HomeMy WebLinkAboutOrdinance 025 - Airport Urban Renewal Plan (4)Deschutes County Board of Commissioners
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 27, 2008
DATE: July 30, 2008
FROM: Dave Kanner
Administration 388-6565
TITLE OF AGENDA ITEM:
(The Board of Commissioners, acting as the Urban Renewal Agency of Deschutes County:) Public
Hearing and First Reading of Ordinance No. 2008-025, An Ordinance Making Certain Determinations
and Findings Relating to and Approving the Bend Municipal Airport Urban Renewal Plan
PUBLIC HEARING ON THIS DATE? Yes.
BACKGROUND AND POLICY IMPLICATIONS:
The County, in December 2007, received a request from the City of Bend for the County to create an
urban renewal district that encompassed the Bend Airport, which, though it is owned by the city, is
entirely in the County's jurisdiction. In order to create an urban renewal district, the County must first
establish and activate an urban renewal agency, as provided for in ORS 457. The County established an
urban renewal agency via Ordinance 2008-016, which became effective on July 23, 2008. The Board
of the Urban Renewal Agency consists of the three Deschutes County Commissioners.
Improvements within an urban renewal area must be undertaken pursuant to an adopted plan, such
as the one before the Agency Board in Ordinance No. 2008-025. This Plan establishes a
redevelopment program for the Bend Municipal Airport Urban Renewal Area and provides a means
of financing public improvements, acquiring land and developing public facilities. The Plan calls
for the use of tax increment financing, which means that the property taxes resulting from growth in
taxable property value within the urban renewal area are received by the County's Urban Renewal
Agency instead of those taxes going to the County's general fund and to other taxing districts.
These annual tax increment revenues are used to pay off debt (short- and long-term) that is issued to
finance urban renewal projects specified in the Plan.
Projects and programs under the Plan are anticipated to last approximately 25 years. The maximum
amount of indebtedness (amount of tax increment financing for projects and programs) that may be
issued for the Plan is $9,700,000.
Projects envisioned by the Plan include:
• Runway and taxiway extensions and widening
• Traffic control tower construction
• Fencing improvements
• Construction of an emergency services facility
• Various road improvements on Powell Butte Highway
All of these projects are intended to support the expansion of businesses at the Bend Municipal
Airport and to in turn retain and create new jobs there.
The materials provided with the Plan include the Urban Renewal Report ("Report") required by
ORS 457.085(3). The report provides background information on current land uses and facility
conditions, provides background information on proposed improvement projects (including cost
estimates), shows an estimated debt service schedule, and provides information (pp. 28 & 29) on
projected revenue impacts on local taxing districts.
FISCAL IMPLICATIONS:
There is virtually no impact of this financing on taxpayers, but taxing districts forego revenue that
would have received from taxes on growth within the urban renewal area during the period urban
renewal debt is outstanding. The City has consulted with affected taxing districts, both formally and
informally and will continue to do so as it considers adoption of the Plan.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends first reading by title only of Ordinance No. 2008-025 and scheduling second reading
for September 10, 2008
ATTENDANCE: Dave Kanner and John Russell, economic development director, City of Bend.
DISTRIBUTION OF DOCUMENTS:
Board office
John Russell, City of Bend
P.O. Box 431
Bend, OR 97709
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Making Certain Determinations and
Findings Relating to and Approving the Bend
Municipal Airport Urban Renewal Plan
ORDINANCE NO. 2008-025
WHEREAS, the Board of Commissioners of Deschutes County ("Board") has declared
that blighted areas exist in Deschutes County and has elected to have the powers of an urban
renewal agency exercised by the Board of County Commissioners itself; and
WHEREAS, Board has declared that the name of the urban renewal agency shall be the
Urban Renewal Agency of Deschutes County ("Agency"); and
WHEREAS, the Agency is proposing to undertake certain urban renewal activities in a
designated area within Deschutes County pursuant to ORS Chapter 457; and
WHEREAS, the Agency, pursuant to the requirements of ORS 457.085(1) and (2) , has
caused the preparation of the Bend Municipal Airport Urban Renewal Plan ("Plan") dated June
2008 which is attached to this Ordinance as Exhibit A, and incorporated herein by this reference.
The Plan authorizes urban renewal activities within the Bend Municipal Airport Urban Renewal
Area (the "Area"); and
WHEREAS, the Agency has caused the preparation of a report accompanying the Plan as
required by ORS 457.085(3) ("Report"), which Report is dated June 2008 and is attached to this
Ordinance as Exhibit B and incorporated herein by this reference; and
WHEREAS, the Plan and the Report, and the Planning Commission Staff Report, which
Staff Report is dated June 2, 2008 and is attached to this Ordinance as Exhibit C and
incorporated herein by this reference, were forwarded to the Deschutes County Planning
Commission on June 11, 2008 for its recommendation, and the Planning Commission considered
the Plan, Report and Staff Report and acted to recommend that the Plan be approved by the
Board; and
WHEREAS, the Plan and the Report were forwarded on June 26, 2008, to the governing
body of each taxing district affected by the Plan, and the Agency has thereafter consulted and
conferred with said districts; and
WHEREAS, the Board has received one written recommendation from the governing
bodies of the affected taxing districts, and has considered and accepted that recommendation; and
WHEREAS, on July 18, 2008, the Board caused notice of the hearing to be held before
the Board on the Plan, including the required statements of ORS 457.120(3), to be mailed to
property owners within the Bend -La Pine School District and published according to ORS
457.120(4), and
WHEREAS, on August 6, 2008 the Board held a public hearing to review and consider
the Plan, the Report, the recommendation of the Planning Commission, and the public testimony
received on that date, and does by this Ordinance desire to approve the Plan;
NOW THEREFORE, THE BOARD OF COMMISSIONERS, ACTING AS THE
URBAN RENEWAL AGENCY OF DESCHLTTES COUNTY, HEREBY ORDAINS:
Section 1. The Board hereby determines and finds that the Plan complies with all requirements
of ORS Chapter 457 and the specific criteria of ORS 457.095(1) through (7), in that, based on the
information provided in the Report, information provided in the Planning Commission Staff
Report, the recommendation of the Planning Commission, and the public testimony before the
Board:
1. The area designated in the Plan as the Area is blighted, as defined by ORS
457.010(1) and is eligible for inclusion within the Plan because of conditions
described in Section II of the Report, including the underdevelopment of property
within the Area, inadequate airport facilities, the lack of adequate streets and other
rights of way serving property in the Area, and the insufficiency of utilities,
including sewer and water;
2. The rehabilitation and redevelopment described in the Plan to be undertaken by
the Agency is necessary to protect the public health, safety and welfare of
Deschutes County because absent the completion of the urban renewal projects,
the Area will fail to contribute its fair share of property tax revenues to support
public services and will fail to develop and/or redevelop according the goals of the
County's Comprehensive Plan;
3. The Plan conforms to the Comprehensive Plan of Deschutes County as a whole,
and provides an outline for accomplishing the projects described in the Plan, as
more fully described in Chapters III and V of the Plan;
4. In connection with any residential displacement occurring as a result of the
acquisition and disposition of land and redevelopment activities proposed in the
Plan, provision has been made for displaced persons in Section X of the Report as
required under applicable state and federal law;
5. The acquisition of real property provided for in the Plan is necessary for the
development of public facilities, public improvements and as a noise buffer area
around the Bend Municipal Airport as described in Chapters IV and VI of the
Plan;
6. Adoption and carrying out the Plan is economically sound and feasible in that
funds are available to complete the Plan projects using urban renewal tax
increment revenues derived from a division of taxes pursuant to section lc,
Article IX of the Oregon Constitution and ORS 457.440, and other available
funding as shown in Sections V, VII and VIII of the Report; and
7. The County shall assume and complete any activities prescribed it by the Plan.
Section 2. The Board expressly accepts the written recommendations of the Deschutes County
Rural Fire District #2 as follows: The Deschutes County Rural Fire District #2 has
recommended that the Plan not include a fire station within the Area as there are currently not
adequate personnel to staff the facility, and the Board has changed the fire station project to an
"Emergency Services Facility." As so described the project does not require Fire District
staffing. The Fire District also recommended reconsideration of assistance to the Fire District if
changes in state law allow greater latitude under the Plan. The Board agrees to reconsider
assistance as recommended.
Section 3. In accordance with the findings set forth above, the public testimony and the information
presented to the Board, the Board hereby approves the Bend Municipal Airport Urban Renewal Plan.
Section 4. The County Clerk shall forward a copy of this Ordinance to the Agency. The Agency
shall deliver a copy of the Plan to Deschutes County to be recorded in the Records of Deschutes
County, Oregon.
Section 5. In accordance with ORS 457.095 and 457.115, notice of the adoption of this
Ordinance approving the Plan, and the provisions in ORS 457.135, shall be published in the
Bend Bulletin no later than four days following adoption of this Ordinance.
Dated this of , 2008 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
DENNIS R. LUKE, Chair
TAMMY (BANEY) MELTON, Vice Chair
Recording Secretary MICHAEL M. DALY, Commissioner
Date of 1st Reading: day of , 2008.
Date of 2nd Reading: day of , 2008.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke
Tammy (Baney) Melton
Michael M. Daly
Effective date: day of , 2008.
ATTEST:
Recording Secretary
TES
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TO:
FROM:
DATE:
Community Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/c:dd/
STAFF REPORT
Deschutes County Planning Commission
Catherine Morrow, Planning Director through John Russell,
Economic Development Director, City of Bend
June Z 2008
HEARING/
WORK SESSION: June 12, 2008
SUBJECT: Bend Municipal Airport Urban Renewal Plan
PURPOSE
This is an urban renewal plan proposed by Deschutes County with the support of
the City of Bend to provide a funding mechanism for infrastructure and safety
improvements at the Bend Municipal Airport. The Bend Municipal Airport has
recently attracted a substantial amount of private investment and, with improved
infrastructure, could continue to accommodate aviation related businesses. This
development would provide jobs and increased property tax revenues for the
County and other taxing districts. The Planning Commission is being asked to
make a recommendation to the Deschutes County Board of Commissioners
regarding adoption of the Urban Renewal Plan (Plan).
BACKGROUND
In the spring of 2008, the City of Bend approached the Deschutes County
Commission with a proposal to consider an urban renewal plan for the Bend
Municipal Airport to help address facility and infrastructure needs. In April of
2008, as a step to allow the County to consider this issue, the Deschutes County
Commission activated an urban renewal agency and designated the County
Commission to act as the Urban Renewal Agency board. The Agency will
become effective on July 23, 2008 and on that date the City of Bend will present
this urban renewal plan to the County Commission for their review.
Quality Services Performed with Pride
Staff Report
PUBLIC NOTICE
ORS 457.095 requires a Planning Commission recommendation on an urban
renewal district. It also requires a public hearing before the Board of County
Commissioners, which will be noticed as required.
PROPOSAL
The proposed Bend Municipal Airport Urban Renewal Plan (Plan) would
encompass approximately 526 acres including 22.63 acres of right of way. The
Proposed Boundary Area (Area) includes all the land currently zoned for airport
uses (approximately 415 acres) and, in addition, adjoining parcels which are
either entirely or partially designated as being inside the "65 dBA DNL noise
contours" which means that they are significantly affected by the noise of airport
operations to the extent their use for non -airport purposes is constrained. The
additional properties are zoned Exclusive Farm Use (EFU). These additional
EFU-zoned parcels are owned by the City of Bend, Deschutes County and one
private individual. (See accompanying Bend Municipal Airport Urban Renewal
Area Report for maps and ownership information)
The overall purpose of the Plan is to use funds generated by tax increment
financing ("tax increment funds") to overcome the identified obstacles that
prevent proper development of the Area and to improve inadequate airport
facilities and undersupply of serviced sites for aviation -related development.
Tax increment financing generally means that the property taxes resulting from
growth in property value within the Area can be used to finance improvement
projects and programs.
The main goal of the Plan is "Economy" and is to support business development
and promote job creation for the citizens of Deschutes County. The other goals
of the plan, "Traffic and Transportation, Land Use, Public Utilities, and Public
Involvement" all support the effort of providing additional infrastructure and
safety improvements in the Area to facilitate business development and job
growth.
The projects to be administered under the Plan include seven main categories:
• Taxiway and Runway Improvements
• Aviation Safety Improvements
Development
• Property Acquisition
• Planning
• Public Safety Improvements
Page 2
Staff Report
Airport Area Infrastructure Improvements
The financing proposed in the Plan is a maximum indebtedness of the Area of
Eight Million ($8,000,000) Dollars. These funds would be generated through
growth in the Area over the next twenty five years. During this time, the other
taxing districts would forego the growth of the property taxes in the Area,
dedicating that increase in taxes to the improvement of the Area. Once the Plan
terminates, the full increase in property tax revenues would then be allocated to
the other taxing districts.
The Plan would be administered by the Deschutes County Urban Renewal
Agency ("Agency"). An advisory committee will be appointed to recommend
actions to the Agency for implementation of the Plan. The advisory committee is
anticipated to include representatives of the City of Bend. Major changes to the
Plan, if necessary, must be approved by the County Commission as detailed in
Section IX Future Amendments to the Plan.
REVIEW CRITERIA
There are no explicit review criteria for a Planning Commission for review of an
urban renewal plan. The Oregon. Revised Statute (ORS) ORS 457.085(4) states
that "An urban renewal plan and accompanying report shall be forwarded to the
planning commission of the municipality for recommendations, prior to presenting
the plan to the goveming body of the municipality for approval under ORS
457.095". The general accepted practice is for the Planning Commission to
provide input on the relationship of the Plan to the local Goals and Objectives,
(Section V of the Plan), and particularly to the conformance to the County
Comprehensive Plan.
ANALYSIS
The Plan would provide for a maximum indebtedness of $8,000,000 and last for
approximately twenty five years. The Plan would use the increase in property tax
revenues in the Area to fund projects identified in the Plan. The conformance
with the local objectives is in the Findings section of this document, Attachment
1. In summary, the Plan is in conformance with the local planning documents'
goals and objectives in the following ways:
A. Deschutes County Comprehensive Plan
Economy:
1.. The Plan provides improvements which will enhance the Area's services
thereby increasing employment opportunities within the Area. These
Page 3
Staff Report
improvements will enhance and maintain the existing aviation uses in the local
economy.
2. The Plan would support the current aviation uses, many of which are tourist
related, and provide opportunities for those to expand.
Transportation:
3. The Plan authorizes expenditures to upgrade the existing road system
surrounding the Airport. An Immediate Opportunity Fund (IOF) application has
been made for the northbound left tum lane on Powell Butte Highway to Butler
Market Road. The Pian would supplement this funding.
4. The Plan would support the current aviation uses and provide opportunities for
those to expand.
Transportation Systems Plan:
A. Arterial and Collector Roads
5. The Plan authorizes expenditures to upgrade the existing road system
surrounding the Airport. An Immediate Opportunity Fund (IOF) application has
been made for the left tum lane on Powell Butte Highway to Butler Market
Road. The Plan would supplement this funding.
B. Airports
6. The Plan relates to this goal by providing infrastructure and safety
improvements at the Airport specified in Section IV of the Plan.
7. The Plan relates to the Transportation Systems Plan's goals and policies for
the Bend Municipal Airport. It implements the existing Airport Master Plan and
provides for updating the Master Plan. It provides strategies for protecting the
airport and surrounding uses in the critical noise contours. It proposes
development within the confines on the existing zoning for the area.
Public Facilities and Services:
8. The Plan relates to the goal to provide public services by including funding for
the future development of a fire sub -station to serve both the Airport and
surrounding areas. Financing for Fire station services from the Plan can
include only capital expenditures.
Recreation:
9. The Plan relates to the recreation goal by supporting the aviation uses at the
Airport, recognizing that many of those uses are for recreation purposes. The
Page 4
Staff Report
Plan would support the current aviation uses and provide opportunities for
those to expand.
Agricultural Lands:
10. The Pian includes some EFU zoned property on which a portion of the property
is in the 65dBA DNL noise contour. The property is included in the Area to
allow the future acquisition of theproperty to both protect the airport and to
minimize impact on adjacent uses which is an airport -related use. The 2002
Supplement to the Master Plan contemplates acquisition of this property by
the City. Until that acquisition, no projects would occur on these parcels which
would interrupt their present use as EFU zoned properties.
Citizen Involvement:
11. The Plan relates to the citizen involvement goal. There will be public input on
the Plan through public meetings in the adoption process.
The Plan is in conformance with the Bend Municipal Airport Master Pan Update
and the 2002 Supplement to the 1994 Bend Municipal Airport Planning Update in
the following ways:
B. 1994 Bend Municipal Airport Master Plan Update and 2002
Supplement to the 1994 Bend Municipal Airport Planning Update:
12. The Plan relates to the Bend Airport Master Plan by implementing planned
improvement projects identified in the Master Plan and the Supplement. It
also provides for the completion of a new Master Plan.
The Plan is in conformance with the Deschutes County Planning Code in the
following ways:
C. Deschutes County Planning Code
A. Exclusive Farm Use
13. The Plan includes some EFU zoned property on which a portion of the property
is in the 65dBA DNL noise contour. The property is included in the Area to
allow the future acquisition of the property to both protect the airport and to
minimize impact on adjacent uses which is an airport -related use. The 2002
Supplement to the Master Plan contemplates acquisition of this property by
the City. Until that acquisition, no projects would occur on these parcels which
would interrupt their present use as EFU zoned properties.
Page 5
Staff Report
B. Airport Development Zones
14. The Plan relates to the Airport Development Zones as projects within these
zones are permitted uses.
C. Airport Safety Combining Zone
15. The Plan relates to the Airport Safety Combining zone as projects within this
zone are permitted uses.
D. Bend Municipal Airport
16. The proposed Plan relates to the general objectives and specific
development standards prescribed for each of the Airport zoning districts.
The Plan does not propose any uses which would be in conflict with the
Airport. It proposes an acquisition program which would eliminate the current
conflict of having residences in a 65 dBA DNL noise contour. The Plan will
support the development of underdeveloped aviation land, thereby providing
employment opportunities, which will in tum encourage aviation related
development on adjacent parcels.
The Plan is in conformance with the Federal Aviation Administration (FAA) Policy
on Property Acquisition in the following ways:
D. FAA Policy on Property Acquisition
17. The Plan relates to this policy by authorizing purchase of entire parcels of
land instead of portions of parcels so as to eliminate any controversy about
leaving an uneconomic remnant.
The main issue for the Planning Commission is whether the inclusion of the
Exclusive Farm Use ("EFU") property in the Bend Municipal Airport Urban
Renewal Area is acceptable. The applicant presents the following facts to
support inclusion on the EFU property.
1. Portions of the EFU property are within the 65 dBA DNL noise contour.
2. By adoption of Ordinance No. 2003-035, effective January 1, 2004,
Deschutes County incorporated the 1994 Bend Municipal Airport Master
Plan, as amended in 2002 by the Supplement to 1994 Airport Master Plan.
Deschutes County Comprehensive Plan §23.64.200.
Page 6
Staff Report
3. The Bend Municipal Airport Master Plan Supplement states specifically
that
"The Bend Municipal Airport will grow along with the rest of
Deschutes County, and the following additional policies shall apply
to the properties shown on the components of the airport overlay -
zones within the area of average Ldn 65 contour (substantial
impact area):
"1. Property within the average Ldn 65 contour (substantial
impact area) shall be considered committed for airport -related or
accessory commercial or industrial uses. At such time as an
exception to Land Conservation and Development Commission
(LCDC) Goal 2 (Agricultural Lands) is taken, such properties shall
be available to be rezoned to A -D Airport Development, provided
public need is demonstrated for theexception, in accordance with
LCDC Goal 2 (Land - Use Planning) and public need is
demonstrated for the zone to be placed upon the property...."
4. Airport staff indicates the need to purchase the properties within the
65 dBA DNL noise contour to eliminate incompatible uses.
5. Planning practices within urban renewal are to include full parcels
when placing property in urban renewal areas.
6. The standard for the Federal Aviation Administration (FAA), which
guides practices at the Airport and provides significant funding for
Airport activities, is purchasing full parcels.
7. The LCDC exception would be taken before any airport related use
was placed on any EFU property.
Therefore, the Applicant states the inclusion of the EFU property in the
Bend Municipal Airport Urban Renewal Area complies with the
Comprehensive Plan.
CONCLUSION AND RECOMMENDATION
It is recommended the Planning Commission find the Plan complies with the
Comprehensive Plan and recommends adoption by the Deschutes County
Commission.
PLANNING COMMISSION RECOMMENDATION AND VOTE
It is recommended that the Planning Commission;
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Staff Report
1. Review and discuss the proposed Bend Municipal Airport Urban
Renewal Plan.
2. Recommend approval to the Board of County Commissioners and
find that the Plan complies with the Comprehensive Plan.
Recommendation/Suggested Motion(s):
"I move that after finding that the Bend Municipal Airport Urban Renewal Plan
conforms with the Deschutes County Comprehensive Plan that the Deschutes
County Planning Commission recommend to the Deschutes County Commission
adoption of the proposed Bend Municipal Airport Urban Renewal Plan."
Attachments:
1. Findings
2. Bend Municipal Airport Urban Renewal Plan
3. Bend Municipal Airport Urban Renewal Report
4. Ordinance No. 2003-035, effective January 1, 2004
5. Bend Municipal Airport: Airport Planning Update (Supplement to 1994
Master Plan Update) dated December 2002
Page 8
Staff Report
Attachment 1: Findings
FINDINGS
A. Compliance with State Planning Goals
State planning statutes require counties to adopt and amend comprehensive
plans and land use regulations in compliance with the state land use goals.
Goal 1 Citizen Involvement: Goal 1 requires local jurisdictions to provide
opportunities for citizen involvement. The Board of County Commissioners will
hold a public hearing on this matter and the hearing will be noticed as required.
Additionally a neighborhood/Business owners meeting has been scheduled for
June 12, 2008.
Goal 2 Land Use Planning: Goal 2 requires the development of a process and policy
framework which acts as a basis for all land use decisions and ensures that decisions
and actions are based on an understanding of the facts relevant to the decision. The
Plan supports this goal in the following ways:
1. The Plan implements the policies of the Deschutes County Comprehensive
Plan as it provides for funding for infrastructure improvements at the Bend
Municipal Airport which will increase the ability of the Airport to provide jobs
and recreational opportunities for the citizens of Deschutes County.
2. The majority of the land within the Area is designated as Airport use in the
Deschutes County Comprehensive Plan.
3. The Plan includes some EFU zoned property on which a portion of the
property is in the 65 dBA DNL noise contour. The property is included
in the Area to allow the future acquisition of the property to both
protect the airport and to minimize impact on adjacent uses. Because
the Deschutes County is using the Master Plan Supplement
("Supplement") to "guide airport land uses," and the Supplement
states that the property which is within the Ldn65 contour shall be
considered committed for airport -related or accessory commercial or
industrial uses including the property which is within the Ldn65
contour in the Area is in conformance with the Comprehensive Plan
and Goal 2 Land Use Planning. Although not all of each EFU parcel is
within the Ldn65 contour, urban renewal best practice is to follow
property lines for an urban renewal Area boundary because this
eliminates the necessity for a field survey of the Area boundary. It
also informs a property owner of the Agency's intended future use of
the property and reduces the possibility of creating a divided,
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Staff Report
uneconomic remaining parcel. In addition, the Federal Aviation
Administration ("FAA"), which provides funding for the majority of
projects at the Airport, also advises that following property lines in
acquisition is the appropriate method of acquisition. (FAA document
shown later in this document) No airport related uses will occur on
any EFU property until a Goal Exception has been taken for the
property.
Goals 3 and 4, Agricultural Lands and Forest Lands, require the
preservation and maintenance of the state's agricultural and forest lands,
generally located outside of urban areas. The Plan supports this goal in
the following ways:
4. The majority of the land within the Area is zoned for Airport use.
5. The Plan includes some Exclusive Farm Use ("EFU") zoned property
on which a portion of the property is in the 65 dBA DNL noise contour.
The property is included in the Area to allow the future acquisition of
the property to both protect the airport and to minimize impact on
adjacent uses. Because the County is using the Master Plan
Supplement ("Supplement") to "guide airport land uses," and the
Supplement states that the property which is within the Ldn65 contour
shall be considered committed for airport -related or accessory
commercial or industrial uses including the property which is within the
Ldn65 contour in the Area is in conformance with the Comprehensive
Plan and Goals 3 and 4, Agricultural Lands and Forest Lands.
Although not all of each EFU parcel is within the Ldn65 contour, urban
renewal best practice is to follow property lines for an urban renewal
Area boundary because this eliminates the necessity for a field survey
of the Area boundary. It also informs a property owner of the
Agency's intended future use of the property and reduces the
possibility of creating a divided, uneconomic remaining parcel. The
Federal Aviation Administration ("FAA") also advises that following
property lines in acquisition is the appropriate method of acquisition.
(FAA document shown later in this document) No airport related uses
will occur on any EFU property until a LCDC Goal 2 Exception has
been taken for the property.
Goal 5, Natural, Historic, Cultural and Scenic Resources, requires protection
natural, historic, cultural and scenic resources. The Plan supports this goal in the
following ways:
6. None of the land in the Area is designates as Natural, Historic, Cultural and
Scenic Resources, therefore the Plan complies with this Goal.
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Staff Report
Goal 6, Air, Water and Land Resource Quality, requires maintenance and
improvement of the quality of air, water and land resources. The Plan supports
this goal in the following ways:
7. The Plan provides infrastructure funding for the Airport, which will provide
incentives for expansion of businesses in this Area. Concentrating
businesses with like interests in one location preserves natural resources
and reduces negative environmental impacts by centralizing business
resources.
Goal 7, Areas Subject to Natural Disasters and Hazards, calls for the
protection of life and property from natural disasters and hazards. The Plan is
neutral on this goal because:
8. The Area is not subject to natural disasters and hazards.
Goal 8, Recreational Needs, requires the responsible government agencies to
plan for meeting recreational needs of both citizens and visitors. The Plan
supports this goal in the following ways:
9. The Airport is a major recreational venue for Deschutes County. Providing
infrastructure and safety improvements will help facilitate increased
recreational uses at the Airport.
Goal 9, Economic Development, requires provision of adequate opportunities
for a variety of economic activities. The Plan supports this goal in the following
ways:
10. The Airport is becoming a nucleus for an expanding aviation sector of
employment for Deschutes County. Providing infrastructure and safety
improvements will help facilitate increased expansion at the Airport and this
expansion will result in additional jobs for Deschutes County residents and
provide spin off economic benefit to the County.
Goal 10, Housing, requires provision of housing to meet the needs of the State.
The Plan is neutral on this goal because:
11. The Area includes two major types of comprehensive plan designations:
Airport uses and EFU. There are some residential rental properties on the
EFU designated area. However, these properties are within the 65 OA DNL
noise contour and due to the noise impacts, should be acquired. Although
housing is an acceptable use in the EFU area, it is not the major use.
Goal 11, Public Facilities and Services, requires planning and development of
timely, orderly and efficient public service facilities that serve as a framework for
urban and rural development. The Plan supports this goal in the following ways:
Page 11
Staff Report
12. The improvements slated under the Plan include improvements to the
facilities at the Airport including the offices and maintenance facilities. It also
includes provisions for construction of a future Fire Station near the Airport
location. The majority of the improvements are infrastructure improvements
to facilitate continued expansion of businesses at the Airport.
Goal 12, Transportation, requires provision of a safe, convenient and economic
transportation system. The Plan supports this goal in the following ways:
13. The Pian provides for infrastructure and safety improvements at the Airport, a
major transportation center.
14. The Plan provides for improvement on Powell Butte Highway at Butler
Market Road as called for in the Deschutes County Transportation Systems
Plan.
Goal 13, Energy Conservation, requires development of a land use pattern that
maximizes the conservation of energy based on sound economic principles. The
Plan supports this goal in the following ways:
15. The Plan provides infrastructure funding for the Airport, which will provide
incentives for expansion of businesses in this Area. Concentrating
businesses with like interests in one location preserves natural resources
and reduces negative environmental impacts by centralizing business
resources.
Goal 14, Urbanization, requires provision of an orderly and efficient transition of
rural lands to urban use. The Plan is neutral on the goal as the Area is not within
an urban growth boundary.
B. Deschutes County Comprehensive Plan
The purpose of the Comprehensive Plan for Deschutes County is not to provide a
site-specific identification of the appropriate land uses which may take place on a
particular piece of land but rather it is to consider the significant factors which
affect or are affected by development in the County and provide a general guide to
the various decisions which must be made to promote the greatest efficiency and
equity possible, while managing the continuing growth and change of the area.
Part of that process is identification of an appropriate land use plan, which is then
interpreted to make decisions about specific sites (most often in zoning and
subdivision administration) but the plan must also consider the sociological,
economic and environmental consequences of various actions and provide
guidelines and policies for activities which may have effects beyond physical
changes of the land.
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The plan must also consider factors other than those of a strictly local nature
because the policies must serve not only as an internal guide but also as a way of
relating to the larger society of which we are a part. The planning process has to
be oriented toward the production of the most beneficial long-range results
possible for the residents of the community, not as an end to growth, but as a way
to guide growth for the general welfare of the public. The Plan is in conformance
with the Comprehensive Plan in the following ways:
1. Chapter 23.52: Economy
The Plan relates to the Chapter 23.52 Economy in the following ways:
GOALS
1. To diversify and improve the economy of the area.
2. To enhance and maintain the existing natural resource, commercial
and industrial segments of the local economy.
16. The Plan provides improvements which will enhance the Area's services
thereby increasing employment opportunities within the Area. These
improvements will enhance and maintain the existing aviation uses in the local
economy.
POLICIES
1. Tourism
a. The importance of tourism to the local economy is well known,
but there also exists considerable potential for strengthening and
improving this segment of the economy. The County shall assist in
the development of a long-range plan to encourage tourism
(including destination resorts) and recreation locally (see Recreation
Chapter for additional information). This study will include
consideration of the impacts likely to be created by increasingly
expensive gasoline.
b. Private commercial activities consistent with other County
policies which enhance tourism shall be encouraged by the County.
17. The Planrelates to the goal to diversify and improve the economy and to
enhance•the existing economy. The Plan would support the current aviation
uses, many of which are tourist related, and provide opportunities for those to
expand.
3. Land
a. Adequate lands for commercial and industrial requirements shall
be set aside (see Rural Development and Urbanization chapters).
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b. In order that local residents have adequate employment the
County shall encourage programs that appropriately increase
employment opportunities and assist, where feasible, public plans
and programs to develop industrial land.
18. The Plan relates to the land section of the goal to diversify and improve the
economy and to enhance the existing economy. The Plan would support the
current aviation uses and provide opportunities for those to expand, providing
increased employment opportunities.
2. Chapter 23.60: Transportation
The Deschutes County Comprehensive Plan Transportation Chapter
addresses both short and long-term transportation needs. This Chapter
looks at the next 20 years in Deschutes County, and identifies through
goals and policies, how best to efficiently move people and goods
throughout the County. Planning for the transportation needs within the
Bend, Redmond, and Sisters urban growth boundaries are covered by
those cities' respective comprehensive plan transportation elements.
The purpose of Deschutes County Comprehensive Plan (DCC) section
23.60 is to develop a transportation system that meets the needs of
Deschutes County residents, while also considering regional and state
needs at the same time. This plan addresses a balanced transportation
system that includes automobile, bicycle, rail, transit, air, pedestrian and
pipelines. It reflects existing land use plans, policies and regulations that
affect the transportation system. The Plan relates to the Chapter 23.60
Transportation in the following ways:
B. Existing Road System
Deschutes County is responsible for maintaining approximately 943 total
miles within the County system. Out of the total miles maintained by the
County, approximately 750 miles are paved and 193 are unpaved. An
additional 1,200 miles of unpaved roads are dedicated to the public but not
in the County system. Most of the rural roads are located in the western
part of the County along the major state highway corridors. In the other,
mostly unpopulated areas, roads totaling approximately 410 miles are
under the jurisdiction of the U.S. Forest Service, U.S. Bureau of Land
Management, the Oregon State Forestry Division, or the Oregon State
Parks Division. Of the 750 paved miles of public roads located in the
County, many are controlled by the local jurisdictions within the three
incorporated cities (Bend, Redmond and Sisters). However, the County
maintains approximately 120 miles of urban roadways within Urban Growth
Boundaries (UGB). Of the 120 urban road miles the County maintains,
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approximately 27 miles are within city limits. An additional 200 miles of
roadways (state highway system) are controlled by ODOT.
19. The Plan authorizes expenditures to upgrade the existing road system
surrounding the Airport. An Immediate Opportunity Fund (1OF) application has
been made for the northbound left tum lane on Powell Butte Highway to Butler
Market Road.
P. Air transportation
With the passage of SB 1113 in 1995, Oregon Department of
Transportation (ODOT) is proposing that the County establish an "airport
zone" for each of the public use airports in the County to assure the
continuation of airport and airport -related uses there. State Rule Oregon
Administrative Rule (OAR) 660-13, was adopted in December 1996 by the
Land Conservation and Development Commission (LCDC). In July 1997,
the state passed House Bill (HB) 2605 which modified Oregon Statutes
regarding airport planning and will have an as yet undeterrnined effect on
OAR 660-13.
1. Public -Use Airports: Publicly -Owned (Municipal)
a. Redmond Municipal Airport
b. Bend Municipal Airport
20. The Plari relates to the transportation goal to support the Bend Municipal
Airport. The Plan would support the current aviation uses and provide
opportunities for those to expand.
3. Chapter 23.64: Transportation System Plan
In late 1994, the County initiated work on a Tong -range transportation
system plan (TSP), which was a requirement of OAR 660-12, the
Transportation Planning Rule (TPR). The State of Oregon approved the
Rule in 1991. The purpose of the TSP is to guide the development of a
safe, convenient and efficient transportation system that promotes
economic prosperity and livability for all County residents.
B. The TSP makes recommendations regarding, short-term and Tong -term
transportation projects on state and County facilities that will be needed
over the next 20 years.
1.. The project list was based on:
a. Evaluating the capacity of the County road system and the
state highway network within Deschutes County.
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b. The results of state accident database analysis.
c. Input from the County Road Department.
d. Efforts to enhance alternative modes of transportation through
compliance with the Transportation Planning Rule.
e. The input received from the citizen review committee (County
Planning Commission) and the public outreach process in
general.
21. The Plan authorizes expenditures to upgrade the existing road system
surrounding the Airport. An Immediate Opportunity Fund (IOF) application has
been made for the Ieft tum lane on Powell Butte Highway to Butler Market
Road.
A. 23.64.30 Arterial and Collector Roads.
1. County road Network. The findings in the TSP conclude that the
'County road network currently in place, except for several specific
road segments, should be adequate to serve the County needs over
the next twenty years. Given the rural nature of Deschutes County
and the fact that the majority of new development will take place on
existing lots with existing access, few additional roads are
anticipated. New road corridors to isolated subdivisions and new
roads linking urban and rural areas are the main exceptions. Any
new roads that will be created most likely will be the result of new
developments and would therefore be part of land use development
review or would be for secondary access or emergency
ingress/egress to isolated subdivisions. Unforeseen Targe
developments such as destination resorts normally have a private
road system but their impacts to the County road network would be
assessed at the time of land use approval.
The majority of road -related projects will consist of safety-related or
other upgrades, maintenance and repair. Upgrades, maintenance
and repair should be actively pursued to maintain the integrity of the
system and not jeopardize the current conditions. Pedestrian,
bicycle and transit modes of transportation require wider, smoother
roadways. These improvements also benefit automobile and truck
traffic by making the roads safer and more efficient. The main
purpose of the County -owned road network is to move people and
goods as efficiently as possible between and to the incorporated
cities in the County, not as a means of increasing urban scale
developments in the unincorporated communities of the County.
The County recognizes the importance of having a natural and
seamless transition of jurisdiction for County roads within urban
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Staff Report
growth boundaries to their respective city jurisdictions as the cities
continue to grow.
a. Goal: Establish a transportation system, supportive of
a geographically distributed and diversified industrial
base, while also providing a safe, efficient network for
residential mobility and tourism.
b. Policies:
1. Deschutes County shall:
a. Consider the road network to be the most
important and valuable component of the
transportation system; and
b. Consider the preservation and maintenance
and repair of the County road network to be vital
to the continued and future utility of the County's
transportation system.
2. County roads. Several roads within the rural
areas of the County road network are in need of
reclassification.
a. Upgrade Functional Class - Rural Local to
Rural Collector
b. Nelson Road from Waugh Rd. to Powell
Butte Highway.
22. The Plan authorizes expenditures to upgrade the existing road system
surrounding the Airport. An Immediate Opportunity Fund (IOF) application has
been made and a grant is being issued for the northbound left turn lane on
Powell Butte Highway to Butler Market Road. The Plan activities will not alter
any road classifications.
B. 23.64.200 Airports
The continued operation and vitality of airports registered, licensed
or otherwise recognized by the Department of Transportation is a
matter of State and County concern. There are currently 18
registered airports in Deschutes County. Four of these are public
use airports; two of which, Bend Municipal and Redmond Municipal -
Roberts Field are publicly owned while Sisters Eagle Air and
Sunriver airports are privately owned. These airports have improved
(paved) runways, and offer a range of services, from the availability
of commercial passenger flights arriving and departing daily at
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Redmond Municipal Airport, to the Sisters (Eagle Air) Airport which
offers no services or runway navigational aids.
The Redmond Airport, which is located completely within the City
limits of Redmond, is owned and controlled by the City of Redmond.
It has a master plan, which was updated in 1998 and adopted by the
City. The Plan guides the future land use(s) at the airport. The
Master Plan includes an inventory of existing facilities, land uses,
aviation forecasts, a demand/capacity analysis, airport layout plan
and a development program.
Unlike the Redmond Airport, the Bend Municipal Airport is located
outside the Bend City limits and Urban Growth Boundary (UGB),
therefore the County has land use jurisdiction over it. In order to
guide airport land uses, the County adopted and utilizes the 1994
Bend Municipal Airport Master Plan, as amended in 2002 the
"Supplement to 1994 Airport Master Plan" incorporated by reference
herein. This is the guiding document for airport planning and
development. This document incorporates a range of facility
improvements for the Bend Municipal Airport over the 20 -year
planning horizon (2021), including short, intermediate, and long-term
projects to improve safety and function at the airport.
Currently, LCDC has administrative regulations (OAR 660-13) which
were adopted in 1996. These regulations apply to airports that, in
1994, were the base for three or more aircraft. However, with the
passage of HB 2605, the regulations were revised by the 1997
Oregon Legislature, which will require LCDC to update the rales to
incorporate the changes made by the Legislature. For purposes of
this TSP, the County will not alter current land use regulations in
response to the current regulations (OAR 660-13) which have been
revised by the Oregon Legislature. While the content of the new
regulations is not yet known, the County policy shall be to develop
ordinances to comply with the new regulations once they are
adopted by LCDC. The Plan relates to these goals and policies in
the following ways:
GOALS
Protect the function and economic viability of the existing public -use
airports, while ensuring public safety and compatibility between the
airport uses and surrounding land uses for public use airports and for
private airports with three or more based aircraft.
23. The Plan relates to this goal by providing infrastructure and safety
improvements specified in Section IV of the Plan.
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POLICIES
a. Deschutes County shall protect public -use airports through the
development of airport land use regulations. Efforts shall be made to
regulate the land uses in designated areas surrounding the
Redmond, Bend, Sunriver and Sisters (Eagle Air) airports based
upon adopted airport master plans or evidence of each airports
specific level of risk and usage. The purpose of these regulations
shall be to prevent the installation of airspace obstructions, additional
airport hazards, and ensure the safety of the public and guide
compatible land use. For the safety of those on the ground, only
limited uses shall be allowed in specific noise impacted and crash
hazard areas that have been identified for each specific airport.
Protecting the privately owned, private -use airports, with three or
more based aircraft, will be accomplished by development of specific
land use regulations for these types of airports. The function and
economic vitality of privately owned, private -use airports with two or
fewer based aircraft will also be accomplished through land use
planning. Each airport's specific level of risk and usage shall be
used to guide the continued safe aeronautical access to and from
these airports considering the type of aircraft approved to use the
airfield.
b. Deschutes County shall:
1. Continue to recognize the Redmond (Roberts Field)
Airport as the major commercial/passenger aviation facility
in Deschutes County and an airport of regional
significance. Its operation, free from conflicting land uses,
is in the best interests of the citizens of Deschutes County.
Incompatible land uses shall be prohibited on the County
lands adjacent to the airport;
2. Cooperate with the cities of Bend, Redmond and Sisters in
establishing uniform zoning standards, which will prevent
the development of hazardous structures and incompatible
land uses around airports;
3. Through adoption of appropriate zoning restrictions, take
steps to ensure that any proposed uses shall not impact
airborne aircraft because of height of structures, smoke,
glare, lights which shine upward, radio interference from
transmissions or any water impoundment's or sanitary
landfills which would create potential hazards from
waterfowl to airbome aircraft;
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4. Through adoption of appropriate zoning restrictions, allow
land uses around public -use airports that will not be
adversely affected by noise and safety problems and will
be compatible with the airports and their operations;
5. Work with, and encourage airport sponsors to work with
the Federal Aviation Administration (FAA) to enforce FAA -
registered flight patterns and FAA flight behavior
regulations to protect the interests of County residents
living near airports.
6. Adopt zoning restrictions to ensure that developments in
the airport approach areas will not be visually distracting,
create electrical interference or cause other safety
problems for aircraft or persons on the ground. In
addition, efforts shall be made to minimize population
densities and prohibit places of public assembly in the
approach areas;
7.. Continue efforts to prevent additional residential
encroachment within critical noise contours or safety areas
without informed consent;
8.. Specifically designate any proposed airport facility
relocations or expansions within County jurisdiction on an
airport master plan or airport layout plan map, as
amended, and establish the appropriate airport zoning
designation to assure a compatible association of airport
growth with surrounding urban or rural development;
9. Maintain geographic information system (GIS) mapping of
the Airport Safety Combining Zones and provide timely
updates;
10. For those airports in Deschutes County without adopted
master plans, the County shall, as a minimum, base any
land use decisions involving airports on LCDC airport
regulations, upon adoption of those regulations by LCDC,
which implement HB 2605;
11. Participate in and encourage the County -adoption of
airport master plans for all public use airports and at least
an airport layout plan for the remaining ODOT-recognized
airfields in Deschutes County;
12. Encourage appropriate federal, state and local funding for
airport improvements at public -owned airports; and
13. Discourage future development of private landing fields
when they are in proximity to one another, near other
public airports and potential airspace conflicts have been
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Staff Report
determined to exist by the Federal Aviation administration
(FAA) or ODOT Aeronautics.
(Ord. 2003-035 §1, 2003; Ord. 2002-005 §1, 2002; Ord.
2000-017 §1, 2000; Ord. 98-044, 1998)
24. The Plan relates to the Transportation Systems Plan's goals and policies for
the Bend Municipal Airport. It implements the existing Airport Master Plan and
provides for updating the Master Plan. It provides strategies for protecting the
airport and surrounding uses in the critical noise contours. It proposes
development within the confines on the existing zoning for the area.
3. Chapter 23.68: Public Facilities and Services
In a County growing as fast as Deschutes County the provision of public
services is a major issue. Adequate services at the right locations are the
result of planning, hard work and money. The present growth rate has
exceeded the previous plans and hard work by local governments has not
always been able to keep up with the demand, especially since there is a
growing reluctance to pay the higher taxes it takes to obtain the public
services. In addition, the scattered low-density development that has
occurred in some places is so inefficient in supplying services that the
needed facilities are excessively expensive or completely unprofitable. The
Plan relates to Chapter 23.68 Public facilities in the following ways:
E. Fire
Perhaps the public service most often forgotten is fire protection. In many
areas of the County no fire agency is responsible for fires which occur. To
solve this problem fire districts are often formed in rural areas or fire
protection contracts signed with fire protection agencies. However, even
when fire districts do exist the annexation of new developments may take
over a year and in the past the Bend Fire District has had to put a
moratorium on any new annexations because of facility shortages.
Many people assume protection is available from Federal or State
agencies, but these offices have no authority or responsibility on private
lands. Usually they are not trained to fight structure fires, and in the winter
their firefighting equipment is drained and stored away.
As the County continues to grow many firefighting agencies are becoming
increasingly concerned about the lack of proper controls to reduce fires in
subdivisions, the inadequacy of firefighting equipment and training, and the
need for more cooperation and mutual aid agreements between the various
agencies. Proper planning and subdivision control is seen as critical in
dealing with the situation.
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GOALS
To plan and develop a timely, orderly and efficient arrangement of public
facilities and services to serve as framework for urban and rural
development, and thereby a system or plan that coordinates the type,
location and delivery of public facilities and services in a manner that best
supports the existing and proposed land uses.
POLICIES
1. General
a. Public facilities and services shall be provided at levels and in
areas appropriate for such uses based upon the carrying capacity
of the land, air and water, as well as the important distinction that
must be made between urban and rural services. In this way
public services may guide development while remaining in
concert with the public's needs.
c. Future development shall depend on the availability of adequate
local services in close proximity to the proposed site. Higher
densities may permit the construction of more adequate services
than might otherwise be true. Cluster and planned development
shall be encouraged.
d. Deschutes County shall coordinate with the cities and other
service providers in urban areas to assure that all urban services
are provided in an equitable manner and construction phased,
based upon the time required to provide the service, the reliability
of the service, the financial cost, and the levels of service
needed. All services shall be provided consistent with the
provisions of all other required services.
Fire
a. Land for a fire station shall be dedicated in large developments.
b. Fire stations should be built in an architectural style that will blend
into the area of location.
25. The Plan relates to the goal to provide public services by including funding for
the future development of a fire sub -station to serve both the Airport and
surrounding areas. Financing for Fire station services from the Plan can
include only capital expenditures.
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Staff Report
4. Chapter 23.72: Recreation
GOALS
1. To satisfy the recreational needs of the residents of and visitors to
Deschutes County.
2. To maximize utilization of economic and personnel resources through
increasing intergovernmental and public-private cooperation in the
provision of recreation facilities and services.
26. The Plan relates to the recreation goal by supporting the aviation uses at the
Airport, recognizing that many of those uses are for recreation purposes. The
Plan would support the current aviation uses and provide opportunities for
those to expand.
5. Chapter 23.88: Agricultural Lands
GOAL
A. To preserve and maintain agricultural land.
27. The Plan relates to the Agricultural Lands goal as there is EFU
property in the Area. The Plari includes some EFU zoned property on
which a portion of the property is in the 65 dBA DNL DNL noise
contour. The property is included in the Area to allow the future
acquisition of the property to both protect the airport and to minimize
impact on adjacent uses which is an airport -related use. Because the
County is using the Supplement to "guide airport land uses," and the
Supplement states that the property which is within the Ldn65 contour
shall be considered committed for airport -related or accessory
commercial or industrial uses including the property which is within
the Ldn65 contour in the Area is in conformance with the
Comprehensive Plan. Although not all of each EFU parcel is within
the Ldn65 contour, urban renewal best practice is to follow property
lines for an urban renewal Area boundary because this eliminates the
necessity for a field survey of the Area boundary. It also informs a
property owner of the Agency's intended future use of the property
and reduces the possibility of creating a divided, uneconomic
remaining parcel. The Plan supports the 1994 Bend Municipal Airport
Master Plan and 2002 Bend Municipal Airport Master Plan Planning
Update by including Ldn 65 noise contour properties identified in the
Plan Update. Until such time that acquisition is completed, the Plan
will not interfere with the present use of the parcels. A LCDC Goal 2
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Exception would be taken prior to the time of placement of airport
related uses on the EFU properties.
6. 23.124: Citizen Involvement
GOALS
A. To promote and maintain better communication between the
community's various segments (Le., govemmental agencies, business
groups, special districts and the general public).
B. To provide the opportunity for the public to identify issues of concem
and encourage their involvement in planning to addresses those issues.
28. The Plan relates to the citizen involvement goal. There will be public input on
the Plan through public meetings in the adoption process.
C. 1994 Bend Municipal Airport Master Plan Update and 2002
Supplement to the 1994 Bend Municipal Airport Planning Update
PURPOSE
The Bend Municipal Airport Master Plan Update (Master Plan) was developed in
1994 to examine the needs at the Airport and provide guidance for airport
development for the next 20 years. The 2002 Supplement to the Bend Municipal
Airport Planning Update (Supplement) documents updates changes in facilities,
activity and facility needs that have occurred since the Master Plan was last
updated.
By adoption of Ordinance No. 2003-035, effective January 1, 2004, Deschutes
County incorporated the 1994 Bend Municipal Airport Master Plan, as amended
in 2002 by the Supplement to 1994 Airport Master Plan. Deschutes County
Comprehensive Plan §23.64.200.
29. The Plan relates to the Bend Airport Master Plan by implementing planned
improvement projects identified in the Master Plan and the Supplement. It
also provides for the completion of a new Master Plan.
Supplement
Chapter 1 of the Supplement, Inventory, quotes Policy 27 of the Transportation
Element of the Comprehensive Plan applicable to the Bend Airport:
"27(a). The Bend Municipal Airport will grow along with the rest of
Deschutes County, and the following additional policies shall apply
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Staff Report
to the properties shown on the components of the airport overlay -
zones within the area of average Ldn 65 contour (substantial
impact area):
"1. Property within the average Ldn 65 contour (substantial
impact area) shall be considered committed for airport -related or
accessory commercial or industrial uses. At such time as an
exception to LCDC Goal 2 (Agricultural Lands) is taken, such
properties shall be available to be rezoned to A -D Airport
Development, provided public need is demonstrated for the
exception, in accordance with LCDC Goal 2 (Land Use Planning)
and public need is demonstrated for the zone to be placed upon the
property...."
The current version of the County's Comprehensive Plan, and the
Transportation Element, has been revised since the Supplement was
drafted in 2002. Policy #27 is not in the current County Comprehensive
Plan.
Nonetheless, the Supplement still remains part of the Comprehensive
Plan by reference. DCC 23.64.200 states,
"In order to guide airport land uses, the County adopted and utilizes
the 1994 Bend Municipal Airport Master Plan, as amended in 2002
the "Supplement to 1994 Airport Master Plan" incorporated by
reference herein. This is the guiding document for airport planning
and development."
30. The Plan includes some EFU zoned property on which a portion of the
property is in the 65 dBA DNL noise contour. The property is
included in the Area to allow the future acquisition of the property to
both protect the airport and to minimize impact on adjacent uses
which is an airport -related use. Because the County is using the
Supplement to "guide airport land uses," and the Supplement states
that the property which is within the Ldn65 contour shall be considered
committed for airport -related or accessory commercial or industrial
uses including the property which is within the Ldn65 contour in the
Area is in conformance with the Comprehensive Plan. Although not
all of each EFU parcel is within the Ldn65 contour, urban renewal best
practice is to follow property lines for an urban renewal Area boundary
because this eliminates the necessity for a field survey of the Area
boundary. It also informs a property owner of the Agency's intended
future use of the property and reduces the possibility of creating a
divided, uneconomic remaining parcel. The Plan supports the 1994
Bend Municipal Airport Master Plan and 2002 Bend Municipal Airport
Master Plan Planning Update by including Ldn 65 noise contour
properties identified in the Plan Update. Until such time that
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Staff Report
acquisition is completed, the Plan will not interfere with the present
use of the parcels. An LCDC Goal 2 Exception would be taken prior
to any airport related uses on the property.
D. Deschutes County Planning Code
PURPOSE
A. The intent or purpose of DCC Title 18 is to promote the public health, safety
and general welfare and to carry out the Deschutes County Comprehensive
Plan, the provisions of ORS 215 and the Statewide Planning Goals adopted
pursuant to ORS 197. DCC Title 18 is to establish zoning districts and
regulations governing the development and use of land within portions of
Deschutes County, Oregon;
B. To provide regulations governing nonconforming uses and structures; to
establish and provide for the collection of fees; to provide for the
administration of DCC Title 18 and for the officials whose duty it shall be to
enforce the provisions thereof; to provide penalties for the violations of DCC
Title 18; and to provide for resolution of conflicts;
C. To regulate the placement, height and bulk of buildings; and the placement
and growth of vegetation within the County to ensure access to solar
energy by reasonably regulating interests in property within the County, as
authorized under ORS 215.044 and ORS 105.880 through 105.890, to
promote and maximize the conservation of energy by preserving the option
to utilize solar energy and to implement the Comprehensive Plan polices
relating to solar energy; and
D. To encourage the design of new buildings, structures and developments
which use solar energy and protect future options to use solar energy by
protecting solar access.
The Plan relates to the Deschutes County Planning Code in the following ways:
1. Chapter 18.16: Exclusive Farm Use
PURPOSE
A. The purpose of the Exclusive Farm Use zones is to preserve and maintain
agricultural lands and to serve as a sanctuary for farm uses.
B. The purposes of this zone are served by the land use restrictions set forth in
the Comprehensive Plan and in DCC 18.16 and by the restrictions on
private civil actions and enforcement actions set forth in ORS 30.930
through 30.947.
31. The Plan includes some EFU zoned property on which a portion of the property
is in the 65dBA DNL noise contour. The property is included in the Area to
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Staff Report
allow the future acquisition of the property to both protect the airport and to
minimize impact on adjacent uses which is an airport -related use. The 2002
Supplement to the Master Plan contemplates acquisition of this property by
the City. Until that acquisition and an LCDC Goal 2 Exception, no projects
would occur on these parcels which would interrupt their present use as EFU
zoned properties.
2. Chapter 18.76: Airport Development Zone
PURPOSE
The purpose of the Airport Development (AD) Zone is to allow for development
compatible with ongoing airport use consistent with the Deschutes County Year.
2000 Comprehensive Plan and the 1994 Bend Airport Master Plan Update (as
amended by a 2002 supplement), while providing for public review of proposed
development likely to have significant impact on surrounding lands. The AD Zone
is composed of three separate zoning districts, each with its own set of allowed
uses and distinct regulations, as further set forth in DCC 18.76. The Plan relates
to the following sub chapters of the Airport Development Zone in the following
ways:
Airfield Operations District (AOD)
Uses Permitted Outright. The following uses and their accessory uses are
permitted outright:
A. Runway, taxiway, service road, fuel storage and sales and
emergency repair.
B. Facilities approved or mandated by the FAA or Oregon State
Aeronautics Division specifically supporting airport operations.
(Ord. 2003-036 §2, 2003)
32. The Plan relates to the AOD zone as Plan projects including runway and
taxiway improvements within this zone are permitted uses.
Aviation Support District (ASD)
Uses Permitted Outright. The following uses and their accessory uses are
permitted outright:
A. Runway, taxiway, service road, fuel storage and sales and
emergency repair.
B. Facilities approved or mandated by the FAA or Oregon State
Aeronautics. Division.
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Staff Report
Related uses which are customarily appurtenant to airports, including
but not limited to hangars, tie -down areas and parking facilities.
Conditional Uses Permitted. The following conditional uses may be
permitted subject to DCC 18.128 and a conditional use permit:
A. Restaurants, which may include a bar or cocktail lounge as an
accessory use. One restaurant per airport. Restaurants, including
any accessory use, are to be 2,500 square feet or less in size.
B. Airport or aviation -related businesses that benefit from an on -airport
location.
(Ord. 2004-013 §8, 2004; Ord. 2003-036 §2, 2003)
33. The Plan relates to the ASD zone as projects within this Zone are permitted
uses.
Aviation -Related Industrial District (ARID)
Uses Permitted Outright. The following uses and their -accessory uses are
perrnitted outright:
A. Runway, taxiway, service road, fuel storage and sales and
emergency repair.
B. Facilities approved or mandated by the FAA or Oregon State
Aeronautics Division.
C. Related uses which are customarily appurtenant to airports, including
but not limited to hangars, tie -down areas and parking facilities.
D. Airport or aviation -related commercial or industrial businesses that
benefit from an on -airport location
34. The Plan relates to the ARID zone as projects within this zone are perrnitted
uses.
3. Chapter 18.80: Airport Safety Combining Zone
Imaginary Surface and Noise Impact Boundaries
For the Redmond, Bend, Sunriver, and Sisters airports, the airport elevation, the
airport noise impact boundary, and the location and dimensions of the runway,
primary surface, runway protection zone, approach surface, horizontal surface,
conical surface and transitional surface shall be delineated for each airport subject
to this overlay zone and shall be made part of the official Zoning Map. All lands,
waters and airspace, or portions thereof, that are located within these boundaries
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(including direct and secondary impact boundaries) or surfaces shall be subject to
the requirements of this overlay zone.
Height Limitations
All uses permitted by the underlying zone shall comply with the height limitations in
DCC 18.80.028. When height limitations of the underlying zone are more
restrictive than those of this overlay zone, the underlying zone height limitations
shall control. [ORS 836.619; OAR 660-013-0070]
A. Except as provided in DCC 18.80.028(6) and (C), no structure or tree, plant
or other object of natural growth shall penetrate an airport imaginary
surface. [ORS 836.619; OAR 660-013-0070(1)]
B. For areas within airport imaginary surfaces but outside the approach and
transition surfaces, where the terrain is at higher elevations than the airport
runway surfaces such that existing structures and permitted development
penetrate or would penetrate the airport imaginary surfaces, a local
government may authorize structures up to 35 feet in height.
C. Other height exceptions or variances may be permitted when supported in
writing by the airport sponsor, the Department of Aviation and the FAA.
Applications for height variances shall follow the procedures for other
variances and shall be subject to such conditions and terms as
recommended by the Department of Aviation and the FM (for Redmond,
Bend and Sunriver.)
35. The Plan relates to the Airport Safety Combining zone as projects within this
zone are permitted uses.
Bend Municipal Airport
Bend Municipal Airport is a Category 2, Business or High Activity General Aviation
Airport. The 5,200 foot long by 75 foot wide paved runway is located at an
elevation is 3,456 feet. Imaginary surface dimensions for the Bend Airport are
based on planned improved operational characteristics, and an upgrade from a
"utility" to "other than utility" runway, but do not reflect any planned extension to the
existing runway.
A. Primary Surface: For Bend, the primary surface is 500 feet wide by 5,405
feet long.
B. Runway Protection Zone (RPZ): Both Runway #16 and #34 have, or are
proposed to have non -precision approaches. Both RPZs begin 200 feet off
the ends of the runway. The non -precision RPZs form 500 foot wide by
1,700 foot long by 1,010 foot wide trapezoids.
C. Approach Surface: The non -precision approach surfaces are 500 feet wide
by 10,000 feet long by 3,500 feet wide, with an upward approach slope ratio
of 34:1(one-foot vertical for each 34 feet horizontal).
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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 height of the horizontal surface for the Bend Airport is 3,603
feet.
Land Use Compatibility
Applications for land use or building permits for properties within the boundaries of
this overlay zone shall comply with the requirements of DCC 18.80 as provided
herein. When compatibility issues arise, the Planning Director or Hearings Body is
required to take actions that eliminate or minimize the incompatibility by choosing
the most compatible location or design for the boundary or use. Where
compatibility issues persist, despite actions or conditions intended to eliminate or
minimize the incompatibility, the Planning Director or Hearings. Body may disallow
the use or expansion, except where theaction results in loss of current operational
levels and/or the ability of the airport to grow to meet future community needs.
Reasonable conditions to protect the public safety may be imposed by the
Planning Director or Hearings Body. [ORS 836.619; ORS 836.623(1); OAR 660-
013-0080]
A. Noise
Within airport noise impact boundaries, land uses shall be established consistent
with the levels identified in OAR 660., Division 13, Exhibit 5 (Table 2 of DCC
18.80). Applicants for any subdivision or partition approval or other land use
approval or building permit affecting land within airport noise impact boundaries,
shall sign and record in the Des.chutes County Book of Records, a Declaration of
Anticipated Noise declaring that the applicant and his successors will not now, or
in the future complain about the allowed airport activities at the adjacent airport. In
areas where the noise level is anticipated to be at or above 55 Ldn, prior to
issuance of a building permit for construction of a noise sensitive land use (real
property normally used for sleeping or as a school, church, hospital, public library
or similar use), the permit applicant shall be required to demonstrate that a noise
abatement strategy will be incorporated into the building design that will achieve an
indoor noise level equal to or less than 55 Ldn. [NOTE: FAA Order 5100.38A,
Chapter 7 provides that interior noise levels should not exceed 45 decibels in all
habitable zones.]
B. Outdoor lighting
No new or expanded industrial, commercial or recreational use shall project
lighting directly onto an existing runway or taxiway or into existing airport approach
surfaces except where necessary for safe and convenient air travel. Lighting for
these uses shall incorporate shielding in their designs to reflect light away from
airport approach surfaces. No use shall imitate airport lighting or impede the ability
of pilots to distinguish between airport lighting and other lighting.
C. Glare
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No glare producing material, including but not limited to unpainted metal or
reflective glass, shall be used on the exterior of structures located within an
approach surface or on nearby lands where glare could impede a pilot's vision.
D. Industrial emissions
No new industrial, mining or similar use, or expansion of an existing industrial,
mining or similar use, shall, as part of its regular operations, cause emissions of
smoke, dust or steam that could obscure visibility within airport approach surfaces,
except upon demonstration, supported by substantial evidence, that mitigation
measures imposed as approval conditions will reduce the potential for safety risk
or incompatibility with airport operations to an insignificant level. The review
authority shall impose such conditions as necessary to ensure that the use does
not obscure visibility.
E. Communications Facilities and Electrical Interference
No use shall cause or create electrical interference with navigational signals or
radio communications between an airport and aircraft. Proposals for the location
of new or expanded radio, radiotelephone, and television transmission facilities
and electrical transmission lines within this overlay zone shall be coordinated with
the Department of Aviation and the FAA prior to approval. Approval of cellular and
other telephone or radio communication towers on leased property located within
airport imaginary surfaces shall be conditioned to require their removal within 90
days following the expiration of the lease agreement. A bond or other security
shall be required to ensure this result.
F. Limitations and Restrictions on Allowed Uses in the RPZ, Approach
Surface, and Airport Direct and Secondary Impact Areas
For the Redmond, Bend, Sunriver, and Sisters airports, the land uses identified in
DCC 18.80 Table 1, and their accessory uses, are permitted, permitted under
limited circumstances, or prohibited in the manner therein described. In the event
of conflict with the underlying zone, the more restrictive provisions shall control.
As used in DCC 18.80.044, a limited use means a use that is allowed subject to
special standards specific to that use.
36. The proposed Plan relates to the general objectives and specific
development standards prescribed for each of these zoning districts. The
Plan does not propose any uses which would be in conflict with the Airport. It
proposes an acquisition program which would eliminate the current conflict of
having residences in a 65 dBA DNL noise contour. The Plan will support the
development of underdeveloped aviation land, thereby providing employment
opportunities, which will in turn encourage aviation related development on
adjacent parcels.
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Staff Report
E. FAA Policy on Property Acquisition
In a US Department of Transportation Federal Aviation Administration
Brochure Land Acquisition for Public Airports "How and Why your Local
Government Acquires Real Property for Public Airports" there is the
following policy statement about acquisition of properties. The brochure
is in reference to Public Law 91-646 The Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which
was signed into law and made effective on January 2, 1971. This
document in full can be found at:
http://www.faa.gov/airports airtraffic/airports/environmental/relocation_ass
istance/
Can The Airport Owner Take Only A Part Of Your Property?
Yes. However, if the acquisition of your property reduces the
value of the remainder, you will be compensated for such
reduction in value. Occasionally, a project or action will increase
the value of a remaining parcel. When this occurs, generally no
reduction is made from the purchase price of the parcel acquired
by the airport owner; however, the determination of damages
and/or benefits to the remainder depends on the provision of the
State law in which the property is located. If the acquisition of a
portion of your property leaves an "uneconomic remnant," the
Uniform Act requires that the airport owner offer to acquire the
remnant at its fair market value.
What Is An Uneconomic Remnant?
An "uneconomic remnant" is that portion of a property remaining
after acquisition, the retention of which provides little utility or
economic benefit to the .owner. This can result from difficulty of
access, a changed highest and best use, remoteness, or other
reasons which burden the owner with expenses and
responsibilities not commensurate with the benefit of keeping the
remaining remnant.
37. The Plan relates to this policy by authorizing purchase of entire parcels of
land instead of portions of parcels so as to eliminate any controversy about
• leaving an uneconomic remnant.
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