2021-4-Ordinance Recorded 1/5/2021 r Recorded in Deschutes County
Nancy Blankenship, County Clerk CJ2021-4
Commissioners'Journal 01/05/2021 3:11:10 PM
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REVIEWED o�
2021-4
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,OREGON
An Ordinance Amending Deschutes County Code *
Title 18,Chapter 18.76,Airport Development("AD") *
Zone,and Chapter 18.116,Supplementary Provisions, *
to streamline review of personal use hangars; reduce * ORDINANCE NO.2020-018
the front and rear yard setbacks; adopt Oregon *
Administrative Rule ("OAR") and Federal Aviation *
Administration ("FAA") definitions; and allow *
parking in the front yard.
WHEREAS,the City of Bend("City")applied under land use file number 247-20-000482-TA to amend
Chapter 18.76 of Title 18, Deschutes County Zoning, to streamline review of personal use hangars; reduce the
front and rear yard setbacks;adopt OAR definition of"customary and usual aviation-related activities";and adopt
the FAA definition of"fixed based operator"and"hangar";and
WHEREAS, the City applied under said land use file to amend Chapter 18.116 of Title 18, Deschutes
County Zoning,allow parking in the front yard in the AD Zone;and
WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on
September 15,2020,before the Deschutes County Hearings Officer; and
WHEREAS,on November 10,2020,the Hearings Officer approved the amendments and recommended
the Board adopt an ordinance;and
WHEREAS, pursuant to Deschutes County Code 22.28.030(B), the Board shall, in the absence of an
appeal adopt the Hearings Officer's decision;now,therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,OREGON,ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.76.Airport Development Zone,is amended to read as described in
Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in sifikethr-eugh,
Section 2. AMENDMENT. DCC 18.116. Supplementary Provisions,is amended to read as described in
Exhibit "B," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stpikethfeugh.
PAGE 1 OF 2-ORDINANCE NO.2020-018
Section 3. FINDINGS. The Board adopts as its findings,Exhibit"C,"the Hearings Officer's decision,
attached hereto and by this reference incorporated herein.
Dated this c/V of AWJN,2020 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY,OREGON
LY$4° ACL-44-
PATTI ADAIR,Chair
hbrj2A"--
ANTHONY De ONE,Vice Chair
ATTEST: gL-J.
ecording cretary PHILIP G.HENDERSON,ComiZssioner
Date of 1st Reading: 16th day of December,2020.
Date of 2nd Reading: 30th day of December,2020.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Patti Adair
Anthony DeBone
Philip G.Henderson _
Effective date:3D day of_ 44.G ,2021.
PAGE 2 OF 2-ORDINANCE NO.2020-018
Chapter 18.76. AIRPORT DEVELOPMENT ZONE—A-D
18.76.010. Purpose.
18.76.020. Standards in All Districts.
18.76.030. Uses Permitted Outright.
18.76.040. Conditional Uses.
18.76.050. Use Limitations.
18.76.060. Dimensional Standards.
18.76.070. Airfield Operations District(AOD).
18.76.080. Aviation Support District(ASD).
18.76.090. Aviation-Related Industrial District(ARID).
18.76.100. Design and.Use Criteria.
-18.76.110. Additional Requirements.
18.76.010. Purpose.
The purpose of the Airport Development(AD) Zone is to allow for development compatible with ongoing
airport use consistent with the most recently adopted Deschutes County Year 2000 Comprehensive Plan and
the 1991 most recently approved Bend Airport Master Plan-(as amended by ^ 2002 supplement), while
providing for public review of proposed development likely to have significant impact on surrounding lands.
The AD Zone is composed of three separate zoning districts, each with its own set of allowed uses and
distinct regulations,as further set forth in DCC 18.76.
(Ord.2020-018 §1,2020;Ord.2003-036§2,2003;Ord. 91-020§1, 1991)
18.76.015. Definitions.
The following defmitions apply only to Chapter 18.76.
"Customary and usual aviation-related activities" include,but are not limited to, takeoffs, landings, aircraft
hangars, tiedowns, construction and maintenance of airport facilities, fixed-base operator facilities, a
residence for an airport caretaker or security officer, and other activities incidental to the normal operation
of an airport.Residential, commercial,industrial,manufacturing,and other uses,except as provided in this
rule, are not customary andusual aviation-related activities and may only be authorized pursuant to OAR
660-013-0110.
"Fixed-base operator or FBO" means a commercial business granted the right by the airport sponsor to
operate on an airport and provide aeronautical services such as fueling, hangaring, tie-down and parking,
aircraft rental,aircraft maintenance,flight instruction,etc.
"Hangar"means an airport structure intended for the following uses:
A. Storage of active aircraft.
B. Shelter for maintenance, repair, or refurbishment of aircraft, but not the indefinite storage of non-
operational aircraft.
C. Construction of amateur-built or kit-built aircraft
D. Storage of aircraft handling equipment,e.g.,tow bar, glider tow equipment,workbenches,and tools and
materials used to service,maintain,repair or outfit aircraft; items related to ancillary or incidental_uses
that do not affect the hangars'primary use.
E. Storage of materials related to an aeronautical activity, e.g., balloon and skydiving equipment, office
equipment, teaching tools, and materials related to ancillary or incidental uses that do not affect the
Chapter 18.76 1 (08/201812/2020)
hangars' primary use; storage of non-aeronautical items that do not interfere with the primary
aeronautical purpose of the hangar(for example,televisions,furniture).
F. A vehicle parked at the hangar while the aircraft usually stored in that hangar is flying,subject to local
airport rules and regulations.
G. A hangar may include restrooms,pilot lounge,offices,briefing rooms,and crew quarters.
(Ord.2020-018 §1,2020)
18.76.020. Standards in All Districts.
A. Approval Required. Any use in an AOD,ASD,or ARID District shall be subject to DCC 18.124.
1. Hangars not associated with a commercial or industrial use are exempt from DCC 18.124.
2. Airfield improvements including but not limited to runways, taxiways, taxilanes, aircraft
parking aprons, service roads, navigational aids, and runway and safety facilities required by
the Federal Aviation Administration(FAA)are not subject to County review.
B. Solar Setbacks. The setback from the north lot line shall meet the solar setback requirements of DCC
18.116.180.
C. Building Code Setbacks. In addition to the setbacks set forth herein, any greater setbacks required by
applicable building or structural codes adopted by the State of Oregon and/or Deschutes County under
DCC 15.04 shall be met.
D. Off-Street Parking and Loading. Off-street parking and loading shall be provided subject to the parking
provisions of DCC 18.116.
E. Outdoor Lighting. All outdoor lighting shall be installed in conformance with DCC 15.10.
F. Excavation, Grading and Fill and Removal. Excavation, grading and fill and removal within the bed
and banks of a stream or river or in a wetland shall be subject to DCC 18.120.050 and/or DCC
18.128.270.
G. Signs. All signs shall be constructed in accordance with the provisions of DCC 15.08.
H. Notification. Deschutes County shall provide notification of all land use applications in an AD zone to
the airport manager owner's designee in accordance with the provisions of DCC Title 22.
(Ord.2020-018 §1,2020;Ord.2003-036§2,2003)
18.76.030. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright in all of the Airport Districts:
A. Class I and II road or street project subject to approval as part of a land partition,subdivision or subject
to the standards and criteria established by DCC 18.116.230.
B. Class III road or street project.
C. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District
except as provided in DCC 18.120.050.
D. Farm use as defined in DCC Title 18.
E. Customary and usual aviation-related activities.
F. Hangars are subject to the standards and criteria established by DCC 18.76.105.
(Ord.2020-018 §1,2020; Ord.2003-036§2,2003;Ord.2001-039§10,2001;Ord.2001-016 §2,2001;Ord.
93-043 §11, 1993;Ord. 91-020§1, 1991)
18.76.040. Conditional Uses.
The following uses may be allowed in all of the Airport Districts subject to DCC 18.128.
A. Farm accessory buildings and uses,excluding residential uses.
B. Utility facility necessary for public service except landfills.
C. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland
subject to DCC 18.120.050 and/or DCC 18.128.270.
(Ord.2003-036§2,2003;Ord.2001-039§10,2001;Ord.2001-016§2,2001;Ord.91-038 §1, 1991)
Chapter 18.76 2 (0 8/20 1 8 1 2/2020)
18.76.050. Use Limitations.
The following limitations and standards shall apply to all permitted uses in the Airport Districts:
A. The height of any plant growth or structure or part of a structure such as chimneys,towers, antennas,
power lines,etc.,shall not exceed 35 feet.B. In approach zones beyond the clear zone areas,no meeting place designed to accommodate more than
25 persons for public or private purposes shall be permitted.
C. All parking demand created by any use permitted by DCC 18.76 shall be accommodated on the subject
premises entirely off-street.
D. No use permitted by DCC 18.76 shall require the backing of traffic onto a public or private street or
road right of way.
E. No power lines shall be located in clear zones.
F. No use shall be allowed which is likely to attract a large quantity of birds, particularly birds which
normally fly at high altitudes.
(Ord.2003-036§2,2003;Ord.91-020 §1, 1991)
18.76.060. Dimensional Standards.
The following dimensional standards shall apply in the Airport Districts:
A. The minimum lot size shall be determined subject to the provisions of DCC 18.76 relative to setback
requirements, off-street parking and loading requirements, lot coverage limitations or as deemed
necessary by the Planning Director or Hearings Body to maintain air, land and water resource quality,
protect adjoining and area land uses,and to ensure resource carrying capacities are not exceeded.
B. An airport related use or structure located adjacent to or across the street from an existing residential
use or platted residential lot shall not exceed 70 percent lot coverage and shall require off-street parking
and loading areas.
C. The minimum setback between any structure and an arterial or collector right of way shall be-180-50
feet. The minimum setback between any structure and a collector right of way shall be 50 feet. The
minimum setback between any structure and all local streets shall be 20 feet.
D. The minimum setback between any structure and a property line adjoining a residential use or lot shall
be 50 feet.
E. The minimum lot frontage shall be 50 feet.
F. The minimum side setback between any structure and a property line shall be three feet, and the
minimum total of both side setbacks shall be 12 feet.
G. The minimum rear setback between any structure and a rear property line shall be 50-20 feet.
H. The minimum setback from internal airport streets, access roads, and drives shall be 10 feet from the
edge of pavement.
(Ord.2020-018 §1,2020; Ord.2003-036§2,2003;Ord.94-008 §24, 1994;Ord.91-020§1, 1991)
18.76.070. Airfield Operations District(AOD).
Uses Permitted Outright. The uses permitted outright are those listed under DCC 18.76.030.Teng
and tl,e:,.accessory uses rmitted outE ht:
A >z,,.way taxi,.a, se e oad f,el st,rage an soles an eme e ,
B. Facilities approved or mandated by the FAA or Oregon State Aeronautics Division specifically
(Ord.2020-018 §1,2020; Ord.2003-036§2,2003) -
18.76.080. Aviation Support District(ASD).
A. Uses Permitted Outright. The'uses permitted outright are those listed under DCC 18.76.030.The
f llowing uses anE t e:,-accessory uses a rmitted o trig t:
1. Runway,taxiway,service road,fuel storage and sales and emergency repair.
Chapter 18.76 3 (08/01812/2020)
2. Facilities e,7„ .,dated by the F n n Oregon State n er,nauties Division
3. Related uses which arc customarily appurtenant to airports, including but not limited to hangars,
B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128
and a conditional use permit:
1. Restaurant, which may include a bar or cocktail lounge as an accessory use. One restaurant per
airport. Restaurant,including any accessory use,to be 2,500 square feet or less in size.
2. Airport or aviation-related businesses that benefit from an on-airport location.
(Ord.2020-018 §1,2020;Ord.2004-013 §8,2004;Ord.2003-036§2,2003)
18.76.090. Aviation-Related Industrial District(ARID).
Uses Permitted Outright. The uses permitted outright are those listed under DCC 18.76.030.Th of d
tises-afiel4heir--aeeessepy-uses-are-permit-ted-eutFight:
A. Runway,taxiway,service road,fuel storage and sales and emergency repair.
B. Facilities a dated by the.F n n Or State n erona„tics Division
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C. Related uses which are customarily appurtenant to airports, including but not limited to hangars,
DA. Airport or aviation-related commercial or industrial businesses that benefit from an on-airport
location.
(Ord.2020-018 §1,2020;Ord.2003-036§2,2003)
18.76.100. Design and Use Criteria.
The following dimensional standards shall apply in the Airport Districts:
The Planning Director or Hearings Body shall take into account the impact of any proposed conditional
use within the AD Zone on nearby residential and commercial uses, and on the capacity of transportation
and other public facilities and services. In approving a proposed conditional use,the Planning Director or
Hearings Body shall fmd that:
A. The proposed use is in compliance with the Comprehensive Plan, including the current version of the
adopted Bend Airport Master Plan.
B. The proposed use is in compliance with the intent and provisions of DCC Title 18.
C. Any adverse social,economical,physical or environmental impacts are minimized.
D. The proposed use is not sensitive to noise of the character anticipated by the current and expected noise
level contours of the airport.
E. The proposed use is compatible with adjacent agricultural and residential uses.
F. There are sufficient public facilities and services to support the proposed use.
G. The location and site design of the proposed facility will not be hazardous to the safety and general
welfare of surrounding properties, and that the location will not unnecessarily restrict existing and
future development of surrounding lands as indicated in the Comprehensive Plan.
H. The use shall make the most effective use reasonably possible of the site topography, existing
landscaping and building placement so as to preserve existing trees and natural features,preserve vistas
and other views from public ways,minimize visibility of parking,loading and storage areas from public
ways and neighboring residential uses, and minimize intrusion into the character of existing
developments and land uses in the immediate vicinity of the proposed use.
(Ord.2018-006§9,2018;Ord.2003-036'§2,2003;Ord.91-020§1, 1991)
18.76.105. Hangars.
A. Review Process.
Chapter 18.76 4 (08/201812/2020)
1. Hangars, as defined in section 18.76.015, shall be processed as a development action pursuant to
DCC 22.16 and are not subject to DCC 18.124.
2. Hangars intended to support fixed based operators, flight schools, paint shops, and other
commercial and industrial uses are subject to DCC 18.124.
B. Hangar Approval Criteria.
1. The location and height of proposed structures must be clear of FAA protected surfaces including
runway safety area, runway protection zone, runway object free area, taxiway/taxilane object free
area,FAA Part 77 surfaces,FAA TERPS surfaces,and other clear areas identified on the currently
adopted Airport Layout Plan.
2. No above ground utility installations shall be allowed
3. All exterior lighting shall be shielded so that direct light does not project off site pursuant to DCC
15.10.
4. .Parking Requirement.
a. Hangars under 10,000 square feet of floor space are not subject to the parking requirement
under DCC 18.116.030(8).
b. Hangars greater than or equal to 10,000 square feet of floor space are subject to the parking
requirement under DCC 18.116.030(8). This required vehicle parking can be accommodated
inside the hangar.
(Ord.2020-018 §1,2020)
18.76. 110. Additional Requirements.
As a condition of approval for any conditional use proposed within the AD Zone,the Planning Director or
Hearings Body may require:
A. An increase in required setbacks.
B. Additional off-street parking and loading facilities and building standards.
C. Limitations on signs or lighting,hours of operation,points of ingress and egress and building heights.
D. Additional landscaping,screening and other improvements.
E. Glare-resistant materials in construction or other methods likely to reduce operating hazards.
F. Other conditions considered necessary to achieve compliance and policies of the Comprehensive Plan.
(Ord.2003-036§2,2003;Ord.91-020§1, 1991;Ord. 80-221 §1, 1980)
Chapter 18.76 5 (08/201812/2020)
Chapter 18.116. SUPPLEMENTARY PROVISIONS
18.116.010. Authorization of Similar Uses.
18.116.020. Clear Vision Areas.'
18.116.030. Off-Street Parking and Loading.
18.116.031. Bicycle Parking.
18.116.035. Bicycle Commuter Facilities
18.116.036 Special Parking Provisions for the Sunriver Town Center District
18.116.040. Accessory Uses.
18.116.050. Manufactured Homes.
18.116.070. Placement Standards for Manufactured Homes.
18.116.080. Manufactured Home or RV as a Temporary Residence on an Individual Lot.
18.116.090. A Manufactured Home or RV as a Temporary Residence for Medical
Condition.
18.116.095. Recreational Vehicle as a Temporary Residence on an Individual Lot.
18.116.100. Building Projections.
18.116.200. Repealed.
18.116.120.. Fences.
18.116.130. Hydroelectric Facilities.
18.116.140. Electrical Substations.
18.116.150. Endangered Species.
18.116.160. Rimrock Setbacks Outside of LM Combining Zone.
18.116.170. Solar Height Restrictions.
18.116.180. ' Building Setbacks for the Protection of Solar Access.
18.116.190. Solar Access Permit.
18.116.200. Repealed.
18.116.210. Residential Homes and Residential Facilities.
18.116.215. Family Child Care Provider.
18.116.220. Conservation Easements on Property Adjacent to Rivers and
Streams-Prohibitions.
18.116.230. Standards for Class I and H Road Projects.
18.116.240. Protection of Historic Sites.
18.116.250. Wireless Telecommunications Facilities.
18.116.260. Rock Crushing Outside the SM Zone.
18.116.270. Conducting Filming Activities in All Zones.
18.116.280. Home Occupations.
18.116.290. Amateur Radio Facilities
18.116.300. Wind Energy Systems that Generate Less than 100 kW
18.116.310. Traffic Impact Studies
18.116.320. Medical Marijuana Dispensary
18.116.330 Marijuana Production,Processing,and Retailing
18.116.340 Marijuana Production Registered by the Oregon Health Authority(OHA)
18.116.350 Accessory Dwelling Units in RR10 and MUA Zones
18.116.360 Nursery Schools
18.116.030. Off-street Parking and Loading.
E. General Provisions. Off-Street Parking.
5. Parking, Front Yard. Required parking and loading spaces for multi-family dwellings or
commercial and industrial uses shall not be located in a required front yard, except in the
Sunriver UUC Business Park (BP) District,and-the La Pine UUC Business Park(LPBP)
Chapter 18.116 (4Al2/2020)
District,and-the LaPine WC Industrial District(LPI),and the Airport Development(AD)
Zone,but such space may be located within a required side or rear yard.
(Ord. 2020-018 $2,2020; Ord. 2020-001 §14,2020; Ord. 2010-018 §1,2010, Ord. 2004-013 §12,
2004; Ord.2003-005 §2, 2003;Ord. 2002-015 §2,2002,Ord. 2001-044 §4,2001; Ord. 97-078 §6,
1997; Ord. 96-003 §7, 1996; Ord. 93 063 §2, 1993; Ord. 93 043 §19, 1993; Ord. 91 038 §1, 1991;
Ord.91 020§1, 1991;Ord.90 017§1, 1990)
Chapter 18.116 (1-012/2020)
Mailing Date:
Tuesday, November 10, 2020
DECISION,FINDINGS AND RECOMMENDATION OF
THE DESCHUTES COUNTY HEARINGS OFFICER
FILE NUMBERS: 247-20-000482-TA
HEARING DATE: September 15,2020, 6:00 p.m.
HEARING LOCATION: Videoconference and
Barnes& Sawyer Rooms
Deschutes Services Center
1300 NW Wall Street
Bend, OR 97708
APPLICANTS/OWNERS: City of Bend
AGENTS FOR APPLICANTS: Tom Headley,PE
Century West Engineering
1020 SW Enikay Drive, Ste. 100
Bend, OR 97239
SUBJECT PROPERTIES: The subject properties comprise the Bend Municipal Airport,which
includes the following addresses and tax lots:
1. 63066 Powell Butte Highway; tax'lot 200 on Assessor map 17-13-20;
2. 63110 Powell Butte Highway; tax lot 201 on Assessor map 17-13-20;
3. 63290 Powell Butte Highway;tax lot 100 on Assessor map'17-13-17C;
4. 63300 Powell Butte Highway; tax lot 200 on Assessor map 17-13-17; "
5. 22550 Nelson Place; tax lot 202 on Assessor map 17-13-20.
REQUEST: Applicant requests a text amendment to Deschutes County Code
Chapter 18.76, AD Zone, and Chapter 18.116, Supplementary Provisions ("Text Amendments"). The ,
specific language of the Text Amendments is included as Exhibit A to this decision.
STAFF CONTACT: Anthony Raguine, Senior Planner
HEARINGS OFFICER: Tommy A. Brooks
SUMMARY OF DECISION: The Hearings Officer finds that the Applicant's request satisfies all
precedural and substantive criteria necessary to approve the requested Text Amendments. The Hearings
Officer recommends the Deschutes County Board of County Commissioners adopt the requested Text
Amendments by ordinance.
///
///
1
I. APPLICABLE STANDARDS AND CRITERIA
Deschutes County Code
Title 18,Deschutes County Zoning Ordinance
Chapter 18.36,Amendments
Title 22,Deschutes County Development Procedures Ordinance
Chapter 22.28,Land Use Action Decisions
Statewide Planning Goals 1-19
State Statutes
ORS 836.610
ORSV836.616
State Administrative Rules
OAR Chapter 660,Division 013
II. BACKGROUND AND PROCEDURE
A. Background
The Applicant in this proceeding is the City of Bend ("City"). The City owns and operates the
Bend Municipal Airport ("Airport") on the subject properties. The subject properties are zoned Airport
Development(AD) ("AD Zone") and are the only properties in the County with that zoning designation.
The City is requesting various text amendments to Deschutes County Code("DCC" or"Code") Chapter
18.76,relating to the AD Zone,and Chapter 18.116,relating to various Supplementary Provisions of that
chapter applicable to the Airport.The Applicant included its requested text amendments in its application,
and later submitted a revised version of the specific text amendments it seeks. This decision will refer to
the final version of the text amendments; attached as Exhibit A,as the"Text Amendments."
As described by the City and County Planning Staff("Staff"),the proposed amendments to DCC
18.76 have the following purposes:
1. Streamline county review of personal use hangars -
2. Revise outright permitted uses to include"customary and usual aviation-related activities"
3. Adopt Oregon Administrative Rule("OAR")definition of"customary and usual aviation-
related activities"
4. Adopt Federal Aviation Administration(FAA) definitions of"fixed based operator" and
"hangar"
5. Reduce the arterial roadway (Powell Butte Highway) front yard setback from 100 feet to
50 feet
6. Reduce the rear yard setback from 50 feet to 20 feet.
2
The City and Staff state that the purpose of the proposed amendment to DCC 18.116.030(E)(5)is to allow
parking in the front yard for uses in the AD Zone.
B. Notice and Hearing
On August 12,2020,the County issued a Notice of Public Hearing("Notice")for this matter.The
County mailed the Notice to all owners of property within 250 feet of the AD Zone and the Airport
boundaries. The County also published the Notice in the Bend Bulletin.
Pursuant to the Notice, the Hearings Officer presided over the evidentiary hearing on September
15, 2020 at 6:00 p.m. Due to ongoing restrictions for public gatherings in response to the COVID-19
outbreak, the hearing was held in part via videoconference. The Hearings Officer, Staff, and two of the
Applicant's representatives appeared in person.
At the beginning of the evidentiary hearing, the Hearings Officer noted that this phase of the
adoption of the Text Amendments would be quasi-judicial in nature and,therefore directed participants to
confine comments to the approval criteria and standards, and to raise any issues a participant wanted to
preserve for appeal if necessary. At the conclusion of the evidentiary hearing, the Hearings Officer
announced that the record would remain open for written materials as follows: (1) any participant could
submit additional materials until September 29,2020; (2)any participant could submit additional rebuttal
materials until October 6, 2020; and (3) the Applicant could submit a fmal legal argument until October
13,2020.
C. Nature of Decision
The Text Amendments involve changes only to the language of the DCC.Due to the unique nature
of the AD Zone,the changes,if adopted,impact only one property owner—the City.This matter therefore
involves a threshold question of whether the Text Amendments are legislative,or whether they are indeed
quasi-judicial in nature.As explained below,this is a unique situation in which the Text Amendments are
both. DCC 18.136.010 governs amendments to the Code:
DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text
or legislative map changes shall be as set forth in DCC 22.12. A request by a
property owner for a quasi judicial map amendment shall be accomplished by filing
an application on forms provided by the Planning Department and shall be subject
to applicable procedures of DCC Title 22
By its express terms, this provision states that the process for a text amendment is as set forth in DCC
22.12. But DCC 22.12 broadly governs "legislative" procedures. DCC 22.04.020 defines legislative
changes as follows:
Legislative changes generally involve broad public policy decisions that apply to
other than an individual property owner. These include, without limitation,
amendments to the text of the comprehensive plans, zoning ordinances, or the
3
subdivision or partition ordinance and changes in zoning maps not directed at a
small number of property owners.
As Staff points out in its Staff Report(attached to this decision as Exhibit B),the Text Amendments
do not fit squarely within this defmition, as they apply to a single property owner. Further,the Code does
not expressly define"text amendment" in the context of legislative changes or in the context of a quasi-
judicial land use application,even though DCC 22.12.030 allows an individual to seek legislative changes
through an application process. Because of that gap, Staff believes the Text Amendments should be
processed in the same manner as a quasi-judicial plan amendment,which is governed by DCC 22.28.030.
In support of its conclusion, Staff provides a detailed analysis under Strawberry Hill 4 Wheelers
v. Benton Co. Bd. of Comm., 287 Or 591, 601 P2d 769 (1979) ("Strawberry Hill 4 Wheelers"). In that
case,the Oregon Supreme Court set out a multi-factor test to determine what process applies to a land use
application:
Generally,to characterize a process as adjudication presupposes that the process is
bound to result in a decision and that the decision is bound to apply preexisting
criteria to concrete facts. The latter test alone [applying preexisting criteria to
concrete facts] proves too much; there are many laws that authorize the pursuit of
one or more objectives stated in general terms without turning the choice of action
into an adjudication.Thus a further consideration has been whether the action,even
when the governing criteria leave much room for policy discretion, is directed at a
closely circumscribed factual situation or a relatively small number of persons.The
coincidence both of this factor and of preexisting criteria of judgment has led the
court to conclude that some land use laws and similar laws imply quasijudicial
procedures for certain local government decisions. Strawberry Hill 4 Wheelers at
602-03.
As Staff correctly notes, the Strawberry Hill 4 Wheelers decision sets out three factors which must be
considered:
1. Is the inquiry bound to result in a decision?
2. Are there preexisting criteria that are applied to concrete facts?
3. Is the inquiry directed at a closely circumscribed factual situation or a relatively small
number of persons?
Although it is a close call,the Hearings Officer agrees with County Planning Staff that the three
factors listed above, in this case,warrant following a quasi-judicial process for the City's Application, at
least initially. First, even if the Text Amendments are legislative changes, the Code provides an
opportunity for an individual to make an application to initiate amendments.Whether the County approves
or denies that application, a decision will result, so the inquiry is bound to result in a decision. Second,
although Staff does not make this argument,there are preexisting criteria applicable to the City's request.
Specifically,as explained in more detail below,ORS 836.610 et seq. and various state administrative rules
require the County to have certain provisions in its Code relating to the operation of airports. An
examination of the Text Amendments can determine if those requirements are met. Third, as already
4
acknowledged,this matter is directed at a relatively small number of persons because the City is the only
property owner within the AD Zone and,therefore,the only property owner directly impacted by the Text
Amendments.
At the same time, the Text Amendments carry the qualities of a legislative act. The language in
DCC 22.04.020 provides that legislative.changes "generally involve broad public policy decisions that
apply to other than an individual property owner," (emphasis added), and that definition does not state.
that decisions applicable to an individual property owner cannot be legislative.Indeed,that Code provision
goes on to list examples of legislative decisions,including amendments to the text of zoning ordinances.
An important component of DCC 22.12 is DCC 22.12.050,addressing final decisions.That Code
provision states that "[a]11 legislative changes shall be adopted by ordinance." That language does not
distinguish between purely legislative changes and those legislative changes that may be processed using
a quasi-judicial process. This makes sense because the DCC is adopted by ordinance, and any changes to
the text of the DCC would be an amendment to that adopted ordinance. It also makes sense because ORS
215.503(2)requires that"[a]ll legislative acts relating to comprehensive plans,land use planning or zoning
adopted by the governing body of a county shall be by ordinance."(Emphasis added).
Based on the foregoing,the Hearings Officer fmds that, in this case,the ultimate adoption of the
Text Amendments is a two-step process.The role of the Hearings Officer is to apply the law,not to change
it.In the first step of the process,the Applicant has a right under the DCC to submit and to have considered
an application to amend the Code's text. This phase of the process is quasi-judicial in nature and it is
appropriate to have a hearing and to build a record following the principles of a quasi-judicial process.As
part of that process, the Hearings Officer is addressing the application of the County's exiting laws. The
second step of the process is for the Deschutes County Board of Commissioners ("Board') to adopt an
ordinance to incorporate any text amendments to the Code.Amendments to the text of a zoning ordinance
are a change in the County's law,and only the Board can make such a change.In other words,the Hearings
Officer is without authority to amend the County's Code. The Hearings Officer, however, can make a
recommendation to the Board based on what develops in the quasi-judicial phase of the process.
III. FINDINGS AND CONCLUSI.ONS
The specific amendments the Applicant requests to the Code are attached as Exhibit A.
A. Compliance with Deschutes County Comprehensive Plan
Finding: The Hearings Officer fmds that the request in the Application is consistent with the
County's Comprehensive Plan. As noted by Staff, the Comprehensive Plan includes a Transportation
System Plan ("TSP"), which in turn includes an Airport Plan with an associated Goal and Policies. The
Goal and Policies are codified into the DCC,specifically Chapter 18.76. No participant in this proceeding
identified mandatory approval criteria within the Goal and Policies of the Airport Plan, or otherwise
provided evidence or argument that the Text Amendments will violate the Comprehensive Plan.
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5
B. Compliance with Code Provisions
Section 18.136.010. Amendments.
DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or legislative map
changes shall be as set forth in DCC 22.12. A request by a property owner for a quasi judicial map
amendment shall be accomplished by filing an application on forms provided by the Planning Department
and shall be subject to applicable procedures of DCC Title 22.
Finding: The Hearings Officer finds that the request in the Application satisfies DCC 18.136.010
because, as explained below, it is consistent with DCC 22.12.No participant in this proceeding provided
evidence or argument that this provision is not met.
DCC 22.12
22.12.010. Hearing Required.
No legislative change shall be adopted without review by the Planning Commission and a public hearing
before the Board of County Commissioners.Public hearings before the Planning Commission shall be set
at the discretion of the Planning Director, unless otherwise required by state law.
Finding: The Hearings Officer fords that the request in the Application satisfies DCC 22.12.010. It
is the Hearings Officer's understanding that, in the case of a text amendment initiated by an applicant(as
opposed to one initiated by the Board), the Board has delegated to the Hearings Officer the authority to
conduct the hearing on which the fmal decision will be made. It is also the Hearings Officer's
understanding that the Planning Director has exercised discretion not to set a hearing before the Planning
Commission. No participant in this proceeding provided evidence or argument that a different process
should be followed or that this provision is not met.
22.12.020. Notice.
A. Published Notice.
1. Notice of a legislative change shall be published in a newspaper of general circulation in the county
at least 10 days prior to each public hearing.
2. The notice shall state the time and place of the hearing and contain a statement describing the
general subject matter of the ordinance under consideration.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary
to comply with ORS 203.045.
C. Individual Notice. Individual notice to property owners, as defined in DCC 22.08.010(A), shall be
provided at the discretion of the Planning Director, except as required by ORS 215.503.
D.Media Notice. Copies of the notice of hearing shall be transmitted to other newspapers published in
6
Deschutes County.
Finding: The Hearings Officer finds that the request in the Application satisfies DCC 22.12.020.As
previously noted, the County provided notice of the proposed Text Amendments. No participant in this
proceeding provided evidence or argument that this provision is not met.
22.12.030. Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon payment of required fees as well
as by the Board of Commissioners or the Planning Commission.
Finding: The Hearings Officer finds that the Application satisfies DCC 22.12.030 because it
involves legislative changes initiated by the application from the City of Bend.
22.12.050. Final Decision.
All legislative changes shall be adopted by ordinance.
Finding: The Hearings Officer finds that the request in the Application satisfies DCC 22.12.050 if
the Board makes a fmal decision by adopting an ordinance with any approved amendments to the DCC.
The Hearings Officer's decision is therefore a recommendation to the Board on which the Board can take
fmal action. The decision and recommendation of the Hearings Officer does not purport to mandate any
particular proceeding the Board must follow as part of its adoption. No participant in this proceeding
provided evidence or argument that a different process should be followed or that this provision is not
met.
C. Compliance with Statewide Planning Goals and Associated Rules
Pursuant to 197.835(7),an amendment to a local land use regulation must either be consistent with
the Comprehensive Plan or,if the Comprehensive Plan does not provide a basis for the amendment,must
be consistent with the Statewide Planning Goals("Goals").Amendments to local land use regulations may
also be subject to specific administrative rules implementing the Goals. Because the Hearings Officer
concludes above that the Text Amendments are consistent with the County's Comprehensive Plan, this
general requirement is met. In the alternative, however, the Hearings Officer finds that the Text
Amendments are consistent with the Goals. In support of this finding, the Hearings Officer adopts the
reasoning set forth in pages 11 through 15 of the Staff Report(Exhibit B)with respect to each Goal,with
the exception of Goal 12, which is addressed individually below. The Hearings Officer further notes that
no participant in this proceeding provided evidence or argument that a requirement of any Statewide
Planning Goal is not met.
Goal 11 - To provide and encourage a safe, convenient and economic transportation system
Findings:Goal 12 is implemented,in part,through OAR 660-012-0060(the Transportation Planning Rule
or"TPR"). The TPR requires a local government to put in place certain measures if a land use regulation
"would significantly affect an existing or planned transportation facility."
7
The City addressed the TPR in its Application initially through the submittal of a memorandum
from Transight Consulting (Appendix 3 to the Application) ("Transight Memo"). That memorandum
presents an analysis of potential impacts to the County's transportation system if the Text Amendments
are adopted.
A Senior Transportation Planner for the County reviewed and provided comment on the Transight
Memo.Those comments were submitted to the record and also are reflected in the Staff Report.In general,
the County's transportation planner agreed with the methodologies and conclusions in the Transight
Memo, but also pointed out that the analysis had not yet addressed potential impacts that would result
from new uses allowed by the Text Amendments. Specifically,the revisions to DCC 18.76.070 would add
"customary and usual aviation-related activities"to uses allowed outright,which in turn would add"fixed-
base operator facilities" as an allowed use. The County's transportation planner noted that changes
proposed for 18.76.015, defining "fixed-based operator", includes a "commercial business granted the
right by the airport sponsor to operate on an airport and provide aeronautical services such as fueling,
hangaring, tie-down and parking, aircraft rental, aircraft maintenance, flight instruction, etc." The
County's transportation planner expressed a specific desire to have the Applicant document the
transportation impact of flight schools.
The City provided additional information regarding potential transportation impacts arising from
the newly-allowed uses— specifically addressing the addition of flight schools. In another memorandum
dated September 14, 2020, Transight Consulting provided an analysis describing what it believed to be
the appropriate classification for flight schools and the corresponding trip generation to be expected from
that use. In a third memorandum from Transight Consulting, dated September 21, 2020, the Applicant
refined its analysis and presented a "worst-case" scenario of traffic impacts that could result from new
flight schools under the Text Amendments. The Applicant's ultimate conclusion was that the Text
Amendments would result in no more than fifteen(15)weekday p.m.peak hour trips(adding hangars and
flight schools), well below the County's significance threshold of 25 or more weekday p.m. peak hour
trips. Neither the County nor any other participant disputed the conclusions in the Applicant's updated
analyses.
Goal 12 is also implemented through the application of OAR 660-013. Specifically, OAR 660-
013-0160(3) states that compliance with the requirements of OAR 660-013 "shall be deemed to satisfy
the requirements of Statewide Planning Goal 12 (Transportation) and OAR 660, division 12 related
Airport Planning". The provisions of OAR 660-013 are addressed below and the Hearings Officer fmds
that the Text Amendments comply with those provisions.
The Hearings Officer notes that no other participant in this proceeding provided evidence or
argument regarding the Text Amendments' compliance with the TPR. Based on the foregoing, the
Hearings Officer fmds that the Text Amendments would not significantly affect an existing or planned
transportation facility, no additional measures are therefore required, and that Goal 12 and its
implementing rules are satisfied.
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8
D. Compliance with Other State Statutes and Administrative Rules
According to the Applicant, the Text Amendments are necessary in part to comply with various
state laws. These rules are set forth below, followed by the Finding of the Hearings Officer.
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;
FINDING: The Hearings Officer finds that ORS 836.610(1)imposes a mandatory requirement on the
County to amend its Code to be consistent with rules for airports adopted by the Land Conservation and
Development Commission("LCDC"). Based on the information in this record,the Bend Municipal
Airport is a publicly owned airport recognized by the Oregon Department of Aviation("ODA"). No
other participant in this proceeding provided evidence or argument that this statute is not mandatory.
The applicable LCDC rules are addressed below.
836.616, Rules for airport uses and activities.
(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;
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;
9
(h) Aircraft rental;
(i) Aircraft sales and sale of aviation equipment and supplies; and
(j) Aviation recreational and sporting activities.
FINDING: The Hearings Officer finds that ORS 836.616(2)imposes a mandatory requirement on the
County to authorize the uses listed in that statute.The Text Amendments adopt the term"customary and
usual aviation-related activities",thereby bringing the Code into conformance with this statutory
requirement.The statute does not specify the extent to which each use must be authorized. That is,the
statute appears to provide the County with discretion to authorize such uses by right or subject to
additional regulations.As a result,the other uses listed in the statute remain authorized,but subject to
Site Plan Review under DCC 18.124 and,where applicable, Conditional Use Permit approval under
DCC 18.128.No other participant in this proceeding provided evidence or argument that this statute is
not mandatory or that the Text Amendments are inconsistent with the statutory mandate.
660-013-0030, Preparation and Coordination of Aviation Plans
(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: The Hearings Officer fmds that this administrative rule imposes a mandatory requirement
on the County to adopt land use regulations consistent with the statutes identified in the rule—addressed
above—and the provisions of this rule.
The Staff report notes that the Notice of Public Hearing was sent to multiple agencies, including
ODA,but that no comments were received from those agencies.
Various information throughout the record indicates that the Text Amendments will encourage
and support continued operation of the Airport. In addition to the strong statements made by Ms.
Williams,manager of the Airport,regarding the need for the Text Amendments and the demand the
Airport is trying to meet by streamlining the development of hangars,the director of the Redmond
10
Airport echoed those sentiments and provided testimony that the approach in the Text Amendments is
consistent with airport regulations and operations around the country.No other participant in this
proceeding provided evidence or argument that this administrative rule is not mandatory or that the Text
Amendments are inconsistent with the rule's mandate.
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:[various figures and be based on certain market
information].
FINDING: The Hearings Officer finds that this administrative rule imposes a mandatory requirement
on the County to adopt land use regulations for the Airport subject to ORS 836.610(1). That statute and
the Hearings Officer's finding on that statute are addressed above.Although the record indicates the
County has adopted airport planning documents that contain the required figures,the City asserts that
the figures are not current in that they do not illustrate hangars currently under development. The City
states that it has provided forecast information to the County in the form of the most recently adopted,
FAA-approved Airport Master Plan.No other participant in this proceeding provided evidence or
argument that this administrative rule is not mandatory or that the Text Amendments are inconsistent
with the rule's mandate. The Hearings Officer therefore finds the Text Amendments satisfy this rule's
mandate and will better conform the County's Code to that mandate.
660-013-0050, Implementation of Local Airport Planning
A local government with planning responsibility for one or more airports or areas within safety zones or
compatibility zones described in this division or subject to requirements identified in ORS 836.608 shall
adopt land use regulations to carry out the requirements of this division, or applicable requirements of
ORS 836.608, consistent with the applicable elements of the adopted state ASP and applicable statewide
planning requirements.
FINDING: The Hearings Officer fmds that this administrative rule imposes a mandatory requirement
on the County to adopt land use regulations consistent with the applicable elements of the adopted state
Aviation System Plan("ASP") and applicable statewide planning requirements. The Applicant asserts
that the Text Amendments, specifically the changes to DCC 18.80.032, are proposed to update the uses
allowed in the safety zone, as required by this administrative rule. Other findings above address
applicable statewide planning requirements, and the Hearings Officer has concluded the Text
Amendments are consistent with those requirements.
No other participant in this proceeding provided evidence or argument that this administrative
rule is not mandatory or that the Text Amendments are inconsistent with the rule's mandate. The
11
Hearings Officer therefore finds the Text Amendments satisfy this rule's mandate and will better
conform the County's Code to that mandate.
660-013-0070,Local Government Safety Zones for Imaginary Surfaces
(1)A local government shall adopt an Airport Safety Overlay Zone to promote aviation safety by
prohibiting structures, trees, and other objects of natural growth from penetrating airport imaginary
surfaces.
* * *
(2)For areas in the safety overlay zone, but outside the approach and transition surface, where the
terrain is at higher elevations than the airport runway surface such that existing structures and planned
development exceed the height requirements of this rule, a local government may authorize structures
up to 35 feet in height.A local government may adopt other height exceptions or approve a height
variance when supported by the airport sponsor, the Oregon Department of Aviation, and the FAA.
FINDING: The Hearings Officer finds that this administrative rule imposes a mandatory requirement
on the County to adopt an Airport Safety Overlay Zone. The Staff Report notes that the County's Zoning
Map and the provisions of DCC 18.76 already incorporate the required safety zones for imaginary
surfaces and that the Text Amendment do not alter that map or the associated safety provisions. The
Applicant asserts that the Text Amendments propose to amend the existing provisions only to update the
description of uses in the protected areas, and that proposed development remains subject to FAA
review for compliance with the currently-adopted Airport Layout Plan and airspace through the FAA
7460 review process.
No other participant in.this proceeding provided evidence or argument that this administrative
rule is not mandatory or that the Text Amendments are inconsistent with the rule's mandate. The
Hearings Officer therefore finds the Text Amendments satisfy this rule's mandate and will better
conform the County's Code to that mandate as proposed by the Applicant.
660-013-0080, Local Government Land Use Compatibility Requirements for Public Use Airports
(1)A local government shall adopt airport compatibility requirements for each public use airport
identified in ORS 836.610(1).
FINDING: The Hearings Officer finds that this administrative rule imposes a mandatory requirement
on the County to adopt specific airport compatibility requirements for each public use airport. The Staff
Report notes that the provisions of DCC 18.76 already incorporate the compatibility requirements
required by this rule and that the Text Amendments do not alter those requirements. The Applicant
asserts that the Text Amendments propose to amend the existing provisions only to update the
description of uses allowed under the DCC.
12
No other participant in this proceeding provided evidence or argument that this administrative
rule is not mandatory or that the Text Amendments are inconsistent with the rule's mandate. The
Hearings Officer therefore fords the Text Amendments satisfy this rule's mandate and will better
conform the County's Code to that mandate as proposed by the Applicant.
660-013-0100,Airport Uses at Non-Towered Airports
Local government shall adopt land use regulations for areas within the airport boundary of non-towered
airports identified in ORS 836.610(1) that authorize the following uses and activities:
(1) Customary and usual aviation-related activities including but not limited to takeoffs, landings,
aircraft hangars, tiedowns, construction and maintenance of airport facilities, fixed-base operator
facilities, a residence for an airport caretaker or security officer, and other activities incidental to the
normal operation of an airport. Residential, commercial, industrial, manufacturing, and other uses,
except as provided in this rule, are not customary and usual aviation-related activities and may only be
authorized pursuant to OAR 660-013-0110.
FINDINGS: The Hearings Officer finds that this administrative rule imposes a mandatory requirement
on the County to adopt land use regulations authorizing the uses and activities specified in the rule. The
applicant proposes to adopt the term"customary and usual aviation-related activities"to conform the
DCC to this rule and to make that use an outright permitted use. The rule does not specify the extent to
which each use must be authorized. That is,the rule appears to provide the County with discretion to
authorize such uses by right or subject to additional regulations. Other uses and activities specified in the
rule will therefore remain authorized,but subject to Site Plan Review under DCC 18.124 and,where
applicable, Conditional Use Permit approval under DCC 181.128.
No other participant in this proceeding provided evidence or argument that this administrative
rule is not mandatory or that the Text Amendments are inconsistent with the rule's mandate. The
Hearings Officer therefore finds the Text Amendments satisfy this rule's mandate and will better
conform the County's Code to that mandate as proposed by the Applicant.
///
///
///
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13
V. CONCLUSION AND RECOMMENDATION
Based on the Findings above,the Hearings Officer concludes that the Applicant's proposed
amendments to Chapter 18.76,AD Zone, and Chapter 18.116, Supplementary Provisions of the
Deschutes County Code comply with the County's provisions for amending the Code, and that they
bring the County's land use regulations into further compliance with mandates imposed by state statutes
and rules relating to planning for airports. The Hearings Officer therefore recommends that the
Deschutes County Board of Commissioners adopt the amendments presented in Exhibit A by ordinance.
Dated this 9th day of November 2020
Tommy A. Brooks
Deschutes County Hearings Officer
Attachment:
Exhibit A—Text Amendments
Exhibit B—Staff Report
14
EXHIBIT A
TRACKED CHANGES FOR PROPOSED
AIRPORT DEVELOPMENT ZONE TEXT AMENDMENT
FILE NUMBER: 247-20-000482-TA
APPLICANT: City of Bend—Bend Municipal Airport
63132 Powell Butte Road
Bend,OR 97701
A. BASIS FOR CHANGE
The following text amendments are proposed to allow for streamlined approval of hangar development
projects and allow hangar development in all zones on the airport.The proposed text amendments are shown
as strikeout for text to be removed,and underline for text to be added.These change include the suggestions
provided with the Staff Report and changes resulting from the September 15,2020,Public Hearing.
B. PROPOSED TEXT AMENDMENTS
Amend Section 18.116.030(E)(5)to:
5.Parking,Front Yard.Required parking and loading spaces for multi-family dwellings or commercial and
industrial uses shall not be located in a required front yard,except in the Sunriver UUC Business Park'(BP)
Districts and the La Pine UUC Business Park (LPBP) District,and-the La Pine UUC Industrial District
(LPI),and the Airport Development(AD)Zone, but such space may be located within a required side or
rear yard.
Amend the following Sections of Chapter 18.76 to:
18.76.010. Purpose.
The purpose of the Airport Development (AD) Zone is to allow for development compatible with
ongoing airport use consistent with the most recently adopted Deschutes County Year 2000
Comprehensive Plan and the most recently approved1991 Bend Airport Master Plan(as amended by
a 2002 supplement), while providing for public review of proposed development likely to have
significant impact on surrounding lands. The AD Zone is composed of three separate zoning districts,
each with its own set of allowed uses and distinct regulations,as further set forth in DCC 18.76.
(Ord.2003-036 §2,2003;Ord.91-020 §1, 1991
•
18.76.015 Definitions.
The following definitions applies only to Chapter 18.76.
"Customary and usual aviation-related activities"include,but are not limited to,takeoffs,landings,aircraft
hangars, tiedowns, construction and maintenance of airport facilities, fixed-base operator facilities, a
residence for an airport caretaker or security officer,and other activities incidental to the normal operation
of an airport. Residential,commercial,industrial,manufacturing,and other uses.except as provided in this
EXHIBIT A- Decision
Page 1 of 6
rule,are not customary and usual aviation-related activities and may only be authorized pursuant to OAR
660-013-0110.
"Fixed-base operator or FBO" means a commercial business granted the right by the airport sponsor to
operate on an airport and provide aeronautical services such as fueling, hangaring,tie-down and parking,
aircraft rental,aircraft maintenance,flight instruction,etc.
"Hangar"means an airport structure intended for the following uses:
A. Storage of active aircraft.
B. Shelter for maintenance, repair, or refurbishment of aircraft, but not the indefinite storage of
non-operational aircraft.
C. Construction of amateur-built or kit-built aircraft
D. Storage of aircraft handling equipment,e.g.,tow bar,glider tow equipment,workbenches,and
tools and materials used to service,maintain,repair or outfit aircraft: items related to ancillary
or incidental uses that do not affect the hangars'primary use.
E. Storage of materials related to an aeronautical activity,e.g.,balloon and skydiving equipment,
office equipment, teaching tools, and materials related to ancillary or incidental uses that do
not affect the hangars'primary use:storage of non-aeronautical items that do not interfere with
the primary aeronautical purpose of the hangar(for example.televisions,furniture).
F. A vehicle parked at the hangar while the aircraft usually stored in that hangar is flying,subject
to local airport rules and regulations.
AVG. A hangar may include restrooms, pilot lounge, offices, briefing rooms, and crew
quarters.
18.76.020. Standards in All Districts.
A. Approval Required.Any use in an AOD,ASD,or ARID District shall be subject to DCC 18.124.
1. Hangars not associated with a commercial or industrial use are exempt from DCC
18.124.
2. Airfield improvements including but not limited to runways,taxiways,taxilanes,
aircraft parking aprons,service roads.navigational aids,and runway and safety
facilities required by the Federal Aviation Administration(FAA)are not subject to
County review.
B. Solar Setbacks. The setback from the north lot line shall meet the solar setback requirements of
DCC 18.116.180.
C. Building Code Setbacks.In addition to the setbacks set forth herein,any greater setbacks required
by applicable building or structural codes adopted by the State of Oregon and/or Deschutes
County under DCC 15.04 shall be met.
D. Off-Street Parking and Loading. Off-street parking and loading shall be provided subject to the
parking provisions of DCC 18.116.
E. Outdoor Lighting.All outdoor lighting shall be installed in conformance with DCC 15.10.
F. Excavation, Grading and Fill and Removal. Excavation,grading and fill and removal within the
bed and banks of a stream or river or in a wetland shall be subject to DCC 18.120.050 and/or
DCC 18.128.270.
G. Signs. All signs shall be constructed in accordance with the provisions of DCC 15.08.
EXHIBIT A- Decision
Page 2 of 6
C:I-I. Notification.Deschutes County shall provide notification of all land use applications in an AD
zone to the airport manager owner's designee in accordance with the provisions of DCC Title 22.
(Ord.2003-036 §2,2003)
18.76.030. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright in all of the Airport Districts:
A. Class I and II road or street project subject to approval as part of a land partition,subdivision or
subject to the standards and criteria established by DCC 18.116.230.
B. Class III road or street project.
C. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation
District except as provided in DCC 18.120.050.
D. Farm use as defined in DCC Title 18.
E. Customary and usual aviation-related activities.
1F.Hangars are subject to the standards and criteria established by DCC 18.76.105.
(Ord.2003-036 §2,2003;Ord.2001-039 §10,2001;Ord.2001-016 §2,2001;Ord. 93-043 §11, 1993;
Ord.91-020 §1, 1991)
18.76.040. Conditional Uses.
The following uses may be allowed in all of the Airport Districts subject to DCC 18.128.
A. Farm accessory buildings and uses, excluding residential uses.
B. Utility facility necessary for public service except landfills.
C. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a
" wetland subject to DCC 18.120.050 and/or DCC 18.128.270.
(Ord.2003-036 §2,2003; Ord.2001-039 §10,2001;Ord.2001-016 §2,2001;Ord.91-038 §1, 1991)
18.76.050. Use Limitations.
The following limitations and standards shall apply to all permitted uses in the Airport Districts:
A. The height of any plant growth or structure or part of a structure such as chimneys, towers,
antennas,power lines,etc.,shall not exceed 35 feet.
B. In approach zones beyond the clear zone areas,no meeting place designed to accommodate more
than 25 persons for public or private purposes shall be permitted.
C. All parking demand created by any use permitted by DCC 18.76 shall be accommodated on the
subject premises entirely off-street.
D. No use permitted by DCC 18.76 shall require the backing of traffic onto a public or private street
or road right of way.
E. No power lines shall be located in clear zones.
F. No use shall be allowed which is likely to attract a large quantity of birds,particularly birds which
normally fly at high altitudes.
(Ord.2003-036 §2,2003; Ord.91-020 §1, 1991)
18.76.060. Dimensional Standards.
The following dimensional standards shall apply in the Airport Districts:
A. The minimum lot size shall be determined subject to the provisions of DCC 18.76 relative to
setback requirements, off-street parking and loading requirements, lot coverage limitations or as
EXHIBIT A- Decision
Page 3 of 6
deemed necessary by the Planning Director or Hearings Body to maintain air, land and water
resource quality,protect adjoining and area land uses,and to ensure resource carrying capacities
are not exceeded.
B. An airport related use or structure located adjacent to or across the street from an existing
residential use or platted residential lot shall not exceed 70 percent lot coverage and shall require
off-street parking and loading areas.
C. The minimum setback between any structure and an arterial or collector right of way shall be
504-00 feet.The ~ setback between any structure and a collector-ght efway shall b e 50
feet. The minimum setback between any structure and all local streets shall be 20 feet.
D. The minimum setback between any structure and a property line adjoining a residential use or lot
shall be 50 feet.
E. The minimum lot frontage shall be 50 feet.
F. The minimum side setback between any structure and a property line shall be three feet,and the
minimum total of both side setbacks shall be 12 feet.
G. The minimum rear setback between any structure and a rear property line shall be 50-20 feet.
C, H. The minimum setback from internal airport streets.access roads.and drives shall be 10 feet from
the edge of pavement.
(Ord.2003-036§2,2003; Ord. 94-008 §24, 1994;Ord. 91-020 §1, 1991)
18.76.070. Airfield Operations District(AOD).
Uses Permitted Outright. The uses permitted outright are those listed under DCC 18.76.030. e
P 11 a tt, omitted out«ght:
> .
rae-:litics approved or mandated by the FA won State AeronauticsDivisio cif"ally
(Ord.2003-036 §2,2003)
18.76.080. Aviation Support District(ASD).
A. Uses Permitted Outright. The uses permitted outright are those listed under DCC
18.76.03 0.
€B.Conditional.Uses Permitted. The following conditional uses may be permitted subject to DCC
18.128 and a conditional use permit:
1. Restaurant, which may include a bar or cocktail lounge as an accessory use. One restaurant
per airport.Restaurant, including any accessory use,to be 2,500 square feet or less in size.
2. Airport or aviation-related businesses that benefit from an on-airport location.
(Ord.2004-013 §8,2004;Ord. 2003-036 §2,2003)
18.76.090. Aviation-Related Industrial District(ARID).
EXHIBIT A- Decision
Page 4 of 6
Uses Permitted Outright. The uses and permitted outright are those listed under DCC
18.76.030.
A. Runway,taxiway, service road, fuel storage and sales and emergency repair.
B. Facilities approved or mandated by the FAA or Oregon State Aeronautics Division.
A. Airport or aviation-related commercial or industrial businesses that benefit from an on-airport
location.
(Ord.2003-036 §2,2003)
18.76.100. Design and Use Criteria.
The following dimensional standards shall apply in the Airport Districts:
The Planning Director or Hearings Body shall take into account the impact of any proposed conditional
use within the AD Zone on nearby residential and commercial uses, and on the capacity of
transportation and other public facilities and services. In approving a proposed conditional use, the
Planning Director or Hearings Body shall find that:
A. The proposed use is in compliance with the Comprehensive Plan,including the current version of
the adopted Bend Airport Master Plan.
B. The proposed use is in compliance with the intent and provisions of DCC Title 18.
C. Any adverse social,economical,physical or environmental impacts are minimized.
D. The proposed use is not sensitive to noise of the character anticipated by the current and expected
noise level contours of the airport.
E. The proposed use is compatible with adjacent agricultural and residential uses.
F. There are sufficient public facilities and services to support the proposed use.
G. The location and site design of the proposed facility will not be hazardous to the safety and general
welfare of surrounding properties,and that the location will not unnecessarily restrict existing and
future development of surrounding lands as indicated in the Comprehensive Plan.
H. The use shall make the most effective use reasonably possible of the site topography, existing
landscaping and building placement so as to preserve existing trees and natural features,preserve
vistas and other views from public ways,minimize visibility of parking,loading and storage areas
from public ways and neighboring residential uses, and minimize intrusion into the character of
existing developments and land uses in the immediate vicinity of the proposed use.
(Ord.2018-006 §9,2018; Ord.2003-036 §2,2003;Ord. 91-020 §1, 1991)
18.76. 105.Hangars.
A. Review Process.
1. Hangars,as defined in section 18.76.015,shall be processed as a development action pursuant to
DCC 22.16 and are not subject to DCC 18.124.
2. Hangars intended to support fixed based operators,flight schools,paint shops,and other
commercial and industrial uses are subject to DCC 18.124.
B. Hangar Approval Criteria.
1. The location and height of proposed structures must be clear of FAA protected surfaces including
runway safety area,runway protection zone,runway object free area,taxiway/taxilane object free
EXHIBIT A- Decision
Page 5 of 6
area,FAA Part 77 surfaces,FAA TERPS surfaces,and other clear areas identified on the currently
adopted Airport Layout Plan.
2. No above-ground utility installations shall be allowed
3. All exterior lighting shall be shielded so that direct light does not project off-site pursuant to DCC
15.10.
4. Parking Requirement.
a. Hangars under 10,000 square feet of floor space are not subject to the parking requirement
under DCC 18.116.030(8).
b. Hangars greater than or equal to 10,000 square feet of floor space are subject to the parking
requirement under DCC 18.116.030(8).This required vehicle parking can be accommodated
inside the hangar.
18.76. 110. Additional Requirements.
As a condition of approval for any conditional use proposed within the AD Zone,the Planning Director
or Hearings Body may require:
A. An increase in required setbacks.
B. Additional off-street parking and loading facilities and building standards.
C. Limitations on signs or lighting, hours of operation, points of ingress and egress and building
heights.
D. Additional landscaping,screening and other improvements.
E. Glare-resistant materials in construction or other methods likely to reduce operating hazards.
F. Other conditions considered necessary to achieve compliance and policies of the Comprehensive
Plan.
(Ord. 2003-036 §2,2003; Ord.91-020 §1, 1991;Ord. 80-221 §1, 1980)
EXHIBIT A- Decision
Page 6 of 6
EXHIBIT B
COMMUNITY DEVELOPMENT
STAFF REPORT
AIRPORT DEVELOPMENT ZONE TEXT AMENDMENT
FILE NUMBER: 247-20-000482-TA
SUBJECT PROPERTY: The Airport Development("AD")Zone, as illustrated in the attached Exhibit
A, encompasses the Bend Municipal Airport ("Airport"),which includes the
following addresses and tax lots:
1. 63066 Powell Butte Highway;tax lot 200 on Assessor map
17-13-20;
2. 63110 Powell Butte Highway;tax lot 201 on Assessor map
17-13-20;
3. 63290 Powell Butte Highway;tax lot 100 on Assessor map
17-13-17C;
4. 63300 Powell Butte Highway;tax lot 200 on Assessor map
17-13-17;
5. 22550 Nelson Place;tax lot 202 on Assessor map 17-13-20.
APPLICANT/OWNER: City of Bend ("City")
STAFF CONTACT: Anthony Raguine, Senior Planner
anthony.raguine@deschutes.org
(541) 617-4739
DOCUMENTS: Can be viewed and downloaded from:
www.buildingpermits.oregon.gov — search by file number; and
http://dial.deschutes.org - search by account number 15174
REQUEST
Amendments to Deschutes County Code (DCC) Chapter 18.76, AD Zone, and Chapter 18.116,
Supplementary Provisions, as detailed below.
The purpose of the DCC 18.76 amendments is to:
1. Streamline county review of personal use hangars;
117 NW Lafayette Avenue,Bend, Oregon 97703 I P.O.Box 6005, Bend,OR 97708-6005
Z: (541)388-6575 @ cdd@deschutes.org ® www.deschute p( IT B - Decision
Page 1 of 21
2. Revise outright permitted uses to include 'customary and usual aviation-related
activities';
3. Adopt Oregon Administrative Rule ("OAR") definition of'customary and usual aviation-
related activities';'
4. Adopt Federal Aviation Administration (FAA) definitions of'fixed based operator'2 and
'hangar';3
5. Reduce the arterial roadway(Powell Butte Highway) front yard setback from 100 feet to
50 feet;and
6. Reduce the rear yard setback from 50 feet to 20 feet.
The purpose of the DCC 18.116.030(E)(5) amendment is to allow parking in the front yard for uses
in the AD Zone.
II. BACKGROUND
The primary intent of any zoning ordinance is to serve as the regulatory tool required to
implement the vision, goals, and objectives laid out within the governing comprehensive plan.
The 2012 Bend Airport Master Plan ("Master Plan") was never formally adopted as part of the
Deschutes County Comprehensive Plan. However,this FAA-approved Master Plan has still served
as the guiding document for development at the Airport due to federal grant obligations.
The City states that recent attempts to develop aviation related activities at the Bend Municipal
Airport have identified a division between the Deschutes County zoning ordinance and the
planned development depicted in the Master Plan during several attempts to develop aviation
related facilities that would otherwise be approved by the FAA. For this reason, the applicant
perceives the AD Zone, which identifies three distinct aviation related development sub-districts,
as a hindrance to implementing aviation related development at the airport.
In support of this argument, the applicant notes that modern planning practitioners have
suggested the proliferation of zoning districts is a common problem within conventional zoning.
"As the number of districts grows, it becomes harder to distinguish among them; as the
distinctions become less clear,the purpose of any given district becomes blurred, and the formal
distinctions become less defensible" (Levy, John M, Contemporary Urban Planning, 10th Edition,
2016). Levy goes on to say that;
"...an increase in the number of districts results in fewer uses being permitted in any single
district.This decreases the likelihood that an available site will be properly zoned to meet
a developer's needs. This, in turn, increases the probability that a zoning amendment will
be sought."
1 Reference OAR 660-013-0100
2 Reference FAA Circular 150/5190-7
3 Reference FAA website https://www.faa.gov/airports/airport compliance/hangar use/#q1
247 20 000482-TA EXHIBIT B - D a isi of 21
Page o
To alleviate this issue and standardize outright permitted uses in the AD Zone, the applicant
proposes amendments which will include adoption of definitions from the OAR and from FAA
documents.
Finally, the applicant notes recent challenges with obtaining development approval of aviation
related uses on the Airport. It is staff's understanding the challenges are most acute for proposed
personal use hangars which, under the current code, require Site Plan Review pursuant to DCC
18.124. To alleviate this issue, the City proposes a streamlined review process for personal use
hangars. In sum, the City is requesting Deschutes County adopt the proposed zoning text
amendments to ensure development-ready projects consistent with the language of the text
amendment are processed efficiently.
Ill. AMENDMENTS
The proposed amendments are shown as strikeout for text to be removed, and underline for text
to be added.
Chapter 18.76,Airport Development Zone
Section 18.76.010. Purpose.
The purpose of the Airport Development (AD) Zone is to allow for development
compatible with ongoing airport use consistent with the most recently adopted Deschutes
County Year 2000 Comprehensive Plan and the most recently approved 199, Bend Airport
Master Plan (as amended by a 2002 supplement), while providing for public review of
proposed development likely to have significant impact on surrounding lands. The AD
Zone is composed of three separate zoning districts,each with its own set of allowed uses
and distinct regulations, as further set forth in DCC 18.76.
(Ord. 2020-xxx; Ord. 2003-036 §2, 2003; Ord. 91-020 §1, 1991)
STAFF COMMENT: Staff suggests striking the word 'Year'from the text as a minor adjustment to
the applicant's proposed language. With this adjustment, the first sentence of the Purpose
statement would read,
The purpose of the Airport Development (AD) Zone is to allow for development
compatible with ongoing airport use consistent with the most recently adopted Deschutes
County e YT00 Comprehensive Plan and the most recently approved 1991 Bend Airport
Master Plan (as amended by a 2002 supplement), while providing for public review of
proposed development likely to have significant impact on surrounding lands.
New Section 18.76.015. Definitions.
18.76.015. Definitions.
The following definitions apply only to Chapter 18.76.
247-20-000482-TA EXHIBIT B - D a isiQnf 21
Page 2�
"Customary and usual aviation-related activities" include, but are not limited to, takeoffs,
landings, aircraft hangars, tiedowns, construction and maintenance of airport facilities,
fixed-base operator facilities, a residence for an airport caretaker or security officer, and
other activities incidental to the normal operation of an airport. Residential, commercial,
industrial, manufacturing, and other uses, except as provided in this rule, are not
customary and usual aviation-related activities and may only be authorized pursuant to
OAR 660-013-0110.
"Fixed-base operator or FBO" means a commercial business granted the right by the
airport sponsor to operate on an airport and provide aeronautical services such as fueling,
hangaring, tie-down and parking, aircraft rental, aircraft maintenance, flight instruction,
etc.
"Hangar" means an airport structure intended for the following uses:
A. Storage of active aircraft.
B. Shelter for maintenance, repair, or refurbishment of aircraft, but not the indefinite
storage of non-operational aircraft.
C. Construction of amateur-built or kit-built aircraft
D. Storage of aircraft handling equipment, e.g., tow bar, glider tow equipment,
workbenches, and tools and materials used to service, maintain, repair or outfit
aircraft; items related to ancillary or incidental uses that do not affect the hangars'
primary use.
E. Storage of materials related to an aeronautical activity, e.g., balloon and skydiving
equipment, office equipment, teaching tools, and materials related to ancillary or
incidental uses that do not affect the hangars' primary use; storage of non-
aeronautical items that do not interfere with the primary aeronautical purpose of
the hangar(for example,televisions,furniture).
F. A vehicle parked at the hangar while the aircraft usually stored in that hangar is
flying, subject to local airport rules and regulations.
G. A hangar may include restrooms, pilot lounge, offices, briefing rooms, and crew
quarters.Any commercial or industrial use in a hangar requires additional land use
review.
(Ord. 2020-xxx)
Section 18.78.020. Standards in All Districts.
A. Approval Required. Any use in an AOD, ASD, or ARID District shall be subject to
DCC 18.124.
1. Hangars not associated with a commercial or industrial use are exempt
from DCC 18.124.
2. Airfield improvements including but not limited to runways, taxiways,
taxilanes, aircraft parking aprons, service roads, navigational aids, and
runway and safety facilities required by the Federal Aviation Administration
(FAA) are not subject to County review.
H. Notification. Deschutes County shall provide notification of all land use
247-20-000482-TA EXHIBIT B - Dea isiQnf 21
Page 4 0?Q 1
•
applications in an AD zone to the airport manager owner's designee in accordance
with the provisions of DCC Title 22.
(Ord. 2020-xxx; Ord. 2003-036 §2, 2003)
Section 18.76.030. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright in all of the Airport
Districts:
E. Customary and usual aviation-related activities.
F. Hangars are subject to the standards and criteria established by DCC 18.76.105.
(Ord.2020-x)o; Ord. 2003-036 §2, 2003; Ord.2001-039 §10, 2001; Ord. 2001-016 §2, 2001;
Ord. 93-043 §11, 1993; Ord. 91-020 §1, 1991)
Section 18.76.060. Dimensional Standards.
The following dimensional standards shall apply in the Airport Districts:
C. The minimum setback between any structure and an arterial or collector right of
way shall be 50408 feet. The minimum setback between any structure and a
collector right ofway-slaall be 50 feet The minimum setback between any structure
and all local streets shall be 20 feet.
G. The minimum rear setback between any structure and a rear property line shall be
20 feet.
H. The minimum setback from internal airport streets, access roads, and drives shall
be 10 feet from the edge of pavement.
(Ord. 2020-xxx; Ord. 2003-036 §2, 2003; Ord. 94-008 §24, 1994;Ord. 91-020 §1, 1991)
STAFF COMMENT: The Road Department,does not object to the amended minimum setbacks.
Section 18.76.070. Airfield Operations District(AOD).
Uses Permitted Outright. The uses permitted outright are those listed under DCC
18.76.030.The following ' and their access permitter eu tright:
A. Runway,taxiway, service road,fuel storage and sales and emergency repair.
8. Facilities approved or mandated by the FM or Oregon State Aeronautics Division
eperifically si ppening pert operation
(Ord. 2020-x)x; Ord. 2003-036 §2, 2003)
Section 18.76.080. Aviation Support District (ASD).
A. Uses Permitted Outright. The uses permitted outright are those listed under DCC
18.76.030.The following , and their accesses,„ses a misted e„t.i„ht.
2. Facilities approved or mandated by the FM or Oregon State Aeronautics
EXHIBIT B - D cisi n
247-20-000482-TA Page of f 21
Dice
3. Related uses which are customarily appurtenant to airports, including but
not limited to h� tin down � as and narking facilities
B. Conditional Uses Permitted. The following conditional uses may be permitted
subject to DCC 18.128 and a conditional use permit:
1. Restaurant,which may include a bar or cocktail lounge as an accessory use.
One restaurant per airport. Restaurant, including any accessory use, to be
2,500 square feet or less in size.
2. Airport or aviation-related businesses that benefit from an on-airport
location.
(Ord. 2020-xxx; Ord. 2004-013 §8, 2004; Ord. 2003-036 §2, 2003)
Section 18.876.090. Aviation-Related Industrial District (ARID)
Uses Permitted Outright. The uses permitted outright are those listed under DCC
18.76.030.The following uses and their accessory uses are permitted outright:
A. Runway,taxiway,service road,fuel storage and sales and emergency repair.
B. Facilities approved or mandated by the FM or Oregon State Aeronautics Division.
C. Related uses which arc customarily appurtenant to airports, including but not
limited to hangars,tic down areas and parking facilities.
PA. Airport or aviation-related commercial or industrial businesses that benefit from
an on-airport location.
(Ord. 2020-xxxL Ord. 2003-036 §2, 2003)
New Section 18.76.105. Hangars
18.76. 105. Hangars.
A. Review Process.
1. Hangars, as defined in section 18.04.030, shall be processed as a
development action pursuant to DCC 22.16 and are not subject to DCC
18.124.
2. Hangars intended to support fixed based operators, flight schools, paint
shops,and other commercial and industrial uses are subject to DCC 18.124.
B. Hangar Approval Criteria.
1. The location and height of proposed structures must be clear of FAA
protected surfaces including runway safety area, runway protection zone,
runway object free area, taxiway/taxilane object free area, FAA Part 77
surfaces, FAA TERPS surfaces, and other clear areas identified on the
currently adopted Airport Layout Plan.
2. No above ground utility installations shall be allowed
3. All exterior lighting shall be shielded so that direct light does not project
off site pursuant to DCC 15.10.
4. Parking Requirement.
a. Hangars under 10,000 square feet of floor space are not subject to
the parking requirement under DCC 18.116.030(8).
247 20 000482 TA EXHIBIT B - Doacisi9nf 21
Page b'"8f 2'D
b. Hangars greater than or equal to 10,000 square feet of floor space
are subject to the parking requirement under DCC 18.116.030(8).
This required vehicle parking can be accommodated inside the
hangar.
Chapter 18.116, Supplementary Provisions
Section 18.116.030. Off-Street Parking and Loading.
E. General Provisions. Off-Street Parking.
5. Parking, Front Yard. Required parking and loading spaces for multi-family
dwellings or commercial and industrial uses shall not be located in a
required front yard, except in the Sunriver UUC Business Park (BP) District
and the La Pine UUC Business Park (LPBP) District a the La Pine UUC
Industrial District (LPI), and the Airport Development (AD) Zone, but such
space may be located within a required side or rear yard.
STAFF COMMENT: Staff suggests striking the word 'and' before the phrase 'the La Pine UUC
Business Park(LPBP) District.' With this minor adjustment, the language would read,
E. General Provisions. Off-Street Parking.
5. Parking, Front Yard. Required parking and loading spaces for multi-family
dwellings or commercial and industrial uses shall not be located in a required front
yard, except in the Sunriver UUC Business Park (BP) District,.arm the La Pine UUC
Business Park (LPBP) District aril the La Pine UUC Industrial District (LPI), and the
Airport Development(AD) Zone, but such space may be located within a required
side or rear yard.
IV. REVIEW PROCESS
Chapter 18.136,Amendments
Section 18.136.010. Amendments.
DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or
legislative map changes shall be as set forth in DCC 22.12. A request by a property
owner for a quasi judicial map amendment shall be accomplished by filing an
application on forms provided by the Planning Department and shall be subject to
applicable procedures of DCC Title 22.
FINDING: As noted by the above criteria, the procedures for a text change, more commonly
referred to as a text amendment, are set forth in DCC 22.12, Legislative Procedures. Deschutes
County Code 22.04.020 includes the following definition,
247-20-000482-TA EXHIBIT B - D cisignf 21
Page r8f 2f
"Legislative changes generally involve broad public policy decisions that apply to other
than an individual property owner. These include,without limitation, amendments to the
text of the comprehensive plans, zoning ordinances, or the subdivision or partition
ordinance and changes in zoning maps not directed at a small number of property
owners." (emphasis added)
Pursuant to this definition, policy decisions and zoning text amendments which apply to a single
property owner are not considered legislative changes. For this reason, staff finds the proposal
by the City, which is the sole owner of the Airport, is not a legislative change. Given this finding,
staff looks at whether the proposal is appropriately processed as a quasi-judicial matter.
Deschutes County Code 22.04.020 provides the following definition of'quasi judicial',
"Quasi judicial"zone change or plan amendment generally refers to a plan amendment or
zone change affecting a single or limited group of property owners and that involves the
application of existing policy to a specific factual setting. (The distinction between legislative
and quasi judicial changes must ultimately be made on a case by case basis with reference
to case law on the subject.)
Staff notes the DCC does not define 'text amendment.' For this reason, staff finds a text
amendment that does not fall within the definition of 'legislative changes' can be considered a
'quasi-judicial plan amendment' based on the facts of the case and reference to appropriate case
law.
With respect to appropriate case law,staff cites to Heitsch v. City of Salem,65 Or LUBA 187(2012),
which addresses the question of whether an inquiry is quasi-judicial or legislative.
"The Oregon Supreme Court decision that set out the inquiry that is currently applied to
determine whether a decision is properly viewed as quasi-judicial (an adjudication) or
legislative is Strawberry Hill 4 Wheelers v. Benton Co. Bd. of Comm., 287 Or 591, 601 P2d
769 (1979). That inquiry, as described by the Oregon Supreme Court, is set out below:
"Generally,to characterize a process as adjudication presupposes that the process
is bound to result in a decision and that the decision is bound to apply preexisting
criteria to concrete facts. The latter test alone [applying preexisting criteria to
concrete facts] proves too much;there are many laws that authorize the pursuit of
one or more objectives stated in general terms without turning the choice of action
into an adjudication. Thus a further consideration has been whether the action,
even when the governing criteria leave much room for policy discretion, is directed
at a closely circumscribed factual situation or a relatively small number of persons.
The coincidence both of this factor and of preexisting criteria of judgment has led
the court to conclude that some land use laws and similar laws imply quasijudicial
procedures for certain local government decisions." Id.At 602-03."
As recognized by the courts,the Strawberry Hill decision sets out the three Strawberry Hill factors
247-20-000482-TA EXHIBIT B - Decisionf 21
Page o 1
which must be considered:
1. Is the inquiry bound to result in a decision?
2. Are there preexisting criteria that are applied to concrete facts?
3. Is the inquiry directed at a closely circumscribed factual situation or a relatively small
number of persons?
Below,staff addresses each of the Strawberry Hill factors.
Bound to result in'a decision
The City is the'applicant for the proposed text amendment. Per the Procedures Ordinance,
regardless of whether the application is processed as a quasi-judicial text amendment or a
legislative text amendment,the Board of County Commissioners("Board")would be the decision-
making body. Unless the application is withdrawn the by the applicant,the Board would be bound
to make a decision on the proposal. Consequently, staff finds that under this Strawberry Hill
factor,the proposal would be considered quasi-judicial.
Preexisting criteria
Unlike a proposal to rezone a property, Chapter 18.36, Amendments, does not include specific
approval criteria for text amendments. For this reason, staff finds that under this Strawberry Hill
factor,the proposal would be considered legislative in the context of the DCC.
However, staff notes there are specific provisions of the OAR which do provide approval criteria
for amendments to airport-related ordinances. For this reason, staff finds that under this
Strawberry Hill factor,the proposal would be considered quasi-judicial'in the context of the OAR.
Small number of persons
As noted above, the City is the sole owner of the Airport. Further, because the AD Zone only
affects the Airport property, the proposed text amendment only affects the City of Bend.
Consequently, staff finds that under this Strawberry Hill factor,the proposal would be considered
quasi-judicial.
With respect to how the Strawberry Hill factors should be considered when determining whether
an action is legislative or quasi-judicial, Staff cites further to Heitsch v. City of Salem, detailed
below.
"Those three general criteria do not, however, describe a bright-line test. As we noted in
Estate of Gold v. City of Portland,87 Or App 45, 51,740 P2d 812, rev den,304 Or 405(1987),
Strawberry Hill 4 Wheelers'contemplates a balancing of the various factors which militate
for or against a quasi-judicial characterization and does not create [an] 'all or nothing'
test[.]' (Citation omitted.) In particular,we noted that the criteria are applied in light of the
reasons for their existence--viz., 'the assurance of correct factual decisions' and 'the
assurance of fair attention to individuals particularly affected.'Estate of Gold, 87 Or App at
247-20-000482-TA EXHIBIT B -D a isin f 21
of$
Page �
51, (quoting Strawberry Hill 4 Wheelers, 287 Or at 604)."
In consideration of the Strawberry Hill factors as a whole,staff finds the proposed text amendment
is most appropriately viewed as a quasi-judicial plan amendment. Consequently, staff finds the
proposed text amendment should be processed pursuant to DCC 22.20, Review of Land Use
Action Applications, DCC 22.24, Land Use Action Hearings and DCC 22.28.030, Land Use Action
Decisions. With regard to 'the assurance of fair attention to individuals particularly affected',
notice of the public hearing was published in the Bend Bulletin and mailed to all owners of
property within 250 feet of the AD Zone and the Airport boundaries.
Chapter 22.28, Land Use Action Decisions
Section 22.28.030. Decision on Plan Amendments and Zone Changes
A. Except as set forth herein, the Hearings Officer or the Planning Commission
when acting as the Hearings Body shall have authority to make decisions on
all quasi judicial zone changes and plan amendments. Prior to becoming
effective, all quasi judicial plan amendments and zone changes shall be
adopted by the Board of County Commissioners.
B. In considering all quasi judicial zone changes and those quasi judicial plan
amendments on which the Hearings Officer has authority to make a decision,
the Board of County Commissioners shall, in the absence of an appeal or
review initiated by the Board, adopt the Hearings Officer's decision. No
argument or further testimony will be taken by the Board.
C. Plan amendments and zone changes requiring an exception to the goals or
concerning lands designated for forest or agricultural use shall be heard de
novo before the Board of County Commissioners without the necessity of filing
an appeal,regardless of the determination of the Hearings Officer or Planning
Commission. Such hearing before the Board shall otherwise be subject to the
same procedures as an appeal to the Board under DCC Title 22.
FINDING: As discussed in detail above, staff finds the proposal is most appropriately viewed as
a quasi-judicial plan amendment. The amendments do not require a goal exception and do not
include lands designated for forest or agricultural use. For these reasons,staff finds the Hearings
Officer's decision shall be adopted by the Board unless appealed or the Board initiates review.
V. DESCHUTES COUNTY COMPREHENSIVE PLAN
FINDING: The Deschutes County Comprehensive Plan includes a Transportation System Plan
("TSP"). The TSP includes an Airport Plan with an associated Goal and Policies.' The Goal and
Policies are codified into the DCC,specifically Chapter 18.76. No mandatory approval criteria exist
within the Goal and Policies of the Airport Plan,
4 Goal 16 and Policies 16.1 and 16.2 of the TSP.
EXHIBIT B - Decision
247-20-000482-TA Page aae of 21
VI. STATEWIDE PLANNING GOALS
Goal 1: Citizen Involvement. To develop a citizen involvement program that insures the
opportunity for citizens to be involved in all phases of the planning process.
FINDING: The applicant's burden of proof("BoP") provides the following proposed findings.
"These amendments are being adopted by a process that provides the opportunity for
citizen involvement by including public hearings before adoption. The County will hold
public hearings before its Planning Commission and Board of Commissioners before any
amendment is adopted."
With the exception of the reference to the Planning Commission, staff agrees with the applicant's
findings.
Goal 2: Land Use Planning. To establish a land use planning process and policy framework as
a basis for all decision and actions related to use of land and to assure an adequate factual base
for such decisions and actions.
FINDING: The proposed amendments are being reviewed through the county's the land use
planning process. Compliance with applicable local codes and policies, as well as statutes, rules
and Goals, are addressed in this staff report. The amendments will provide guidelines for future
land use decisions at the Airport. Staff finds Goal 2 will be met.
Goal 3: Agricultural Lands. To preserve and maintain agricultural lands.
FINDING:The area subject to the AD Zone is exception land. Therefore, Goal 3 does not apply.
Goal 4: Forest Lands. To conserve forest lands by maintaining the forest land base and to protect
the state's forest economy by making possible economically efficient forest practices that assure
the continuous growing and harvesting of forest tree species as the leading use on forest land
consistent with sound management of soil, air, water, and fish and wildlife resources and to
provide for recreational opportunities and agriculture.
FINDING: The area subject to the AD Zone is exception land. Therefore, Goal 4 does not apply.
Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces. To protect natural
resources and conserve scenic and historic areas and open spaces.
FINDING: The proposed amendments do not affect any inventoried Goal 5 natural resources,
scenic or historic area or open space. Further, the amendments do not affect any Combining
Zones which seek to identify and protect natural, scenic, historic, open space, or surface mining
resources.
Goal 6: Air, Water and Land Resources Quality. To maintain and improve the quality of the
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Page of
air,water and land resources of the state.
FINDING: The applicant provides the following proposed findings,
"Goal 6 is primarily concerned with the preservation of air, land and water resources from
pollution.The amendments to Deschutes County Code Chapter 18.76 will allow industrial
and commercial uses outright in some areas where they are currently conditional uses.
Because those uses can currently be permitted as conditional uses, the amendments are
unlikely to have any effect on what development occurs at the airport. At most, the
amendments will affect where within the airport certain types of development will occur.
The amendments are consistent with Goal 6 because they do not allow any additional
impact on air,water or land quality compared to what is allowed under current zoning."
Staff agrees with the applicant's findings.
Goal 7: Areas Subject to Natural Hazards. To protect people and property from natural
hazards.
FINDING: The most likely natural hazard which could adversely affect the Airport is wildfire.
Given the existing uses at the Airport, staff finds the proposed amendments will not significantly
exacerbate the wildfire risk to the property. Further,the Airport is within the service boundary of
the Bend Rural Fire Protection District. For these reasons, staff finds the Airport would not be
subject to a substantial increase to wildfire risk nor significantly increase the risk of wildfire
ignition.
Goal 8: Recreational Needs.
To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate,
to provide for the siting of necessary recreational facilities including destination resorts.
FINDING: The applicant provides the following proposed findings.
"The Bend Municipal Airport is used for the following types of recreational activities:
1. Recreational aviation (both flying for enjoyment and flying to and/or from
recreational destinations).
2. Gliding.
3. Hobby construction of aircraft.
Aircraft used for recreational purposes are manufactured, maintained and repaired at the
Bend Municipal Airport. By allowing the airport to continue to provide these recreational
opportunities and by increasing the possibility of aircraft manufacture, the proposed
amendments further Goal 8."
Staff agrees with the applicant's,findings.
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Goal 9: Economic Development. To provide adequate opportunities throughout the state for
a variety of economic activities vital to the health,welfare, and prosperity of Oregon's citizens.
FINDING: The applicant provides the following proposed findings.
"The amendments will allow the Bend Municipal Airport to continue to provide a variety
of economic activities and remove limitations on aviation related development in some
zones. Economic activities at the airport include aircraft manufacturing, aircraft
maintenance and repair,aircraft leasing and chartering,flight schools,fuel sales and other
aviation-related economic activities."
Staff agrees with the applicant's findings.
Goal 10: Housing.To provide for the housing needs of citizens of the state.
FINDING: The applicant provides the following proposed findings.
"The Bend Municipal Airport is subject to federal grant restrictions which do not permit
residential use at the airport. Goal 10 is therefore not applicable to this application."
Staff agrees with the applicant's findings.
Goal 11: Public Facilities and Services.
To plan and develop a timely, orderly and efficient arrangement of public facilities and services to
serve as a framework for urban and rural development.
FINDING: The applicant provides the following proposed findings.
"The Bend Municipal Airport is already served by a private water utility and sewer and
water from the City of Bend, through the City's Public Facility Plan. The proposed
amendments do not include any amendments that would affect the Airport's existing
water and sewer service.The proposed changes are therefore consistent with Goal 11."
Staff agrees with the applicant's findings and further finds the amendments would not allow the
extension or creation of public facilities and services beyond the boundaries of the Airport.
Goal 12: Transportation. To provide and encourage a safe, convenient and economic
transportation system.
FINDING: The applicant provides the following proposed findings.
"Please refer to Appendix 3—Transight Consulting Memorandum "Bend Municipal Airport
Rezone," dated May 28, 2020. The Bend Municipal Airport is part of the County's multi-
modal transportation system. Planning for airport development is part of what makes the
system safe, convenient and economic. All uses proposed for the Airport are already
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allowed either outright or conditionally. However, as part of this proposed text
amendment, a memorandum was prepared to assess Transportation Planning Rule
compliance under 660-012-060.This memorandum,dated May 28,2020, and prepared by
Transight Consulting, LLC,concluded,the goals and policies within the aviation section of
the County Transportation System Plan and federal requirements related to runway and
taxiway protection would substantially limit any development within the Airport
Operations District. The net impact of the proposed text amendment would allow up to
seven additional private aircraft hangars (up to nine aircraft) on the west side of the
runway. This would not result in a significant impact to the transportation system. The
application is consistent with Goal 12."
The County's Senior Transportation Planner, Peter Russell, submitted the following response,
"I have reviewed the transmittal materials of File 247-20-00482-TA by the City of Bend to
amend Deschutes County Code(DCC) 18.76,Airport Development(AD)zone and Chapter
18.116, Supplementary Provisions. Included in the application materials was a May 28,
2020, traffic analysis of the potential effects of allowing aircraft hangars in the Airport
Operations District (AOD) as currently that zone only allows runways, taxiways, and
navigation equipment.
I agree with the report's methodologies and conclusions that the adding hangars to the
AOD would result in five (5) additional p.m. peak hour trips being generated by the Bend
Airport. While the study does not have a Level of Service (LOS) analysis of the affected
intersections on either the west or east side of the Bend Airport for both current and post-
amendment operations, staff finds the result of five (5) additional p.m. peak hour trips
would be de minimis for two reasons. One,the County already has a planned roundabout
at the intersection of Powell Butte Highway/Butler Market road in the Transportation
System Plan (TSP). Two, the average daily traffic (ADT) volumes on Nelson Road and
McGrath Road along the east side of the airport are 433 ADT(2019) and 1,001 ADT(2019),
respectively. The County in the TSP allows 9,600 ADT as acceptable. Thus from a TPR
standpoint,allowing hangars as an outright permitted use would have no significant effect
and would comply with the TPR at 660-012-0060.
Staff does note the application does change the text for uses allowed outright in DCC
18.76.070(AOD) by adding"customary and usual aviation-related activities"which will add
"fixed-base operator facilities." Elsewhere in changes proposed for 18.76.015 (Definitions)
"fixed-based operator" is defined as a "...commercial business granted the right by the
airport sponsor to operate on an airport and provide aeronautical services such as fueling,
hangaring, tie-down and parking, aircraft rental, aircraft maintenance, flight instruction,
etc." The "customary and usual aviation-related activities" language would be added to
DCC 18.76.080 Aviation Support District (ASD) and DCC 18.76.090 Aviation-Related
Industrial District(ARID). The traffic study does not discus or analyze the effect of allowing
those listed uses as outright permitted uses in the AOD, ASD, and ARID. From a trip
generation standpoint,staff's main concern is with flight instruction. Does that mean one-
on-one instruction or a flight school with 500 students driving to the Bend Airport?
Staff would request the City provide more information on this topic of flight instruction
247-20-000482-TA EXHIBIT B - Decisionf 21
Page 4 of 2l
and update the traffic study to include a reasonable worst-case analysis regarding flight
instruction and trip generation. One could argue flight instruction is a related use
customarily appurtenant to an airport and thus is already allowed outright via
18.76.080(A)(3) in the ASD and 18.76.090(C) in the ARID zone, but clearly flight instruction
is currently not allowed in 18.76.070(B) in the AOD."
Based on this response, it is unclear to staff if the proposal complies with Goal 12 and the
Transportation Planning Rule requirements. Staff asks the applicant to provide additional
information and for the Hearings Officer to determine whether the proposal complies with Goal
12.
Goal 13: Energy Conservation. To conserve energy.
FINDING: Per the Department of Land Conservation and Development's webpage5 for Goal 13,
"Goal 13 encourages communities to look within existing urban neighborhoods for areas
of potential redevelopment before looking to expand,to'recycle and re-use vacant land.''
Staff finds the proposed amendments will allow the Airport to more efficiently utilize land within
its boundaries rather than expand the Airport to accommodate additional uses. Staff notes the
proposed amendments do not preclude any future expansion of the Airport's boundaries or
allowed uses. Staff finds the proposed amendments are consistent with Goal 13.
Goal 14: Urbanization. To provide for an orderly and efficient transition from rural to urban land
use,to accommodate urban population and urban employment inside urban growth boundaries,
to ensure efficient use of land, and to provide for livable communities.
FINDING: Goal 14 is not applicable because the Airport is outside of any urban growth boundary.
As noted above, it is on exception land.
Goals 15—19. Willamette River Greenway; Estuarine Resources;Coastal Shorelands; Beaches and
Dunes; Ocean Resources
FINDING: The Airport is not within or adjacent to the Willamette River Greenway, estuaries,
beaches, dunes or the Pacific Ocean. For this reason,these Goals do not apply.
VII. OREGON REVISED STATUTES
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
5 https://www.oregon.gov/Icd/OP/Pages/Goal-13.aspx
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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;
FINDING: The Bend Municipal Airport is a publicly owned airport recognized by the Oregon
Department of Aviation ("ODA"). Therefore, ORS 836.616 and 836.619 apply, and are addressed
below.
(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.
FINDING: The Bend Municipal Airport is listed with the ODA as a publicly owned airport and is
on the Oregon Aviation State System Plan.
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
(j) Aviation recreational and sporting activities.
FINDING: The applicant proposes to adopt the term 'customary and usual aviation-related
activities', as defined in subsection (a). The purpose of this adoption is to standardize outright
permitted uses in the AD Zone. Staff notes the definition of customary and usual aviation-related
activities includes fixed-based operator facilities. As part of the amendments, the applicant also
proposes the following definition of fixed based operator,
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Page 6g of 2i
"Fixed-base operator or FBO" means a commercial business granted the right by the
airport sponsor to operate on an airport and provide aeronautical services such as fueling,
hangaring, tie-down and parking, aircraft rental, aircraft maintenance, flight instruction,
etc."
Based on this definition, staff notes that FBOs could include uses which are listed in subsections
(b)through (j). At this time,the applicant does not propose to amend the AD Zone to specifically
allow the uses listed under subsections (b)through (j) as outright permitted uses. For this reason,
and in the context of the proposed text amendment, staff finds that FBOs would have the
following characteristics: 1) Commercial business; 2) Granted a right by the Airport to operate on
the Airport; 3) Provides aeronautical services; and 4) Is not an ORS 836.616(2)(b-j) use. Pursuant
to the AD Zone,the uses listed under subsection (b) through (j)will continue to be subject to Site
Plan Review under DCC 18.124 and,where applicable,Conditional Use Permit approval under DCC
18.128.
836.619, State compatibility and safety standards for land uses near airports; rules.
Following consultation with the Oregon Department of Aviation, the Land Conservation and
Development Commission shall adopt rules establishing compatibility and safety standards for
uses of land near airports identified in ORS 836.610 (1).
FINDING: Applicable Oregon Administrative Rules are addressed below.
VIII. OREGON ADMINISTRATIVE RULES
660-013-0030, Preparation and Coordination of Aviation Plans
(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: Applicable sections of ORS 836 are addressed above. The Notice of Public Hearing
was sent to multiple agencies, including ODA. As of the date of this staff report, no comments
have been received from public agencies. The applicant's BoP states the proposed amendments
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Page aof1 t
will encourage and support continued operation of the Airport. Staff agrees.
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:...
FINDING: The applicant provides the following findings,
"The County has adopted airport planning documents as required by this section.The City
is the sponsor and has provided forecast information to the County in the form of the
most recently adopted, FAA-approved Airport Master Plan. The proposed amendments
are consistent with OAR 660-013-0040."
Staff agrees.
660-013-0050, Implementation of Local Airport Planning
A local government with planning responsibility for one or more airports or areas within safety
zones or compatibility zones described in this division or subject to requirements identified in
ORS 836.608 shall adopt land use regulations to carry out the requirements of this division, or
applicable requirements of ORS 836.608, consistent with the applicable elements of the adopted
state ASP and applicable statewide planning requirements.
FINDING: The applicant provides the following findings,
"Revisions to DCC Chapter 18.80, specifically DCC 18.80.032, are proposed as part of this
application and the revisions update the text of the uses allowed in the safety zone,
consistent with OAR 660-013-0050."
Staff agrees. The Airport is publicly owned and, therefore, is not subject to ORS 636.608, which
addresses requirements for private airports. As noted above, staff asks the Hearings Officer to
determine if the proposal complies with Goal 12.
660-013-0070, Local Government Safety Zones for Imaginary Surfaces
FINDING: The County's Zoning Map and the provisions of DCC 18.76 incorporate the required
safety zones for imaginary surfaces. The proposed text amendment does not alter the Map or
safety provisions.
660-013-0080, Local Government Land Use Compatibility Requirements for Public Use
Airports
FINDING: The provisions of DCC 18.76 incorporate the compatibility requirements under this
section. The proposed text amendment does not alter those requirements.
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660-013-0100,Airport Uses at Non-Towered Airports
Local government shall adopt land use regulations for areas within the airport boundary of non-
towered airports identified in ORS 836.610(1) that authorize the following uses and activities:
(1) Customary and usual aviation-related activities including but not limited to takeoffs,
landings, aircraft hangars, tiedowns, construction and maintenance of airport facilities,
fixed-base operator facilities, a residence for an airport caretaker or security officer, and
other activities incidental to the normal operation of an airport. Residential, commercial,
industrial, manufacturing, and other uses, except as provided in this rule, are not
customary and usual aviation-related activities and may only be authorized pursuant to
OAR 660-013-0110.
(2) Emergency Medical Flight Services, including activities, aircraft, accessory structures, and
other facilities necessary to support emergency transportation for medical purposes.
"Emergency Medical Flight Services" does not include hospitals, medical offices, medical
labs, medical equipment sales, and similar uses.
(3) Law Enforcement and Firefighting Activities,including aircraft and ground based activities,
facilities and accessory structures necessary to support federal, state or local law
enforcement and land management agencies engaged in law enforcement or firefighting
activities.These activities include transport of personnel, aerial observation, and transport
of equipment,water, fire retardant and supplies.
(4) Flight Instruction, including activities, facilities, and accessory structures located at airport
sites that provide education and training directly related to aeronautical activities. "Flight
Instruction" does not include schools for flight attendants, ticket agents, or similar
personnel.
(5) Aircraft Service, Maintenance and Training, including activities, facilities, and accessory
structures provided to teach aircraft service and maintenance skills, maintain, service and
repair aircraft and aircraft components, but not including activities,structures,and facilities
for the manufacturing of aircraft for sale to the public or the manufacturing of aircraft
related products for sale to the public. "Aircraft Service, Maintenance and Training"
includes the construction of aircraft and aircraft components for personal use. The
assembly of aircraft and aircraft components is allowed as part of servicing, maintaining,
or repairing aircraft and aircraft components.
(6) Aircraft Rental, including activities, facilities, and accessory structures that support the
provision of aircraft for rent or lease to the public.
(7) Aircraft Sales and the sale of aeronautic equipment and supplies, including activities,
facilities, and accessory structures for the storage, display, demonstration and sale of
aircraft and aeronautic equipment and supplies to the public.
(8) Aeronautic Recreational and Sporting Activities,including activities,facilities and accessory
structures at airports that support recreational use of aircraft and sporting activities that
require the use of aircraft or other devices used and intended for use in flight.Aeronautic
Recreation and Sporting Activities on airport property shall be subject to approval of the
airport sponsor. Aeronautic recreation and sporting activities include but are not limited
to: fly-ins; glider flights; hot air ballooning; ultralight aircraft flights; displays of aircraft;
aeronautic flight skills contests; gyrocopter flights; flights carrying parachutists; and
parachute drops onto an airport. As used in this rule, parachuting and parachute drops
EXHIBIT B - Decision
247-20-000482-TA Page acie 1 of 21
includes all forms of skydiving. Parachuting businesses may be allowed only where they
have secured approval to use a drop zone that is at least 10 contiguous acres. A local
government may establish a larger size for the required drop zone where evidence of
missed landings and dropped equipment supports the need for the larger area. The
configuration of 10 acre minimum drop zone shall roughly approximate a square or circle
and may contain structures, trees, or other obstacles if the remainder of the drop zone
provides adequate areas for parachutists to safely land.
(9) Crop Dusting Activities, including activities, facilities and structures accessory to crop
dusting operations. These include, but are not limited to: aerial application of chemicals,
seed,fertilizer, pesticide,defoliant and other activities and chemicals used in a commercial
agricultural,forestry or rangeland management setting.
(10) Agricultural and Forestry Activities, including activities, facilities and accessory structures
that qualify as a "farm use" as defined in ORS 215.203 or"farming practice" as defined in
ORS 30.930.
(11) Air passenger and air freight services and facilities at public use airports at levels consistent
with the classification and needs identified in the state ASP.
FINDINGS: The applicant proposes to adopt the term 'customary and usual aviation-related
activities', as defined in subsection (1). At this time,the applicant does not propose to amend the
AD Zone to specifically allow the uses listed under subsections (2) through (11) as outright
permitted uses. For this reason, and in the context of the proposed text amendment, staff finds
that FBOs would have the following characteristics: 1) Commercial business; 2) Granted a right by
the Airport to operate on the Airport; 3) Provides aeronautical services; and 4) Is not an OAR 660-
013-0100(2-11) use. Pursuant to the AD Zone,the uses listed under subsections (2) through (11)
will continue to be subject to Site Plan Review under DCC 18.124 and, where applicable,
Conditional Use Permit approval under DCC 181.128.
660-013-0160,Applicability
This division applies as follows:
(2) Amendments to plan and land use regulations may be accomplished through plan
amendment requirements of ORS 197.610 to 197.625 in advance of periodic review where
such amendments include coordination with and adoption by all local governments with
responsibility for areas of the airport subject to the requirements of this division.
FINDING: Sections 197.610 to 197.625 of the ORS address submission of the text amendment
to,and review by,the Department of Land Conservation and Development("DLCD"). The County
submitted the proposed text amendment to DLCD on August 4,2020,with confirmation of receipt
by DLCD on the same day. The County is coordinating review of this text amendment with the
City of Bend,the applicant.
(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.
EXHIBIT B - Decision
247-20-000482-TA Page �eff'�f 21
FINDING: Staff asks the Hearings Officer to determine if the proposal complies with the
requirements of Division 13.
(4) Uses authorized by this division shall comply with all applicable requirements of other
laws.
FINDING: To staff's knowledge, all applicable local regulations, along with relevant statutes and
rules, are identified in this staff report. With the exception of Goal 12, staff believes the proposal
complies with applicable law.
(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: As noted previously, staff believes the proposal complies with applicable law,with the
possible exception of Goal 12. The applicant does not argue that the safe harbor provisions of
OAR 660-013-0140 apply.
247-20-000482-TA EXHIBIT ge ageS.� if 21
v1 ES C
O211° -< Deschutes County Board of Commissioners
%e 1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST&STAFF REPORT
For Board of Commissioners BOCC Wednesday Meeting of December 30, 2020
DATE: December 17, 2020
FROM: Anthony Raguine, Community Development, 541-617-4739
TITLE OF AGENDA ITEM:
SECOND READING: Consideration of Ordinance No. 2020-018,Amendments to Chapter
18.76, Airport Development Zone, and Chapter 18.116, Supplementary Provisions.
FISCAL IMPLICATIONS: None.
ATTENDANCE: Anthony Raguine, Senior Planner