2024-13-Order No. 2024-003 Recorded 1/12/2024Recorded in Deschutes County CJ2024-13
Steve Dennison, County Clerk
REVIEWED Commissioners' Journal 01 /12/2024 9:02:49 AM
LEGAL COUNSEL � �� , co, I 11111111111111111111111
2024-13
For Recording Stamp only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Reopening the Record for File Nos.
247-23-000507-PA, 508-TA related to the * ORDER NO. 2024-003
Deschutes County Transportation System Plan
(TSP) Update.
WHEREAS, consistent with ORS 197.763, Deschutes County Code ("DCC") 22.24.160(A) states in
pertinent part that "The Hearings Body may at its discretion reopen the record, either upon request or on its own
initiative...."; and
WHEREAS, the Board set a deadline of 4:00 p.m. on December 6, 2023, for any interested party to submit
additional written evidence or testimony; and
WHEREAS, on December 27, 2023, David Abbas of City of Bend submitted an agency comment related
to the Transportation System Plan update; and
WHEREAS, on January 8, 2024, Tyler Deke of Bend MPO submitted an agency comment related to the
Transportation System Plan update; and
WHEREAS, the Board has given due consideration to the Record and the comments received after close
of the Record on December 6, 2023; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
FINDS AND ORDERS as follows:
1. The Board accepts David Abbas' December 27, 2023 written submission into the Record
2. The Board accepts Tyler Deke's January 8, 2024 written submission into the Record
3. The Board reopens the written Record for files 247-23-000507-PA, 508-TA through and until 4:00
p.m. on January 31, 2024 for submission of additional written evidence and testimony from interested
persons and entities.
4. The Board will deliberate towards a final decision during the Board meeting on February 7, 2024.
PAGE 1 OF 2- ORDER No. 2024-003
Dated this _� of 1� , 2024
ATTEST:A�9" �^,
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Recording Secretary
PAGE 2 of 2- ORDER No. 2024-003
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PA I ADAIR, Chair
ANTHONY DeBONE, Vice Chair
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PHILI CHANG, CQrnmissioner
C OMMIUiNI Y DiEV LO 'N)EN.T
MEMORANDUM
TO: Deschutes County Board of County Commissioners
FROM: Tarik Rawlings, Senior Transportation Planner
DATE: January 10, 2024
RE: Consideration of Board Order Reopening Record: Draft 2020-2040 Transportation
System Plan (TSP)
The Road Department, with the assistance of the Community Development Department (CDD), has
prepared an update of the 2010-2030 Deschutes County Transportation System Plan (TSP). The new
TSP will cover the years 2020-2040. The TSP focuses on County arterials and collectors as well as
bicycles, pedestrians, transit, and other modes. In response to written comments received after the
close of record on December 6, 2023, staff asks the Board to consider reopening the record
associated with the TSP review (files 247-23-000507-PA, 508-TA) pursuant to DCC 22.24.160(A) for
the purpose of incorporating comments received after the close of record. A draft Order is attached
for the Board's review.
BACKGROUND
The County selected Kittelson & Associates Inc. (KAI) as the consultant for the 2020-2040 TSP. The
County and KAI prepared the draft of the 2020-2040 TSP based on technical analysis, public
comments, and internal staff review. During the plan development process, KAI and County staff
from the Road Department and Planning Division have coordinated with Oregon Department of
Transportation (ODOT) and staff from other local jurisdictions. KAI and County staff reviewed a
proposal from the County Bicycle and Pedestrian Advisory Committee (BPAC) on future road
improvements and connectors. Additionally, KAI and the County held an on-line presentation from
April 27 to May 14, including an online public meeting on May 4, to solicit public comment. The on-
line presentation included technical memos on plans and policy reviews, goals and objectives, and
needs analyses of existing and future conditions.
The background materials were posted at the following link:
Deschutes County TSP Update (kaiproject.com)
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
t.11 (541) 388-6575 @ cddgdeschutes.org @ www.deschutes.org/cd
The full record including public and agency comments is included at the following project -specific
website: https://www.deschutescounty.gov/cd//cd/page/transportation-system-plan-update-2020-
2040-247-23-000507-pa-508-ta
II. PLANNING COMMISSION REVIEW
Staff held a June 22, 2023, work session' with the Planning Commission (PC) to provide an overview
of the updated TSP and the process to create it. The PC held a public hearingz on August 10, 2023,
on the draft 2020-2040 TSP. The PC closed the oral record and left the written record open until 4
p.m., August 24, 2023. Staff provided an update on record submittals during the August 24, 2023
Planning Commission meeting3. The PC held deliberations on October 12, 2023, ultimately making
a recommendation to the Board of County Commissioners (Board) to adopt the TSP document
including various amendments.
In anticipation of the Board's public hearing on November 29, 2023, notice was provided to the
Department of Land Conservation and Development (DLCD) on July 6, 2023 with a Notice of
Application sent to agency partners on July 21, 2023. Additionally, an initial Notice of Public
Hearing was published in the Bulletin newspaper on October 10, 2023 listing the public hearing
date as November 8, 2023. Due to scheduling conflicts, the public hearing date was moved to
November 29, 2023 and an amended Notice of Public Hearing was subsequently published in the
Bulletin newspaper outlining the new public hearing date and process.
III. PUBLIC TESTIMONY AND OPEN RECORD PERIOD
Overall, approximately 330 comments were received from both individuals and public agencies as
of the date of this memo. After the close of record on December 6, 2023 at 4:00 p.m., staff received
additional written comments from City of Bend and Bend MPO related to the TSP.
The main question before the Board is whether they would like to reopen the record associated
with the TSP update for the purpose of incorporating additional comments and materials, including
those of City of Bend and Bend MPO. If the Board elects to reopen the record, staff has prepared a
draft Board Order (attached) specifying a deadline of 4:00 p.m. on January 31, 2024 for new record
submittals. The Board is of course welcome to specify any time period they find necessary, again,
assuming that the Board elects to reopen the record.
IV. NEXT STEPS
Should the Board not elect to reopen the TSP record, no further action is required by the Board and
staff will next engage the Board in deliberations on January 24, 2024.
1 https://www.deschutes.org/bc-pc/page/planning-commission-30
2 https://www.deschutes.org/bc-pc/page/planning-commission-38
s https://www.deschutes.org/bc-pc/page/planning-commission-39
n https://www.deschutes.org/bc-pc/page/planning-commission-41
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Should the Board elect to reopen the TSP record, the Commissioners will need to work with Legal
Counsel and administrative staff to provide signature on the drafted Order (Order # 2024-003).
Following signature of the Board Order, staff will send published notice of the reopened record
period to the Bend Bulletin, update the project website accordingly, and send individual email
courtesy notice to individuals who have provided such contact information.
Eventually, the Board will hold deliberations on the proposed TSP. Ultimately, the Board will vote on
the proposal either adopting the plan as drafted, with amendments, or denying the plan.
V. CONCLUSION
Staff and Legal Counsel are prepared to answer any questions.
Attachments:
1. Draft Board Order 2024-003 - Reopening TSP Record
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