2024-50-Minutes for Meeting January 29,2024 Recorded 2/20/2024Recorded In Deschutes County CJ2024-50
w1ES CO Steve Dennison, County Clerk
o` G�< BOARD OF Commissioners'Journal 02/20/2024 1:29:36 PM
COMMISSIONERS �,✓>��F.���<,, II'��"III"II'I�II'IIIIIIII
2024-50
1300 NW Wall Street, Bend, Oregon
(541) 388-6570 I
FOR RECORDING STAMP ONLY
BOCC MEETING MINUTES
MONDAY January 29, 2024
Live Streamed Video
Present were Commissioners Patti Adair, Tony DeBone and Phil Chang. Also present were
County Administrator Nick Lelack; Deputy County Administrator Whitney Hale; Assistant Legal Counsel
Kim Riley; and BOCC Executive Assistant Brenda Fritsvold.
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal webpage www.deschutes.org/meet'DZS.
CALL TO ORDER: Chair Adair called the meeting to order at 1:00 p.m.
CITIZEN INPUT: None
AGENDA ITEMS:
1. Work Session: Redmond Airport Master Plan Update Text Amendment
Tarik Rawlings, Senior Transportation Planner, said a public hearing has been
scheduled before the Board on January 31 St regarding a request submitted by the
City of Redmond for amendments to Deschutes County Code section 18.80.030,
which concerns the Redmond Municipal Airport's Airport Safety Combining Zone.
Given issues with the public hearing notice, staff recommends opening the
hearing on January 31 St and continuing the hearing to February 21 St. Following the
initial public hearing on November 7, 2023 at which two comments were
received, the Hearings Officer recommended approval of the amendments.
BOCC MEETING JANUARY 29, 2024 PAGE 1 OF 3
Rawlingsexplainedthat the requested amendments_ relate to the imaginary
surfaces and noise contour boundaries of the Airport Safety Combining Zone.
Aviation -related imaginary surfaces are imagined areas both on the ground and
in space which are established in relation to the airport and its runways. Such
imaginary surfaces allow for specific aviation uses and actions within their
defined boundaries; the allowed uses and actions involve travel to, from, or
around a given airport. A noise contour boundary delineates an area extending
beyond the airport, inside of which certain noise decibel ratings could be
disturbing to residential properties and other land uses.
Rawlings said the proposed amendments would bring the Code sections which
describe imaginary surfaces into alignment with the Redmond Municipal Airport's
approved 2018 Master Plan update. He noted that because the airport's
surrounding properties include lands designated for agricultural use, Deschutes
County Code requires this application to be heard de novo before the Board.
Rawlings concluded that the draft Zone Change Map and legal description are not
yet available and will be presented when the public hearing is continued in
February.
In response to Commissioner Chang, Rawlings confirmed that both the Airport
Safety Combining Zone and the noise contour boundary are being enlarged.
Rawlings added these increases affect about 125 properties, most of which were
already impacted (in these cases, the new boundary changes would simply apply
to a larger area of previously identified properties). Rawlings said whether
previously impacted or not, the owner of each affected property received a public
notice which, in accordance with State Measure 56, included notice of a potential
impact to property values.
Will Groves, Planning Manager, said most of the imaginary surfaces extend more
than 150 feet above the ground, and require that allowable residential
construction be coordinated with the FAA. Regarding properties affected by the
noise contour boundaries, Groves added that most residences in Central Oregon
have sufficient insulation for warmth during cold temperatures, and such
insulation also protects against noise.
OTHER ITEMS:
• Commissioner DeBone announced a COIC Board meeting this Thursday
where its Comprehensive Plan will be finalized.
• Commissioner Chang reported that the Wolf Depredation Compensation and
Financial Assistance Committee will meet tonight to draft an application to
the State for funding.
BOCC MEETING JANUARY 29, 2024 PAGE 2 OF 3
issioner_DeBone_announced _that interviews were held this morning
for the vacant community representative position on the COIC Board
representing the tourism and recreation industries. Two applicants were
interviewed.
Commissioner Chang said while both candidates are well -qualified and
would do an excellentjob, he supported appointing Aaron Switzer due to his
relevant business experience.
Commissioner Debone also expressed his appreciation for both candidates
and their industry experience. He supported appointing Kristine McConnell
due to her connections to the Warm Springs Tribe and stakeholders in other
counties. Commissioner DeBone added that COIC also has a budget
committee position open this year, which could be offered to Switzer.
DEBONE: Move to appoint Kristine McConnell to the COIC Board as a
community representative for the tourism and recreation industries
ADAIR: Second
VOTE: CHANG: (abstained)
DEBONE: Yes
ADAIR: Chair votes yes. Motion carried 2 - 1 - 0
Commissioner Adair said some of the bleachers at the Sisters Rodeo facility
are disintegrating and may be costly to repair or replace.
EXECUTIVE SESSION: None
ADJOURN:
Being no further items to come before the Board, the meeting was adjourned at 1:33 pm.
DATED this day of �'� 2024 for the Deschutes County Board of
11
Commissioners.
ATTEST:
RECORDING SECRETARY
PATTI ADAIR, CHAIR
ANTHONY DEBONE, VICE CHAIR
PHIL CHAN , COMMISSIONER
BOCC MEETING JANUARY 29, 2024 PAGE 3 OF 3
ES CCG
�`' 2-� BOARD OF
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
1:00 PM, M0NDAY, JANUARY 29, 2024
Allen Room - Deschutes Services Building - 1300 NW Wall Street - Bend
(541) 388-6570 1 www.deschutes.org
AGENDA
MEETING FORMAT: In accordance with Oregon state law, this meeting is open to the public and
can be accessed and attended in person or remotely, with the exception of any executive session.
Members of the public may view the meeting in real time via YouTube using this link:
http://bit.ly/3mminzy. To attend the meeting virtually via Zoom, see below.
Citizen Input: The public may comment on any topic that is not on the current agenda.
Alternatively, comments may be submitted on any topic at any time by emailing
citizeninput@deschutes.org or leaving a voice message at 541-385-1734.
When in -person comment from the public is allowed at the meeting, public comment will also be
allowed via computer, phone or other virtual means.
Zoom Meeting Information: This meeting may be accessed via Zoom using a phone or computer.
To join the meeting via Zoom from a computer, use this link: http://bit.ly/3h3ogdD.
• To join by phone, call 253-215-8782 and enter webinar ID # 899 4635 9970 followed by the
passcode 013510.
• If joining by a browser, use the raise hand icon to indicate you would like to provide public
comment, if and when allowed. If using a phone, press *9 to indicate you would like to
speak and *6 to unmute yourself when you are called on.
• When it is your turn to provide testimony, you will be promoted from an attendee to a
panelist. You may experience a brief pause as your meeting status changes. Once you
have joined as a panelist, you will be able to turn on your camera, if you would like to.
Deschutes County encourages persons with disabilities to participate in all
programs and activities. This event/location is accessible to people with disabilities.
If you need accommodations to make participation possible, call (541) 388-6572 or
email brenda.fritsvold@deschutes.orZ.
Time estimates: The times listed on agenda items are estimates only. Generally, items will be heard in
sequential order and items, including public hearings, may be heard before or after their listed times.
CALL TO ORDER
CITIZEN INPUT: Citizen Input may be provided as comment on any topic that is not on the
agenda.
Note: In addition to the option of providing in -person comments at the meeting, citizen input comments
may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734.
AGENDA ITEM
1. Work Session: Redmond Airport Master Plan Update Text Amendment
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
EXECUTIVE SESSION
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories.
Executive sessions are closed to the public; however, with few exceptions and under specific guidelines,
are open to the media.
ADJOURN
January 29, 2024 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 2
A,OI E S C-0 %
BOARD OF
COMMISSI
MEETING DATE: January 29, 2024
SUBJECT: Work Session: Redmond Airport Master Plan Update Text Amendment
RECOMMENDED MOTION:
Work session in preparation for a public hearing on January 31, 2024.
BACKGROUND AND POLICY IMPLICATIONS:
The Board of County Commissioners will hold a work session in preparation for a January
31, 2024 public hearing to consider an applicant -initiated Text Amendment to update the
Redmond Airport's imaginary surfaces and noise contour boundaries to align with the 2018
Redmond Airport Master Plan (RAMP) Update.
The full record is located on the project webpage:
https://www deschutescounty.gov/cd/page/247-23-000252-ta-redmond-airport-master-
plan-ramp-text-amendment
BUDGET IMPACTS:
None
ATTENDANCE:
Tarik Rawlings, Senior Transportation Planner
MEMORANDUM
TO: Deschutes County Board of Commissioners (Board)
FROM: Tarik Rawlings, Senior Transportation Planner
DATE: January 24, 2024
SUBJECT: Work Session - Redmond Airport Master Plan (RAMP) Update Text Amendment
The Board of County Commissioners (Board) will hold a work session on January 29, 2024 in
preparation for a January 31, 2024 public hearing. The January 31, 2024 public hearing concerns a
request for an applicant -initiated Legislative Text Amendment to the Airport Safety (AS) Combining
Zone (DCC 18.80.030) associated with the Redmond Municipal Airport, submitted by the City of
Redmond and Airport representatives. The public hearing on January 31, 2024 will be the second of
two required public hearings and will be conducted in -person, electronically, and by phone.
Attached to this memorandum are the proposed text amendments, Hearings Officer
Recommendation, and original application materials which have not changed since the Board's
work session on January 29, 2024. Within the proposed amendments, removed text is shown in
str'kpthro, ugh and newly -added text is shown in underline.
The record is available for inspection on the project website:
https•//www.deschutescounty.gov/cd/page/247-23-000252-ta-redmond-airport-master-plan-ramp-
text-amendment
I. BACKGROUND
The applicant, City of Redmond and Redmond Municipal Airport, is requesting a Legislative Text
Amendment to the AS Combining Zone (DCC 18.80.030) imaginary surfaces and noise contour
boundaries. The Oregon Department of Aviation defines aviation -related imaginary surfaces as
"imaginary areas in space and on the ground that are established in relation to the airport and its
runways". These imaginary surfaces allow for specific aviation uses and actions within them
regarding travel to, from, or around a given airport. The noise contour boundary indicates the
distance from the airport at which certain noise decibel -ratings could be disturbing to residential
properties and land uses. The subject proposal would update the Runway and Approach
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
(541) 388-6575 @cdd@deschutes.org ® www.deschutes.org/cd
information and include a corresponding update amending the AS map to reflect the new zoning
boundaries for imaginary surfaces and the new 55 DNL (Average Day -Night Sound Level) noise -
contour boundaries associated with the Redmond Municipal Airport. The subject Text Amendment
would bring the descriptions of imaginary surfaces contained in DCC 18.80.030 into alignment with
the Airport's approved 2018 Master Plan update.
Staff submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department
of Land Conservation and Development on September 18, 2023. Agency notice was sent to relevant
agency partners on September 19, 2023. The Oregon Department of Aviation (ODAV) expressed
support for approval of the application.
Notice of the proposal was sent to all property owners within Deschutes County whose property
would be affected by the newly -adjusted imaginary surfaces and 55 DNL noise contour boundaries
on September 20, 2023. The Notice explained the scope of the proposal, provided a project -specific
website related to the application, and gave meeting information for the initial Hearings Officer
public hearing held on November 7, 2023'.
Following the Hearings Officer's public hearing, a recommendation for approval was mailed to
relevant parties on December 15, 2023.
II. PUBLIC COMMENT AND HEARINGS OFFICER RECOMMENDATION
Staff received two (2) public comments. The first public comment was from Central Oregon
Irrigation District (COID) expressing that they have no facilities or water rights on the airport's
property. The second public comment, received during the public hearing process, was from a
private citizen stating opposition to the proposal based on general concerns with airport operations,
potential impacts to surrounding properties, and adequacy of public notice.
The initial public hearing was held on November 7, 2023. On December 15, 2023, the Deschutes
County Hearings Officer issued a recommendation evaluating compliance with all applicable review
criteria and ultimately recommending approval of the proposed Text Amendment.
I11. BOARD CONSIDERATION
Any questions or comments raised by the Commissioners during the January 29, 2024 work session
will be incorporated into the January 31, 2024 public hearing proceedings and/or the subsequent
open record period, should the Board choose to impose such a period.
As the airport's surrounding properties include lands designated for agricultural use, Deschutes
County Code 22.28.030(C) requires the application to be heard de novo before the Board, regardless
of the determination of the Hearings Officer. Per DCC Section 22.20.040(D), the review of the
proposed Text Amendment (reflecting quasi-judicial aspects of the proposal) is not subject to the
150-day review period typically associated with land use decisions.
1 https://www.youtube.com/watch?v=7-LpibIJ5EA
Page 2 of 3
- - The record is - available for inspection at the Planning- Division and at the -following link:
https•//www deschutescounty gov/cd/page/247-23-000252-ta-redmond-airport-master-plan-ramp-
text-amendment. Moreover, the complete record will be available at the public hearing.
IV. NEXT STEPS
The Board will hold a public hearing concerning the subject proposal on January 31, 2024. The
Proposed Zone Change Map and Legal Description will be provided to the Board at the soonest
availability.
V. CONCLUSION
Staff is prepared to answer any questions.
ATTACHMENTS:
1. Notice of Public Hearing
2. Draft Ordinance 2024-002 and Exhibits
Exhibit C: Proposed Text Amendments
Exhibit D: Hearings Officer Recommendation
FORTHCOMING ATTACHMENTS:
1. Exhibit A: Legal Description
2. Exhibit B: Proposed Zone Change Map
Page 3 of 3
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NOTICE OF PUBLIC HEARING
The Deschutes County Board of County Commissioners will conduct the public hearing as described
below by video, telephone and in person. Options for participating in the public hearing are detailed
in the Public Hearing Participation section.
PROJECT DESCRIPTION
FILE NUMBERS: 247-23-000252-TA
LOCATION/
OWNERS: Mailing Name: CITY OF REDMOND
Map and Taxlot: 1513220000100
Account: 187594
Situs Address: **MULTIPLE SITUS ADDRESSES**
Mailing Name: CITY OF REDMOND
Map and Taxlot: 1513000001500
Account: 162763
Situs Address: **MULTIPLE SITUS ADDRESSES**
Mailing Name: CITY OF REDMOND
Map and Taxlot: 1513000001503
Account: 160522
Situs Address: 3840 SW AIRPORT WAY, REDMOND, OR 97756
Mailing Name: CITY OF REDMOND
Map and Taxlot: 1513280000101
Account: 150717
Situs Address: 3000 SW AIRPORT WAY, REDMOND, OR 97756
APPLICANT: Redmond Municipal Airport
2522 Jesse Butler Cir
Redmond, OR 97756
City of Redmond
411 SW 91h Street
Redmond, OR 97756
PROPOSAL: The applicant, City of Redmond, has applied for a Text Amendment to the
Airport Safety (AS) Combining Zone (DCC 18.80.030) to update the Runway
and Approach information and a corresponding update amending the AS
map to reflect the new zoning boundaries for imaginary surfaces and the
new 55 DNL (Average Day -Night Sound Level) noise contour boundaries.
HEARING DATE: Wednesday, January 31, 2023
STAFF CONTACT: Tarik Rawlings, Senior Transportation Planner
Tarik.rawlings@deschutes.org, 541-317-3148
RECORD: Record items can be viewed and downloaded from:
https://www.deschutescou nty.gov/cd/page/247-23-000252-ta-redmond-
airport-master-plan-ramp-text-amendment
PUBLIC HEARING PARTICIPATION
• If you wish to provide testimony during the public hearing, please contact the staff planner
by 4 pm on January 30, 2023. Testimony can be provided as described below.
Members of the public may listen, view, and/or participate in this hearing using Zoom. Using
Zoom is free of charge. To login to the electronic meeting online using your computer, copy
this link: bit.ly/3h3ogdD. Using this option may require you to download the Zoom app to
your device.
• Members of the public can access the meeting via telephone, dial 253-215-8782. When
prompted, enter the following: Webinar ID: 899-4635-9970 and Password: 013510.
• If participation during the hearing by video and telephone is not possible, the public can
provide testimony in person in the Barnes and Sawyer Rooms of the Deschutes Services
Center, 1300 NW Wall Street, Bend. Please check the Commissioners' Public Meeting
Calendar to see the anticipated start time for this agenda item:
https•//www.deschutes.org/meetings.
All documents and evidence submitted by or on behalf of the applicant and applicable criteria are
available for inspection at no cost at the Deschutes County Community Development Department
(CDD) at 117 NW Lafayette Avenue. Seven (7) days prior to the public hearing, a copy of the staff
report will be available for inspection at no cost at CDD and on the websites listed above. Copies of
all documents, evidence and the staff report can be purchased at CDD for (25) cents a page.
Deschutes County encourages persons with disabilities to participate in all programs and activities.
This event/location is accessible to people with disabilities. If you need accommodations to make
participation possible, please contact the staff planner identified above.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County
Code 18.80.030(A-F), to update the Airport Safety * ORDINANCE NO. 2024-002
("AS") Combining Zone Imaginary Surfaces and
Noise Contour Boundaries for the Redmond Airport.
WHEREAS, City of Redmond applied under land use file number 247-23-000252-TA for a text
amendment to Deschutes County Code ("DCC") Chapter 18.80, Airport Safety Combining Zone; A-S, to update
the imaginary surface information and noise contour boundaries associated with the Redmond Airport to align
with the 2018 Redmond Airport Master Plan (RAMP) Update; and
WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on
November 7, 2023 before the Deschutes County Hearings Officer and, on December 15, 2023 the Hearings
Officer recommended approval of the proposed text amendment; and
WHEREAS, the Board of County Commissioners considered this matter after a duly noticed public
hearing on January 31, 2024 and concluded that the proposed changes are consistent with the County's
Comprehensive Plan and that the public will benefit from changes to the land use regulations; and
WHEREAS, pursuant to Deschutes County Code 22.28.030(C), the proposal shall be heard de novo
before the Board; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter 18.80, Airport Safety Combining Zone; A-S, is amended to
read as described in Exhibit "C", attached and incorporated by reference herein, with new language underlined
and deleted language set forth in stfik�=.
Section 2. AMENDMENT. DCC Title 18 Zoning Map, is amended to change the zoning boundaries as
described in Exhibit "A" and as depicted on the map set forth as Exhibit "B", with both exhibits attached and
incorporated by reference herein.
PAGE 1 OF 2 - ORDINANCE NO.2024-002
Section 3. FINDINGS. The Board adopts as its findings in support of this decision, Exhibit "D",
attached and incorporated by reference herein.
Section 4. EFFECTIVE DATE. This Ordinance takes effect on the 90"' day after the date of adoption.
Dated this of 2024 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
Date of 1st Reading:
Date of 2nd Reading:
Commissioner
Patti Adair
Anthony DeBone
Philip Chang
Effective date:
PATTI ADAIR, Chair
ANTHONY DeBONE, Vice Chair
PHILIP CHANG, Commissioner
day of , 2024.
day of 12024.
Record of Adoption Vote:
Yes No Abstained Excused
day of )2024.
PAGE 2 OF 2 - ORDINANCE NO.2024-002
EXHIBIT C - PROPOSED TEXT AMENDMENTS
FILE NUMBER(S): 247-23-000252-TA
SUBJECT PROPERTY: The subject Airport Safety (AS) Combining Zone and 55 DNL noise
contour boundaries
are
associated with the Redmond Municipal
Airport (Airport), which
includes
the following addresses and tax lots:
• Tax Lot 1513220000100
0
1050 SE Sisters Ave
0
675 SE Salmon Ave
0
1050 SE Sisters Ave (A-B)
0
679 SE Salmon Ave
0
1120 SE Sisters Ave
0
681 SE Salmon Ave
0
1120 SE Sisters Ave (A-E)
o
683 SE Salmon Ave
0
1300 SE USFS Dr
o
685 SE Salmon Ave
0
1320 SE USFS Dr
o
687 SE Salmon Ave
0
1350 SE USFS Dr
o
689 SE Salmon Ave
0
1410 SE USFS Dr (A-B)
o
691 SE Salmon Ave
0
1552 SE USFS Dr
o
693 SE Salmon Ave
0
1605 SE Ochoco Way
o
701 SE Salmon Ave
0
1694 SE USFS Dr
0
705 SE Salmon Ave
0
1900 SE Airport Way (A-1 to
0
743 SE Salmon Ave
A-3; B; C-1 to C-2; D; E; F-1
o
765 SE Salmon Ave
to F-14; G1 to G14; H to V)
o
875 SE Veteran's Way
0
2215 SE USFS Dr
o
880 SE Veteran's Way
o
2234 SE 6th St
o
888 SE Veteran's Way (A to G; H-1 to H-2; I-
o
2234 SE Salmon Ave
1 to 1-7; J-1 to J-2; K-1 to K-7)
0
2700 SE Airport Way
o
905 SE Salmon Ave
0
625 SE Salmon Ave
0
907 SE Salmon Ave
o
644 SE Salmon Ave
o
911 SE Salmon Ave
o
645 SE Salmon Ave
0
665 SE Salmon Ave
• Tax Lot 1513000001500 • Tax Lot 1513000001503
0 1730 SE Ochoco Way o 3840 SW Airport Way
0 1740 SE Ochoco Way
0 1764 SE Ochoco Way • Tax Lot 1513280000101
0 2000 SE USFS DR (A to D) o 3000 SW Airport Way
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
(541) 388-6575 @cdd@deschutes.org ® www.deschutes.org/cd
APPLICANT: City of Redmond
411 SW91hSt
Redmond, OR 97756
Redmond Municipal Airport
2522 Jesse Butler Cir
Redmond, OR 97756
REQUEST: The applicant, City of Redmond, has applied for a Text Amendment to
the Airport Safety (AS) Combining Zone (DCC 18.80.030) to update the
Runway and Approach information and a corresponding update
amending the AS map to reflect the new zoning boundaries for
imaginary surfaces and the new 55 DNL (Average Day -Night Sound
Level) noise contour boundaries.
STAFF CONTACT: Tarik Rawlings, Senior Transportation Planner
Phone: 541-317-3148
Email: tarik.rawlings@deschutes.org
RECORD: Record items can be viewed and downloaded from:
https://www.deschutescounty.gov/cd/page/247-23-000252-ta-
redmond-airport-master-plan-ramp-text-amendment
I. APPLICABLE CRITERIA:
Deschutes County Code
Title 18, Deschutes County Zoning Ordinance:
Chapter 18.04, Title, Purpose and Definitions
Chapter 18.76, Airport Development Zone
Chapter 18.80, Airport Safety Combining Zone (AS)
Chapter 18.136, Amendments
Title 22, Deschutes County Development Procedures Ordinance
Chapter 22.12, Legislative Procedures
Title 23, Deschutes County Comprehensive Plan
Chapter 3, (Rural Growth Management), Section 3.4, Rural Economy
Oregon Revised Statutes
ORS 836.610
ORS 836.616
Oregon Administrative Rules
OAR Chapter 660, Division 15, Statewide Planning Goals 1-14
OAR Chapter 660, Division 12, Transportation
OAR Chapter 660, Division 13, Airport Planning
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
QN (541) 388-6575 @ cdd@deschutes .org @ www.deschutes.org/cd
II. PROPOSED TEXT AMENDMENTS:
The proposed text amendments are also detailed in the referenced applicant's burden of proof
materials, included as an attachment. Below are the proposed changes with removed text shown
in ctrikethro gh and newly -added text identified by underline.
Title 18 County Zonin .
Chapter 18.80 Airport Safety Combining Zone; A-S
Section 18.80.030 Redmond Municipal Airport
The Redmond Municipal Airport is a Category 1, Commercial Service Airport. Its function is to
accommodate scheduled major/national or regional commuter commercial air carrier service.
The two existing , "other than utility" paved runways
are located at an airport elevation of 3,080.7' 3,0:7:7'. The proposed extension to runway 4-22 the
primary runway and the planned new parallel runway are both identified on the FAA -adopted
Airport Layout Plan. Therefore, these improvements are used in the layout of the Airport Safety
and Combining Zone. The same safety zone dimensional standards used for Runway 4-22- the
primary runwav will also apply to the planned parallel runway.
A. Primary Surface - For Redmond, the primary surfaces are 1,000' wide by 7,406' 7-44(X
long for the crosswind runway Runway 1 n-, 1,000' wide by 9,100' long for the primary
runwa RYnway ^-", and 1,000' wide by 6,600' 7,400' long for the proposed new parallel
runway.
B. Transitional Surface - The surfaces extend outward and upward at right angles to the
runway centerline and the runway centerline extended at a slope of 7:1 from the sides of
the primary surface and from the sides of the approach surfaces. Transitional surfaces
for those portions of the precision approach surface which project through and beyond
the limits of the conical surface extend a distance of 5,000 feet measured horizontally
from the edge of the approach surface and at right angles to the runway centerline.
9R Ri,n,^/�„ Drntortinn Zene-rRPZ�Twe different RPZs apply-te tk4—Rorlmnnrl Airnnrt
. CGR�f9 V a y I vi c e c* c l i rccvrrrvrrcrnrrp v i c
4-2222 and the planned parallel runIN have precision approaches. Runway-10-
500' Inns by 9 750' wide trapezoid I^ Ne the nnn_nrr,ricinn RR7 fnrmc n S(QQ' Wid by
1 700' iORg by 1 0! n' wide trapezoid
C. Approach Surface - The current ILS precision approach surface to the primary runway
runway 22 and the planned precision approaches to the Runway 4 and future parallel
runway 4-221, are 1,000' wide by 50,000' long by 16,000' wide, with an upward approach
slope ratio of 50:1 (one foot vertical for each 50 feet horizontal) for the first 10,000', then
a slope ratio of40:1 for the remaining 40,000'. The non -precision approach surface is 500'
wide by 10,000' long by 3,500' wide, with an upward approach slope ratio of 34:1.
Exhibit C - Ordinance 2024-002 - 247-23-000252-TA Page 3 of 4
D. Horizontal Surface - The surface boundary is comprised of connected arcs drawn 10,000
feet outward and centered on the ends of the primary surface. The elevation of the
horizontal surface for the Redmond Airport is 3,2-27 230 feet (150' above airport
elevation).
E. Conical Surface - The surface extends outward and upward from the periphery of the
horizontal surface at a slope of 20:1 for a horizontal distance of 4,000' up to an elevation
of 3,430.7'.
F. Runway Protection Zone (RPZ) - Two different RPZs apply to the Redmond Airport
because it has a total of three potential runways with two possible approaches. The
primary runway and the planned parallel runway will both have precision approaches.
The crosswind runway has a non -precision approach on each end. The precision RPZ
forms a 1 000' wide by 2 500' long by 1,750' wide trapezoid while the non -precision RPZ
forms a 1 000' wide by 1,700' long by 1,510' wide trapezoid. The RPZ begins 200' from the
surveyed runway end point.
Exhibit C - Ordinance 2024-002 - 247-23-000252-TA Page 4 of 4
Mailing Date:
Friday, December 15, 2023
HEARINGS OFFICER RECOMMENDATION
REDMOND AIRPORT MASTER PLAN (RAMP) UPDATE - TEXT AMENDMENT
FILE NUMBER(S): 247-23-000252-TA
SUBJECT PROPERTY: The Airport
Safety Combining Zone and 55 DNL noise contour
boundaries are associated
with the Redmond Municipal Airport
("Airport"), which includes the
following addresses and tax lots:
• Tax Lot 1513220000100
0
1050 SE Sisters Ave
o
675 SE Salmon Ave
0
1050 SE Sisters Ave (A-B)
o
679 SE Salmon Ave
0
1120 SE Sisters Ave
o
681 SE Salmon Ave
0
1120 SE Sisters Ave (A-E)
o
683 SE Salmon Ave
o
1300 SE USFS Dr
o
685 SE Salmon Ave
0
1320 SE USFS Dr
o
687 SE Salmon Ave
0
1350 SE USFS Dr
o
689 SE Salmon Ave
o
1410 SE USFS Dr (A-B)
0
691 SE Salmon Ave
0
1552 SE USFS Dr
o
693 SE Salmon Ave
0
1605 SE Ochoco Way
o
701 SE Salmon Ave
0
1694 SE USFS Dr
o
705 SE Salmon Ave
0
1900 SE Airport Way (A-1 to
0
743 SE Salmon Ave
A-3; B; C-1 to C-2; D; E; F-1
o
765 SE Salmon Ave
to F-14; G1 to G14; H to V)
o
875 SE Veteran's Way
o
2215 SE USFS Dr
o
880 SE Veteran's Way
0
2234 SE 6th St
o
888 SE Veteran's Way (A to G; H-1 to H-2; I-
o
2234 SE Salmon Ave
1 to 1-7; J-1 to J-2; K-1 to K-7)
o
2700 SE Airport Way
o
905 SE Salmon Ave
o
625 SE Salmon Ave
o
907 SE Salmon Ave
0
644 SE Salmon Ave
o
911 SE Salmon Ave
0
645 SE Salmon Ave
0
665 SE Salmon Ave
Tax Lot 1513000001500 • Tax Lot 1513000001503
o 1730 SE Ochoco Way o 3840 SW Airport Way
o 1740 SE Ochoco Way
o 1764 SE Ochoco Way • Tax Lot 1513280000101
0 2000 SE USFS DR (A to D) o 3000 SW Airport Way
Exhibit D - Ordinance 2024-002 - 247-23-000252-TA
APPLICANT: City of Redmond
411 SW 9th St
Redmond, OR 97756
Redmond Municipal Airport
2522 Jesse Butler Cir
Redmond, OR 97756
REQUEST: The City of Redmond ("Applicant") applied for a Text Amendment to the
Airport Safety ("AS") Combining Zone (DCC 18.80.030) to update the
Runway and Approach information and a corresponding update
amending the AS map to reflect the new zoning boundaries for
imaginary surfaces and the new 55 DNL ("Average Day -Night Sound
Level") noise contour boundaries.
STAFF CONTACT: Tarik Rawlings, Senior Transportation Planner
Phone: 541-317-3148
Email: tarik.rawlings@deschutes.org
RECORD: Record items can be viewed and downloaded from:
https://www.deschutescounty.gov/cd/page/247-23-000252-ta-
redmond-airport-master-plan-ramp-text-amendment
I. APPLICABLE CRITERIA
Deschutes County Code
Title 18, Deschutes County Zoning Ordinance:
Chapter 18.04, Title, Purpose and Definitions
Chapter 18.76, Airport Development Zone
Chapter 18.80, Airport Safety Combining Zone (AS)
Chapter 18.136, Amendments
Title 22, Deschutes County Development Procedures Ordinance
Chapter 22.12, Legislative Procedures
Title 23, Deschutes County Comprehensive Plan
Chapter 3, (Rural Growth Management), Section 3.4, Rural Economy
Oregon Revised Statutes
ORS 836.610
ORS 836.616
Oregon Administrative Rules
OAR Chapter 660, Division 15, Statewide Planning Goals 1-14
OAR Chapter 660, Division 12, Transportation
OAR Chapter 660, Division 13, Airport Planning
Exhibit D - Ordinance 2024-002 - 247-23-000252-TA
247-23-000252-TA Page 2 of 27
II. BASIC FINDINGS
LOT OF RECORD: DCC 22.04.040(B) does not require lot of record verification for Text Amendment
applications and, as a result, lot of record verification is not required for the subject application.
SITE DESCRIPTION: The AS Combining Zone and 55 Day -Night Sound Level ("DNL") noise contour
boundary includes the Redmond Municipal Airport ("Roberts Field") and surrounding properties
affected by the imaginary surfaces of the AS Combining Zone, which collectively total approximately
1,934 acres. The Redmond Municipal Airport is developed with a number of aviation -related uses
including taxiways, runways, internal roads and parking areas, and several structures. The Tax Lots
associated with the Redmond Municipal Airport (1513220000100, 1513000001500, 1513000001503,
1513280000101) abut or contain several City of Redmond roadways to the west and north (SE Jesse
Butler Cr [city local], SE Salmon Ave [city local], SE 6th St [city local], SE Airport Way [city arterial], SE
Veteran's Way [city arterial], SE Sisters Ave [city local], SE USFS Dr [city local], SE 10th St [city local]).
Highway 126 (a State Primary Highway) adjoins the Airport property along its northern boundary.
SE Sherman Rd and Redmond -Powell Butte Market Road border the Airport property to the east
and are functionally classified as County -owned Rural Local roadways. Additional portions of SE
Sherman Rd (to the east of the Airport) are owned and maintained by the Bureau of Land
Management ("BLM") and are functionally classified as Rural Local roadways.
PROPOSAL: The submitted Burden of Proof includes the following background on why this Text
Amendment is necessary for the Airport:
"The applicant, City of Redmond, owner of the Redmond Municipal Airport, proposes the enclosed
amendments to the text of Chapter 18.80 of the Deschutes County Zoning Ordinance and the
County's Official Zoning Map to reflect the proposed improvements identified in the 2018 Airport
Master Plan.
The Airport Master Plan evaluated the Airport's needs over a 20 year planning period for airfield,
airspace, terminal area, and landside facilities. The goal of the plan was to document the orderly
development of Airport facilities essential to meeting City needs, in accordance with FAA standards,
and in a manner complementary with community interests. The Plan resulted in a 20 year
development strategy envisioned by the City of Redmond, reflective of the updated Airport Capital
Improvement Program (CIP), and graphically depicted by the Airport Layout Plan (ALP) drawings.
The approved Plan allows the City to satisfy FAA assurances and seek project funding eligible under
the respective federal and state airport aid program. City of Redmond Ordinance No. 2018-18
updated the Redmond Transportation System Plan, inclusive of the 2018 Airport Master Plan,
making it the transportation element of the Redmond Comprehensive Plan."
The proposed language of the Text Amendment is included as Attachment 1 and summarized as
follows:
• The Applicant proposes to change the introductory language of DCC 18.80.030 including
changes to airport elevation, and descriptions of the existing runways.
Exhibit D - Ordinance 2024-002 - 247-23-000252-TA
247-23-000252-TA Page 3 of 27
• The Applicant proposes to change the Primary Surface, Approach Surface, and Horizontal
Surface dimensional description(s) at DCC 18.80.030(A, C, and D). - - --
• The Applicant proposes to remove the existing language of DCC 18.80.030(B) and replace it
with a description of the Airport's Transitional Surface.
• The Applicant proposes to add descriptions of the Airport's Conical Surface and Runway
Protection Zone at DCC 18.80.030(E) and (F), respectively.
PUBLIC AGENCY COMMENTS: The Planning Division mailed notice on September 19, 2023, to
several public agencies and received the following comments:
Deschutes County Building Safety Division, Randy Scheid, September 20, 2023:
"The Deschutes County Building Safety Divisions code mandates that Access, Egress, Setbacks, Fire
& Life Safety, Fire Fighting Water Supplies, etc. must be specifically addressed during the
appropriate plan review process with regard to any proposed structures and occupancies.
Accordingly, all Building Code required items will be addressed, when a specific structure,
occupancy, and type of construction is proposed and submitted for plan review."
The following agencies/entities did not respond to the notice: Arnold Irrigation District, Bend Metro
Parks & Rec., BLM Prineville District, Department of Environmental Quality, Department of Forestry,
Department of Geology and Mineral Industries, Department of State Lands, Deputy State Fire
Marshal, Deschutes County Assessor, Deschutes County Environmental Soils Division, Deschutes
County Fire Adapted Communities Coordinator, Deschutes County Forester, Deschutes County
Road Department, Deschutes County Sheriff, Deschutes National Forest, ODOT Region 4 Planning,
Oregon Department of Agriculture, Oregon Department of Water Resources, Redmond Area Parks
& Rec. District, Redmond City Planning, Redmond Fire & Rescue, Swalley Irrigation District,
Terrebonne Domestic Water District, Three Sisters Irrigation District, Watermaster - District 11,
BNSF Railway, Cascade Natural Gas Co., Central Electric Co-op, Oregon Department of Aviation,
Redmond Airport, Redmond Public Works, and Redmond School District.
PUBLIC COMMENTS: The Planning Division mailed notice of the application to all property owners
whose property would be affected by the new AS Combining Zone and 55 DNL noise contour
boundaries on September 20, 2023. Comments were received from Central Oregon Irrigation
District ("COID") and Dorinne Tye.
COID Spencer Stauffer, September 22, 2023:
"Re: 247-23-000252-TA
Deschutes County Assessor's Map 15-13-00, Tax Lots 1500 and 1503
Deschutes County Assessor's Map 15-13-22, Tax Lot 100
Deschutes County Assessor's Map 15-13-28, Tax Lot 101
Please be advised that Central Oregon Irrigation District (COID) has reviewed the Text Amendment
to the Airport Safety (AS) Combining Zone (DCC 18.80.030) to update the Runway and Approach
Exhibit D - Ordinance 2024-002 - 247-23-000252-TA
247-23-000252-TA Page 4 of 27
information and corresponding update amending the AS Zoning Map to reflect the new zoning
boundaries forimaginarysurfaces and the new 55-DNL (Average -Day -Night Sound Level) noise
contour boundaries. (dated August 29, 2023). COID has no facilities or water rights on the subject
property (TAXLOT.• 15-13-00, Tax Lots 1500 and 1503, 15-13-22, Tax Lot 100, 15-13-28, Tax Lot
101)."
Dorinne Tye, November 7, 2023
An email was received, during the conduct of the November 7, 2023 Hearing, from Dorinne Tye
('Tye"). The Tye email raised a number of issues and objections to the proposal in this case. The
Hearings Officer attempted to identify and characterize Tye's email issues below.
Tye stated that aircraft noise creates negative psychological and general health impacts. The
Hearings Officer considered Tye's "noise" impact comments in the findings for any relevant approval
criterion.
Tye asserted that "shifting noise contours requires avigation easements." Tye provided no legal
citations to assist the Hearings Officer regarding what relevant approval criteria/criterion the
"avigation easement" argument applied. Further, Tye failed to provide citations or other legal
authority, with sufficient specificity, to allow the Hearings Officer to comprehend or analyze the
"avigation easement" issue.
Tye asserted that shifting noise contours may violate one or more EPA guidelines. The Hearings
Officer finds that Tye failed to develop the "EPA" argument with sufficient specificity to allow the
Hearings Officer to comprehend and analyze that issue.
Tye suggested that Applicant's proposed shifting of noise contours violates the US Constitutional
provision that prohibits the taking of private property withoutjust compensation. Tye did reference
the U.S. Supreme Court case Nollan v. California Coastal Commission in the context of the "taking"
issue. Tye indicated that the court in Nollan required a "nexus" test to be satisfied. The Hearings
Officer finds that Tye failed to connect the Nollan "nexus" test, with sufficient specificity, to the
present application. The Hearings Office finds that Tye failed to provide specific facts or evidence
to support her Nollan argument(s). The Hearings Officer finds that Tye failed to adequately develop
the Nollan "nexus" test argument such that the Hearings Officer could provide a legally competent
response.
Tye asserted that the process leading up to the issuance of the Staff Report and the hearing in this
case did not provide for adequate citizen involvement. The Hearings Officer addresses Tye's "citizen
involvement" argument in the findings for relevant approval criterion below.
Tye stated that "there must be adequate consideration and mitigation of airside impacts and related
road traffic impacts, especially from an airport..." The Hearings Officer notes that Tye raised no
specific road traffic impacts that should be considered in a negative or positive light. The Hearings
Officer addresses traffic impacts in the findings for relevant approval criterion below.
Exhibit D - Ordinance 2024-002 - 247-23-000252-TA
247-23-000252-TA Page 5 of 27
Tye referenced an "Airport Easement Ordinance" and stated that such law had been found
unconstitutional. The Hearings Officer -opened -the -internet-link in Tye's-email and -determined -the
referenced Oregon Land Use Board of Appeals decision related to a Hillsboro, Oregon ordinance.
The Hearings Officer finds Tye did not provide any legal authority that would lead the Hearings
Officer to conclude that a Hillsboro ordinance was relevant to this case.
NOTICE REQUIREMENT: As mentioned previously, on September 20, 2023, the Planning Division
mailed notice to all property owners whose property would be affected by the new AS Combining
Zone and 55 DNL noise contour boundaries. This type of notice is commonly referred to as a
Measure 56 Notice. A separate Notice of Application was mailed to relevant agencies on September
19, 2023. A Notice of Public Hearing was published in the Bend Bulletin on Sunday, October 8, 2023.
Notice of the first evidentiary hearing was submitted to the Department of Land Conservation and
Development on September 18, 2023. The Applicant complied with the posted notice requirements
outlined in DCC 22.24.030(B) and submitted a Land Use Sign Affidavit confirming that the required
notice was posted on October 25, 2023, for at least 10 days prior to the scheduled public hearing
date of November 7, 2023.
REVIEW PERIOD: According to Deschutes County Code ("DCC") 22.20.040(D), the review of the
proposed quasi-judicial Text Amendment application is not subject to the 150-day review period.
III. FINDINGS & CONCLUSIONS
Preliminary Findings. A public hearing was held on November 7, 2023 (the "Hearing")
providing the Applicant, Deschutes County Planning Staff ("County Staff") and members of the public
an opportunity to provide oral and written comments related to the application in this case. Only
the Applicant and County Staff offered oral testimony and written comments at the Hearing. One
person submitted written comments (Tye email referenced above) in opposition. With the exception
of the Tye email submission there is no evidence or argument in the record to dispute specific
sections or language contained in the Staff Report, The Hearings Officer incorporates the Hearings
Officer's comments included in the Public Comments section above, related to the Tye email, as
additional findings for this section.
The Staff, in the Staff Report (page 11), opined that the policies set forth in the Deschutes County
Comprehensive Plan Section 3.4 Rural Economy Policy 3.4.6 are not a specific approval criterion.
Staff stated that if the Hearings Officer concluded that these policies were relevant approval criteria
the Hearings Officer should provide findings in support of the Hearings Officer's position. The
Hearings Officer concurs with Staff that the policies (i.e., Policy 3.4.6) are not mandatory approval
criterion.
Finally, as noted above, only the Tye email raised any issues with the Staff Report. Specifically, the
Tye email raised questions concerning noise, citizen involvement and transportation related
findings. The Hearings Officer supplemented the Staff findings related to noise, citizen involvement
and transportation issues. Therefore, except as noted above, the Hearings Officer adopts the Staff
findings in the Staff Report as the Hearings Officer's findings.
Exhibit D - Ordinance 2024-002 - 247-23-000252-TA
247-23-000252-TA Page 6 of 27
Title 18 of the Deschutes County Code, County Zoning
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: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The Applicant, as the property owner, requested a quasi-judicial Text Amendment with corresponding
quasi-judicial Map Amendment. The Applicant has filed the required land use application forms for the
proposal. The application will be reviewed utilizing the applicable procedures contained in Title 22 of
the Deschutes County Code.
DCC 22.04.020 includes the following definition:
'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.)
The subject application is not a request to change the zoning or Comprehensive Plan designation of the
subject property. However, as described below, the quasi-judicial process of a Comprehensive Plan
Amendment is the most applicable guidance regarding Text Amendments that are not squarely
legislative. Therefore, staff includes the definition of a quasi-judicial process above for reference and
also addresses the provisions of DCC 22.28.030, below, regarding final action on Comprehensive Plan
amendments. Potentially relevant to this case, the Bend Municipal Airport most recently went through
a Text Amendment in Deschutes County file 247-20-000482-TA. The Hearings Officer decision for file
247-20-000482-TA made the following findings regarding whether the application should be processed
as a quasi-judicial Text Amendment.
Based on the foregoing, the Hearings Officer finds 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
Exhibit D - Ordinance 2024-002 - 247-23-000252-TA
247-23-000252-TA Page 7 of 27
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.
The Oregon Supreme Court case Strawberry Hill 4 Wheelers provides guidance on how to distinguish
between a legislative and quasi-judicial process, and outlines a three-part test that continues to be
applied throughout case law. The Court of Appeals applied and expanded on the Strawberry Hill 4
Wheelers decision in Hood River Valley v. Board of Cty. Commissioners, 193 Or App 485, 495, 91 P3d
748 (2004):
Given those concerns, 'ft]he fact that a policymaking process is circumscribed by * * * procedural
requirements [such as public hearings] does not alone turn it into an adjudication.' Id. at 604.
Rather, at least three other considerations generally bear on the determination of whether
governmental action represented an 'exercise of * * *quasi judicial functions.'ORS34.040(1). First,
does 'the process, once begun, [call] for reaching a decision,' with that decision being confined by
preexisting criteria rather than a wide discretionary choice of action or inaction? Strawberry Hill
4 Wheelers, 287 Or at 604. Second, to what extent is the decision -maker 'bound to apply
preexisting criteria to concrete facts'? Id. at 602-03. Third, to what extent is the decision 'directed
at a closely circumscribed factual situation or a relatively small number of persons'? Id. at 603.
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 51 (quoting Strawberry Hill 4 Wheelers, 287 Or
at 604).
As noted above, the Strawberry Hill 4 Wheelers test requires a case -specific analysis of all three factors
in combination. Individuals most affected by the proposed Text Amendment include the Redmond
Municipal Airport and neighboring property owners, all of whom were mailed notice pursuant to DCC
22.24.030.
Staff addresses each component of the Strawberry Hill 4 Wheelers test below.
Results in a decision
The applicant has submitted an application for a Text Amendment, in order to amend text related to
the Redmond Airport's AS Combining Zone in DCC 18.80.030 and to update applicable AS overlay zoning
boundaries and 55 DNL noise contour boundaries identified in associated zoning maps and County
records. The request will result in either an approval or a denial, and a decision will be issued by the
Board of County Commissioners (Board) pursuant to DCC Title 22. As opposed to a policy change
initiated by staff or decision -makers, which has a wide discretionary choice between action and inaction,
Exhibit D - Ordinance 2024-002 - 247-23-000252-TA
247-23-000252-TA Page 8 of 27
the subject request was submitted as a land use application by the property owner and the County must
take final action on it. Staff finds the subject amendment clearly meets this component of the Strawberry
Hill 4 Wheelers test and may be considered a quasi-judicial process.
Apply existing criteria
The subject request is being reviewed based on criteria in DCC Chapter 18.136, Amendments, and
applicable state statutes. Oregon Revised Statutes (ORS) 836.616, Rules for airport uses and activities,
provides a list of the uses that may be permitted within an airport under a local jurisdiction's land use
code. Staff is unclear about the specific applicability of ORS 836.616 to the subject application as there
are no changes to permitted uses within the Airport, but includes that provision, below if the Hearings
Officer finds it applies to the subject application. The application is being reviewed to confirm
compliance with the DCC along with applicable OARs and ORSs, and staff therefore finds existing criteria
are being applied to the subject application. Consequently, the application meets this component of the
Strawberry Hill 4 Wheelers test for a quasi-judicial process.
Small number of persons
The AS Combining Zone encompasses the Airport, with the Zone's imaginary surfaces located above a
limited number of surrounding properties. The subject property from with the AS Combining Zone is
based is owned and operated by the City of Redmond, who manages leases and oversees uses within
the Redmond Municipal Airport. While staff notes the Redmond Municipal Airport is utilized by members
of the public and various businesses, changes to the airports imaginary surfaces and 55 DNL noise
contour boundaries can only be established on the property if the City of Redmond initiates or
authorizes an application. The subject request will impact the development potential of the Airport
property and a limited number of surrounding properties. Therefore, staff finds the subject request
complies with this component of the Strawberry Hill 4 Wheelers test and may be categorized as quasi-
judicial.
When the factors above are considered in combination, staff finds they indicate the subject Text
Amendment is a quasi-judicial process. As noted in Hood River Valley v. Board of Cty. Commissioners,
the differentiation between a legislative and quasi-judicial process is important to ensure all affected
parties are given a fair process. In this case the proposal was noticed to all property owners who would
potentially be affected by the proposal and processing the request through a quasi-judicial process will
provide for a public hearing before a Hearings Officer and final action by the Board. For these reasons,
staff finds the request meets the three-part test outlined in Strawberry Hill 4 Wheelers as well as the
intent of a quasi-judicial process."
Title 22 of the Deschutes County Code, Development Procedures Ordinance
Chapter 22.12, Legislative Procedures
Section 22.12.010, Hearing Required
No legislative change shall be adopted without review by the Planning Commission and a
Exhibit D - Ordinance 2024-002 - 247-23-000252-TA
247-23-000252-TA Page 9 of 27
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 adopts as findings for this decision the following Staff Report
statements:
'As described above, staff finds the subject request is a quasi-judicial Text Amendment. However, the
procedural steps will be similar to those outlined in the Hearing's Officer decision for file 247-20-000482-
TA, which finds amendments to allowed airport uses carry the qualities of a legislative act. The subject
amendments will be adopted through an ordinance, consistent with the process for a legislative
amendment. The Planning Director has exercised their discretion not to set a hearing before the
Planning Commission."
Section 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 Deschutes County.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"Notice of the proposed Text Amendment was published in the Bend Bulletin. As noted above, the
applicant complied with the posted notice requirement and staff mailed notice to all property owners
who would be affected by the newly -proposed AS zoning and 55 DNL noise contour boundaries. Notice
was provided to the County public information official for wider media distribution."
Section 22.12.030, Initiation Of Legislative Changes
A legislative change may be initiated by application of individuals upon payment of
required fees as well as by the Board of Commissioners or the Planning Commission.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
Exhibit D - Ordinance 2024-002 - 247-23-000252-TA
247-23-000252-TA Page 10 of 27
"The applicant has submitted the required fees and requested a -Text Amendment. Staff finds the
applicant is granted permission under this criterion to initiate a legislative change and has submitted
the necessary fee and materials."
Section 22.12.040, Hearings Body
A. The following shall serve as hearings or review body for legislative changes in this
order.
1. The Planning Commission.
2. The Board of County Commissioners.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
'As described above, the subject application meets the definition of a quasi-judicial application. For this
reason, this application was referred to a Hearings Officer rather than the Planning Commission for a
recommendation. The adoption of the proposed text amendments will follow a legislative process
because it must be approved by the Board. For the purpose of this criterion, staff notes the application
has properties of both a quasi-judicial and legislative amendment."
B. Any legislative change initiated by the Board of County Commissioners shall be
reviewed by the Planning Commission prior to action being taken by the Board of
Commissioners.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The subject application was not initiated by the Board. Staff finds this criterion does not apply."
Section 22.12.050, Final Decision
All legislative changes shall be adopted by ordinance.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"Staff finds this criterion requires action by the Board to effect any legislative changes to Deschutes
County Code. If the proposed Text Amendment is approved, it will become effective through the Board
adoption of an ordinance."
Chapter 22.28, Land Use Action Decisions
Section 22.28.030 Decision On Plan Amendments And Zone Changes
Exhibit D - Ordinance 2024-002 - 247-23-000252-TA
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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.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
'As detailed above, staff finds the proposal should be viewed as a quasi-judicial plan amendment. For
this reason, staff finds these criteria apply. This application is being referred to a Hearings Officer for a
recommendation. If an appeal is not filed and the Board does not initiate review, the Board shall adopt
the Hearings Officer's recommendation as the decision of the county."
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: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The subject Text Amendment does not require a goal exception and does not concern lands designated
for forest or agricultural use as the base zoning of the airport subject property is within the City of
Redmond's jurisdiction. For this reason, a de novo hearing before the Board is not required."
D. Notwithstanding DCC 22.28.030(C), when a plan amendment subject to a DCC
22.28.030(C) hearing before the Board of County Commissioners has been
consolidated for hearing before the hearings Officer with a zone change or other
permit application not requiring a hearing before the board under DCC 22.28.030(C),
any party wishing to obtain review of the Hearings Officer's decision on any of those
other applications shall file an appeal. The plan amendment shall be heard by the
Board consolidated with the appeal of those other applications.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"No other application is being consolidated with the subject Text Amendment. Staff finds this criterion
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does not apply."
Deschutes County Comprehensive Plan
Transportation System Plan
Section 3.4, Rural Economy
Goal 1. Maintain a stable and sustainable rural economy, compatible with rural lifestyles
and a healthy environment.
Policy 3.4.6 Support and participate in master planning for airports in Deschutes
County
FINDING: The Hearings Officer incorporates the Preliminary Findings related these policies as
additional findings. Further, the Hearings Officer finds that the Staff Report findings set forth below
and the underlying documentation submitted by the Applicant, constitute substantial evidence in
this case. While perhaps not relevant to these findings the Hearings Officer addresses, at the end
of this section, Tye email comments related to transportation (road impacts). The Hearings Officer
agrees with and therefore adopts the following Staff Report comments:
"The County's Comprehensive Plan includes a number of guiding policies such as the rural economy
goal cited above. In addition, Appendix C - Transportation System Plan includes goals specific to airport
planning. Staff finds the relevant Comprehensive Plan policies are implemented through Deschutes
County Code, and the Comprehensive Plan goals themselves are not specific approval criteria. However,
to the extent the Hearings Officer finds this policy is an applicable approval criterion, staff notes that
the proposed text amendments will support master planning for the Redmond Municipal Airport. The
subject amendments are proposed to implement the changes within the 2018 Redmond Airport Master
Plan, the purpose of which is to document the orderly development of Airport facilities essential to
meeting the City of Redmond's needs, in accordance with FAA standards, and in a manner
complementary to community interests."
Tye, in the Tye email, stated the following related to transportation issues:
"There must be adequate consideration and mitigation of airside impacts and related road traffic
impacts, especially from an airport with the highest airborne lead in the state."
The Hearings Officer finds Tye statement that "there must be adequate consideration" of "road
traffic impacts" is a reasonable and fair comment. However, without additional evidence or
argument related to how the instant application fails to "adequately consider road traffic" the
Hearings Officer is unable to meaningfully respond. The Hearings Officer finds the Tye email
comment related to road traffic is not developed sufficiently to allow the Hearings Officer to make
a reasonable analysis and decision.
Exhibit D - Ordinance 2024-002 - 247-23-000252-TA
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OREGON REVISED STATUTES
Chapter 836 - Airports and Landing Fields
836.610 Local government land use plans and regulations to accommodate airport
zones and uses; funding; rules.
1) Local governments shall amend their comprehensive plan and land use regulations
consistent with the rules for airports adopted by the Land Conservation and
Development Commission under ORS 836.616 and 836.619. Airports subject to the
rules shall include:
(a) Publicly owned airports registered, licensed or otherwise recognized by the
Department of Transportation on or before December 31, 1994, that in 1994
were the base for three or more aircraft, and
(b) Privately owned public -use airports specifically identified in administrative
rules of the Oregon Department of Aviation that:
(A) Provide important links in air traffic in this state,
(8) Provide essential safety or emergency services, or
(C) Are of economic importance to the county where the airport is
located.
(2)(a) Local governments shall amend their comprehensive plan and land use regulations
as required under subsection (1) of this section not later than the first periodic
review, as described in ORS 197.628 to 197.651, conducted after the date of the
adoption of a list of airports by the Oregon Department of Aviation under subsection
(3) of this section.
(b) A state agency or other person may provide funding to a local government to
accomplish the planning requirements of this section earlier than otherwise
required under this subsection.
(3) The Oregon Department of Aviation by rule shall adopt a list of airports described
in subsection (1) of this section. The rules shall be reviewed and updated periodically
to add or remove airports from the list. An airport may be removed from the list
only upon request of the airport owner or upon closure of the airport for a period of
more than three years. [1995 c.285 §4, 1997 c.859 52]
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The AS Combining Zone stems from the Redmond Municipal Airport, which is o publicly -owned airport.
The proposed changes relate to dimensions and boundaries of the imaginary surfaces of the AS
Combining Zone and the 55 DNL noise contour boundary. No changes to the Airport's operational uses
or activities are proposed and, as a result, the provisions of ORS 836.616 do not apply to the subject
application. Additionally, staff recognizes that the underlying zoning for the Airport is based on City of
Redmond zoning districts over which the County has no jurisdiction for the Airport's allowed uses or
activities."
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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 (Local government land
use plans and regulations to accommodate airport zones and uses) (1). [1997 c.859 §8
(enacted in lieu of 836.620)]
FINDING: Applicable Oregon Administrative Rules are addressed below.
OREGON ADMINISTRATIVE RULES CHAPTER 660, LAND CONSERVATION AND DEVELOPMENT
DEPARTMENT
Division 13 - Airport Planning
OAR 660-013-0010, Purpose and Policy
(1) This division implements ORS 836.600 through 836.630 and Statewide Planning Goal
12 (Transportation). The policy of the State of Oregon is to encourage and support
the continued operation and vitality of Oregon's airports. These rules are intended
to promote a convenient and economic system of airports in the state and for land
use planning to reduce risks to aircraft operations and nearby land uses.
(2) Ensuring the vitality and continued operation of Oregon's system of airports is
linked to the vitality of the local economy where the airports are located. This
division recognizes the interdependence between transportation systems and the
communities on which they depend.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The above provision is a purpose and policy statement related to OAR 660 Division 13. The applicant's
burden of proof statement includes the following response to this provision:
'By adopting these amendments, the County continues to encourage and support the continued
development, operation and vitality of the Redmond Municipal Airport. The amendments are
consistent with ORS 836.600 through 836.630 and Statewide Planning Goal 12 (Transportation).'
Staff notes the applicable provisions of ORS 836.600 through ORS 836.630 are reviewed in previous
findings. Oregon Statewide Planning Goals, including Goal 12, are reviewed in subsequent findings."
OAR 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
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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 adopts as findings for this decision the following Staff Report
statements:
"The submitted Burden of Proof provides the following statement:
'The proposed Deschutes County code text and map amendments do not affect the adopted
transportation planning documents. This proposed set of amendments are consistent with local
comprehensive plans and the State Aviation System Plan. By adopting these amendments, the
County continues to encourage and support the continued development, operation and vitality of
the Redmond Municipal Airport.'
Staff concurs with this description and finds the proposed amendment to the DCC will encourage and
support the continued operation and vitality of the Airport."
OAR 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 adopts as findings for this decision the following Staff Report
statements:
"The submitted Burden of Proof provides the following statement.
'Revisions to DCC Chapter 18.80, specifically DCC 18.80.030, 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.'
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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'9 and applicable --
statewide planning requirements. The applicant proposes to amend the Airport Safety (AS) Combining
Zone, which implements this administrative rule. Other applicable statewide planning requirements are
addressed below, and staff finds this criterion will be met."
OAR 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.
(a) The overlay zone for public use airports shall be based on Exhibit 1
incorporated herein by reference.
(b) The overlay zone for airports described in ORS 836.608(2) shall be based on
Exhibit 2 incorporated herein by reference.
(c) The overlay zone for heliports shall be based on Exhibit 3 incorporated herein
by reference.
(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 adopts as findings for this decision the following Staff Report
statements:
"The submitted Burden of Proof provides the following statement:
'The acknowledged DCC Chapter 18.80 implements the requirements of this regulation, and this
application proposed to amend the existing provisions only to update the location and dimensions
of the existing safety zones.'
The County has adopted an Airport Safety (AS) Combining Zone, and staff therefore finds subsection (1),
is met. Subsection (2), above, allows a jurisdiction to adopt height exceptions to the imaginary surfaces
of the Airport Safety Overlay Zone when supported by the airport sponsor, the Oregon Department of
Aviation, and the FAA. No height exceptions are included in the subject proposal. Notice of Application
for the subject proposal was sent to the Oregon Department of Aviation on September 19, 2023 and no
comments were received."
OAR 660-013-0080 Local Government Land Use Compatibility Requirements for Public Use
Airports
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(1) A local government shall adopt airport compatibility requirements for each public
- - - use airport identified in ORS 836.610(1). The requirements shall: - - -
(a) Prohibit new residential development and public assembly uses within the
Runway Protection Zone (RPZ) identified in Exhibit 4;
(b) Limit the establishment of uses identified in Exhibit 5 within a noise impact
boundary that has been identified pursuant to OAR 340, division 35
consistent with the levels identified in Exhibit 5;
(c) Prohibit the siting of new industrial uses and the expansion of existing
industrial uses where either, as a part of regular operations, would cause
emissions of smoke, dust, or steam that would obscure visibility within
airport approach corridors,
(d) Limit outdoor lighting for new industrial, commercial, or recreational uses or
the expansion of such uses to prevent light from projecting directly onto an
existing runway or taxiway or into existing airport approach corridors except
where necessary for safe and convenient air travel;
(e) Coordinate the review of all radio, radiotelephone, and television
transmission facilities and electrical transmission lines with the Oregon
Department of Aviation;
(f) Regulate water impoundments consistent with the requirements of ORS
836.623(2) through (6); and
(g) Prohibit the establishment of new landfills near airports, consistent with
Department of Environmental Quality (DEQ) rules.
(2) A local government may adopt more stringent regulations than the minimum
requirements in section (1)(a) through (e) and (g) based on the requirements of ORS
836.623(1).
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The submitted Burden of Proof provides the following statement:
The acknowledged DCC Chapter 18.80 implements the requirements of this regulation, and this
application does not propose to amend the acknowledged regulations, other than to change the
dimensions and locations of the protected areas consistent with the currently adopted Airport
Layout Plan.'
Staff agrees with the applicant's response and finds that no substantive changes to allowable uses,
activities, or regulations associated with the Redmond Municipal Airport are included in the subject
proposal."
OAR 660-013-0160, Applicability
This division applies as follows:
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(1) Local government plans and land use regulations shall be updated to conform to
this division at periodic review, except for provisions of chapter 859, OR Laws 1997
that became effective on passage. Prior to the adoption of the list of airports
required by ORS 836.610(3), a local government shall be required to include a
periodic review work task to comply with this division. However, the periodic review
work task shall not begin prior to the Oregon Department of Aviation's adoption of
the list of airports required by ORS 836.610(3). For airports affecting more than one
local government, applicable requirements of this division shall be included in a
coordinated work program developed for all affected local governments concurrent
with the timing of periodic review for the jurisdiction with the most land area
devoted to airport uses.
(2) Amendments to plan and land use regulations may be accomplished through plan
amendment requirements of ORS 197.610 to 197.625 in advance of periodic review
where such amendments include coordination with and adoption by all local
governments with responsibility for areas of the airport subject to the requirements
of this division.
(3) Compliance with the requirements of this division shall be deemed to satisfy the
requirements of Statewide Planning Goal 12 (Transportation) and OAR 660, division
12 related Airport Planning.
(4) Uses authorized by this division shall comply with all applicable requirements of
other laws.
(5) Notwithstanding the provisions of OAR 660-013-0140 amendments to acknowledged
comprehensive plans and land use regulations, including map amendments and
zone changes, require full compliance with the provisions of this division, except
where the requirements of the new regulation or designation are the same as the
requirements they replace.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The submitted Burden of Proof provides the following statement:
'These amendments are being accomplished by code amendments authorized by OAR 660-013-
0160(2). The amendments comply with all of OAR 660-013 and other legal requirements'
Staff agrees with the above statement and notes that it appears the proposal complies with the
applicable provisions of OAR 660 Division 13 and other relevant legal requirements outlined in this staff
report."
DIVISION 12, TRANSPORTATION PLANNING
OAR 660-012-0060 Plan and Land use Regulation Amendments
(1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a
land use regulation (including a zoning map) would significantly affect an existing
Exhibit D - Ordinance 2024-002 - 247-23-000252-TA
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or planned transportation facility, then the local government must put in place
- -measures as provided insection(2) of this -rule, -unless -the -amendment -is allowed -
under section (3), (9) or (10) of this rule. A plan or land use regulation amendment
significantly affects a transportation facility if it would.
(a) Change the functional classification of an existing or planned transportation
facility (exclusive of correction of map errors in an adopted plan),
(b) Change standards implementing a functional classification system; or
(c) Result in any of the effects listed in paragraphs (A) through (C) of this
subsection based on projected conditions measured at the end of the
planning period identified in the adopted TSP. As part of evaluating projected
conditions, the amount of traffic projected to be generated within the area
of the amendment may be reduced if the amendment includes an
enforceable, ongoing requirement that would demonstrably limit traffic
generation, including, but not limited to, transportation demand
management. This reduction may diminish or completely eliminate the
significant effect of the amendment.
(A) Types or levels of travel or access that are inconsistent with the
functional classification of an existing or planned transportation
facility,
(B) Degrade the performance of an existing or planned transportation
facility such that it would not meet the performance standards
identified in the TSP or comprehensive plan, or
(C) Degrade the performance of an existing or planned transportation
facility that is otherwise projected to not meet the performance
standards identified in the TSP or comprehensive plan.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report for this
section. In addition, the Hearings Officer, at the end of the section, addresses the Tye email
transportation (road impacts) comments: The incorporated Staff findings are:
"The Applicant does not propose any changes to the uses and activities outlined within the City Zoning
Districts associated with the Redmond Municipal Airport. The Airport's underlying zoning districts, as
administered by the City of Redmond, dictate the allowable uses and activities associated with the
Airport. Because no changes are proposed to the uses and activities at the Airport, staff finds there are
no foreseeable traffic impacts from the proposed amendments. The amendments themselves propose
changes to the written descriptions, including dimensional aspects, of the Airport's imaginary surfaces
and 55 DNL noise contour boundary. Because there are no proposed changes to the base zoning, there
are no foreseeable traffic impacts associated with the proposal and, as a result, the Transportation
Planning Rule under OAR 660 Division 12 is not triggered."
The Hearings Officer finds Tye statement that "there must be adequate consideration" of "road
traffic impacts" is a reasonable and fair comment. However, without additional evidence or
argument related to how the instant application fails to "adequately consider road traffic" the
Hearings Officer is unable to meaningfully respond. The Hearings Officer finds the Tye email
Exhibit D - Ordinance 2024-002 - 247-23-000252-TA
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comment related to road traffic is not developed sufficiently to allow the Hearings Officer to make
a reasonable analysis and decision.
DIVISION 15, STATEWIDE PLANNING GOALS AND GUIDELINES
OAR 660-015, Division 15, Statewide Planning Goals and Guidelines
FINDING: The Statewide Planning Goals and the Applicant's responses are quoted below:
Goal 1: Citizen Involvement. To develop a citizen Involvement program that ensures
the opportunity for citizens to be involved in all phases of the planning process.
APPLICANT RESPONSE: Over the course of the master plan there were five Planning Advisory
Committee (PAC) meetings and two public open house events held in 201612017 as part of the
prescribed public involvement process.
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 text and map
amendments are adopted.
HEARINGS OFFICER COMMENT: Tye, in the Tye email, provided the following citizen
involvement related comments:
"The airport has NOT ADEQUATELY ATTEMPTED TO INCLUDE NON AVIATION BENEFACTOR
CITIZENS, nor had citizen feedback or approval TO GET THIS BBUSY OR BIG in light if what that
means for our farms, ecosystems, wildlife, outdoor recreation, public dollars and citizen
impacts."
The Hearings Officer finds the Applicant's reference to five planning advisory committee
meeting and two public open house events to be credible. The Hearings Officer finds that
notice of this land use action has been posted/published. The Hearings Officer finds that a
quasi judicial hearing and a legislative hearing before the Board of County Commissioners
are required. The Hearings Officer finds the public has had and continues to have rights to
participate in this planning process. The Hearings Officer finds Tye's citizen involvement
comments are not persuasive.
Goal 2: Land Use Planning. To establish a land use planning process and policy
framework as a basis for all decisions and actions related to use of land and to assure
an adequate factual base for such decisions and actions.
APPLICANT RESPONSE: These amendments are being adopted through the land use planning
process as set forth in DCC 22.12. The decision made in this matter is based on the applicable
goals, statutes, regulations as well as the Comprehensive Plan and Transportation System Plan.
The amendments will provide guidelines for future decisions.
Exhibit D - Ordinance 2024-002 - 247-23-000252-TA
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-HEARINGS OFFICER COMMENT:- The Hearings Officer concurs with Applicant's Response -
comments.
Goal 3: Agricultural Lands.
APPLICANT RESPONSE: The proposed amendments pertain to aircraft operations within
imaginary surfaces and what land uses are allowed outright, conditionally, or not allowed within
those surfaces. There are agricultural lands to the east, south, and north of the airport. These
lands are zoned Exclusive Farm Use (EFU). However, the combination of the uses permitted in the
EFU zone, the size of the affected parcels, the height limit of the zone, the distance from the
airport's runways, and the vertical gradient of the AS zones all combine to preclude any adverse
effects from the imaginary surfaces onto the EFU lands. Additionally, much of the EFU lands are in
federal ownership and thus are exempt from local land use controls. Thus, the proposed changes
to the mapped AS features are consistent with Goal 3.
STAFF COMMENT: Staff notes that the land uses allowed outright, conditionally, or
prohibited in association with the Redmond Municipal Airport are dictated by the Airport's
base zones, which are within the jurisdiction of the City of Redmond.
HEARINGS OFFICER COMMENT: The Hearings Officer concurs with the Applicant's Response
and Staff Comment.
Goal 4: Forest Lands.
APPLICANT RESPONSE: The proposed amendments do not affect any designated Forest Lands
so Goal 4 does not apply.
HEARINGS OFFICER COMMENT: The Hearings Officer concurs with Applicant's Response.
Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces.
APPLICANT RESPONSE: The proposed amendments do not affect any inventoried Goal 5 natural
resources, scenic or historic area or open space. The proposed amendments do not affect any
natural, scenic, historic, open space, or surface mining resources adjacent to the Redmond
Municipal Airport that may have been protected through the application of a combining zone.
STAFF COMMENT: The County's Goal 5 protections are partially implemented through DCC
Chapter 18.84, the Landscape Management Combining Zone. This overlay zone protects
scenic resources through design limitations and additional protections for designated
roadways, rivers, and streams. The subject property is not located within the Landscape
Management Combining Zone and is not subject to these provisions.
HEARINGS OFFICER COMMENT: The Hearings Officer concurs with the Applicant's Response
and Staff Comment.
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- - -Goal 6: Air, Water and Land Resources. To maintain and improve the quality of the air, - -
water and land resources of the state.
APPLICANT RESPONSE: Goal 6 is primarily concerned with the preservation of air, land and
water resources from pollution. 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.
HEARINGS OFFICER COMMENT: The Hearings Officer concurs with the Applicant's
Response.
Goal 7: Areas Subject to Natural Hazards
APPLICANT RESPONSE: The proposed amendments do not affect any areas subject to natural
hazards, so Goal 7 does not apply.
HEARINGS OFFICER COMMENT: The Hearings Officer concurs with the Applicant's
Response.
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.
APPLICANT RESPONSE: General Aviation operations (aviation activities conducted by
recreational and business aircraft users) makes up a significant portion of the aircraft operations
at the Redmond Municipal Airport. Commercial flights into Redmond provide many visitors the
first step on their way to enjoy Oregon's recreational activities. The proposed amendments do not
negatively affect any areas relative to the recreational needs of the community, thus the proposed
amendments are consistent with Goal 8.
HEARINGS OFFICER COMMENT: The Hearings Officer concurs with the Applicant's
Response.
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.
APPLICANT RESPONSE: The proposed amendments do not affect any economic activities as they
currently exist, so Goal 9 does not apply.
HEARINGS OFFICER COMMENT: The Hearings Officer concurs with the Applicant's
Response.
Goal 10: Housing. To provide for the housing needs of citizens of the state.
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- - APPLICANT RESPONSE: The -Redmond -Municipal -Airport -is subject to federalgrantrestrictions - -
which do not permit residential use at the airport. Goal 10 is therefore, not applicable to this
application.
HEARINGS OFFICER COMMENT: The Hearings Officer concurs with the Applicant's
Response.
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.
APPLICANT RESPONSE: The proposed amendments do not include any amendments that would
affect the Airport's water and sewer service. The proposed changes are therefore consistent with
Goal 11.
HEARINGS OFFICER COMMENT: The Hearings Officer concurs with the Applicant's
Response.
Goal 12: Transportation. To provide and encourage a safe, convenient and economic
transportation system.
APPLICANT RESPONSE: The Redmond Municipal Airport is part of the County's multi -modal
transportation system. The proposed amendments include minor text modifications and map
amendments to airport safety zones to reflect future facility improvements identified in the 2018
Airport Master Plan. The proposed changes are therefore consistent with Goal 12 to provide and
encourage a safe transportation system.
HEARINGS OFFICER COMMENT: The Hearings Officer concurs with the Applicant's
Response. Further, the Hearings Officer incorporates as additional findings for Goal 12 the
Preliminary Findings (related to Tye email transportation [road impacts]) and the findings for
OAR 660-012-0060.
Goal 13: Energy Conservation.
APPLICANT RESPONSE: The Redmond Municipal Airport has been established in its location for
decades and it would not be feasible to relocate the airport. Given that it cannot be relocated,
provisions that allow it to continue to function do not affect the energy needed to go to and from
the airport. The proposed amendments are consistent with Goal 13.
HEARINGS OFFICER COMMENT: The Hearings Officer concurs with the Applicant's
Response.
Goal 14: Urbanization.
Exhibit D - Ordinance 2024-002 - 247-23-000252-TA
247-23-000252-TA Page 24 of 27
APPLICANT RESPONSE: Goal 14 is not applicable because proposed changes to the airport
- safety overlay zones is outside of any urban growth -boundary. -The proposed amendments are - -
consistent with Goal 14.
HEARINGS OFFICER COMMENT: The Hearings Officer concurs with the Applicant's
Response.
Goals 15-19.
APPLICANT RESPONSE: The Redmond Municipal Airport is not in and does not affect any area
subject to Goals 15-19. The Airport is not within the Willamette River Greenway, is not adjacent to
a river, and is not located no the Oregon Coast. These goals are therefore not applicable to this
application.
HEARINGS OFFICER COMMENT: The Hearings Officer concurs with the Applicant's
Response.
PLANNING GOALS SUMMARY: The Hearings Officer notes that Staff generally accepted the
Applicant's responses and concluded that the application was in compliance with the applicable
Statewide Planning Goals has been effectively demonstrated. The Hearings Officer concurs with
Staff summary related to the satisfaction of this application of the Statewide Planning Goals.
IV. CONCLUSION & RECOMMENDATION
The Hearings Officer finds that the Applicant has met/satisfied all relevant criterion and
policies to justify the proposed Text Amendment.
VI. DECISION
Recommended Approval of:
Text Amendment as set forth in Attachment 1.
Deschutes County Hearings Officer
Gregory J. Frank
Date: December 13, 2023
Exhibit D - Ordinance 2024-002 - 247-23-000252-TA
247-23-000252-TA Page 25 of 27
ATTACHMENT 1 - PROPOSED TEXT AMENDMENTS
FILE NUMBER: 247-23-000252-TA
The proposed text amendments are also detailed in the referenced applicant's burden of proof
materials, included as an attachment. Below are the proposed changes with removed text shown
in strikethre „rh and newly -added text identified by underline.
Title 18, County Zoning_:
Chapter 18.80 Airport Safety Combining Zone; A-S
Section 18.80.030 Redmond Municipal Airport
The Redmond Municipal Airport is a Category 1, Commercial Service Airport. Its function is to
accommodate scheduled major/national or regional commuter commercial air carrier service.
The two existing , "other than utility" paved runways
are located at an airport elevation of 3,080.7' 3 077'. The proposed extension to runway 4-22 the
rima runway and the planned new parallel runway are both identified on the FAA -adopted
Airport Layout Plan. Therefore, these improvements are used in the layout of the Airport Safety
Combining Zone. The same safety zone dimensional standards used for R ��I y 4 22— the
primate runway will also apply to the planned parallel runway.
hpc;i- -rp h;;r, a total Af three potential runways with two possible apprope-hpr, R- AW _VY
4-222 and the planned rumvay will both have precision approaches. RURWaY4-0-
7 50n' Inns by 1 75n' W *d@ traP@Z0irJ kVhile the nnn_nreriSien R.RZ fnrmc a. 5nn' �.Vi.d@ hy
1 700' IG)Rg by 1,01 n' wide trapezoid.
C. Approach Surface - The current ILS precision approach surface to the primary runway
runway and the planned precision approaches to the Runway ^ nnrJ future parallel
runway 4-22, are 1,000' wide by 50,000' long by 16,000' wide, with an upward approach
slope ratio of 50:1 (one foot vertical for each 50 feet horizontal) for the first 10,000', then
a slope ratio of 40:1 for the remaining 40,000'. The non -precision approach surface is 500'
wide by 10,000' long by 3,500' wide, with an upward approach slope ratio of 34:1.
D. Horizontal Surface - The surface boundary is comprised of connected arcs drawn 10,000
feet outward and centered on the ends of the primary surface. The elevation of the
horizontal surface for the Redmond Airport is 3,2-2-7 230 feet (150' above airport
elevation).
Exhibit D - Ordinance 2024-002 - 247-23-000252-TA
247-23-000252-TA Page 26 of 27
E. Conical Surface - The surface extends outward and upward from the periphery of the
- horizontal surface at a slope of 20:1 for a horizontal distance of 4,000' up to an elevation
of 3,430.7'.
F. Runway Protection Zone (RPZ) - Two different RPZs apply to the Redmond Airport
because it has a total of three potential runways with two possible approaches. The
primary runway and the planned parallel runway will both have precision approaches.
The crosswind runway has a non -precision approach on each end. The precision RPZ
forms a 1,000' wide by 2,500' long by 1,750' wide trapezoid while the non -precision RPZ
forms a 1,000' wide by 1,700' long by 1,510' wide trapezoid. The RPZ begins 200' from the
surveyed runway end point.
Exhibit D - Ordinance 2024-002 - 247-23-000252-TA
247-23-000252-TA Page 27 of 27
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Exhibit D - Ordinance 2024-002 - 247-23-000252-TA
The Deschutes County Hearings Officer has recommended approval of the land use application(s)
described below:
FILE NUMBERS: 247-23-000252-TA
SUBJECT PROPERTY: The Airport
Safety Combining Zone and 55 DNS noise contour
boundaries
are associated
with the Redmond Municipal Airport
("Airport"), which
includes
the following addresses and tax lots:
• Tax Lot 1513220000100
o
1050 SE Sisters Ave
o
675 SE Salmon Ave
0
1050 SE Sisters Ave (A-B)
o
679 SE Salmon Ave
o
1120 SE Sisters Ave
o
681 SE Salmon Ave
0
1120 SE Sisters Ave (A-E)
o
683 SE Salmon Ave
o
1300 SE USFS Dr
o
685 SE Salmon Ave
o
1320 SE USES Dr
o
687 SE Salmon Ave
0
1350 SE USFS Dr
o
689 SE Salmon Ave
0
1410 SE USFS Dr (A-B)
o
691 SE Salmon Ave
0
1552 SE USFS Dr
o
693 SE Salmon Ave
0
1605 SE Ochoco Way
o
701 SE Salmon Ave
o
1694 SE USFS Dr
o
705 SE Salmon Ave
0
1900 SE Airport Way (A-1 to
o
743 SE Salmon Ave
A-3; B; C-1 to C-2; D; E; F-1
o
765 SE Salmon Ave
to F-14; G1 to G14; H to V)
o
875 SE Veteran's Way
o
2215 SE USFS Dr
o
880 SE Veteran's Way
o
2234 SE 6th St
o
888 SE Veteran's Way (A to G; H-1 to H-2; I-
o
2234 SE Salmon Ave
1 to 1-7; J-1 to J-2; K-1 to K-7)
o
2700 SE Airport Way
o
905 SE Salmon Ave
o
625 SE Salmon Ave
o
907 SE Salmon Ave
o
644 SE Salmon Ave
o
911 SE Salmon Ave
o
645 SE Salmon Ave
o
665 SE Salmon Ave
• Tax Lot1513000001500 0 Tax Lot1513000001503
o 1730 SE Ochoco Way o 3840 SW Airport Way
o 1740 SE Ochoco Way
o 1764 SE Ochoco Way • Tax Lot 1513280000101
o 2000 SE USFS DR (A to D) o 3000 SW Airport Way
11 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Exhibit D -Ordinance 2*f45dOlJ31-9&-C25--lbbO252OAdd@deschutes.org 31-9&.C25--lbb0252OAdd@deschutes.org ® www.deschutes.org/cd
APPLICANT: City of Redmond
411_ SW 9" St_
Redmond, OR 97756
Redmond Municipal Airport
2522 Jesse Butler Cir
Redmond, OR 97756
REQUEST: The City of Redmond ("Applicant") applied for a Text Amendment to the
Airport Safety ("AS") Combining Zone (DCC 18.80.030) to update the
Runway and Approach information and a corresponding update
amending the AS map to reflect the new zoning boundaries for
imaginary surfaces and the new 55 DNL ("Average Day -Night Sound
Level") noise contour boundaries.
STAFF CONTACT: Tarik Rawlings, Senior Transportation Planner
Phone: 541-317-3148
Email: tarik.rawlings@deschutes.org
RECORD: Record items can be viewed and downloaded from:
https://www.deschutescounty.gov/cd/page/247-23-000252-ta-
red mond-a i rport-master-pla n-ra m p-text-ame nd m ent
I. APPLICABLE CRITERIA
Deschutes County Code
Title 18, Deschutes County Zoning Ordinance:
Chapter 18.04, Title, Purpose and Definitions
Chapter 18.80, Airport Safety Combining Zone (AS)
Chapter 18.136, Amendments
Title 22, Deschutes County Development Procedures Ordinance
Chapter 22.12, Legislative Procedures
Title 23, Deschutes County Comprehensive Plan
Chapter 3, (Rural Growth Management), Section 3.4, Rural Economy
Oregon Revised Statutes
ORS 836.610
ORS 836.616
Oregon Administrative Rules
OAR Chapter 660, Division 15, Statewide Planning Goals 1-14
OAR Chapter 660, Division 12, Transportation
OAR Chapter 660, Division 13, Airport Planning
247-23-000252-TA Page 2 of 3
Exhibit D - Ordinance 2024-002 - 247-23-000252-TA
DECISION: The Hearings Officer finds that the application meets applicable criteria and
recommends approval of the application.
As a procedural note, the hearing on November 7, 2023, was the first of two required public hearings per
DCC 22.28.030(c). The second public hearing will be held before the Board of County Commissioners at a
future date to be determined.
This decision becomes final twelve (12) days after the date mailed, unless appealed by a party
of interest. To appeal, it is necessary to submit a Notice of Appeal, the base appeal deposit plus
20% of the original application fee(s), and a statement raising any issue relied upon for appeal with
sufficient specificity to afford the Board of County Commissioners an adequate opportunity to
respond to and resolve each issue.
Copies of the decision, application, all documents and evidence submitted by or on behalf of the
applicant and applicable criteria are available for inspection at no cost. Copies can be purchased
for 25 cents per page.
NOTICE TO MORTGAGEE, LIEN HOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF
YOU RECEIVE THIS NOTICE, IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER.
247-23-000252-TA
Page 3 of 3
Exhibit D - Ordinance 2024-002 - 247-23-000252-TA
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