2016-402-Ordinance No. 2016-011 Recorded 8/15/2016REVIEWED
LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL RECORDS 2016.02
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 08/15/2016 08:35:16 AM
IIItIIIIIIIIIIIIIII
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County
Code Title 23, the Deschutes County Comprehensive ORDINANCE NO, 2016-011
Plan and the Deschutes County Transportation
System Plan to Include References to the 2013 Bend
Airport Master Plan
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 "BAMP", 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; and
WHEREAS, the Board adopted Chapter 7, and Sheets 2, 3, and 11 of the 2013 BAMP into the
Deschutes County Comprehensive Plan via Ordinance 2016-010; and
NOW, THEREFORE,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. That portion of Section 3.4 (Rural Economy) of DCC Title 23, Deschutes
County Comprehensive Plan, located at page 9 of the Comprehensive Plan and specifically referencing the
"Bend Airport" is amended to read as shown in Exhibit "A," attached hereto and by this reference incorporated
herein, with new language underlined and language to be deleted in All other provisions of
Section 3.4 of the Comprehensive Plan shall remain unchanged.
PAGE 1 OF 2 - ORDINANCE NO. 2016-011
Section 2. AMENDMENT. The following portions of DCC Title 23, Deschutes County Transportation
System Plan (hereafter "TSP") are amended as shown in Exhibit "B" attached hereto and by this reference
incorporated herein, with the new language underlined and language to be deleted in st-r-iket at h.:
• Section 2.1 (Existing Transportation Goals and Objectives), at p. 48 of the TSP;
• Section 2.2 (Existing Transportation System and Current Needs), at p. 107-108 of the TSP;
• Section 4.3 (Transportation Issues Identified in Update Process), at p. 145 of the TSP; and
• Section 5.6 (Airport Plan), at p. 187-89 of the TSP.
All other provisions of the TSP shall remain unchanged.
Section 3. AMENDMENT. Section 5.12 of DCC Title 23, Deschutes County Comprehensive Plan
(Legislative History) is amended to include the additional language attached hereto as Exhibit "C" All existing
provisions of Section 5.12 shall remain unchanged.
Section 4. FINDINGS. The Board adopts as its findings in support of this decision, the Decision of the
Hearings Officer dated June 17, 2016, attached as Exhibit "D" and incorporated by reference herein.
Dated this /6,-- of
Recording Secretary
Date of 1s` Reading:- day of
Date of 2nd Reading: l v/ day of
2016 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, Chair
bill1/AN
TAMMY BAN Y, Vi hair
ANTHONY DeBONE, Commissioner
, 2016.
2016.
Commissioner
Alan Unger
Tammy Baney
Anthony DeBone
Effective date: day of
Record of Adoption Vote:
Yes No Abstained Excused
— —
ti , 2016.
PAGE 2 OF 2 - ORDINANCE NO. 2016-011
PROPOSED CHANGES TO DESCHUTES COUNTY COMPREHENSIVE PLAN
PROVISIONS RELATING TO THE BEND AIRPORT
DESCHUTES COUNTY COMPREHENSIVE PLAN, CHAPTER 3, PAGE 9
Bend Airport
The Bend Municipal Airport is owned and managed by the City of Bend as a municipal airport
with supporting aviation associated businesses. Aviation industries are also a major focus of
EDCO. As of 2010 Tthe City of Bend adopted an Airport Master Plan dated October 2013 as,
reauired bv the FAA to provide guidelines for development of the airport. —a -Rd Desch -utas
rniastsr plan fa; th '
The Bend Municipal Airport Master Plan Update dated October 2013. including the Bend,
Municipal Airport Master Plan Layout Sheets. is acknowledoed as providing guidelines for
development of the Bend Municipal Airport. That document is intended to provide eeneral
planning auidance for the City of Bend in developing the airport but does not provide approval
standards or criteria for public or private development at the Bend Municipal Airport.,
Development at the Bend Municipal Airport is governed bv applicable zoning provisions of the,
Deschutes County Code.
Exhibit A, Ord. 2016-011, Bend Airport Master Plan and Des. Co. Comprehensive Plan
Formatted: Indent: Left: 0", Hanging: 0.13"
PROPOSED CHANGES TO
DESCHUTES COUNTY TRANSPORTATION SYSTEM PLAN
Chapter Section 2.1, Page 48
City of Bend Municipal Airport Master Plan
The Bend Municipal Airport is located outside the Bend city limits and UGB, therefore the
County has land use jurisdiction over it. 4n order to guidc airport land uses, thc County adopted
and utilizes thc 199,1 Bend Municipal The City has adopted the 2013 Bend Municipal Airport
Master Plan (Bend AMP). as reauired bv the Federal Aviation Administration, to provide
guidelines for its development of the Bend Municipal Airport. as amended in 2002 the
_
r Plan," which is incorporated by reference herein. This is the
guiding document for airport planning and development. This document incorporates a range-ef
ger punning horizon (2021),
sts to impr
airport. The County acknowledaes Bend AMP as providing general guidelines for development
at the Bend Municipal Airport. The following portions of the Bend AMP are adopted as planning
documents required bv OAR 660-013-0040:
Airport Data Sheet (Sheet 2)
Airport Layout Plan (Sheet 3)
Off -Airport Land Use Plan w/2030 Noise Contours (Sheet 11)
Chapter 7 — Airport Development Alternatives
The Bend AMP document is intended to provide aeneral planning guidance for the City of Bend
in developing the airport but the Bend AMP. including those parts adopted as planning
documents, do not provide approval standards or criteria for public or private development at
the Bend Municipal Airport. The zoning at the Bend Municipal Airport may include subzones.,
Land uses and development on the airport are aoverned bv applicable zoning provisions of the
Deschutes County Code. In 2003 the County adopted DCC 18.76, Airport Development (AD)
Zone te-identifiesy and regulates outright permitted and conditional uses activities at the airport.
The County in 2001 adopted DCC Chapter 18.80, Airport Safety Combining Zone (AS) to
ensures surrounding land uses and structures awere compatible with airport operations. The
sr Plan in 2010 12.
County planning staff is participating in that pr osos. z which will lock a land uses within the
airport as well as the potential for physical expansion of the airport.
Chapter Section 2.2, Pages 107-08
Air Transportation
Aviation has a long history in Deschutes County with many airfields dating back to World War II
as training fields due to the region's semi -arid climate. That tradition continues with flight
schools for both fixed and rotary wing aircraft (i.e., planes, gliders, and helicopters) at the Bend
Airport and a fixed -wing flight school in Redmond. There are seven existing public -use airports
in the County. Four of these airports have improved (paved) runways, and offer a range of
services, from the availability of commercial passenger flights arriving and departing daily at
Exhibit B, Ordinance 2016-11 (Bend Airport Master Plan and Deschutes County TSP)
Roberts Field in Redmond, to the Sisters (Eagle Air) Airport which offers no services or runway
navigational aids. Figure 2.2.F19 shows the location of the four public -use airports in Deschutes
County, while Figure 2.2.F20 identifies the locations of the private or "personal use" airports in
the County.
The County protects established airports from incompatible land uses or structures through
DCC Chapter 18/6, Airport Development (A -D) Zone and DCC Chapter 18.80, Airport Safety
(A -S) Combining Zone. The A -S zone was adopted in 2001 and the A -D zone was adopted in
2003. The purpose of the AD zone is to allow for development compatible with ongoing airport
use consistent with the Deschutes County Year 2000 Comprehensive Plan and the 1991 Bend
Airport Master Plan (as amended by a 2002 st ppIsment), while providing for public review of
proposed development likely to have significant impact on surrounding lands. The AD Zone is
composed of three sopsrato zoning dastrietc, teach with its own set of allowed uses and distinct
regulations, G further set forth in !Y' - - the Bend Airport Mactar Plan with an expected completion in 2012.
Chapter Section 4.3, Page 145
Topic: Expansion of Bend Airport
Response: The City update of the Bend Airport Master Pien is due to be completed by winter
2012. The 2013 Bend Municipal Airport Master Plan contemplates a The potential runway
expansion to the north. The runway expansion. if it occurs. may require and any necessary
road relocation of s such as Powell Butte Highway and/or McGrath Road_ will be identified in
t#a pion E. date An exception to Statewide Planning Goal 3 could be required if and when the
runway is expanded. If and when the runway is extended. the Airport Safety Combinina Zone
will be amended accordingly. Any intensification of land uses at the airport would require traffic
analysis to show consistency with the TPR. County staff expects either City of Bend staff or
Bend Airport staff to apply for the appropriate land uses applications and provide TPR findings if
and when code amendments are adopted to allow intensified uses or plan designations are
amended to chanae land use desianations.
ChapterSection -5.6, Pages 187-89
5.6 Airport Plan
Airport Overview
The continued operation and vitality of airports registered, licensed or otherwise recognized by
the Department of Transportation is a matter of State and County concern. The County protects
the operations of airports through the Airport Safety Combing Zone (DCC Chapter 18. 80) to
ensure safe operations of aircraft and that nearby land uses are compatible. DCC Title 18 also
requires the Federal Aviation Administration (FAA) be notified of land use applications within the
AS zone.
There are currently 18 registered airports in Deschutes County. Four of these are public use
airports; two of which, Bend Municipal and Redmond Municipal -Roberts Field are publicly
owned while Sisters Eagle Air and Sunriver airports are privately owned. These airports have
improved (paved) runways, and offer a range of services, from the availability of commercial
passenger flights arriving and departing daily at Redmond Municipal Airport, to the Sisters
(Eagle Air) Airport which offers no services or runway navigational aids. Cline Falls Airport,
Juniper Airpark and Pilot Butte Airport are privately owned private use airports with more than
Exhibit B, Ordinance 2016-11 (Bend Airport Master Plan and Deschutes County TSP)
three based aircraft. There are three heliports: St. Charles Medical Center, La Pine and Cinder
Butte, all with fewer than three based aircraft. The eight remaining airfields; Don Stevenson
Ranch, Fall River Fish Hatchery, Gopher Gulch, Pine Ridge Ranch, The Citadel, Whippet Field,
Freight Wagon and Sage Ranch Airports are all privately owned, private use airfields with 2 or
fewer based aircraft.
The Redmond Airport Master Plan will guide the future use of the airport in terms of runway and
terminal expansions as well as operational decisions. -Simi .rly-tIhe 2013 Bend Municipal
Airport Master Plan provides aeneral auidelines for the City in developina the Bend Municipal
Airport. h+ch :.€ currently being updated, will detail the future of that airp34--Land uses and
development at the Bend Airport are reviewed must go through under applicable land use
provisions of the Deschutes County Code. -
continued to ensure adjaccnt residents have been involvcd in the Bend Airport Mastcr Plan
update in order to incorporate and address their conco ns Gaut airport operGtien-s, particularly
noise. No changes or expansions to the Sisters and Sunriver airports are envisioned at this
time, although planning staff occasionally meets with Sisters airport owners and
representatives, including City of Sisters staff, about different improvement options for that
facility. At some point, the Sisters airport may need to develop its own airport master plan and
seek inclusion in the Sisters UGB.
The possibility of a new public general aviation airport located in the South County has been
discussed and analyzed in a March 2002 feasibility study. The airport would be funded by
private interests and the site most often mentioned, south of Rosland Road between US 97 and
the BNSF railroad, would lie within the City of La Pine. The proposed Bird Field would thus
require land use decisions by the City of La Pine, not Deschutes County, and would need to
comply with the Oregon Department of Aviation's requirements for establishing a new airport.
See Oregon Administrative Rule (OAR) 738-020-0025 and OAR 660-013 for further information.
AIRPORT PLAN GOALS AND POLICIES
Goal 16
16. Protect the function and economic viability of the existing public -use airports, while ensuring
public safety and compatibility between the airport uses and surrounding land uses for public
use airports and for private airports with three or more based aircraft.
Policies
16.1. Deschutes County shall protect public -use airports through the development of airport land
use regulations. Efforts shall be made to regulate the land uses in designated areas surrounding
the Redmond, Bend, Sunriver and Sisters (Eagle Air) airports based upon adopted airport
master plans or evidence of each airports specific level of risk and usage. The purpose of these
regulations shall be to prevent the installation of airspace obstructions, additional airport
hazards, and ensure the safety of the public and guide compatible land use. For the safety of
those on the ground, only limited uses shall be allowed in specific noise impacted and crash
hazard areas that have been identified for each specific airport.
Continuing the protection of the privately owned, private -use airports, with three or more based
aircraft, is also accomplished by the AS overlay zone. AS also protects the function and
economic vitality of privately owned, private -use airports with two or fewer based aircraft. Each
Exhibit B, Ordinance 2016-11 (Bend Airport Master Plan and Deschutes County TSP)
airport's specific level of risk and usage shall be used to guide the continued safe aeronautical
access to and from these airports considering the type of aircraft approved to use the airfield. 1
16.2 Deschutes County shall:
a. Continue to recognize the Redmond (Roberts Field) Airport as the major
commercial/passenger aviation facility in Deschutes County and an airport of regional
significance. Its operation, free from conflicting land uses, is in the best interests of the citizens
of Deschutes County. Incompatible land uses shall be prohibited on the County lands adjacent
to the airport;
b. Cooperate with the cities of Bend, Redmond and Sisters in establishing uniform zoning
standards, which shall prevent the development of hazardous structures and incompatible land
uses around airports;
c. Take steps to ensure that any proposed uses shall not impact airborne aircraft because of
height of structures, smoke, glare, lights which shine upward, radio interference from
transmissions or any water impoundments or sanitary landfills which would create potential
hazards from waterfowl to airborne aircraft;
d. Allow land uses around public -use airports that shall not be adversely affected by noise and
safety problems and shall be compatible with the airports and their operations;
e. Work with, and encourage airport sponsors to work with the Federal Aviation Administration
(FAA) to enforce FAA -registered flight patterns and FAA flight behavior regulations to protect
the interests of County residents living near airports.
f. Adopt regulations to ensure that developments in the airport approach areas shall not be
visually distracting, create electrical interference or cause other safety problems for aircraft or
persons on the ground. In addition, efforts shall be made to minimize population densities and
prohibit places of public assembly in the approach areas;
g. Continue efforts to prevent additional residential encroachment within critical noise contours
or safety areas without informed consent;
h. Specifically designate any proposed airport facility relocations or expansions within County
jurisdiction on an airport master plan or airport layout plan map, as amended, and establish the
appropriate airport zoning designation to assure a compatible association of airport growth with
surrounding urban or rural development;
i. Maintain geographic information system (GIS) mapping of the Airport Overlay Zones and
provide timely updates;
j. For those airports in Dccchutcs County without adopted master plans, the County quasi-
judicial land use decisions relating to uses and development at airports shall be based on
applicable land use provisions of the Deschutes County Code. , as c minimum, 'cc -so any land
use decisions involving airports on DCC Chaptcr 18.80 and Oregon Adminc trative Rule
Chapter 660, Division 13, Airport Planning;
Exhibit B, Ordinance 2016-11 (Bend Airport Master Plan and Deschutes County TSP)
1 k. Participate in and Eencourage the development Osuety-adoption of airport master plans for
all public use airports and at least an airport layout plan for the remaining State -recognized
1 airfields in Deschutes Countv to provide auidelines for airport operators;
I. Encourage appropriate federal, state and local funding for airport improvements at public -
owned airports; and
m. Discourage future development of private landing fields when they are in proximity to one
another, near other public airports and potential airspace conflicts have been determined to
exist by the Federal Aviation administration (FAA) or the Oregon Department of Aviation.
Exhibit B, Ordinance 2016-11 (Bend Airport Master Plan and Deschutes County TSP)
Deschutes County Comprehensive Plan Amendments for Sections 5.12
Lanauaae to be added shown as underlined
Section 5.12, Legislative History
Ordinance Date Adopted/Effective Chapter/Section Amendment
2016-011 (TBD: TBD) 5.12 Repeal 2002 Bend
Airport Master Plan;
Replace with Chapter 7
2013 BAMP and Sheets
2 (Airport Data), 3 (Airport
Layout Plan, and 11 Noise
(Noise Contours)
Exhibit C, BOCC Ordinance 2016-011
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
H. 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, the City
needed to amend the Deschutes County Comprehensive Plan and the Deschutes County
Transportation System Plan ("I'SP), 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 Farm 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 ofNWl/4
of Section 17 of 17S R13E) and then 60 acres ofNWl/4 of NW/1/4 and N1/2 of SWI/4
of N W 1 /4 of Section 17 of 17S R 13 E).
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 Deschutes 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 (AI).
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 Plan and the TSP. 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 Land 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, BAMP 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 change 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 1 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 of the 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
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.
Policy 16.2(h) Specifically designate any proposed airport facility relocations or
expansions within County jurisdiction on an airport master plan or
airport layout plan, as amended, and establish the appropriate airport
zoning 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 oilfields in Deschutes County.
FINDING: County staff participated in the Technical Advisory Committee (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 §2J
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 °fuses 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 qfpublic 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, 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. 6]
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;
(h) Aircraft rental;
(i) Aircraft sales and sale of aviation equipment and supplies; and
0) 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 an 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 of Aviation (ODA) shall prepare and adopt a state Aviation
System Plan (state ASP) in accordance with ORS Chapters 835 and 836 and the State
Agency Coordination Program approved under ORS 197.180. ODA shall coordinate the
preparation, adoption, and amendment of land use planning elements of the state 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 facility subject to the requirements of ORS
836.610(1). Planning requirements for airports identified in ORS 836.610(1) shall
include:
(1) A map, adopted by the local government, showing the location of the airport
boundary. The airport boundary shall include the following areas, but does not
necessarily include all land within the airport ownership:
(a) Existing and planned runways, taxiways, aircraft storage (excluding aircraft
storage accessory to residential airpark type development), maintenance, sales,
and repair facilities;
(b) Areas needed for existing and planned airport operations; and
(c) Areas at non -towered airports needed for existing and planned airport uses
that:
(A) Require a location on or adjacent to the airport property;
(B) Are compatible with existing and planned land uses surrounding the
airport; and
(C) Are otherwise consistent with provisions of the acknowledged
comprehensive plan, land use regulations, and any applicable statewide
planning goals.
(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 (Sheet 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 map 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 of
existing airport uses:
(a) Based on the projected needs for such uses over the planning period;
(b) Based on economic and use forecasts supported by market data;
(c) When such uses can be supported by adequate types and levels of
public facilities and services and transportation facilities or systems
authorized by applicable statewide planning goals;
(d) When such uses can be sited in a manner that does not create a hazard
for aircraft operations; and
(e) When the uses can be sited in a manner that is:
(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 of public facilities and services necessary
to support development located at or planned for the airport including
transportation facilities and services. Provision of public facilities and services
and transportation facilities or systems shall be consistent with applicable state
and local planning requirements.
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 Wet)) 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 for provisions of chapter 859, OR Laws 1997 that
became effective on passage. Prior to the adoption of the list of airports required by ORS
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 ofperiodic 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 ofperiodic review
where such amendments include coordination with and adoption by all local
governments with responsibility for areas of the airport subject to the requirements qf
this division.
(3) Compliance with the requirements of this division shall be deemed to satisfy the
requirements of Statewide Planning Goal 12 (Transportation) and OAR 660, division 12
related Airport Planning.
(4) Uses authorized by this division shall comply with all applicable requirements of
other laws.
(5) Notwithstanding the provisions of 0A1? 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 -000016 -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 continue to make public and private
247 -16 -0000)6 -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 thc
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.
140•4641A
Kenneth D. Helm, Hearings Officer
Dated this 17th day of June, 2016 Mailed this 17th 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 -I6 -000016 -PA, BAMP 24
Community Development Department
Planning Division Building Safety Division Environmental Soils Division
P{).Box O0O5 117 NW Laaytte Avenue Bend, Oregon 97708-6005
Phone: (541) 388'6575 Fax: (541) 385'1764
NOTICE OF HEARINGS OFFICER'S DECISION
The Deschutes County Hearings Officer has approved the land use application(s) described
below:
FILE NUMBER: 247-10-000016'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 2O0and oo17'13-2O.Tax Lot 4O1.
OWNER: City af Bend
APPLICANT:
Erik King, City Manager
City cfBend
P.O. Box 431
Bend, OR 87709
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 Dsda>, 3 (Airport Layout Plan), and 11 (Noise
ContVurm), and amend the text in the Deschutes County
Comprehensive PIan in Section 3.4 and the County Transportatiori
System Plan (T8P)in Sections 2.1, 2.2, 4.3. and 5.6.
STAFF CONTACT: Peter Russell, Senior Transportation Planner, (541) 383-6718
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) 860-012. Transportation Planning Rule (TPR); OAR
680-013, Airport Planning; Oregon Aviation Plan; applicable
Statewide Planning Goals; and the procedural requirements of
Title 22ofthe DCC.
DECISION: The hearings officer finds that the application meets the applicable criteria and
approves the plan amendment.
Quality Services Per/6rnnm/?vial Pride
This decision becomes final twelve (12) days after the date mailed, unless appealed by a
party of interest. To appeal, it is necessary to submit a Notice of Appeal, the appeal fee 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 documents and 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 MORTGAGEE, LIEN HOLDER, 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 Soils Division
P.[\Box b08j 117 NW LAvenue Bend, Oregon y77OD-60O5
Phone: (541) 388'6575 Fax: (541) 385-1764
CERTIFICATE OF MAILING
FILE NUMBER: 24716 -000018 -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
| certify that on the 17m 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 Chaparral 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