HomeMy WebLinkAboutAirport Support District Proposal'C ES
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Deschutes County Board of Commissioner~
1300 NW Wall St., Suite 200, Bend, OR 97701 -1960
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of August 3, 2009
Please see directions for completing this document on the next page.
DATE: July 28, 2009
FROM: Anthony Raguine Community Development Department
617 -4739
TITLE OF AGENDA ITEM:
Public hearing to consider a proposal to change the Comprehensive Plan Map designation of the sul ject
property from Agriculture to Airport Development, and rezone the property from Exclusive Farm L se
to Airport Development, Airport Support District.
PUBLIC HEARING ON THIS DATE? Yes
BACKGROUND AND POLICY IMPLICATIONS:
Gibson Airpark, LLC (applicant) has applied for a Plan Amendment and Zone Change (PA -08 -3, ZC-
08-3) for a property located at 22525 Nelson Road, and identified on County Assessor map 17- 13 -2.9,
as tax lots 400 and 403. The proposal would change the Comprehensive Plan Map designation of tl Le
subject property from Agriculture to Airport Development, and rezone the property from Exclusive
Farm Use to Airport Development, Airport Support District.
A public hearing was held before a Deschutes County Hearings Officer on December 16, 2008. Based
on the information in the record, the Hearings Officer denied the application in a decision dated January
22, 2009. The basis of the Hearings Officer decision was twofold: 1) The proposal is not consistent
with Statewide Planning Goal 2, and 2) There has not been a change in circumstances that warrants re-
designating the site for airport- related uses.
Goal 2 requires that all decisions and actions related to use of land have an adequate factual base. In
this case, the Hearings Officer determined that a significant component of the required factual base is
consistency with the adopted Bend Municipal Airport Master Plan (1994, amended 2002). In the
burden of proof, the applicant argued that the proposed amendments were necessary to accommodate a
growing demand for additional land at the Bend Airport to support future uses. The Hearings Officer
disagreed and found that the Airport Master Plan indicates that there is sufficient land available
throughout the 2002 -2021 planning period.
Deschutes County Code (DCC) 18.136.020 details four (4) factors that must be considered when
reviewing a proposed zone change. The factor under subsection 'D' states, "That there has been a
change in circumstances since the property was last zoned, or a mistake was made in the zoning of r'he
property in question." For this criterion, the applicant argued that there are two pieces of evidence to
support its contention that there has been a change in circumstances that warrants a re- designation.
First, the applicant states that the purchase by the City of Bend of a portion of tax lot 400 essentially
bisects that tax lot and makes the application of irrigation water impractical. Secondly, the applicant
argues that the Bend Airport has changed since it was originally zoned, resulting in a need for
additional land zoned for airport use. The Hearings Officer disagreed and found that there is
insufficient evidence to support a finding that there has been a change in circumstances since the
property was last zoned that warrants a rezone.
Following the public hearing before the Hearings Officer, a public hearing was held before the Board of
County Commissioners ( "Board ") on February 28, 2009. At that hearing, the Board indicated that ail
update to the Bend Municipal Airport Master Plan was necessary before the Board would consider a
Plan Amendment and Zone Change. In response, the applicant requested a continuance of the public
hearing to August 3, 2009.
On July 27, 2009, the applicant submitted a letter into the record requesting a second continuance of the
public hearing to the summer of 2010 to allow time for the City of Bend to complete the Airport Master
Plan update.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Staff believes the Board should continue the hearing to a date certain in the summer of 2010.
ATTENDANCE: Anthony Raguine
DISTRIBUTION OF DOCUMENTS:
Anthony Raguine
Patrick Gisler
Gibson Airpark, LLC
1345 NW Wall Street, Suite 100
Bend, OR 97701
William Van Vactor & Jeffrey Wilson
Miller Nash LLP
446 NW Third Street, Suite 230
Prineville, OR 97754
Gary Judd
Bend Airport Manager
PO Box 431
Bend, OR 97709
MILLERNASH-
ATTORNEYS AT LAW
WM A. Van Vactor
will.vamactor@millemosh,com
(541) 447.5777 direct tine
PORTLA N P,aku'.ar:
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VANCQUVER, wpsr•1.,C'ON
CENT RAI, OREGON
WWW.MILLERNASM,COM
July 27, 2009
VI E -MAIL and
REGULAR MAIL
Anthony Raguine, Senior Planner
Deschutes County Planning Division
117 N W Lafayette Ave
Bend OR 97701 -1925
446 N,W. Third Street
Prinevile, Oregon 977541757
OFFIC[ 541.447.5777
FAx 541,447.5755
Subject: Gibson Airpark Zone Change; File Nos. PA- o8- 3 /ZC -o8 -3
Dear Anthony:
This letter will confirm our conversation from earlier last week. Upon
your instructions, I am writing this Ietter to request a continuance. As you noted, a
consultant has been retained to prepare a new airport master plan. This is consistent
with what the Deschutes County Board of Commissioners thought would be necessary in
order to move forward with the applicant's request for a zone change on its property to
the south of the Bend Municipal Airport. However, as can be expected with these
matters, the preparation of a new master plan will take some time.
As we discussed, we thought it might be necessary to continue the
upcoming public hearing for nine months to a year. My client concurs that the matter
should be continued until the summer of 2010. Please treat this letter as my client's
formal request for a continuance on the above referenced file numbers,
Thank you for taking the time to discuss this matter with me earlier this
week. Please let me know if you have any questions or concerns.
cc: Patrick Gisler
CORDOCS;80010331.1
regards, V\i01/VO
Will A. Van Vector