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HomeMy WebLinkAboutBend Airport Noise Application DocsDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.og AGENDA REQUEST & STAFF REPORT For Board Business Meeting of February 27, 2008 DATE: January 31, 2008 TO: Deschutes County Board of Commissioners FROM: Kristen Maze, Community Development Department TITLE OF AGENDA ITEM: A public hearing for consideration and signature of Document No. 2008-053, a Noise Permit for extra hours for construction at the Bend Municipal Airport. PUBLIC HEARING ON THIS DATE? YES. BACKGROUND AND POLICY IMPLICATIONS: The Board of County Commissioners will conduct a public hearing to consider a proposal by Knife River on behalf of the Bend Municipal Airport for a Noise Permit. This application is not a land use application; therefore, it is not subject to Title 18, Airport Development Zone regulations. The permit is required by the Deschutes County Chapter 8.08, Noise Control, to operate construction equipment to remove the old runway between the hours of 10:00 p.m. and 7:00 ,a.m. The initial runway replacement project was completed in October of 2007. This permit will allow Knife River to complete the projeci that includes removing the old runway and installing new connector taxiways to the new runway. The issuance of this permit will allow the Bend Airport to complete the final phase of the runway project without interruption. FISCAL IMPLICATIONS: NONE. RECOMMENDATION & ACTION REQUESTED: Staff recommends the Board listen to public testimony, consider and sign the noise permit with conditions required to finish construction of the Bend Municipal Airport runway between the hours of 10:00 p.m. and 7:00 a.m. ATTENDANCE: Kristen Maze, CDD DISTRIBUTION OF DOCUMENTS: Kristen Maze 383-6701 Casey Huettl Knife River P.O. Box 83 Bend OR. 97709 City of Bend Municipal Airport Attention Sue Palmeri P.O. Box 431, Bend OR 97709 Community Development Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 977)1-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ STAFF REPORT TO: Deschutes County Board of County Commissioners FROM: Kristen Maze, Associate Planner DATE: February 27, 2008 SUBJECT: Public Hearing for a Noise Permit, SOP -08-1 Purpose The Deschutes County Board of County Commissioners ("Board") will hold a public hearing to consider a proposal by the Bend Municipal Airport for a Noise Permit. The applicant, Knife River is requesting a permit for the completion of the runway replacement project, to remove the old runway and add the new connector taxiways. The permit is required by the Deschutes County Code Chapter (DCC) 8.08 Noise Control, for noise related to pneumatic hammering, earthmoving equipment or related machinery that creates disruptive sound between the hours of 10:00 p.m. and 7:00 a.m. Background and Proposal The applicant, Knife River, for the City of Bend Municipal Airport, is in the process of replacing the existing airport runway. On July 2, 2007, the Board issued a noise permit for the airport allowing construction to take place at any time any day but limited blasting, drilling and rock crushing to the hours of 8:00 am to 5:00 pm, and pneumatic hammering and excavating to the hours of 8:00 a.m. to 5:00 p.m. "outside of the runway area." This permit was then revised to allow pneumatic hammering and excavating to occur between the hours of 10:00 p.m. and 7: )0 a.m. for a 4 week period so that the applicant could complete the construction of the new runway on time and within the contracted period. The noise permit expired October 25, 2007 Knife River on behalf of the City is requesting a new noise permit. The applicant is requesting that this noise permit begin April 1, 2008 and end October 30, 2008. According to Knife River and the City of Bend Airport this time frame is excessive and the construction will not occur t ie full 6 months; however the applicant would like the ability to start with out delay, as soon as funding is available. Currently Knife River and the City of Bend do not have a firm start date because they are waiting for Federal Aviation Association (FAA) funding. They expect to begin work in April or early May once the FAA funding is in place and the noise permit is issued. Quality Services Performed with Pride The applicant will commence work that will last for no more than 150 days. The applicant is proposing to work day and night, 24 hours a day 7 days a week. Knife River has identified an area on the eastern edge of the existing runway that will require the largest removal of material for the next phase of work. Solid rock was encountered in about 30 percent of the test holes drilled by Knife River on November 30, 2007. The north end of the runway will require the most blasting and rock hammering due to the solid rock. It is not certain the number of days that will require blasting and rock hammering however, based on the task schedule provided by Knife River it is estimated that blasting and/or drilling will take place for approximately 3 weeks during this process. Rock hammering is difficult to estimate because of the possibility of encountering rock on any given night. Considerations Per DCC 8.08.080 (B) in granting the proposed noise permit the Board shall consider the following: 1. the location of the construction 2. the potential nature of the sound from the activity, 3. the potential nature of the sound from the vehicular traffic to and from the project site and the relative loss or inconvenience that would result to the persons affected. 4. The location of the construction and the nature of the sound are discussed above. The potential sound from vehicular traffic to and from the project is considered negligible because the project is located off the Powell Butte Highway with existing traffic to and from the Bend Airport. The "relative Toss and inconvenience" would occur if the construction project required that the Airport to shut down during the day for several months or days. In this case the relative Toss would be to the eighteen businesses and numerous employees at the Bend Airport. Also, there is the neighborhood inconvenience of the night time construction noise; including the OSHA backup horns on construction equipment and the pneumatic hammering and excavating that has and will occur. Findings The Board shall make the following findings per DCC 8.08.080 prior to issuing the noise permit; 1. that peace, quiet, comfort or repose of other persons will not be disturbed, or can be mitigated to an acceptable degree, or 2. a public necessity exists. According to the City of Bend there have been no recent complaints from the neighbors following the July 30, 2007 Board's interpretation of the noise permit which allowed the construction to occur inside the runway safety area from the hours of 7 a.m. to 10:00 p.m. A public necessity exists to maintain the integrating of the City of Bend Municipal Airport runway and the businesses that rely on the airport to function normally during daytime hours. Attachments: 1. Application Form and Letter 2. Proposed Noise Permit Document No.2008-053 REVIEWED LEGAL COUNSEL For Recording Stamp Only NOISE PERMIT DESCHUTES COUNTY COMMUNITY DEVELOPMENT DEPARTMENT BEND (541) 388-6575 LOCATION: 63136 POWELL BUTTE HIGHWAY OWNER: CITY OF BEND MUNICIPAL AIRPORT TYPE, DATES & TIME OF EVENT: REMOVAL OF THE OLD RUNWAY FROM APRIL 1= 2008 UNTIL OCTOBER 30, 2008. OPERATOR: CITY OF BEND MUNICIPAL AIRPORT PHONE 541 389-0258 1. PERMIT BECOMES NULL AND VOID IF PROJECT HAS NOT STARTED ON OR WITHIN 30 DAYS OF THE APPROVED DATE. 2. THE APPROVED PERMIT SHALL BE RETAINED ON-SITE UNTIL THE PROJECT IS COMPLETE. 3. BY ACCEPTANCE OF THIS PERMIT, OWNER OPERATOR CONSENT TO ALLOW LAW ENFORCEMENT TO COME ON THE PREMISES FOR WHICH THE PERMIT HAD BEEN GRANTED FOR THE PURPOSE OF INSPECTION AND ENFORCEMENT OF THE TERMS AND CONDITIONS OF THE PERMIT AND DCC 8.16, AND ANY OTHER APPLICABLE LAWS OR ORDINANCES. FILE NUMBER (SOP -08-1) FINDINGS for Bend Airport Noise Permit The Board of County Commissioners ("Board") finds that a public necessity exists for granting this permit for construction hours between 10:00 p.m. and 7:00 a.m. The Board bases this finding on .... CONDITIONS OF APPROVAL 1. All construction activities including pneumatic hammering, blasting, drilling, rock crushing and excavating related to the existing and new runways may occur all hours every day of the week. 2. Airport Management shall continue to meet with the Airport neighbors to discuss issues of the runway construction noise and try to mitigate if possible, as well as inform the neighbors of any changes to the construction schedule. 1 City of Bend Municipal Airport SOP Permit 08-1 (February 27, 2008), Document No.2008-0f 3 3. These conditions refer only to the removal of the old runway construction the addition of the new connector taxiways and the completion of the final phase of the runway construction. 4. This permit expires October 30, 2008. DATED this _ day of BOARD OF COUNTY COMMISSIONERS 2008. OF DESCHUTES COUNTY, OREGON DENNIS R. LUKE, Chair ATTEST: TAMMY MELTON, Vice Chair Recording Secretary MICHAEL M. DALY, Commissioner 2 City of Bend Municipal Airport SOP Permit 08-1 (February 27, 2008), Document No.2008-0 53 Community Development Department Planning Division 117 NW Lafayette Avenue, Bend, OR 97701-1925 (541) 388-6575 - Fax (541) 385-1764 http://www.deschutes.org/cdd NOISE PERMIT APPLICATION INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED 1. Complete the application form and provide appropriate original signatures. 2. Include a copy of the current deed showing the property owners. 3. Attach correct fee. 4. Include a plot plan that shows all property lines and existing and proposed structures, parking, landscaping, lighting, etc. 5. If this application includes oversized plans a single, reduced -size plan no larger than 11" x 17" with graphic scale shall also be included. 6. All applicable standards and criteria must be addressed in writing prior to acceptance of the application. Detailed descriptions, maps and other relevant information must be attached to the application. FEE: X90 Applicant's Name (print): #41P2-9- E.44.Ji/ I/y Ji Phone: WI/ ) 363-0%5" Mailing Address: RC) _ 86,..v-83 l City/State/Zip: 36v4 62 97709 Applicant's Email Address: l ,,geey. fiutfike) 4I,TE-RWere C»» . Property Owner's Name (if different)*: C,'7Iv 3r 8&JO Phone: (64i) 389-0258 Mailing Address: (:) SOX -13/ City/State/Zip:.6E,r6 OR 97?o? 1. Property Description: Township »7 Range 13 Section 1? Tax Lot a2vd 2. Property Zone(s):AS/Ab,.E"FUA/ 3. Lot of Record? (State reason): Property Size (acres or sq. ft.): 1qc,eE3- 4. Property Address: 6'3J&' � GJel/ &j74 /4/4y, e ,p 5. Present Use of Property: /270N,'C,'pk 4;2/06A71. 6. Existing Structures: MI 7. Request:411st- p€(zl;T Is1-6.e % AJdex �/u.3n /0'D0 pm - 7 40 Aril 2 4j 4We-k: 8. Property will be served by: Sewer j(/F,,s I 9. Domestic Water Source: l/ Onsite Disposal System Applicant's Signature: 1 //P& Date: ‘..127.4), 1008 Property Owner's Signature (if different)*: Date: Agent's Name (if applicable): Phone: ( ) Mailing Address: City/State/Zip: Agent's Email address: *If this application is not signed by the property owner, a letter authorizing signature by( applicant must be attached. 6c- 1/07 KN FE AN MDU RESOURCES1 COMPANY RIVER P.O. Box 83 Central Oregon Division Bend, OR 97709 CCB #62998 (541) 388-0445 (541) 388-8932 FAX January 2nd, 2008 Deschutes County Community Development Department 117 NW Lafayette Avenue Bend, Oregon 97709 Dear County Commissioners, Knife River and the City of Bend are requesting a noise permit be issued for the 2008 construction season in order to complete the City of Bend Municipal Airport Runway project. As you already know a noise permit was issued in 2007. That permit expired on October 25, 2007. This new permit will allow for the removal of the old runway and completion of the new connector taxiways and associated work to complete the New Runway Proj ect. Currently Knife River and The City of Bend does not have a firm start date due to FAA funding. We anticipate a late April or early May start. Once the Notice to Proceed is given work will commence and last for no more than one hundred and fifty (150) calendar days. On November 30, 2007 Knife River drilled over 40 test holes on the eastern edge of the existing runway. This is the location of the largest removal of material for this next phase of work. Solid rock was encountered in about 30% of these test holes, with the greatest amount on the north end. Blasting and rock hammering will need to occur in these locations. Knife River and the City of Bend have put together an aggressive schedule to complete this job in a very efficient and timely matter. We ask that you grant this noise permit from the hours of 10:00 p.m. until 7:00 a.m. every day of the week. For no more that 150 calendar days once construction starts. Please feel free to contact me with any questions you have. (541) 693-5955 Thank you, Casey Huettl Project Manager Knife River- Central Oregon Division vv Fc. N °-m z o0 -130 (1) m 0 0 z 0 4 -0 —I o N N •Z N w 1•I Cn -� 0 0 to- CTa cc a v v 4 o m fQ co O z _ O fuewwns peroid Nsel do poIlo8 sNsel leuJ9 X V 0) cm A w N — 0 10 03 V 01 01 A Gt N v 0i c. N 0. N 0I 0. N 0 0. - N Q. 0 0) 0. N w cn 0. 1< N N O a N 0I 0. 0) N 01• 0. %G N 0) O 0. N O 0. N 0I O. toN 0. N O 0. N i O 0. 1< O. 0 0) 01 0. 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