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1994-04925-Ordinance No. 94-012 Recorded 2/3/1994REVIEWED 94-04925 �,) BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHITESLOPONMNSUREGOR An Ordinance Amending the Bend Area General Plan Transportation Plan Map and Declaring an Emergency. ORDINANCE NO. 94-012 0128_1510 WHEREAS, the Bend Area General Plan includes a Transportation Plan Map relating to the transportation facilities in the Bend Urban Area; and WHEREAS, the County Public Works Department applied for a Plan Amendment to move the location of proposed urban minor arterials, referred to as the 18th Street Extension, 27th Street Extension and the Empire Avenue Extension; 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 add a new urban minor arterial as an extension of 27th Street, from Butler Market Road north and west to a point west of the Pilot Butte Canal where it intersects with the 18th Street Extension described herein, as shown on the map attached hereto and incorporated herein as Exhibit "A" and labeled the 1127th Street Extension". (2) To add a new urban minor arterial as an extension of an arterial shown on the current plan extending south from the section line between sections 15 and 22 in Township 17 S. Range 12 E.W.M. to a point connecting to the 27th Street Extension west of Pilot Butte Canal, as shown on the map attached hereto as Exhibit "A" and labeled the 1118th Street Extension". Section 2. The Transportation Map included as part of the Bend Area General Plan is amended to change the alignment of a portion of an arterial generally known as Empire Avenue. The portion being changed is shown on the current Trans- portation Map in the NE 1/4 of Section 21, Township 17 S, Range 12 E.W.M. and the NW 1/4 of Section 22 of said Township and Range and is an extension of present day Empire Avenue. The new alignment, which replaces and epeals the existing KE INC 1 ­ ORDINANCE NO. 94-012 - 1 F - 41994 � ` J 0128-1511 alignment in the same area to the extent if differs, is shown on Exhibit "A", attached hereto and by this reference incorporated herein, labelled as "Empire Avenue Extension". Section 3. The Board of County Commissioners adopts as its Findings in support of these Plan Map Amendments, the Staff Reports of the County Public Works Department and Planning Division attached as Exhibits "B" and "C" respectively and by this reference incorporated herein. Section 4. 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 5. REPEAL OF ORDINANCES AS AFFECTING EXISTING LIABILITIES. The repeal, express or implied, of any ordinance, ordinance provision, code section or any line on any map by this ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability incurred under such ordinance, ordinance provision, code section or map feature unless a provision of this ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force 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 6. 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. DATED this i day of h , 1994. ATTEST: Recording Secretary ORDINANCE NO. 94-012 - 2 BOARD OF COUNTY COMMISSIONERS OF DE CHUTES COUNTY, OREGON , Chair TO OOP, Com issioner BARRY H./S)mmissioner E 0128-1512 EXHIBIT "A" Project W271-01 27th St. Ext.— Empire Ave. Ext. Located in Township 17 South, Range 12 East, W.M. = 10�' 54r ,--4- Fa.4e4qsioo Ennpir— AveKu.e- Ex&lisioo a7 't"� S}mc f E.x-le-05 i bh EXHIBIT "B" 0128-1513 STAFF REPORT A LAND USE APPLICATION IN THREE PARTS Submitted by Deschutes County Public Works Department at the request of the Deschutes County Board of Commissioners Revised, January 11, 1994 PART 1 A PROPOSAL TO AMEND THE BEND URBAN AREA GENERAL PLAN BY EXTENDING NE 27TH STREET FROM BUTLER MARKET ROAD TO THE EMPIRE AVENUE EXTENSION APPLICANT: Deschutes County Departmant of Public Works at the request of the Deschutes County Board of County Commissioners. PROPERTY OWNER: Bend Metro Parks and Recreation Service, Deschutes National Forest and Patrick Gisler. PROPERTY DESCRIPTION: See the attached location map showing the location of the proposed 80 foot right-of-way extending from Butler Market Road on the south to the intersection of 18th Street and the Empire Avenue Extension on the north. A legal description is included with this application. Note: The Forest service will not give or sell land for right of way across their property but has agreed to provide a 60 foot wide road easement in the proper alignment across their land. NATURE OF REQUEST: Applicant requests an amendment to the Transportation Element of the Bend Urban Area General Plan to add an arterial connector between 27th Street and Butler Market Road with 18th street and the Empire Avenue Extension. PART 1 BURDEN OF PROOF STATEMENT This proposal to amend the Bend Urban Area General Plan by adding the extension of 27th Street from Butler Market Road to the Empire Avenue Extension is being proposed for the following reasons: 1. Computer Model Studies of the Bend Urban Area Transportation Plan show that the Extension of 27th Street north of Butler Market Road to the Empire Avenue Extension would carry traffic that would otherwise travel on Butler Market, Boyd Acres, Yeoman and other area roads. 2. Butler Market Road would have to be widened to five lanes between 27th Street and Yeoman Road to carry the north -south traffic in an east -west direction on Butler Market Road, if 27th Street is not extended north of Butler Market Road. 3. The new residential growth and the Lava Ridge Elementary School located to the north and west of the proposed 0128-1514 27th Street Extension needs a connection with attractors to the south such as Mountain View High School, Pilot Butte Middle School, St. Charles Hospital, and the new Costco Store. 4. The extension of 27th Street north from Butler Market Road, in a northwesterly direction, allows the downgrading of both Yeoman Road and Old Deschutes Market Road as traffic carriers. It reduces future traffic volumes on these two residential roads and allows heavier through traffic to travel on a controlled access road. S. The 27th Street Extension will run across only four properties; the owners of which are all favorable to this route. The County has worked with the Trinity Lutheran Church, Bend Parks and Recreation District, Deschutes National Forest, and Pat Gisler to reach a mutually acceptable agreement on the alignment of the Extension. 6. A public meeting on the alignment of the 27th Street Extension was held at Mountain View High School on September 15, 1992 where fifty to sixty people were present to discuss the 27th Extension project. The general consensus was that the diagional route across the Gisler property and thence north on 18th Street was preferable to upgrading Yeoman Road northward through the Old Deschutes Road neighborhood and thence to an alignment on 18th Street further north. 7. The 27th Street Extension northward from Butler Market Road will provide a continuous arterial from Knott Road on the south to Cooley Road on the north. This arterial will provide access to such major traffic attractors as the Knott Landfill, High Desert Middle School, Public Works Department, Humane Society, Costco, Bend Clinic, St Charles Hospital, Lava Ridge Elementary School, and several nursing homes and mobile home parks. This route will, in turn, provide some relief to 8th, 9th, 15th, Boyd Acres, Shepard, and several other local and collector streets. STANDARD AND APPLICABLE CRITERIA: The following criteria may apply: 1. The Bend Area General Plan which establishes goals and policies for land development in the Bend Urban Area. 2. The Deschutes County Uniform Development Procedures ordinance which establishes criteria for the land use applications in the county. 0128-1515 COMPREHENSIVE PLAN AMENDMENT: To amend the Bend Area General Plan, an applicant must meet the following criteria set forth on page 69 of the Bend Area General Plan: "Plan changes shall be consistent with the goals, objectives, policies, and statements of intent, or these guidelines shall be first changed or amended to reflect new policy. An individual requesting a change shall demonstrate that the change is warranted due to changed circumstances, a mistake, or other specific facts that demonstrate a public need and benefit for the change." A. The proposed plan changes will be consistent with goals, objectives, policies and statements of intent of the plan. 1. Applicable Plan Goals and Objectives: (Bend Area General Plan, Page 3). Of the several goals and objectives that served as a framework in the preparation of the Bend Area General Plan, the County believes the following goals and objectives are applicable to its request: "1. To retain and enhance the character and quality of the Bend Area as growth occurs." 114. To recognize and respect the unusual natural beauty and character of the area so that the feeling of Central Oregon can be retained with the community as growth occurs." "6. To provide a safe and coordinated transportation and circulation system to bring about the best relationships between places where people live, work, shop, and play." "8. To retain and enhance desirable existing areas and to revitalize, rehabilitate, or redevelop less desirable existing areas." 2. Applicable General Policies: (Bend Area General Plan, Pages 4-5). The applicant believes that the following major policies and recommendations are applicable to its request: "3. Future Development and local development standards shall recognize and respect the character of existing areas. Maximum flexibility and development should be encouraged in undeveloped areas." 1110. Street and Highways should be located and constructed in a manner which will accomodate both current and future traffic needs, and they should be designed to maintain the character and quality of the areas through which they pass." 0128-1515 "13. Community Appearance shall continue to be a major concern and the subject of a major effort in the area. Street -tree planting and landscaping, sign regulations, and building improvements will all contribute to an improved environment, particularly along Highway 97. Major natural features, such as rock outcrops or stands of trees, should be preserved as a community asset as the area develops. This can be accomplished in subdivisions through careful siting of houses and streets." 3. Transportation Element. The applicant believes the following goals and description in the Transportation Element are applicable: a. Goals. (Transportation Element, Page 1). "To provide a safe, convenient means of movement for people and goods within the urban area." "To recognize and respect the natural features over which streets pass to minimize adverse impacts on those features. DISCUSSION The extension of 27th north from Butler Market Road to the extension of Empire Avenue at 18th will provide a safer more convenient and more direct route for moving people and goods than the current route. Under the present plan north -south traffic would be forced to travel on Butler market in an east -west manner and thence north on Yeoman, which is a collector, not an arterial, thence east -west again on the Empire/Yeoman extension to reach Empire Avenue at 18th. The 27th extension route is approximately 6,600 feet in length compared to about 8,000 feet in length for the Butler Market/Yeoman Route between the same two points. The proposed route is thus beneficial for the accomodation of traffic needs by being a more direct route with gentle curves and avoiding the 90 degree curves at both the north and south ends of Yeoman Road. The proposed extension of 27th also avoids the rock piles on the Gisler Property and avoids the productive portions of the Forest Service Pine Nursery. It does not require the removal of any existing residence or other structures. It allows for the orderly development of the Trinity Lutheran Church, the ongoing operation of the nursery, and the planning of the Gisler Property as a planned residential development. The Park District's Canal Baseball facility will have to be removed. The County is in the process of constructing a baseball diamond at the Park Districts Big Sky baseball complex on Neff Road to replace the field to be removed. 0128.151'7 B. Change is warranted due to changed circumstances, and other specific facts that demonstrate a public need and benefit for the change. DISCUSSION The change in the Transportation Element of the Bend Area General Plan is warranted due to a specific acknowledgement that this change will provide a more direct route to serve a growing and changing area, including a new elementary school, that wasn't forseen when the plan was adopted. Circumstances have changed in that there is more traffic in the area, specifically on Boyd Acres and Butler Market Roads than when the Plan was adopted. This change in the plan will reduce through traffic on parallel local streets such as Old Deschutes Road and Boyd Acres Road which directly serve residential areas. The through traffic will be placed on an arterial street where it belongs. CONCLUSION The Bend Area General Plan does show a north south collector street connection utilizing Yeoman and 18th to connect Butler Market Road with Cooley Road. This change replaces these off -set collectors with a more direct arterial making the same connection in a better manner in this growing area. PART 2 A PROPOSAL TO AMEND THE BEND URBAN AREA GENERAL PLAN BY MODIFYING THE LOCATION OF EMPIRE AVENUE BETWEEN BOYD ACRES ROAD AND 18TH STREET APPLICANT: Deschutes County Department of Public Works. PROPERTY OWNERS: Jesse and Velma Yardley, Edna B. Brinson, Geradine E. Silva, Mike Stencamp, Patrick Gisler and Scott Oakey. PROPERTY DESCRIPTION: See the attached location map showing the location of the proposed 80 foot wide right-of-way extending from the existing east end of Empire Avenue to the 27th Extension/18th intersection located about 400 feet west of the canal. A legal description has been prepared for this proposed right-of-way and it is attached. NATURE OF REQUEST: Applicant requests an amendment to the Transportation Element of the Bend Urban Area General Plan to locate the extension of Empire Avenue in a different alignment to connect to the western end of the 27th Street Extension at 18th Street. U128-1518 PART 2 BURDEN OF PROOF STATEMENT This proposed realignment of Empire Avenue between Boyd Acres Road and 18th Street as now shown on the Bend Urban Area Transportation Plan is being made for the following reasons: 1. The alignment of Empire Avenue shown on the Transportation Plan doesn't work. Due to topographical problems and land parcel boundaries, this northerly alignment is notas good as the more direct alignment with the 27th Street Extension. 2. The alignment of Empire Avenue now shown on the Transportation Plan creates too sharp of an angle coming into the intersection with 18th Street and Yeoman Road. 3. The proposed new alignment of Empire Avenue creates a smooth large radius curve meeting engineering standards for an arterial street. The existing alignment, shown on the Transportation Plan does not meet engineering standards for curves on an arterial. 4. The proposed new alignment provides the most direct route between the existing segment of Empire Avenue near Boyd Acres Road and the extension of 27th Street from the east. The heaviest traffic flow will be on the 27th Extension/Empire Extension east -west from Butler Market Road to Highway 97. 5. The proposed new alignment runs through undeveloped land and by being established at a specific location, allows for the orderly design and development of local streets feeding into it. 6. The proposed new alignment runs through the area in a more precisely fixed location to avoid rock piles and other topigraphical features. The present alignment, shown on the Plan, didn't take into account these physical features. 7. The new alignment takes advantage of major proerty lines to allow the property owners to more equitably share in the dedication of land for the development of the road. 8. The new Empire/27th alignment reduces through traffic on the east -west segment of Yeoman Road east of 18th Street as it avoids direct alignment with that road segment. 0128-1519 STANDARD AND APPLICABLE CRITERIA: The following criteria may apply: 1. The Bend Area General Plan which establihes goals and policies for land development in the Bend Urban Area. 2. The Deschutes County Uniform Development Procedures ordinance which establishes criteria for the land use applications in the county. COMPREHENSIVE PLAN AMENDMENT: To Amend the Bend Area General Plan, an applicant must meet the following criteria set forth on page 69 of the Bend Area General Plan: "Plan changes shall be consistent with the goals, objectives, policies, and statements of intent, or these guidelines shall be first changed of amended to reflect new policy. An individual requesting a change shall demonstrate that the change is warranted due to•changed circumstances, a mistake, or other specific facts that demonstrate a public need and benefit for the change." A. The proposed plan changes will be consistent with goals, objectives, policies and statements of intent of the plan. 1. Applicable plan goals and Objectives: (Bend Area General Plan, Page 3). Of the several goals and objectives that served as a framework in the preparation of the Bend Area General Plan, the County believes the following goals and objectives are applicable to its request: 111. To retain and enhance the character and quality of the Bend Area as growth occurs." 114. To recognize and respect the unusual natural beauty and character of the area so that the feeling of Central Oregon can be retained with the community as growth occurs." 116. To provide a safe and coordinated transportation and circulation system to bring about the best relationships between places where people live, work, shop, and play." 118. To retain and enhance desirable existing areas and to revitalize, rehabilitate, or redevelop less desirable existing areas." 2. Applicable General Policies: (Bend Area General Plan, pages 4-5). The applicant believes that the following major policies and recommendations are applicable to the request: 0128-1520 113. Future Development and local development standards shall recognize and respect the character of existing areas. Maximum flexibility and development should be encouraged in undeveloped areas." 1110. Street and Highways should be located and constructed in a manner which will accomodate both current and future traffic needs, and they should be designed to maintain the character and quality of the areas through which they pass." 1113. Community Appearance shall continue to be a major concern and the subject of a major effort in the area. Street -tree planting and landscaping, sign regulation, and building improvements will all contribute to an improved environment, particularly along Highway 97. Major natural features, such as rock outcrops or stands of trees, should be preserved as a community asset as the area develops. This can be accomplished in subdivisions through careful siting of houses and streets." 3. Transportation Element. The applicant believes the following goals and description in the Transportation Element are applicable: a. Goals. (Transportation Element, Page 1). "To provide a safe, convenient means of movement for people and goods within the urban area." "To recognize and respect the natural features over which streets pas to minimize adverse impacts on those features. DISCUSSION The modification in the location of the Empire Avenue extension will provide a safer intersection at 18th and Empire than what would result if the Bend General Plan currently shows. The modified location will provide a straight stretch of road right into the intersection from the west whereas the Plan currently shows a road coming directly into the intersection at an acute angle. In addition, testimony received at the public hearings held by the Bend Urban Area Planning Commission was overwhelmingly in favor of this alignment. The proposed modification of the location of Empire Avenue does provide a route running along the dividing line between undeveloped RS zoned residential land to the north and industrially zoned land to the south. This route also misses major rock outcrops and other significan natural features. 0128-1521 B. Change is warranted due to changed circumstances, and other specific facts that demonstrate a public need and benefit for the change. DISCUSSION This change in the Transportation Element of the Bend Area General Plan is warranted due to a specific acknowledgement that this change reflects the will of all the property owners involved. It also is warranted to divert industrial traffic away from residential areas and will provide gentle curves meeting arterial curve requirements, a mostly straight route, avoid rock formations, and not require the removal of any structures. CONCLUSION THE Bend Area General Plan does show Empire Avenue running through this area connecting the east end of Empire with the west end of the east -west portion of Yeoman Road. The proposed modified route provides a more direct route to the north end of 27th Street at Butler Market Road. This will keep most of the industrial traffic out of the residential areas to the north and will reduce traffic volumes on Yeoman Road east of 18th Street. PART 3 A PROPOSAL TO AMEND THE BEND URBAN AREA GENERAL PLAN BY EXTENDING 18TH STREET SOUTHWARD TO AVOID HAVING TO CROSS THE CANAL NORTH OF ITS INTERSECTION WITH THE EMPIRE/27TH EXTENSION APPLICANT: Deschutes County Department of Public Works. PROPERTY OWNERS: Pat Bauer, Patrick Geisler and Scott Oakley. PROPERTY DESCRIPTION: See the attached location map showing the location of the proposed 80 foot wide right-of-way extending from the south end of the Bauer property than jogging to the west to miss the canal and intersect with the Empire/27th Extension about 400 feet to the west of the canal. A legal description has been prepared for this proposed right-of-way and it is attached. NATURE OF REQUEST: Applicant requests an amendment to the Transportation Element of the Bend Urban Area General Plan to extend 18th Street further south than shown on the Plan. This extension is to be in a more westerly alignment to connect with the Empire/27th Extension west of the canal. The applicant also requests that 18th Street between Cooley Road and the Empire/27th Extension be reclassified from a collector to an arterial to reflect the importance of this route in serving the northern area of the Bend Urban Area. 0128-1522 Also, Cooley Road and the Empire/27th Extension are both arterials that need to be connected with a north -south running arterial. PART 3 BURDEN OF PROOF STATEMENT This proposed extension and realignment of the south end of 18th Street to the west from the south end of the Bauer Property to the Empire/27th Extension is being made for the following reasons: 1. Computer Model studies of the Bend Urban Area Transportation Plan how that the Empire/27th Extension will carry more traffic than will 18th street. This being the case, it was desirable to make the Empire/27th Extension the more direct route and take it over the canal and route 18th to the west to intersect with the Extension west of the canal. 2. The extension of 18th avoids having to build another bridge over the canal. 3. The extension of 18th provides land in enough depth along the canal that can be developed into reasonable residential parcels. 4. The gentle sweeping curve near the south end of 18th Street will help slow down traffic before it reaches the intersection with the Empire/27th Extension. This intersection is predicted to meet warrants for a traffic signal at a future date. S. The gentle curve in 18th Street will break up the monotony of the long straight stretch of road which may reduce speeds and keep drivers more alert. STANDARD AND APPLICABLE CRITERIA: The following criteria may apply: 1. The Bend Area General Plan which establishes goals and policies for land development in the Bend Urban Area. 2. The Deschutes County Uniform Development Procedures ordinance which establishes criteria for the land use applications in the County. COMPREHENSIVE PLAN AMENDMENT: To amend the Bend Area General Plan, an applicant must meet the following criteria set forth on page 69 of the Bend Area General Plan: 0128-1523 "Plan changes shall be consistent with the goals, objectives, policies, and statements of intent, or these guidelines shall be first changed or amended to reflect new policy. An individual requesting a change shall demonstrate that the change is warranted due to changed circumstances, a mistake, or other specific facts that demonstrate a public need and benefit for the change." A. The proposed Aland changes will be consistent with goals, objectives, policies and statements of intent of the plan. 1. Applicable Plan Goals and Objectives: (Bend Area General Plan, Page 3). Of the several goals and objectives that served as a framework in the preparation of the Bend Area General Plan, the County believes the following goals and objectives are applicable to its request: "1. To retain and enhance the character and quality of the Bend Area as growth occurs." 114. To recognize and respect the unusual natural beauty and character of the area so that the feeling of Central Oregon can be retained with the community as growth occurs." "6. To provide a safe and coodrdinated transportation and circulation system to bring about the best relationships between places where people live, work, shop, and play." 118. To retain and enhance desirable existing areas and to revitalize, rehabilitate, or redevelop less desirable existing." 2. Applicable General Policies: (Bend Area General Plan, Pages 4-5). The applicant believes that the following major policies and recommendations are applicable to its request: 113. Future Development and local development standards shall recognize and respect the character of existing areas. Maximum flexibility and development should be encouraged in undeveloped areas." "lo. Street and Highways should be located and constructed in a manner which will accomodate both current and future traffic needs, and they should be designed to maintain the character and quality of the areas through which they pass." 1113. Community Appearance shall continue to be a major concern and the subject of a major effort in the area. Street -tree planting and landscaping, sign regulations, and building improvements will alll contribute to an improved environment, particularly along Highway 97. Major natural 0128-1524 features, such as rock outcrops or stands of trees, should be preserved as a community asset as the area develops. This can be accomplished in subdivisions through careful siting of houses and streets." 3. Transportation Element. The applicant believes the following goals and description in the Transportation Element are applicable: a. Goals. (Transportation Element, Page 1). "To provide a safe, convenient means of movement for people and goods within the urban area." . "To recognize and respect the natural features over which streets pass to minimize adverse impacts on those features." DISCUSSION The extension of 18th Street southward beyond what is shown on the Transportation Plan will provide a safer more convenient and more direct route fir moving people and goods than the current route. Presently north -south traffic use Old Deschutes Road to travel north from Yeoman Road to reach Cooley Road. The southward extension of 18th Street will provide a direct route north from the Empire/27th Extension to connect to Cooley Road. The extension of 18th Street, taken with 18th farther north to Cooley will provide direct access to the new Lava Ridge Elementary School and the adjoining 40 acre Bend Park and Recreation District Park Site. This extension also eliminates the need to construct a bridge over the canal as it jogs to the west to meet the Empire/27th Extension west of the canal. Finally the extension of 18th postpones the need to cross the canal with a western extension of the east -west section of Yeoman road as the Empire/27th Extension provides a canal crossing further south. B. Change is warranted due to changed circumstances, and other specific facts that demonstrate a public need and benefit for the chance. DISCUSSION The change in the Transportation Element of the Bend Area General Plan is warranted due to a specific acknowledgement that this change will provide a more direct route to serve a growing and changing area, including a new elementary school that wasn't forseen when the plan was adopted. Circumstances have changed in that there is more traffic in the area, specifically on Boyd Acres and Butler Market Roads than when the Plan was adopted. This change in the through traffic on parallel local streets Deschutes Road and Boyd Acres Road which residential areas and place that traffic street where it belongs. CONCLUSION 0128-1525 plan will reduce such as Old directly serve on an arterial The Bend Area General Plan does show a north -south collector street connection utilizing Yeoman and 18th to connect Butler Market Road with Cooley Road. This extension of 18th allows for the downgrading of Yeoman Road north of the Empire/27th Extension and the reduction of traffic on both Old Deschutes Road north of Yeoman and Boyd Acres Road north of Empire Avenue. 0128-1525 Part 1 Proposed Legal Description- 27TH. St. Extension A strip of land for roadway and utility purposes located in Sections 15,and 22 of Township 17 South, Range 12 East, W.M., Deschutes County, Oregon, being 80.0 feet in width and lying 40.0 feet on each side of the following described centerline: Commencing at the SE corner of said Section 22,; thence along the East line of said Section 22 N0001'11"W 1806.05 feet to a point on the centerline of Butler Market Road; thence leaving said East section line, along the centerline of Butler Market Road S46°40'28"W 40.42 feet to the True Point of Beginning; thence, leaving the centerline of Butler Market Road, N13019132"W 140.45 feet; thence 823.36 feet along the arc of a 900.00 foot radius curve to the left, the long chord of which bears N39°32'02"W 794.95 feet; thence N65°44'32"W 2,039.98 feet; thence 186.94 feet along the arc of a 900.00 foot radius curve to the left, the long chord of which bears N71°41'34"W 186.61 feet; thence N77°38'36"W 894.86 feet; thence 178.90 feet along the arc of a 1000.00 foot radius curve to the right, the long chord of which bears N72°31'05"W 178.66 feet; thence N67°23'35"W 484.21 feet; thence 457.57 feet along the arc of a 1150.00 foot radius curve to the left, the long chord of which bears N78°47'30"W 454.56 feet to a point which falls N89°48'37"E 707.27 feet from the N1/16TH corner between Sections 21 and 22 of said Township and Range, said point also being the P.O.B. for the legal description of the centerline of Empire Avenue Extension. 0128-~1527 Part 2 Proposed Legal Description- Empire Ave. Extension A strip of land for roadway and utility purposes located in Sections 21,and 22 of Township 17 South, Range 12 East, W.M., Deschutes County, Oregon, being 80.0 feet in width and lying 40.0 feet on each side of the following described centerline: Beginning at a point on the centerline of the 27TH St. Extension which falls N89048'37"E 707.27 feet from the N1/16TH corner between Sections 21 and 22 of said Township and Range; thence S89°48'37"W 707.27 feet to said N1/16TH corner; thence, along the South line of the NE1/4 of the NEI/4 of said Section 21, N89055'11"W 1315.56 feet to the NE1/16TH corner of said Section 21; thence, along the South line of the NW1/4 of the NE1/4 of said Section 21, N89°55111"W 195.83 feet; thence, leaving said South line, 431.99 feet along the arc of a 900.00 foot radius curve to the left, the long chord of which bears S76019'4611W 427.85 feet; thence S62034144"W 476.44 feet; thence 599.49 feet along the arc of an 800.00 foot radius curve to the right, the long chord of which bears S84°02'48"W 585.57 feet; thence N74°29'08"W 202.73 feet to the centerline intersection of Empire Avenue and Boyd Acres Road, said point being a 2"O.D. brass cap set flush with the surface of the pavement. 0128-1528 Part 3 Proposed Legal Description- 18TH. St. Extension A strip of land for roadway and utility purposes located in Sections 15,and 22 of Township 17 South, Range 12 East, W.M., Deschutes County, Oregon, being 80.0 feet in width and lying 40.0 feet on each side of the following described centerline: Commencing at a point which falls N89°48'37"E 707.27 feet from the N1/16TH corner between Sections 21 and 22 of said Township and Range, said point also being the P.O.B. for the legal description of the centerline of Empire Avenue Extension; thence NO°04'30"W 282.10 feet; thence 550.20 feet along the arc of an 800.00 foot radius curve to the right, the long chord of which bears N19°37140"E 539.42 feet; thence N39°19'49"E 321.69 feet; thence 550.24 feet along the arc of an 800.00 foot radius curve to the left, the long chord of which bears N19°37'35"E 539.46 feet to a point which falls 40.00 feet West of the East line of the SWI/4 of the SW1/4 of said Section 15; thence, parallel to said East line, NO°04'39"W 1102.92 feet to a point on the South line of the NW1/4 of the SW1/4 of said Section 15, said point being 40.00 feet West of the East line of the NW1/4 of the SWI/4 of said Section 15; thence, parallel to said East line, N0004'39"W 1324.11 feet to a point on the South line of the SW1/4 of the NW1/4 of said Section 15, said point being 40.00 feet West of the East line of the SWI/4 of the NW1/4 of said Section 15; thence, parallel to said East line, NO°00'26"E 1323.65 feet to a point on the South line of the NW1/4 of the NW1/4 of said Section 15, said point being 40.00 feet West of the East line of the NW1/4 of the NW1/4 of said Section 15; thence, parallel to said East line, NO°01'02"E 1283.01 feet to a point which falls South 40.00 feet from the North line of said Section 15; thence, parallel to said North line, S89°35'39"W 1272.09 feet to a point on the West line of said Section 15, said point falls SO°05'49"W 40.00 feet from the NW corner of said Section 15. 0128-1 7„ EXHIBIT "C" N0':'sq-93 r. MSCH'JT 2 r> cous41 DESCHUTES COUNTY PLANNING DIVISION 1' .lUO Glt APPLICANT: I=WA ;aiZtri07:V4 PLACE: HEARINGS BODY: STAFF REPORT PA -93-8 Deschutes County Public Works Department Monday, November 22, 1993 7:00 P.M. City of Bend Public Works Building 1375 Forbes Avenue Bend, Oregon 97701 Bend Urban Area Planning Commission REQUEST: An application for a Plan Amendment to amend the Bend Urban Area Transportation Plan to adjust the location of the 27th Street/Cooley Road connector and to change the location of the Empire Blvd connection to this 27th/Cooley connector. BURDEN OF PROOF: A. The Bend Transportation Plan Map establishes an overall transportation plan for the Bend Urban Area. The Transportation Plan Map is part of the Bend Area General Plan. B. The Bend Area General Plan establishes criteria for plan amendments on page 69 of the updated plan as follows: "Plan changes shall be consistent with the goals, 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". PA -93-8 PAGE 1 0128-1530 C. Title 22 _i the Deschutes County _ode establishes procedures for all land use applications in the County. D. Oregon Administrative Rules 660-12-065 establishes criteria for transportation improvements on rural lands. FINDINGS OF FACT• 1. LOCATION: The proposed amendments to the transportation plan map are located in the northeast quadrant of Bend near the existing Yeoman Road and Empire Avenue._ The road changes are located in Sections 21 and 22 of Township 17 South, Range 12 East. 2. ZONING: The zoning of the area involved in the proposed transportation plan change is RS, Urban Standard Residential, IL, Light Industrial, and UAR-10, Urban Area Reserve. These areas are designated residential, light industrial and urban reserve by the Bend Area General Plan. 3. The County Public Works Department is requesting that the transportation plan map be amended to adjust the location of the Cooley Road/27th Street connector from its current location near Yeoman Road, and have a direct connection to 27th Street at Butler Market Road. This requires a road through the US Forest Service pine nursery property located adjacent to Yeoman Road. Additionally, Public Works is requesting that the Empire Blvd connection to the Cooley/27th connector be adjusted northward to tie in with the connector across from the westward extension of Yeoman Road. Public Works has submitted an 8 -page burden of proof statement, which is incorporated herein to this staff report. Public Works has also included a recent memorandum from Gary Judd, County Traffic Engineer on the proposed Cooley/27th connector on Highway 97 and local traffic. 4. The Planning Division sent notice of the proposed transportation plan change to several public agencies and received the following responses: A. The Oregon Department of Transportation, State Highway Division states the following: "This letter expresses the Oregon Department of Transportation's (ODOT) support for the proposed connection of 27th Street with Cooley Road. This proposed road, generally referred to as 18th Street, would serve a critical role in helping achieve an efficient street network in northeast Bend. Existing and future congestion on Boyd Acres, Butler Market, and Old Deschutes Road would be alleviated by providing an alternative route. In addition, this road would help PA -93-8 PAGE 2 0128-1531 alleviate t_affic congestion due to t.__ construction of the Parkway. While these road improvements will result in additional traffic at the intersection of Highway 97/Cooley Road, it is nevertheless imperative that a functional arterial grid be established in the northeast section of Bend. When signal warrants are met at the intersection of Cooley Road and Highway 97, a signal will be installed to address the additional traffic. This would be either a joint State/County effort or be at least partially subsidized by possible new development adjacent to the intersection." B. The Bend-LaPine School District submitted the following commments: "The school district is generally in support of this plan amendment. However, the school district is concerned about the traffic impact on Mountain View High School from the proposed connection. The attraction of this connector may draw additional vehicles in front of the school on 27th Street. Mitigation measure may be needed to lessen the impact of completion of this connection." C. Deschutes Reclamation and Irrigation Company submitted the following comments: "I have enclosed a copy of Sections 21 and 22 of our irrigation maps. I have roughed out the proposed roads in hopes of illustrating where the irrigated lands are in relationship to these roads. In Section 21, it appears that no water rights will have to be removed. The road will cross our Kotzman lateral, so arrangements will be needed to ensure the installation of the culvert before the irrigation season starts. Swalley requests approval of such installation design as we have experienced problems with past County work. In Section 22, the U.S.F.S. will have a small section of water rights involved. They have such a large operation, I feel this should not be a problem. However, they will need to contact us for remapping. If I understand your memorandum, the Parks Dept. is going to abandon the ball park area for a new park on Neff Road. The 5.0 acres of water rights will have to be removed and arrangements made for a transfer. Note: Neff Road is not in our district boundaries or delivery capabilities. This one is going to require some time. They should contact us right away. PA -93-8 PAGE 3 It appears ..hat with the Trinity However, it was the irrigation Parks Dept. and 0128-1532 the proposed road w_ 1 not interfere Lutheran Church's proposed irrigation. my understanding that the delivery of was through the ball park. Both the the Church need to address this issue." 5. The Planning Division has received two letters in response to the public notice sent out. One letter was from the attorney for a property owner affected by the Empire Blvd change who wanted to meet. The second letter expressed concern over the Empire connection directing traffic to the Yeoman Road/Old Deschutes Road intersection. CONCLUSIONS OF LAW: 1. The Public Works Department has addressed the plan change criteria of the Bend Area General Plan in the burden of proof statement submitted. Public Works has included plan policies and findings to demonstrate conformance with the Plan, attached as Exhibit A and incorporated by reference herein to the Staff Report. The Planning Division finds that the Public Works Department has addressed all the Plan change criteria and all the relevant policies regarding transportation in the Plan. 2. Oregon Administrative Rules 660-12-065 establishes standards for transportation improvements on rural lands. Under this section of the OAR's the following apply: 11(1) This section indentifies transportation facilities, services and improvements which may be permitted on rural lands consistent with Goals 3,4, 11 and 14 without a goal exception." 11(2) For the purposes of this section, the following definitions apply: (b) Local service roads: means collectors and arterials, but does not include state highways of regional or statewide significance." Staff findings: The proposed Cooley Road/27th Street connector meets the definition of a local service road. 11(4) The following transportation facilities and improvements are consistent with Goals 11 and 14 and may be located on rural lands:" "(q) New local service roads and extensions of existing local service roads on farm and PA -93-8 PAGE 4 4128-1533 1 _est lands as provided in sbsection (5) in this section." 11(5) New local service roads including extensions of existing local service roads shall comply with the following standards:" "(a) Only two lanes of traffic shall be accommodated." Staff findings: The proposed 27th/Cooley connector will have two lanes of traffic, with a bicycle lane on each side of the road. The road surface is to be 36 feet wide. "(b) Intersections and private accesses shall be limited to be consistent with rural uses and densities." Staff findings: For the record, Staff notes that the only portion of the proposed Cooley/27th connector that is subject to this section of OAR is from its intersection at Yeoman Road midway between Butler Market Road and the east -west portion of Yeoman Road to the North Unit Main Canal. This portion of the road accounts for approximately 1900-2000 feet. The proposed road connection will connect two areas of the urban growth boundary. This road connection will traverse through land that is zoned UAR-10, Urban Area Reserve. The property that is being traversed is owned by the US Forest Service, and is being used for their pine nursery operation. No access from the proposed connector to the Forest Service property is planned. A no access provision can be inserted into the Comprehensive Plan to insure consistency with rural use and density. There are no residential uses on the Forest Service property. "(c) Major realignments shall not be permitted." Major realignment is defined as a realignment where the center line of the roadway shifts outside of the existing right of way for a distance of one half mile or more. Staff findings: The proposed road is a new road and is not a major realignment, and consequently this criterion is not PA -93-8 PAGE 5 applic. _.le. 0128-1534 "(d) New local service roads shall be permitted only to connect built and committed areas or to reduce local access to and local traffic on a state highway. Acess to farm and forest land shall be limited." Staff findings: The proposed location for the 27th/Cooley connector will connect two areas of the urban growth boundary, both of which are zoned for standard density (6,000 square foot lots) residential development (RS zone). These areas are generally described as being west of the north -south portion of Yeoman Road and south of the North Unit Main Canal. The proposed connector will also connect areas in the urban reserve zone located to the southeast, east and north of the proposed road. These urban reserve areas are considered built and committed areas as they are designated for urban reserve and are not zoned for either farm or forest use. Approximately 1900-2000 feet of the proposed connection will be outside of the urban growth boundary in an urban reserve zone. As indicated in the memorandum from Gary Judd, County Traffic Engineer, in the year 2015, Highway 97, between Highway 20 and Cooley Road and Empire Blvd, will be operating at capacity (Service Level F) if the 27th St./Cooley Road connection is not constructed. This connector will reduce the Level of Service to D for Highway 97, which is the design level for County roads. Based on the above information, it is apparent the proposed connector will reduce local traffic on Highway 97 within the urban growth boundary of Bend. No access to the Forest Service land is proposed. A condition of approval of the Plan Amendment will be that no access to the connector outside of the urban growth boundary will be allowed. The pine nursery facility has existing access from Deschutes Market Road and Yeoman Road and no access to the new connector is needed or warranted. CONCLUSIONS: Evidence in the record shows the proposed Cooley Road/27th Street connection is a needed transportation facility. The proposed amendment allows a direct connection to the 27th PA -93-8 PAGE 6 0128-1535 Street/Butler Ma—et Road intersection whic,. All enhance the capacity and usefulness of this arterial road. Staff finds the proposed connection outside of the urban growth boundary on land designated for forest use (US Forest Service pine nursery) to be consistent with OAR 660-12-065. Consequently, no exception to Goals 11 or 14 is needed. Since the land being traversed is not zoned farm or forest, no exception to Goals 3 and 4 is needed. Staff also finds that the proposed changes to the arterials, the Cooley/27th connector and the Empire Blvd connection to the connector are consistent and in compliance with the Bend Area General Plan as indicated in the Burden of Proof statement submitted by Public Works. Therefore, Staff recommends approval of the proposed changes to the Transportation Plan Map as requested by the County Public Works Department subject to the following condition: 1. No access to the US Forest Service property from the Cooley Road/27th Street connector shall be allowed. PA -93-8 PAGE 7 Ei F.xis�r►� o Pia RiCW road or ✓'e al S PGS 10 Ca1�oP7 117 Art a N—r% — Project W271-01 27th St. Ext.— Empire Ave. Ext. Located in Township 17 South, Range 12 East, W.M.