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1993-31947-Ordinance No. 93-037 Recorded 8/9/19930120 12:64 93-319'x'7 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE5-COUNTY, OREGON An Ordinance Amending the Bend Urban Area General Plan Transportation Plan Map and and Declaring an Emergency. _.. �..,..� ORDINANCE NO. 93-037 3e_aco WHEREAS, the Bend Urban Area Plan includ's a Transportation Plan Map relating to the transportation facilities in the Bend Urban Area; and WHEREAS, Bend Associates applied for a Plan Amendment to move the location of a proposed urban minor arterial, referred to as Hunnell Road; and WHEREAS, the Oregon Department of Transportation, County Public Works Department and County Planning Division have recommended that certain frontage roads and a Robal Lane connection to Highway 20 be included with the proposed Transportation Plan Map change; and WHEREAS, the Bend Urban Planning Commission, after review conducted in accordance with applicable law, has recommended approval of the proposed Amendments to the Transportation Plan Map of the Bend Area General Plan. WHEREAS, after notice was given and hearing conducted in accordance with applicable law, the Board of County Commissioners has considered the Planning Commission recommendation; now therefore, Section 1. The Transportation Map included as part of the Bend Area General Plan is amended as follows: (1) To delete an urban minor arterial presently shown on the Transportation Plan Map that extends from U.S. Highway 20 north to Cooley Road, shown on the map attached hereto as Exhibit A as a black and white diagonal striped line labelled "Arterial now on Plan, to be deleted." (2) To add a new urban minor arterial extending between Cooley Road and the proposed Robal Road arterial, as shown on Exhibit A, attached hereto and by this reference incorporated herein, as a solid black line and labelled "Proposed Connecting Arterial." (3) To add as a new urban minor arterial Robal Road extending from U.S. Highway 20 easterly to Highway 97, as shown on Exhibit A, attached hereto and incorporated herein, as a 93-037 - 1 ORDINANCE NO. "t.w€ 4 199 01247-1,x'65 black and white broken line and labelled "Proposed Robal Road Extension." (4) To add a new frontage road, extending from Cooley Road south along the west side of Highway 20 to connect with the existing frontage road at current tax lot 17-12-17D-102 as shown on Exhibit A, attached hereto and incorporated herein by reference, as a blue and white broken line and labelled therein as "Proposed Highway 20 Frontage Road." (5) To add a new frontage road, extending from Robal Lane north along the east side of Highway 97 to Cooley Road, as shown on Exhibit A, attached hereto and incorporated herein by reference, as a brown and white broken line and labelled therein as "Proposed Highway 97 Frontage Road." Section 2. The Board of County Commissioners adopts as its Findings and Decision in support of these Plan Map Amendments, the Revised Staff Report of the County Planning Division attached as Exhibit "B" and by this reference incorporated herein. Section 3. Severability. The provisions of this ordinance are severable. If any section, sentence, clause, phrase, area, overlay or other separable part of this ordinance or any exhibit thereto is adjudged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this ordinance or any exhibit thereto. Section 4. 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 enactment. ORDINANCE NO. 93-037 - 2 DATED this 44h day of .0, BOARD OF ATTEST: Recording Secretary ORDINANCE NO. 93-037 - 3 1993. COUNTY COMMISSIONERS OF COUNTY, OREGON P, f Chair NANCY POI S(�HI�KN 9 Commissi�er BARRY H. 9LAUGHTER, Commissioner 0- `0'7-167 EXHIBIT B DESCHUTES COUNTY PLANNING DIVISION FILE NUMBER: HEARING DATES: vg-ffrx HEARINGS BODY: REVISED STAFF REPORT PA -93-2 Monday, May 24, 1993 and June 14, 1993 7:00 P.M. and 5:30 P.M., respectively Bend Urban Area Planning Commission PLACE: City of Bend Commission Chambers City Hall Building 710 NW Wall Street Bend, Oregon 97701 APPLICANT: Bend Associates 301 N. Canon Drive Beverly Hills, California 90210 ATTORNEY: Paul J. Speck 1101 NW Bond Bend, Oregon 97701 REQUEST: An application for a Plan Amendment to amend the Bend Area Transportation Plan Map to relocated the Hunnell Road extension between Cooley Road and Robal Lane in Bend. Staff included other transportation plan changes for the Highway 97/Highway 20/ Cooley Road/Robal Lane triangle area as part of the review and hearing process. REVIEWER: Paul Blikstad, Associate Planner A. Chapters 19.12 and 19.52 of Title 19 of the Deschutes County Code establish uses and standards for the UAR-10, Urban Area Reserve, and CH, Highway Commercial zones. PA -93-2 PAGE 1 0''7_tf`68 B. The Bend Area General Plan establishes an overall planning and development framework for the Bend urban area, including language for changes to the Plan. C. The Bend Area General Plan includes the Transportation Plan Map for the Bend urban area and the Transportation Element within the Plan text. D. Title 22 of the Deschutes County Code establishes procedures for all land use applications in the County, including plan amendments. FINDINGS OF FACT: 1. LOCATION: The property that is the subject of the plan amendment for Bend Associates includes the property located at 63435 N. Highway 97, which is currently accessed off of Robal Lane. It is described on the County Assessor's map as 17-12-16B, tax lots 601 and 603. Other properties will be involved in the proposed transportation plan change; see findings below. 2. ZONING: The subject property is zoned CH, Highway Commercial and is designated Highway Commercial by the Bend Area General Plan. 3. SITE DESCRIPTION: The subject property contains two tax lots which combined form a total area of 29 acres. The property has a varied topography of level areas and higher rock outcrops, with a vegetative cover of juniper trees and scrub brush. This type of topography and vegetation is prevalent throughout the subject area. Portions of the property have been cleared at one time and have been used for limited hobby farming. The property is located in an area that includes commercial development to the south and east, a wrecking yard to the north, and vacant land to the west. Access to the site is currently off of Robal Lane. 4. The applicant is proposing to move the alignment of Hunnell Road between Cooley Road on the north and Robal Lane to the south. The applicant has submitted a burden of proof statement addressing the change. No specific drawing or map was submitted by the applicant. However, Staff worked with Jeff Kern, who did some field survey investigation on a proposed new alignment of the Hunnell Road connection. Tom Blust, County Engineer worked with Jeff Kern to establish the most appropriate location for the Hunnell Road connection in this area. A final map was presented at the public hearing on May 24, 1993. 5. Staff discussed the alignment with the applicant and with members of the County and City Public Works Departments and the State Highway Division. There is a PA -93-2 PAGE 2 U 127-1.0 9 desire on the part of these agencies, as well as the Planning Staff, to look at the whole Cooley Road/Highway 97/Highway 20/Robal Lane area, . to consider what necessary changes need to be made to the transportation system for this area, relating to the Parkway construction and the problems with the intersection of Cooley Road and Highway 97. The County Planning Staff determined that rather than handle this application as a quasi-judicial plan amendment involving just the applicant's property, Staff and the Planning Commission would instead look at the entire area and conduct a legislative review of the transportation system in this area. Notice was sent out to all property owners who might be affected or impacted, and they had an opportunity to attend the public hearings. 6. The Planning Division sent notice of the proposed transportation plan change to several public agencies and received the following responses: A. The State Highway Division (ODOT) states that they support the proposed plan amendment to shift the alignment of Hunnell Road westward. The applicant's offer to dedicate right of way for this road should be made a condition of approval. ODOT also supports the concept of incorporating other transportation plan amendments that are needed for this area and processing this application legislatively. A copy of needed plan amendments that would facilitate the provision of a safe and efficient transportation system has been attached to this letter. B. The County Property Address Coordinator states that if this road is built as shown, then it should be identified as a continuation of Hunnell Road. C. The Watermaster's Office states that the applicant will need to check with Swalley Water for removal of water rights. D. The Bend Fire Department and US West Communications had no comments. 7. The Hunnell Road connection between Cooley Road and Robal Lane is designated an urban minor arterial on the Bend Transportation Plan Map. CONCLUSIONS OF LAW: 1. The Bend Area General Plan has the following language with respect to plan amendments: "Plan changes shall be consistent with the goals, PA -93-2 PAGE 3 0127-1 t U objectives, policies, and statements of intent of the plan, or these guidelines shall be first changed or amended to reflect new policies. An individual requesting a change shall 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." 2. The Plan has the following goals for the transportation circulation system: * To provide a safe, convenient means of movement for people and goods within the urban area. * To reduce congestion and prevent further congestion. * To recognize and respect the natural features over which streets pass to minimize adverse impacts on these features. * To provide for pedestrian, bicycle, and public transportation needs within the street system. * To implement needed improvements in order to foster economic development and to promote safety and reduce congestion. 3. The following "Statements of Intent of the Plan - Circulation" are applicable to the subject application: 2. Rights of way for arterial and collector streets shall be obtained as part of the development process. 3. Efforts shall be made to acquire parts of rights of way necessary for the correction of intersections, excessively sharp curves, or to complete the continuity of alignment prior to development so that the cost of acquisition to the public will be minimized. 4. Access control shall be part of the design standards for collectors and arterials. 8. Urban minor arterial streets should have landscaped median strips wherever possible, together with left -turn refuge lanes. 4. The only language in the Plan that relates directly to this area is the following on page 6 of the Transportation Circulation Element: "A series of arterials are shown on the west side of Highway 97/20 extended north to Empire Boulevard across PA -93-2 PAGE 4 0-1-207-1/271 Highway 20 and north to Cooley Road. The purpose is to provide access to the industrial and commercial properties in the area." STAFF FINDINGS: The existing road (Hunnell) shown on the transportation plan map that connects Cooley Road south to Robal Lane, and which actually is shown connecting to Highway 20 needs to be realigned. Some of the roads shown on the transportation plan map are generalized locations, which have never been surveyed or field investigated or possibly never reviewed on an aerial photo in an office. Staff finds that this road is in that category. The Hunnell Road location as depicted on the transportation plan map runs directly through a wrecking yard business and divides the property that is the subject of this plan amendment in an unreasonable manner. In addition, the southern extension of this road south of Robal Lane runs directly through the Mt. View Mall structure and parking areas and is no longer valid. A change to the transportation plan map for this road is both necessary and warranted. The State Highway Division (ODOT) has requested, with input from County Staff, that the transportation system for the surrounding area be reviewed. Other changes requested by ODOT include: * Frontage road adjacent to Highway 20 between Cooley Road on the north and the existing frontage road located at the State Police Office. * Frontage road adjacent to Highway 97 (east side) between Cooley Road on the north and Robal Lane on the south. * Robal Lane connection to Highway because the existing Mt. View Mall 20 will be moved or eliminated as construction. * Additional road between Cooley between Highways 20 and 97. Hunnell Road change: 20. This is requested connection to Highway part of the Parkway Road and Robal Lane Staff concurred with the applicant's assessment of the proposed change to Hunnell Road and its effect on the location of the minor arterial, which is stated as follows: 1. There has been no change in the functional classification of the minor arterial. 2. There has been no change in any standards related to the arterial. It still will require an 80 -foot right of way. PA -93-2 PAGE 5 01.27-1 � 2 3. There has been no change in the Comprehensive Plan or zoning which will result in levels of access or use inconsistent with designation as an urban minor arterial. 4. The designated location of the road will not reduce the level of service of the arterial as planned. The area through which the Hunnell Road connection is to traverse is zoned CH, Highway Commercial and UAR-10, Urban Area Reserve. The Hunnell Road connection is located within the Inner Urban Growth Boundary of Bend. Access to the parcels in this area is limited to either Cooley Road, Robal Lane or Highways 20 or 97. There is a desire on the part of the State, County and City to limit access to the principal arterials, Highways 20 and 97, and to have access be from other roads. With the location of the proposed road between Cooley and Robal, the safety and accessibility of the area and the properties involved will be increased and direct access will not be necessary from the highways. Staff finds that there has been a change in conditions in this area, specifically the development of the Mt. View Mall and the necessity to move the west entrance of the Mall north. The Bend Parkway will be constructed which will affect traffic in this area, making it imperative for parcels in the area to be accessed from interior roads. The Hunnell Road connection from Cooley to Robal needs to facilitate more lots than what is shown on the transportation plan map. If it is moved to the west, it will allow access to more parcels of land. There is a demonstrated public need and benefit for the change. The staffs of ODOT, and the City Public Works, County Public Works and the Planning Division all support the proposed change. The Planning Division finds that the proposed road change to Cooley Road is warranted and recommended approval of this change. The Planning Commission found that the proposed change is necessary and appropriate. Other transportation plan changes: * Frontage road between Cooley Road and Robal Lane on the east side of Highway 97. The Planning Commission found that this proposed road was a needed facility which would provide access to properties adjacent to Highway 97, preserving the safety and movement of traffic on the highway. Should the highway ever become a limited access freeway, the frontage road could provide the necessary access for the commercial businesses located on the east side of Highway 97 in this area. The Planning Commission stated no intended purpose or desire to remove the existing access to Highway 97, unless the State Highway Division determined that was necessary. PA -93-2 PAGE 6 U -47-10<e 13 * Frontage road adjacent to Highway 20 between Cooley Road on the north and the State Police Office (where the existing frontage road now enters Highway 20) on the west side of Highway 20. The Planning Commission found that this proposed frontage road is also a needed facility which will provide access to properties adjacent to Highway 20. The construction of the Bend Parkway and other possible road improvements in the Highway 20 area will necessitate limited access to the highway and require that properties adjacent to the highway take access from secondary roads. A frontage road between Cooley Road and the northern end of the existing frontage road will provide the needed access for these properties. Staff concurs with the assessment of Mark DeVoney, Region Planner for ODOT on the frontage road for Highway 20 and no requirement for a goal 11 or 14 exception for a frontage road outside of an urban growth boundary, in the memorandum dated May 24, 1993. * Robal Lane connection to Highway 20. The Planning Commission found that this connection is necessary for the transportation system in the area. The construction of the Bend Parkway will require that the existing entrance into the Mountain View Mall from Highway 20 be closed and a relocated entrance from Highway 20 be established. The Robal Lane connection to Highway 20 will serve this purpose and also provide additional access to properties in the Golden Triangle area. * Additional road or frontage road between Cooley Road and Robal Lane between Highways 20 and 97. The Planning Commission found that the property adjacent to Highway 20 on the east side should be served by interior roads or a frontage road. No specific location for a frontage road or interior roads was reviewed or approved by the Planning Commission. The development of the property will help determine where the roads serving the property should be located. The roads will require review by the State Highway Division, the City and County Public Works Departments, and the City and County Planning Staffs. This level of review will protect the integrity and function of the Highway 20 vicinity without specifying a road or roads location at this time. PA -93-2 PAGE 7