HomeMy WebLinkAboutBend Airport Zone Chg Fee Waiver RequestCommunity Development Department
Planning Division Building Safety Division Environmental Soils Division
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117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
TO: Board of County Commissioners
FROM: Nick Lelack, Community Development Director
DATE: May 9,2014
RE: Fee Waiver Request -Bend Airport Zone Change
Summary I Background
The City of Bend is seeking a fee waiver of $5,000 for a zone change within the current boundaries
of the Bend Airport.
The zone change is to ensure 1) the correct boundaries of the Airport Development (A-D) zone
appear on the County's zoning map, and 2) that the three A-D subzoning districts adopted by the
County in Ordinance (Ord.) 2003-036 appear correctly on the County's zoning map.
Under the County's current fee structure, a zone change is $4,920 plus actual costs of services for
providing public notice. The City in the attached request for a full waiver has indicated it would
accept a fee waiver of half that amount.
The A-D zone was created in 1980 the same year the Bend Airport received an exception to
Statewide Planning Goal 3 (Agriculture). The 340 acres of the A-D zone were mapped in 1982.
When the County's paper maps were digitized in the mid-to late 1990s, there was apparently an
introduced error for the A-D zone. The 16 acres of land on the northeast portion of the airport was
misidentified as Exclusive Farm Use (EFU) instead of A-D. The City updated the Bend Airport
Master Plan in 1994, but did not submit a land use application to the County. Thus, the EFU
mapping error was not discovered until the 2002 Bend Airport Master Plan (BAMP) Update. Board
of County Commissioners (BOCC) Ord. 2002-035 adopted the 2002 BAMP into the County's
Comprehensive Plan.
The 2002 BAMP Update created several zoning districts at the airport: Airfield Operations District
(AOD), Aviation Support District (ASD), and Aviation-Related Industrial District (ARID). BOCC Ord.
2003-036 repealed and replaced the A-D zoning ordinance (18.76) in its entirety. Due to a
procedural error, the zoning maps for the AOD, ASD, and ARID zoning districts were not adopted.
The error was discovered in March 2014 when City and County staff were preparing presentation
materials for an open house as part of a federal Environmental Assessment to relocate helicopter
operations to the northeast side of the airport. The proposed helicopter site is the same 16 acres
shown on the County's GIS map as zoned EFU, but which was rezoned as A-D in 1982.
Discussion
The City states there is a public benefit to the County waiving the fee as the correct boundaries of
the A-D zone will be displayed on the County's zoning map. In addition, the City states the zoning
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map will reflect the correct boundaries of the A-D's AOD, ASD. and ARID districts. Currently, there
is only A-D zoning at the airport, not AOD, ASD, or ARID due to the procedural error regarding the
maps. The City discovered the 2002 procedural error while researching the EFU vs. A-D zoning on
the 16 acres.
County Staff agrees there was an error during the transition from paper to electronic maps and the
A-D zone should be applied to the 16 acres on the northeast side of the airport.
The City acknowledged the error on page 12 of the 2002 BAMP Update and agreed to fix it:
However, during a review of existing zoning for this project, it was discovered
that a small area near the northeast corner of the airport is zoned Exclusive Farm
Use (EFU), rather than Airport Development (AD) zoning. County planning staff
indicated that this was most likely an oversight which may have been created by
a mapping error at some earlier point. The City will pursue re-zoning the small
area from EFU to AD at some time in the future. "
The City is now pursuing the re-zoning from EFU to AD, and requesting a full or partial fee waiver
from the County to help correct this error.
County staff agrees the zone change to accurately portray the location of the AOD, ASD. and ARID
subdistricts in the A-D zone will be a public benefit as applicants will know the allowed uses at the
Bend Airport.
BOCC Decision
The BOCC's options include the following:
1. Approve a full fee waiver and find that the action is in the public benefit per the fee waiver
policy (attached).
2. Approve a partial (Le., 50%) fee waiver and find that the action is in the public benefit per the
fee waiver policy.
3. Deny the fee waiver request.
Attachments
1. City of Bend Fee Waiver Request
2. Fee Waiver Policy
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710 NW WALL STREET
PO Box431
BEND, OR 97701
(541] 388-5505 TEL
[541]385-6676 FAX
BENDOREGON.GOV
JIM CLINTON
Mayor
JODI!: BARRAM
Mayor Pro Tern
VICTOR CHUDOWSKY
City Councilor
DOUG KNIGHT
City Councilor
SALLY RUSSELL
City Councilor
MARK CAPELL
City Councilor
ScOnRAMSAY
City Councilor
ERIC KING
City Manager
Sy:~VED
APR 1 6 2014
DEliVERED BY:
April 16, 2014 -----
Nick Lelack, Director
Deschutes County Community Development Department
117 NW Lafayette Ave
Bend, OR 97701
RE: Fee Waiver Request for Forthcoming zone change application
from City of Bend
Dear Nick:
The City of Bend respectfully requests a fee waiver in the amount of
$5,000 for an application for a zone change. The purposes of this
requested zone change are twofold. First, to ensure the correct
boundary of the Airport Development (AD) Zone as applied to the Bend
Airport property is reflected on the County's official zoning map. Second,
to correctly reflect the districts adopted for the Bend airport through
Ordinance 2003-036 on the County's official zoning map.
The request for the fee waiver is based in part on changes in the
boundary of the AD zone that were inadvertently made in the early
1990s. The City has examined the County ordinances through which
the AD Zone was adopted and then applied to the Bend Airport property.
These documents correctly show the County adopted an exception to
Goal 3 for this property and that the AD Zone boundaries matched the
boundary of the property for which the exception was adopted.
We understand that sometime in the early 1990s when the County was
converting its official plan and zoning maps to an electronic format that
an error was likely made in how the boundary of the AD zone was
digitized. We found that the error was not discovered until very recently
as the City was completing a 2013 airport master plan for the Bend
Airport.
At the same time, we also found that the zoning districts adopted through
Ordinance 2003-036 were not reflected on the County's official zoning map.
Through this ordinance, the County adopted three (3) sub-districts and
incorporated them in DCC Chapter 18.76. These same districts were not
mapped concurrently with or after the adoption of this ordinance.
The City was not aware that this application would be needed to ensure the
1982 AD zone boundary and the sub-districts are correctly reflected on the
County's official zoning maps.
There is a public benefit to the County waiving the fee in this situation. The
City benefits by ensuring that the boundary of the AD zone is correctly
displayed on the County's official zoning map. In addition, the public who
uses the airport property and its structures benefits from an accurate
application of the zoning districts applied to the airport under DCC Chapter
18.76.
The City acknowledges that this application for a zone change would not be
necessary if the AD Zone was correctly reflected on the County's official
zoning maps, and the zonillg adopted through Ordinance 2003-036. That
said, we understand that these errors were made before current County staff
were involved. The City would accept a waiver of half of the fees to recognize
the work Community Development Department Staff have completed to assist
us in this manner and to ensure that the zoning for the Bend Airport is
accurate. We don't have an accounting of how much staff time went into
dOing this research, and expect that it was significant and was not accounted
for in the County's budget for this year.
Please contact Assistant City Attomey Gary Firestone or Senior Planner
Damian Syrnyk if you have any questions.
Sincerely,
C~
Eric King
City Manager
CC: Gary Firestone
Damian Syrnyk
Community Development Department
Planning DiVision Building Safltty Division Environmental Soils Division
P.O. Box 6005 117 NW Lafayette Avenue Bend. Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
FEE WAIVER REQUEST FORM
Name of Individual/Organization: ---I.fi(::::...:...i2...-:..../C=-......JL...;L::;..L..I.L..:lv~G:....r...l.I.....;:C::::·_I....:.l_lJ..(~()_~_....!.8~£:;;..-_f-..J_D-,-,....:.cJ;;..-.Q-:-,..___
Address: II () N wW /I-LL 5, City/State/Zip: 'i§ G'f...JC:>. e-i K. Phone: e.:!!.J 58 B-S5 .:;;S
Cj'/701
Type of Permit and Fees:
[J Building $_____________ [v(Planning $ 5, 000, Q0
[J Subsurface Sewage $,_________ [ ] Other: $_________~_
Total amount of fee(s) requested to be waived: $-",5"'--1-'""o.""d=-:).-'=oJo:;.;;:..____~______
The applicant shall provide a written explanation of the request and explain why one or more of the criteria
below are satisfied. The request will be reviewed by the Community Development Director and a response will
be provided within ten (10) business days.
Criteria that must be met to qualify for a Fee Waiver:
A. The applicant meets the criteria for indigency and at least one of the following conditions. Indigence shall
be established by the financial hardship process attached (refer to Affidavit of Indigence and Request
for Fee Waiver form).
1, There is an immediate need of the Community Development Department's services to protect the
applicant's or public's health or safety.
2. Granting the fee waiver will create a long-term efficiency for a Code Enforcement issue.
B. The request is from a nonprofit organization that has encountered an extraordinary hardship which could
not have been anticipated in planning for and funding of the project; and the fee waiver will benefit the
community.
(NOTE: The Community Development Director may require performance of community services for some
or all of the waived fees.)
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Community Development Department
Planning Division Building Safety Division Environmental Soils Division
P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
FEE WAIVER POLICY
Effective January 4. 2006. the Deschutes County Board of Commissioners approved Ordinance
Nos. 2006-001, 2006-002 and 2006-003. delegating authority to administer and approve septic permit, building
permit. and land use permit fee waiver requests to the Community Development Director and County
Administrator (DOC 13.0B, 15.04.160 and 22.0B.01 0).
The Board of County Commissioners of Deschutes County has delegated full authority to the
Community Development Department (COD) Director to administer this policy. with the exception of Items #7
and #B.
POLICY GUIDELINES:
~ 1. Fee waivers under this policy provide a public benefit.
I 2. With the adoption of this policy and continuing with each budget. an amount not to exceed $5,000 shall be
set aside into a hardship account within the COD budget from any savings of budgeted expenses or
excess revenue.
3. When money is available in the hardship account of COD, the COD Director may authorize fee waivers in
amounts not to exceed the fee waiver budget each year. , 4. The COD Director shall find an applicant meets one of the following criteria in granting fee waivers:
A. The applicant meets the criteria for indigency and at least one of the following conditions. Indigence
shall be established by the financial hardship process attached as Exhibit "A."
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1. There is an immediate need of the services of the Community Development Department to
protect the applicant's or the public's health or safety.
2. Granting the waiver will create a long-term efficiency of a Code Enforcement issue.
B. The request is from a nonprofit organization that has encountered an extraordinary hardship that
could not have been anticipated in planning for and funding of the project, and the fee waiver will
benefit the community.
(NOTE: Community Service may be required by the COD Director for some or a" of the waived fees.)
5. Fee Waiver requests covered above shall be submitted on a form provided by COD. Applicant shall
provide a written explanation of the request and explain why one or more of the above criteria are
satisfied. The request will be delivered to the COD Director for review and decision.
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6. The applicant may appeal the COD Director's decision to the Deschutes County Administrator. The
applicant may appeal the Deschutes County Administrator's decision to the Board of County
Commissioners.
7. The Board of County Commissioners may issue blanket fee waivers, subject to the above criterion, for
classes of hardship such as catastrophic fire.
8. The Board of County Commissioners may waive fees in any other case where the public benefit is served
and other remedies have been exhausted.
FINANCIAL HARDSHIP
Some property owners or other responsible persons who lack the financial ability to obtain permits and
approvals to pay fees established by the County for Community Development Services may receive relief. The
procedure for establishing financial hardships is set forth below:
Procedure:
In cases where the applicant appears to have insufficient resources to pay fees, the applicant may apply to
qualify for financial or other assistance within available resources and under the following procedures.
1. Criteria for Indigency
To qualify for assistance under this section, the applicant or other responsible person must demonstrate a
substantial financial hardship that makes paying the required fees impractical.
2. Fee ReductionlWaiver
An applicant may apply for a reduction or waiver of COD development fees for permits. The decision to
reduce or waive development fees will be made by the COD Director, considering the following factors:
A. The degree of the applicant's indigency;
B. The cost of the development permit(s) or approval(s) required;
C. Funds available for fee reductionslwaivers in COD's budget or in any other available funds;
and
D. Other assistance available in the community.
3. Community Service in Lieu of Fees
Upon a finding of indigency, the COD Director may order community service at the rate of $10.00
per hour in lieu of some or all waived fees. A period of time shall be established in which the
community service shall be completed.
Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 2
Community Development Department
Planning Division Building Safety Division Environmental Solis Division
P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541)388:6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
AFFIDAVIT OF INDIGENCE AND REQUEST FOR FEE WAIVER
This information is submitted in confidence and is not subject to public disclosure (ORS 192.502(2).
APPLICANT'S NAME: ___________________
I, the undersigned, am requesting a waiver of Deschutes County Fees for Community Development Services
because I cannot pay at this time without causing substantial hardship to myself and/or my dependent family.
The following information is true to the best of my knowledge and belief. I ask the CDD Director to use the
information to decide whether I may receive a fee waiver at public expense. I understand I may be required to
document or verify this information.
1. PERSONAL
Name (print): ________________________ Phone: L-) ___________
Residence Address: __________________ City/State/Zip: __________
Mailing Address (if different}: _______________ City/State/Zip: ________
Date of Birth: ________ Social Security No. _________ [ 1 Male [ 1Female
Mo/Day/Year
Marital Status: [ 1Married [ 1Single [ 1Divorced [ ] Separated [ jWidowed [lOther: ______
Complete the following information for everyone living in your household:
Name Relationship Age Monthly Income
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**Staff Use Only**
Description of fees to be waived: __________________ Est. Amount: $_____
Fee Waiver Approved: [ J Yes [ 1No __1__1_
Director, Community Development Dept. DateComments: _______________________________________
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2. EMPLOYMENT AND INCOME
Present Employer ____________ How Long Occupation __________
Address: City/State/Zip: Phone: '-l ___
Hourly wage $_____Average Hrs.lWeek: ______ Net (after tax) monthly income: _____
If unemployed, how long since you were employed: ______
Previous Employer: How Long: Occupation: _______
Address ___________________ Phone ( ___ )_____________
Spouse's Employer: How Long: Occupation: _______
Address ___________________ Phone ( ___ )_____________
Hourly Wage ...._____ Average Hrs.lWeek: ______Net (after tax) monthly income: _____
If unemployed, how long since spouse was employed: ______
Other income for you and spouse, dependents or household members (example: Social Security,
unemployment, retirement, public assistance, child support, worker's compensation, disability, etc.)
Source of Income (Describe) Amount How Long Received How Often Received
Other household members who help pay for your living expenses:
Name Amount Payment for What Describe
3. PROPERTY AND ASSETS OWNED BY YOU, SPOUSE AND DEPENDENTS
Cash Available: ______________
Savings Acc't. No: _________ Balance: $_____ Bank/Branch Office: _______
Checking Acc't. No: ________ Balance: $ _____ Bank/Branch Office: _______
Other Acc't. No: ___________ Balance: $_____ Bank/Branch Office: _______
Real Estate: Address, City Value Amount Owed Equity Payments Made
Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 4
Credit Card Name/Bank Account Number Expiration Date
Motor Vehicle MakeNear Value Amount Owed Equity Payments Made
Are any of these motor vehicles used for work (other than driving to and from work)? [ 1Yes [ ] No
All other property or assets (example: furniture, boats, guns, jewelry, tools, etc.):
Description Value Description Value
Money owed to you or spouse by others (example, tax refund, trust, judgment, etc.):
Name of Debtor Amount Owed Date Payment Expected
4. MONTHLY EXPENSES
List all expenses that are paid monthly by you, individually, or by you, jOintly with spouse: I
i RenVMortgage: $______ Utilities: $.________ Credit Card: $ _________
Car: $_______________ Medical: $________Insurance: $__________
Child Support ~__________ Court Order: $______ Other:
[] I am willing to perform Community Service to offset the public cost of my request.
[1 I unable to perform Community Service for the following reasons:
I certify that the above information is true and correct to the best of my knowledge and belief.
Applicant Signature Date
Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 5
Community Development Department
Planning Division Building Safety Division Environmental Soils Division
P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
RELEASE TO OBTAIN INFORMATION FOR VERIFICATION
(CONFIDENTIAL)
APPLICANT'S NAME: ___________________________
I understand that the County may verify my employment and financial situation to determine my eligibility for a
fee waiver. I understand that some of the information necessary for this verification is contained in records that
are protected under federal and state laws. I have therefore signed this release which allows public and private
organizations and individuals to provide the County or its designee with requested information. I understand
that organizations and individuals which may be contacted include but are not limited to:
• Social Security Administration
• State Department of Revenue
• Mortgage Holder
• Department of Motor Vehicles
• Employment Division(s)
• Utility Companies
• Worker's Compensation Disability Provider
• Adult and Family Services Division
• Landlords
• Private Disability Insurance Provider
• Private Ufe Insurance Provider
• Past Employers
• Release Assistance Office
• Credit Card Holders
• Credit Bureaus
• Schools and Colleges
• Banks, Savings & Loans, Credit Unions (requesting savings, stocks, bonds, checking, loan and credit
information including copies of applications)
• Other:________
By signing this release, I specifically authorize the County or its designee to directly contact my current
employer by telephone or in writing, and to release and utilize my address as needed by the Board of County
Commissioners or its designee.
Applicant Signature Date
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Community Development Department
Planning Division Building Safety Division Environmental Soli. DivI.lon
P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541 )388-6575 FAX (541 )385-1764
http://www.co.deschutes.or.us/cdd/
FEE WAIVER REQUEST FORM
Name of Individual/Organization: ___________________________
Address:._______________ City/State/Zip: Phone: L-) ___
Type of Permit and Fees:
[] Building $_____________ 1 Planning $____________
[] Subsurface Sewage $,__________ ] Other: $____________
Total amount offee(s) requested to be waived:
The applicant shall provide a written explanation of the request and explain why one or more of the criteria
below are satisfied. The request will be reviewed by the Community Development Director and a response will
be provided within ten (10) business days.
Criteria that must be met to qualify for a Fee Waiver:
A. The applicant meets the criteria for indigency and at least one of the following conditions. Indigence shall
be established by the financial hardship process attached (refer to Affidavit of Indigence and Request
for Fee Waiver form).
1. There is an immediate need of the Community Development Department's services to protect the
applicant's or public's health or safety.
2. Granting the fee waiver will create a long-term efficiency for a Code Enforcement issue.
B. The request is from a nonprofit organization that has encountered an extraordinary hardship which could
not have been anticipated in planning for and funding of the project; and the fee waiver will benefit the
community.
(NOTE: The Community Development Director may require performance of community services for some
or all of the waived fees.)
Quality Services Performed with Pride