1990-36799-Ordinance No. 90-042 Recorded 12/7/199090-36799
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
An Ordinance Amending Ordinance
No. PL -10, the Bend Area General
Plan, to Designate the Bend
Parkway Corridor as a Principal
Arterial, to Designate Minor
Arterial and Collector Connections
to the Bend Parkway, to Adopt a
Principal Arterial Access
Management Policy, and Declaring
an Emergency.
REVIE v ED
1365
DESCHUTES COUNTY, OREGON
V.f:�OFILMED
*
tic -
C,:) r^C`a
ORDINANCE NO. 90-042
WHEREAS, the Oregon Department of Transportation, Deschutes
County and the City of Bend have proposed a new principal arter-
ial corridor, known as the Bend Parkway Corridor, in which to
relocate the existing U.S. Highway 97 through Bend; and
WHEREAS, a portion of the Bend Parkway Corridor is proposed
to be located within the existing Division Street right-of-way,
but other portions of the Bend Parkway Corridor are proposed to
be located in new rights-of-way with new alignments which are not
now designated in the Transportation Element of the Bend Area
General Plan; and
WHEREAS, new minor arterial and collector connections to the
Bend Parkway have been proposed by the Oregon Department of
Transportation, Deschutes County and the City of Bend, and these
proposed connections are not now designated within the Public
Facilities Plan of the Bend Area General Plan; and
WHEREAS, the proposed Bend Parkway Corridor and the proposed
minor arterial and collector connections to the Bend Parkway must
be designated in the Bend Area General Plan before the Oregon
Department of Transportation is authorized to construct the Bend
Parkway facility and before the County and the City of Bend are
authorized to construct the minor arterial and collector connec-
tions to the Bend Parkway; and
WHEREAS, new plan policy language is necessary to assure
limited access and access management on principal arterials,
including the Bend Parkway Corridor; and
WHEREAS, following notice as required by law, the Bend Urban
Area Planning Commission conducted a public hearing on the pro-
posed Bend Parkway Corridor amendments to the Bend Area General
Plan on June 4, 1990; and
1 - ORDINANCE NO. 90-042 (11/28/90)
df�,
105 - 1366
WHEREAS, following notice as required by law, the Board of
County Commissioners conducted a public hearing on the proposed
Bend Parkway Corridor amendments to the Bend Area General Plan on
November 5, 1990; and
WHEREAS, the Board of County Commissioners has reviewed the
entire record of the proposed Bend Parkway Corridor; now, there-
fore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. That the Bend Area General Plan Transportation
Map shall be amended as shown in Exhibit "A," attached hereto and
incorporated by reference herein, to designate the Bend Parkway
Corridor as a principal arterial.
Section 2. That the Public Facilities Plan of the Bend Area
General Plan shall be amended as indicated in Exhibit "B,"
attached hereto and incorporated by reference herein, to desig-
nate the minor arterial and collector connections to the Bend
Parkway.
Section 3. That the Circulation Element of the Bend Area
General Plan shall be amended as indicated in Exhibit "C,"
attached hereto and incorporated by reference herein, to desig-
nate the Bend Parkway Corridor as a principal arterial.
Section 4. That the Transportation Element of the Bend Area
General Plan shall be amended to include a new policy entitled
"Access Management Policy for Principal Arterial Facilities,"
attached hereto as Exhibit "D," and incorporated by reference
herein.
Section 5. That the Board of County Commissioners hereby
adopts as it findings and conclusions in support of the amend-
ments in Sections 1 through 4 of this Ordinance the document
entitled "Planning Commission Report and Recommendation in
Support of an Amendment to Transportation Element Designating a
Bend Parkway (Highway 97) Corridor as Principal Arterial and
Revising the Street Project List Within the Public Facilities
Plan," attached hereto as Exhibit "E," and incorporated by
reference herein.
Section 6. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Ordinance takes effect on its
passage.
2 - ORDINANCE NO. 90-042 (11/28/90)
` 105 1367
DATED this day of , 1990.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES CO TY, OREGON
I OW RANTE, Commissioner
AT T• TOMT R OP C 'r
Recording Secretary EMCK MA DL , ommissioner
3 - ORDINANCE NO. 90-042 (11/28/90)
EXHIBIT "B"
1Q -° 1368+
Amendments to the Public Facilities Plan
for the
Highway 97 BEND PARKWAY PROJECT
The arterial and collector Improvement List shall be
revised as shown on the attached pages marked Page 11,
12, and 13 Public Facilities Plan
100 • 1369
Arterial and Collector Improvement List
Rough Cost Estimates (Excluding Right
of Way)
Revised March, 1990
Project
Cost
Provider
Ponderosa
Mur rAyy g to Lava Butte - widen to $
5,704,000
ODOT
Hwy. 97, .
5 lanes
i5+ }, Street,nod M r- of
Ree d—Market � y c r i rl o n ?� i li o na4}
ewa c
'cvurrcZ
az
8th -9th connector - realign 9th to intersect
104,700
City
8th at Emerson, pave, curb, sidewalk
Hwy. 97/3rd St. underpass - widen 4 lanes
3,500,000
ODOT
9DGT
End of pavement east of
- Boyd Acres to Deschutes Market
830,000
County
Cooley Road
_
(Anderson Rd.)
Empire Blvd." - end of pavement to O.B. Riley
170,000
County
Empire Blvd. - Boyd Acres to Yeoman Rd.
720,000
County
Frontage Road between Cooley Rd. & Hwy. 20
216,000
County
Frontage Road, Empire north to Mt. View Mall
6,000
entrance
Div
nivis}ate--S - .p
Hwy. 20, 12th St. to Powell Butte Rd., widen
2,500,000
ODOT
Hwy. 20, Deschutes River to Hwy. 97 intersection, 913,000
ODOT
widen
Page 11, Public Facilities Pla:
Page 12, Public Facilities Plan
V
A 1 3 1 O
Cost
Provider
Project
i rlac.t�
gra bridge, c
City/
grade
Butler Mkt. Rd., Hwy. 97 to Studio Rd., g
670,000
County/
pave bridge canals, curbs, sidewalks
State
180,000
City
Wils-n - Division to Pelton
�.�g
ODOT/
Wilson Ave., 5th to Division - widen, improve
340,000
County
radius, sidewalk
Reed Market Rd., Newberry to 27th
520,000
County
Reed Lane, Hwy. 97 to Parrell Rd. - widen
25,000
County
SE 15th, Reed Market to King Hezekiah
30,000
County
sidewalk
Reed Market/Arthur Ave., 3rd to Blakely Rd.
675,000
City/
County
Lodgepole Dr., Mahogany to Brookwood
135,000
County
Brosterhous
to 15th, grade, pave,
170,000
County
Murphy Rd., fir --r_tiat-j-en
sidewalks, 2 lanes plus turn lanes at major
intersections
Brosterhous realignment - grade, pave, sidewalk,
740,000
County
2 lanes
Ferguson, 27th west to existing road - realign
35,000
County
Portland to Penn - grade, sidewalk, 2-3 lanes
743,000
City
Purcell, Wells Acres to Butler Market
85,800
City
Mt. Washington, Valhalla to Deschutes River,
1,726,400
City
grade, pave, sidewalk, bike path
85,000
County
Williamson, Hwy. 20 to Bear Creek
Mt. Washington, Shevlin Park Rd. south to Century
916,000
County/
City
Drive, grade, pave, sidewalk, bike path
Bear Creek, realign through to Franklin
100,000
City
Page 12, Public Facilities Plan
Project
Shevlin Park Road, College Way to Valhalla
15th Street, Bear Creek to Hwy. 20
Neff Road, 27th to Hamby Road
105 1371
Cost Provider
348,000 City
129,200 City
585,000 County/
City
Page 13, Public Facilities Plan
260,000
City
27th St., Neff to Hwy. 20
Bear Creek, Craven to SE 27th Street
350,000
County
Newport, College Way to Deschutes River
290,400
City
Simpson Avenue, dump west to Mt. Washington
238,000
County
Century Drive, Colorado south to UGB, widen
100,000
ODOT
108,800
City
NW 9th St., Newport to Trenton
300,000
County
Brinson, Butler Mkt. to Brinson
154,000
City
Wells Acres, Purcell to 27th
116,800
City
Purcell, Neff to Williamson
178,000
City
NE 4th, Addison to Butler
Revere St. - Deschutes Place to Hill
..10,000
ODOT
370,000
ODOT
Hill St. - Revere to Portland Ave.
Highway 97 - Bend Park Way Rd.
to vicinity of Murphy
38,000,000
State
Sisters Interchange
Pinebrook
150,000
County
Brookswood Ave. - Power to
Brookswood
320,000
County
Power Rd. - Parrell Rd. to
Parrell Road, Brosterhous to China Hat
975,000
Blakely.Rd./Brookswood, Arthur to Ponderosa
500,000
10,300
Hawthorne, Division to Hill
Skyline, Mt. Washington to Mt. Washington
556,100
Arthurtaro n; T r ; C ke-
$
Page 13, Public Facilities Plan
EXHIBIT "C"
105 1372
RECOMMENDED TEXT AMENDMENTS
Page 22
PROPOSED CHANGES TO CIRCULATION ELEMENT
BEND AREA GENERAL PLAN
[Section numbers correspond to
numbers in right margin of
existing transportation element]
(1) Page 2, paragraph 2 - replace with the following:
North -south traffic volumes on Highway 97 (3rd Street) corridor
are expected to grow to about 80,000 ADT in 2015, far exceeding
the capacity of 3rd and Division Streets. Capacity of 3rd
Street is limited by signals.
(2) Page 3, paragraphs 1 & 2 - replace with the following:
The transportation model shows that there will be inadequate
east -west capacity across the river, railroad tracks and 3rd
Street. The north -south capacity along existing Highway 97 and
Division Street will also be inadequate to meet future traffic
needs.
(3) Page 4, paragraph 1 - replace with the following:
1
RECOMMENDED TEXT AMENDMENTS
135 -a-1373
Page 23
The functional classifications of the major street network are
shown on [Map C] the Bend Area General Plan map in terms of
existing roads. The Bend Area General Plan map shows the
existing major network and future road proposals for the urban
growth area. The following discussion addresses the future
plans for implementation and corridors by functional
classification:
(4) Page 4, insert the following before Urban Minor Arterials:
PRINCIPAL ARTERIALS
There are three routes designated as principal arterials,
existing 3rd St., Highway 20 and the Bend Parkway corridor.
These routes have a variety of needs which are discussed by
route:
Highway 20. This route enters the urban area from the
northwest as a two lane facility joining highway 97 at the
Sisters interchange. It [R]runs coterminous with Highway 97 to
Greenwood Avenue and turns east on Greenwood as a five lane
facility to 12th Street. East of 12th Street Hwy 20 goes
around Pilot Butte and passes out of the urban area as a two
lane road.
105 = 1374
RECOMMENDED TEXT AMENDMENTS Page 24
[General improvement needs for this route beginning at the
route's entrance on the northwest are:] Several improvements
are needed for this route beginning at the north end.
There is a general need for widening and alignment improvement
for capacity and safety. There is a need for extension of the
frontage road system around the Sisters interchange to protect
the capacity and safety of the two highways and to provide
access to abutting properties.
The section from Sisters interchange to Greenwood Avenue is a
five lane facility. It lacks sidewalks and bike paths for much
of this section. This is a built up area and major
intersections are controlled by signals. Additional signals
will be needed in this section to promote east -west traffic
circulation.
From Greenwood east to 12th, the route is a five lane facility.
From 12th Street on, it is two lane with some left turn
refuges. This section is planned for widening and realignment
to provide capacity and safety. The realignment will move the
grade of Highway down on Pilot Butte to allow the construction
of an intersection with 15th Street. Access management and
consideration for frontage roads is needed, particularly from
Pilot Butte east to the UGB.
t
i
1
le E
105 - 1375
RECOMMENDED TEXT AMENDMENTS Page 25
Bend Parkway. As a section of Highway 97, the Bend Parkway
will be part of the Access Oregon Highways (AOH) System. The
goal of the AOH system is to provide for the economic growth of
Oregon by moving through traffic safely and efficiently between
geographic areas within Oregon and between Oregon and adjacent
states.
The route begins at the Sisters interchange and extends south
[parallel] adjacent to the railroad, then crossing 3rd St.
south of the Hampton Inn. It then follows 2nd St. to Thurston
where it crosses Division St. It follows Division St.
generally to Cleveland Avenue where it bears west and runs
generally parallel[s] to the existing highway 97. [to merge
back] The Parkway connects with the existing Highway 97 in the
vicinity of Murphy. The alignment of the route could vary
either side of the corridor along Division Street to best meet
the needs of the route to preserve access to existing
businesses, and to maintain a high level of capacity and
traffic safety. The route is being designed to be limited
access as much as possible. Grade separations, interchanges at
major intersections, and a raised median along much of its
length are proposed to ensure that the capacity and safety of
the route is maintained at a high level. This corridor and the
existing 3rd Street will provide for traffic demand forecast by
ODOT through 2015. The corridor will provide for both through
trips and trips within the urban area.
i ■
105 •-1376
RECOMMENDED TEXT AMENDMENTS Page 26
The City, County, and ODOT have developed an access management
agreement and policy for the new corridor. The plan and policy
should provide for protection of the capacity of the new route,
protection for the east -west arterial traffic movements and
overall safety of the public.
3rd St. south of Greenwood Ave. This section of 3rd St. will
remain a principal arterial after the Parkway is has been
constructed within the corridor described above. It is the
major business street within the urban area and substantial
business growth is expected along this street, particularly the
southern segment.
[(1)] There is a need to also apply access management plan and
policy to this route.
[(2)] Signals on this route will determine future east -west
street routes and control the overall capacity of the street.
The City, County, and ODOT need to prepare and adopt a signal
location plan for this route. The plan would provide for
east -west traffic movements and sustain the capacity of the
existing facility.
[(3)] The Franklin Avenue railroad underpass in the center of
town needs to be widened to four lanes.
105 _,w 1377
RECOMMENDED TEXT AMENDMENTS Page 27
[(4)] Both the existing Highway 97 and the new Parkway
corridor will need to provide for easy access between the
routes to facilitate access to the existing businesses and to
downtown.
(5) Page 4, paragraph 1 under Urban Minor Arterials - [delete
the first seven lines.] replace the first seven sentences with
the following:
Division Street is designated as an urban minor arterial and
currently runs from Mt. Washington Drive on the north to
Brosterhous Road on the south. Division Street is a major
north -south route the parallels Highway 97 and has proven to
be a significant relief for 3rd St./Hwy 97 traffic. It will
continue to serve as a minor arterial until the Bend Parkway
is completed in the mid 1990s. After the Parkway is built
the remaining north segment of Division Street from Mt.
Washington Drive to Revere Street will remain as a local
minor arterial. The short segment of Divsion south of
Cleveland Avenue will become a local collector street.
(6) Page 5, paragraph 5 - replace with the following:
[Colorado Avenue extends from Bend Parkway west to 14th Street.
Colorado is part of the ODOT's Century Drive highway. Traffic
volumes are expected to increase substantially, and the
connection to Bend Parkway is proposed as a interchange.]
r
105 _,w 1377
RECOMMENDED TEXT AMENDMENTS Page 27
[(4)] Both the existing Highway 97 and the new Parkway
corridor will need to provide for easy access between the
routes to facilitate access to the existing businesses and to
downtown.
(5) Page 4, paragraph 1 under Urban Minor Arterials - [delete
the first seven lines.] replace the first seven sentences with
the following:
Division Street is designated as an urban minor arterial and
currently runs from Mt. Washington Drive on the north to
Brosterhous Road on the south. Division Street is a major
north -south route the parallels Highway 97 and has proven to
be a significant relief for 3rd St./Hwy 97 traffic. It will
continue to serve as a minor arterial until the Bend Parkway
is completed in the mid 1990s. After the Parkway is built
the remaining north segment of Division Street from Mt.
Washington Drive to Revere Street will remain as a local
minor arterial. The short segment of Divsion south of
Cleveland Avenue will become a local collector street.
(6) Page 5, paragraph 5 - replace with the following:
[Colorado Avenue extends from Bend Parkway west to 14th Street.
Colorado is part of the ODOT's Century Drive highway. Traffic
volumes are expected to increase substantially, and the
connection to Bend Parkway is proposed as a interchange.]
105 - 1378
RECOMMENDED TEXT AMENDMENTS Page 28
Colorado Avenue extends from Division Street west to 14th
Street connecting to Century Drive. Colorado is part of ODOT's
Century Drive Highway and traffic volume on this route has
increased substantially in recent years. Division Street in
this area will be replace by the Bend Parkway. The Colorado
Avenue connection to the Bend Parkway is proposed as an
interchange.
(7) Page 7, paragraph 1 - delete. (See #2) Revise to read as
follows:
[Division Street, from Hwy. 97 to Revere will remain as a local
arterial. Revere and Hill Streets will become the arterial
street connection to downtown as function as part of the new
Parkway interchange at Revere St.] The Bend Parkway will have
a half -cloverleaf intersection with Revere Avenue. The Revere
Avenue -Hill Street route will become the main north arterial
street connection to downtown from the Bend Parkway.
(8) Page 11, No. 24 - revise to read as follows:
24. The Bend Parkway corridor shall be designed with
limited access to ensure public safety and future
traffic carrying capacity.
(9) Page 11, No. 26 - revise to read as follows:
Y ■
RECOMMENDED TEXT AMENDMENTS
105 1379
Page 29
26. When the new Highway 97 is built within the corridor
north of the Bend River Mall Avenue, the area currently
designated on the plan or zoned IG may be rezoned to
Commercial or Light Industrial, provided the access to
these areas is from a frontage road or local street
system and not directly to the new highway. The route
shall be designated a landscaped street with an
appropriate landscaped yard required in the zoning
ordinance.
(10) Page 11, No. 27 - 31, add a new policies to read as
follows:
27. The language of the Access Management Policy for
Principal Arterial Facilities is adopted by reference
as part of the Bend Area Comprehensive Plan.
28. To meet the objectives of the AOH system, to protect
the integrity of the route's through capacity, and to
promote public safety, the Bend Parkway will be
planned, constructed, and managed to limit direct
access to the facility.
29. To maintain the viability of the existing Third Street
and downtown business districts, the Bend Parkway will
provide convenient access to these areas to the
greatest extent practicable.
r
105 • 1380
RECOMMENDED TEXT AMENDMENTS Page 30
30. Design and maintenance of the Bend Parkway shall, to
the greatest extent practicable, incorporate visual
quality considerations.
31. The construction of [Highway 97 within the corridor
shall] the Bend Parkway shall, to the greatest extent
possible, include landscaping, sidewalks, and bike
paths.
(11) The Bend Area General Plan map shall be amended to include
the Bend Parkway corridor as a principal arterial and
necessary connection to the arterial and collective system.
\PLANNING\PARKWAY\97AMEND.REv
EXHIBIT "D" 1 0 r
ACCESS MANAGEMENT POLICY FOR:
PRINCIPAL ARTERIAL FACILITIES
PURPOSE
The purpose of this policy is to identify standards and
procedures to preserve the capacity of the principal arterials
to carry traffic efficiently at high levels of service and to
ensure safety. The function of the principal arterial is
primarily to provide for interstate, interregional, intercity,
and longer distance intracity travel needs. It can not
efficiently function in this way if it must also provide
significant levels of direct land access.
The policy is to be adopted and jointly administered by the City
of Bend (City), Deschutes County (County), and the State of
Oregon Department of Transportation (State).
APPLICATION
This policy shall apply to all new and existing City and County
principal arterials within City Urban Growth Boundary, and all
projects on State highways for which an agreement making this
policy a part has been executed between City, County, and State.
A physical medial barrier will be installed on new principal
arterial facilities to prevent left turns except at designated
public road or street intersections where determined to be
appropriate for design reasons. All accesses, public or
private, between these location shall be necessarily limited to
right turn in and right turn out movements.
Private direct access to a principal arterial facility will not
be permitted except as provided bel<;w under EXCEPTIONS.
Direct access to a principal arterial facility may be
allowed for properities which abut that facility where
no other access is possible to another public road
facility without crossing adjacent private property.
In cases where direct access to a principal arterial has
been allowed as above, it will be discontinued if and
when access to a frontage road or other public road
becomes possible.
AIH90005
105 1382
No additional direct access shall be provided upon
splitting or dividing of existing parcels or contiguous
parcels under the same ownership or control. All access
to new properties created in this manner shall be
provided by means internal to the properities from
existing access or by public frontage or other roads or
streets.
All direct accesses permitted shall be done so with the
understanding that if the pr'ncipal arterial facility is
reconstructed or upgraded to a freeway type facility,
alternate access shall be provided by a frontage road or
other public road.
A determination of '.he number. of direct accesses to be
allowed during project desigr. shall be made by State
after review and comment by City or County as
appropriate.
Direct accesses that are allowed shall be designed and
constructed consistent with the standards referred to
below.
STANDARDS
In general, road aproaches shall be designed and constructed to
standards described in the following documents:
Highway Design Manual, 1985, OSHD
A policy on Geometric Design of Highways and Streets,
1984, AASHTO
Oregon Administrative Rules 734 Division 50
Local laws on access and. lane. use
These standards address dr.veway width, site distance concerns,
turning radii ane other grometric aspects, base, surface and
drainage requirements, and warrants for deceleration,
acceleration, channelization, signalization and interchange
design.
The following additional standards shall apply to future private
road approaches or driveways allowed on a principal arterial
except as provided for under the above referenced documents.
The minimun distance between adjacent private road
approaches shall be 150 feet.
The minimum distance between any private road approach
and a public street or road :.ntersection shall be 300
feet.
A1H90005
' r
105 1383
The minimum distance between any private road approach
and the beginning or ending point of an interchange
ramp shall be such that it will not adversely affect
the operation of the ramp. This is to be determined by
State.
EXCEPTIONS
If an abutting property owner Eeeks an exception to the above
general policies and standards, he may submit a request to
State, State will review that request with City or County where
appropriate and make a determination.
In considering the exception request, State shall determine if:
there is exceptional and undue hardship on the applicant; if the
request clearly results in improved safety and operational
charactertistics on the arterial facility; and the exception is
reasonably necessary for the convenience and welfare of the
public.
The request will be evaluated for conformance with local land
use plans.
State will issue it's decision in a written report within a
45 day period from reciept of the application.
AIH90005
EXHIBIT "E"
105 - 1384
PLANNING COMMISSION REPORT AND RECOMMENDATION
IN SUPPORT OF AN AMENDMENT TO TRANSPORTATION ELEMENT
DESIGNATING A BEND PARKWAY (HIGHWAY) 97 CORRIDOR AS
PRINCIPAL ARTERIAL
AND
REVISING THE STREET PROJECTS LIST WITHIN THE
PUBLIC FACILITIES PLAN
PREPARED FOR INCLUSION IN THE BEND AREA GENERAL PLAN
9
REPORT AND FINDINGS
INTRODUCTION
105 1385
Page 1
I ■
The principal north -south arterial through Bend is Highway 97.
The Oregon Department of Transportation projects that sections of
Highway 97 within the Bend urban area will reach level of service
F some time in the early 1990s. The City, County, and ODOT have
undertaken a cooperative planning program to identify a solution
to this problem. For a number of years ODOT has modeled the
major street system on its gravity model. This model shows a
greater demand for north -south travel than 3rd Street and
Division Street capacities. Development both north and south of
the existing terminus of Division Street has had substantial
traffic impact in the past three years. [Development like the
proposed Fred Meyer will continue this pattern.] Recent
developments like ShopKo and Fred Meyer have continued this
pattern.
THE CORRIDOR
ODOT, the City, and County have proposed a new principal arterial
corridor that has become known as the Bend Parkway corridor
project. The new corridor begins at the existing Highway
20/Highway 97 (Sisters) interchange on the north and extends
south to Highway 97 south of Murphy Road. The corridor
alignment is depicted on Exhibit 1. Both -the north and south
parts of the corridor are new alignments. The central portion of
the corridor may utilize much of the existing Division Street
right of way. The facility will be designed to accommodate
a
r r
e
REPORT AND FINDINGS
105 - 1366
Page 2
30,000 to 40,000 ADT. The State plans to acquire access rights
b ■
on new right of way, and the City, County, and State will
cooperate in an access management policy for the overall route.
NATURE OF DECISION
Amend the public facilities element, transportation element, and
the comprehensive plan map of the BEND AREA GENERAL PLAN by
adding the BEND PARKWAY corridor to the principal arterial
system, adding minor arterial and collector connections to the
Parkway, and adopting policy language to ensure access management
of the principal arterial. Recognize the Bend Parkway as a
limited access facility that is part of the state Access Oregon
Highway system.
The following document will justify this action considering the
State wide goals. ODOT is going through an Environmental Impact
Assessment procedure in developing this project. The target date
for completion of the draft environmental report is late spring
1991, and final details of this project will be determined by
this process.
APPLICATION OF LAWS, REGULATION AND POLICIES, FINDINGS AND
CONCLUSIONS
x
REPORT AND FINDINGS
105 • 133?
Page 3
The Bend Area Comprehensive Plan requires plan amendments to be
consistent with the goals, objectives, policies, and statements
of intent of the plan. The findings must demonstrate that the
change is warranted due to changed conditions, a mistake, or
other specific facts that demonstrate a public need and benefit
for the change.
The plan amendment must also be consistent with the Statewide
Planning Goals.
FINDINGS
GOAL 1 Citizen Involvement
The City, County, and ODOT have conducted an open public process
in selecting the Bend Parkway Project, associated minor arterial
and collector connectors, and the arterial access policy. ODOT
appointed a Citizen Advisory Committee composed of 17 people and
a Technical Advisory Committee composed of City, County, and ODOT
engineers and planners.l
The CAC and TAC developed selection criteria, identified
alternatives and evaluated materials developed by the ODOT
project staff. The CAC held five public informational meetings
during the process of selecting the BEND PARKWAY project. These
meetings were designed as a communication mechanism for the CAC
to evaluate proposals and community concerns and to disseminate
1. See Bend Parkway Record items #3-6,9-10, & 12-16
■
REPORT AND FINDINGS
105 - 1388
Page 4
information on the proposal as the process progressed. At each
of these meetings an informational packet was published and
distributed to the public. When the CAC and TAC had narrowed the
project down to the build and no -build alternatives for the EIS
preparation, the proposal was brought before the local
jurisdiction for amending the comprehensive plan.
The Urban Area Planning Commission held a hearing on the proposal
on January 29, 1980. The Planning Commission heard from a number
of residents in the Pinebrook area, asking that the Parkway be
stopped short of Pinebrook. A separate neighborhood committee
was formed to review alternatives for the southern terminus of
the project after the January hearing. This neighborhood
committee worked with the CAC and reviewed two alternatives in
the south end of the project.
The two new termini do not provide for the desired traffic
capacity for the design life of the project. Based on this
review, the CAC and TAC recommended that the corridor as
originally proposed be adopted. The Planning Commission held a
second hearing on June 4, 1990 and [meetings to discuss the
proposal.] recommended approval of the corridor.
The [City and] County Commission held a hearing on the proposed
amendments to the Bend Area General Plan, Circulation Element,
and Public Facilities Plan, and for the adoption of the Access
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REPORT AND FINDINGS
105 - 1389
Page 5
Management Policy for the Parkway on November 5, 1990. The City
Commission held a similar hearing on November 7, 1990.
The Bend City Commission and Deschutes County Board of
Commissioners conclude that the requirements of Goal 1 to have
been satisfied.
PUBLIC INVOLVEMENT
The Bend Urban Area Planning Commission is the designated
citizen's involvement committee. The Planning Commission has
determined that the public hearing process on this plan
amendment, with notice to affected owners in the proposed
corridor, together with the Citizen Advisory Committee review
process carried on by ODOT, fulfilled the need for public
involvement. Hearings will be held before both the Planning
Commission and the City and County Commissions on the amendments.
GOAL 2 Land Use Planning
No exceptions are required by the proposed amendment and the
process undertaken has met the requirements for this goal as
outlined under Goal 1.
GOAL 3 Agricultural Land
Is not applicable since the project is entirely within the
acknowledged UGB.
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REPORT AND FINDINGS
GOAL 4 Forest Land
105 - 1390
Page 6
J, ■
Is not applicable since the project is entirely within the
acknowledged UGB.
GOAL 5 Open Spaces, Scenic and Historic Areas, ...
There are two "3c" designated properties in the proposed project
area: the old railroad depot and the Reed House, 1727 NW
Division. [Both these properties will have to be moved or
demolished.] The Reed House was moved to the west when Division
St. was originally constructed. It may be feasible to move both
of these buildings again. A Goal 5 ESEE analysis was conducted
for these two sites in October 1990. The analysis concluded that
the Bend Parkway project is in the public interest and more
important that the two historic sites. The initial
recommendation was to change the status of these two sites to a
"3B" level of protection. However, the local Historic Landmark
Commission was concerned that a 113B" designation might affect
ODOT's environmental review and assesment of these two sites.'
Designation of the Parkway as an important conflicting use which
could affect these historic structures is consistent with the
City's preservation ordinance which has been acknowledged by
1. Historic sites ESEE analysis and cover letter, October 31,
1990. (Bend Parkway Record item #29)
2. Bend Code 10.100 to 10.126
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REPORT AND FINDINGS
105 - 1391
Page 7
LCDC to be in conformance with Goal 5 for the protection of
historic resources. The ordinance has procedures which implement
the City's program and Goal 5. These procedures must be
completed prior to the relocation or demolition of historic
structures. Designation of the Parkway corridor on the plan map
does not conflict with Goal 5. Since the City and ODOT must
conduct further review of these resources and follow the
acknowledge protection program in the ordinance a "3C" balancing
classification is the best designation for the sites at this
time. [We find that the Bend Parkway project is in the public
interest and more important than the two historic properties.
Therefore, these properties will be moved or demolished to allow
for the construction of the project. The community's Goal 5
analysis found that the historic resources were all important.
However, the competing uses were also important, and therefore a
"3c" balancing classification was determined for the sites. The
corridor designation does not change this decision.] The
decision on final design and right of way will result in the
final disposition on a site by site basis using the balancing
test found in the landmark ordinance.
The corridor doesn't impact any wet lands, significant habitat,
or cultural resources, as it runs through the existing urban
area.
i
1. ODOT Environmental Reconnaissance Study (Bend Parkway Record
item #7, pp. 23-26)
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105 - 1392
REPORT AND FINDINGS Page 8
GOAL 6 Air, Water, and Land Resource Quality.
Air
The Bend area is currently designated as being in attainment of
the National Ambient Air Quality Standards. Although temperature
inversions (which hamper the dilution and dispersal of
pollutants) occur in Bend during the winter, the topography and
overall weather patterns tend to provide favorable mixing
conditions that allow Bend to be within the National Ambient Air
Quality Standards.
Emissions of carbon monoxide are generated mostly by traffic.
Primarily two traffic factors influence carbon monoxide
pollution: volume and speed. Increased carbon monoxide pollution
occurs with higher traffic volumes and slower traffic speeds.
Carbon monoxide is a local pollutant. Higher carbon monoxide
concentrations are most likely to occur immediately adjacent to
the roadway.
With more vehicles having emission control equipment and the
increasing use of unleaded gasoline, the impact of traffic -
produced carbon monoxide will be reduced through the design year
(2015) of the project even with an increase in traffic.
Transportation is a minor contributor to fine particulate
emissions. Changes in traffic patterns and speed will not
promote an increase in these emissions. Thus, it is predicted
9
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105 .. 1393
REPORT AND FINDINGS Page 9
that the facility proposed for the Bend Parkway corridor will not
aggravate fine particulate pollution in the Bend area.
Water
Surface drainage will be controlled through use of drywells
and/or be channelled to the Deschutes River. The Parkway Project
won't relieve surface drainage problems on 3rd St. The City,
County and DEQ have [been working on] adopted new standards for
surface drainage and dry wells that should help to protect ground
water quality.
Noise
The Parkway Project will have noise impacts. The extent of these
impacts and possible mitigation will be developed more fully
during the EIS preparation. The use of berms, walls, or some
combination of these may be needed in residential areas.
Land Resources
The Parkway Project will impact a number of structures. The
existing landfills have adequate capacity for demolition
materials from these structures. The project will be landscaped
which will enhance the appearance of the community.
GOAL 7 Natural Hazards
The design of the structures in the corridor will be developed
according to the 1983 Guide to Specifications for Seismic Design
of Highway Bridges published by the American Association of State
Highway and Transportation Officials (AASHTO). This guide
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REPORT AND FINDINGS
105 -* 1394
Page 10
indicates the earthquake risk potential of the area and standards
► ■
for structure design appropriate for the earthquake potential.
GOAL 8 Recreational Needs
The Bend Parkway is consistent with the plans for recreational
facilities. Facilities are planned on both the east and west
sides of the route and, therefore, the facility will not
adversely impact access to facilities in the future.
GOAL 9 Economic Development
Highway 97 is part of the Access Oregon Highway system. The
purpose of the AOH system is to link major economic and
geographic centers of the state. The Highway 97 corridor is a
major economic link for Central Oregon, connecting Madras,
Redmond, Bend, Klamath Falls, and several smaller communities.
Several recreational areas - Cascades Lakes Highway, Mt.
Bachelor, Crater Lake, and the Deschutes and Winema Forests - are
accessed by Highway 97. The Bend Parkway will be an important
link in a plan, developed by ODOT, to provide a continuous four -
lane facility from Madras to South Century Drive.
The Bend Parkway will provide better traffic circulation to the
existing community and its industrial and commercial lands. This
will enable further development in industrial and commercial
areas without unacceptable levels of congestion in the community.
The large size of properties along Division Street and the lack
of concentrated commercial facilities is conducive to restricting
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1 • S
REPORT AND FINDINGS
10� 1395
Page 11
access. The Parkway alternative has the least number of
relocations of any of the core alternatives.'
We conclude that the Parkway and connecting streets are key
public facilities needed for continued economy diversification in
the Bend area. We further conclude that the Access Management
Policy is essential to long term functioning of the Parkway and
overall traffic circulation.
GOAL 10 Housing
The Bend Parkway Project will pass through existing residential
areas and undeveloped residential land. The UGB contains
sufficient land to accommodate the needed housing forecast by the
community. (See Bend Area General Plan.) The residential land
needs were computed using densities that assumed 20-25% of the
land would be used for street purposes. construction of the Bend
Parkway will require displacement of approximately 35 houses.
ODOT is required by law to ensure that affordable, decent, safe,
and sanitary housing is available to displaced residents. ODOT
will also provide relocation assistance to residents that will
have to move. We conclude that the Parkway and connecting
1. ODOT Environmental Reconnaissance Study, 1989. (Bend
Parkway Record item #7)
ODOT Project Information Packet #3 (Bend Parkway Record
item #6)
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REPORT AND FINDINGS
1®5 1.396
Page 12
s■
streets will not adversely impact the supply of housing in the
urban area.
GOAL 11 Public Facilities and Services
The existing public facilities plan is being amended to include
the Bend Parkway as a principal arterial together with connecting
City and County collectors and arterial streets. The
comprehensive plan is being amended to revise the list of streets
included in the Public Facilities Element. These amendments are
necessary to provide the facilities required to support the urban
development planned for the Bend UGB.
The Bend Parkway Project provides for adequate levels of service
through town. (See ODOT Traffic Operation and Level of Service
Forecasts in Information Packets 1-5 and the Environmental
Reconnaissance Study). The Parkway and its connecting facilities
will be managed under access management policies adopted to
protect the capacity of these streets. We conclude that these
public facilities are needed to provide for a timely, orderly,
and efficient framework for urban development.
GOAL 12
"To provide and encourage a safe, convenient and economic
transportation system. A transportation plan shall (1) consider
all modes of transportation including mass transit, air, water,
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REPORT AND FINDINGS
105 a 1397
Page 13
pipeline, rail, highway, bicycle and pedestrian; (2) be based
upon an inventory of local, regional and state transporta-
tion needs; (3) consider the differences in social consequences
that would result from utilizing differing combinations of
transportation modes; (4) avoid principal reliance upon any one
mode of transportation; (5) minimize adverse social, economic and
environmental impacts and costs; (6) conserve energy; (7) meet
the needs of the transportation disadvantaged by improving
transportation services; (8) facilitate the flow of goods and
services so as to strengthen the local and regional economy; and
(9) conform with local and regional comprehensive land use plans.
Each plan shall include a provision for transportation as a key
facility."
The process followed by ODOT, the City, and the County, began
with the updating of the urban arterial model in 1985 and the
preparation by ODOT of the Corridor 97 Study in 1987. These
studies identified a need for more north -south traffic capacity
through Bend. In 1987, ODOT's Six Year Plan was updated and
included monies for the EIS process for what was initially called
the Sisters Interchange - Brosterhous Road study. ODOT began the
study process that involved the appointment of two committees, a
Citizen Advisory Committee with members from the community, and a
technical advisory committee composed of ODOT, City, and County,
engineers and planners and the chair of the CAC.
I
105 . 1398
REPORT AND FINDINGS
The first step in this study process was to identify
Page 14
alternatives. Once the study began, the alternatives were
extended further south to accommodate the rapid growth along
Highway 97 south of Brosterhous Road. These alternatives were
then evaluated against the following criteria: traffic
operations, right of way requirements, environmental impacts,
land use impacts, downtown and 3rd Street accessibility,
constructibility, cost (including construction and right of way).
The identified alternatives were:
-- Westside Bypass
-- Eastside Bypass
-- Bend Parkway Alternative
-- 8th/9th Street Alternative
-- 3rd Street Improvements
-- 3rd and Division Couplet
-- 3rd and 4th Couplet
-- 2nd and 3rd Couplet
-- 1st and 3rd Couplet
-- Move Railroad
Five public informational meetings were held by the CAC to
explain the process, review the alternatives, gain public thought
on the alternatives, and describe the alternative selected for
advancement into the final EIS process. Five information packets
and an environmental reconnaissance study were published
documenting this process. The findings resulted in the selection
of this Bend Parkway corridor as the alternative to advance in
the EIS process.
The proposed project will improve the flow of goods and services
within the Bend urban area and through Central Oregon. The
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105 •1399
REPORT AND FINDINGS Page 15
analysis completed to select this corridor considered social,
economic and environmental consequences of all the alternatives.'
[(see Environmental Reconnaissance Study February 1989, ODOT)].
The design of this facility will incorporate both bicycle and
pedestrian features. The City has a dial -a -ride system for
handicap and seniors, and a private company supplies a fixed
route bus company. Neither of these mass transit modes will have
any impact on the need for the Bend Parkway.
According to the Origin Destination StudyZ through movements
represent only 22-25 percent of the overall traffic on Highway 97
within the Bend urban area. The corridor will provide for
through traffic as well as demand within the urban area.
This corridor addresses the need for additional north -south
street capacity, and will reduce congestion .3 The local arterial
and collector connection will improve east -west traffic
movements.
1. ODOT Environmental Reconnaissance Study, 1989 (Bend Parkway
Record item #7)
2. Deschutes County/ODOT Origin -Destination Study, 1988 (Bend
Parkway Record item #2)
3. ODOT Environmental Reconnaissance Study, 1989.
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REPORT AND FINDINGS
GOAL 12 FINDINGS
105 -1 1400
Page 16
1. The route will efficiently move people and goods and improve
safety of the motoring public.
2. The corridor will be needed as well as other modes of
transportation.
3. An access management policy is needed to protect the route's
capacity and to promote public safety.
4. The new facility will provide access to the existing 3rd
Street and downtown business districts.
5. The new facility shall be landscaped to preserve the visual
quality of the Bend area.
6. The route will strengthen the existing street system and
improve the flow of goods and services within the urban area
and through the community.
7. ODOT's reconnaissance survey shows that the corridor will be
energy efficient.
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REPORT AND FINDINGS
105 . 1401
Page 17
8. The new route will provide easy access and use by the 75-80
percent local trips using the existing system.
9. The Bend Parkway corridor is entirely within the
acknowledged urban growth boundary.
10. The Oregon Department of Transportation projects that
sections of Highway 97 (Third Street) in the Bend urban area
will reach level of service F some time in the early 1990s.
11. Third Street serves both through and local traffic in the
Bend urban area. It is a commercial strip with frequent
direct accesses to adjacent properties. Highway 97 is
currently located on Third Street in Bend and Third Street
is also shared by Highway 20 from the Sisters Interchange
south to Greenwood Avenue.
12. A need for additional north -south traffic capacity that will
alleviate congestion for both through and local traffic in
the Bend urban a was identified by the ODOT Corridor 97
Study (1987).
13. The goal of the AOH system is to provide for the economic
growth of Oregon by moving through traffic safely and
efficiently between geographic areas within Oregon and
between Oregon and adjacent states.
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REPORT AND FINDINGS
105 . 1402
Page 18
Highway 97 is part of the Access oregon Highways (AOH)
system adopted by the Oregon Department of Transportation.
14. Eleven alternative corridors were studied (Sisters
Interchange-Brosterhous Road Environmental Reconnaissance
Study, 1987) to identify the best solution to Highway 97
traffic capacity needs in the Bend urban area.
15. The Bend Parkway corridor was selected as the preferred
corridor for a principal arterial in the Bend urban area on
the basis of findings in the environmental reconnaissance
study and traffic analysis.
16. Traffic projections prepared for the reconnaissance study
indicated that a bypass corridor around Bend would not meet
traffic operation needs. Because Bend is an important
service center on the Highway 97 corridor, most traffic
would continue to use the Third Street route through town.
A bypass would not be used enough to alleviate congestion
caused by both through and local traffic on Highway 97 in
the Bend urban area.
17. The study found that of the corridor alternatives that are
feasible and that would meet Highway 97 traffic capacity
needs, the Bend Parkway corridor would result in the least
adverse social, economic, and environmental impacts.
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REPORT AND FINDINGS
105 . 1403
Page 19
18. The Bend Parkway corridor will serve a multi -modal
transportation function in the Bend urban area, providing
for truck and automobile traffic, bicycles, and pedestrians.
The functions of this corridor are needed in the Bend urban
area as well as other modes of transportation.
19. The corridor doesn't impact any wetland or significant
wildlife habitat within the urban area.
The Parkway will be part of a principal arterial system that
serves the traffic circulation needs of the city, county, and
state.
The corridor location, minor arterial and collector connections,
and access management policies will provide a safe and efficient
transportation system in the Bend urban area.
The location of the Bend Parkway corridor, requirements that the
parkway be a limited access facility, and policy standards for
development and maintenance of the facility are consistent with
and support the comprehensive plan.
GOAL 13 Energy Conservation
In review of the different alternatives, the Parkway alternative
was rated the most efficient of the alternatives in operational
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loS 1404
Page 20
REPORT AND FINDINGS
energy'. Therefore, we find that the project will help to
maximize energy conservation during its design life.
GOAL 14 Urbanization
The Bend Parkway Project and access Management Policy are
designed for and intended to support the urban growth occurring
within the UGB. One of the alternatives reviewed during the
selection of this project was an east side bypass. This proposal
would have been outside the existing UGB and would have created
an urban use on rural and agricultural lands requiring an
exception to the statewide goals. The exception process would be
difficult to justify given the alternatives available inside the
UGB. We also find that the ODOT Reconnaissance study, and
informational packets clearly show that the majority of the
traffic is local or destined for Bend. We, therefore, conclude
that the Parkway alignment is the best solution to transportation
needs of the community in the next two decades. We conclude that
an eastside bypass should be evaluated for traffic needs beyond
the design life of the Parkway Project.
GOALS 15 - 19
These goals are not applicable to this amendment.
1, ODOT Environmental Reconnaissance Study, 1989 (Bend Parkway
Record item #7)
105 a 1405
REPORT AND FINDINGS Page 21
CONCLUSIONS
We conclude that the Parkway corridor, associated arterial and
collector connections, and the arterial access policy are needed
to provide for internal and through traffic and they are in the
public interest of the community as a whole.