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Home My WebLink AboutAirport Development ProposalDeschutes 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 WORK SESSION of July 11, 2012 Please see directions for completing this document on the next page. DATE: June 27, 2012 FROM: Kevin Harrison Community Development Department 385-1401 TITLE OF AGENDA ITEM: Scheduled for July 25: A continued public hearing to consider a proposal to change the Comprehensive Plan Map designation of the subject property from Agriculture to Airport Development, and rezone the property from Exclusive Fann Use to Airport Development-Airport Support District. PUBLIC HEARING ON THIS DATE? Yes. BACKGROUND AND POLICY IMPLICATIONS: Gibson Airpark, LLC (applicant) applied for a Plan Amendment and Zone Change (PA-08-3, ZC-08-3) for property located at 22525 Nelson Road, and identified on Deschutes County Assessor's map 17-13 20 as tax lots 400 and 403. The proposal would change the Comprehensive Plan Map designation of the subject property from Agriculture to Airport Development, and rezone the property from Exclusive Fann Use to Airport Development-Airport Support District. A public hearing was held before the Deschutes County Hearings Officer on December 16, 2008. Based on information in the record, the Hearings Officer denied the application in a decision dated January 22,2009. Following the public hearing before the Hearings Officer, a public hearing was held before the Board of County Commissioners ("Board") on February 28,2009. At that hearing, the Board indicated that an update to the Bend Municipal Airport Master Plan was necessary before the Board would consider a Plan Amendment and Zone Change. In response, the applicant requested a continuance of the public hearing to August 3,2009, which was granted by the Board. On July 27,2009, the applicant submitted a letter into the record requesting a second continuance of the public hearing to the summer of 20 1 0 to allow time for the City of Bend to complete the Airport Master Plan update. At the August 3, 2009 public hearing, the Board granted a continuance to February 10, 2010. The applicant submitted letters into the record (January 21 and 27,2010) requesting a continuance of the February 10,2010 hearing to the spring of2011. This continuance would allow time for the City of Bend to complete the Airport Master Plan update. At the public hearing on February 10, 2010, the Board granted the requested continuance to July 13,2011. At the public hearing on July 13,2011, neither the applicant nor his representative was present. The Board, on their own motion, continued the public hearing to July 16,2012. This hearing follows. Additional material relevant to this case is attached in a memo from staff. ! I I I t I I I t i FISCAL IMPLICATIONS: None. RECOMMENDATION & ACTION REQUESTED: I As determined by the Board. I ATTENDANCE: Kevin Harrison, Principal Planner I DISTRIBUTION OF DOCUMENTS: IKevin Harrison Triton-America LLC f 13593 Bayview Edison Road Mount Vernon, W A 98273 Patrick Gisler PO Box 620 Slough House, CA 95683 William Van Vactor & Jeffrey Wilson f JMiller Nash LLP 446 NW Third Street, Suite 230 Prineville, OR 97754 Gary Judd Bend Airport Manager PO Box 431 Bend, OR 97709 Community Development Department Planning Division Building Safety Division Envlronmental 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/ MEMORANDUM To: Deschutes County Board of Commissioners From: Kevin Harrison, Principal Planner I Date: June 27, 2012 r• Re: Plan Amendment and Zone Change for Gibson Airpark LLC {PA-08-3/ZC-08-3} The Board is scheduled for a continued public hearing on the above-referenced land use applications on July 16, 2012. The following information serves as a staff report and is designed to provide background information and context for the hearing. HEARINGS OFFICER DECISION The Hearings Officer held a public hearing on these applications on December 16, 2008. The Hearings Office denied the applications by written decision dated January 22, 2009. The basis for the denial was two-fold: 1) The proposal is not consistent with Statewide Planning Goal 2, and 2) There has not been a change of circumstances that warrants re-designating the site for airport-related uses. Goal 2 requires that all decisions and actions related to use of land have an adequate factual base. In this case, the Hearings Officer determined that a significant component of the required factual base is consistency with the adopted Bend Municipal Airport Master Plan (1994. amended 2002). In the burden of proof, the applicant argued that the proposed amendments were necessary to accommodate a growing demand for additional land at the Bend Airport to f support future uses. The Hearings Officer disagreed and found that the Airport Master Plan indicates that there is sufficient land available throughout the 2002-2021 planning period. I Deschutes County Code (DCC) 18.136.020 details four (4) factors that must be considered when reviewing a proposed zone change. The factor under subsection '0' states, "That there f has been a change in circumstances since the property was last zoned, or a mistake was made in the zoning of the property in question." For this criterion, the applicant argued that there are two pieces of evidence to support its contention that there has been a change in circumstances I tthat warrants a re-designation. First, the applicant states that the purchase by the City of Bend of a portion of tax lot 400 essentially bisects that tax lot and makes the application of irrigation I water impracticable. Second, the applicant argues that the Bend Airport has changed since it I rwas originally zoned. resulting in a need for additional land zoned for airport use. The Hearings Officer disagreed and found that there is insufficient evidence to support a finding that there has I f i (Quality Services Performed with Pride ! ! 1I I I been a change in circumstances since the property was last zoned that warrants a rezone. At the public hearing before the Board on February 28, 2009, the Board indicated that an update to I the Bend Municipal Airport Master Plan was necessary before the Board would consider i r changing the plan and zone map designations. A series of continuances have followed to allow for the update to the master plan. ••fUPDATE OF BEND MUNICIPAL AIRPORT MASTER PLAN The Bend Airport Master Plan (BAMP) update is now in the closing stages with a draft expected I to be submitted to the Federal Aviation Administration (FAA) in the next few months. The consultant and city staff will present the draft BAMP to the City Council and Board at a joint work l session on July 10. The preferred altemative extends the runway to the north and moves helicopter operations and storage to the east side of the airport. The BAMP includes a 20-year Capital Improvement Projects (CIP) list. In the next month the City should also have a draft land use component, which they will present to the Technical Advisory Committee (TAC) for review and discussion at a future meeting. Ultimately, the City will apply to the County for amendments to the Comprehensive Plan map and text, the zoning map and the text of land use regulations in order to implement the BAMP. I Within 1-5 years, the Bend Airport CIP anticipates negotiating with the County to purchase county-owned land to the northeast of the airport. In 6-10 years, the CIP antiCipates the purchase of land which is the subject of the current land use applications for a few hangars I Ialong Powell Butte Highway and to buffer the airport from encroachment and incompatible land uses. The current zoning is appropriate to provide this buffer. Also in 6-10 years, the CIP anticipates relocating Powell Butte Highway and extending runway 16 to the north. DISPOSITION OF APPLICATION Neither the applicant nor his representative attended the hearing before the Board on July 13, 2011. Staff provided written notice to the applicant and his representative before and after the hearing; neither have responded. According to Assessor's records, the subject property was sold in November 2011 to Triton-America LLC, with a Washington state mailing address. At this point it is clear that the applicant has abandoned the project. SCHEDULE The Board is scheduled for a work session on this matter on July 11,2012, with the continued public hearing on July 16, 2012. Please feel free to contact me if you have any questions.