2020-303-Ordinance No. 2020-009 Recorded 8/20/2020REVIEWED
LEGAL COUNSEL
Recorded in Deschutes County CJ2020-303
Nancy Blankenship, County Clerk
Commissioners' Journal 08/20/2020 3:49:59 PM
iiiiiiiuinummimuiuu
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County
Transportation System Plan text to add reference to J- * ORDINANCE NO. 2020-009
turns to language on frontage road on U.S. 97
between Bend and Redmond and delete text requiring
Vandevert Road be disconnected from U,S. 97.
WHEREAS, applicant Oregon Department of Transportation (ODOT) has applied for a plan amendment
via File 247-20-000138-PA; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on May 14 and
May 28, 2020, and forwarded to the Deschutes County Board of County Commissioners ("Board"), a unanimous
recommendation of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on June 24, 2020, and
concluded that the public will benefit from the proposed changes to the Deschutes County Transportation System
Plan; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. The Deschutes County Transportation System Plan text is amended to
include references to J-turns to precede the installation of a raised median on U.S. 97 between Bend and Redmond
on pages 144 and 165 with new language shown in underline and deleted language shown as sweethfoug# and
attached here as Exhibit "A" and incorporated by reference herein.
Section 2. AMENDMENT. The Deschutes County Transportation System Plan text is amended to
delete references to disconnecting Vandevert Road from U.S. 97 on pages 147, deleted language shown as
str. lc .Hset�g# and attached here as Exhibit "B" and incorporated by reference herein.
Section 3. AMENDMENT. Deschutes County Comprehensive Plan Chapter 5.12, Supplementary
Section — Legislative History, is amended to read as described in Exhibit "C", attached hereto and by this reference
incorporated herein, with new language underlined.
Section 4. AMENDMENT, Deschutes County Code, Title 23, Chapter 23.01, is amended to read as
described in Exhibit "D", attached hereto and by this reference incorporated herein, with new language underlined.
PAGE I OF 2 - ORDINANCE NO. 2020-009
Section 5. FINDINGS. The Board adopts as its findings, Exhibit "E", attached hereto and
incorporated by reference herein.
Dated this m of- , 2020
ATTEST:
mg Se retary
Date of 1" Reading:
Date of 2nd Reading:
m
a
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PATTI ADAIR„ Chair
A HONY DEBONE, Vi Ch it
PHILIP G. ERSON
day of _ 2020.
day of 2020.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Patti Adair
Anthony DeBone
Philip G. Henderson
Effective date: ° % day of " Ay-O 2020.
PAGE 2 OF 2 - ORDINANCE NO.2020-009
Exhibit A
New language on Page 144 shown as underlined and deleted text shown as strikethre igh
"The agency recognizes the out of direction travel that would result and thus
has stated the current raised median would not be extended until a frc
::ar-,-iR place on I^XP-StP ^f II.!� 97 ODOT had a plan that would
minimize out -of -direction travel. The plan could include installation of a
frontage road, backage road, or the addition of I turns on U.S. 97."
New language on Page 165 shown as underlined.
"Between Bend and Redmond the traffic volumes will exceed the threshold
ODOT has set for triggering a raised median. The County supports a raised
median on U.S. 97, provided an adequate system of frontage road(s) or parallel
local alternate routes or the addition of I turns precede the raised median's
installation."
Ordinance 2020-009, Exhibit A
Exhibit B
Deleted language on Page 147 shown as strikethrough-.
Ordinance 2020-009, Exhibit B
sectLow 57.12 LegLsLat�ve Ftistoru
Background
This section contains the legislative history of this Comprehensive Plan.
Table S.12.1 Comprehensive Plan Ordinance History
Ordinance
Date Adopted/
Chapter/Section
Amendment
Effective
All, except
Transportation, Tumalo
and Terrebonne
201 1-003
8-10-1 1/ 1 1-9-1 1
Community Plans,
Comprehensive Plan update
Deschutes Junction,
Destination Resorts and
ordinances adopted in
2011
2.5, 2.6, 3.4, 3.10, 3.5,
Housekeeping amendments to
201 1-027
10-31-1 1 / 1 1-9-1 1
4.6, 5.3, 5.8, 5.1 1,
23.40A, 23.40B,
ensure a smooth transition to
23.40.065, 23.01.010
the updated Plan
23.60, 23.64 (repealed),
Updated Transportation
2012-005
8-20-12/ 1 1-19-12
3.7 (revised), Appendix C
System Plan
(added)
2012-012
8-20-12/8-20-12
4.1, 4.2
La Pine Urban Growth
Boundary
2012-016
12-3-12/3-4-13
3.9
Housekeeping amendments to
Destination Resort Chapter
Central Oregon Regional
2013-002
1-7-13/ 1-7-13
4.2
Large -lot Employment Land
Need Analysis
Comprehensive Plan Map
Amendment, changing
2013-009
2-6-13/5-8-13
1.3
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan Map
2013-012
5-8-13/8-6-13
23.01.010
Amendment, including certain
property within City of Bend
Urban Growth Boundary
Newberry Country: A Plan
2013-007
5-29-13/8-27-13
3.10, 3.1 1
for Southern Deschutes
County
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Ordinance 2020-009, Exhibit C
Comprehensive Plan Map
2013-016
10-21-13/ 10-21-13
23.01.010
Amendment, including certain
property within City of Sisters
Urban Growth Boundary
Comprehensive Plan Map
2014-005
2-26-14/2-26-14
23.01.010
Amendment, including certain
property within City of Bend
Urban Growth Boundary
2014-012
4-2-14/7-1-14
3.10, 3.1 1
Housekeeping amendments to
Title 23.
Comprehensive Plan Map
Amendment, changing
designation of certain
2014-021
8-27-14/ 1 1-25-14
23.01.010, 5.10
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan Map
Amendment, changing
designation of certain
2014-021
8-27-14/ 1 1-25-14
23.01.010, 5.10
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan Map
Amendment, changing
2014-027
12-15-14/3-31-15
23.01.010, 5.10
designation of certain
property from Agriculture to
Rural Industrial
Comprehensive Plan Map
Amendment, changing
2015-021
1 1-9-15/2-22-16
23.01.010
designation of certain
property from Agriculture to
Surface Mining.
Comprehensive Plan Map
Amendment, changing
2015-029
1 1-23-15/ 1 1-30-15
23.01.010
designation of certain
property from Tumalo
Residential 5-Acre Minimum
to Tumalo Industrial
2015-018
12-9-15/3-27-16
23.01.010, 2.2, 4.3
Housekeeping Amendments
to Title 23.
DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Ord. 2020-009, Exhibit C
Comprehensive Plan Text and
2015-010
12-2-15/ 12-2-15
2.6
Map Amendment recognizing
Greater Sage -Grouse Habitat
Inventories
Comprehensive Plan Map
Amendment, changing
2016-001
12-21-15/04-5-16
23.01.010; 5.10
designation of certain
property from, Agriculture to
Rural Industrial (exception
area)
Comprehensive Plan
Amendment to add an
exception to Statewide
2016-007
2-10-16/5-10-16
23.01.010; 5.10
Planning Goal I I to allow
sewers in unincorporated
lands in Southern Deschutes
County
Comprehensive Plan
Amendment recognizing non-
2016-005
1 1-28-16/2-16-17
23.01.010, 2.2, 3.3
resource lands process
allowed under State law to
change EFU zoning
Comprehensive plan
2016-022
9-28-16/ 1 1-14-16
23.01.010, 1.3, 4.2
Amendment, including certain
property within City of Bend
Urban Growth Boundary
Comprehensive Plan Map
Amendment, changing
2016-029
12-14-16/ 12/28/ 16
23.01.010
designation of certain
property from, Agriculture to
Rural Industrial
Comprehensive Plan Map
Amendment, changing
2017-007
10-30-17/ 10-30-17
23.01.010
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan
2018-002
1-3-18/ 1-25-18
23.01, 2.6
Amendment permitting
churches in the Wildlife Area
Combining Zone
DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Ord. 2020-009, Exhibit C
Housekeeping Amendments
correcting tax lot numbers in
Non -Significant Mining Mineral
2018-006
8-22-18/ 1 1-20-18
23.01.010, 5.8, 5.9
and Aggregate Inventory;
modifying Goal 5 Inventory of
Cultural and Historic
Resources
Comprehensive Plan Map
Amendment, changing
2018-01 1
9-12-18/ 12-1 1-18
23.01.010
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan Map
Amendment, removing Flood
23.01.010, 2.5, Tumalo
Plain Comprehensive Plan
2018-005
9-19-18/ 10-10-18
Community Plan,
Designation; Comprehensive
Newberry Country Plan
Plan Amendment adding Flood
Plain Combining Zone
purpose statement.
Comprehensive Plan
Amendment allowing for the
2018-008
9-26-18/ 10-26-18
23.01.010, 3.4
potential of new properties to
be designated as Rural
Commercial or Rural
Industrial
Comprehensive Plan Map
Amendment changing
designation of certain
property from Surface Mining
2019-002
1-2-19/4-2-19
23.01.010, 5.8
to Rural Residential Exception
Area; Modifying Goal 5
Mineral and Aggregate
Inventory; Modifying Non -
Significant Mining Mineral and
Aggregate Inventory
Comprehensive Plan and Text
2019-001
1-16-19/4-16-19
1.3, 3.3, 4.2, 5.10, 23.01
Amendment to add a new
zone to Title 19: Westside
Transect Zone.
DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Ord. 2020-009, Exhibit C
Comprehensive Plan Map
Amendment changing
designation of certain
2019-003
02-12-19/03-12-19
23.01.010, 4.2
property from Agriculture to
Redmond Urban Growth
Area for the Large Lot
Industrial Program
Comprehensive Plan Map
Amendment changing
designation of certain
property from Agriculture to
2019-004
02-12-19/03-12-19
23.01.010, 4.2
Redmond Urban Growth
Area for the expansion of the
Deschutes County
Fairgrounds and relocation of
Oregon Military Department
National Guard Armory.
Comprehensive Plan Map
Amendment to adjust the
Bend Urban Growth
Boundary to accommodate
the refinement of the Skyline
Ranch Road alignment and the
2019-01 1
05-01-19/05-16/ 19
23.01.010, 4.2
refinement of the West Area
Master Plan Area I boundary.
The ordinance also amends
the Comprehensive Plan
designation of Urban Area
Reserve for those lands
leaving the UGB.
Comprehensive Plan Map
Amendment, changing
2019-006
03-13-19/06-1 1-19
23.01.010,
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan and Text
amendments to provide
procedures related to the
2020-001
12-1 1-19/ 12-1 1-19
23.01.01, 2.5
division of certain split zoned
properties containing Flood
Plain zoning and involving a
former or piped irrigation
canal.
DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Ord. 2020-009, Exhibit C
Comprehensive Plan
Transportation System Plan
Amendment to add
roundabouts at US 20/Cook-
2020-008
06-10-24/09-22-20
23.01.010, Appendix C
O.B. Riley and US 20/01d
Bend -Redmond Hwy
intersections; amend Tables
5.331 and 5.332 and amend
TSP text
Comprehensive Plan
Transportation System Plan
Amendment to add reference
to J turns on US 97 raised
median between Bend and
2020-009
06-10-20/09-08-20
23.01.010. Appendix C
Redmond, delete language
about disconnecting
Vandevert Road from US 97
DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Ord. 2020-009, Exhibit C
EXHIBIT D
Chapter 23.01 COMPREHENSIVE PLAN
Chapter 23.01 COMPREHENSIVE PLAN
23.01.010. Introduction.
A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003
and found on the Deschutes County Community Development Department website, is incorporated
by reference herein.
B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2011-027, are incorporated by reference herein.
C. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-005, are incorporated by reference herein.
D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-012, are incorporated by reference herein.
E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-016, are incorporated by reference herein.
F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-002, are incorporated by reference herein.
G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-009, are incorporated by reference herein.
H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-012, are incorporated by reference herein.
I. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-007, are incorporated by reference herein.
J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-005, are incorporated by reference herein.
K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-006, are incorporated by reference herein.
L. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-012, are incorporated by reference herein.
M. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-021, are incorporated by reference herein.
N. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-027, are incorporated by reference herein.
O. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-021, are incorporated by reference herein.
P. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-029, are incorporated by reference herein.
Q. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-018, are incorporated by reference herein.
R. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-010, are incorporated by reference herein.
S. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-001, are incorporated by reference herein.
T. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-022, are incorporated by reference herein.
U. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-005, are incorporated by reference herein.
Chapter 23.01 8/( 2020)
Ordinance 2020-009, Exhibit D
EXHIBIT D
V. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-027, are incorporated by reference herein.
W. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-029, are incorporated by reference herein.
X. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2017-007, are incorporated by reference herein.
Y. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-002, are incorporated by reference herein.
Z. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-006, are incorporated by reference herein.
AA. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-011, are incorporated by reference herein.
BB. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-005, are incorporated by reference herein.
CC. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-008, are incorporated by reference herein.
DD. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-002, are incorporated by reference herein.
EE. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-001, are incorporated by reference herein.
FF. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-003, are incorporated by reference herein.
GG. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-004, are incorporated by reference herein.
HH. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-011, are incorporated by reference herein.
II. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-006, are incorporated by reference herein.
JJ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-016, are incorporated by reference herein.
KK. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-019, are incorporated by reference herein.
LL. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-001, are incorporated by reference herein.
MM. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-002, are incorporated by reference herein.
NN. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-003, are incorporated by reference herein.
00. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-008, are incorporated by reference herein.
PP. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-009, are incorporated by reference herein
(Ord. 2020-009 �1, 2020; Ord. 2020-008 §1, 2020; Ord. 2020-003 §1, 2020; Ord. 2020-002 §1,
2020; Ord. 2020-001 §26, 2020; Ord. 2019-019 §2, 2019; Ord. 2019-016 §3, 2019; Ord. 2019-006 §
1, 2019; Ord. 2019-011 § 1, 2019; Ord. 2019-004 §1, 2019; Ord. 2019-003 §1, 2019; Ord. 2019-001
§1, 2019; Ord. 2019-002 §1, 2019; Ord. 2018-008 §1, 2018; Ord. 2018-005 §2, 2018; Ord. 2018-011
§1, 2018; Ord. 2018-006 §1, 2018; Ord. 2018-002 §1, 2018; Ord. 2017-007 §1, 2017; Ord. 2016-029
Chapter 23.01 8/1 2020)
Ordinance 2020-009, Exhibit D
EXHIBIT D
§ 1, 2016; Ord. 2016-027 § 1, 2016; Ord. 2016-005 § 1, 2016; Ord. 2016-022 § 1, 2016; Ord. 2016-001
§1, 2016; Ord. 2015-010 §1, 2015; Ord. 2015-018 § 1, 2015; Ord. 2015-029 § 1, 2015; Ord. 2015-021
§ 1, 2015; Ord. 2014-027 § 1, 2014; Ord. 2014-021 §1, 2014; Ord. 2014-12 §1, 2014; Ord. 2014-006
§2, 2014; Ord. 2014-005 §2, 2014; Ord. 2013-012 §2, 2013; Ord. 2013-009 §2, 2013; Ord. 2013-007
§1, 2013; Ord. 2013-002 §1, 2013; Ord. 2013-001 §1, 2013; Ord. 2012-016 §1, 2012; Ord. 2012-013
§1, 2012; Ord. 2012-005 §1, 2012; Ord. 2011-027 §1 through 12, 2011; Ord. 2011-017 repealed;
Ord.2011-003 §3, 2011)
Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/compplan)
Chapter 23.01 8/2020)
Ordinance 2020-009, Exhibit D
FINDINGS TO AMEND DESCHUTES CO. TRANSPORTATION SYSTEM PLAN TEXT
REGARDING 1) ADDING REFERENCE TO J-TURNS TO REQUIREMENT A FRONTAGE ROAD
BE IN PLACE PRIOR TO INSTALLING RAISED MEDIAN BETWEEN BEND AND REDMOND;
AND 2) REMOVING LANGUAGE THAT VANDEVERT ROAD WILL BE DISCONNECTED
FROM U.S. 97
(FILE 247-20-000138-PA)
1. Background
The Oregon Department of Transportation (ODOT) has two scheduled construction projects
to improve safety on U.S. 97. The first is to erect a raised median barrier for nine (9) miles
between the south city limits of Redmond and the north city limits of Bend. The second is
to make six (6) miles of U.S. 97 into a divided highway between South Century Drive and the
United States Forest Service (USFS) boundary, which include keeping Vandevert Road
connected to U.S. 97. The current Transportation System Plan (TSP) requires a parallel
route, aka a frontage or backage road, be in place prior to a median barrier being installed
on the highway. The current TSP also has a long-term objective of disconnecting Vandevert
Road from U.S. 97.
The proposed plan amendment would 1) modify the TSP language by adding a reference to
J-turns (a form of U-turn) as an additional method to minimize out -of -direction travel caused
by the raised median barrier and 2) remove the TSP language regarding disconnecting
Vandevert from U.S. 97 in the future. The findings below discuss both proposals. The
proposed plan amendments, if approved, would allow the ODOT projects to be consistent
with the County TSP.
The applicant, ODOT, initiated the proposed plan amendment (File 247-20-000138-PA) to
amend the Deschutes County TSP. The TSP is the transportation component of the
Deschutes County Comprehensive Plan. The subject plan amendment proposes the
following:
• Amend the current TSP language on Page 144 relating to the DeschutesJunction area
that to offset a raised median would lead to out -of -direction travel and require a
frontage road on the west side of U.S. 97
• Amend current TSP language on Page 165 that a frontage road precede a raised
median on U.S. 97
• Amend the current TSP text on page 147 calling for disconnecting U.S. 97 from
Vandevert Road
The proposed plan amendment is for TSP text only and does not involve review of the actual
construction of the two projects. The raised median between Bend and Redmond will be
done in four phases and the divided rural highway between South Century Drive and the
USFS border will be done in two phases. Phase I for each project will be constructed in
2021. Construction of the latter phases is dependent upon funding and are not yet
programmed.
II. Review Criteria
Proposed Board Ordinance 2020-009 amends the TSP. Deschutes County lacks specific
criteria in DCC Titles 18, 22, or 23 for reviewing a legislative amendment. Nonetheless,
ODOT 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 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
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.
Ord. 2020-009 Exhibit E (247-20-000138-PA, US 97 raised median J-turns; Vandevert Rd)
Page 2 of 19
FINDING: Staff held a work session with the Planning Commission (PC) on April 23, 2020,
prior to the May 14, 2020, public hearing, which was the first evidentiary hearing. The PC
continued the hearing until May 28, at which time they closed the hearing, deliberated, and
unanimously recommended the Board approve the application as presented. The Board
held a work session on June 15 and a public hearing on June 24. The Board closed the oral
record on that date, left the written record open until July 15, and deliberated on July 20.
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(A), 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 May
3, 2020, which is more than 10 days prior to the May 14, 2020, PC public hearing. Staff also
sent notice to all property owners within 750 feet of the right of way of U.S. 97 between
Bend and Redmond and South Century Drive to USFS boundary. The mailed notices
included a notice of public hearing (NOPH) and maps of the two project areas. Mailed
individual notices and posted notices are not required for a legislative amendment under
County code, but staff exercised the discretion allowed under DCC 22.12.020(B) and (C) to
mail individual notices.
Staff also sent notice to the Department of Land Conservation and Development (DLCD) on
March 19, 2020, which is more than 35 days prior to the first evidentiary hearing. (At the
time of the 35-day notice, staff thought April 23 would be a PC hearing, due to CORVID-19.
Since that 35-day notice was sent, the County determined April 23 would be a PC work
session with a hearing date to be decided at the work session.) This notice is consistent
with DCC 22.12.020(C). Staff coordinated with the County public information officer for
distribution of a press release to the media. This complies with DCC 22.12.020.
Ord. 2020-009 Exhibit E (247-20-000138-PA, US 97 raised median J-turns; Vandevert Rd)
Page 3 of 19
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 February 13, 2020, after
paying the required fees. 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. 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
2020-009. 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 will revise the County's TSP, an element of the County's
Comprehensive Plan, to add references to J-turns for a raised median on U.S. 97 between
Bend and Redmond as an option to frontage roads; the amendment also removes language
calling for Vandevert Road, a County collector, to be disconnected from U.S. 97. The
proposed language does not pertain to an editorial or clerical error, therefore this section
is not applicable.
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Section 2, Statewide Planning Goals
Goal 1, Citizen Involvement
FINDING: The text amendment included a work sessions before the PC (April 23, 2020) and
Board (June 15, 2020), both of which the public could attend. The entire ODOT application
was entered into the record at the PC work session at time and was part of the PC's agenda
packet. (The PC packet materials can be found at the link below.) The PC held a public
hearing on May 14, which was continued until May 28. The public could attend via Zoom,
due to the COVID-19 pandemic. The PC hearings are found at the link below.2 The Board
work session and hearings are found at the links below.' The proposed comprehensive
plan amendment under Deschutes County Code (DCC) 22.12 (Legislative Procedures) went
through noticed public meetings before both the Planning Commission and the Board and
thus complies with Goal 1.
Goal 2, Land Use Planning
FINDING: The text amendment ensures the ODOT safety project is consistent with the TSP.
The safety project has two elements: 1) a raised median between Bend and Redmond
constructed in four phases and 2) making 97 into a divided four -lane highway between
South Century Drive and the USFS boundary, approximately Milepoints 153-159 in two
phases. This Comprehensive Plan text amendment was processed under DCC 22.12
(Legislative Procedures). The comprehensive plan amendment process ensures consistency
with the County's adopted Comprehensive Plan. Goal 2 is met.
Goal 3, Agricultural Lands
FINDING: The text amendment is not proposing any changes to land use designations.
While portions of US 97 do cross Exclusive Farm Use (EFU) zone between Bend and
Redmond, the raised median safety project is within existing right of way. If the J-turn does
' April 23, 2020, PC packet
https•//deschutescountvor igm2.com/Citizens/FileOpen.aspx?Tvpe=1&ID=2243&Inline=True
2 May 14, 2020, PC packet
https•//deschutescountvor igm2.com/Citizens/FileOpen.aspx?Tvpe=1&ID=2248&Inline=True
May 28, 2020, PC packet
https•//deschutescountvor igm2.com/Citizens/FileOpen.aspx?Tvpe=1&ID=2264&Inline=True
3June 15, 2020 Board packet
https•//deschutescountvor igm2.com/Citizens/FileOpen.aspx?Tvpe=1&ID=2275&Inline=True
June 24, 2020, Board packet
https•//deschutescountvor.igm2.com/Citizens/FileOpen.aspx?Type=1&ID=2259&Inline=True
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require additional right of way, a J-turn is simply a form of channelization. Channelization
is a transportation improvement allowed on rural lands without a Goal 3 exception (OAR
660-012-0065(3)). Goal 3 is met.
Goal 4, Forest Lands
FINDING: The text amendment is not proposing any changes to land use designations.
The raised median does not cross any Forest (F-1 or F-2) zoned lands. The divided rural
highway is on F-1 zoned lands. However, these lands are on the Deschutes National Forest
(DNF) and thus are not governed by Oregon's land use system. Goal 4 is 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 two elements
(adding text citing J-turns as a way to reduce out -of -direction travel related to a raised
median between Bend and Redmond and removing the language to disconnect Vandevert
Road from U.S. 97) will not encroach on open spaces, scenic and historic areas, or natural
resources. The raised median project will occur in existing right of way and the divided
rural highway portion will occur on federal forest lands, which are not under the County's
jurisdiction. Goal 5 is met.
Goal 6, Air, Water and Land Resource Quality
FINDING: The purpose of the raised median and the divided rural highway is to reduce
crashes as well as meet the performance targets for ODOT. By reducing congestion, both
for through traffic and for traffic caught in stop -and -go due to a crash, the two projects will
reduce time vehicle engines would otherwise spend idling, which is when tailpipe emissions
are highest. The projects will also reduce delay on the side streets. The locations of the
two projects do not occur in any designated floodplain or floodway. The actual construction
will deal with any drainage. 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. Goal 6 is been met.
Goal 7, Natural Hazards
FINDING: The two US 97 segment upgrades are road improvement projects along an
existing highway corridor. The County's Comprehensive Plan identifies the dominant
natural hazards as wildfire, winter storms, and flooding. The two safety projects will reduce
winter crashes. US 97 acts as both a firebreak and an evacuation route. The two projects
will have drainage in their construction plans. The highway will be maintained appropriately
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throughout the year. Finally, ODOT routinely perform snowplowing, sanding, and other
winter maintenance activities to keep the highway functional. Goal 7 is met.
Goal 8, Recreational Needs
FINDING: The text amendment does not change the uses allowed in the adjoining zones,
some of which are recreational. The raised median and the divided highway will potentially
lessen traffic congestion and make travel much easier for those headed to nearby
recreation areas such as the Deschutes National Forest and/or the Deschutes River. Goal
8 is met.
Goal 9, Economic Development
FINDING: The text amendment still allows properties to develop as allowed under their
zoning. The text amendment to add the J-turns and removing the future disconnection of
Vandevert Road from US 97 will help to ensure US 97 remains a key statewide and West
Coast freight corridor. The raised median and the divided highway will ensure that the
movement of goods along US 97 will continue unimpeded. Goal 9 is 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 areas lie
outside of any UGB. Rural areas, unlike municipalities, are not obligated to fulfill Goal 10
housing requirements. Goal 10 is met.
Goal 11, Public Facilities and Services
FINDING: This goal pertains more to water and sewer services. Nevertheless, the raised
median and the divided highway are favorable to emergency service providers since they
will reduce the risk of crashes and their severity, decrease congestion, and speed up
response times. Goal 11 is met.
Goal 1Z Transportation
FINDING: ODOT has provided extensive documentation in its application, including
detailed traffic analysis of the number, type, and location of crashes. As detailed in the
"Updated US 97 Safety Assessment (2018)", median -related projects were phased
separately from other countermeasures. The raised median will transform the remaining
public and private accesses into right-in/right-out only (RIRO) connections. RIRO
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intersections have a much lower crash rate due to the elimination of conflicts with crossing
traffic and left -turning traffiC.45 If a raised median is carried forward for implementation,
ODOT has proposed to develop an outreach plan and document key access management
principles as defined in OAR 734-051-7010 and 734=051-1065. A summary of the
applicant's burden of proof is presented below for the two project areas.
Bend -Redmond raised median
Funding is reasonably likely in order to satisfy 660-012-0060(3)(d) given the plan
amendment is for US 97, the primary state highway in ODOT's Region 4. ODOT is the road
authority for this facility. Phase I (median extending south of Deschutes Junction for 1.86
miles) is programmed for construction in 2021. This phase includes a J-turn to
accommodate southbound traffic wishing to turn north. The J-turn would serve both traffic
already on US 97 and traffic entering from the west side of the highway south of the
Deschutes Junction interchange; that latter west side traffic could use the J-turn if the
ultimate destination was north of the interchange.
South Century Drive-USFS boundary
Funding is reasonably likely in order to satisfy 660-012-0060(3)(d) given the plan
amendment is for US 97, the primary state highway in ODOT's Region 4. ODOT is the road
authority for this facility. Phase I (divided highway from South Century Drive to just south
of Vandevert Road) is programmed for construction in 2021. This phase includes a J-turn
north of Vandevert/US 97. The J-turn would accommodate northbound traffic wishing to
turn westbound onto Vandevert Road.
For both projects, the text amendment does not change the functional classification of US
97, the implementing standards, any levels of access, or degrade the performance of an
existing or planned facility. The text amendment will not change the zoning of any abutting
properties so the trip -generation rates will remain the same post -project as pre -project for
both the raised median and the divided highway. Therefore the plan amendment does not
result in any significant effects as defined by 660-012-0060(1)(a-c). Goal 12, aka the TPR, is
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 purpose of the project is to
4 See "National Cooperative Research Program Report 745: Left -Turn Accommodations at Unsignalized Intersections"
5 See "NCHRP Report 524: Safety of U-Turns at Unsignalized Median Openings"
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reduce the number of crashes and their severity on US 97 in two discrete segments. By
reducing congestion and lowering delays on the side streets, the roundabouts will reduce
time vehicle engines would otherwise spend idling, which is when tailpipe emissions are
highest. The text amendment will make the two projects consistent with the TSP. Goal 13
is met.
Goal 14, Urbanization
FINDING: No land use plan designations, zoning designations, or map changes will result
from this text amendment. Additionally, neither of the two segments is within an Urban
Growth Boundary (UGB). Goal 14 is 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 has submitted the required materials and submitted them in compliance
with the 35-day prior notice timeline. Notice was sent electronically to DLCD on March 19,
2020, which was 56 days previous to the first evidentiary on May 14, 2020. This criterion has
been met.
Section 4, Oregon Administrative Rule 660-012
660-012-0060, aka the Transportation Planning Rule (TPR)
Plan and Land Use Regulation Amendments
(1) If an amendment to a functional plan, an acknowledged comprehensive plan,
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
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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),
(b) Change standards implementing a functional classification system,
(c) Result in any of the effects listed in paragraphs (A) through (C) of this
subsection based projected conditions measured at the end of the
planning period identified in the adopted TSP. As part of evaluating
projected conditions, the amount of traffic projected to be generated
within the area of the amendment may be reduced if the amendment
includes an enforceable, ongoing requirement that would
demonstrably limit traffic generation, including, but not limited to,
transportation demand management. This reduction may diminish or
completely eliminate the significant effect of the amendment.
(A) Types or levels of travel or access that are inconsistent with the
functional classification of an existing or planned
transportation facility.
(e) Degrade the performance of an existing or planned
transportation facility such that it would not meet the
performance standards identified in the TSP or comprehensive
plan,
(C) Degrade the performance of an existing or planned
transportation facility that is otherwise projected not to meet
the performance standards identified in the TSP or
comprehensive plan.
FINDING: For both projects, the text amendment does not change the functional
classification of US 97, the implementing standards, any levels of access, or degrade the
performance of an existing or planned facility. The text amendment will not change the
zoning of any abutting properties so the trip -generation rates will remain the same post -
plan amendment as pre -plan amendment for both the raised median and the divided
highway. Therefore the plan amendment does not result in any significant effects as
defined by 660-012-0060(1)(a-c).
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(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 partial mitigation 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.
FINDING: As discussed in the Goal 12 findings, the plan amendment will not result in any
significant effect.
(3) Notwithstanding sections (1) and (2) of this rule, a local government may
approve an amendment that would significantly affect an existing
transportation facility without assuring that the allowed land uses are
consistent with the function, capacity and performance standards of the
facility where:
(a) In the absence of the amendment, planned transportation facilities,
improvements and services as set forth in section (4) of this rule would
not be adequate to achieve consistency with the identified function,
capacity or performance standard for that facility by the end of the
planning period identified in the adopted TSP;
(b) Development resulting from the amendment will, at a minimum,
mitigate the impacts of the amendment in a manner that avoids
further degradation to the performance of the facility by the time of
the development through one or a combination of transportation
improvements or measures,
(c) The amendment does not involve property located in an interchange
area as defined in paragraph (4)(d)(C), and
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(d) For affected state highways, ODOT provides a written statement that
the proposed funding and timing for the identified mitigation
improvements or measures are, at a minimum, sufficient to avoid
further degradation to the performance of the affected state highway.
However, if a local government provides the appropriate ODOT
regional office with written notice of a proposed amendment in a
manner that provides ODOT reasonable opportunity to submit a
written statement into the record of the local government proceeding,
and ODOT does not provide a written statement, then the local
government may proceed with applying subsections (a) through (c) of
this section.
FINDING: Funding is reasonably likely in order to satisfy 660-012-0060(3)(d) given the plan
amendment is a raised median on US 97 between Bend and Redmond and a divided four -
lane rural highway between South Century Drive and the USFS boundary. Both projects are
programmed for their first phases of construction in 2021. The proposed amendment
language only applies to specified geographic areas (Deschutes Junction area, Vandevert
Road). Both of those described areas are located within the first phases of the raised
median project and the divided rural highway project. ODOT is the road authority for this
highway and in its burden of proof state funding is reasonably likely for the projects.
The proposed text amendment complies with the TPR.
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 ODOT application materials detail the factual case behind the benefit of the
raised median to lower the number of crashes and their severity. A divided rural highway
has similar benefits. In both projects, ODOT will utilize J-turns to minimize out -of -direction
travel. The plan amendment required work sessions with the PC and the Board, which the
public could have attended, and public hearings where the public testified in writing or
orally to the PC and the Board via Zoom. The plan amendment is consistent with the
Comprehensive Plan.
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Section 6, Deschutes County Transportation System Plan
Goal Achieve an efficient, safe, convenient, and economically viable
transportation and communication system. This system includes roads, rail
lines, public transit, air, pipeline, pedestrian and bicycle facilities. The
Deschutes County transportation system shall be designed to serve the
existing and projected needs of the unincorporated communities and rural
areas within the County. The system shall provide connections between
different modes of transportation to reduce reliance on any one mode.
Policy 1.2 The lead agency for review of transportation projects in Deschutes County
shall be:
a. Deschutes County for projects completely outside urban growth
boundaries (UGBs),
FINDING: ODOT applied (File 247-20-000138-PA) to Deschutes County for land use review
to amend the County's TSP to add a text reference allowing) -turns and removing language
about disconnecting Vandevert Road from US 97. The affected areas lie outside of any
Urban Growth Boundary (UGB). US 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 proposed plan amendment is consistent with this policy.
Goal 2 The Deschutes County TSP shall be continually updated in a timely fashion in
order to ensure the transportation system serves the needs of County
residents, businesses, and visitors.
Policy 2.1 Deschutes County shall.
a. Identify local, regional, and state transportation needs,
b. Develop a transportation plan that shall address those needs,
c. Review and update the plan at least every five years,
d. Continue to coordinate transportation planning with local, regional and
state plans by reviewing any changes to Deschutes County local
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transportation plans, regional transportation plans, the Oregon
Transportation Plan and ODOT's State Transportation Improvement
Program (STIP); and
e. Continue public and interagency involvement in the transportation
planning process.
FINDING: The text amendment was based on the current and future operational challenges
of US 97. A raised median and a divided rural highway address safety and operational
needs and J-turns minimize out -of -direction travel. The plan amendment and the two
future projects are consistent with this policy.
Policy 2.2 Transportation Projects
a. The County shall have a list of transportation projects, adopted by the
Board of County Commissioners in accordance with the policies set forth
below.
b. The initial Transportation Project List shall beset forth in Table 5.3.T1 of
the Transportation System Plan adopted as part of the Resource Element
of the Comprehensive Plan. The Board shall update the Transportation
Project List periodically by resolution adopted by the Board without need
of a formal amendment to the TSP.
c. 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.
d. 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:
• Improvement of surrounding roads,
• Limits on level of development,
• Revision of development placement,
• Addition or redesign of access,
• Addition of traffic management devices such as traffic signals,
medians, turn lanes or signage, and/or
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Improvements that reduce transportation impacts.
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: By amending the TSP text to include the reference to J-turns, the ODOT project
for a raised median between Bend and Redmond is consistent with the County's TSP. As
the Bend -Redmond raised median is an operational improvement rather than a
modernization project, the project is not listed in TSP Table 5.3.T1 (County Road and
Highway Projects). The disconnecting of Vandevert Road from US 97 was identified in Table
5.331 (page 159) and will be removed. Making US 97 a divided four -lane highway between
South Century and Vandevert is consistent with Table 5.331at listed project "US 97 South
Century -La Pine State Rec Road" to add travel lanes (Page 160); this project remains listed.
The project development process has covered each of the criteria mentioned above in 2.2d
and is consistent with this policy.
Goal The transportation plan and facilities of Deschutes County shall be
coordinated with the plans and facilities of incorporated cities within
Deschutes County, adjacent counties, and the State of Oregon.
Policy 3.2 Deschutes County shall coordinate local plans and land use decisions with
state transportation plans, including the Oregon Transportation Plan, the
Oregon Highway Plan and other modal plans. These plans provide ODOT
policies and performance standards for State 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: The Oregon Highway Plan (OHP) does not have to be amended to include these
projects.
Goal 4 Establish a transportation system, supportive of a geographically distributed
and diversified economic base, while also providing a safe, efficient network
for residential mobility and tourism.
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Policy 4.4 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.
Policy 4.5 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 pedestrian facilities where required.
FINDING: The project development process has covered each of the criteria mentioned
above in 4.4 and 4.5. The intersection upgrades 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. The proposal is consistent with these policies.
Goal 5 Maintain an access management system adequate to protect the quality and
function of the arterial and collector street system.
Policy 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 intersection upgrades meet the access management requirements of the
Oregon Highway Plan (OHP) and Oregon Administrative Rule Chapter 734 (Division 51).
Policy 5.4 A non -traversable median on state highways shall be installed by ODOT when
operational or safety issues warrant installation as set forth by Policy 38:
Medians in the OHP. Directional breaks in the median may be allowed as
needed, provided traffic operations are still safe.
FINDING: The J-turns provide directional breaks in the Bend -Redmond raised median and
the South Century-USFS boundary divided highway. The text amendment is consistent with
this policy.
Goal? Update as needed DCC Chapter 17.48, Design and Construction
Specifications, to ensure all aspects of construction related to roads,
pedestrian walkways and bike facilities occurring outside designated urban
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growth boundaries in Deschutes County are adequate to meet the needs of
the traveling public.
Policy 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 17.48, Table B.
FINDING: The plan amendment added references to J-turns, which are a form of turn lane,
and to remove language about disconnecting Vandevert Road from U.S. 97. Both projects
are phased and are for US 97, a state highway. DCC 17.48, Table A (Minimum Road Design
Standards) lists widths for rights of way, pavement, travel lanes, and turn lanes on state
highways. ODOT, however, has its own standards and specifications for highways, including
accommodating bicyclists and pedestrians. DCC 17.48, Table B (Minimum Bikeway Design
Standards) does not have a category for state highways. Typically, there are no pedestrian
walkways on high-speed rural roads. The project development process has covered each
of the criteria mentioned above in 7.1. When construction occurs, US 97 and any bicycle
and/or pedestrian facilities will meet the ODOT standards and County minimums set forth
in DCC Chapter 17.48, Table A. The proposal is consistent with this policy.
Goal 10 Maintain the current arterial and collector system in the County and prevent
degradation of the capacity of the system.
Policy 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 project development process has had participation from both Deschutes
County Board of Commissioners and staff from Planning and the Road Department as well
as the USFS. The affected segments US 97 are completely within rural Deschutes County
and do not cross any jurisdictional boundaries. The proposal is consistent with this policy.
Goal 12 Develop a plan of designated truck routes on County arterials
Policy 12.1 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
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when no reasonable alternative arterial road is available for access to
commercial or industrial uses.
Policy 12.2 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 proposal is
consistent with these policies.
Goal 15
Policy 15.2 Provide and maintain a safe, convenient and economical bicycle and
pedestrian system that is integrated with other transportation systems.
Policy 15.4 Coordinate on -road County bikeways with known existing and proposed
State and City bikeways.
Policy 15.5 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.
Policy 15.6 Deschutes County shall facilitate safe and direct bicycle and pedestrian
crossings of arterial roads.
FINDING: The plan amendment is to add language to add J-turns to the TSP text. A J-turn
could also be utilized by a bicyclist wishing to cross the highway. Removing language from
the TSP which called for disconnecting Vandevert Road from US 97 would mean bicyclists
could continue to use Vandevert to enter or exit the highway. The project development
process has covered each of the criteria mentioned above in 15.2, 15.4,15.5 and 15.6. When
actual construction begins, ODOT's Highway Design Manual will be utilized to ensure
adequate facilities for bicyclists. The proposal is consistent with these policies.
Conclusion
The Deschutes County Transportation System Plan (TSP) identifies policies and
improvements that support the County's transportation system through the year 2030. The
TSP accomplishes this through specific goals and policies. The plan amendment includes
text to add J-turns as an option to precede construction of a raised median between Bend
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and Redmond and to remove text that Vandevert Road will be disconnected from US 97.
The latter includes amending TSP Table 5.3.T1. The proposed language is consistent with
the applicable OARS, ORSs, the Comprehensive Plan, and the TSP. The plan amendment
has been processed in accordance with DCC 22.12, Legislative Changes.
The Board finds the plan amendment is consistent with the review criteria for Deschutes
County Title 22, Legislative Procedures, applicable Statewide Planning Goals, applicable
Oregon Revised Statutes, Oregon Administrative Rules, Deschutes County Comprehensive
Plan, and Deschutes County Transportation System Plan as cited above.
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\)5 E S CpG2
o� Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Wednesday Meeting of August 19, 2020
DATE: August 11, 2020
FROM: Peter Russell, Community Development, 541-383-6718
TITLE OF AGENDA ITEM:
Consideration and Second Reading of Ordinance No. 2020-009 Amending the Deschutes
County Transportation System Plan (TSP) Text to 1) Add J-Turns as an Option to Frontage
Roads for US 97 Bend -Redmond Raised Median and 2) Leave Vandevert Road Connected
to US 97
RECOMMENDATION & ACTION REQUESTED:
Approve Ordinance 2020-009 and read by title only
BACKGROUND AND POLICY IMPLICATIONS:
The Board held a consideration and first reading on Aug. 5, 2020, of Ordinance 2020-009.
Second reading must be held no sooner than two weeks in instances when there is no
emergency. The ordinance implements the Board's July 22 approval of File 247-20-000138-
PA, which was an application by the Oregon Department of Transportation to amend the
County's TSP text on pages 144, 147, and 165 to 1) add J-turns as an option to the raised
median on US 97 between Bend and Redmond, rather than requiring a frontage road precede
the raised median and 2) remove language calling for Vandevert Road to be disconnected
from US 97..
FISCAL IMPLICATIONS: None
ATTENDANCE: Peter Russell, Senior Transportation Planner, CDD
MEMORANDUM
DATE: August 10, 2020
TO: Board of County Commissioners
FROM: Peter Russell, Senior Transportation Planner
RE: August 19, 2020, consideration of second reading and signature of Ordinance 2020-
009, which amends the Deschutes County Transportation System Plan (TSP) text
regarding 1) amend requirement a frontage road be in place prior to installing a
raised median barrier between Bend and Redmond by adding a reference to J-turns
and 2) removing language that Vandevert Road will be disconnected from U.S. 97 (File
247-20-000138-PA).
The Board held consideration of signature and first reading on August 5, 2020, of Ordinance 2020-
009, which is the implementing ordinance for the Board's unanimous approval of File 247-20-
000138-PA, an application by the Oregon Department of Transportation (ODOT) to amend the
Deschutes County TSP. Specifically, the application amends the TSP text on pages 144 and 165
regarding the frontage road preceding the raised median between Bend and Redmond by adding a
reference to J-turns. A J-turn is a directional break in the median and is now an option to the
frontage road(s), but does not eliminate the frontage road concept. On page 147 the amendment
deletes text regarding disconnecting Vandevert Road from US 97.
Earlier, the Board held a public hearing on)une 24, 2020, closingthe oral record that day, and leaving
the written record open until July 15, 2020. The Board then set deliberations for July 20, but due to
subsequent items also needing the Board's immediate attention, shifted the date to July 22, 2020.
The Board's deliberations are footnoted below.' The proposed language is attached with new
language shown as underline and deleted language shown as strikethrni 1gh The Board's June 24,
2020, hearing is footnoted below.2
1 The deliberations on File 247-20-000138-PA is Item #20
https•//deschutescountvor icim2.com/Citizens/SplitView.aspx?Mode=Video&MeetingiD=2580&Format=Agenda
z The public hearing on File 247-20-000138-PA is Item #20
https•//deschutescountvor.igm2.com/Citizens/FileOpen.aspx?Type=1&ID=2259&lnline=True
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
kl- (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd
Staff will be attending remotely by Zoom from the CDD building. Staff will be available to answer
any questions by Zoom.
Attachments: 1) Ordinance 2020-009
2) Exhibit A (Text changes on pages 144 and 165 for raised median, J-turns))
3) Exhibit B (Text changes on page 147 for Vandevert Road)
4) Exhibit C (Legislative History)
5) Exhibit D (Amend DCC 23.01)
6) Exhibit E (Findings)
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