BAMP inventory listing 26 fire hydrants on the west side and 28 more on the east
side. This goal has been met.
Goal 8, Recreational Needs
FINDING: The Bend Municipal Airport meets the goal as recreational flying, meaning both the
act of flying itself or using aircraft to reach recreational destinations, occurs on-site daily.
According to Table 2-1 (Current Aviation Activity Bend Municipal Airport (BDN)) there are
213 aircraft based at the field and in 2010 there were an estimated 97,928 aircraft operations. The
field also supports gliders and provides an opportunity for skydiving, although currently no
skydiving operations occur. The general aviation aircraft used in recreation are manufactured,
maintained, and repaired at the Airport. This goal has been met.
Goal 9, Economic Development
FINDING: The amendments will allow the Bend Municipal Airport to continue to provide a
variety of economic activities. These include aircraft manufacturing, aircraft repair and
maintenance, aircraft leasing and chartering, flight schools, fuel sales, and other aviation -related
activities. This goal has been met.
Goal 10, Housing
FINDING: The Bend Municipal Airport is outside of the Bend UGB and is not proposed to be
included as part of the City's current Urban Growth Boundary (UGB) proposal. DCC 18.76
does not allow residential uses either conditionally or outright at the Bend Municipal Airport.
Additionally, the field is subject to federal grant restrictions which do not permit residential uses
at the airport. This goal does not apply.
Goal 11, Public Facilities
FINDING: The Bend Municipal Airport is already served by water and sewer. This goal has
been met.
Goal 12, Transportation
FINDING: The Bend Municipal Airport is part of the County's multi -modal transportation
system. Airport master plans such as the 2013 BAMP continuc to make public and private
247 -16 -000016 -PA, BAMP 23
airports safe, economical, and convenient. DCC 18.76 lists all the uses permitted outright or
conditionally at the airport and the Comprehensive Plan and TSP amendments do not change
those uses or add to them. The findings regarding compliance with the TPR demonstrate the
plan amendments have no significant effect on the transportation network. This goal has been
met.
Goal 13, Energy Conservation
FINDING: The Bend Municipal Airport has been established in its location since 1942.
Relocating the airport would not be feasible and even if it were, the amount of energy used to
rebuild the airport in a new location would be substantial. Gary Judd, the airport manager,
reports the Bend Municipal Airport allows the use of solar panels on-site, the airport has an
active recycling program, and new projects will use energy-saving light -emitting diodes (LED)
wherever possible. This goal has been met.
Goal 14, Urbanization
FINDING: The Bend Municipal Airport sits on exception land and is a built and committed
use. The airport lies approximately 2.5 miles to the east of the current UGB. The airport
provides an orderly and efficient transition between urban and rural lands.
Goals 15 through 19
FINDING: These are not applicable to any amendments to the County's Comprehensive
Plan because the County has none of those types of lands.
DECSION: The proposed amendments to the Deschutes County Comprehensive Plan, the
County TSP, and the adoption of Chapter 7, Sheets 2, 3, and 11 of the BAMP are consistent with
all applicable state statutes, rules, the Statewide Planning Goals, and County plans.
Kenneth D. Helm, Hearings Officer
Dated this 17`x' day of June, 2016 Mailed this 17`x' day of June, 2016
A DECISION BY THE HEARINGS OFFICER BECOMES FINAL TWELVE (12) DAYS
AFTER THE DATE OF MAILING, UNLESS APPEALED BY A PARTY OF INTEREST.
247 -16 -000016 -PA, BAMP 24
'
���47,Z,
Community Development Department
Planning Division Building Safety Division Environmental Soils Division
P{}.Box 0005 117 NW LAvenue Bend, Oregon Q77O8'ODO5
Phone: (541) 388'5575 Fax: (541) 385'1764
http:/4wmwdeshutes.nrg/cd
NOTICE OF HEARINGS OFFICER'S DECISION
The Deschutes County Hearings Officer has approved the land use application(s) described
below:
FILE NUMBER: 247-10-000018'PA
LOCATION: The subject property has an assigned address of 63210 Powell
Butte Highway; and is identified on the County Assessor's Map as
17-13-17.Tax Lot 2DOand ao17-13-20.Tax Lot 401.
OWNER: City of Bend
APPLICANT: Erik King, City Manager
City of Bend
P.O.Box 431
Bend, OR 97709
SUBJECT: A plan amendment to rescind the 2002 Bend Airport Master Plan
(BAMP) and only adopt from the 2013 BAMP Chapter 7 and
Sheets 2 (Airport Data), 3 (Airport Layout Plan), and 11 (Noise
Conbours), and amend the text in the Deschutes County
Comprehensive PIan in Secton 3.4 and the County Transportation
System Plan (TSP) in Sections 2.1, 22.4.3. and 5.6.
STAFF CONTACT: Peter Russell, Senior Transportation Planner, (541)303-0718
APPLICABLE CRITERIA: The Planning Division reviewed this application for compliance
against criteria contained in the Deschutes County
Comprehensive Plan in Title 23 of the Deschutes County Code
(DCC); the Deschutes County TSP; Oregon Revised Statute
(ORS) 836, Airport and Landing Fields; Oregon Administrative
Rule (OAR) 660-012. Transportation Planning Rule (TPR); OAR
860-013. Airport Planning; Oregon Aviation Pian; applicable
Statewide Planning Goals; and the procedural requirements of
Title 22 of the DCC.
DECISION: The hearings officer finds that the application meets the applicable criteria and
approves the plan amendment.
Quality Services Perfbrineil with Pride
This decision becomes final twelve (12) days after the date mnaWed, unless appealed by a
partyinterestof interest. To appea|, is necessary to submita Notice of A000a|, the appeal of
$250.00 and a statement raising any issue relied upon for appeal with sufficient specificity to
afford the Hearings Body an adequate opportunity to respond to and resolve each issue.
Copies of the application, all documentand evidence submitted by or on behalf of the applicant
and applicable criteria are available for inspection at no cost. Copies can be purchased for
25 cents per page.
NOTICE TO K8ORTGAGEE, LIEN H[}LDER, VENDOR OR SELLER: ORS CHAPTER 215
REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST BE PROMPTLY FORWARDED
TO THE PURCHASER.
Dated this 17th day of June, 2016 Mailed this 17th day of June, 2016
247 -16 -000016 -PA 2
Community Development Department
Planning Division Building Safety Division Environmental Sods Division
P.O, Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
Phone: (541) 388-6575 Fax: (541) 385-1764
http://wrww.deschutes.org/cd
CERTIFICATE OF MAILING
FILE NUMBER: 247 -16 -000016 -PA
DOCUMENTS MAILED: Hearings Officer's Decision
(City of Bend only)
Notice of Decision
MAP/TAX LOT NUMBERS: 17-13-17, Tax Lot 200
17-13-20, Tax Lot 401
I certify that on the 17th day of June, 2016, the attached notice(s)/report(s), dated
June 17, 2016, was/were mailed by first class mail, postage prepaid, to the person(s) and
address(es) set forth below/on the attached list.
Dated this 17th day of June, 2016.
COMMUNITY DEVELOPMENT DEPARTMENT
By: Sher Buckner
Gary Firestone
City of Bend
710 Wall St.
Bend, OR 97701
Pamela J. Kelly
22640 Peacock Lane
Bend, OR 97701
Michael Anderson
22840 Longhorn Court
Bend, OR 97701
David SwiDrak
22916 McGrath Road
Bend, OR 97701
Tom Maddox
22670 Peacock Lane
Bend, OR 97701
Stephanie Carmichael
63215 Cimarron Drive
Bend, OR 97701
Dennis and Jerri Wellbourn
22825 McGrath Road
Bend, OR 97701
Ronelle Dietsch
63460 Greg Court
Bend, OR 97701
Quality Services Performed with Pride
Jeff and Lorraine Stogsdill
62570 Powell Butte Highway
Bend, OR 97701
Dean Gallino
23061 Tumbleweed Drive
Bend, OR 97701
Patricia McKinney
22980 Manzanita Court
Bend, OR 97701
Adam Derr
63363 Chaparrel Drive
Bend, OR 97701
Martha and Skip Yates
62800 Powell Butte Highway
Bend, OR 97701
Sherry Liberty
22960 Yucca Court
Bend, OR 97701
Pam Fox
23190 Tumbleweed Drive
Bend, OR 97701