Chapter 4.7
TRANSPORTATION ANALYSIS

Sections:

4.7.100    Purpose.

4.7.200    Authority.

4.7.300    Process.

4.7.400    Transportation Facilities Report.

4.7.500    Transportation Impact Analysis.

4.7.600    Significant Impacts and Mitigation Measures.

4.7.700    Proportionate Share Contribution.

Prior legislation: Ord. NS-2016.

4.7.100 Purpose.

The City will review new development to ensure the transportation system provides for:

•    Consistency with the Bend Comprehensive Plan.

•    Orderly construction of the Bend Urban Area Transportation System Plan network of streets and walking, biking and transit facilities.

•    Safety and operations.

Therefore, the City requires applicants to complete an assessment of the transportation system within the study area of the development for adequacy to serve the new development and to assess the impacts of the development on the nearby transportation system. The City will use these assessments to ensure safety and operations of the transportation system are met for vehicle, biking, walking and transit and may impose reasonable conditions and mitigation requirements on development in proportion to its impacts. [Ord. NS-2271, 2016; Ord. NS-2263, 2016]

4.7.200 Authority.

The City Engineer may modify or waive the required information upon written request by the applicant if, in the City Engineer’s determination, the requested modification(s) or waiver(s) are consistent with the purpose and intent of this chapter. The written request must identify the special circumstances that apply to the particular situation and explain how this chapter’s purpose and intent are still fulfilled without the required information.

The City Engineer may expand the transportation study requirements and/or study area to address existing operational issues and/or any issue identified after the initial approval of a scope of work. [Ord. NS-2263, 2016]

4.7.300 Process.

A.    The following steps describe the process for assessing the transportation system:

Step 1. The applicant must prepare and submit a Transportation Facilities Report in accordance to BDC 4.7.400 containing the following information organized as follows:

a.    Description of the development;

b.    Trip generation;

c.    Transportation and parking demand management (TPDM) plan;

d.    Major intersections;

e.    Trip distribution;

f.    Transportation facilities evaluation.

Step 2. The City Engineer will review and evaluate the Transportation Facilities Report in accordance to BDC 4.7.400(D) to determine if a Transportation Impact Analysis is required. If a Transportation Impact Analysis is not required, the applicant may submit a development application including the Transportation Facilities Report. If a Transportation Impact Analysis is required, see Step 3. Step 1 and Step 3 may be combined.

Step 3. If required after Step 2 or if the applicant chooses do so concurrently with Step 1, the applicant must prepare and submit a Transportation Impact Analysis in accordance with BDC 4.7.500 containing the following information organized as follows:

a.    Study area;

b.    Study analysis years;

c.    Study time periods;

d.    Traffic counts;

e.    Future traffic forecasts;

f.    Operations analysis methodology;

g.    Arterial and collector left turn, median refuge, and right turn lane assessment;

h.    Safety review;

i.    Walking, biking and transit friendly developments;

j.    Proportionate share contribution.

Step 4. If no significant impacts are identified, the applicant may submit a development application including the Transportation Impact Analysis and may also have to pay a proportionate share contribution if required under BDC 4.7.700, Proportionate Share Contribution. Development with significant impacts will be required to propose mitigation in compliance with BDC 4.7.600, Significant Impacts and Mitigation Measures, as part of the development application and may also have to pay a proportionate share contribution if required under BDC 4.7.700, Proportionate Share Contribution. If mitigation measures have been determined for any significant impacts, then the applicant must include the Transportation Impact Analysis with the mitigation measures identified as part of a development application. [Ord. NS-2289, 2017; Ord. NS-2263, 2016]

4.7.400 Transportation Facilities Report.

A.    Applicability. A Transportation Facilities Report will be required when a development involves one or more of the following:

1.    Land division application;

2.    Site Plan Review application;

3.    Master Plan;

4.    Bend Comprehensive Plan map amendment;

5.    Other development proposals as determined by the City Engineer.

B.    Preparation. The Transportation Facilities Report must be prepared by a licensed Professional Engineer especially qualified in civil or traffic engineering by the State of Oregon. It is the responsibility of the Engineer to provide enough detailed information for the City Engineer to determine if a Transportation Impact Analysis is required.

C.    Contents of the Transportation Facilities Report.

1.    Description of the Development. Provide a description of the development sufficient to understand the proposed development’s size, uses, operations, and interaction with the transportation system. At a minimum, the description must include both qualitative and quantitative descriptions, such as scale of development, day-to-day operations, deliveries, staffing, customer base (visitors, patients, employees, students, etc.), peak hours of operation, and identification of site access and on-site circulation needs.

2.    Trip Generation. Provide a trip generation description for the proposal with the following applicable information:

a.    Trip Credits and Vested Trips. If trip credits are being utilized from the existing on-site development or from a separate development approval, the trip generation description shall provide supporting documentation of those trip credits, and documentation of the authority to use those trip credits for the development proposal.

b.    Base Trip Generation Rates. The City Engineer will determine which of the following to use for the base trip generation rates:

i.    Local data;

ii.    Average trip generation rates from the latest edition of the publication Trip Generation by the Institute of Transportation Engineers (ITE); or

iii.    Other method approved by the City.

The procedure for identifying local trip generation rates shall comply with the guidelines for “Conducting a Trip Generation Study” in the ITE Trip Generation document.

c.    Bend Comprehensive Plan Amendments. For Bend Comprehensive Plan amendment applications, the trip generation shall represent a reasonable build-out scenario supported through citation of nearby existing site trip generation rates and densities in order to ensure reasonable trip generation comparisons. If the Bend Comprehensive Plan amendment is accompanied by a concurrent Site Plan Review application, the trip generation for the site plan review application may be utilized instead. The amendment must comply with the Transportation Planning Rule, OAR 660-012-0060.

d.    Pass-by Trips. Adjustments for pass-by trips may be applied depending on the adjacent transportation facility and City Engineer approval. The published average pass-by rate will typically be allowed for those land use categories that are provided in the ITE Trip Generation publication. Pass-by trips must always be accounted for in the site access analyses and sufficiently documented. Pass-by trip maps must be created for each pass-by route separately rather than a single combined map.

e.    Site Internalization/Trip Sharing. Demonstrate how the site reduces vehicle trips through site design, including parking supply, land use mixes, and densities that promote reduced rates based upon those elements. City review of the proposal based on guidance from the state’s Transportation Planning Rule may result in trip generation reductions.

3.    Transportation and Parking Demand Management (TPDM) Plan. In compliance with BDC Chapter 4.5, Master Planning and Development Alternatives, institutional and employment master plans must develop a TPDM plan. All other development applications may choose to develop a TPDM plan. The proposed measures of the TPDM plan will be evaluated to determine trip generation reduction rates. See BDC Chapter 4.8, Transportation and Parking Demand Management (TPDM) Plan.

4.    Major Intersections. From each access point (driveway or street) of the development onto and along the transportation system for a distance of one mile, identify the major (collector and arterial) intersections on a map.

5.    Trip Distribution. Provide a trip distribution description and map that contains the following information:

a.    Trip distribution assignments that replicate overall origin/destination patterns, including the major intersections identified in subsection (C)(4) of this section. Existing field count turning movement patterns are to be used as a guide for trip assignments as appropriate. The assignment should be adjusted to reflect future funded transportation facilities, improvements or services that are authorized in the Transportation System Plan and for which funding is in the City’s approved Capital Improvements Program (CIP), the Statewide Transportation Improvement Program (STIP) or other approved funding plan.

b.    Description of truck delivery routes, including over-dimensional loads if applicable, of travel to and from the site for a distance of one mile. The distance may be extended to identify freight routes for freight-intensive sites or those that generate over-dimensional loads.

6.    Transportation Facilities Evaluation. The report must evaluate and document the following for compliance with this code, the Transportation System Plan and the City of Bend Standards and Specifications:

a.    The existing transportation system infrastructure serving the site within the study area. The evaluation must include any future funded transportation system elements included in the City’s approved five-year Capital Improvement Program, Statewide Transportation Improvement Program or other approved funding plan.

b.    The following right-of-way information along the frontage of the proposed development:

i.    Compliance with the required right-of-way width for the roadway classification.

ii.    Compliance with the required street widths.

iii.    Compliance with the required right-of-way or easement width for all trail and access corridors.

iv.    Compliance with the required street frontage elements including curbs, bike facilities, park strips, sidewalks, driveways and driveway aprons, as well as curb ramps. All applicable elements shall be accessible per the City of Bend Standards and Specifications.

c.    The following access information:

i.    Legal access and recorded easements for all driveway and access systems serving the site. For all driveways and new intersections created by the development, intersection sight distance measurements must be provided for all movements into and out of the proposed accesses. Field measurements should be used wherever possible, although plan measurements from civil drawings may be utilized, particularly for planned intersections or driveways. Measurements need to account for vertical and horizontal curvature, grades, landscaping, and right-of-way limitations. Sight distance measurements shall comply with City of Bend Standards and Specifications for the posted speed of the road or as approved by the City Engineer.

ii.    For arterial and collector street accesses and new street connections document the location of all existing driveways and street connecting points within 300 feet of the frontage of the property. Provide a driveway conflicting movement diagram and assessment showing overlapping conflicts with nearby existing driveways and street intersections.

d.    The following on-site circulation and/or street plan access information:

i.    The proposed street layout and determine if it matches the Transportation System Plan and if it matches into abutting and nearby approved development street layouts, abutting and nearby master plans or special planned areas and requirements of this code and provides for logical orderly development of adjoining properties.

ii.    Truck circulation and entry/egress assessment including routing, turning movement, and delivery needs for all truck and emergency service vehicles. Identify any proposed special truck accommodations for freight service.

iii.    Necessary public access, shared access, and shared parking easements are in place or will be required to be in place.

e.    The following existing and planned walking, biking and transit facilities and infrastructure serving the site from each access point (driveway or street) of the proposed development onto and along the transportation system for a distance of one-quarter mile:

i.    Location of all sidewalks, curb ramps, bike lanes, paths, crosswalks, pedestrian signal heads, push buttons, related signage, striping, and transit facilities along with pedestrian paths of travel between the transit facility and the site and to the buildings on the site.

ii.    Barriers, deficiencies and high-pedestrian demand land uses including schools, parks, parking, senior housing facilities, and transit facilities.

f.    Truck circulation and entry/egress including routing, turning movement, and delivery needs for all truck and emergency service vehicles. Identify any proposed special truck accommodations for freight service.

D.    City Review and Evaluation.

1.    If it is determined that any of the infrastructure or facilities are missing or substandard as identified in the Transportation Facilities Report, then the applicant will be required to comply with BDC Title 3, Design Standards, and with the City of Bend Standards and Specifications.

2.    Based on information provided in the Transportation Facilities Report, the City Engineer will notify the applicant in writing if the Report is complete, and if not, what additional evaluation information is required. If no additional information is needed, the City Engineer will notify the applicant whether a Transportation Impact Analysis is required. The City Engineer will determine if a Transportation Impact Analysis is required by considering the following criteria:

a.    Operations.

i.    Poor roadway configuration and/or alignment, or capacity deficiencies that are likely to be compounded as a result of the proposed development;

ii.    Proposed street design creates inadequate circulation and does not minimize cut-through traffic or accommodate orderly development of adjacent properties;

iii.    It is anticipated that the current or projected increase in trip generation of the roadway system in the vicinity of the proposed development will exceed the minimum operational criteria in BDC 4.7.500(B)(6); and

iv.    Potential improvements to accommodate freight.

b.    Safety.

i.    Existing safety issues;

ii.    Projected increase in trip generation that may have the potential to impact the safety of the existing transportation system; and

iii.    A traffic safety hazard is created or exacerbated on any street, roadway segment, or intersection within the study area as a direct result of the proposed development.

c.    Walking, Biking and Transit Facilities.

i.    Potential impacts to priority walking and biking routes, school routes, transit connectivity and multimodal street improvements identified in the Transportation System Plan;

ii.    Bike access to site has gaps and/or the bike lane is dropped, missing, or otherwise unusable; and

iii.    Identified transit facilities and/or their pedestrian paths of travel between the transit facility and the site and to the buildings on site are not complete and additional analysis may be required.

3.    In all instances, a Transportation Impact Analysis must be submitted for any proposed development that:

a.    Considers modification, installation, or removal of any traffic control device; or

b.    Forecasts net increase in site traffic volumes greater than 100 average daily vehicle trips or off-site major intersections are impacted by 15 or more peak-hour vehicle trips per lane group within one mile. [Ord. NS-2289, 2017; Ord. NS-2271, 2016; Ord. NS-2263, 2016]

4.7.500 Transportation Impact Analysis.

A.    Preparation. If the City Engineer determines that a Transportation Impact Analysis is required, it must be prepared by a licensed professional engineer especially qualified in traffic engineering by the state of Oregon. The applicant’s engineer shall consult with the City Engineer prior to preparing the Transportation Impact Analysis to determine the level of details to be included in the analysis.

B.    Contents of the Transportation Impact Analysis Report.

1.    Study Area. The study area must include all site access and adjacent roadways and intersections. The study area must also include all off-site major intersections impacted by 15 or more peak-hour vehicle trips per lane group within one mile of the site. The City Engineer must approve the defined study area prior to commencement of the Transportation Impact Analysis. The City Engineer may choose to waive the study of certain intersections if deemed unnecessary.

2.    Study Analysis Years. The analysis shall be performed for all study roadways and intersections for the following years with and without the proposed development:

a.    Existing conditions (current year);

b.    Year of completion of the final phase (for phased projects, intermediate phases may be required to be analyzed); and

c.    For an amendment to a functional plan, the Bend Comprehensive Plan, or a land use regulation the analysis year shall reflect the Transportation Planning Rule OAR 660-012-0060 requirements but in no case shall the analysis year be less than 10 years from the date of the preparation of the Transportation Impact Analysis. An analysis for an amendment to a functional plan, the Bend Comprehensive Plan or land use regulation must use the City of Bend’s model as determined by the City Engineer.

3.    Study Time Periods. Within each study year, an analysis must be performed for the following time periods:

a.    Weekday p.m. peak hour (i.e., one hour between 4:00 p.m. and 6:00 p.m.); and

b.    Additional time periods may be required based on City Engineer direction for the following:

i.    Peak hour of the generator (i.e., peak hour for the proposed development);

ii.    Peak hour of nearby generator sites (e.g., a non-school site may study a nearby school’s peak hour); and

iii.    Peak hour of cumulative nearby generators.

4.    Traffic Counts. Once the study periods have been determined traffic counts must be done as follows:

a.    Counts must be taken Tuesday through Thursday;

b.    Counts may need to be adjusted as required by the City Engineer to reflect seasonal, schools, or other variations in traffic;

c.    Unless approved by the City Engineer, counts must be no more than 12 months old from the date of development application submittal;

d.    Additional hours of classified turning movement counts may be required based on City Engineer direction for the following:

i.    To determine compliance with traffic signal or all-way stop warrants; or

ii.    To determine the extent of over-capacity conditions.

e.    Counts must include passenger cars, trucks, bikes and pedestrians. If high pedestrian and/or bike traffic is expected to be generated by the proposed development, as determined by the City Engineer, the Transportation Impact Analysis must consider improvements and connectivity to existing and proposed facilities.

5.    Future Traffic Forecasts.

a.    Traffic Forecast for Projects and Project Phasing.

i.    Traffic forecast shall include all projects within the study area that have received approvals for development (master plans, land divisions, site plans, conditional use permits, and similar approvals). They shall be identified, and their traffic generation included as cumulative traffic in the study. Proposed projects in the study area that have been submitted to the City for processing, but not yet approved, may also be included at the discretion of the City Engineer. The City Engineer will also specify an annual growth rate to be applied to existing volumes to account for other general traffic growth in and around the study area.

ii.    For phased developments, the traffic forecasts for the year of completion of each phase shall be calculated to be field counts plus traffic from projects within the study area that have received approvals for development (approved master plans, land divisions, site plans, conditional use permits, and similar approvals), plus an annual growth factor which would factor the existing counts up to the analysis year.

b.    Build-Out Studies for Bend Comprehensive Plan Amendments and Zone Changes.

i.    Traffic projections for build-out scenarios must utilize the current transportation model used by the City or other approved model as approved by the City Engineer. The applicant’s Engineer shall use the model projections post processed using NCHRP 255 as the basis for determining turning-movement volumes for the required intersection analysis. A manual assignment of the project traffic added to the build-out traffic may typically be used to determine total future traffic, as approved by the City Engineer.

6.    Operations Analysis Methodology.

a.    The operations analysis must include the following:

i.    Software inputs must utilize field conditions (e.g., measured field peak hour factor, saturation flow rates, lane utilization percentages, lane configurations, actual signal phasing and timing, and truck percentages). Other references and the City of Bend Standards and Specifications may be required to be utilized as approved by the City Engineer;

ii.    An operations analysis for roundabouts performed in conformance with the City’s Roundabout Operational Analysis Guidelines;

iii.    An operations analysis for traffic signal and stop controlled intersections performed in conformance with the most recent version of the Highway Capacity Manual (HCM), the City of Bend Standards and Specifications or other reference approved by the City Engineer;

iv.    Identify intersection operations in a table including volume to capacity ratios, delay, and queuing for critical movements as well as for the intersection as a whole including the following:

(A)    Delays for two-way and four-way stop controlled study intersections including delays for lane groups, approaches, and intersections as a whole;

(B)    Ninety-fifth percentile queue projected to block nearby critical system elements such as adjacent traffic signals, roundabouts, or at-grade rail crossings, or such that line of sight safety issues are identifiable; and

(C)    Volume to capacity ratio for any approach or for the intersection as a whole for signalized and roundabout controlled study intersections.

v.    Microsimulation modeling and analysis using a calibrated model for the transportation corridor as defined must be performed for interconnected traffic signals. Calibration must include field measured saturation flow rates, existing timing and phasing rotations, peak hour factors, available queue storage and queuing; and

b.    The operations analysis must use existing transportation system conditions (intersection control type and street roadway geometry). Committed funded transportation facilities may also be considered in the analyses. Committed funded transportation facilities means future funded transportation facilities, improvements or services that are authorized in a local transportation system plan and for which funding is in the approved Capital Improvements Program (CIP), the Statewide Transportation Improvement Program (STIP) or other approved funding plan.

c.    Operations Standards. The intersection analyses provided in the Transportation Impact Analysis will be evaluated for safety deficiencies and queuing deficiencies and compliance with this code, the Transportation Planning Rule, the Bend Urban Area Transportation System Plan, any applicable development agreements, and regional transportation system plans. Intersections under the jurisdiction of the Oregon Department of Transportation shall also be evaluated using the ODOT Analysis Procedures Manual for compliance with the Oregon Highway Plan. Intersections under the jurisdiction of Deschutes County that are outside the Urban Growth Boundary shall also be evaluated for compliance with Deschutes County Code. Intersections that do not comply with the criteria listed in those documents will be considered to have significant impacts for purposes of BDC 4.7.600.

d.    Projects are considered to have significant impacts on the arterial-collector system for purposes of BDC 4.7.600 as identified below:

i.    Two-Way Stop Control. Average delay for the critical lane group for approaches of an arterial or collector to another arterial or collector with greater than 100 peak hour trips is greater than or equal to 50 seconds during the peak hour;

ii.    All-Way Stop Control. Average delay for the collector to collector and higher order intersection as a whole is greater than or equal to 80 seconds during the peak hour;

iii.    If the ninety-fifth percentile queue exceeds the existing available storage or is projected to block nearby critical system elements such as adjacent traffic signals, roundabouts, or at-grade rail crossings, or such that line of sight safety issues are identifiable; or

iv.    For signalized and roundabout collector to collector and higher order intersections under the jurisdiction of the City, the volume-to-capacity ratio for the intersection as a whole is greater than or equal to 1.0 during the peak hour.

e.    Intersections under ODOT Jurisdiction.

i.    In addition to the City operations standards, intersections on ODOT facilities will also be required to comply with ODOT mobility targets. Coordination with ODOT is required in the study process.

7.    Arterial and Collector Left Turn, Median Refuge, and Right Turn Lane Assessment. Meeting the following criteria does not automatically require a pedestrian refuge or a turn lane to be installed. The City Engineer has the final determination during the review of proposed mitigation on the installation of a pedestrian refuge or a turn lane based on safety and operations of the system.

a.    A median refuge assessment and a left and right turn lane assessment on arterial and collector streets must include the following information:

i.    An assessment using Table 11 of the Safety Effects of Marked Versus Unmarked Crosswalks at Uncontrolled Locations Final Report and Recommended Guidelines (FHWA Publication Number HRT-04-100, September, 2005);

ii.    An assessment using the Left and Right Turn Lane Criteria in the ODOT Analysis Procedures Manual (APM); and

iii.    Provide the ninety-fifth percentile queue length for left, right and through turning vehicles.

b.    Projects are considered to have significant impacts for purposes of BDC 4.7.600 if Table 11 of the Safety Effects of Marked Versus Unmarked Crosswalks at Uncontrolled Locations Final Report and Recommended Guidelines identifies a candidate site(s) for the installation of a marked crosswalk or other needed pedestrian improvements at uncontrolled locations.

c.    If the proposed development meets the criteria in the APM or exceeds the ninety-fifth percentile queue length for left or right turning vehicles, then the City Engineer has the final determination whether it is a significant impact for purposes of BDC 4.7.600.

8.    Safety Review.

a.    For the study area or those locations required by the City Engineer, document and review crash data from the ODOT Crash Analysis and Reporting Section (ODOT-CARS). Crash data can be requested directly from ODOT or the Bend Urban Area Metropolitan Planning Organization. Crash data must provide a five-year history of ODOT reported crashes and must be presented in tabular and crash diagram form. Crash data must include the following information:

i.    Crash histories and a calculated crash rate;

ii.    Crash patterns (was there an identifiable pattern to the crashes), crash types, and crash patterns affecting proposed development trips; and

iii.    Whether any location within the study area is included within published safety studies, such as the Oregon Department of Transportation Safety Priority Index System lists, ODOT Safety Action Plan, or the City’s Arterial and Collector Multimodal Safety Study.

b.    Projects are considered to have significant impacts for purposes of BDC 4.7.600 if there is a crash pattern, one or more fatalities or severe injury crashes, one or more reported crashes per 1,000,000 entering vehicles, or if it is included within a published safety study.

9.    Walking, Biking and Transit Friendly Developments.

a.    Public and Private Schools (K-12), Colleges and Universities. Provide an analysis of walking, biking and transit facilities along and across arterial and collector roadways which accommodate safe, accessible and convenient access to and from the school. Elementary schools shall analyze the facilities within one mile of the school. All other schools, colleges and universities shall analyze the facilities within 1.5 miles of the school.

b.    All Other Uses. Provide an analysis of walking, biking and transit facilities, including street crossings and access ways, which accommodate safe, accessible and convenient access from within new residential areas, planned developments, shopping centers, and commercial districts and residential areas, parks, shopping centers and transit facilities within one-quarter of a mile of the development. Residential developments must also provide the analysis to elementary schools within one mile and all other schools, colleges and universities within 1.5 miles of the development.

c.    Projects are considered to have significant impacts for purposes of BDC 4.7.600 if:

i.    A project fails to provide accessible and safe pedestrian and bike connections (i.e., curb extensions, pedestrian refuges, striping and/or signage) to schools, residential areas, parks, shopping areas, transit facilities and adjacent streets; or

ii.    The project disrupts existing or planned biking or walking facilities or conflicts with the adopted Bend Urban Area Bicycle and Pedestrian System Plan.

10.    Proportionate Share Contribution. Provided proportionate share calculations in compliance with BDC 4.7.700, Proportionate Share Contribution. [Ord. NS-2271, 2016; Ord. NS-2263, 2016]

4.7.600 Significant Impacts and Mitigation Measures.

A.    Applicability. When significant impacts are identified as part of the Transportation Impact Analysis, mitigation measures must be included to address those impacts.

B.    Preparation. Prior to proposing mitigation, the applicant’s engineer shall consult with the City Engineer regarding potential mitigation options. The proposed mitigation and a concept-level drawing of the final intersection form must be prepared and submitted prior to a development application being deemed complete, unless approved otherwise by the City Engineer. Mitigation measures may be proposed by the applicant or recommended by ODOT or Deschutes County in circumstances where a state or county facility will be impacted by a proposed development. Deschutes County and/or ODOT must be consulted to determine if improvements proposed for their facilities comply with their standards and are supported by the respective agencies.

C.    Intersection Operation Standards. If the Transportation Impact Analysis shows that the operation standards at the intersection will be exceeded or if the intersection already exceeds the standards, the applicant will be required to provide mitigation measures in compliance with subsection (F) of this section impacts.

D.    Unique Situations.

1.    Development proposals within Master Planned Developments or Special Planned Areas, as described in BDC Chapter 4.5, Master Planning and Development Alternatives, where a Transportation Mitigation Plan has been approved, may exceed the operation standards at affected intersections as long as the proposed development is consistent with the approved Transportation Mitigation Plan.

2.    Widening to accommodate additional travel lanes will not be permitted in the following situations:

a.    Intersections and streets that are already constructed consistent with the Bend Urban Area Transportation System Plan (TSP) including streets identified by the TSP as “not being authorized for lane expansion”;

b.    Intersections and streets located within or directly adjoining the City’s Central Business District or historic district;

c.    Where no physical mitigation is available to improve intersection operations to the performance standard; or

d.    Where improvements may result in unacceptable tradeoffs to other modes of travel.

E.    Timing of Improvements.

1.    Unless a unique situation is identified in subsection (D) of this section, Unique Situations, mitigation shall be in place at the time of final platting of a land division, or at the time of final occupancy for commercial, industrial, institutional, mixed use, multi-family housing, triplex buildings and all other development. Mitigation for phased developments must be in place at the time specified in the approved decision.

Exception: Construction of emergency services access requirements may be needed earlier.

2.    Development proposals within Master Planned Developments or Special Planned Areas, as described in BDC Chapter 4.5, Master Planning and Development Alternatives, where a Transportation Mitigation Plan has been approved, shall refer to the Plan for the extent and timing of improvements.

F.    Mitigation Measures. Mitigation measures must consider all users and include all or a combination of the following mitigation measures as approved at the discretion of the City Engineer, to mitigate the impacts of the proposed development:

1.    Construct Transportation Mitigation.

a.    The intersection form will be determined through the City’s Intersection Form Evaluation Framework located in the City’s Roundabout Evaluation and Design Guidelines document.

b.    Mitigation must include the construction of the full intersection infrastructure and control required to bring the intersection into compliance with this code, the Bend Urban Area Transportation System Plan, and the City of Bend Standards and Specifications. Final intersection improvements, including type and geometry, will be determined by the City Engineer.

c.    Intersection improvements must improve corridor operations in terms of progression and reduced corridor delay, and must be shown to cause no significant adverse impact to the corridor during integrated corridor operations.

d.    Mitigation in the form of street widening must be constructed in conformance with the street classification of the Bend Urban Area Transportation System Plan and the cross-sections contained in this code or the City of Bend Standards and Specifications. As part of the development review process, the City Engineer may approve an alternate cross section if it meets operations standards.

e.    Intersection and street improvements must balance operations and safety for all modes of travel. Walking and biking accommodations must be considered as part of any improvement.

2.    Construct Interim Transportation Mitigation.

a.    Construct Interim Mitigations. Interim mitigation measures may include but are not limited to upgraded operations controls, interconnected signals, signage, striping, pedestrian refuge, etc.

b.    Improved signal timing and phasing may be achieved by installing the necessary communications and field equipment that would provide the increased capacity necessary to achieve the operation standards. For this to be acceptable as an interim measure, the applicant shall demonstrate through a field calibrated corridor operations model approved by the City Engineer that the proposed signal timing and phasing will provide the additional capacity necessary to meet the concurrency standards. Timing and phasing communications and field equipment are subject to approval of the City Engineer and/or ODOT.

3.    Transportation and Parking Demand Management (TPDM) Plan. Implement an approved TPDM plan in compliance with BDC 4.7.400(C)(3), Transportation and Parking Demand Management (TPDM) Plan, and BDC Chapter 4.8, Transportation and Parking Demand Management (TPDM) Plan.

4.    Walking, Biking and Transit. In addition to accommodating walking and biking as part of the intersection and street improvement mitigation, walking, biking and transit improvements may be considered as potential mitigation measures, particularly when they reduce the number of study area generated vehicle trips. Mitigation improvements may include accessible sidewalks, pedestrian refuges, bike lanes, curb extensions, traffic control devices, curb ramps, striping, signage and other elements. Negative impacts of intersection and street mitigation measures on walking and biking infrastructure, such as on crosswalks and roadway shoulders, must be avoided, minimized, and/or mitigated themselves. The City may require accessibility improvements, including compliant curb ramps along the proposed development and including safe and accessible paths of travel to and from the development, depending on the type and impacts of the development.

5.    Payment in Lieu of Construction. If infrastructure construction is required above, the City may elect to accept a payment in an amount equal to the cost estimated by the City for the design, right-of-way acquisition, utility relocation and construction cost of the improvements in lieu of actual construction. The City will use these funds on the impacted corridor to improve multi-modal safety, operations and to relieve congestion. Once the City accepts a payment in lieu of construction, the proposed development may proceed even if the impact of the proposed development causes the operation standards to be exceeded.

6.    Alternate Location Mitigation. Mitigation strategies at alternative locations or affecting alternative modes of travel may be proposed by the applicant and may be accepted by the City Engineer. At a minimum, the proposed improvements should meet the following criteria:

a.    The overall improvements proposed should be proportional to the impacts created by the application;

b.    The proposed improvement strategies must address a critical need or issue within the study area such as safety, connectivity, system capacity, and parallel routes;

c.    The locations proposed for improvement must be within the study area;

d.    The proposed improvements must not already be, or be in the process of being, a condition of approval of another development; and

e.    All applicable analysis requirements for the primary locations(s) shall apply to the analysis of the alternative location(s).

7.    Suspend the Mobility Standard. The City Manager may suspend the mobility standard for a particular intersection or series of intersections under the City’s jurisdiction when the intersection(s) may be in a condition that interim mitigation is not practical due to the large scale of the improvements or the City desires to maintain the current intersection’s form. In such cases, developments impacting the intersection(s) do not have to analyze or mitigate impacts on the intersection(s). The City Manager will issue a written statement providing the duration and reason for the suspension of the mobility standard, and will maintain a list of all intersections where the mobility standard has been suspended. Suspending the mobility standard is not a limited land use decision or a land use decision. [Ord. NS-2289, 2017; Ord. NS-2263, 2016]

4.7.700 Proportionate Share Contribution.

Each proposed development that submits a Transportation Impact Analysis will be required to contribute a proportionate share of the costs of the final improvements to the transportation system that will be required as a result of the cumulative impact that various developments combined will have on the intersections.

Developments must contribute their proportionate share or contribution for all intersections within the analysis area.

The City may use the proportionate share contributions for multi-modal improvements on the transportation corridor and surrounding system if the improvement project benefits safety and operations and helps to reduce congestion.

Proportionate share calculations must be submitted with the Transportation Impact Analysis. Proportionate share calculations are calculated based on the ratio of development trips to growth trips for the anticipated cost of the full Bend Urban Area Transportation System Plan intersection infrastructure. The formula is provided below:

Proportionate Share Contribution = [Net New Trips/﴾Planning Period Trips–Existing Trips)] x Estimated Construction Cost

Net new trips are the total entering trips that are proposed to be added to the analysis area intersection by the development.

Exception: Intersections within the analysis area that are included in the City’s Capital Improvement Plan or that are on the most current System Development Charge (SDC) fiscally constrained project list are exempt from proportionate share contribution. [Ord. NS-2263, 2016]