1993-13370-Ordinance No. 93-003 Recorded 4/26/1993t 93-13374 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending PL -20, the Deschutes Count Year 2000 Plan County to Amend Goals and Policies Regarding Transportation, Energy,CP and Recreation and Declaring an Emergency. 4 =A" i ORDINANCE NO. 93-003 WHEREAS, the Deschutes County Bicycle Master Plan was adopte."",as a Resource Element of the Deschutes County Comprehensive Plan on December 5, 1990 (Ordinance No. 92-023). WHEREAS, the State of Oregon adopted by local jurisdictions to 12, the Transportation Planning 045(3)(a -d). has required that ordinances be implement Statewide Planning Goal Rule, in particular OAR 660 -12 - WHEREAS, after notice was given and hearing conducted in accordance with applicable law, the Board of County Commissioners have considered the Planning Commission's reccomendation; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ORDAINS as follows: Section 1. Goal 5 of the Transportation Goals of the Transportation Element of the Comprehensive Plan, found on page 5 of the Transportation Element, is repealed and replaced to read as follows: 115. Provide and maintain a safe, convenient and pleasing county -wide bicycle and pedestrian transportation system that is integrated with other transportation systems and given commensurate weight in the planning process with motorized forms of travel." Section 2. Goal 7 of the Transportation Goals of the Transportation Element of the plan, found on page 5 is repealed and replaced to read as follows: 117. Assure that the planned transportation system supports a pattern of travel and land use which will minimize air pollution, traffic, and livability problems." Section 3. A new Goal 8 is added to the Transportation Goals of the Transportation Element of the Plan as follows: 1 - ORDINANCE NO. 93-003 MICROFILMED T1 " py 2 61993 0121-1103 118. Encourage and support bicycle and pedestrian safety, education and enforcement programs." Section 4. The Non -Motorized Transportation Policies of the Plan, numbered as Policies 38 through 44 and found on Page 11 of the Transportation Element, are repealed and replaced to read as follows: "38. The County shall manage the distribution of urban development to encourage compact communities that provide transportation options other than the motor vehicle. The County shall develop urban areas and unincorporated communities so that travel distances within them are suitable for bicycling and walking. 39. Bicycle and pedestrian facilities shall satisfy the utilitarian and recreational needs of the citizens of Deschutes County. 40. Bicycle and pedestrian facilities shall be designed and constructed to encourage an increased use of these modes of travel within the County. The County shall have a goal of increasing non -motorized transportation use by at least 1% per year. 41. In designating specific bikeway routes, potential use, safety, and the cost of route construction shall be primary considerations. Bikeways which deviate significantly from the most direct travel route shall be discouraged. 42. The County shall require that direct connections for bicyclists and pedestrians are included within and between residential, commercial, and industrial developments. 43. Emphasis shall be placed on designation of on -road bikeways, due to safety reasons and the cost of construction and maintenance of separate bike paths. 44. Resources shall be expended for maintenance of existing bikeways and walkways as well as for the development of new facilities." Section 5. New policies 45 through 48 are added to the Non - Motorized Transportation Policies of the Transportation Element, as follows: "45. The County shall provide through its Public Works Department and its Planning Division staff equivalent to one-half FTE to serve as Bicycle and Pedestrian Coordinator(s). The Coordinator(s) shall administer the 2 - ORDINANCE NO. 93-003 C121-1104 County Bicycle Master Plan, and shall be designated as Staff to the Bicycle Advisory Committee. 46. The Deschutes County Bicycle Advisory Committee shall facilitate the coordination of all bicycle planning in the County to assure compatibility with the Bicycle Master Plan. 47. The Deschutes County Bicycle Advisory Committee shall assure that the Bicycle Master Plan remains up-to-date and that implementation proceeds according to the Bicycle Master Plan. 48. Deschutes County shall, within its means, assist all appropriate agencies in the establishment and continuation of bicycle safety and education programs." Section 6. Policy 12 of the Recreation Element of the Plan, found on page 102 of the Plan, is repealed and replaced to read as follows: 1112. Recognizing that streams, rivers, and irrigation canals are natural attractors for recreation, the County shall encourage the development of public multi -use trails along these features, in areas where conflicts with natural resources would not result. Trails should be designed to accommodate pedestrians, bicyclists, and equestrians, as appropriate to the area." Section 7. Policies 16 and 17 of the Recreation Element of the Plan, found on page 103 of the Plan are repealed and replaced to read as follows: 1116. The County shall provide the bicycle and pedestrian connections between schools, residential areas, parks and other recreation attractions, shopping centers, and other commercial and industrial centers. 17. Because it is recognized that the over -use of the motor vehicle has detrimental effects on the County, the use of bicycling, and walking, mass transit, carpooling, shall be encouraged as means of accessing recreation areas." Section 8. A new Policy 18a is added to the Recreation Element of the Plan, found on page 103 of the Plan, as follows: 1118a. Recognizing the needs of recreational bicycling, the County shall maintain or improve the quality of rural routes." Section 9. The Conservation Policies of the Energy Element of the Plan, found on Page 109 of the Plan, are amended to add as new 3 - ORDINANCE NO. 93-003 0121-1405 policies the following new policies numbered 18a and 19a as follows: 1118a. The County shall account for its 1% bicycle funds from the State Highway Funds, and shall provide this accounting to the Bicycle Advisory Committee on an annual basis. The 1% funds shall be the minimum spent to provide bicycle and pedestrian facilities within the County. The County shall establish methods for funding pedestrian and bicycle facilities that are not within the public right-of-way and therefore are not eligible for the 1% funds. 1119a. Oregon imports 45% of its energy as fuel for motorized vehicles. Nonmotorized transportation is recognized as an important way to conserve energy. The County shall provide bicycle and pedestrian connections between schools, residential areas, parks and other recreation attractions, shopping centers, and other commercial and industrial centers. In addition, the County shall encourage nonmotorized modes through the use of techniques such as designating nonmotorized areas (pedestrian malls), installing traffic cells and traffic calming designs, allocating a greater share of street space to nonmotorized modes, restricting motor vehicle parking, and other pedestrian and bicycle -oriented land use patterns." Section 10. FINDINGS. The findings supporting these amendments are set forth in Exhibit A attached hereto and by this reference incorporated herein. Section 11. REPEAL OF ORDINANCES AS AFFECTING EXISTING LIABILITIES. The repeal, express or implied, of any ordinance, ordinance provision, or code section by this ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability incurred under such ordinance, unless a provision of this ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such duty, condition, penalty, forfeiture, or liability, and for the purpose of authorizing the prosecution, conviction and punishment of the person or persons who violated the repealed ordinance. Section 12. SEVERABILITY. The provisions of this ordinance are severable. If any section, sentence, clause, or phrase of this ordinance or any exhibit thereto is adjudged to be invalid by a court or other reviewing body of competent jurisdiction that decision shall not affect the validity of the remaining portions of this ordinance or exhibit thereto. 4 - ORDINANCE NO. 93-003 0121-1105 Section 13. EMERGENCY. 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. DATED this ;tIAd day of April, 1993. BOARD OF COUNTY COMMISSIONERS OF DESCHUTE COUNTY, OREGON A E T: -""' ".- Recording Secretary 5 - ORDINANCE NO. 93-003 it NANCY E' NGEN, C6mmiss10 B.H. SLAUGHTER, Commissioner