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2019-407-Minutes for Meeting August 26,2019 Recorded 9/30/2019L�01 F S CpG BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541 ) 3 88-65 70 Recorded in Deschutes County CJ2019-407 Nancy Blankenship, County Clerk Commissioners'journal 09/30/2019 8:19:32 AM co 2019-407 7�r FOR RECORDING STAMP ONLY On Monday, August 26, 2019, the Deschutes County Board of Commissioners held a public hearing at 6:00 p.m. regarding the Terrebonne Refinement Plan at the Terrebonne Community School located at 1199 B Avenue, Terrebonne, OR. This public hearing was audio recorded and can be found on the Deschutes County Public Meeting Portal at http://deschutescountyor.igm2.com/Citizens/Detail Meeting.aspx?ID=2452 Present: Commissioners Phil Henderson, Patti Adair, and Tony DeBone. Also present were County Administrator Tom Anderson, Assistant Legal Counsel Adam Smith, Community Development Department Director Nick Lelack, Senior Transportation Planner Peter Russell, Road Department Director Chris Doty. Several citizens and identified representatives of the media were present. CALL TO ORDER: Chair Henderson called the hearing to order at 6:00 p.m. Introductions were made by the Board of County Commissioners welcoming everyone to the hearing this evening. PUBLIC HEARING: Commissioner Henderson read the opening statements. Senior Transportation Planner Peter Russell outlined the hearing procedures. Hearing no conflicts of interest or biases of the Commissioners and no challenges from the audience, PUBLIC HEARING AUGUST 26, 2019 PAGE 1 OF 5 Commissioner Henderson opened the public hearing. Mr. Russell provided the staff report. Bob Townsend, ODOT Area Manager and Marc Butorac, Kittleson & Associates presented the proposed Terrebonne Refinement Plan and the history of the proposal and community involvement reviewing various design options. The target for construction is the year 2022. A design concept was reviewed showing the difference between the couplet verses the 5 - lane alternative enhancements. The cost of the couplet design is estimated at $27 million and the 5 -lane design is estimated at $40 million. At this time, Commissioner Henderson called for public comment. • Steve Myrin presented testimony and supported the couplet option to maintain the community feel of Terrebonne and safety for the residents of the community. • Trevor Flaherty, principal of Terrebonne schools, provided support for the project and read into the record their concern of traffic on Highway 97. The proposed improvements will increase pedestrian and bicycle safety for the students. • Randy Lunsford provided testimony in support of safe crossing of Highway 97 and commented a traffic light will improve safety. Mr. Lundsford asked the Board to hold ODOT responsible for maintaining safety for the residents of Terrebonne. • Dale Crawford thanked the Commissioners for coming to Terrebonne. Mr. Crawford strongly supports the couplet design as it will provide safety for business access and pedestrian traffic. As a planning commissioner, he encouraged the Board to support the couplet design. • Jamie Williams provided testimony on behalf of Teresa Skinner and asked the audience to raise their hands showing support or opposition of the various options of design. • Steve Bowen appreciated the Board's time and expressed disappointment of the vision of the improvement plans and commented on the speed of traffic. • Amanda Blank and Tom Gilleland asked how the fire gates are going to play into public safety in the possibility of a fire or emergency. The fire gates are not included in the plan. She lives on a legal access road and they are required to maintain that road. During the construction, there is only one option for exits on F Avenue. PUBLIC HEARING AUGUST 26, 2019 PAGE 2 OF 5 • Gerry Soto appreciated the chance for input and hopes for improvement of traffic flow and quality of life in Terrebonne. Ms. Soto is concerned for residents on the west side of the highway to have access to essential services. She urged the Board for a painted crosswalk at Central Avenue. • Phil Grillo, land use attorney and resident of Terrebonne, commented on a few issues. One item of improvement is achieving full access on Lower Bridge Road. Items that need to be addressed are lower speeds, and recognizing that a 4 -lane highway is introducing urban feel into a rural community. • Jeff Jordan thanked the Commissioners for coming to Terrebonne. On another issue, Mr. Jordan also commented on the concern of traffic in and out of Deschutes County fairgrounds. Mr. Jordan wants assurance of safeguards of the septic systems which may be impacted upon the construction of the couplet. • Jack Abbas is a resident and business owner of Terrebonne. With the couplet design, their business will be only 14 feet away from the pavement. With the size of their trucks, they will need to take up both lanes of traffic to turn into the driveway. Mr. Abbas is concerned with traffic safety. • Janet Abbas presented three photographs for the record depicting traffic congestion. Ms. Abbas supports the improvements but asked to leave 11 th Street out of the design. • Denise Reilly is a resident on C Avenue and explained that Terrebonne is home for her family and doesn't feel the proposed option is the answer. Ms. Reilly recommended to fix Lower Bridge Road and leave 11 th Street alone. • Mike McFarland lives on the access road on the south end of town. Mr. McFarland also has large trucks that require two lanes of traffic to turn. Traffic concerns will continue. • Myrna and Keith Colvin lives in Crooked River Ranch. Ms. Colvin also supports leaving 11th Street alone and recommended improving Lower Bridge Road. • Francisco Luna is opposed to the couplet because it takes away the opportunity to keep the community feel and enjoyment for Terrebonne. The single stop light proposal would add the safe crossing for pedestrians. He asked the Board to ensure ODOT proposes a truthful solution. PUBLIC HEARING AUGUST 26, 2019 PAGE 3 OF 5 • CB Foss is a resident of Terrebonne and is not against expansion but supports safety and slower traffic speeds. Mr. Foss recommended a bypass design. Mr. Foss believes ODOT has not addressed the speed issues. • John Conway moved here because of the rural nature of the town. Mr. Conway expressed his opinion that the traffic solutions of Madras actually is a mess so how will that help by moving the problem into the Terrebonne community? He suggested directing ODOT back to the drawing board. • Josh Peck lives on C Avenue and sees too much work wanting to be done with insufficient money. He moved here because it is a rural town. • Leonard Waggoner is from Scappoose, Oregon, and commented on a concern with the map with the storage property not having access points. Retail clients expressed dissatisfaction with the lack of access points for business in Terrebonne. He submitted testimony on safety and traffic control for Gleason Street in Portland. • Scott Miller thanked the Board and commented on his original opposition to the couplet plan. He does not want Terrebonne to change, however, and recognizes the need for change. He and his wife own Crescent Moon Ranch and this design will take a portion of his land. He favors the couplet to keep traffic moving. • Diana Davis lives on C Avenue and expressed concern of being blocked off causing twice as much traffic. Ms. Davis is concerned the easy access would be taken away and asks the Board to leave 11 th Street alone. Hearing no further public testimony, the applicant provided rebuttal. Marc Butorac of Kittleson and Associates provided clarity on a few issues that were addressed. The fire gates along US 97 will be incorporated into the design and access to properties will be addressed with each property in the design phase. This project extends sidewalks on 11th Street and US 97 and also includes bike lanes. Regarding the community concern of 11th Street, it is dictated by what is done on Lower Bridge Way. Mr. Butorac explained if the design is to keep 11 th Street, then the decision by default would be a 5 -lane option. Mr. Townsend commented on pedestrian safety which will be improved substantially under the couplet option. Commissioner DeBone inquired on the concern of truck movement on the highway. Mr. Townsend noted options for property access and specific property strategies. Commissioner DeBone also inquired on analysis on a two lane verses four lane traffic patterns. Mr. Townsend noted there are long-term plans. PUBLIC HEARING AUGUST 26, 2019 PAGE 4 OF 5 Commissioner Adair commented on pedestrian traffic in Sisters verses crossing Highway 97 here in Terrebonne. There is a safe community feel in Sisters and hopes the same for this rural community and stresses the need to keep people safe here. Commissioner Henderson inquired if an estimate was considered for a 4 -lane highway option. Mr. Burotac stated the cost was roughly $8 to 10 million from north to south. Gary Farsnworth, ODOT Regional Manager commented that he appreciates the relationship with Deschutes County and expressed the importance of a partnership and is appreciative of the community input. Commissioner Henderson closed the oral testimony. The Board considered a timeline. The Board decided to keep the written record open through 5:00 p.m. on Friday, September 6, and deliberations would be scheduled for the BOCC Meeting on Wednesday, September 18. DEBONE: Move approval of the testimony schedule. ADAIR: Second VOTE: DEBONE: Yes ADAIR: Yes HENDERSON: Chair votes yes. Motion Carried ADJOURN: Being no further business before the Board, the hearing was adjourned at 8:47 p.m. ATTEST* AL 1<;4k ANTHONY DEBONE, ` I •O NE. PUBLIC HEARING AUGUST 26, 2019 PAGE 5 OF 5 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - www.deschutes.or PUBLIC HEARING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 6:00 PM, MONDAY, AUGUST 26, 2019 Terrebonne Community School - 1199 B Ave - Terrebonne PUBLIC HEARING Terrebonne Refinement Plan Public Hearing ®®Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need 0® accommodations to make participation possible, please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.or2/meetingcalendar (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners Public Hearing Agenda Monday, August 26, 2019 Page 1 of 1 NOTICE OF PUBLIC HEARING C C' The Deschutes County Board of Commissioners will hold a public hearing on Monday, August 26, 2019, at 6 p.m. in the Terrebonne Community School, 1199 B Avenue, Terrebonne, to take testimony on the following item: FILE NUMBER: 247 -19 -000464 -PA APPLICANT: Oregon Department of Transportation OWNER: N/A PROPOSAL: Adopt the Terrebonne Refinement Plan into the Deschutes County Comprehensive Plan; amend the Deschutes County Transportation System Pian (TSP) to add 1) a couplet in Terrebonne (two travel lanes southbound on current US 97; two travel lanes northbound on current 11 th Street, redesignating 11 to as US 97) and 2) the Lower Bridge Way/U.S. 97 interchange and roundabout terminal to the TSP map. LOCATION: Terrebonne from Lower Bridge Way/US 97 intersection to approximately 1,300 feet south of 11 th Street/US 97 intersection STAFF CONTACT: Peter Russell, Senior Transportation Planner, Peter. Russel l@deschutes.org, (541) 383-6718 DOCUMENTS: Can be viewed and downloaded from: www.buildingpermits.oregon.gov and http://dial.deschutes.org STANDARDS AND APPLICABLE CRITERIA: A. DCC Title 22, Chapter 22.12, Legislative Procedures B. Statewide Planning Goals C. Oregon Administrative Rule 660-012, Transportation Planning Rule D. Deschutes County Comprehensive Plan E. Deschutes County Transportation System Plan F. Terrebonne Community Plan 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q, (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd All documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost at the Deschutes County Community Development Department (CDD) at 117 NW Lafayette Avenue. Seven (7) days prior to the public hearing, a copy of the staff report will be available for inspection at no cost at CDD. Copies of all documents, evidence and the staff report can be purchased at CDD for (25) cents a page. ALL INTERESTED PERSONS MAY APPEAR, BE HEARD, BE REPRESENTED BY COUNSEL, OR SEND WRITTEN SIGNED TESTIMONY. ANY PARTY TO THE APPLICATION IS ENTITLED TO A CONTINUANCE OF THE INITIAL EVIDENTIARY HEARING OR TO HAVE THE RECORD LEFT OPEN IN ACCORDANCE WITH SECTION 22.24.140 OF THE DESCHUTES COUNTY CODE. Failure to raise an issue in person at a hearing or in writing precludes appeal by that person to the Land Use Board of Appeals (LUBA), and that failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes appeal to LUBA based on that issue. Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call the ADA Coordinator at (541) 617-4747. DOCUMENT SUBMISSION Any person may submit written comments on a proposed land use action. Documents may be submitted to our office in person, U.S. mail, or email. In Person We accept all printed documents. Email U.S. Mail Deschutes County Community Development Planning Division, [name of case planner] P.O. Box 6005 Bend, OR 97708-6005 Email submittals must comply with the following guidelines: • Submission is 20 pages or less • Documents can be printed in black and white only • Documents can be printed on 8.5" x 11" paper Any email submittal which exceeds the guidelines provided above, must be submitted as a paper copy. Limitations 247 -19 -000464 -PA Page 2 of 3 Deschutes County does not take responsibility for retrieving information from a website link or a personal cloud storage service. It is the submitter's responsibility to provide the specific information they wish to enter into the record. We will print the email which includes the link(s), however, we will not retrieve any information on behalf of the submitter. Deschutes County makes an effort to scan all submittals as soon as possible. Recognizing staff availability and workload, there is often a delay between the submittal of a document to the record, and when it is scanned and uploaded to Accela Citizen Access (ACA) and Deschutes County Property Information (DIAL). For this reason, the official record is the file that resides in the Community Development office. The electronic record in ACA and DIAL is not a substitute for the official record. To ensure your submission is entered into the correct land use record, please specify the land use file number(s). For the open record period after a public hearing, electronic submittals are valid if received by the County's server by the deadline established for the land use action. IF YOU WISH TO BE NOTIFIED OF ANY DECISION RELATED TO THIS APPLICATION, YOU MUST PROVIDE A MAILING ADDRESS. NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER. 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Background The Oregon Department of Transportation (ODOT) has coordinated with Deschutes and Jefferson counties for the past 18 months on a Terrebonne Refinement Plan (TRP). The work reviewed operational problems on US 97, 2018 and 2040 traffic volumes on the highway and selected County roads, and bike/ped circulation issues. The resulting preferred alternative is a couplet: two one-way travel lanes southbound on current U.S. 97 alignment and two one-way travel lanes northbound on current 11 th Street. The applicant, ODOT, initiated the proposed plan amendment (file 247 -19 -000464 -PA) to amend the Deschutes County Transportation System Plan (TSP). The TSP is the transportation component of the Deschutes County Comprehensive Plan. The subject plan amendment adds transportation improvements identified in the TRP (U.S. 97 couplet; interchange with roundabout ramp termini to serve U.S. 97/Lower Bridge Way; bike/ped infrastructure, etc.). The roundabout design is conceptual, ODOT will conduct additional design work that will be more specific, but still consistent with the general characteristics of the interchange. The PC will make a recommendation to the Board, which will hold a public hearing at a date to be determined. U.S. 97 in Terrebonne has a three -lane cross-section of one travel lane northbound and one travel lane southbound with a center lane for turns separating the two travel lanes. The high traffic volumes on U.S. 97 in Terrebonne have long made it difficult to make a left turn onto the highway, to make a left turn across the highway, and to cross the three -lane section on either foot or bicycle. The intersection of Lower Bridge Way/U.S. 97 has been particularly problematic. The 2010-2030 County TSP, based on community input, listed several potential solutions ranging from a bypass, a couplet, traffic signals, and an interchange or overpass at Lower Bridge Way/U.S. 97. The TSP stated a refinement plan would be forthcoming.' For the specific intersection of Lower Bridge Way/U.S. 97, the TSP map at Figure F5.3.F2 identified either an overpass or an interchange. Please see pages 141-142 and 165 of Deschutes County TSP. The 2010-2030 Terrebonne Community Plan (TCP) documented similar traffic concerns, adding the intersection of Smith Rock Way/U.S. 97 as another troublesome intersection. The TCP called for selecting a preferred alternative from the options listed in the TSP.2 The TCP also had specific policies to address bike/ped issues related to US 97 as well as speeds on the state highway within the community. The TSP and TCP provided a framework for the Terrebonne Refinement Plan (TRP). The TRP had a large public outreach that included not only Terrebonne residents and business owners, but also residents of Crooked River Ranch (CRR).The CRR residents heavily use the Lower Bridge Way/US 97 intersection. The TRP through a process involving the public, stakeholders, and technical advisory committee identified a couplet as the preferred alternative and an interchange at Lower Bridge/U.S. 97 with roundabout terminal. The TRP also includes improvements to the bike/ped system, including travel along and across the highway.' The State of Oregon through House Bill (HB2017) has earmarked' $20 million for improvements for U.S. 97 in Terrebonne in 2021.4 III. Review Criteria Proposed Board Ordinance 2019-013 amends the TSP. 'Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative amendment. Nonetheless, Deschutes County is initiating this text amendment and bears the responsibility for demonstrating the amendment complies with Deschutes County Title 22, Development Procedures Ordinance; Statewide Planning Goals, Oregon Revised Statutes (ORS), Oregon Administrative Rules (OAR), the Deschutes County Comprehensive Plan, and Deschutes County Transportation System Plan (TSP). The findings are organized as follows: Section 1 - DCC Title 22, Chapter 22.12, Legislative Procedures Section 2 - Statewide Planning Goals Section 3 - Oregon Revised Statutes Section 4 - Oregon Administrative Rules Section 5 - Deschutes County Comprehensive Plan Section 6 - Deschutes County Transportation System Plan 2 Please see pages 14, 18, 20, and 24-25 of Terrebonne Community Plan 3 Please see pages 6-11 of Terrebonne Refinement Plan 4 See House Bill 2017 247 -19 -000464 -PA (U.S. 97 couplet in Terrebonne) Page 2 of 25 Section 1, DCC Title 22, Chapter 22.12, Legislative Procedures 22.12.010. Hearing Required No legislative change shall be adopted without review by the Planning Commission and a public hearing before the Board of County Commissioners. Public hearings before the Planning Commission shall be set at the Discretion of the Planning Director, unless otherwise required by state law. FINDING: Staff held a joint work session with the Planning Commission (PC) and the Board of County Commissioners (Board) on July 11 prior to the PC's July 25 public hearing, which is the first evidentiary hearing. The PC held a hearing and deliberated on August 8 where the PC made a 6-0 recommendation of approval to the Board. The recommendation included language that ODOT and Deschutes continue to monitor central Terrebonne traffic patterns for congestion, safety, and speed. The Board will hold a public hearing on August 26, 2019. The Board finds this complies with DCC 22.12.010. 22.12.020. Notice A. Published Notice 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. B. Post Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. C. Individual Notice. Individual notice to property owners, as defined in DCC 22.08.010(4), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. D. Media Notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. FINDING: Staff published notice with the required information in the Bend Bulletin on Saturday, July 13, which is more than 10 days prior to the July 25 PC public hearing. Staff also sent notice to all property owners within 250 feet of the right of way of either U.S. 97, 11th Street, or the location of the roundabout. Staff again published notice with the required information in the Bend Bulletin on August 13, which is more than 10 days prior to the August 26 Board public hearing. Staff again sent notice to all property owners within 250 feet of the right of way of U.S. 97, 11 th Street, or the location of the roundabout or to anyone who provided testimony to the PC. This notice is consistent with DCC 22.12.020(C). 247 -19 -000464 -PA (U.S. 97 couplet in Terrebonne) Page 3 of 25 Staff will coordinate with the County public information officer for distribution of a press release to the media. The Board finds this complies with DCC 22.12.020. 22.12.030. Initiation of Legislative Changes A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of Commissioners or the Planning Commission. FINDING: The text amendment was initiated by the ODOT on June 7, 2019, after paying the required fees. The Board find this complies with DCC 22.12.030. 22.12.040. Hearings Body A. The following shall serve as hearings or review body for legislative changes in this order. 1. The Planning Commission. 2. The Board of County Commissioners. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. FINDING: The PC public hearing preceded the Board's. The Board finds this sequence complies with DCC 22.12.040. 22.12.050. Final Decision All legislative changes shall be adopted by ordinance. FINDING: These findings will become an exhibit to the implementing ordinance, which is 2019-013. The Board finds this complies with DCC 22.12.050. 22.12.060. Corrections The County's comprehensive plan and zoning ordinances, subdivision ordinance, and development procedures may be corrected by order of the Board of County Commissioners to cure editorial and clerical errors. FINDING: The amendment to add the Terrebonne Refinement Plan to the Deschutes County TSP does not pertain to an editorial or clerical error, therefore this section is not applicable. 247 -19 -000464 -PA (U.S. 97 couplet in Terrebonne) Page 4 of 25 Section 2, Statewide Planning Goals Goal 9, Citizen Involvement FINDING: The text amendment included a joint workshop before both the PC and the Board, which the public could attend. The text amendment included publically noticed public hearings before the PC and the Board. Prior to the submittal of 247 -19 -000464 -PA the project management team reached out to the public throughout the planning process to help identify problems along the corridor and their root causes, evaluate project alternatives, and identify preferred solutions. Stakeholders and interested parties from Terrebonne, Crooked River Ranch, Lower Bridge Estates, and other nearby areas; the freight industry; and emergency service providers gave valuable feedback. Please refer to pages 11-13 of the draft Terrebonne Refinement Planfor further reference. The proposed comprehensive plan amendment under Deschutes County Code (DCC) 22.12 (Legislative Procedures) must go through noticed public meetings before both the Planning Commission and the Board of County Commissioners and thus complies with Goal 1. The Board finds this criterion has been met. Goal Z Land Use Planning FINDING: The Terrebonne Refinement Plan's preferred alternative (the U.S. 97 couplet utilizing the current U.S. 97 for southbound traffic and that 11 th Street would become U.S. 97 for northbound traffic) does not propose'' a zone change. A change in functional classification is needed to include 11th Street as;part of U.S. 97 and to change its functional classification from -Urban Local to Urban Principal Arterial). The Terrebonne Refinement Plan will be processed under DCC 22.12 (Legislative Procedures). The comprehensive plan amendment process ensures consistency with the County's adopted Comprehensive plan. The County on June 6, 2019, provided the Department of Land Conservation and Development (DLCD) with the required notice 35 days prior to the first evidentiary hearing, which will be held on July 25, 2019. The notice included ODOT's burden of proof, the draft TRP, and a map of the U.S. 97 couplet. The applicant posted two land use signs within the project area. The text amendment was processed via the County's development code procedures set forth in Title 22, Chapter 22.12 for legislative amendments. The application complies with Goal 2 and thus the Board finds this criterion has been met. Goal 3, Agricultural Lands FINDING: The text amendment is not proposing any changes to land use designations. The Terrebonne Refinement Plan preferred alternative (U.S. 97 couplet) does propose a chicane (a gentle series of reversing curves designed to slow northbound traffic as it enters Terrebonne) on the south end of the couplet. This gateway feature will aid drivers to 247 -19 -000464 -PA (U.S. 97 couplet in Terrebonne) Page 5 of 25 transition from higher rural speeds to lower urban speeds as they enter the business area. A sliver of exclusive farm use (EFU) land will be needed in order to "realign" US 97 at this location and construct the chicane. The following Oregon Administrative Rules determine that a Goal 3 exception is not needed: 660-012-0065 Transportation Improvements on Rural Lands (1) This rule identifies transportation facilities, services and improvements which may be permitted on rural lands consistent with Goals 3, 4, 11, and 14 without a goal exception. (2) For the purposes of this rule, the following definitions apply. (f)"Realignment" means rebuilding an existing roadway on a new alignment where the new centerline shifts outside the existing right of way, and where the existing road surface is either removed, maintained as an access road or maintained as a connection between the realigned roadway and a road that intersects the original alignment. The realignment shall maintain the function of the existing road segment being realigned as specified in the acknowledged comprehensive plan, (3) The following transportation improvements are consistent with Goals 3, 4, 11, and 14 of this rule: (d) Realignment of roads not otherwise allowed under subsection (a) or (b) of this section; and (5) For transportationuses or improvements listed in subsections (3)(d) to (g) and (o) of this rule within an exclusive farm use (EFU) or forest zone, a jurisdiction shall, in addition to demonstrating compliance with the requirements of ORS 215.296. (a) identify reasonable build design alternatives, such as alternative alignments, that are safe and can be constructed at a reasonable cost, not considering raw land costs, with available technology. The jurisdiction need not consider alteMatives that are inconsistent wish applicable standards or not approved by a registered professional engineer, (b) Assess the effects of the identified alternatives on farm and 247 -19 -000464 -PA (U.S. 97 couplet in Terrebonne) Page 6 of 25 forest practices, structures and facilities, considering the effects of traffic on the movement of farm and forest vehicles and equipment and considering the effects of access to parcels created on farm and forest lands; and (c) Select from the identified alternatives, the one, or combination of identified alternatives that has the least impact on lands in the immediate vicinity devoted to farm or forest use. Thus the chicane complies with 660-012-065(5)(a) as the curving roadway's primary goal is to slow northbound traffic from rural high speeds down to urban speeds while complying with ODOT design guidelines. Other alignments would consume more land or more commercial property or adversely affect more residents. 065(5)(b) is addressed because the amount of acreage consumed by the chicane vs. the total acreage of the affected EFU property is quite small, there is no displacement of the affected business located on this parcel, and the chicane avoids the problematic aspect of access rights. 065(5(c) is addressed because the chicane has the least amount of impact to EFU lands of all the alternatives reviewed. The application complies with Goal 3 and thus this criterion has been met. Goal 4, Forest Lands FINDING: The text amendment is not proposing any changes to forest land use designations. The Terrebonne Refinement Plan preferred alternative (couplet) is not adjacent to or within forest lands as the plan is inside an Unincorporated Community. The application complies with Goal 4 and thus the Board finds this criterion has been met. Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces FINDING: The text amendment is neither proposing any changes to land use designations nor proposing any changes to previously designated Goal 5 resources. The Terrebonne Refinement Plan preferred alternative (couplet) does not encroach on open spaces, scenic and historic areas or natural resources. Within Terrebonne, the couplet remains in existing rights of way and thus abutting properties are unaffected. The only two areas where the project requires either new right of way or a substantial change is the Lower Bridge Way/US 97 roundabout and the chicane at the south end of the couplet. Neither area will suffer a loss of open space or scenic views. Neither site has a historic Goal 5 resource. Finally, the roundabout is not located on EFU land and the chicane is an allowed use on EFU land via OAR 660-012-065. The application thus complies with Goal 5 and the Board finds this criterion has been met. Goal 6, Air, Water and Land Resource Quality 247 -19 -000464 -PA (U.S. 97 couplet in Terrebonne) Page 7 of 25 FINDING: The Terrebonne Refinement Plan preferred alternative (couplet) addresses congestion, which by definition includes extensive stop and go traffic and idling. By enabling traffic to move through Terrebonne, the 97 couplet will actually lower tailpipe emissions. No development or land use changes are being proposed that impact air, water, or land resource qualities. Other areas of the County's code that deal with protecting air, water, and land remain in full force and effect. The application complies with Goal 6 and thus the Board finds this criterion has been met. Goal 7, Natural Hazards FINDING: The County's Comprehensive Plan identifies the dominant natural hazards as wildfire, winter storms, and flooding. The proposed U.S. 97 couplet from the Terrebonne Refinement Plan is a road improvement project through an existing unincorporated community. The highway will be maintained appropriately throughout the year. Terrebonne does not lie in a forested area. Terrebonne is not in a mapped floodplain and ODOT and the County have existing drainage swales for both US 97 and 11 th Street. Any reconstruction of the affected roadways or construction of the chicane, roundabout, or structures would incorporate drainage in the project plans. Finally, both ODOT and Deschutes County routinely perform snowplowing, sanding, and other winter maintenance activities to keep roadways functional. The text amendment leaves County building codes and planning setbacks untouched, which are the planning mechanisms which the County uses to ameliorate natural hazards. The application is consistent with Goal 7 and thus the Board finds this criterion has been met. Goal R, Recreational Needs FINDING: The text amendment does not change the uses allowed in the EFU (DCC 18.16) or the Terrebonne Rural Community Zoning Districts (DCC 18.66) zones, some of which are recreational. The Terrebonne Refinement Plan preferred alternative (couplet) will ease traffic congestion through Terrebonne and make it much easier for those headed to nearby recreation areas such as Smith Rock State Park and/or the Deschutes River. The application is consistent with Goal 8 and thus the Board finds this criterion has been met. Goal 9, Economic Development FINDING: The text amendment still allows properties to develop as allowed under their zoning. The Terrebonne Refinement Plan preferred alternative (couplet) will help to ensure US 97 remains a key statewide and West Coast freight corridor. Multiple intersections will not meet Oregon Highway Plan (OHP) Mobility Standards by 2040 (Horizon Year) without the U.S. 97 couplet and the U.S. 97/1 -ower Bridge Way interchange and its roundabout ramp 247 -19 -000464 -PA (U.S. 97 couplet in Terrebonne) Page 8 of 25 terminal. These transportation improvements will ensure that the movement of goods along US 97 will continue unimpeded. The application complies with Goal 9 and thus the Board finds this criterion has been met. Goal 10, Housing FINDING: This goal pertains to urban or urbanizable lands within an Urban Growth Boundary (UGB). The proposed text amendment will not result in any changes or elimination of residentially zoned lands in the County. By contrast the affected area is a Rural Unincorporated Community and recognized as such under OAR 660-022-010(9). Finally, unincorporated areas, unlike municipalities, are not obligated to fulfill Goal 10 housing requirements. The application complies with Goal 10 and thus the Board finds this criterion has been met. Goal 11, Public Facilities and Services FINDING: This goal pertains more to water and sewer services. Nevertheless, the Terrebonne Refinement Plan's couplet is favorable to emergency service providers since it will decrease congestion and speed up response times. The couplet will also make it easier for fire/emergency response vehicles to access southbound US97 from Smith Rock State Park, which will shorten travel times to the hospital (Redmond Fire and Deschutes County Search and Rescue respond to calls at Smith Rock State Park). The application complies with Goal 11 and thus the Board finds this criterion has been met. Goal 12, Transportation FINDING: The plan amendment will change the functional classification of 11 th Street from an Urban Local to an Urban Principal Arterial. Under the Transportation Planning Rule (TPR) at OAR 660-012-0060(1) this is a significant effect. The various technical memos for the application indicated the affected intersections will meet the state's operational standards in 2040. Specifically, the Terrebonne Refinement Plan's U.S. 97 couplet will meet OHP Mobility Standards in 2040 (Horizon Year) for all intersections (Final Technical Memorandum #7 Table 4, Page 33). The existing Deschutes County TSP must be amended to change the functional classification of 11th Street from Urban Local to Urban Other Principal Arterial. 660-012-0060 Plan and Land Use Regulation Amendments (1) if an amendment to a functional plan, an acknowledged comprehensive plan, 247 -19 -000464 -PA (U.S. 97 couplet in Terrebonne) Page 9 of 25 or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless an amendment is allowed under section (3), (9) or (10) of this rule. A plan or land use regulation amendment significantly affects a transportation facility if it would. (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan). (2) If a local government determines that there would be a significant effect, then the local government must ensure that allowed land uses are consistent with the identified function, capacity, and performance standards of the facility measured at the end of the planning period identified in the adopted TSP through one or a combination of the remedies listed in (a) through (e) below, unless the amendment meets the balancing test in subsection (2)(e) of this section or qualifies for partialmitigation in section (11) of this rule. A local government using subsection (2)(e), 'section (3), section (10) or section (11) to approve an amendment recognizes that additional motor vehicle traffic congestion may result and that other facility providers would not be expected to provide additional capacity for motor vehicles in response to this congestion. (c) Amending the TSP to modify the planned function, capacity or performance standards of the transportation facility. For 11th Street, the access management standards and the applicable mobility performance standards will change when a jurisdictional transfer from Deschutes County to ODOT takes effect, but that switch will take place after this plan amendment. Thus, for access management and performance` standards there is no significant effect from this plan amendment. Please refer; to pages 8-11; 24-25; and 30-39 of the draft Terrebonne Refinement Plan for further' reference. A jurisdictional Transfer of 11 th Street will take place in the future from Deschutes County jurisdiction to ODOT jurisdiction. The application complies with Goal 12 and thus the Board finds this criterion has been met. Goal 13, Energy Conservation FINDING: This text amendment does not affect the County's regulation of solar setbacks, siting of small-scale windmills, land use or density, etc. The Terrebonne Refinement Plan's preferred alternative (couplet) will actually lower tailpipe emissions by decreasing 247 -19 -000464 -PA (U.S. 97 couplet in Terrebonne) Page 10 of 25 congestion and limiting delay. Finally, the Terrebonne Refinement Plan has several bike/ped improvements identified which in turn could lead to residents choosing to bicycle or walk to their Terrebonne destinations rather than driving. The plan amendment is consistent with Goal 13 and thus the Board finds this criterion has been met. Goal 14, Urbanization FINDING: No land use plan designations, zoning designations, or map changes will result from this text amendment. Terrebonne is a Rural Unincorporated Community (RUC) and recognized as such under OAR 660-022-010(9). UUCs, unlike municipalities, do not have UGBs. The application complies with Goal 14 and thus the Board finds this criterion has been met. Goals 15-19 FINDING: These criteria do not apply as the County lacks these lands (Willamette Greenway, estuaries, coasts, beaches, etc.). Section 3, Oregon Revised Statutes ORS 197.610 establishes rules for submission of post -acknowledgement plan amendments and land use regulations to the Department of Land Conservation and Development (DLCD). These include the text of the proposed changes, explanatory narrative, staff report, required form, and timelines to get all materials to the agency prior to the first evidentiary hearing. FINDING: Staff by this memo has provided the required materials and submitted them in compliance with the 35 -day prior notice timeline. Notice was sent electronically to DLCD on June 19, 2019, which was more than 35 days previous to the first evidentiary on July 25, 2019. The Board finds this criterion has been met. Section 4, Oregon Administrative Rule OAR 660-012-0060, aka the Transportation Planning Rule (TPR), applies to plan amendments and land use regulations and defines significant effect. The text amendment will change the functional classification of an existing transportation facility 11th Street. The affected intersections on 11th Street will meet the mobility standards for ODOT in 2040 as discussed in the Terrebonne Refinement Plan and the January 17 and 30, 2019, technical memorandums, which are appendices to the Terrebonne Refinement Plan. Finally, the findings demonstrating TPR compliance are provided in the findings above for Goals 3 247 -19 -000464 -PA (U.S. 97 couplet in Terrebonne) Page 11 of 25 (Agriculture) and 12 (Transportation) above. The plan amendment complies with the TPR. The Board finds this criterion has been met. Section 5, Deschutes County Comprehensive Plan Chapter 1, Comprehensive Planning Section 1.3 Land Use Planning Policies Goal 1 Maintain an open public land use process in which decisions are based on the objective valuation of facts. Policy 1.3.3 Involve the public when amending County Code FINDING: The Terrebonne Refinement Plan was developed through an extensive public process with multiple open houses, meetings with stakeholders, and advisory committee prior to ODOT submitting the plan amendment. The Planning Commission and the Board discussed the refinement plan and its U.S. 97 couplet in public at a July 11 joint work session. The public can testify orally and/or in writing at the July 25 public hearing and at the subsequent Board public hearing. The Board finds the text, amendment is consistent with the Comprehensive Plan. Chapter 4, Urban Growth Management Section 4.3 Unincorporated Communities FINDING: The County has four types of unincorporated communities: Urban, Rural, Resort, and Rural Service Center. Table 4.3.1 identifies Terrebonne as Rural Community. The goals and policies specific to Terrebonne appear in the Terrebonne Community Plan which is discussed below. Terrebonne Community Plan 2010 - 2030 Traffic and Circulation As noted earlier, the transportation system in Terrebonne is dominated by US 97, a state highway that bisects the commercial core of town. Traffic is a major issue for Terrebonne residents because the highway traffic volume creates unsafe pedestrian areas and long delays for vehicles entering US 97 from the side streets, especially turning north from Lower Bridge Way or south from Smith Rock Way. Deschutes County and ODOT are currently working to address the needs of Terrebonne to maintain safe and convenient 247 -19 -000464 -PA (U.S. 97 couplet in Terrebonne) Page 12 of 25 uses of the transportation system. A 2009 paving project by ODOT added sidewalks and bike lanes to US 97 and sidewalks on the north side of 8 Avenue leading to the Terrebonne Community School. US 97 corridor • Slow traffic on US 97, • Provide safe, convenient pedestrian crossings on the highway near the school, • Reduce misuse of the center turn lane, and, • Redesign US 97 intersections to balance the needs of truck and pedestrian traffic, particularly at the 'B"Avenue, "C"Avenue and 11th Street intersections. Transportation Goal Provide a safe and efficient system for all modes of transportation. Road Network Policies 1. Provide a transportation network that can accommodate local traffic, commuter traffic and regional interstate traffic without detracting from the livability and rural character of Terrebonne. 2. Provide , a transportation network that will improve transportation efficiency, convenience and safety, as well as increase transportation choices and decrease conflicts between modes of transportation. 3. Preserve alignments for transportation corridors depicted in the Transportation System Plan for future transportation purposes. The precise alignment will be determined after further study and engineering analysis or during the development of vacant properties. 4. Where they exist, new roads shall take advantage of existing public right-of- way. ight-ofway. 5. Preserve existing right-of-way unless a new road cannot be physically constructed,in which case the County will consider vacating the right-of-way. 6. Monitor and enforce vehicle weight limits on 11 th Street and Smith Rock Way. 7. Identify and select in the Transportation System Plan, a long-term solution for US 97 from the following options: a traffic signal, a couplet, a grade - separated interchange, or a bypass. Finding: The Terrebonne Refinement Plan process has found that a couplet is the preferred alternative that includes: providing two northbound and two southbound highway lanes to accommodate projected 2040 (horizon year) traffic demand, ensuring connectivity and access for all users to/from and across U.S. 97 in Terrebonne, addressing 247 -19 -000464 -PA (U.S. 97 couplet in Terrebonne) Page 13 of 25 U.S. 97/1 -ower Bridge Way capacity and safety deficiencies, alleviating U.S. 97/B Avenue capacity deficiencies, and maintaining U.S. 97 as a key statewide and west coast freight corridor. A Jurisdictional Transfer of 11 th Street will take place in the future from Deschutes County jurisdiction to ODOT jurisdiction. Please refer to the draft Terrebonne Refinement Plan where it discusses lower speeds (page 36) as well as improved bike and pedestrian crossings of US 97 near the Terrebonne Community School (pages 26-27 and 30-32) for further reference. The couplet eliminates the center turn lane, thus addressing the misuse issue. The couplet takes advantage of existing right of way and was identified as a potential long-term solution in the Terrebonne Community Plan. The Board finds the proposed plan amendment is consistent with the Terrebonne Community Plan road network policies. Sidewalk and Bicycle Facility Policies 8. Provide sidewalks that are in keeping with the rural character of the community and will be built property tight. 9. Where sidewalks are specified along County public roads, they shall be constructed without curbs and gutters, set back from the road surface behind a drainage swa/e at a distance from property lines to allow room for utilities. 10. Construct sidewalks identified on the TSP Map either at the time of development, subject to site plan review, or later through formation of a local improvement district (LID). Applicants electing to defer constructing sidewalks shall be required to submit and record in the County Clerk's office a waiver of remonstrance, signed by the land owner. The waiver shall relinquish the landowner's right to have his/her objection count against the formation of an LID. 11. Protect from damage by tree roots, utility trenches located in the public right-of-way. 12. Where they conflict with existing or planned utility trenches, street trees should not be planted in the public right-of-way. 13. Share the road with automobiles and bicycles on local roads where traffic volumes and speeds are low. 14. Accommodate bicycles on paved shoulder bikeways on Lower Bridge Way and Smith Rock Way, a County arterial and collector road that carries high traffic volumes. Finding: The preferred alternative (couplet) includes adequate sidewalks and bike lanes along northbound and southbound sides of the couplet. To provide a safe and convenient east -west pedestrian bicycle corridor for crossing U.S.97 and 11th Street, the couplet introduces a raised cycle traffic and Rectangular Rapid Flash Beacons or other active traffic control device on B Avenue -Smith Rock Way and converts vehicular traffic to one-way 247 -19 -000464 -PA (U.S. 97 couplet in Terrebonne) Page 14 of 25 westbound between the couplet. Please refer to pages 26-27 of the draft Terrebonne Refinement Plan for further reference. The Board finds the proposed plan amendment is consistent with the sidewalk and bicycle policies of the Terrebonne Community Plan. US 97 Corridor Policies 18. Work with ODOT and the community to increase safety on US 97 in Terrebonne by using a combination of enforcement and traffic calming techniques to slow traffic to posted speeds, to safely handle local traffic and to improve pedestrian crossings. 19. Work with ODOT to provide improved pedestrian crossings on US 97, between Central Avenue and the south 11th street intersection, particularly at the 'B" Avenue and "C" Avenue intersections, to increase pedestrian safety in the vicinity of the school. 20. Work with ODOT and the community to evaluate the safety and functionality of 11th Street as needed. 21. Support limiting US 97 to no more than three lanes between the Central Avenue and south 11th Street intersections. 22. Accommodate large trucks with wide turning radius corners where necessary, as determined by truck routes established by TSP, thereby minimizing corner radii at all other intersections._ Other design features such as rolled curbs or medians: shall be used as necessary to minimally accommodate large' trucks in the Terrebonne community. 23. Coordinate with ODOT on improvements to US 97 during rehabilitation or construction projects. Finding: The Terrebonne Refinement Plan process included extensive interactions between the public and ODOT and Deschutes County. The refinement plan's technical analysis has found that a couplet is the preferred alternative that includes: providing two northbound and two southbound highway lanes to accommodate projected 2040 (horizon year) traffic demand, ensuring connectivity and access for all users to/from and across U.S. 97 in Terrebonne, addressing 'U.S. 97/1 -ower Bridge Way capacity and safety deficiencies, alleviating U.S. 97/B Avenue capacity deficiencies, and maintaining U.S. 97 as a key statewide and west coast freight corridor. Speed reduction is a deep concern for those living and traveling through the community. Speed data collected at three segments showed that the 85th percentile speeds on US 97 at Lower Bridge Way and C Avenue exceed the posted speed by 19 and 3 mph, respectively. The following proposed treatments address transition needs and suggest potential enhancements under the couplet design: 247 -19 -000464 -PA (U.S. 97 couplet in Terrebonne) Page 15 of 25 1. Speed Feedback Signs - Speed feedback signs will be placed near A Avenue in the northbound direction and near Central Avenue in the southbound direction. 2. Curbed road with bike lane and sidewalk - US 97 will be curbed with buffered bike lanes and sidewalks from Lower Bridge Way to the southern terminus of the couplet. 3. Street lighting with banners - Street lights will be introduced near the gateways and strategically at B Avenue -Smith Rock Way intersections to the highway. 4. Chicane (artificial narrowing or turn) -A large chicane will be used as a gateway feature as northbound traffic enters the business area. A smaller one (lateral transition) will be used for southbound traffic approaching the Lower Bridge Way interchange. 5. Gateway signage - In the chicane median area for northbound traffic and at Lower Bridge Way for US 97 southbound and eastbound Lower Bridge Way traffic. Please refer to pages 36-37 of the draft Terrebonne Refinement Plan for further reference. ODOT staff worked closely with property owners who have trucks load and unload at their sites to identify acceptable solutions for both the businesses and ODOT. The Board finds the proposed plan amendment is consistent with the U.S. 97 corridor policies of the Terrebonne Community Plan. Section 6, Deschutes County Transportation System Plan FINDING: The Deschutes County Transportation System Plan (TSP) identifies policies and improvements that support the County's transportation system through the year 2030. After this general overview summary, 'specific goals and policies are cited and how the Terrebonne Refinement Plan listed improvements, especially the U.S. 97 couplet and the roundabout terminal for the U.S.>97/Lower Bridge Way interchange, are consistent with the TSP. The TSP highlights the importance of providing a safe and efficient system for all users and recognizes the role of the highways that provide statewide roles in providing for regional and statewide freight movement. Key goals from the TSP include: • Coordinating with the plans and policies established by adjacent counties and the State. Providing a safe and efficient network for residential and non-residential mobility. • Enhancing the opportunity for intermodal connections and public transportation throughout the County. 247 -19 -000464 -PA (U.S. 97 couplet in Terrebonne) Page 16 of 25 • Support a safe and convenient bicycle and pedestrian system that is integrated within the transportation system. Maintain the existing level and intensity of freight and rail activity throughout the County and encourage the expansion of private industry. The TSP identified the following projects within the Terrebonne community: • Maintaining a three -lane cross section on US 97 in Terrebonne while providing traffic calming options such as a couplet, traffic signals, or a bypass; • Evaluating intersection improvements at Lower Bridge Way/US with either a simple overpass or a grade -separated interchange; and, • Conducting a Refinement Plan for the Community consistent with the goals and objectives of the OHP, Terrebonne Community Plan, and public outreach. Deschutes County and ODOT have worked together on the Terrebonne Refinement Plan development and will ensure consistency with the following goals and policies within the Deschutes County TSP: Goal 1 Policy 1(1.2a. and 1.2c) • Deschutes County for projects completely outside urban growth boundaries (UGBs). • The State of Oregon, Deschutes County and affected cities on projects involving state-owned facilities that are both inside and outside of a UGB. FINDING: ODOT has applied to Deschutes County for land use review with file 247 -19- 000464 -PA to amend the County's TSP and Terrebonne Community Plan by adding the Terrebonne Refinement Plan to these documents. Terrebonne is an Unincorporated Community and is outside of any Urban Growth Boundary (UGB). U.S. 97 is a state facility. Policy 1.2a is met; Policies 1.2.b and c are not applicable as the project does not involve a city and is completely outside of a UGB. The Board finds the plan amendment complies with Goal 1 and its policies. Goal Z Policy 2.1(a -e) Deschutes County shall. • Identify local, regional and state transportation needs, • Develop a transportation plan that shall address those needs, • Review and update the plan at least every five years, • Continue to coordinate transportation planning with local, regional and state plans 247 -19 -000464 -PA (U.S. 97 couplet in Terrebonne) Page 17 of 25 by reviewing any changes to Deschutes County local transportation plans, regional transportation plans, the Oregon Transportation Plan and ODOrs State Transportation Improvement Program (STIP); and Continue public and interagency involvement in the transportation planning process. FINDING: The draft Terrebonne Refinement Plan's preferred alternative, a U.S. 97 couplet using current U.S. 97 and 11 th Street, complies based on the current and future operational challenges of U.S. 97 in Terrebonne as described on pages 4-11 of the draft plan. The Oregon Legislature allocated $20 million to address safety and congestion issues on U.S. 97 at Lower Bridge Way and along the U.S. 97 corridor through Terrebonne. Funding was earmarked for "improvements in Terrebonne," allowing decision -makers the flexibility to explore several alternatives and design options through the Terrebonne Refinement Plan process. If the improvements are not developed within the allotted time, the funding may be reallocated to another project. Deschutes County Planning and Road Department staff as well as a member from the Deschutes County Planning Commission and the Board of County Commissioners served on the Project Advisory Committee. The County's Road Department Director served on the Project Management Team. Staff, Planning, and Board commissioners attended numerous public meetings and open houses. The current TSP already identifies an interchange or an overpass at U.S. 97/Lower Bridge Way. The Board finds the plan amendment complies with Goal 2 and its policies. Goal 2, Policy 2.2 (c and d) • New Transportation ` Projects shall be included on the County's Transportation Project List. A transportation project proposed for addition to the list shall be subject to an individual land use review only if applicable administrative rules or land use, regulations require such review. • Transportation or development projects that require a plan text amendment or a conditional use permit may be required to fulfill conditions or implement mitigation measures before approval is granted. Mitigation and conditions may include, but are not limited to: o Improvement of surrounding roads, o Limits on level of development, o Revision of development placement, o Addition or redesign of access, o Addition of traffic management devices such as traffic signals, medians, turn lanes or signage; andoor o Improvements that reduce transportation impacts. 247 -19 -000464 -PA (U.S. 97 couplet in Terrebonne) Page 18 of 25 Deschutes County acknowledges that land use designations have a significant impact on the overall transportation system and any alterations shall be completed with consideration to traffic impacts on the County road system and consistency with the Transportation Planning Rule (TPR). FINDING: ODOT requests the preferred alternative (U.S. 97 couplet) to be included on the County's Transportation Project List as a cost -constrained project. The Terrebonne Refinement Plan development process has covered each of the criteria mentioned above in 2.2d. The draft Terrebonne Refinement Plan preferred alternative of a couplet includes improvements for surrounding roads, redesigns of accesses, addition of a U.S. 97/Lower Bridge Way interchange with roundabout ramp terminal, turn lanes at westbound B Avenue, gateway treatments at the north and south ends of Terrebonne, and sidewalk infill. Please refer to pages 30-31 (couplet diagram) and pages 32-33 (design elements) of the draft Terrebonne Refinement Plan for further reference. Specifically, the preferred alternative (couplet) should be amended into Table 5.3.TI Highway Segments table. Functional classification for 11th Street should be changed from Urban Local to Urban Other Principal Arterial. The Board finds the proposed plan amendment complies with Goal 2 and its policies. Goal 3, PolicX3 (3.2) • Deschutes County shall coordinate local plans and land use decisions with state transportationplans, including the Oregon Transportation Plan, the Oregon Highway Plan and 'other modal plans. These plans provide ODOT policies and performance standards for Stage Highways within Deschutes County. These ODOT plans also provide the framework for access management on state facilities to protect the capacity and function of the highways. FINDING: Assuming the plan amendment is approved, ODOT will then make a recommendation to the Oregon Transportation Commission (OTC) that the Oregon Highway Plan (OHP) be amended to include the preferred alternative (couplet). The Board finds the proposed plan amendment complies with Goal 3 and its policies. Goal 4, Policy 4 (4.4 and 4.5) • Deschutes County shall consider roadway function, classification, and capacity as criteria for plan map amendments and zone changes. This shall assure that proposed land uses do not exceed the planned capacity of the transportation system. • Roads in Deschutes County shall be located, designed and constructed to meet their planned function and provide space for motor vehicle travel and bike and 247 -19 -000464 -PA (U.S. 97 couplet in Terrebonne) Page 19 of 25 pedestrian facilities where required. FINDING: The Terrebonne Refinement Plan process has covered each of the criteria mentioned above in 4.4 and 4.5. The preferred alternative (couplet) meets the design and operational standards of ODOT's Highway Design Manual, Oregon Highway Plan, and Table A of Deschutes County's Road and Specification Standards under Deschutes County Code (DCC) 17.48.050. Please refer to pages 30-37 (text, figures and cross-sections) of the draft Terrebonne Refinement Plan for further reference. The Board finds the plan amendment complies with Goal 4 and its policies. Goal S. Policv 5 (5.3 • Wherever practical, access to state highways shall be provided via frontage roads, alternative local roads or other means, rather than direct access to the highway. FINDING: The preferred alternative (couplet)meets the Oregon Highway Plan and Oregon Administrative Rule Chapter 734 (Division 51). Please refer to pages 38-39 of the draft Terrebonne Refinement Plan for further reference. The Board finds the plan amendment complies with Goal 5 and its policies. Goal 7, Policy 7 (7, 1) • Any new or reconstructed rural roads shall be built to the standards set forth in DCC Chapter 17.48, Table A. Bicycle and pedestrian facilities shall be built to the standards set forth in DCC Chapter 1%48, Table D. FINDING: The Terrebonne Refinement Plan development process has covered each of the criteria mentioned above in 7.1. The resulting construction of the couplet will comply with ODOT's design standards and those of Deschutes County. The bicycle and pedestrian facilities included with the preferred alternative (couplet) meet the standards set forth in DCC Chapter 17,48, Tables A and B. The Board finds the proposed plan amendment complies with Goal 7 and its policies. Goal 9, Policy 9 (9.1) • Deschutes County shall continue to monitor road volumes on the County arterial and collector network. The County Road Department shall continue to be the department responsible for monitoring volumes and shall strive to count each arterial and collector at least once every four years. The Road Department shall periodically examine the traffic volumes to identify level of service deterioration. 247 -19 -000464 -PA (U.S. 97 couplet in Terrebonne) Page 20 of 25 FINDING: Key Near -Term Project Elements involving the Deschutes County arterial and collector network can be found on pages 32-33 of the draft Terrebonne Refinement Plan. A local street priority plan has been developed for inclusion in the Deschutes County TSP. The figure located on page 34 identifies roadway connections requiring improvement and prioritizes them high, medium and low. The connections were prioritized based on existing and future needs and provide enhanced connectivity within the community. The couplet will be under the jurisdiction of ODOT and thus that agency will be responsible for monitoring traffic volumes. The Board finds the proposed plan amendment complies with Goal 9 and its policies. Goal 10, Policy 10 (10.2) • Deschutes County shall continue to work with ODOT, the Cities of Bend, La Pine, Redmond, and Sisters, and neighboring counties to coordinate solutions to highway and non -highway road issues that cross over jurisdictional boundaries. FINDING: The Terrebonne Refinement Plan process has had participation from both Deschutes County staff and commissioners as well as Jefferson County staff and commissioners. A public open house was held at Crooked River Ranch in Jefferson County to make sure residents had the opportunity to provide feedback on the configuration of the Lower Bridge Way/U.S. 97 interchange and how it would affect their trips north to the City of Madras and beyond. The Board finds the proposed plan amendment is consistent with Goal 10 and its policies. Goal 12 Policy 12 (12.1 and 12.2) • Deschutes County shall designate that long-haul, through trucks, be limited to operating on Principal Arterial and Rural Arterial roads as designated in the County transportation network, except in emergency situations and when no reasonable alternative arterial road is available for access to commercial or industrial uses. • Deschutes County shall support economic development by encouraging ODOT to prioritize modernization, preservation, and safety projects on highways designated as Freight Routes over non -Freight Routes. FINDING: US 97 is designated both a Freight Route and an Expressway. The benefits of the preferred alternative (couplet) for truck operations and accommodating freight deliveries are shown on the conceptual plan on pages 30-31 of the draft Terrebonne Refinement Plan. The Board finds the proposed plan amendment complies with Goal 12 and its policies. Goal 15 Policy 15 (15.2 15.5, and 15.6) 247 -19 -000464 -PA (U.S. 97 couplet in Terrebonne) Page 21 of 25 Provide and maintain a safe, convenient and economical bicycle and pedestrian system that is integrated with other transportation systems.. County arterials and collectors may use shoulder bikeways or shared roadways. These bikeways shall be upgraded to bike lanes when highway reconstruction occurs and the traffic volumes warrant lanes. Deschutes County shall facilitate safe and direct bicycle and pedestrian crossings of arterial roads. FINDING: The Terrebonne Refinement Plan process has covered each of the criteria mentioned above in 15.2, 15.5 and 15.6. The preferred alternative (couplet) includes adequate sidewalks and bike lanes along northbound and southbound sides of the couplet. To provide a safe and convenient east -west pedestrian bicycle corridor for crossing US97 and 11th Street, the couplet introduces a raised cycle traffic and Rectangular Rapid Flash Beacons on B Avenue -Smith Rock Way and converts vehicular traffic to one-way westbound between the couplet. The Board finds the proposed plan amendment complies with Goal 15 and its policies. The following excerpts from the TSP contain specific excerpts pertaining to either U.S. 97 or Terrebonne and a discussion of how ODOT and the County would address the topics in the future. US 97 Corridor „Terrebonne Area Topic., US 97Acts as a Barrier Dace to Traffic Volumes, Speeds, and Vehicle Mix Response: At several open houses for both the Terrebonne Community Plan and the TSP Update, residents aired these concerns. The main areas of discussion were the Lower Bridge Way/US 97 intersection and segment of US 97 between C Avenue and South 111n Avenue. ODOT has done channelization improvements at Lower Bridge Way/US 97, but will look at a long-term solution of either a simple overpass (meaning no direct connection to the highway) or an interchange. Any planned solution at Lower Bridge Way will have to look at the highway through the rest of the community. At the open houses there was no strong preference among the options of a bypass, a couplet (11th Street would be northbound, current US 97 would be southbound), an interchange or overpass, or a traffic signal. Residents generally preferred no change. Residents, ODOT, and the County all agreed that the highway would not be widened 247 -19 -000464 -PA (U.S. 97 couplet in Terrebonne) Page 22 of 25 beyond its current three -lane configuration. ODOT will continue to monitor the performance of US 97 in Terrebonne to determine when a refinement plan should be initiated. Potential triggers could be the majority of intersections in Terrebonne either not meeting ODOT's VIC ratio, excessive queuing on County roads due to lack of gaps in traffic, a higher than above average crash rate than the statewide average for similar facilities, or the emergence of a Safety Priority Index System (SPIS) site." FINDING: The Terrebonne Refinement Plan is the result of a year-long planning process. It involved a comprehensive review of other guidance documents influencing the planning area, an assessment of existing and projected future conditions along the project corridor, and a review of various alternatives that could resolve the identified issues, guided by an extensive public involvement process. It should be noted that at present time, the following three study intersections do not meet mobility targets for the side -street turning movement: • US 97/Lower Bridge Way • US 97/C Avenue • US 97/B Avenue Of the six study intersections, US 97/Lower Bridge Way and 11th Street/Smith Rock Way exceed the ODOT Critical Crash Rate over the past five-year period. The current TSP lists a couplet as an option and thus the draft Terrebonne Refinement Plan is consistent with the current TSP. ODOT initiated the refinement plan process based on the agency's monitoring of traffic volumes, operations, and crash history on US 97 in Terrebonne. US 97 "As described in Chapter Two, US 97 is the principal north -south route through Central Oregon, linking Oregon to California and Washington State. The traffic volumes and the sheer number of tractor -trailers attest to the routes primacy. While the highway has been relocated from the centers of Bend and Redmond, US 97 remains the main thoroughfare in Terrebonne and La Pine. The City of La Pine, in the area once known as Wickiup junction, has the only remaining site in all of Oregon where a Statewide Highway crosses a mainline railroad at -grade. US 97 crosses the BNSF tracks near Burgess Road. Outside of urban areas, a mix of two-, three-, and four -lane sections characterize US 97. (The three -lane sections have passing lanes in one direction only.) By 2030 the anticipated volumes in the rural areas, as reported in Technical Memo #3, will approach: 247 -19 -000464 -PA (U.S. 97 couplet in Terrebonne) Page 23 of 25 • 17,600 at the County's north edge, 25,000 in Terrebonne; • 46,300 north of Bend, • 23,200 south of Sunriver; • 15,100 by Wickiup junction, and • 12,200 by OR 31 at the County's south edge. There is one location where the four -phased approach will not be followed. Deschutes County and ODOT have agreed US 97 will remain a three -lane cross section in Terrebonne. The reason is due to significant residential development on both sides of the highway, the elementary school on the west side, commercial development along the flanks of US 97, and the observed high demands to cross the highway. Traffic calming and pedestrian safety are more important than through traffic movement. Improvements to US 97 in the Terrebonne area will focus on non -widening options such as access management, a couplet, traffic signals, or a bypass. The intersection of Lower Bridge Way/US 97 will have either a simple overpass or a grade -separated interchange. The time of delay of driver trying to get through Terrebonne is insignificant to the overall travel time along the corridor. ODOT and Deschutes County will conduct a refinement plan for Terrebonne based on the goals and objectives of the adopted Terrebonne Community Plan, the goals and objectives of the Oregon Highway Plan, and additional public input and outreach. From a County planning perspective, this is a high-priority project." FINDING: The Terrebonne Refinement Plan is the result of a year-long planning process. it involved a; comprehensive review of other guidance documents influencing the planning area, an assessment of existing and projected future conditions along the project corridor, and a review of various alternatives that could resolve the identified issues, guided by an extensive public involvement process. It should be noted that at present time, the following three study intersections do not meet mobility targets for the side -street turning movement: • US 97/1 -ower Bridge Way • US 97/C Avenue • US 97/B Avenue Of the six study intersections, US 97/1 -ower Bridge Way and 11th Street/Smith Rock Way exceed the ODOT Critical Crash Rate over the past five-year period. The current TSP lists a couplet as an option and thus the draft Terrebonne Refinement Plan is consistent with the current TSP. ODOT initiated the refinement plan process based on the agency's monitoring 247 -19 -000464 -PA (U.S. 97 couplet in Terrebonne) Page 24 of 25 of traffic volumes, operations, and crash history on US 97 in Terrebonne. The Terrebonne Refinement Plan process has found that a couplet is the preferred alternative that includes: providing two northbound and two southbound highway lanes to accommodate projected 2040 (horizon year) traffic demand, ensuring connectivity and access for all users to/from and across US 97 in Terrebonne, addressing US 97/Lower Bridge Way capacity and safety deficiencies, alleviating US 97/B Avenue capacity deficiencies, and maintaining US 97 as a key statewide and west coast freight corridor. The draft Terrebonne Refinement Plan preferred alternative (couplet) improves bike and pedestrian circulation along and across the highway and infill of the community's bike and pedestrian network. Please refer to pages 26-27 of the draft Terrebonne Refinement Plan for further reference. ODOT concluded that the original contemplated solution of either a grade -separated interchange or an overpass would result in an adverse impact to many properties. An interchange with a roundabout terminal would resolve the capacity issues, have a smaller footprint, would cost substantially less, and could be constructed much more quickly. The Board finds the proposed plan amendment is consistent with the Deschutes County TSP. 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LL rn c a� a� CL N N i E U ' •- 0LoN :O .S2 0 a� 4- 0 � O E V > c C: � o7;; ff® �� •�' 0 O U O •Z,, CLc U 4) Q ODL U O D o� 0 E� Ch zz�oUoU° � 4� E� CD v 0 N E (I) O c Q.- L L anb D d MOMQm 0 U nT _W Q D 0 U 0 a� m i 0 N 0 CL t U .o N Q O ._ 0 11-11ry o` O �� O� O E x W > O c- ra a c E C 0 a� a� °mom ,j'_� Q ✓ N a a �t �� F IF 8 L V oil= 3 n 4� a m O ♦-' > cu TM W k 111621 k� a I �v y _ ZTq � ae. 4 ii es� 1a REA {, 1 pF i - t a r•x p 1 � °mom ,j'_� Q ✓ N a a �t �� F IF 8 L V oil= O 4� O m O ♦-' > cu TM W k� ZTq � ae. 4 ii es� 1a Z - L V oil= O 4� O m O ♦-' > cu TM W i 0 H LA, LLM W m 01-0N ii� 17 O r s V v C: I.— C) iZ LE O L � C0 t,.,t art n`� la Alli i \s� 130h St j c y . t AIN .,.; 41 & a� 75 44' 17 O r s V v C: I.— C) iZ LE O L � C0 From: Mike McIntosh <mike.mcintosh@redmondschools.org> Sent: Wednesday, August 21, 2019 5:14 PM To: CHARLTON Cari<Cari.CHARLTONL@odot.state.or.us> Subject: Re: Deschutes County Board of County Commissions Terrebonne Public Hearing - August 25th 5pm, Terrebonne School My name is Michael McIntosh, and I have the privilege of representing a couple of interests in the Terrebonne Refinement effort. First of all, I am and have been a resident of Terrebonne for the past 40 years.. I own property from the railroad east to 1 st street. Secondly, I am the current superintendent of the Redmond School District. I will not be able to attend the presentation Monday, so I trust that this written testimony will be helpful to the process. I would like to commend ODOT for a legitimate process. I also understand full well how the budget process works in this great state. Frankly, sometimes it doesn't work. Although a little backwards, we were allocated 20 million or so to accomplish a task. The better way to have gone about this would have been to establish the best solution then fully fund it. In the end, we were not afforded that luxury and the committee worked diligently to find the best solution that was close the budget that was provided. If you have visited Terrebonne within the last few years, the traffic has gotten far worse and clearly has become a safety issue for vehicles, bicycles and pedestrians. I think the solution presented is clearly the best one that can be done with the least amount of unintended consequences. A one-way going north and a one way going south is a proven solution in communities like Terrebonne. It will mandate behavior change on behalf of those who live there and also those that are passing through. Although this proposal may not be the only solution, I think is ti time to make it happen. The community cannot wait another 20 years to receive more money. I absolutely support the couplet and the associated improvements to address the traffic in my small town. Please invite ODOT to submit this letter of support to the record to the Deschutes County Board of Commissioners. Sincerely, Michael D. McIntosh Michael D. McIntosh StiperFnten nt J-ces ?{ BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK 77 Citizen Input or Testimony Subject: �;�✓`ss T�' Date: Agenda Item Number: Name Address Phone #s z,707 E-mail address .3,41o��.� In Favor of Application Neutral/Undecided Opposed to Application Are you submitting written documents as part of testimony? F] Yes ❑ No If so, please give a copy to the Recording Secretaryfor the record. ** SUBMIT TO RECORDING SECRETARY BEFORE MEETING BEGINS Terrebonne Refinement Plan Update — Preferred Couplet vs 5 -Lane Alternative Enhancements The following corridor needs have been identified through the Terrebonne Refinement planning process: • Provide two northbound and two southbound highway lanes to accommodate project year 2040 traffic demand • Ensure connectivity and access for all users to/from and across US97 in Terrebonne • Address US 97/Lower Bridge Way capacity and safety deficiencies • Alleviate US 97 / B Avenue capacity deficiencies • Maintain US 97 as a key statewide and west coast freight corridor After listening to stakeholders and the public, the Project Team has made the following enhancements to the Preferred Couplet Alternative and the Save Terrebonne Coalition (STC) 5 -Lane Alternative since the January 9th Public Open House (see reverse side for illustrations of the alternatives and enhancements): • Preferred Couplet Alternative > 10th Avenue frontage road extension and southern community intersection near Crescent Moon Ranch > 12th Street connection between "A" Avenue and "C" Avenue > On -street parking and truck loading areas along US 97 near business district > Full access interchange design at US 97/Lower Bridge Way • STC 5 -Lane > Revised full access interchange design at US 97/Lower Bridge Way > Conversion of 11th Street/US 97 to right-in/right-out movements A comparison between the Preferred Couplet and STC 5 -Lane alternatives is provided below: E All intersections meet mobility standards All intersections meet mobility Operations &Long- standards in 2040 in 2040 except for the B Avenue/US 97 Term Capacity signalized intersection Improves accessibility to/ Creates a larger east -west barrier for from US 97 for businesses vehicles, pedestrians, and bicycles to Mobility for All Users and residents by reducing cross or turn to/from US 97 to access vehicular, pedestrian, and local businesses and residences bicycle conflicts and exposure Potentially one full acquisition Potentially 6 full acquisitions of of an undeveloped lot and developed (3 businesses & 3 homes) and up to 10 partial frontage lot 2 potential full acquisitions of developed Right -of -Way Impact* acquisitions. (church & home) lots; one full acquisition of an undeveloped lot; and up to 4 partial frontage lot acquisitions. Approximately 263 total Approximately 713 total conflict points conflict points (63% less (8% more than the existing configuration) Turning Movement than the 5 -Lane alternative Conflicts and 60 less than the existing configuration) Provides on -street parking, Creates challenges for vehicles trying to truck parking, and generally access US 97 given increased conflicts, maintains current access for standing queues, and the impact of left Accessibility to properties along US97 and turns on safety. Some business accesses Businesses 11th Street. and side streets in Terrebonne would be limited to right-in/right-out with the potential addition of medians. Lower Bridge Way/US Full access for all movements Full access for all movements 97 Interchange Access Cost $27M $40M+ *Right-of-way acquisitions are approximations based on the current conceptual designs, and could either increase or decrease as design concepts are refined. Refinement Plan Yeo% r r le b, 0 1w %I In, &V =P-& April 10, 2019 1 Pagel Z abed I 6LOZ'OL J!AdV iauuoqvajj4 veld 4uaw0uj:,l-3H May 15, 2019 Deschutes County Board of Commissioners Deschutes Services Building 1300 NW Wall Street, 2nd Floor Bend, OR 97703 Dear Commissioners: In February of this year, I briefly addressed you in person concerning the Terrebonne Refinement plan, which was being developed at the time. The concerns my wife & I conveyed were primarily meant to protect the business owners in Terrebonne's central business district. As business owners ourselves, we certainly believe that any improvements to safety & traffic flow would benefit us all. We also believe that ease of access to the businesses by the community & adequate parking & delivery space could not be compromised either. After much fine tuning & equally as much compromise; we believe that the completed model currently presented meets the needs of the businesses, the community & the state in all matters of safety, traffic flow, speed reduction, parking & the hoped for general cosmetic improvement to Terrebonne have been met. Is it perfect? No, but it is better than the original proposals & is certainly better than it currently is. Therefore, we would like to recommend approval of the project. Thank you for your time, Scott P. Miller Crescent Moon Ranch 7566 N HWY 97 Terrebonne, OR 97760 541-923-2285 ,t a. r �► � � , s May 15, 2019 Deschutes County Board of Commissioners Deschutes Services Building 1300 NW Wall Street, 2nd Floor Bend, OR 97703 Dear Commissioners: In February of this year, I briefly addressed you in person concerning the Terrebonne Refinement plan, which was being developed at the time. The concerns my wife & I conveyed were primarily meant to protect the business owners in Terrebonne's central business district. As business owners ourselves, we certainly believe that any improvements to safety & traffic flow would benefit us all. We also believe that ease of access to the businesses by the community & adequate parking & delivery space could not be compromised either. After much fine tuning & equally as much compromise; we believe that the completed model currently presented meets the needs of the businesses, the community & the state in all matters of safety, traffic flow, speed reduction, parking & the hoped for general cosmetic improvement to Terrebonne have been met. Is it perfect? No, but it is better than the original proposals & is certainly better than it currently is. Therefore, we would like to recommend approval of the project. Thank you for your time, Scott P. Miller Crescent Moon Ranch 7566 N HWY 97 Terrebonne, OR 97760 541-923-2285 From: Scott Miller <scott@crescent moon ranch. com> Sent: Wednesday, May 15, 2019 1:47 PM To: Marc Butorac <MBUTORAC@kittelson.com> Subject: RE: Terrebonne - South Community Portal Intersection and Crescent Moon Farm Ranch Hi Marc, Attached, is the email I am sending to the commissioners. It will be delivered tomorrow or Friday. Sorry for the delay. Thank you, Scott Miller Crescent Moon Ranch