2006-359-Ordinance No. 2006-004 Recorded 3/23/2006REVIEWED
LEGAL COUNSEL
REVIEWED
CODE REVIEW COMMITTEE
DESCHUTES COUNTY OFFICIAL RECORDS CJ 7046.359
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 03/23/2006 02:59:30 PM
111LI I
2 -3 •
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Chapter 17.16, of the
Deschutes County Subdivision Code (Tentative
Plans), to add Requirements for Traffic Impact
Studies.
ORDINANCE NO. 2006-004
WHEREAS, the Deschutes County Community Development Department Staff proposed an
addition to Title 17.16, the Deschutes County Subdivision Code (Tentative Plans), to add
requirements to provide levels of analysis for traffic impact studies, and
WHEREAS, the Deschutes County Planning Commission held a public hearing regarding TA-
06-6 on December 8, 2005, and subsequent to that hearing, has forwarded a recommendation for
approval to the Deschutes County Board of Commissioners ("Board"), and
WHEREAS, after a public hearing on February 22, 2006, the Board finds it to be in the public
interest to adopt the proposed additions to Title 17.16; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. AMENDMENT. DCC 17.16 is amended to read as described in Exhibit "A,"
attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stFikethFOLIgh.
PAGE 1 OF 2 - ORDINANCE NO. 2006-004 (03/01/2006)
Section 2. FINDINGS. The Board adopts as its findings for this ordinance the Staff Report
attached as Exhibit "B"and incorporated by reference herein.
DATED this day of ~ C AC'k- , 2006.
BOARD OF COUNTY COMMISSIONERS
OF DESCH S COUNTY, OREGON
D NIS R. LUKE, Chair
Date of 1St Reading: / ~r day of
wd
Date of 2nd Reading: day of CAL; 2006.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke r/
Bev Clarno
Michael M. Daly
Effective date: day of 2006.
ATTEST:
Js-~ slftm--
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2006-004 (03/01/2006)
BEV CLARNO, Vice Chair
EXHIBIT "A"
Chapter 17.16. APPROVAL OF
SUBDIVISION
TENTATIVE PLANS
AND MASTER
DEVELOPMENT PLANS
17.16.010.
Application-Submission.
17.16.020.
Scale of tentative plan.
17.16.030.
Informational requirements.
17.16.040.
Protective covenants and
homeowner association
agreements.
17.16.050.
Master development plan.
17.16.060.
Master development
plan-Approval.
17.16.070.
Development following approval.
17.16.080.
Tentative plan as a master plan.
17.16.090.
Tentative plan approval.
17.16.100.
Required findings for approval.
17.16.105.
Access to subdivisions.
17.16.110.
Resubmission of denied tentative
plan.
17.16.115.
Traffic Impact Study.
17.16.010. Application-Submission.
Any person proposing a subdivision, or his
authorized agent or representative, shall include
with an application and filing fee for a
subdivision, a tentative plan, together with
improvement plans and other supplementary
material as may be required. A master
development plan may also be required in
accordance with DCC 17.16.050. The applicant
must submit 20 copies of any plan required,
together with all required accompanying material
to the Planning Department.
(Ord. 90-003 § 1, Exhibit A, 1990; Ord. 81-043 §
1, Exhibit A, § 3.015, 1981)
17.16.020. Scale of tentative plan.
The tentative plan of a proposed subdivision shall
be drawn on a sheet at a scale not greater than one
inch per 400 feet, or as approved by the Planning
Department.
(Ord. 90-003 § 1, Exhibit A, 1990; Ord. 81-043 §
1, Exhibit A, § 3.020, 1981)
17.16.030. Informational requirements.
The following information shall be shown on the
tentative plan or provided in accompanying
materials. No tentative plan shall be considered
complete unless all such information is provided.
A. General Information Required.
1. Proposed name of the subdivision;
2. Names, addresses and phone numbers of
the owners of record, authorized agents
or representatives, engineer or surveyor,
and any assumed business names filed or
to be filed with the Corporation
Commission by the applicant;
3. Date of preparation, true north, scale and
gross area of the proposed subdivision;
4. Appropriate identification of the drawing
as a tentative plan for a subdivision;
5. Location and tract designation sufficient
to define its location and boundaries, and
a legal description of the tract boundaries
in relation to existing plats and streets;
6. Certified copy of the recorded instrument
under which the applicant claims an
ownership interest, such as a copy of a
land sales agreement or similar binding
agreement, which binds the applicant in
the event of tentative approval;
7. Title report or subdivision guarantee.
B. Information Concerning Existing Conditions.
1. Location, names and widths of existing
improved and unimproved streets and
roads, bikeways and access corridors in
the proposed subdivision and within 200
feet of the proposed subdivision;
2. Location of any existing features, such as
section lines, section corners, special
district boundary lines and survey
monuments;
3. Location of existing structures, irrigation
canals and ditches, pipelines, waterways,
railroads and any natural features, such as
rock outcroppings, marshes, wooded
areas and natural hazards;
4. Location and direction of watercourses,
and the location of areas subject to
flooding and high water tables;
5. Location, width and use or purpose of
any existing easement or right of way for
utilities, bikeways and access corridors
within and adjacent to the proposed
subdivision;
6. Existing sewer lines, water mains,
culverts and other underground and
PAGE 1 of 6 - EXHIBIT "A" TO ORDINANCE No. 2006-004 (3/1/2006)
EXHIBIT "A"
C
overhead utilities within and adjacent to
7. Phase boundaries outlined in bold lines,
the proposed subdivision, together with
if phasing is contemplated for the
pipe sizes, grades and locations;
subdivision;
7.
Contour lines related to some established
8. Source, method and preliminary plans for
benchmark or other engineering
domestic and other water supplies,
acceptable datum and having minimum
sewage disposal, solid waste disposal and
intervals of two feet for slopes of less
all utilities;
than five percent, 10 feet for slopes of
9. Description and location of any proposed
five to 20 percent, and 20 feet for slopes
community facility;
greater than 20 percent;
10. Storm water and other drainage facility
8.
Zoning classification of lands within and
plans;
adjacent to the proposed subdivision;
11. Statement from each utility company
9.
A map showing the location of any site
proposed to serve the subdivision, stating
zoned SM, Surface Mining, under DCC
that each such company is able and
Title 18, within one-half mile of the
willing to serve the subdivision as set
proposed subdivision or partition
forth in the tentative plan;
boundary;
12. Proposed fire protection system for the
10.
The structures, trees, rock outcroppings
subdivision;
or other shade producing objects, if the
13. Solar access:
object will cast shade from or onto the
a. Provide a statement relative to the
subdivision.
solar access to be provided by the
Information Concerning Proposed
subdivision plan.
Subdivision.
b. Determine the location and type of
1.
Location, names, width, typical
street trees, if proposed.
improvements, cross-sections, bridges,
14. Location and design of all proposed
culverts, approximate grades, curve radii
bicycle and pedestrian facilities;
and centerline lengths of all proposed
15. Location and design of all proposed
streets, and the relationship to all existing
facilities providing for public transit.
and proposed streets;
16. Appropriate Traffic Impact Study as
2.
Location, width and purpose of all
specified in 17.16.115.
proposed easements or rights of way for
D. Information for lots located in Surface
roads, utilities, bikeways and access
Mining Impact Area (SMIA) zones. For each
corridors, and relationship to all existing
lot located wholly or partially within a SMIA
easements and rights of way;
zone, an applicant shall submit a site plan,
3.
Location of at least one temporary
accompanied by appropriate site plan fees
benchmark within the subdivision
,
indicating the location of proposed noise or
boundary;
dust sensitive uses (as defined in DCC Title
4.
Location, approximate area and
18), the location and dimensions of any
dimensions of each lot, and proposed lot
mitigating berms or vegetation and data
numbers;
addressing the standards of DCC 18.56, as
5.
Location, approximate area and
amended, with respect to proposed noise or
dimensions of any lot or area proposed
dust sensitive uses.
for public use, the use proposed, and
(Ord. 2006-004 § 1, 2006; 93-012 § 15, 1993;
plans for improvements or development
Ord. 90-003 § 1, Exhibit A, 1990; Ord. 83-039
thereof,
3-5, 1983; Ord. 81-043 § 1, Exhibit A, § 3.025,
6.
Proposed use, location, approximate area
1981)
and dimensions of any lot intended for
nonresidential use;
PAGE 2 of 6 - EXHIBIT "A" TO ORDINANCE No. 2006-004 (3/1/2006)
EXHIBIT "A"
17.16.040. Protective covenants and
homeowner association
agreements.
Landowner covenants, conditions, and
restrictions and homeowner association
agreements are not relevant to approval of
subdivisions and partitions under DCC Title 17,
unless otherwise determined by the County to
carry out certain conditions of approval, such as
road maintenance or open space preservation.
Any provisions in such agreements not in
conformance with the provisions of DCC Title 17
or applicable zoning ordinances are void.
(Ord. 93-012 § 16,1993; Ord. 90-003 § 1, Exhibit
A, 1990)
17.16.050. Master development plan.
An overall master development plan shall be
submitted for all developments affecting land
under the same ownership for which phased
development is contemplated. The master plan
shall include, but not be limited to, the following
elements:
(Ord. 93-012 § 17, 1993; Ord. 81-043 § 1, Exhibit
A, § 3.030, 1981)
17.16.060. Master development plan-
Approval.
The Planning Director or Hearings Body shall
review a master development plan at the same
time the tentative plan for the first phase is
reviewed. The Planning Director or Hearings
Body may approve, modify or disapprove the
master plan and shall set forth findings for such
decision. The Planning Director or Hearings
Body may also attach conditions necessary to
bring the plan into compliance with all applicable
land use ordinances and policies. Any tentative
plan submitted for the plan area shall conform to
the master plan unless approved otherwise by the
County. Master plan approval shall be granted
for a specified time period by the Planning
Director or Hearings Body, and shall be included
in the conditions of approval.
(Ord. 93-012 § 18, 1993; Ord. 90-003 § 1, Exhibit
A, 1990; Ord. 81-043 § 1, Exhibit A, § 3.030,
1981)
A. Overall development plan, including phase or
unit sequence;
B. Show compliance with the comprehensive
plan and implementing land use ordinances
and policies;
C. Schedule of improvements, initiation and
completion;
D. Overall transportation and traffic pattern
plan, including bicycle, pedestrian and public
transit transportation facilities and access
corridors;
E. Program timetable projection;
F. Development plans for any common
elements or facilities;
G. If the proposed subdivision has an unknown
impact upon adjacent lands or lands within
the general vicinity, the Planning Director or
Hearings Body may require a potential
development pattern for streets, bikeways and
access corridors for adjoining lands to be
submitted together with the tentative plan as
part of the master development plan for the
subject subdivision.
17.16.070. Development following approval.
Once a master plan is approved by the County,
the plan shall be binding upon both the County
and the developer; provided, however, after five
years from the date of approval of the plan, the
County may initiate a review of the plan for
conformance with applicable County regulations.
If necessary, the County may require changes in
the plan to bring it into conformance.
(Ord. 81-043 § 1, Exhibit A, § 3.040, 1981)
17.16.080. Tentative plan as a master plan.
A. As an alternative to the filing of a master plan
for phased development, the applicant may
file a tentative plan for the entire
development. The plan must comply with the
provisions of DCC Title 17 for tentative
plans.
B. If the applicant proposed to phase
development, he shall provide sufficient
information regarding the overall
development plan and phasing sequence
when submitting the tentative plan.
PAGE 3 of 6 - EXHIBIT "A" TO ORDINANCE No. 2006-004 (3/1/2006)
EXHIBIT "A"
C. If the tentative plan is approved with phasing,
the final plat for each phase shall be filed in
accordance with DCC 17.24.020 through
17.24.110.
(Ord. 81-043 § 1, Exhibit A, § 3.045, 1981)
17.16.090. Tentative plan approval.
A. The Hearings Body shall review the
application and any comments submitted by
other appropriate County, state, or federal
agencies and shall render a decision in
accordance with DCC 17.16.100, setting
forth findings supporting its decision.
B. Approval of the tentative plan shall not
constitute final acceptance of the plat of the
proposed subdivision for purposes of
recording; however, approval of such
tentative plan shall be binding upon the
County for the purposes of preparation and
review of the final plat. Upon review of the
final plat, the County may require
compliance with the terms of its tentative
plan approval of the proposed subdivision
and the terms of DCC Title 17.
(Ord. 90-003 § 1, Exhibit A, 1990; Ord. 81-043 §
1, Exhibit A, § 3.055(1), 1981)
17.16.100. Required findings for approval.
A tentative plan for a proposed subdivision shall
not be approved unless the Planning Director or
Hearings Body finds that the subdivision as
proposed or modified will meet the requirements
of DCC Title 17 and DCC Title 18 through 21,
and is in compliance with the comprehensive
plan. Such findings shall include, but not be
limited to, the following:
A. The subdivision contributes to orderly
development and land use patterns in the
area, and provides for the preservation of
natural features and resources such as
streams, lakes, natural vegetation, special
terrain features, agricultural and forest lands
and other natural resources.
C. The tentative plan for the proposed
subdivision meets the requirements of ORS
92.090.
D. For subdivision or portions thereof proposed
within a Surface Mining Impact Area
(SMIA) zone under DCC Title 18, the
subdivision creates lots on which noise or
dust sensitive uses can be sited consistent
with the requirements of DCC 18.56, as
amended, as demonstrated by the site plan
and accompanying information required
under DCC 17.16.030.
E. The subdivision name has been approved by
the County Surveyor.
(Ord. 93-012 § 19, 1993; Ord. 90-003 § 1, Exhibit
A, 1990; Ord. 81-043 § 1, Exhibit A, § 3.060,
1981)
17.16.105. Access to subdivisions.
No proposed subdivision shall be approved unless
it would be accessed by roads constructed to
County standards and by roads accepted for
maintenance responsibility by a unit of local or
state government. This standard is met if the
subdivision would have direct access to an
improved collector or arterial, or in cases where
the subdivision has no direct access to such a
collector or arterial, by demonstrating that the
road accessing the subdivision from a collector or
arterial meets relevant County standards and has
been accepted for maintenance purposes.
(Ord. 93-012 § 19(A), 1993)
17.16.110. Resubmission of denied tentative
plan.
A. If the tentative plan for a subdivision is
denied, resubmittal thereof shall not be
accepted for a period of six months after the
date of the final action denying such plan.
Upon resubmission, the applicant shall
consider all items upon which the prior denial
was based, and the resubmission shall be
accompanied by a new filing fee.
B. The subdivision will not create excessive
demand on public facilities and services, and
utilities required to serve the development.
B. A tentative plan resubmitted in accordance
with DCC 17.16.110 shall be reviewed in the
same manner as any other tentative plan.
(Ord. 90-003 § 1, Exhibit A, 1990; Ord. 81-043 §
1, Exhibit A, § 3.035, 1981)
PAGE 4 of 6 - EXHIBIT "A" TO ORDINANCE No. 2006-004 (3/1/2006)
EXHIBIT "A"
17.16.115. Traffic Impact Studies.
A. For purposes of DCC 17.16.115, the
transportation system includes public and private
roads, intersections, sidewalks bike facilities
trails, and transit systems.
B. The applicant shall meet with County staff in
a pre-application conference to discuss study
requirements, then generate the traffic study and
submit it concurrently with the land use
application.
C. Guidelines for Traffic Impact Studies
1. All traffic impact studies shall be
conducted under the direction of a
professional traffic engineer who is
licensed in the State of Oregon and is
otherwise qualified to prepare traffic
studies.
2. The final report shall be stamped and
signed by the Registered Professional
Traffic Engineer responsible for the
document.
3. The County Engineer shall determine
when the report has satisfied all the
requirements of the development's
impact analysis. Incomplete reports
shall be returned for completion.
4. The following vehicle trip generation
thresholds shall determine the level and
scope of transportation analysis required
for a new or expanded development.
a. No Report is required if there are
fewer than 50 trips per day
generated during a weekday.
b. Site Traffic Report (STR): If the
development or change in use will
cause the site to generate 50-200
daily trip ends, and less than 20 PM
peak hour trips, a Site Traffic
Report will be required.
c. Traffic Impact Analysis (TIA): If
the development or change in use
will generate more than 200 trip
ends and 20 or more PM peak hour
trips, then a Traffic Impact Analysis
(TIA) shall be required.
D. Traffic Study Area
1. After consulting with other affected
jurisdictions, the County Engineer shall
determine the impact analysis area.
2. The impact analysis study area shall
include, at a minimum:
a. All site access points to the public
roadway system via either a
driveway or private roadway,
b. Nearest intersecting collector or
arterial roads to the development
that would experience an increase of
25 additional peak hour trips•
c. Any other collector or arterial
intersection requested by staff. taff.
E. Study Time Frames
1The analysis shall include the followin
time frames.
a. Existing conditions (including
approved, but not yet built
developments as identified by the
County Engineer);
b. Completion year of each significant
phase of the development;
c. Five year forecast after build out for
each phase of development or the
final phase of development.
d. Generators of large volumes of
traffic (>5,000 daily and >500 peak
hour trips), zone changes, and any
destination resort development will
also require an analysis of traffic
conditions in a twenty-year horizon.
F. Minimum _ Study Requirements for a Site
Traffic Report (STR)
1. The minimum study requirements for a
Site Traffic Re op rt are:
a. A vicinity map showing the location
of the project in relation to the
transportation system of the area;
b. Trip generation forecast using data
from the most recent edition of the
Institute of Transportation
Engineers (ITE) Trip Generation
Manual unless more appropriate
data is available and approved b
the County Engineer;
c. Trip distribution and assignment;
d. Safety analysis of the site accesses,
including sight distance and
PAGE 5 of 6 - EXHIBIT "A" TO ORDINANCE No. 2006-004 (3/1/2006)
EXHIBIT "A"
operation characteristics;
e. Description of the proposed
development and surrounding land
uses;
G. Minimum Study Requirements for a Traffic
Impact Analysis (TIA)
1. The minimum study requirements for a
Traffic Impact Report are:
a. A vicinity map showing the location
of the project in relation to the
transportation system of the area;
b. All of the elements of a STR,
c. Traffic signal progression analysis
and interconnection if a new signal
is proposed,
d. A response in the final report to any
supplemental study issues identified
by other affected jurisdictions,
e. Appropriate traffic calming
techniques if the project distributes
trips to a residential local road and
is projected to increase the volumes
on that road to a volume greater
than 1,000 ADT;
f. Trip generation forecasts using data
from the most recent edition of the
Institute of Transportation
Engineers (ITE) Trip Generation
Manual unless the County En ineer
approves an alternate data source;
g. Trip distribution assumptions are
based on historical data, existing
and future travel characteristics, and
capacity constraints;
h. A complete description and drawing
of the proposed development.
i. Existing traffic volumes;
j. Existing and future levels of service,
average vehicle delay and volume
/capacity ratios (V/C) for all
intersections and road sections
within the study area for conditions
with and without the proposed
rp of ect,
k. Forecast traffic volumes with and
without the development;
1. Safety analysis of the site accesses
include sight distance and o erp ation
characteristics,
m. Analysis of right and left turn lane
warrants (ODOT standards);
n. Analvsis of parking needs of the
proposed development,
o. When needed, warrant analysis for
traffic control devices,
p. Findings and conclusions including
a recommendation of suggested
potential mitigation for off-site
impacts and an evaluation of the
effectiveness of those solutions.
H. Operation And Safety Standards
1. The minimum operational and safety
standards for use on Deschutes Counter s
roads are:
a. The minimum level of service for
intersections and roads, during the
P.M. Peak Hour, i-sshall be LOS "D"
on existing facilities and LOS "C"
on new facilities.
b. The minimum sight distance for
driveways and intersections is
defined in ASSHTO's
"GEOMETRIC DESIGN OF
HIGHWAYS AND STREETS" and
the AASHTO "Design Guidelines
for Verv-Low Volume Local Roads
400 ADTL
1. Miti-ag_tion
1.The applicant shall be responsible to
mitigate any safety or capacity problems
that are caused by their proposed
development.
2. At the County Engineer's discretion, if
there are pre-existing _safety deficiencies
and/or capacity failures at relevant
intersections or road frontages within
the impact analysis area, then no
additional development shall be allowed
until a solution that accounts for the
proposed project's additional impacts is
funded or built.
(Ord. 2006-004 & 1, 2006)
PAGE 6 of 6 - EXHIBIT "A" TO ORDINANCE No. 2006-004 (3/1/2006)
,,',A X
Community Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING
February 22, 2006
STAFF: Steve Jorgensen, Senior Transportation Planner
Subject: Ordinance 2006-004, amending the Deschutes County Code (DCC) Chapter
17.16, and Ordinance 2006-005, amending DCC Chapter 18.24 to Adopt
Language that Requires Various Levels of Traffic Impact Analysis for
Certain Land Use Applications.
INTRODUCTION:
The Deschutes County Community Development and Road Departments have operated for
many years without clear and objective requirements for traffic impact studies. We have often
relied on other jurisdiction's requirements as examples, and as such, the application of
"example" requirements may have been inconsistent. These traffic studies are necessary to
allow the Planning and Road Department staffs to equitably assess the impacts to traffic and
County transportation facilities when certain land use actions are proposed. In addition to staff
issues, applicants for land use permits often anticipate using our guidelines, yet when
questioned, we have had to refer to non-County guidelines. The attached guidelines were
drafted by the County Road Department and are intended to fill this void by creating a
requirement based in DCC Title 17, and referenced in DCC Title 18.
ACTION:
The Planning Commission held a public hearing regarding this topic on December 8, 2005, and
has forwarded a recommendation for approval to the Board of County Commissioners (BOCC).
Staff requests that the BOCC hold a public hearing on the proposed Traffic Impact Study
guidelines, including the text change in DCC Title 17.16, (Ordinance 2006-004, Attachment A),
and the added text in DCC Title 18.124 (Ordinance 2006-005, Attachment B). Following the
close of the hearing, staff seeks a recommendation from the BOCC for approval of these
ordinances.
Please contact me at 6718 if you have questions or need additional information.
Attachments: A) Draft Ordinance 2006-004, Subdivision Code Amendment (Chapter 17.16)
B) Draft Ordinance 2006-005, Zoning Code Amendment (Chapter 18.124)
PAGE 1 OF 1 - EXHIBIT "B" TO ORDINANCE No. 2006-005 (03/01/2006)
Quality Services Performed with Pride