1997-24207-Ordinance No. 97-031 Recorded 7/3/1997r • -1
0162=1434
0'7
REVIEWED
F-A'1J
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON
r-, P. c7 "
i_ _ •A .� __- - -- —
An Ordinance Amending Growth Management .. _
Chapter, Rural Development Sections of the il ' *-
Deschutes County Comprehensive Plan to Add "*
Findings and Policies for the Tumalo Rural
Community, And Declaring an Emergency.
ORDINANCE NO. 97-031
WHEREAS, The Board of County Commissioners has determined that to comply with Periodic
Review and OAR 660-22, amendments to the Deschutes County Comprehensive Plan are required; and
WHEREAS, after notice and hearing as required by law, the Board of County Commissioners
has considered the recommendation of the Planning Commission, now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS As follows:
Section 1. DELETION OF THE PLAN TREATMENT OF TUMALO RURAL SERVICE CENTER The
findings, maps and policies for the Tumalo Rural Service Center in the rural development section of the
Plan, found on pages 59, 60 and 61 in the April 1993 codified version, attached hereto as Exhibit "A" are
hereby deleted.
Section 2. ADOPTION OF AMENDMENTS TO UNINCORPORATED COMMUNITIES DISCUSSION OF
DESCHUTES COUNTY COMPREIIENSIVE PLAN. The Unincorporated Communities section of the Rural
Development chapter of the Plan, as amended, is further amended to add findings, maps and policies for
the Tumalo Rural Community, as set forth in Exhibit "B" and by this reference incorporated herein.
Section 3. FINDINGS. Findings supporting the adoption of the amendments are attached hereto
as Exhibit "C", Staff Report - File No. TA97-4 and by this reference incorporated herein.
Section 4. CODIFICATION. Legal Counsel or the Code Book Review Committee shall have the
authority to format the provisions contained herein in a manner that will integrate them into County Code
consistent with the prescribed form and style for ordinance codification. Such codification shall include
the authority to make format changes, to make changes to numbering systems and to make such
numbering changes with interrelated code sections. In addition, as part of codification of these
ordinances, Legal Counsel or the Code Book Review Committee may insert appropriate legislative
history references. Any legislative history references included herein are not adopted as part of the
substance of this ordinance, but are included for administrative convenience and as a reference. They
may be changed to correct errors and to conform to proper style without action of the Board of County
Commissioners.
Section 5. CORRECTIONS. This ordinance may be corrected by order of the Board of County
Commissioners to cure editorial and clerical errors and to insert appropriate legislative history
references.
//"C;Z01WD 1997
PAGE 1 OF 2 - ORDINANCE NO. 97-031 (6/25/97) ,JUL 16 1997
f"
o162�1435
Section 6. REPEAL OF ORDINANCES AFFECTING EXISTING LIABILITIES. The repeal express or
implied, of any ordinance, ordinance provision, code section or any map or line on a map by this
ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability incurred
under such ordinance, unless a provision of this ordinance shall so expressly provide, and such ordinance
repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or
prosecution for the enforcement of such duty, condition, penalty, forfeiture, or liability, for the purpose
of authorizing the prosecution, conviction and punishment of the person or persons who violated the
repealed ordinance.
Section 7. SEVERABILITY. The provision of this ordinance are severable. If any section,
sentence, clause or phrase of this ordinance or any exhibit or any exhibit thereto is found to be invalid by
a court of competent jurisdiction that decisions shall not affect the validity of the remaining portions of
this ordinance.
Section 8. EMERGENCY. This ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and the this ordinance takes effect on
this passage.
Dated this o76 day of 1997.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
NANCYp.OVE SVILANGEN, Chair
T:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE No. 97-031 (6/25/97)
T L. NIPPER, Comz
SWEARINGEN, Commissioner
EXHIBIT-14A—
scale:
XHIBIT
scale: 1" - 1000'
TUMALO
..-,.....
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MEDIUM
RrSiD
DENSIT
NTIAL
u.
DEVEI OP.!IENT
LOW DENSITY
RESIDENTIAL
Deschutes County Comprehensive Plan
Page 59
Page 1 of 3 - "EXHIBIT A" of Ordinance No. 97-031
COMMERCIAL.
-� SURFACE MINING
- FLOOD PLAIN
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TUMALO
Tumalo has also experienced land use compatibility problems
because of the previous unrestrictive zoning. Because of
increasing residential development pressure resulting from
the community's proximity to Bend, and previous problems, the
Tumalo CAC recommended policies they believe will preserve
the existing character of the area while permitting
reasonable growth and change.
Community needs were identified as additional commercial
services, a plan for utilizing lands presently being mined,
improvements in the local transportation system, and
protection of the river and public lands for community uses
such as domestic water and recreation.
General agreement existed that most community services were
available to the community in an adequate supply. The only
major utility missing was a sewer system which was felt to be
consistent with the goal of keeping the community small and
rural.
POLICIES:
44. In order to maintain the existing rural character Tumalo
should not incorporate, no development which would
require a community -wide sewer system should be approved
and publicly owned land shall remain as open space.
45. The Tumalo commercial zones shall be as proposed on the
plan map and provide adequate commercial area for
community needs, while permitting tourists services on
Highway 20; however, adequate access control will be
provided (see Transportation chapter).
46. The higher density residential area shall be in close
proximity to the commercial area, while the lower
density (five -acre) lots will be on the fringes of the
community. The higher density area shall remain in the
bowl formed by the surrounding hills and cliffs.
47. To protect the scenic views from the community adequate
setbacks shall be required for homes built, along the
Tumalo rim.
48. Surface mining areas where the material has been
extracted shall be reclaimed and used for residential
uses, including mobile homes.
49. Temporary storage and permanent loading facilities for
surface mining materials and agricultural products shall
be so zoned when adequate public need exists.
Deschutes County Comprehensive Plan
Page 60
Page 2 of 3 - "EX11=3IT A" of Ordinance 'No. 97-031
Deschutes County Comprehensive Plan
Page 61
Page 3 of 3 - "EXHIBIT A" of Ordinance No. 97-031
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` 50.
The water ditch and its easement in Tumalo must be
of Tumalo's
protected for the health and safety
residents.
51.
Hazardous areas, such as the 100 -year flood plain, shall
as and
be protected from development. Uses such parks
and if necessary the
open space shall be encouraged
County may purchase the land to keep it open.
52.
Public access to the river at such places as where the
well
Tumalo Deschutes Market Road crosses the river, as
as other places, shall be preserved.
53.
The State should consider a turning lane on Highway 20
existing safety
for access to Tumalo, so as to reduce an
hazard.
54.
Because of the present and likely increased future need,
Tumalo State Park
a bike path should be constructed from
to Tumalo School.
Deschutes County Comprehensive Plan
Page 61
Page 3 of 3 - "EXHIBIT A" of Ordinance No. 97-031
EXHIBIT "B" 0162;`-109
a�
Tumalo Rural Community
A. General
1. Background
a. Historical Background
Tumalo is located in northcentral portion of Deschutes County, less than 3 miles northwest of the
city limits of Bend. Situated at an altitude of approximately 3,200 feet, the community of
Tumalo lies in the middle portion of the Upper Deschutes River Basin (river mile 157). The
commercial core of Tumalo lies on the alluvial bowl bounded by the Laidlaw Butte on the west
and the bluff of the Deschutes River canyon on the east. The Deschutes river bisects the
community.
Originally named Laidlaw, Tumalo was platted by the Laidlaw Townsite Company in 1904.
The development of Tumalo began in 1899 with incorporation of the Three Sisters Irrigation
Company. Under the Carey Act, they made plans to divert water from Tumalo Creek and the
Deschutes River in order to irrigate 60,000 plus acres of desert land. Town founder, A.W.
Laidlaw of Portland, and his investors believed that Tumalo would become the heart of Central
Oregon. There was reason to be optimistic due to the fact the railroad was coming north up the
Deschutes River Canyon, which would undoubtedly follow the river into their newly platted
town, and the proposed railroad to be built up the North Santiam River and across the mountains
would surely guarantee the town's success. Neither of these projects came to fruition.
Out of nearly 900 lots platted, a third were sold by 1907. In those early days, Tumalo had a
weekly newspaper, a barber shop, a two story hotel, two lawyer offices, a wallpaper company, a
bakery, two feed stores and a bank, for example. As the town grew, it became its own voting
precinct with 65 registered voters to Bend's 66 voters in 1906. By 1909, Laidlaw, being called
Tumalo on occasion, still had hopes of being the junction of the two railroads, the new
"metropolis" of Central Oregon. However, at the time the Columbia Southern Railroad still
ended in Shaniko, and the Corvallis and Eastern rails were still stalled at the foothills on the
western side of the Cascades, where they had been for approximately 15 years. With the
announcement that the railroad was coming to Bend not Laidlaw, Bend had moved ahead in
population by 1910. As a result, the population in Laidlaw decreased to 250 people and many
businesses moved to Bend.
The small town was known as Laidlaw for only six years when the Laidlaw post office was
closed in 1913. The post office eventually reopened in 1923 as the Tumalo post office and thus
the name of the town was forever changed.
b. Population and Growth
The population for Tumalo has been extrapolated from four sources: the 1990 Census, the
Deschutes County Unincorporated Land Use Inventory (October 1995), and the
ResidentialNacant Lands map generated by the Deschutes County GIS data. The fourth source is
a refinement of the 1995 Land Use Inventory projection for Tumalo contained in the Deschutes
County Non -Urban Population Capacity Projection (November 8, 1996).
PAGE 1 OF 22 - EXHIBIT `B " TO ORDINANCE NO. 97- 031 (6/25/97)
EXHIBIT "B"
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In review of the 1990 US Census for Tumalo area totaled approximately 325 persons. Historical
population data for Tumalo have not been collected. However, the Tumalo Elementary School
has experienced an influx of younger couples with children replacing retirees who have moved
out of the area. The Tumalo elementary school has approximately 301 students at the present
time with a capacity of approximately 400 serving grades K through 5th. According to the
Deschutes County Land Use Inventory (October 1995) Tumalo had 155 developed lots. Using
1990 Census data of 2.54 persons per household, the population figure would be 393. Again,
this does not take into account percentages of retirement population and second homes in the
Tumalo area. According to the GIS Parcel basemap (Assessors data) the developed lots in
Tumalo equal 172. Using the 1990 Census figure of 2.54 persons per household, this population
figure is approximately 436.
The rate of future population growth in Tumalo is difficult to estimate because growth is limited
due to the substandard platted lots of the Laidlaw Platt as well as the difficulty in extrapolating
data for the specific boundary of Tumalo. Deschutes County projects a county -wide growth rate
of 4.5 percent until the year 2000. Recent estimates for all unincorporated areas of Deschutes
County (excluding unincorporated urban growth boundary lands of Sisters, Redmond and Bend)
indicate a growth rate of 4.8% annual growth between 1990-1995.
c. Periodic Review
In the fall of 1994, the Land Conservation and Development Commission adopted a new
administrative rule, OAR 660.22, Unincorporated Communities. As part of 1996-97 periodic
review, the County updated the Comprehensive Plan and implementing regulations for Tumalo
to comply with the rule.
d. "Rural Community" Defined
Under OAR 660, Division 22, Unincorporated Communities, Tumalo meets the definition of a
"Rural Community." Subsection OAR 660.22.010(6) defines "Rural Community" as
"an unincorporated community which consists primarily of residential uses but
also has at least two other land uses that provide commercial, industrial, or
public uses (including but not limited to schools, churches, grange halls, post
offices) to the community, the surrounding rural area, or to persons traveling
through the area."
Tumalo meets the definition of a Rural Community because it is primarily a residential
community, which also has a school, church, and a handful of local businesses that serve the
community, the surrounding rural area or persons traveling through the area. The comprehensive
plan designates Tumalo as a Rural Community and provides for its growth and development
accordingly.
e. Tumalo Rural Community boundary
The 1979 Deschutes County Comprehensive Plan designated Tumalo a Rural Service Center, a
Goal 3 and 4 exception area, consisting of 491 acres and 288 tax lots. The 1979 Tumalo Rural
Service Center boundary included the Laidlaw Plat, the southeast flank of Laidlaw Butte north of
Bailey Road, the area east of the Deschutes River on the north and south sides of Tumalo Road,
PAGE 2 OF 22 - EXHIBIT `B " TO ORDINANCE No. 97- 031 (6/25/97)
EXHIBIT "B" 0162-1441
six lots of the Winston Ranch subdivision on the east bluff of the Deschutes River canyon and
seven parcels located north of Putnam Lane.
During the 1997 update, the Tumalo Rural Community boundary has been amended in the
following ways to include 504.11 acres and 321 tax lots (See Map A).
1. A parcel comprising ten acres was the subject of a zone change, plan amendment and
minor partition in 1980, File #ZC-PA/80-1. This parcel is located approximately %4 mile
north of the existing boundary on the between Cline Falls Highway and the west bank of
the Deschutes River. The plan designation for this area was changed from Rural Service
Center to Rural Residential Exception Area.
2. An area consisting of 33 lots of the Deschutes River Homesites subdivision was
changed from a plan designation of Rural Residential Exception Area to Rural
Community- Residential 5 acre. In addition, the strip of land that is located between
Cline Falls Highway and the Deschutes River that links the previous Tumalo Rural
Community boundary to the lots adjacent to Beaver Lane are included within the
boundary and designated Residential 5 acre.
3. One tax lot north of Putnam Lane on the west side of Hopper Road which comprises
the northern lot of the Rockwood Subdivision not included with the other seven lots that
are located within the boundary. The plan designation for this area has been changed
from Rural Residential Exception Area to Residential 5 acre.
4. The boundary has been refined to coincide with parcel lines along the east rim of the
Deschutes River canyon and along the east channel of the Deschutes River. The plan
designation for these adjustments have been changed from Residential 5 acre to Rural
Residential Exception Area and Agriculture. The south boundary has been refined to
coincide with the southern extension of the TuRS and TuR zoning designations in the
area of designated Floodplain.
PAGE 3 of 22 - EXHIBIT "B " To ORDINANCE No. 97- 031 (6/25/97)
0162-1442
Map A: Tumalo Rural Community Boundary
EXHIBIT "B" 0162-1443
B. Land Use Planning
1. Existing Land Uses
The predominant land use in Tumalo is single-family residences. Commercial land uses include
a market, restaurants, real estate offices, a small commercial/retail complex, and various other
small-scale retail businesses located in the core of the community along Cook Avenue. There is
a fire station, an irrigation district office, a church and an elementary school.
Land bordering Tumalo is zoned Exclusive Farm Use (EFUTRB) Tumalo/Redmond/Bend
Subzone, Multiple Use Agriculture (MUA 10 - 10 acre minimum lot size), Floodplain (FP) and
Surface Mine (SM). The Deschutes County Comprehensive Plan designates EFU land for
Agriculture uses and MUA10 and RR10 land for Rural Residential uses. The EFU land
surrounding Tumalo is employed in large -lot, irrigated agricultural uses, whereas the MUA 10
land is parcelized and developed with rural residences and small-scale agricultural uses.
A land use inventory using the County Assessor's data (GIS parcel basemap) is shown in Table
B.
Table B: Land Use Inventory - Tumalo Rural Community
Assessors
Total
Developed >
Vacant
Property Class
Tax Lots
Tax Lots
Tag Lots
RD
>
1
1
Misciellaneous
15
2
13
Commercial
63
26
37
Industrial
1
1
0
TraCtr
181
138
43
Exempt
28
5
23
Total Tax Lots
288
172
116
Z<ouixtg District
Torr tal'
Developed
Vacant
Tax Lots
Tax Lots
Tax Lots
RD
2
1
1
RSC
48
32
16
RSRM
190
113
77
RSR5
48
26
22
Total Tai€ Lots
288
172
116
Source: Deschutes County Assessors Database, March 19, 1997 &
Deschutes County PW GIS Parcel Basemap, March 19, 1996
2. Comprehensive Plan Designations
The 1997 Deschutes County Comprehensive Plan for the Tumalo Rural Community has the
following five comprehensive plan designations (See Map B).
PAGE 5 OF 22 - EXHIBIT `B " TO ORDINANCE NO. 97- 031 (6/25/97)
EXHIBIT "B"
0162=-1444
1) Residential District. At the time of adoption, the boundary of the Residential district
coincided with the boundary of the old Laidlaw Plat including the Deschutes River
Homesites plat between Riverview Avenue and the Deschutes River. It also includes the
area surrounding the Bend Aggregate site south of Highway 20. It is intended to
accommodate higher density residential uses
2) Residential 5 Acre District. The lands designated Residential -5 acre minimum included
the larger parcels of land to the east across the Deschutes River and to the west on the
slope of Laidlaw Butte. This plan designation is intended to remain in large parcels to
maintain the rural character of the community.
3) Commercial District . In general, the Commercial plan designation extends north from
the intersection of Cook Avenue and Highway 20 to 3rd Street between Wood and
Wharton Avenues. The Commercial lands also comprises a portion of land west of
Highway 20 between 5th and 8th Streets. The commercial plan designation was
intended to accommodate a mixture of small scale commercial and limited industrial
uses that serve the rural community of Tumalo. The core commercial area was intended
to focus on the area adjacent to Cook Avenue north of Highway 20.
The Commercial Land designation was expanded to accommodate a section of land
between Cook Avenue and Wharton Avenue that extends south to Highway 20. This
area includes the "Tumalo Mall", an existing commercial/retail complex. The use of
this building has been authorized as a nonconforming use (1986), and subsequent site
plan alteration in 1987/88. The purpose of the commercial lands expanding to include
this parcel is to bring the uses specified in the previous land use decisions into
compliance with the uses allowed in the commercial zone. This complex contains one
existing business which occupies 2/3 of the building.
4) Research Development District (RD) This plan designation contains two parcels in one
ownership located on the southeast slope of Laidlaw Butte to the west of Tumalo. This
plan designation was originally created to accommodate a research and development site
and its associated uses that predated the county 1979 zoning ordinance that would be
compatible with the rural character of the area.
5) Floodplain District (FP) This plan designation contains the previous Floodplain
designation that follows the channel of the Deschutes River that bisects the Tumalo
Rural Community. The Floodplain Zone is identified by the Federal Insurance
Administration as areas of special flood hazard in the report entitled "The Flood
Insurance Study for Deschutes County, Oregon and Incorporated Areas", dated August
16, 1988.
PAGE 6 OF 22 - EXHIBIT "B " TO ORDINANCE NO. 97- 031 (6/25/97)
EXHIBIT "B" 0162-1446
3. Land Use Policies
a. General Land Use Policies
1) Land use regulations shall conform to the requirements of OAR 660 Division 22 or any
successor.
2) County plans and land use regulations shall ensure that new uses authorized within the
Tumalo Rural Community do not adversely affect agricultural uses in the surrounding
exclusive farm use zones. Zoning regulations shall require any new structure on land
contiguous to EFU-zoned land which is receiving special assessment for farm use to be
set back 100 feet from the common property line.
3) To protect scenic views visible from the community, adequate setbacks shall be required
for homes built along the rim forming the Deschutes River Canyon and Laidlaw Butte.
4) Uses such as parks and open space shall be encouraged, and where feasible, the County
should acquire those lands as open space.
5) Public access to the river shall be preserved.
6) Publicly owned lands along the river should remain as open space.
7) The County shall encourage the preservation of historical structures such as the Laidlaw
Bank and Trust (1910), and the Tumalo Community Church (1907).
b. Residential District Policies
1) Areas designated residential on the comprehensive plan map shall be designated a
corresponding residential district on the zoning map.
2) Lands designated Residential shall be in proximity to the commercial area, while the lands
designated Residential 5 acre will be on the perimeter of the community. The higher
density lands designated Residential shall remain in the bowl formed by the Deschutes
River canyon.
3) Livestock shall be permitted in the residential districts subject to use limitations.
4) The County shall plan and zone for a diversity of housing types and densities suited to
the capacity of the land to accommodate water and sewage requirements.
c. Commercial District Policies
1) Allow small-scale commercial uses in conformance with the requirements of OAR
Chapter 660, Division 22, and larger more intense commercial uses if they are intended
to serve the community, the surrounding rural area and the travel needs of people
passing through the area.
PAGE 8 OF 22 - EXHIBIT `B " TO ORDINANCE No. 97- 031 (6/25/97)
EXHIBIT °B" 0162-1447
2) Allow small-scale industrial uses in conformance with the requirements of OAR Chapter
660, Division 22.
3) Where there is a choice to use a road other than Highway 20 for access, access shall not
be taken from Highway 20..
4) Design standards in the commercial district should encourage new development that is
compatible with the rural character of the community and to reduce negative impacts on
adjacent residential districts.
5) Livestock shall not be permitted in the commercial districts.
6) No additional lands shall be designated Commercial shall until the next periodic review.
7) Residential uses or residences in conjunction with uses listed in the commercial districts
shall be allowed, but they are not intended to predominate or set development standards
for others uses in the commercial district.
8) Approval standards for conditional uses in the commercial district shall take into account
the impact of the proposed use on the nearby residential and commercial uses and on the
capacity of the transportation and other public facilities and services to serve the
proposed use.
9) Replatting for residential purposes shall not be allowed in the commercial district.
C. Public Facility Planning
1. Special Districts:
Tumalo Rural Community is served by the following special districts.
• Laidlaw Water District
• Deschutes County Rural Fire Protection District #2,
• Redmond School District #2J, and
• Tumalo Irrigation District.
• Tumalo Town Ditch
a. Water
The area previously identified as the Tumalo Rural Service Center (RSC) has two water sources.
The Laidlaw Water District serving the area identified as the old Laidlaw Plat, and the area
described as T16S R12E section 29 (W1/2 SWI/4), section 30 (E1/2 SW 1/4), (SW 1/4 SE 1/4),
section 31(NE 1/4, N1/2 SE 1/4).
The Tumalo Town Ditch is the original source of water which has water rights dating back to
1924 and 1938. The system consists of 3 miles of ditch that begins near the bridge at Tumalo
PAGE 9 OF 22 - EXHIBIT "B " TO ORDINANCE NO. 97- 031 (6/25/97)
EXHIBIT "B"
0162-1448
State Park, and runs along the river as a ditch crossing Bailey Road at the Tumalo Feed
Company Restaurant, continues under Highway 20 to the commercial district of the Tumalo
community. The Tumalo Town ditch is used for irrigation purposes only, serving approximately
35 customers.
During the 1997 plan update, the Oregon Department of Water Resources commented that there
is an abundant supply of potable water in multiple water bearing zones based upon a report
prepared by a geologist for the Oregon Department of Geology and Mineral Industries, "Geology
and Mineral Resources Map of the Tumalo Dam Quadrangle". Limitations are imposed by the
lack of capacity of domestic pumps and not the capacity of the aquifer. The department has not
identified Tumalo Rural Community as a groundwater limited or groundwater critical area. The
Laidlaw Domestic Water District currently depends on two groundwater wells. The District's
groundwater source does not exceed current EPA maximum contaminant limits. No treatment is
performed; none has been required by the state Health Division. A proposed EPA groundwater
disinfection rule would require continuous disinfection of the water supply. The area in the
Tumalo Rural Community that is outside the District's boundary relies on individual wells for
drinking water. The Water Resources Department routinely approves new groundwater wells in
this area of the Tumalo Rural Community.
b. Sewer
Tumalo does not have a community sewer system or a sewer facility plan. Land uses in the
Tumalo Rural Community rely on on-site sewage disposal systems of all ages and descriptions,
ranging from newer sand -filter systems to old drainfields In some cases on-site systems are
insufficient for current needs. According to the Environmental Health Division, past experience
has indicated most of the soils in the area would fall under the category of rapidly draining soils.
Based upon the most restrictive parameter onsite administrative rules would require a minimum
lot size of one-half acre per single-family dwelling. This standard is based upon a projected
sewage rate not to exceed 450 gallons per day. This is termed the loading rate pursuant to OAR
340-71-290(3)(c) and 340-71-275(3). Because of the alluvial soil profile (rapidly draining soils)
a standard septic system is not feasible on smaller lots. It is often necessary to install a relatively
expensive sand -filter system in order to obtain development permits for new development or for
alterations to existing development. There are a few tax lots that cannot be developed or
redeveloped, because they are too small to accommodate any approved on-site sewage disposal
system.
The County plan and zoning regulations restrict the type and intensity of allowed uses to those
which can be served by a DEQ approved on-site sewage disposal systems. The County does not
allow uses or densities that cannot obtain approval for an DEQ approved on-site system. In
addition, County zoning regulations set minimum lot sizes to ensure the on-site systems do not
exceed the capacity of the land. Accordingly, the Environmental Health Division has stated that
the minimum loading rates are addressed in the DEQ on-site rules and the minimum lot size
requirements in the zoning ordinance. Due to these provisions, a public facility plan is not
necessary.
PAGE 10 OF 22 - EXHIBIT `B " TO ORDINANCE NO. 97- 031 (6/25/97)
0162-1449
Mao C: Laidlaw Water District
EXHIBIT "B" 0161
450
c. Other
During the 1997 update, the community expressed strong support for retaining the existing fire
station in the rural community of Tumalo. The Planning Commission recommended a policy
encouraging the continued presence of a fire station in Tumalo. However, the Board of County
Commissioners understands that such a specifiic policy would be beyond its jurisdiction and
control. The Board has addressed the community's concerns about fire protection in Tumalo by
adopting a more general policy statment. Inclusion of this policy statement in the county's
comprehensive plan should not be misconstrued as an endorsement for or against a fire station in
the community but a mere finding that at this point in time, a large number of Tumalo residents
believe that a fire station presence is necessary.
2. Public Facility Policies
a. General Public Facility Planning Policies
1) Residential minimum lot sizes shall be determined by the capacity of the land to
accommodate available water and sewer facilities, in order to protect and promote public
health and safety and to provide the efficient public facilities and services,
2) The County shall encourage quality fire protection in the rural community of Tumalo.
3) The County shall encourage early planning and acquisition of sites needed for public
facilities (e.g. school, roads, water supply facility).
4) The County shall encourage all development within the Laidlaw Water District to connect
to the system.
5) The County shall support replatting of lots in the area comprising the Laidlaw Plat and
outside the lands designated commercial to create lots large enough to accommodate a DEQ
approved on-site sewage disposal system.
6) The County shall support the protection of the Tumalo Town Ditch easement and its
distribution system.
7) The County shall support the development and management of the domestic water system
for the Tumalo community so that cumulative development will not result in public health
hazards of adverse environmental impacts that violate state or federal water quality
regulations.
PAGE 12 of 22 - EXHIBIT "B " To ORDINANCE No. 97- 031 (6/25/97)
� 1
EXHIBIT `B" 0162-1451
D. Transportation Planning
Background - Transportation in Tumalo
The Transportation plan addresses the transportation concerns of the Tumalo community. The
plan meets the requirements of the state Transportation Planning Rule - OAR Chapter 660,
Division 12, by designating a network of local roads, sidewalks and bikeways with associated
road development standards.
a. Community Transportation Goals
The livability of the Tumalo community depends on the ability of the transportation network to
provide safe and convenient access in the residential and commercial areas and to the Tumalo
elementary school. The community reached consensus on the following transportation goals:
• Improve the access from Cook Avenue to and across Highway 20
• Reduce truck traffic through the community
• Provide safe pedestrian walkways in the commercial core and to the school
• Provide road standards that are practical and cost effective to construct and maintain
• Provide shoulders on county roads
b. Community Profile
Tumalo is a rural community near Bend with a mix of residential, commercial, and nearby
employment, including gravel quarries and a high-tech research company. It functions as a
bedroom community for Bend. Historical population data have not been compiled. The 1990
US Census for the Tumalo area totals approximately 325 persons. County Assessor's data show
172 dwellings within the Tumalo community boundary. According to the Deschutes County
Land Use Inventory (October 1995) Tumalo had 155 lots. Using the 1990 Census data of 2.54
persons per household, the population figure ranges from approximately 393 to 436. According
to the Redmond School District, the Tumalo Elementary School has experienced an influx of
younger children in recent years. Although figures indicating the demographic mix for the
Tumalo area are not available, the population appears to be a mix of families and retirees, with
an average or above number of children (nondrivers).
c. Collision Data
There were 38 reported collisions on Highway 20 near Tumalo during the 10 -year period from
1986 to 1995. There were 42 injuries and 1 fatality. Of the 38 crashes, 17 occurred at
intersections, with seven at Cook Avenue and eight at 7th Street. The majority of crashes (27)
were during daylight. Eight incidents involved a wet surface and 10 involved trucks; no
pedestrians or bicyclists were involved. These numbers place this segment of Highway 20 below
the state average for accident rate.
d. Constraints on the Transportation System
1) Topographic Features:
PAGE 13 of 22 - EXHIBIT `B " To ORDINANCE No. 97- 031 (6/25/97)
EXHIBIT "B" 0162-1452
Tumalo is located on the valley floor of the Deschutes River canyon, bounded by rimrock on
the west and east. Laidlaw Butte forms the other significant topographic feature to the west
of Tumalo. The rimrock and river limit the opportunities for a network of continuous streets.
2) Transportation Features:
Highway 20 runs north-northwest through Tumalo and limits east -west street connections.
There are 3 accesses to the highway: 5th Street, 7th Street/Bailey Road, and Cook
Avenue/O.B. Riley Road.
Pavement runoff is handled by direct absorption into the soil since there is no community
stormdrain or sewer system. This affects street design, especially the use of curbs, paved
surfaces, and landscaping. Special attention must be given to drainage needs and runoff into
the Deschutes River.
2. Inventory of Existing Transportation Facilities
This section contains an inventory of the existing public roads and pedestrian and bicycle
facilities in Tumalo. These data were gathered primarily from the County Department of Public
Works database supplemented by site visits and aerial photographs.
a. Roads
The essential component of the region's transportation system is U.S. Highway 20 which runs
diagonally through the community. Highway 20 has three lanes, a travel lane in each direction
and a continuous two-way center left -turn lane. The traffic count at the intersection of Highway
20 and Cook Avenue in 1996 was 7600 average daily traffic (ADT). The posted speed on
Highway 20 through Tumalo is 55 mph. Intrastate truck traffic and local truck traffic serving
nearby mining operations comprise a significant percentage of the traffic mix.
O.B. Riley Road, which is outside the community boundary, is a rural arterial which intersects
Highway 20 from the south directly across from Cook Avenue. This road bisects the gravel
mining operation that abuts Highway 20.
County collector roads include Bailey, Cline Falls, Cook, and Tumalo which all intersect
Highway 20 in the central portion of Tumalo. Cline Falls feeds into Tumalo from the north,
Tumalo Road from the east, and Bailey Road feeds into the community from the south. There
are approximately 4.7 miles of roads in Tumalo.
Table D 1 (Inventory of Existing Roads), is organized by functional classification, road name and
aplhabetical order. The available (ADT) counts provided by the county and state are listed..
PAGE 14 OF 22 - EXHmIT `B " TO ORDINANCE NO. 97- 031 (6/25/97)
EXHIBIT `B" 0162%-1453
Table DI: Existing Roads by Functional Classification (source: Deschutes County Public
Works, Traffic County Summary 1980 - 1996, June 1996)
Road Names From To Length Classification Width ADT
(speed) (miles) (feet)
US Hwy 20
north URC
south URC
1.04
Highway
48
7600
55 mph
Hwy
Bailey Rd.
west URC
Hwy 20
.352
Collector
22
1239
35 mph
Hwy
Cook Ave.
Cline Falls
Hwy 20
.373
Collector
24
4774
Hwy
Rd.
Cline Falls
north URC
Cook Ave.
.160
Collector
24
3478
Hwy
35 mph
Wood Ave.
,023
Local
20
---
Tumalo
Cline Falls
URC
1.13
Collector
24
2250
Road
Hwy
Wharton
.180
Local
24
---
2nd St.
Wood Ave.
Cline Falls
.151
Local
20
---
25 mph
Hwy
4th St.
Wood Ave.
Cline Falls
.100
Local
---
---
25 mph
Hwy
4th St.
Cline Falls
Wharton
.066
Local
24
---
Hwy
Rd.
25 mph
5th St.
Hwy 20
Wood Ave.
,023
Local
20
---
25 mph
5th St.
Wood Ave.
Wharton
.180
Local
24
---
25 mph
Rd.
7th St
Hwy 20
Wharton
.140
Local
21
---
25 mph
Rd.
7th St.
Wharton
Riverview
.023
Local
---
---
Rd.
Ave.
25 mph
8th St.
Cook Ave.
Riverview
.088
Local
24
---
25 mph
Ave.
Bruce Ave.
4th St.
7th St.
.210
Local
22
---
25 mph
Cook Ave
north end
2nd St.
.070
Local
---
35 mph
Cook Ave.
2nd St.
Cline Falls
.095
Local
20
---
35 mph
Hwy
Riverview
north end
8th St.
.110
Local
---
---
Ave.
25 mph
Riverview
8th St
south end
.150
Local
18
---
Ave
25 mph
Wharton
4th St.
8th St.
272
Local
24
---
Rd.
25 mph
* URC - denotes unincorporated rural community boundary
PAGE 15 OF 22 - EXHIBIT `B " TO ORDINANCE No. 97- 031 (6125197)
. . Map D1: Inventory of Existing Roads
LEGEND
Paved Road
Unpaved Road
Private Road - - - - - -
River — -- — --
Rimrock
Building
Community Boundary
Tumalo
Rural Community
Hif
0 250 500 750 1000
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2nd St.'
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4th St.
5th
70 St
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-—--—------ —--—------
fine
8th St
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lit
-—--—------ —--—------
fine
8th St
ElM Ln'
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M
EXHIBIT "B" 0162-1455
The public roads in Tumalo (see Map D 1) range in pavement width from 20 feet to 24 feet.
Some streets (e.g., Riverview Ave.) are in poor condition ( i.e. cracking and pot holes). Most
unpaved roads need grading and a fresh layer of gravel.
b. Pedestrian Facilities
There are no sidewalks or trails in Tumalo. The bridge on Tumalo Road has a walkway on its
north side. There are two designated crosswalks, one on Cline Falls Road on the north side of the
Tumalo Road intersection and the other on Cook Avenue on the north side of the 4th Street
intersection. Cline Falls Road is signed for 20 mph if children are present because of the nearby
elementary school (the normal speed limit is 35 mph). All other pedestrian travel is on roadways
with narrow or no shoulders.
Except for the school grounds, Tumalo lacks public space such as a park, square or commons to
which pedestrians could be attracted. There is undeveloped public access to the river from
Tumalo Road. The primary trip attractors are the school, a church and the small commercial area
(gas station, market, and restaurant). There is also a restaurant on the west side of Highway 20.
c. Bicycle Facilities
Highway 20 has a four -foot paved shoulder bikeway. All other bicycle travel is on shared
roadways. Cline Falls Road and Cook Avenue are popular recreational routes. There are bicycle
racks at the school.
3. Future Transportation Needs
A rural community such as Tumalo, located on a major highway, requires a transportation
network that can accommodate local, commuter, regional, and interstate traffic without
detracting from the community's livability and rural character. Accomplishing this goal requires
integrated street, bicycle and pedestrian networks, appropriate street standards, and safe access to
the Highway 20 corridor.
The Tumalo transportation plan is based on conventional road functional classifications; or:
arterial, collector and local roads. It establishes the roles and development standards appropriate
to each type or road. The design of arterial and collector roads gives priority to through traffic
over access to adjacent land uses. On local roads the emphasis is on access to adjacent land uses.
a. Transportation Network Plan
The transportation network plan for Tumalo identifies where the roads need to be improved and
where pedestrian and bicycle facilities are warranted. The network plan has three components:
roads, sidewalks and bikeways.
1) Roads:
Central Tumalo is a relatively compact area without need for additional public streets; infill
will access existing streets. For the roads depicted on Map D2, planned improvements take
advantage of existing public right-of-way, where it exists. Lands in the low density areas
are served by existing public right-of-way which are unpaved, non -maintained public roads
PAGE 17 OF 22 - EXHBIT `B " To ORDINANCE No. 97- 031 (6/25/97)
EXHIBIT "B" 0162-'1455
(Beaver Lane, Putnam Lane and Hopper Road) and private drives (Research Road, Winston
Loop Road). Map D2 also depicts the roads that need improvement to serve the local
road network and through traffic corridors.
2) Sidewalks
Map D2 shows where sidewalks are needed for safety and identifies a potential opportunity
for a trail extending south along the west side of Deschutes River. In Tumalo, a sidewalk
network is needed along Cook Avenue, 4th, 5th , 7th and 8th streets to access the school and
provide safe places for people to walk in the commercial area as it develops.
Sidewalks are usually separated from the road by a curb and gutter, which function as part of
the storm drain system. Tumalo does not have a storm drain system. As an alternative,
sidewalks in Tumalo shall be constructed without curbs and gutters and set back from the
road surface behind a drainage swale. This type of sidewalk design is adequate, less costly
and is consistent with the rural character of Tumalo.
A drainage swale is a broad, manmade depression running parallel to the right of way
between the roadway and the sidewalk, where water can drain into the ground. The swale
also provides room for signs, mailboxes, and snow storage, leaving the sidewalk free of
obstructions. Street trees should not be planted in drainage swales where they will conflict
with existing or planned utility lines, whereby the tree roots may damage pipes and conduits
complicating repair work.
3) Bikeways
Two types of bikeways are appropriate in rural areas. A shared roadway for local roads with
low traffic volumes and speeds, and a paved shoulder bikeway for collectors and arterials
with higher volumes and speeds or significant truck traffic. In Tumalo, paved shoulder
bikeways are needed on Cline Falls Highway/Cook Avenue, Tumalo Road and Bailey Road
which are County collector roads, including a bicycle connection from O.B. Riley south to
Tumalo State Park (see Map D2).
4) Highway 20
The intersection of the Highway 20 and Cook Avenue has been identified by the community
as a traffic safety hazard. The Oregon Department of Transportation (ODOT) will have the
lead authority to develop a solution to the realignment of this intersection. Preliminary
designs have been presented to the Tumalo community. The County will work with ODOT
to provide a solution to this intersection and to the connecting network of County roads
which includes the realignment of O.B. Riley Road through the existing mining operation on
the south side of Highway 20.
Projects to complete the transportation network plan are listed in Table D2. The tables list the
type of improvement and the associated cost. The priorities are based upon perceived need while
being flexible to grant funding or development opportunities.
PAGE 18 OF 22 - EXHIBIT `B " TO ORDINANCE NO. 97- 031 (6/25/97)
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Map D2: Planned Roadway, Sidewalk and Trail Improvements
EXHIBIT «B» 0162-1459
b. Road Development Standards
In recent years, urban street development standards were required in unincorporated
communities within the county. The urban standards required 36 feet of pavement, with
curb -tight sidewalks, curbs and gutters. It became evident that this standard was not practical or
necessary in Tumalo. None of the existing roads in Tumalo meet this standard. The cost to build
to this standard prohibited local residents from forming Local Improvement Districts (LIDS). In
addition, people resisted the urban street profile because it did not fit with the community's
preference for a rural appearance. The road standards are intended to decrease the cost of road
improvements and to remove barriers to the formation of LIDS, for improving local roads.
There are sound traffic engineering principles that support reduced street standards. The State
Transportation Planning Rule (OAR 660.12.045(7)) directs local governments to establish
standards for local streets that minimize pavement width and total right-of-way consistent with
the operational needs of the facility.
Excessive standards increase the costs of construction, use up valuable land, encourage
inappropriate traffic volumes and speeds and create a problem channeling stormwater runoff. In
Tumalo, full urban road standards are not needed because the traffic volumes and speeds on
roads in the community are low compared to city streets. Many roads serve only a few
residences. However, existing County rural road standards are not adequate to serve the densities
and variety of uses found in Tumalo. Local businesses and the elementary school generate more
local trips than normally found in the rural county.
The Tumalo Rural Community road development standards were developed in coordination with
the community planning process, the Oregon Department of Transportation (ODOT) Region 4,
the state Bicycle and Pedestrian Program and with the County Planning Division and Public
Works Department. These road standards are consistent with ODOT and the American
Association of State Highway Traffic Officials (AASHTO) standards for rural communities.
They apply to public rights-of-way other than the state highway which is under state jurisdiction.
4. Transportation Policies
a. Road Network Policies
1) The County shall adopt a Transportation System Plan for Deschutes County that
incorporates adopted policies and standards for the Tumalo Rural Community.
2) The County shall explore the potential for alternate truck routes to reduce the impacts of
traffic through the Tumalo Rural Community.
b. Road and Sidewalk Development Policies
1) The County shall implement road development standards for the Tumalo Community that
minimize pavement width and are consistent with the rural character of the community.
2) Specific street segments in the Tumalo Rural Community have been identified as priorities
for improvement projects listed in Table D2. These priorities shall be flexible in order to
take advantage of land development and grant funding opportunities.
PAGE 21 OF 22 - EXI MIT `B " To ORDINANCE No. 97- 031 (6/25/97)
EXHIBIT `B" 0162-1460
3) Provide functional, cost effective sidewalks that are consistent with the rural character of
the community.
4) Provide sidewalks where they are needed for safety, as set forth in Map D2.
5) Where sidewalks are specified on community roads, they shall be constructed without
curbs and gutters, set back from the road surface behind a drainage swale at a distance
from property lines to allow room for utilities.
c. Highway 20 Policies
1) The County shall support the Oregon Department of Transportation efforts to implement
both short and long-term improvements to solve the Cook Avenue/Highway 20 intersection
safety and access problems.
2) The County shall consider the realignment of O.B. Riley Road through the Bend
Aggregate site and coordinate with the Oregon Department of Transportation at its
intersection with Highway 20.
PAGE 22 OF 22 - EXHIBIT `B " TO ORDINANCE NO. 97- 031 (6/25/97)
Exhibit "C" 0162--IL-161
STAFF REPORT - TUMALO
FILE NUMBER
AND ORDINANCE
NUMBERS: TA -97-4
Ordinance 97-031 amending the Growth Management Chapter, Rural
Development section of the Deschutes County Comprehensive Plan to
Update and add Findings and Policies for the Tumalo Rural Community;
Ordinance 97-032 amending the Deschutes County Comprehensive Plan
map to adopt a new comprehensive plan map for the Tumalo Rural
Community;
Ordinance 97-033 amending Title 18 of the DCC to add chapter 18.67
Tumalo Rural Community Zoning Districts, and amending chapter
18.104 and Chapter 18.124;
Ordinance 97-034 amending Title 18 of the DCC to adopt a new zoning
map for the Tumalo Rural Community; and
Ordinance 97-035 amending Title 17, section 17.48.175 of the DCC.
HEARING DATE: May 29, 1997
BOARD OF COUNTY
COMMISSIONERS
APPLICANT: Deschutes County
REQUEST: The request is to amend the Deschutes County Comprehensive Plan
and implementing regulations for the Tumalo Rural Community.
SUMMARY:
This report has two sections. The first section provides findings for the existing 1979 Deschutes
County Comprehensive Plan policies, as amended. The existing policies are listed in numerical
order as they appear in the Deschutes County Comprehensive Plan, Growth Management
chapter, Rural Development section for Tumalo, on pages 60 and 61, and as amended.
The second section provides findings to support zoning and comprehensive plan amendments
required to comply with OAR chapter 660, division 22, the state administrative rule for
unincorporated communities.
BACKGROUND:
CITIZEN INVOLVEMENT:
Deschutes County began the Tumalo Rural Community planning project by holding the first in a
series of four community workshops at the Tumalo School gym on November 6, 1996. The
purpose of the first workshop was to gather information about the community's concerns and
preferences for Tumalo's future. County planning, public works and environmental health staff
PAGE 1 OF 18 - EXHIBIT "C" TO ORDINANCE NO. 97-031 (6/25/97)
STAFF REPORT - FILE No. TA97-4
Exhibit «C" 0162-1462
engaged participants in discussions and exchanged information and ideas on a variety of topics.
About 80 people attended this open house.
A month before the first workshop, County staff direct -mailed a community survey and
newsletter to all property owners in the Tumalo Rural Service Center (RSC). In addition, local
newspapers printed notice of the meeting and radio stations ran public service announcements.
County staff posted flyers announcing the meeting in visible places in the community, such as
Tumalo Irrigation District Office, a restaurant and Tumalo store.
Following the November meeting, staff compiled the results of the community survey and
workshop, and formulated key questions regarding density, community and zoning boundaries,
and uses allowed within the zoning districts to direct the discussion for the next workshop. The
key questions were the focus of the discussion groups at the second evening community
workshop held January 16, 1997, at the Tumalo School library. In addition, a transportation
consultant hired under a state grant presented options for a local street and pedestrian plan, as
outlined below.
The purpose of the second community workshop was to review and discuss the key questions
and for participants to decide on preferred alternatives. Approximately 80 people attended. The
participants overwhelmingly chose to set the minimum lot size in the RSR -5 zone to 5 acres and
that they wanted to retain the rural character of Tumalo. Various alternatives to the community
boundary were proposed. The community response with respect to traffic safety were to redesign
the Highway 20/Cook Avenue intersection, create a designated truck route in town, and create a
sidewalk network for safe passage of children traveling to the Tumalo school. An alternative to
the extension of Cook Avenue south was proposed to route traffic west of the Bend Aggregate
site along the base of the Bailey Road grade and reconnect near Tumalo State Park. In response
to these concerns, the County Transportation Planner forwarded a letter to ODOT to support
consideration of the intersection of Highway 20/Cook Avenue to be included in ODOT's
"Highway Improvement Project Prioritization". In addition, based upon the comments expressed
at the workshop, staff proposed to draft an ordinance, alternative community boundary maps and
preliminary plan policies for discussion at the following workshop.
A third community planning workshop was held on February 12, 1997 in Tumalo.
Approximately 70 people attended. The participants were divided into discussion groups to
address the boundaries of the community (3 alternatives), the uses allowed in each zone and the
density and minimum lot size allowed in each zone. Staff had introduced two new uses
(accessory dwellings, home occupations) and one new regulation (landscape requirements
between districts). The proposed language for home occupations and landscape requirements
between districts was taken from the draft Terrebonne Rural Community Zoning regulations.
Input from the community remains divided on the issue of allowing accessory dwellings and
home occupations outright with limitations. The comments range from agreeing with the
language as proposed, to allowing them only as a conditional use, to not allowing them in any
zone. The majority of comments regarding Landscape Buffer Between Districts favor the
opinion that the proposed language is unnecessary.
A fourth community workshop was held on March 5, 1997. County staff, in coordination with
ODOT, County Public Works and DEA held a transportation planning workshop in Tumalo,
attended by about 25 people, to present and discuss proposals on the following topics:
1. Proposed solutions to the intersection of Highway 20 and Cook Avenue through Tumalo;
2. Street and sidewalk standards that are appropriate for Tumalo; and
3. A local street, sidewalk and bicycle plan.
PAGE 2 OF 18 - EXHIBIT "C " TO ORDINANCE No. 97-031 (6/25/97)
STAFF REPORT - File No. TA97-4
EXHIBrr "C" 0162�-1
Copies of all letters submitted by the citizens were incorporated in the record and forwarded to
the Planning Commission.
SECTION 1: STAFF FINDINGS REGARDING 1978 COMPREHENSIVE PLAN
POLICIES:
The following tent in bold is quoted from the Deschutes County Comprehensive Plan, Growth
Management chapter, Rural Development section for Tumalo, on pages 60 and 61, and as
amended.
TUMALO POLICIES
44. In order to maintain the existing rural character Tumalo should not incorporate,
no development which would require a community wide sewer system should be approved;
and publicly owned land shall remain as open space.
Finding: Community workshop participants responded with 58% in favor of this policy, 31%
disagreed with this policy, and 11% somewhat agreed with this policy. The Planning
Commission recommendation is to delete the first portion of this policy and reword the second
component as follows:
"Publicly owned lands along the river, should remain as open space."
45. The Tumalo commercial zones shall be as proposed on the plan map and provide
adequate commercial area for community needs, while permitting tourists services on
Highway 20; however, adequate access control will be provided (see Transportation
Chapter).
Finding: Community workshop and survey participants were generally supportive of this
policy. Staff has embodied the intent of this policy in two policies, as follows"
"Allow small-scale, low impact commercial and limited industrial uses in conformance with the
requirements of OAR Chapter 66, Division 22, that are intended to serve the community, the
surrounding rural area and the travel needs of people passing through the area." and,
"The County shall support the Oregon Department of Transportation efforts to implement both
short and long term -improvements to solve the Cook Avenue/Highway 20 intersection safety and
access problems."
46. The higher density residential area shall be in close proximity to the commercial
area, while the lower density (five -acre) lots will be on the fringes of the community. The
higher density area shall remain in the bowl formed by the surrounding hills and cliffs.
Finding: Community workshop and survey participants overwhelmingly agreed to keep the low
density residential areas at a minimum lot size of 5 acres with no provision for further density.
This policy is supported by a recent decision by the Board of County Commissioners, (File 4A-
97-1/TP-96-871). Staff has responded by implementing a 5 acre minimum lot size only in the
proposed TuR5 zoning ordinance. One issue raised in the community workshops was this policy
did not define the high density and low density areas well enough. One solution would be to
define these areas more clearly in the plan policy. However, another consideration is that the
PAGE 3 OF 18 - EXHIBIT "C" TO ORDINANCE NO. 97-031 (6/25/97)
STAFF REPORT - File No. TA97-4
Exhibit "C" 0162=-1.46
densities are set forth in the impl ementing ordinance as proposed. Staff has proposed to
reword this policy in the following way:
"Lands designated Residential shall be in proximity to the commercial area, while the lands
designated Residential 5 acre will be on the perimeter of the community. The higher density
lands designated Residential shall remain in the bowl formed by the Deschutes River canyon."
47. To protect the scenic views from the community adequate setbacks shall be
required for homes built along the Tumalo Rim.
Finding: According to the participants at the first workshop 26 of the 32 respondents agreed
with this policy. At the subsequent community workshops, participants favored this policy as
long as there were related provisions in the zoning ordinance. This was a policy question for
the Planning Commission to decide. One recommendation is to clearly define in the ordinance
what areas comprise the "Tumalo Rim". Then an appropriate setback could be established to
address the community's concern. The existing zoning provisions of Title 18 (Section
18.116.160 Rimrock setbacks outside of LM Combining Zone), require land use review if the
structure can be seen from the river or is placed within 50 feet of the rimrock. The minimum
rimrock setback is 20 feet provided the height of the structure does not exceed the setback from
the edge of the rimrock. The significant difference between the two provisions is that the
standards in the LM Combining Zone address roof color, siding materials, vegetation and
lighting that mitigate visual impacts from the river. The existing zone provisions of the
Landscape Management zone extends only 660 feet on each side of the Deschutes River, which
affects few of the parcels or lots comprising the "Tumalo Rim". The Landscape Management
ordinance provisions require land use review within 50 feet of the rimrock. However, a
structure may be allowed to be as close as 20 feet with further land use approval as a "setback
exception".
It appears that the areas within the Tumalo Rural Community that would be affected are the
areas on the east rim of the Deschutes River, i.e. Putnam Lane area, Winston Ranch
subdivision, and the area comprising the western bluff above the Bailey Road grade (Research
Road area adjacent to Bend Research). Approximately 18 properties would be affected. These
areas are currently zoned RSR -5 and the proposed zoning would be TuR5.
In response to the communities concerns, staff recommended and the Planning Commission
concurred that the existing ordinance Section 18.116.160, properly applied, does mitigate the
communities concern by the fact that a residence could be placed no closer than 20 feet of the
rimrock and no closer than the roof peak height for each foot greater than the minimum. Staff
recommended and the Planning Commission concurred to reword this policy in the following
way:
"To protect scenic views visible from the community, adequate setbacks shall be required for
homes built along the rim forming the Deschutes River canyon and Laidlaw Butte."
48. Surface mining areas where the material has been extracted shall be reclaimed and
used for residential uses, including mobile homes.
Finding: Participants at the first community workshop strongly disagreed with this policy, (19
out of 30). In reviewing the documents from 1979, it appears the area this policy refers to is
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located on the east side of the Deschutes River and south of Tumalo Road comprising
approximately 35 acres. The parcel is zoned RSR -5 currently.
Staff s recommendation is that this policy is no longer necessary, and the reference to mobile
homes is outdated. In addition, there are many factors to consider when assessing the suitability
of reclaimed mine sites for residential use. According to the Environmental Health Division, this
policy may conflict with OAR 340-71-220(l)(e) which states; that in order for a lot to be
approved, "the site has not been filled or the soil has not been modified in a way that would
adversely affect functioning of the (on-site sewage disposal) system." Typically, in a mining
situation, all the top soil would have been removed or modified. On-site sewage disposal
systems must be installed in undisturbed soil, with structure. Fill material does not have the
necessary structure. Any lot that has been mined then filled to provide housing may not be
approvable for a drainfield under the on-site rules.
49. Temporary storage and permanent loading facilities for surface mining materials
and agricultural products shall be so zoned when adequate public need exists.
Finding: The majority of the respondents at the first community workshop disagreed with this
policy. It is somewhat unclear whether this policy is relevant for the following reason. The
County has designated Surface Mine zoning to adjacent lands to the Tumalo Community. The
Surface Mine zoning allows uses that are consistent with this policy. However, none of the
designated Surface Mine zones fall within the existing or proposed Tumalo Rural Community
boundary. With respect to the reference to agricultural products it is unclear as to what this
policy was trying to accomplish. Agricultural uses are allowed in the TuRM and TuR5 zones
which would include storage of agricultural products. Staff recommends this policy be deleted.
50. The water ditch and its easement in Tumalo must be protected for the health and
safety of Tumalo's residents.
Finding: Most of the community workshop respondents agreed with this policy,(25 of 32). This
policy refers to the Tumalo Town Ditch which provides irrigation water to approximately (35)
parcels in Tumalo. It's water source is from the Deschutes River near Tumalo State Park and
serves parcels in the central portion of the Tumalo Community.
Staff would recommend to retain this policy and reword it as follows:
"The County shall support the protection of the Tumalo Town Ditch easement and its
distribution system."
Similarly, the Laidlaw Water Company provides domestic water service to the community. Staff
recommends a similar policy be adopted.
"The County shall support the development and management of the domestic water system for
the Tumalo community so that cumulative development will not result in public health hazards
of adverse environmental impacts that violate state or federal water quality regulations ."
51. Hazardous areas, such as the 100 year flood plain, shall be protected from
development. Uses such as parks and open space shall be encouraged and if necessary the
County may purchase the land to keep it open.
Finding: According to the community workshop participants, the majority agreed with this
policy (30 out of 34). Many of the respondents commented that this policy actually contains two
separate policies. Staff concurs. Staff also recommends that the policy reference to the 100 year
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flood plain be deleted for the reason it is implemented by the current Flood Plain ordinance and
policies set forth in the existing Deschutes County Comprehensive Plan that address this issue
specifically. Also, the current policy is worded awkwardly. The idea is to restrict development
in the floodplain to protect structures from a flood event.
Staff recommends that this policy is reworded as follows:
"Uses such as parks and open space shall be encouraged, and where feasible, the County should
acquire those lands as open space."
The County has implemented this policy in the zoning ordinance by allowing park and open
space in each proposed zoning district.
52. Public access to the river at such places as where the Tumalo Deschutes Market Road
crosses the river, as well as other places, shall be preserved.
Finding: The response from the community workshop #1 participants was strong agreement
with this policy (32 out of 35). At subsequent workshops, residents have raised the issue of a
riverside community park. Staff notes that the community survey results show a nearly even
split between those in favor of a community park (42%), those opposing the concept (44%), and
those with no preference (14%). One problem with this policy is that public access is limited
along the Deschutes River because the land is in private ownership, especially at the location
mentioned above in this policy. This policy is reworded to say:
"Public access to the river, shall be preserved."
53. The State should consider a turning lane on Highway 20 for access to Tumalo, so as to
reduce an existing safety hazard.
Finding: The workshop participants overwhelmingly supported this policy (42 out of 43). Staff
notes that an issue raised at subsequent workshops was the feasibility of improving the
intersection Cook Avenue and Highway 20, and realigning the road through the Bend Aggregate
site (O.B. Riley Road) west along the base of the Bailey Road grade. This would alleviate a
traffic safety hazard through the Bend Aggregate site. The March 5, 1997 community workshop
addressed these issues specifically. The Oregon Department of Transportation presented three
alternative preliminary designs for a grade separated underpass as a solution to the Highway
20/Cook Avenue intersection. ODOT, in coordination with the County and affected property
owners is in the process of studying a solution to this problem. In light of the recent events, the
Planning Commission recommended two related refinements to this policy as follows:
"The County shall support the Oregon Department of Transportation efforts to implement both
long and short term improvements to solve the Cook Avenue/Highway 20 intersection safety and
access problems."
"The County shall consider the realignment of O.B. Riley Road through the Bend Aggregate site,
and coordinate with the Oregon Department of Transportation at its intersection with Highway
20."
Transportation is a concern in Tumalo and the following proposed policies are important to the
community's growth and safety:
"Specific street segments in the Tumalo Rural Community have beeen identified as
priorities for improvement projects listed in Table D2. These priorities shall be
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flexible in order to take advantage of land development and grant funding
opportunities."
"The County shall implement road development standards for theTumalo Community
that minimize pavement width and are consistent with the rural character of the
community."
"Provide functional, cost effective sidewalks that are consistent with the rural character
of this community.."
54. Because of the present and likely increased future need, a bike path should be
constructed from Tumalo State Park to Tumalo School.
Finding; The response from the workshop participants were almost split (18 in favor, 21
disagreed). Staff notes that based upon review of Assessors records, the State of Oregon owns a
strip of land along the west side of the Deschutes River that extends north across Highway 20 to
the south terminus of Riverview Avenue. It appears a connection could be made through state
lands to a local road connecting to the Tumalo community. The next question becomes the
feasibility of the bike path along the river and in crossing under the Highway 20 bridge in
consideration of recent high water flow along the Deschutes River. In addition, it is unclear as
to whether the County, state or Tumalo community would be obligated to construct the path.
One other question could be asked of this policy which is: Does the community feel the need to
establish a trail along the river now or in the future. To date, there seems to be lack of consensus
with this issue. One recommendation is to reword this policy as follows:
"The County shall support community efforts to construct a bike path from Tumalo State Park to
Riverview Avenue."
SECTION 2: STAFF FINDINGS REGARDING GOAL 11 AND 14 AMENDMENTS AND
OAR 660, DIVISION 22 UNINCORPORATED COMMUNITIES
In 1994, the Land Conservation and Development Commission (LCDC) adopted administrative
rules for unincorporated communities (OAR 660, Division 22). On January 30, 1997 (LCDC)
revised the rules for unincorporated communities. The following language in bold is quoted
directly from the revised rule, OAR 660, Division 22 Unincorporated Communities.
Designation of Community Areas
660-22-020 (1) Except as provided in OAR 660-22-070, county comprehensive plans
shall designate and identify unincorporated communities in accordance with the definitions
in OAR 660-22-010. Counties may amend these designations as circumstances change over
time.
Finding: OAR 660-22-010(7) defines "Rural Community" as
"an unincorporated community which consists primarily of residential uses
but also has at least two other land uses that provide commercial, industrial,
or public uses (including but not limited to schools, churches, grange halls,
post offices) to the community, the surrounding rural area, or to persons
traveling through the area."
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OAR 660-22-010(10) further defines Unincoroporated Community as a
settlement, with all of the following characteristics:
(a) It is made up primarily of lands subject to an exception to Statewide Planning Goal
3, Goal 4, or both;
(b) It was either identified in a county's acknowledged comprehensive plan as a "rural
community", "service center", "rural center", "resort community", or similar term
before this division was adopted (October 28, 1994), or it is listed in the Department of
Land Conservation and Development's January 30, 1997 "Survey of Oregon's
Unincorporated Communities";
(c) It lies outside the urban growth boundary of any city;
(d) It is not incoroporated as a city;
(e) It met the definition on one of the four types of unincoroporated communities in
sections (6) through (9) of this rule, and included the uses described in those
definitions, prior to the adoption of this division (October 28, 1994)
Tumalo is primarily a residential community. Tumalo has a school, church, fire station, an
irrigation district office and a hand -full of local businesses that serve the community, the
surrounding rural area or persons traveling through the area. This description meets the
definition of a "Rural Community" contained in OAR 660-22-010(6). The Deschutes County
Comprehensive Plan and zoning ordinance text and map amendments designate Tumalo as a
Rural Community and provide for its growth and development accordingly.
Tumalo meets the definitions described above in (a) through (e) for the following reasons. It
comprises lands acknowledged as exception lands, it is identified in the Department of Land
Conservation and Development "Survey of Oregon's Unincorporated Communities as a rural
service center, it is located 2 miles outside the urban growth boundary of Bend, it is not
incorporated, ( a Comprehensive Plan policy states that Tumalo shall not incoroporate, and it is
identified as a rural community as defined in section (7) above.
(2) Counties shall establish boundaries of unincorporated communities in order to
distinguish lands within the community from exception areas, resource lands and other
rural lands. The boundaries of unincoprated communities shall be shown on the county
comprehensive plan map at a scale sufficient to determine accurately which properties are
included.
Finding: The boundary of the Tumalo Rural Community was designated using the following
map sources:
1. 1904 Laidlaw Plat,
2. 1979 Comprehensive Plan and zone maps, and
3. Laidlaw Water District boundary map.
The 1979 Deschutes County Comprehensive Plan designated Tumalo a Rural Service Center, a
Goal 3 and 4 exception area. The 1979 Tumalo Rural Service Center boundary included the
Laidlaw Plat, the SW 1/4 of Section 31, T16S, R12E on the west slopes of Laidlaw Butte, and an
area north of Highway 20 between Riverview Avenue and the Deschutes River platted as the
Deschutes River Tracts. It also included an area east of the Deschutes River along Tumalo Road
extending north to Putnam Road. In addition two smaller sections were included, one located
between Hopper Road west to the Deschutes River and the other located on the west side of
Winston Loop Road on the east rim of the Deschutes River.
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In 1980, as a result of a zone application, the boundary was amended to include 10 acres located
between Cline Falls Highway and High Ridge Drive in the NW 1/4 Section 29, T16S, R12E.
(File #Z-80-11, P-80-4).
As a result of the Tumalo community planning process, there are the following proposed changes
to the Tumalo Rural Community boundary:
1. Exclude the 10 acres comprising the zone change in 1980 (File #Z-80-11).
2. Exclude the parcels on the east rim of the Deschutes River, comprising six parcels of the
Winston Ranch subdivision and portions of two parcels adjacent to the south
3. Exclude the area north of Putnam Lane, comprising seven parcels.
4. Include the area along the west bank of the Deschutes comprising the area adjacent to
Beaver Lane (Deschutes River Homesites).
The Laidlaw Water District boundary comprises an area larger than the Laidlaw Plat that
included the area of Beaver Lane and east of the Deschutes River along Tumalo Road.
The District and community workshop participants agreed the area covered by the Laidlaw
Water District should be included in the Tumalo Rural Community boundary.
At the second community workshop, in review of the Comprehensive Plan map, and in
consultation with the property owner of the 10 acres comprising the zone change in 1980, this 10
acre parcel would be excluded from Tumalo's boundary and rezoned from RSR -5 to Multiple
Use Agriculture (MUA-10). MUA-10 is the appropriate zone because the land surrounding these
two parcels is similarly developed, is located outside the historically boundary of "Tumalo", is
not contiguous to any land zoned RSC, and would be reverting back to it's original zoning. This
is allowed under OAR 660.22.
The Plannning Commission refined the community boundary to include the following
recommendation.
1. Exclude the 10 acres comprising the zone change in 1980
2. Include the six parcels on the east rim of the Deschutes River comprising a portion of
the Winston Ranch subdivision (historically a part of the community), and refine the
boundary along the east rim of the Deschutes River canyon and along the chammel of the
Deschutes River.
3. Include the eight parcels of the Rockwood Subdivision north of Putnam Lane abutting
the west side of Hopper Lane.
4. Include the area along the west bank of the Deschutes River comprising the Deschutes
River Homesites subdivision accessed by Beaver Lane.
5. Refine the east boundary to coincide with parcel lines and the Deschutes River and the
south boundary to coincide with Bailey Road and the south extension of the TuR.5
and TuR zoning districts.
The County Comprehensive Plan map shows the boundary of the Tumalo Rural Community at a
scale that clearly shows individual parcel boundaries.
(3) Only land meeting the following criteria may be included within an unincorporated
community:
(a) Land which has been acknowledged as an exception area and historically considered to
be part of the community provided the land only includes existing contiguous
concentrations of;
(i) Commercial, industrial, or public uses; and/or
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(ii) Dwelling units and associated residential lots at a greater density than exception lands
outside rural communities;
(b) Land planned and zoned for farm or forest use provided such land meets the criteria in
section (4) of this rule.
Finding: Lands included in the boundary are acknowledged exception areas, historically
considered to be part of the community. In addition, the lands brought into the community
boundary comprise lots of pre-existing subdivisions platted in the 1960's which are higher in
density than the 5 to 20 acre parcel sizes of the exception lands adjacent to the community
boundary.
(4) Community boundaries may include land that is designated for farm or forest use
pursuant to goals 3 and 4 if all the following criteria are met:
(a) The land is contiguous to Goal 3 or 4 exception lands included in the community
boundary.
(b) The land was occupied on the date this division (October 28, 1994) by one or more of
the following uses considered to be part of the community: church, cemetery, school, park,
playground, community center, fire station, museum, golf course, or utility facility;
(c) Only the portion of the lot or parcel that is occupied by the use(s) in subsection (b) of
this section is included within the boundary; and
(d) The land remains planned and zoned under Goals 3 or 4.
Finding: These criteria are not applicable for the reason that the Tumalo community boundary
does not comprise lands designated for farm or forest use pursuant to Goal 3 or 4.
(5) Site specific unincorporated community boundaries that are shown on an
acknowledged plan map on October 28, 1994, are deemed to comply with subsections (2)
and (3) of this rule unless the boundary includes land designated for farm or forest use that
does not meet the criteria in section (4) of this rule.
Finding: The acknowledged 1979 Comprehensive Plan Map designates the unincorporated
community of Tumalo as Tumalo Rural Service Center. The additional lands brought into the
community boundary are acknowledged exception areas to Goal 3 and 4 and are not designated
for farm or forest use.
(6) Communities which meet the definitions in both 660-22-010(6) and (9) shall be
classified and planned as either resort communities or urban unincorporated communities.
Finding: This criterion is not applicable, because Tumalo does not meet the definitions in 660
22-010(6) and/or (9).
Planning and Zoning of Unincorporated Communities
660-22-030 (1) For rural communities, resort communities and urban unincorporated
communities, counties shall adopt individual plan and zone designations reflecting the
projected use for each property (e.g., residential, commercial, industrial, public) for all
land in each community. Changes in plan or zone designation shall follow the
requirements of the applicable post -acknowledgment provisions of ORS 197.610 through
197.625.
Finding: The 1997 Tumalo comprehensive plan map contains the following plan designations:
1. Commercial;
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2. Residential;
3. Residential - 5 Acre Minimum
4. Research Development
5. Floodplain.
The 1980 Deschutes County Comprehensive Plan map for Tumalo included some differences
with the 1980 County Zoning Map. The area north of 2nd Street and west of Cline Falls Highway
was showing within the Tumalo boundary, with a Surface Mine designation and Low Density
Residential applied to this area. The 1980 County Zoning Map did not include this area within
the Tumalo Boundary. A subsequent zone change in 1981 (File Z-814) was approved with a
Surface Mine zoning designation applied to this quarry site. This site was later included as a
Goal 5 resource in the 1990 countywide periodic review for Goal 5 resources. The County
designated this area as Site #488, consistent with the boundaries of the earlier zone change in
1981.
The 1997 Tumalo zoning map contains the following zone designations:
1. Commercial District (TuC);
2. Residential District (TuR);
3. Residential - 5 acre Minimum District (TuR5)
4. Research Development District (RD).
5. Floodplain District (FP)
(2) County plans and land use regulations may authorize any residential use and density in
unincorporated communities, subject to the requirements of this division.
Finding: All of Tumalo's zoning districts allow residential uses.
(3) County plans and land use regulations may authorize only the following new industrial
uses in unincorporated communities:
(a) Uses authorized under Goals 3 and 4;
(b) Expansion of a use existing on the date of this rule;
(c) Small-scale, low -impact uses;
(d) Uses that require proximity to rural resource, as defined in OAR 660-04-022(3)(a);
(e) New uses that will not exceed the capacity of water and sewer service available to the
site on the effective date of this rule, or, if such services are not available to the site, the
capacity of the site itself to provide water and absorb sewage;
(f) New uses more intensive than those allowed under subsection (a) through (e) above,
provided an analysis set forth in the comprehensive plan demonstrates, and land use
regulations ensure:
(A) That such uses are necessary to provide employment that does not exceed the total
projected work force within the community and the surrounding rural area,
(B) That such uses would not rely upon a work force served by uses within urban growth
boundaries, and
(C) That the determination of the work force of the community and surrounding rural
area considers the total industrial and commercial employment in the community and is
coordinated with employment projections for nearby urban growth boundaries.
Finding: The comprehensive plan and zoning regulations permit only the following industrial
uses:
a) Uses authorized under Goals 3 and 4;
b) Expansion of a use existing on the date of this rule;
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c) Small-scale, low -impact uses;
d) New uses that will not exceed the capacity of water and sewer service available to the
site on the effective date of this rule, or if such services are not available to the site, the
capacity of the site itself to provide water and absorb sewage;
The County does not permit industrial uses in Tumalo that are more intensive than those allowed
under OAR 660-22-030 (3a -e) and the proposed ordinance does not include an industrial district.
The commercial district allows only two limited industrial uses; manufacturing and production
and wholesale sales.
(4) County plans and land use regulations may authorize only the following new
commercial uses in unincorporated communities:
(a) Uses authorized under Goals 3 and 4;
(b) Small-scale, low impact uses;
(c) Uses intended to serve the community and surrounding rural area or the travel needs of
people passing through the area.
Finding: The Tumalo Rural Community zoning ordinance permits small-scale, low -impact uses
subject to site plan review. Larger scale commercial uses are allowed provided the use serves
the community, the surrounding rural area or the travel needs of people passing through the area.
(See Exhibit "A" to Ord.97-033 , DCC Chapter 18.67 of Title 18.)
(5) County plans and land use regulations may authorize hotels and motels in
unincorporated communities only if served by a community sewer system and only as
provided in (a) through (c) of this section:
(a) Any number of new motel and hotel units may be allowed in resort communities.
(b) New motels and hotels up to 35 units may be allowed in an urban unincorporated
community, rural service center, or rural community if the unincorporated community is
at least 10 miles from the urban growth boundary of a city adjacent to Interstate Highway
5.
(c) New motels and hotels up to 100 units may be allowed in any urban unincorporated
community that is at least 10 miles from an urban growth boundary.
Finding: The overwhelming response from the community was not to allow this use. The
Administrative Rule allows the zoning ordinance to be more restrictive. The Tumalo Rural
Community Zoning ordinance does not authorize this use. In addition, the Administrative Rule
would not allow this use under (b) of this section for the reason Tumalo is located within 3 miles
of the Bend Urban Growth Boundary.
(6) County plans and land use regulations shall ensure that new uses authorized within
unincorporated communities do not adversely affect agricultural or forestry uses.
Finding: Agricultural uses in the Tumalo Rural Community include some hay production and
limited livestock grazing. In Tumalo's low density residential district, some of the undeveloped
land is in irrigated hay production. To minimize conflicts, zoning regulations limit agricultural
uses by restricting the density of farm animals allowed on a lot. Tumalo's commercial districts
do not allow agricultural uses.
There are agricultural uses on adjacent EFU-zoned land to the southwest and northwest within
1/2 mile of the Tumalo Rural Community boundary. Tumalo's residential districts adjacent to
EFU zoned lands have been developed for many years. Zoning regulations reduce adverse
affects to adjacent agricultural uses. Any new structure on land contiguous to EFU-zoned land
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that is receiving special assessment for farm use, must be set back 100 feet from the common
property line.
(7) County plans and land use regulations shall allow only those uses which are consistent
with the identified function, capacity and level of service of transportation facilities serving
the community, pursuant to OAR 660-12-060(1)(a) through (c).
Finding: The County land use regulations require new development proposals to include facts
documenting that the function, capacity and level of service of the affected transportation facility
are adequate to serve the proposed use. When it is found that the transportation facility is
substandard, the County will require developers to improve the transportation facility to serve
the new use.
The findings and policies contained in the transportation element of the Tumalo comprehensive
plan and implementing regulations contained in Title 18, chapter 18.67 of the DCC ensure the
function and development of the transportation facilities in the Tumalo community are and will
be consistent with allowed uses.
(8) Zoning applied to lands within unincorporated communities shall ensure that the
cumulative development:
(A) Will not result in public health hazards or adverse environmental impacts that violate
state or federal water quality regulations, and
(B) Will not exceed the carrying capacity of the soil or of existing water supply resources
and sewer services.
Finding:
a. Water Supply:
According to the Oregon Department of Water Resources, there is an abundant supply of potable
water in a multiple layers under Tumalo.
The Laidlaw Water District is the only significant community water system in the Tumalo Rural
Community. There is a small community water system that serves four parcels located at T16S
12RE Section 29C tax lot 3604 authorized by the Oregon Health Division. The Laidlaw Water
District serves the most densely populated area of the Tumalo community and an area outside the
boundary adjacent to Beaver Lane (Deschutes River Homesites) that will be brought into the
amended boundary of the Tumalo Rural Community. All of the low density areas within the
Tumalo Rural Community are served by on-site wells. The Laidlaw Water District is currently in
the preliminary stages of a strategic planning process.
According to the County Environmental Health Division, the alluvial soils in the Tumalo Rural
Community can support a DEQ approved on-site septic system on a minimum of one acre if the
property is not served by a community water system, and on a minimum 22,000 square foot lot if
the property is connected to the community water system. To satisfy this criterion, the Tumalo
comprehensive plan policies state the following:
• The County shall encourage all development within the Laidlaw Water District to
connect to the system, and;
• The County shall support the development and management of the domestic water
system for the Tumalo community so that cumulative development will not result in
public health hazards of adverse environmental impacts that violate state or federal
water quality regulations.
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The area of the Tumalo Rural Community that is outside the water district's boundary relies on
individual wells for drinking water. The County comprehensive plan and zoning regulations
designate these areas for five -acre minimum lot sizes in this area. The Water Resources
Department routinely approves new individual groundwater wells in the low density residential
areas of Tumalo.
b. Sewer Services:
The County plan and zoning regulations restrict the type and intensity of allowed uses to those
which can be served by DEQ approved on-site sewage disposal systems. The County does not
allow uses or densities that cannot obtain approval for an DEQ approved on-site system. In
addition, County zoning regulations set minimum lot sizes to ensure the on-site systems do not
exceed the capacity of the land. These provisions are true for all zones in Tumalo.
As noted above, according to the County Environmental Health Division, the alluvial soils in the
Tumalo Rural Community can support a DEQ approved on-site septic system on a minimum of
one acre if the property is not served by a community water system, and on a minimum 22,000
square foot lot if the property is connected to the community water system.
(9) County plan and land use regulations for lands within unincorporated communities
shall be consistent with acknowledged metropolitan regional goals and objectives,
applicable regional functional plans and regional framework plan components of
metropolitan service districts.
Finding: This criterion is not applicable because no metropolitan service district exists in
Deschutes County.
Urban Unincorporated Communities
66022-040
Finding: This section is not applicable because Tumalo is not an urban unincorporated
community.
Community Public Facilities Plans
660-22-050 (1) In coordination with the special districts, counties shall adopt public
facility plans meeting the requirements of OAR 660, Division 11, and include them in the
comprehensive plan for unincorporated communities over 2,500 in population. A
community public facility plan addressing sewer and water is required if the
unincorporated community is designated as an urban unincorporated community under
OAR 660-22-010 and 660-22-020. For all communities, a sewer and water community
public facilities plan is required if:
(a) Existing sewer or water facilities are insufficient for current needs, or are
projected to become insufficient due to physical conditions, financial circumstances or
changing state or federal standards; or
Finding:
a. Water
As noted, Tumalo has an abundant supply of potable water. The Tumalo Rural Community has a
community water system which serves the commercial and residential core area in Tumalo. The
system is adequate to serve the existing service area, but needs some capital improvements. The
Laidlaw Water District Board, which operates and maintains this system, recognized the need for
system -wide improvements, both for fire protection and for household use.
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5
The 1979 County zoning regulations required a minimum lot size of 5,000 square feet for lots
served by an approved community, municipal or public water system and an approved community
or public sewage system. The amended zoning regulations increase the minimum lot size for a
single-family dwelling to 22,000 square feet. For a two-family dwelling (duplex) the minimum lot
size is 33,000 square feet. The 1979 regulations required a minimum lot size of 15,000 square feet
for lots served by either an approved community, municipal or public water system or an approved
community or public sewage system. The amended zoning regulations increase the minimum lot
size for a single-family dwelling to 22,000 square feet. For a two-family dwelling, the minimum
lot size is 33,000 square feet. In 1979, the minimum lot size was one (1) acre for land not served
by an approved community, municipal, or public water system or an approved community or public
sewage system. The amended regulations also require one acre minimum for residential
development not served by community water. All development must obtain a permit for a DEQ
approved on-site sewage disposal system. However, the community has stated that a sewage
treatment facility is not feasible or recommended at this time. As set forth above, the density
allowed in the proposed zoning districts ensure that new parcel sizes can be accommodated by
on-site sewage disposal systems. This is consistent with the community goal to retain low
density.
According to the Laidlaw Water District, the water system has the capacity to serve the Tumalo
Rural Community. The Company serves approximately 105 households at this time with a
capacity of up to 200. The lands located within the Laidlaw Water District boundary comprise
the higher density residential and the commercial zoning district. The lands not served by
Laidlaw Water District comprise the low density residential district - 5 acre minimum. These
lands are served by individual wells. According to the Watermaster, there is adequate water
capacity for domestc purposes in the Tumalo area and the Water Resources department routinely
approves groundwater wells in this area.
b. Sewer
Tumalo does not have a community sewer system or a sewer facility plan. Land uses in the
Tumalo Rural Community employ on-site sewage disposal systems of all ages and descriptions,
ranging from newer sand -filter systems to old drill holes. In some cases on-site systems are
insufficient for current needs. Much of the area defined by the Laidlaw Plat contain rapidly
draining alluvial soils. The soils are rapidly draining, so that a standard septic system is not
feasible on smaller lots. It is often necessary to install a relatively expensive sand -filter system
in order to obtain development permits for new development or for alterations to existing
development. There are a few tax lots that cannot be developed or redeveloped, because they are
too small to accommodate any approved on-site sewage disposal system.
The County has not yet conducted a sewer feasibility study for the Tumalo Rural Community.
The community has reached consensus that a sewer system is not needed or wanted in the
community. The zoning ordinance has supported this policy by precluding further density based
upon the establishment of a community sewer system and stipulating a minimum of 22,000 acre
minimum lot size for new lots or parcels.
The County plan and zoning regulations restrict the type and intensity of allowed uses to those
which can be served by DEQ approved on-site sewage disposal systems. The County does not
allow uses or densities that cannot obtain approval for an DEQ approved on-site system. In
addition, County zoning regulations set minimum lot sizes to ensure the on-site systems do not
exceed the capacity of the land. These provisions apply to all zones in Tumalo.
(b) The plan for the unincorporated community provides for an amount, type or
density of additional growth or infill that cannot be adequately served with individual
water or sanitary systems or by existing community facilities and services; or
PAGE 15 OF 18 - EXHIBIT "C" TO ORDINANCE NO. 97-031 (6/25/97)
STAFF REPORT - File No. TA97-4
. Exhibit «C" 0162-1476
Finding:
a. Water
As stated above in section (a), the Laidlaw Water District has the capacity to serve the Tumalo
Rural Community. There have been no identified problems with respect to water quality.
One of the boundary adjustments includes the area just north of the existing boundary between
Cline Falls Highway and the west bank of the Deschutes River (Beaver Lane area). However,
this area is already served by the Laidlaw Water District whereas, all of the low density areas
within the Tumalo Rural Community are served by on-site wells. In addition, the amended
County land use regulations reduce the allowed zoning densities in the Tumalo Rural
Community and set large minimum lot sizes to assure enough land area to accommodate a DEQ
approved on-site sewage disposal system.
In the event a community sewer system is installed making more intense land use possible, the
District's water system improvements will need to be reevaluated and revised accordingly. The
same is true for the County's comprehensive plan policies and zoning regulations for the Tumalo
Rural Community. However, as set forth below, a community sewer is not contemplated at this
time.
b. Sewer
The County comprehensive plan policies and zoning regulations restrict the type and intensity of
allowed uses to those which can be served by a DEQ approved on-site sewage disposal systems.
The County zoning regulations do not allow uses or densities that cannot obtain approval for an
on-site system that meets DEQ requirements. In addition, zoning regulations set minimum lot
sizes to ensure the on-site systems do not exceed the capacity of the land.
The community of Tumalo has reached consensus that a community sewer system is not needed
or contemplated at this time. The Environmental Health Division has supported the densities
proposed in the draft zoning ordinance.
(c) The community relies on groundwater and is within a groundwater limited or
groundwater critical area as identified by the Oregon Department of Water Resources; or
Finding: The Tumalo Rural Community is not within a groundwater limited or groundwater
critical area identified by the Oregon Department of Water Resources.
The Laidlaw Water District currently depends on two groundwater wells. According to the
Laidlaw Water District, the groundwater source does not exceed current EPA maximum
contaminant limits. Consequently, no treatment is performed, nor has any been required by the
Health Division. A proposed EPA groundwater disinfection rule would require continuous
disinfection of the water supply.
(d) Land in the community has been declared a health hazard, or has a history of
failing septic systems or wells, or a community sewage or water system is projected to be
needed by the next periodic review.
Finding: Staff attempted to document whether or not Tumalo has a history of failing septic
systems by examining Deschutes County's computerized septic permit records for the area
defined by the Laidlaw Plat. Staff followed a method similar to the planning effort for the
Terrebonne Rural Community. Staff sought to relate septic repair permits to the age and type of
drainfield for which the repair permit was issued. Using the computer data base, it is not
possible to retrieve data on the age and/or type of a repaired drainfield, when a permit record is
more than eight to ten years old. Given the incomplete historical record of septic repair permits
PAGE 16 of 18 - EXHIBIT "C " To ORDINANCE No. 97-031 (6/25/97)
STAFF REPORT - File No. TA97-4
• EXHIBIT "C 0162-1471
for the Laidlaw plat area of Tumalo, staff could not document a history of failing septic systems.
However, staff did find one parcel in the commercial core area of Tumalo that contains an old
RV/manufactured home park (Tumalo Mobile Home Park). The property owners are currently
working with the Environmental Health Division to bring the sewage disposal system into
compliance.
(2) A community public facility plan shall include inventories, projected needs,
policies and regulations for the water and sewage facilities which are existing or needed to
serve the unincorporated community including:
Finding: The County finds that the Tumalo Rural Community plan does not require a Public
Facilities Plan under the criteria set forth OAR 660-22-050(1). Therefore, the provisions set
forth in OAR 660-22-050(2) do not apply.
COORDINATION AND CITIZEN INVOLVEMENT
660-22-060 (1) Counties shall ensure that residents of unincorporated communities have
adequate opportunities to participate in all phases of the planning process. Counties shall
provide such opportunities in accordance with their acknowledged citizen involvement
programs.
(2) When a county proposes to designate an unincorporated community or to amend plan
provisions or land use regulations that apply to such a community, the county shall specify
the following:
(a) How residents of the community and surrounding area will be informed about the
proposal;
Finding: The following citizen involvement program was used for the Tumalo community
planning project: It was approved by the Deschutes County Planning Commission.
A. Citizen Involvement Program
The County held a series of community workshops and a public hearing before the Deschutes
County Planning Commission. Each workshop was preceded by a work session with the
Deschutes County Planning Commission, so the commission could review and revise workshop
materials. Then, staff met with the planning commission afterwards to discuss outcomes of the
workshops. A newsletter was mailed to property owners, agencies, special districts and other
interested parties two weeks before each workshop and/or public hearing. Additional notice of
the meetings followed the procedures detailed in Title 22 of the Deschutes County Code. All of
the community workshops were held at the Tumalo elementary school on weekday evenings.
The public hearing before the Planning Commission was held in Bend.
(b) How far in advance of the final decision residents of the community and the
surrounding area will be informed about the proposal.
Finding: The Tumalo community planning project satisfied the notice requirements for
legislative decisions detailed in Title 22 of the Deschutes County Code.
(c) Which citizen advisory committees will be notified of the proposal.
Finding: The County conducted community workshops and held public hearings with the
Deschutes County Planning Commission instead of working with a selected citizen advisory
PAGE 17 OF 18 - EXHBIT "C" TO ORDINANCE NO. 97-031 (6/25/97)
STAFF REPORT - File No. TA97-4
Exhibit "C" 0162-1478
committee from the Tumalo community. The Deschutes County Planning Commission served as
the citizen advisory committee for this planning project. Staff held a work session with the
planning commission before and following each community meeting. Staff also met with the
Laidlaw Water District Board of Directors to discuss planning issues and related community
concerns.
(3) The information on these three points shall be included in the appropriate plan
amendment proposal or periodic review work task.
Finding: The information on these three points is provided above.
(4) When a county proposes to designate an urban unincorporated community, the county
shall adopt a citizen involvement program for that community in accordance with the
provisions of Goal 1, Citizen Involvement.
Finding: This is not an applicable criterion, because, in this case, the County is not proposing to
designate an urban unincorporated community.
(5) Proposals to designate, plan or zone unincorporated communities shall be coordinated
with all special districts, metropolitan service districts and cities likely to be affected by
such actions. For any unincorporated community, such coordination shall include a
minimum of 45 -day mailed notice to all cities and special districts (including metropolitan
service districts) located within the distance described in OAR 660-22-040(2).
Finding: Special districts for the Tumalo Rural Community include,
1. Laidlaw Water District;
2. Tumalo Irrigation District;
3. Bend Fire District; and
4. Redmond School District.
The Tumalo Rural Community also includes a small irrigation company that serves some
residents in the commercial core area of Tumalo. The Tumalo Town Ditch provides irrigation
water service only and has been included in the mailing list for all notices.
The districts were on the Tumalo community planning project mailing list from the outset and
received all newsletters and notice of public meetings and hearings. The newsletters informed
about the project timeline and opportunities to participate. They also provided the name, address
and phone number for the County staff contact for the Tumalo project.
PAGE 18 OF 18 - EXHIBIT "C " TO ORDINANCE No. 97-031 (6/25/97)
STAFF REPORT - File No. TA97-4
2� Office of the County Clerk
Deschutes Services Bldg., • 1340 N.W. Wall St. • Bend, Oregon 97701
Telephone: (541) 388-6544
Facsimile: (541) 389-6830
Mary Sue "Susie" Penhollow, County Clerk
ORIGINAL MAP RECORDED VOL. 162, Pg. 1479-1496
MYLAR MAP IN MAP CABINET
Quality Services Performed with Pride