2015-495-Ordinance No. 2015-029 Recorded 12/4/2015 (yR��EVIEWED NANCYOBLANKENSHIP,F000NTY CLEFICIAL cj 20+}��4�+Q
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 23,the Deschutes County Comprehensive Plan, * ORDINANCE NO. 2015-029
to amend Section 5.12 and The Tumalo Community *
Plan, and to Change the Plan Designation on Certain *
Property from Tumalo Residential 5-Acre Minimum *
to Tumalo Industrial and Declaring an Emergency.
WHEREAS, C.R. Contracting, I,LC proposed a Plan Amendment to Deschutes County Code ("DCC"),
Title 23, the Deschutes County Comprehensive Plan, Section 5.12, Legislative History,the Tumalo Community
Plan, and to change the comprehensive plan designation of certain property from Tumalo Residential 5-Acre
Minimum to Tumalo Industrial; and
WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on
August 18, 2015 before the Deschutes County Hearings Officer, and on October 7, 2015 the Hearings Officer
approved the Plan Amendment; and
WHEREAS, because no appeal was filed, the Board of County Commissioners ("Board") did not
initiate review of the application and the decision does not require an exception to the goals or concern lands
designated for forest or agricultural use, pursuant to DCC 22.28.030(B), the Board must approve the
comprehensive plan designation change; now,therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Section 23.01.010, Introduction, is amended to read as described in
Exhibit "A", attached and incorporated by reference herein, with new language underlined and deleted language
set forth in stri a „-h.
Section 2. AMENDMENT. The Deschutes County Comprehensive Plan Appendix B, Tumalo
Community Plan, is amended to read as described in Exhibit"B", attached and incorporated by reference herein
with new language underlined and deleted language set forth in stfiketlifeugh.
Section 3. AMENDMENT. Deschutes County Comprehensive Plan Section 5.12, Legislative History,
is amended to read as described in Exhibit"C", attached and incorporated by reference herein with new
language underlined and deleted language set forth in t�et-hrough.
Section 4. AMENDMENT. The Deschutes County Comprehensive Plan Map, is amended to change
the plan designation for certain property described in Exhibit "D" and depicted on the map set forth as Exhibit
"E", with both exhibits attached and incorporated by reference herein, from. Turnalo Residential 5-Acre
Minimum to Tumalo industrial.
///
Page 1 of 2 - ORDINANCE NO. 2015-029
•
Section 5. FINDINGS. The Board adopts as its findings in support of this decision, the Decision of the
I-learings Officer, Exhibit"F",attached and incorporated by reference herein.
Section 6. EMERGENCY. This ordinance being necessary for the preservation of the public peace,
health and safety, an emergency is declared to exist and this Ordinance takes effect on its passage.
Dated this 2 of /V C/V , , 2015 BOARD OF COUNTY COMMISSIONERS
OF DESCHIJTES COUNTY, OREGON
ANTHONY DeBONE, Chair
aim UM,
ALAN UNGER, Vice Chair
ATTEST:
Recording Secretary TAMMY BANEY, issioner
Date of I" Reading: 30 day of Al. , 2015.
Date of 2nd Reading: day of OT , 2015.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Tammy l3a.ney
Anthony DeBone v
Alan Unger'7,�
Effective date: �V day of O , 2015.
Page 2 of 2 -ORDINANCE NO. 2015-029
Chapter 23.01 COMPREHENSIVE PLAN
23.01.010. Introduction.
A. The Deschutes County Comprehensive Plan,adopted by the Board in Ordinance 2011-003
and found on the Deschutes County Community Development Department website, is
incorporated by reference herein.
B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2011-027, are incorporated by reference herein.
C. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-005, are incorporated by reference herein.
D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-012, are incorporated by reference herein.
E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-016, are incorporated by reference herein.
F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-002, are incorporated by reference herein.
G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-009, are incorporated by reference herein.
H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-012, arc incorporated by reference herein.
1. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-007, are incorporated by reference herein.
J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-005, are incorporated by reference herein.
K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-006, are incorporated by reference herein.
L. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-012, are incorporated by reference herein.
M. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-021, are incorporated by reference herein.
N. The Deschutes Count y Comprehensive rehensive Plan amendments, adopted by the Board in Ordinance
P
2014-027, are by incorporated b reference herein.
P
O. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2015-021, are incorporated by reference herein.
P. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2015-029, are incorporated by reference herein.
(Ord. 2015-029 §1.,2015; Ord. 2015-021. §1, 2015; Ord. 201.4-27 §1, 2014; Ord. 2014-121 §1, 2014; Ord.
2014-12 §1, 2014; Ord. 2014-006 §2, 2014; Ord. 2014-005 §2, 2014; Ord. 2013-012 §2, 2013; Ord. 2013-
009 §2, 2013; Ord. 2013-007 §1, 2013; Ord. 2013-002 §1, 2013; Ord. 2013-001 §1, 2013; Ord. 2012-016
§1, 2012; Ord. 2012-013 §1, 2012; Ord. 2012-005 §1, 2012; Ord. 2011-027 §1 through 12, 2011; Ord.
2011 .017 repealed; Ord.201 1-003 §3, 2011)
Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/compplan)
PAGE 1 OF 1 EXHIBIT"A"TO ORDINANCE 2015-029
"****" Denotes portions of this Section not amended by Ordinance 2015-029.
****
Land Use Designations and Inventory
Deschutes County Comprehensive Plan designations identify general land uses for Tumalo and
provide the legal framework for establishing zoning districts. Zoning regulates land uses that
are allowed in each respective district. Table 4 lists Tumalo comprehensive plan designations
and corresponding zoning districts. Table 5 summarizes existing property inventories within
those zoning districts. Tumalo Comprehensive Plan designations are then described in greater
detail.
Table 4 - Tumalo Land Use Designations
Comprehensive Plan Designations Zoning Districts
Commercial (TUC) Commercial District(TUC)
Floodplain (FP) Floodplain (FP)
Industrial District (TUI)
Industrial (TUI)
Re�:do.�rt..l /TI IQ1
Research and Development (TURF) Research and Development District (TURE)
Residential (TUR) Residential District(TUR)
Residential 5 Acre Minimum (TUR5) Residential Five Acre Minimum District (TUR5)
Table 5 - Tumalo Land Use Inventory*
Zone Residential Commercial / Industrial Undeveloped ry Total Number
Units Developments Parcels of Parcels
TUC , 28 17 57 102
TUR 93 0 37 127
TUR5, 75 0 2827 4-0099
TURE 0 2 I 3
TUI 0 2 01 23
Total 196 2 1 123 334
*Assessor's Data 2009
****
Industrial (TUI). An "Industrial" designation allows a limited range of industrial uses to serve
Tumalo and the surrounding area. The designation recognizes nonconforming industrial uses
PAGE 1 OF 2 EXHIBIT"B"TO ORDINANCE 2015-029
- . _ - -• - - - •- = • _ •• - - - _• -. and
properties suitable for limited amounts of additional industrial development. It applies to This
designation is concentrated around the Knife River operation that fronts O.B. Riley Road and
U.S. 20.
****
PAGE 1 OF 2 EXHIBIT"B"TO ORDINANCE 2015-029
Sectovt, 5.12 LesisLat%ve H-Istorj
Background
This section contains the legislative history of this Comprehensive Plan.
Table Si 1.1 Comprehensive Plan Ordinance History
Ordinance Date Adopted/ Chapter/Section Amendment
Effective
All, except
Transportation, Tumalo
and Terrebonne
2011-003 8-10-I I/1 1-9-11 Community Plans, Comprehensive Plan update
Deschutes Junction,
Destination Resorts and
ordinances adopted in
2011
2.5, 2.6, 3.4, 3.10, 3.5, Housekeeping amendments to
2011-027 10-31-1 I/1 I-9-1 I 4.6, 5.
3, 5.
8, 5.I I, ensure a smooth transition to
23.40A, 23.40B, the updated Plan
23.40.065, 23.01.010
23.60, 23.64 (repealed), Updated Transportation
2012-005 8-20-12/11-19-12 3.7 (revised), Appendix C System Plan
(added)
2012-012 8-20-12/8-20-12 4.1, 4.2 La Pine Urban Growth
Boundary
2012-016 12-3-12/3-4-13 3.9 Housekeeping amendments to
Destination Resort Chapter
__ __.._ ._ ...,...-.. ..........__..-.--
Central Oregon Regional
2013-002 1-7-13/1-7-13 4.2 Large-lot Employment Land
Need Analysis
Comprehensive Plan Map
Amendment, changing
2013-009 2-6-13/5-8-13 1.3 designation of certain
ro
P ert from Agriculture Y to g
Rural Residential Exception
Area
Comprehensive Plan Map
2013-012 5-8-13/8-6-13 23.01.010 Amendment, including certain
property within City of Bend
Urban Growth Boundary
_ - Newberry Country: A Plan
2013-007 5-29-13/8-27-13 3.10, 3.I I for Southern Deschutes
County
DESCHUTES COUNTY COMPREHENSIVE PLAN-20I 1
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.1 1 GOAL 5 ADOPTED ORDINANCES
PAGE 1 OF 2-EXHIBIT"C"TO ORDINANCE 2015-029
Ordinance Date Adopted/ Chapter/Section Amendment
Effective
Comprehensive Plan Map
2013-016 10-21-13/10-21-13 23.01.0 I 0 Amendment, including certain
property within City of Sisters
Urban Growth Boundary
Comprehensive Plan Map
2014-005 2-26-14/2-26-14 23.01.010 Amendment, including certain
property within City of Bend
Urban Growth Boundary
2014-012 4-2-14/7-1-14 3.10, 3.I I Housekeeping amendments to
Title 23.
Comprehensive Plan Map
Amendment, changing
designation of certain
2014-021 8-27-14/11-25-14 23.01.010, 5.10 property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
m.- Comprehensive Plan Map
Amendment, changing
2014-027 12-15-14/3-31-15 23.01.010, 5.10 designation of certain
property from Agriculture to
Rural Industrial
Comprehensive Plan Map
Amendment, changing
2015-021 11-23-15/2-2-16 23.01.010 designation of certain
property from Agriculture to
Surface Mining.
Comprehensive Plan Map
Amendment, changing
2015-029 1 1-30-15/1 1-30-15 23.01.010
designation of certain
property from Tumalo
Residential 5-Acre Minimum to
Tumalo Industrial.
2 DESCHUTES COUNTY COMPREHENSIVE PLAN-2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12LEGISLATIVE HISTORY
PAGE,2 OF 2—EXHIBIT"C"TO ORDINANCE 2015-029
LEGAL DESCRIPTION
A tract of land located in the Southeast ont quarter of the Southwest crle
quartor of St t. orz 31, Town,h p 16 South, Range 12 Eil,st, #i.M. , Oe C'strMte.6 County,
Orcgan, dencrfhi+rrd 40 :fo,l.lows
Ali that certain tract, of land, described in Volume 189, Page 2601, Delictute
County Deed Records,
CKCEP U c 'S"t'sE,RiXRot! the f01101,4109 dt, cx.ibcd tract u.'. land;;
Beginning at the Sout,I ea$t corner of the Southeast one-quarter of the Soutl',west
one-quarter one-guarter of Section 11, Township 16 South, Range 12 East, W.H. ; thence
N 00"03'08" W, along the Zast line of said Southeast one-quarter of the
Southwest tsrie_quor.t er., a, distance of 174.% ,feet; thence leaving said l,ine.
N 90°OO'OO" w, 116.29 sect, thence S 164594!0" 9x1 .12 feet; thence
S 06u11' 15" W, 85.02 fret to the south line of said Southeast one.,.quarter of the
Soot.t west of e-qu,fitt "' thence S }39 '42' ;'0" F;, along said lino, 156.00 feet to the
p i rrt. of beginning.
PAGE 1 OF 1 --EXHIBIT"D"TO ORDINANCE NO. 2015-029
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PROPOSED PLAN AMENDMENT
Legend Applicant: CLR Contracting, LLC
pp g i BOARD OF COUNTY COMMISSIONERS
Subject Property
Owner: CLR Inc. OF CHUT CO ITY,OREGON
Address: 64435 Strickler Ave, Bend
TUBS-Residential 5 Acre Minimum any D on •cn�r
TURE-Research&Development Ordinance 2015-029
(„ Ir
to Ordinance 2015-029 Alan Unggr,Vice Chalr
III:IL. i ..,
TUI-Industrial
( a •W ,COmm155i0 iry
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EFU-Tumalo/Redmond/Bend Subone 0 150 300 ATTEST Recording Secretary
Feet is d y/qf
SM-Surface Mining EffecDated tive th Date: f 30 Ntivember,2015 w
Novam6er tli,zdls
Community Development Department
Planning Division Building Safety Division Environmental Soils Division
" :/` 117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
HEARINGS OFFICER DECISION
FILE NUMBERS: 247-15-000272-ZC and 217-15-000273-PA
SUBJECT: The applicant requests a Plan Amendment and Zone Change to change
the zoning from Tumalo Residential-5 Acre Minimum (TuR5) to Tumalo
Industrial (Tul) and the plan designation from Residential 5-Acre Minimum
(TuR5)to Industrial (Tul)for the subject 5.39 acre property.
APPLICANT: C.R. Contracting, LLC
OWNER: CLR Inc.
AGENT: Sharon R. Smith
Bryant Lovlien & Jarvis PC
LOCATION: The property has an assigned address of 64435 Strickler Avenue, Bend,
and is further identified as tax lot 401 on the County Assessor's Map 16-
12-31.
STAFF REVIEWER: Matthew Martin, AICP, Associate Planner
HEARINGS OFFICER: Dan R. Olsen
SUMMARY OF DECISION: The plan amendment, zone change and text amendments are
approved, subject to a condition of approval.
Except as noted by "Hearings Officer" the findings below are taken from the staff report and all
are the findings of the Hearings Officer.
I. BASIC FINDINGS:
A. Location: The property has an assigned address of 64435 Strickler Avenue, Bend, and
is further identified as tax lot 401 on the County Assessor's Map 16-12-31.
B. Lot of Record: Pursuant to the findings in Lot of Record Determination LR-04-28, the
subject property is recognized as legal lot of record.
C. Zoning and Plan Designation: The Subject Property is zoned Tumalo Residential 5
Acre Minimum District (TUR5) and is within the Surface Mining Impact Area (SMIA)
Combining Zone. It is designated Residential 5- Acre Minimum (TUR5) on the
Comprehensive Plan Map.
EXHIBIT "F" TO ORDINANCE 2015-029
D. Site Description: The subject property is approximately 5.39 acres and generally
rectangular in shape except for an irregularly shaped southeast corner. Vegetation
consists of scattered juniper and pine trees with sage, bitterbrush, and other native ground
cover. The topography is generally flat with portions sloping to the south. The property is
unused but developed with a well, pump house, and gravel driveways traversing the
property.
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E. Surrounding Land Use: Properties to the north and west are zoned TUR5 and
developed with residential uses, some with small scale agriculture, and elevated
significantly higher than the subject property. The properties to the south are zoned
Exclusive Farm Use (EFU) and developed with residential and agricultural uses. The
property adjacent to the east is zoned TUI and is currently being developed with a mini
storage facility (land use file 247-14-000413-SP). The properties to the southeast and
further east are zoned Surface Mining (SM) and developed with the Knight River facility.
F. Proposal: Applicant requests a Zone Change and Plan Amendment for the subject
property to change the zoning from Tumalo Residential-5 Acre Minimum (TuR5) to
Tumalo Industrial (Tul) and the plan designation from TuR5 to Tul. No specific
development is proposed for the property at this time.
G. Hearing:
Hearings Officer: A public hearing was conducted on August 18, 2015. Several
persons testified and the following exhibits were received:
H-1 Fidler letter dated August 18.
H-2 Ross/Resnick letter dated August 13
H-3 Baker letter dated August 18.
I stated that I have no relationship to the applicant or any conflicts of interest. There
were no ex parte contacts. I did not conduct a site visit. I provided an opportunity
EXHIBIT "F" TO ORDINANCE 2015-029
for any person to raise procedural or other objections but none were raised.
At the conclusion of the hearing, the applicant asked the record be kept open for
additional submittals. The request was granted as follows:
September 8, 2015 at 5:00pm for new evidence
September 15, 2015 at 5:00pm for rebuttal evidence to new evidence
September 22, 2015 at 5:00pm for applicant's rebuttal but no new evidence
Numerous submittals were received and with one exception are admitted into the
record. An email from Dick and Lois Allen was received by staff on September 17,
2015, after the close of the written record on September 8, 2015.
H. Public Notice: The Planning Division mailed written notice of the applicant's proposal
and the public hearing to the owners of record of all property located within 250 feet of
the subject property.
Hearings Officer: No objections or concerns regarding notice have been raised.
Land Use History: There are no previous land use approvals for the subject property.
II. APPLICABLE STANDARDS:
Chapter 18.136, Amendments
1. Section 18.136.010, Amendments
DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text
or legislative map changes shall be as set forth in DCC 22.12. A request by a
property owner for a quasi-judicial map amendment shall be accomplished by
filing an application on forms provided by the Planning Department and shall be
subject to applicable procedures of DCC Title 22.
FINDING: The applicant has requested a quasi-judicial map amendment and filed the
applications for a plan amendment/zone change. The applications are being reviewed
under the procedures of DCC Title 22.
Hearings Officer: Also proposed are text amendments as discussed below.
2. Section 18.136,020, Rezoning Standards
The applicant for a quasi-judicial rezoning must establish that the public interest
is best served by rezoning the property. Factors to be demonstrated by the
applicant are:
A. That the change conforms with the Comprehensive Plan, and the change is
consistent with the plan's introductory statement and goals.
EXHIBIT "F"TO ORDINANCE 2015-029
FINDING: Staff finds that the following are the applicable portions of the comprehensive plan
(Title 23 of the DCC):
Chapter 4, Urban Growth Management
Section 4.1, introduction
Purpose
The Urban Growth Management chapter, in concert with the other
chapters of this Plan, specifies how Deschutes County will work
with cities and unincorporated communities to accommodate
growth while preserving rural character and resource lands.
Section 4.7
Background
The Tumalo Community Plan was adopted in Ordinance 2010-027 is
hereby incorporated into this Plan as Appendix B.
FINDING: This chapter establishes no approval criteria. The Tumalo Community Plan
is discussed below.
Tumalo Community Plan
Land Use
Land Use Designations and Inventory
Hearings Officer: As part of the proposal, the applicant seeks two text amendments to the
Tumalo Community Plan and staff proposes one.
Amendment#1
Although not included in Table 4, the TUI designation is discussed on page 9 of the Tumalo
Community Plan and the designation was approved by Ordinance 2005-017. The proposed
amendment addresses this omission and corrects the table so the Comprehensive Plan
designations and Zoning Districts match. The table below includes the proposed changes with
the added text identified by underline and the deleted text identified by stri thhrroug
Table 4-Tumalo Land Use Designations
Comprehensive Plan Designations Zoning Districts
Commercial(TUC) Commercial District(TUC)
Floodplain (FP) Floodplain (FP)
industrial(TUI) Industrial District(TUI)
Residential(T' R)Research and Development(TURE) Research and Development District(TURF)
Resideno:al-S Acre Min (TIPS)Residential(TUR) Residential District(TUR)
Residential)Acre Minimum(TURD Residential Five Acre Minimum District(TUR5)
EXHIBIT"F"TO ORDINANCE 2015-029
Amendment#2
Approval of the proposed plan amendment and zone change requires amendment of the Table
5 changing the total number of TUR5 and TUI zoned parcels. The table below includes the
proposed changes with the added text identified by underline and the deleted text identified by
strikethreugh.
Table 5-Tumalo Land Use Inventory*
Zone Residential Units Commercial/Industrial Undeveloped Total Number of
Developments Parcels Parcels
TUC 28 17 57 102
TUR 93 0 37 127
TUR5 75 0 mm 48 2 -00 99
TUBE 0 2 I 3
TUI 0 2 01 23
Total 196 21 123 334
*Assessor's Data 2009
Amendment#3
The text description of the TUI designation is currently very specific and this amendment is
p 9 y rY p
necessary to allow for properties other than the Knife River operation to be designated as
Industrial. The text below includes the proposed changes with the added text identified by
underline and the deleted text identified by etrikethretigh.
Industrial (TUI). An "Industrial" designation allows a limited range of industrial
uses to serve Tumalo and the surrounding area. The designation recognizes
nonconforming industrial uses - . -
efTumalo ' a Surface Mining z a and properties suitable for limited amounts
of additional industrial development, It applies to This designation is
concentrated around the Knife River operation that fronts O.B. Riley Road and
U.S. 20.
Hearings Officer: The staff report characterizes these changes as necessary updates to
address omissions. The applicant states that they merely reflect existing conditions. See Fourth
Supplemental Burden of Proof. Terry Fidler Excavation contends that they are substantive and
create a class of industrial use beyond the mining that already is allowed. The unrefuted
testimony is that there are other TUI zoned properties with uses not associated with surface
mining. The TUI District as provided for in the zoning code clearly allows more than surface
mining related industrial uses and there is a separate surface mining designation. It is not clear
how the Tumalo Community Plan, the zoning code and the actual land uses got out of sync, or
how other industrial uses were approved without a change to the Community Plan language. I
find that the changes are substantive but necessary and appropriate so as to reflect the uses
permitted in the zone and actual existing conditions.
EXHIBIT "F"TO ORDINANCE 2015-029
Goals and Policies
Land Use Goal
Protect and enhance the rural small-town character of Tumalo by supporting
public services, healthy active lifestyles and social connections among residents
and stakeholders.
Hearings Officer: Staff concluded that the proposed zone change and plan amendment to
industrial use would not adversely impact the rural small-town character of Tumalo as it is
limited to the 5.39 acre subject property. In its Sept.8, letter, Fidler argues that this policy is
violated as the proposal would extend the incompatible impacts of Hwy 20, which the Knife
River site buffers, into quieter areas. I agree with Fidler that the size of the parcel at issue, is not
necessarily determinative, but do not see how the proposal expands the impact of Hwy 20. As
discussed below, industrial use of the site may impact nearby properties but this "goal" is
directed at the overall community. In fact, it is doubtful that it is an approval standard at all, at
least as relates to the type of proposal at issue, since it seems to be directed toward promoting
certain things deemed desirable. I do not see how the proposal would interfere with the
provision of public services or encouraging healthy lifestyles and social connections.
Community Policies
1. Consider adding Tumalo State Park to the Tumalo Rural Community
boundary.
FINDING: Tumalo State Park is not subject to the proposed plan amendment and zone
change. Furthermore, neither the subject property owner nor Oregon State Parks
Department can be required to modify the Tumalo Rural Community boundary as part of
this request.
2. Coordinate with community groups and organizations that are working to
improve the livability, economy and access to Tumalo.
FINDING: Notice of the public hearing was provided in compliance with the county
procedures ordinance. Notice was mailed to the Tumalo Business Association and no
comments were submitted. Staff also attempted to contact the Tumalo Community
Association and learned the group is no longer active.
3. Support economic development initiatives and tourism in the Tumalo area.
FINDING: The applicant argues the proposal will enhance economic development as it
will allow for greater economic opportunities than the present TUR5 zoning. Staff
agrees.
Hearings Officer: It appears that there is a very limited amount of industrial land in the area
and that there is a demand for such land, this inevitably will result in more economic activity
than a single home on a large parcel as currently zoned.
EXHIBIT "F" TO ORDINANCE 2015-029
4. Review the Tumalo community goals and policies every five years to
determine if they meet the current and future needs of the area.
FINDING: This policy is not applicable to this proposal.
5. Support the school district in improving opportunities to use Tumalo
Community School facilities for education, recreation and enrichment
programs for students, parents and area residents.
FINDING: This policy is not applicable to this proposal.
Open Space and Recreation Policies
6. Establish Tumalo as a regional bicycle destination through land use,
transportation and recreation policies and programs.
7. Encourage parks and open space, and where feasible, acquire land for
open space.
8. Preserve public access to the river.
9. Preserve publically owned lands along the Deschutes River by designating
them as open space.
10. Support infrastructure improvements including formal river access points,
public signage, lighting, sanitary facilities and improved parking
conditions.
11. Establish a multi-use trail system from Tumalo State Park to Tumalo.
12. Support community efforts to create and maintain local parks.
13. Coordinate implementation of bikeways with signs and best maintenance
practices on County arterials and collectors.
14. Support community efforts to designate the segment of the Deschutes
River through Tumalo as an Oregon Scenic Waterway for its recreational
values.
15. Support the development of a trails and recreation master plan.
16. Explore the future expansion of the Bend Metro Park and Recreation
District to include the Tumalo area.
FINDING: Staff believes these open space and recreational policies are not applicable
to this proposal because there are no identified bicycle, trail, park, open space, or river
standards or requirements associated with the subject property.
Land Use Policies
1. Conform land use regulations to the requirements of Unincorporated
Communities as defined in OAR 660 Division 22 or any successor.
FINDING: Conformance with the requirements of Unincorporated Communities as
defined in OAR 660 Division 22 is addressed below.
2. Ensure County plans and land use regulations require that new uses
authorized within Tumalo do not adversely affect agricultural uses in the
surrounding exclusive farm use zones.
EXHIBIT"F" TO ORDINANCE 2015-029
FINDING: Staff conducted a site visit to the area and reviewed aerial photos. These
inspections revealed some agricultural uses occurring on nearby EFU zoned lands. The
distance of the subject property from these agricultural uses on EFU zoned properties,
along with the Tumalo Industrial Zone (DCC 18.67.060) allowing "...a limited arrange of
industrial use," will minimize impacts. Furthermore, the County can impose conditions of
approval for specific site-development proposals to ensure compatibility with adjacent
agricultural uses.
Hearings Officer: Mr. Fidler testified that he has some cattle on his EFU properties,
expressing a generalized concern about noise and dust. Other than that, the record just
indicates that there are "some" apparently limited agricultural uses in the area with an indication
that most are some distance from the site. Virtually all of the concerns raised in opposition are
directed at impacts on rural residential uses, traffic, water and so on. It is possible that a re-
designation to industrial may have the potential greater impacts than the existing rural
residential designation but the record provides no basis for such a finding. Moreover, again, it
does not appear that this policy is an applicable approval standard. It is directed toward drafting
plan and code language, not a particular application.
3. Apply setbacks for homes built along the rim forming the Deschutes River
Canyon and Laidlaw Butte to protect scenic views visible from the
community.
FINDING: This policy is not applicable to this proposal.
4. Coordinate with Tumalo Community Association, Tumalo Business
Association and similar local organizations on land use issues, where
appropriate.
FINDING: The Tumalo Business Association was mailed notice of the public hearing
and did not comment. The Tumalo Community Association is not currently active. No
other local organizations were identified to receive notice.
5. Encourage the preservation of historical structures such as the Tumalo
Community Church(1905) and the Laidlaw Bank and Trust(1910).
FINDING: This policy is not applicable to this proposal.
Residential Area Policies
6. Designate residential lands on the comprehensive plan map with a
corresponding residential district on the zoning map.
7. Designate residential lands so they are proximate to the commercial area.
8. Designate Residential 5 acre lands on the perimeter of the community.
9. Designate higher density residential lands in the bowl formed by the
Deschutes River canyon.
FINDING: The applicant is not proposing residential designation or zoning. Therefore,
these policies are not applicable to this proposal.
EXHIBIT "F" TO ORDINANCE 2015-029
10. Permit livestock in the residential districts subject to use limitations.
FINDING: This policy is not applicable to this proposal.
11. Plan and zone for a diversity of housing types and densities suited to the
capacity of the land to accommodate water and sewage requirements.
FINDING: The proposed zone change will decrease the amount of land available for
housing by one single family dwelling pursuant to current TUR5 zoning. As the Tumalo
Community Plan indicates, residential uses are the predominate use within Tumalo and
there are presently a large number of vacant residential lots within Tumalo. The,
applicant argues that removing one TUR5 lot will not inhibit the ability to provide a
diversity of housing types and densities in Tumalo. Staff agrees.
Commercial Area Policies
12. Limit access from U.S. 20 so it is safe and economically viable.
13. Encourage design standards in the commercial district so new
development is compatible with the rural character of the community and
reduces negative impacts on adjacent residential districts.
14. Prohibit livestock from being permanently stabled in the commercial
districts.
15. Prohibit additional lands from bein g designated commercial until an
g
economic analysis review is completed.
16. Allow residential uses and mixed residential/commercial uses, while
preventing residential uses from dominating or setting development
standards in the commercial district.
17. Utilize approval standards for conditional uses in the commercial district to
consider the impact on nearby residential and commercial uses and the
capacity of public facilities and services.
18. Prohibit replatting for exclusively residential purposes in the commercial
district.
FINDING: The applicant is not proposing commercial designation or zoning. Therefore,
these policies are not applicable to this proposal.
Industrial Area Policies
19. Allow only the following new or expanded industrial uses in the Tumalo
rural community boundary:
a. Uses authorized under Goals 3 and 4(farm and forest uses);
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-
004-0022(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) of this section, provided an analysis set forth in the
EXHIBIT "F"TO ORDINANCE 2015-029
Comprehensive Plan demonstrates, and land use regulations
ensure:
i. 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;
ii. That such uses would not rely upon a work force employed
by uses within urban growth boundaries;and
iii. 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: These policies are taken from OAR 660-022-0030 (Planning and Zoning of
Unincorporated Communities). Subsection (g)(A)(B) was not adopted into the Tumalo
Community Plan. Even though they do not apply, they are as follows:
(g) Industrial uses, including accessory uses subordinate to industrial
development, as provided under either paragraph (A) or (B) of this
subsection:
(A) Industrial developments sited on an abandoned or diminished
industrial mill site, as defined in ORS 197.719 that was engaged in
the processing or manufacturing of wood products, provided the
uses will be located only on the portion of the mill site that is
zoned for industrial uses; or
(B) Industrial development, and accessory uses subordinate to the
industrial development, in buildings of any size and type, in an
area planned and zoned for industrial use on January 1, 2004,
subject to the territorial limits and other requirements of ORS
197.713 and 197.714.
There is no development proposal for the subject property at this time. Compliance with
the use criteria and standards of the TUI zone (DCC 18.67.060) will be reviewed upon
application for site-specific development. A subsequent application will need to
demonstrate that Policy 19(e) is met.
Public Facilities Goal
Ensure water and sewage treatment systems encompass the appropriate scale
and cost.
FINDING: The Tumalo Rural Community is not presently served by a community
sewage treatment system and only a portion of the community, not including the subject
property is served domestic water by the Laidlaw Company.
EXHIBIT "F"TO ORDINANCE 2015-029
Public Facility Policies
1. Determine residential minimum lot sizes by the capacity of the land to
accommodate available water and wastewater facilities.
FINDING: No residential use or zoning is proposed. Therefore, this policy is not
applicable to this proposal.
2. Encourage high quality fire protection in Tumalo and the surrounding area.
FINDING: Fire protection for the subject property is currently provided by the Bend
Rural Fire Protection District#2.
3. Encourage early planning and acquisition of sites needed for public
facilities(e.g. school, roads, water supply facility, parks).
FINDING: The policy is not applicable to this proposal.
4. Coordinate development within the Laidlaw Water District to determine if
connection to its water system is required.
FINDING: Notice of these applications was sent to the Laidlaw Water District and no
comments were received.
5. Support replatting of lots in the area comprising the Laidlaw Plat and other
lands designated commercial to create lots large enough to accommodate
a DEQ approved on-site sewage disposal system.
FINDING: The subject property is not part of the Laidlaw Plat.
6. Support the protection of the Tumalo Town Ditch easement and its
distribution system.
7. Support the development and management of the domestic water system
for Tumalo so that cumulative development will not result in public health
hazards or adverse environmental impacts that violate state or federal
water quality regulations.
8. Coordinate with the Tumalo residents and business owners on the creation
of a sewer district, if the community initiates district formation.
FINDING: These policies are not applicable to this proposal.
Transportation Goal
Provide a safe and efficient system for all modes of transportation, including
active modes, to support local economic development, recreational uses, and
community health.
Hearings Officer: Staff initially recommended denial of the proposal due to inadequacies in the
transportation analysis provided by the applicant. On August 17, the applicant submitted a new
Supplemental Transportation Impact Analysis that Peter Russell, Senior Transportation Planner
found acceptable. See discussion below.
EXHIBIT"F" TO ORDINANCE 2015-029
Road Network Policies
1. Review the existing Transportation System Plan policies and standards for
Tumalo.
2. Review existing roadway design requirements to ensure complete streets
which accommodate all modes of travel.
FINDING: These policies are not applicable to this proposal.
Road and Sidewalk Policies
3. Implement road development standards for Tumalo that minimize
pavement width and are consistent with the small-scale character of the
community.
4. Utilize land development and grant funding opportunities to improve street
segments identified for improvement in the Transportation System Plan.
5. Provide functional, cost effective sidewalks that are consistent with the
rural character of the community.
6. Provide sidewalks or multi-use paths where they are needed for safety, as
set forth in the Transportation System Plan.
7. Construct sidewalks specified on community roads without curbs and
gutters, distant from property lines, to allow room for utilities.
FINDING: The provision of sidewalks/paths will be addressed in a future development
application.
U.S. 20 Policies
8. Coordinate with the Tumalo community and Oregon Department of
Transportation to implement both short and long-term improvements to
solve transportation problems, including at the Cook Avenue and U.S. 20
intersection.
9. Enhance the roadside environment, through tree planting, signage or other
means.
10. Promote safe access and slower speeds on U.S. 20 through Tumalo.
11. Retain and enhance access across U.S. 20 using above, below, or at grade
crossings to support pedestrian, bicycle and equestrian access to
recreation and community services.
FINDING: The subject property does not take access from U.S. 20. Notice of the
applications was sent to the Oregon Department of Transportation and no comments
were received.
Hearings Officer: See discussion under the Transportation Planning Rule.
2. Section 18.136.020, Rezoning Standards (Continued)
B. That the change in classification for the subject property is consistent with
the purpose and intent of the proposed zone classification.
EXHIBIT "F" TO ORDINANCE 2015-029
FINDING: The purpose of the TUI zone is listed under DCC 18.67.060 as follows:
The purpose of the Industrial District is to allow a limited range of industrial uses
to serve the community and the surrounding area.
FINDING: There is currently no development proposed but the applicant intends to use
the property to relocate its current business operations. Those operations include
storage of equipment used in road paving and related office uses. Likely development
includes a 10-12,000 square foot, maintenance and storage building with an office as
well as a paved storage/circulation area. Equipment storage associated with industrial
activities (such as road paving) is one of the limited permitted uses in the TUI zone.
C. That changing the zoning will presently serve the public health, safety and
welfare considering the following factors:
1. The availability and efficiency of providing necessary public
services and facilities.
FINDING: The applicant indicates public services and facilities will not be required to
utilize the property for the storage of industrial equipment. Bend Rural Fire provides fire
protection, water could be provided by private on-site well, and septic could be provided
on-site. As previously indicated, the submitted traffic study is deficient in its analysis
therefore staff cannot evaluate if the anticipated traffic impacts have been adequately
mitigated. The applicant indents on address this with a supplemental submittal.
Hearings Officer: At the hearing I asked for clarification of the rather cryptic comment from the
Bend Fire Department. In its Second Supplemental Burden of Proof statement the applicant
represents that it discussed the comments with the Fire Marshall and they are intended as a
general admonishment that fire regulations may impose restrictions on the use or storage of
regulated materials on the subject property. That appears to be consistent with the best reading
of the comment.
2. The impacts on surrounding land use will be consistent with the
specific goals and policies contained within the Comprehensive Plan.
FINDING: No specific development is proposed at this time so specific impacts cannot
be assessed. However, the relevant plan goals and policies are addressed herein.
Hearings Officer: I read this standard as requiring consideration of the potential impacts of the
entire range of uses allowed in the TUI designation and zone. As discussed above, however,
there appear to be very few policies relevant to this proposal or that raise compliance issues. In
its September 8, letter Fidler cites to an arguably applicable standard not raised by staff.
Comp Plan Chapter 4, Urban Growth Management, Section 4.1 states that the purpose of the
comprehensive plan is "to accommodate growth while preserving rural character and resource
lands." Since the proposal would remove land from rural residential and add industrial, the
argument is that this is inconsistent with this policy because the industrial land would not "mesh
with rural and agricultural surrounding uses."
In and of itself, this policy is so general as to not provide any meaningful guidance to a specific
provision. It provides no locational guidance. For example, it could but does not, permit
designation of land as commercial or industrial only if surrounded by other commercial/industrial
EXHIBIT "F"TO ORDINANCE 2015-029
land or otherwise isolated so as to not impact rural character. Rather, Chapter 4 refers to the
Tumalo Community Plan for implementation guidance. As discussed above, the TCP has few
applicable standards to guide this proposal. But it does clearly permit new or expanded
industrial uses so long as meet the standards of Policy 19, in particular being small scale, low-
impact uses. That limitation appears to be how the County chose to "accommodate growth while
preserving local character." This conclusion is consistent with the fact that the uses allowed
under Site Plan Review appear to be limited to those with minimal impacts. More intensive uses
require a conditional use approval. The zone also grants fairly broad authority to address
impacts with increased setbacks, landscaping and so on.
At the hearing, concerns were raised about potential impacts on wells and on access to the
Baker/Ross-Resnick well. Again, it is not at all clear that there are approval standards at this
stage that are relevant to these issues. The plan amendment/zone change in itself will not affect
water or access, although it opens the door to consideration of whether to approve uses that
may have such impacts. The development review stage is where such impacts may be
considered and addressed based on a specific proposed use.
in its Third Supplemental Burden of Proof that it is willing to provide
The applicant asserts r Its g p
pP
Pp
continued access to the Baker/Ross-Resnick well. It may be that a prescriptive easement or
other legal right exists. If it does not, the current owner could cut off access under the current
zoning. Denying this application would have no impact on this issue. It is more likely (although
not certain) that the Bakers and Ross-Resnick will be able to secure some sort of assurance by
working with the applicant and county through the land development process.
Finally, as to the concerns about noise, approval certainly increases the odds that a use noisier
than a residence will be approved for the site. But there is insufficient basis, particularly given
the approval standards, to deny on this basis. Again, the TUI zone grants fairly broad discretion
to address impacts associated with a specific proposed use and that should be used to provide
reasonable mitigation as necessary.
D. That there has been a change in circumstances since the property was last
zoned, or a mistake was made in the zoning of the property in question.
FINDING: There have been several changes of circumstances since the property was
zoned TUR5 in 1997 through Ordinance No. 97-032 that justify the proposed zone
change:
(1) The Knife River properties were rezoned from Tumalo Residential to TUI via ZC-04-
5.
(2) The primary Knife River Facility has undergone substantial development including
the construction of an office building and truck shop (SP-05-6), a ready-mix concrete
recycling facility (SP-05-38), and alterations of both of those facilities (SP-06-5 and
SP-08-36 respectively).
(3) The Creative Real Estate Solutions LLC property was approved for 40,000 square
feet of mini-storage (247-14-000413) on the adjacent property to the east.
The applicant argues this substantial amount of industrial development adjacent to the
subject property has decreased the suitability of the site for residential development and
increased its utility as an industrial site. Staff agrees.
EXHIBIT "F"TO ORDINANCE 2015-029
Oregon Administrative Rules
OAR 660, Division 12, Transportation Planning Rule
OAR 660-012-060, Plan and Land Use Regulation Amendments.
(1) Amendments to functional plans, acknowledged comprehensive plans, and
land use regulations which significantly affect a transportation facility shall
assure that allowed land uses are consistent with the identified function,
capacity, and performance standards (e.g. level of service, volume to
capacity ratio, etc.) of the facility. This shall be accomplished by either:
(a) Limiting allowed land uses to be consistent with the planned
function, capacity and performance standards of the transportation
facility;
(b) Amending the TSP to provide transportation facilities adequate to
support the proposed land uses consistent with the requirements of
this division;
(c) Altering land use designations, densities, or design requirements to
reduce demand for automobile travel and meet travel needs through
other modes;or
(a) Amending the TSP to modify the planned function, capacity and
performance standards, as needed, to accept greater motor vehicle
congestion to promote mixed use, pedestrian friendly development
where multimodal travel choices are provided.
(2) A plan or land use regulation amendment significantly affects a
transportation facility if it:
(a) Changes the functional classification of an existing or planned
transportation facility;
(b) Changes standards implementing a functional classification system;
(c) Allows types or levels or land uses which would result in levels of
travel or access which are inconsistent with the functional
classification of a transportation facility; or
(d) Would reduce the performance standards of the facility below the
minimum level identified in the TSP.
(3) Determinations under subsections (1) and (2) of this section shall be
coordinated with affected transportation facility and service providers and
other affected local governments.
FINDING: This above language is applicable to the applicant's proposal because it
involves an amendment to an acknowledged plan. The applicant is not proposing any
land use development of the property at this time and has indicated that future
development may include industrial development.
Hearings Officer: The applicant submitted a Supplemental Transportation Impact Analysis
dated August 17. Unlike the first analysis, it correctly looks at the range of uses permitted under
the requested designation and zone. It states that "an unrestricted zone change would
EXHIBIT "F" TO ORDINANCE 2015-029
significantly affect the transportation system as defined by TPR criteria." On the other hand,
ODOT did not respond and the TPR permits approval without mitigation in such a case.
The Senior Transportation Planner indicates in his August 18 email that he concurs with the
analysis and conclusions. But it appears that he does not actually concur with the statement that
the 3 pm peak trips are de minimus and do not need to be addressed. Rather, he suggests a
condition prohibiting shift start/end from 4-6 pm.
In its application, the applicant suggests that traffic generation from the site be restricted to that
generated by the use it says it intends to pursue and in its Second Supplemental Burden of
Proof suggests such that a shift limitation makes little practical sense given the number of trips it
intends to generate.
As I understand it, however, the issue is not the overall number of trips but the peak hour trips,
even though they are minimal. The applicant testified that the majority of its crews leave on
Sunday and return late Friday. The impression conveyed by the description of its intended use
is one of a fair amount of flexibility in terms of scheduling. Further, the County apparently has
experience with conditions on shift scheduling.
Accordingly, I find that a condition of approval requiring that employee shifts commence and
end outside of the 4-6 p.m. period is warranted.
OAR 660, Division 15, Statewide Planning Goals and Guidelines
FINDING: Findings regarding the Statewide Planning Goals and Guidelines are
provided below:
Goal 1, Citizen Involvement. The Planning Division has provided notice of the
proposed plan amendment and zone change to the public through individual notice to
affected property owners, the applicant will be posting a "proposed land use action sign,"
and notice of the public hearing will be in the "Bend Bulletin" newspaper. In addition, a
public hearing will be held on the proposed plan amendment/zone change.
Goal 2, Land Use Planning. Goals, policies, and processes related to zone change
applications are included in the Deschutes County Comprehensive Plan, and Title 18 of
the Deschutes County Code. The application of these processes and
policies/regulations are documented within this staff report.
Goal 3, Agricultural Lands. Because the property is within an unincorporated
community it is not agricultural land or zoned EFU. As discussed herein, staff believes
the proposed zone change will not adversely affect agricultural uses on surrounding EFU
lands on account of the limited range of industrial uses permitted in the TUI. Additional
mitigation measures could be imposed as upon review of a future site-specific
development proposal.
Goal 4, Forest Lands. The existing site and surrounding areas do not include any
lands that are zoned for, or that support, forest uses.
Goal 5, Open Spaces, Scenic and Historic Areas and Natural Resources. The
existing site and surrounding areas are not included in the County's Goal 5 inventory.
EXHIBIT "F"TO ORDINANCE 2015-029
Goal 6, Air, Water and Land Resources Quality. No specific development is
proposed at this time. Development of the property would not likely result in significant
adverse impacts to air, water, or land resources quality due to the small size of the site
and that any future development would be subject to local, state, and federal regulations
protecting these resources. With that said, comments received from adjacent property
owners Bakers and Ross/Resnick- and express concerns with contamination of and
access to the shared well they use that is located on the subject property. Recognizing
and understanding their concerns, staff notes that the rezoning of the property will not
impact water quality or access to the well. These impacts will be dictated by any future
use of the property and the provisions of the private well agreement. The applicant has
indicated they will address these comments in a supplemental submittal.
Goal 7, Areas Subject to Natural Disasters and Hazards. This goal is not applicable
because the subject property is not located in a known natural disaster or hazard area.
Goal 8, Recreational Needs. The proposed plan amendment and zone change do not
affect recreational needs.
Goal 9, Economy of the State. This goal is to provide adequate opportunities
throughout the state for a variety of economic activities. By increasing the types and
intensity of industrial uses available to the property, staff believes the proposal will
increase economic opportunities on the property.
Goal 10, Housing. The goal of Goal 10 is "To provide for the housing needs of citizens
of the state" and is further explained stating:
Buildable lands for residential use shall be inventoried and plans shall
encourage the availability of adequate numbers of needed housing units at
price ranges and rent levels which are commensurate with the financial
capabilities of Oregon households and allow for flexibility of housing location,
type and density.
The applicant argues that because Goal 10 defines needed housing as housing within
urban growth boundaries and the subject property is outside a UGB then Goal 10 is not
applicable. Staff agrees with this conclusion. Staff adds that, as the Tumalo Community
Plan indicates, residential uses are the predominate use within Tumalo and there are
presently a large number of vacant residential lots within Tumalo. Removing one TUR5
lot will not inhibit the ability for Tumalo to provide a diversity of housing types and
densities. Therefore, staff believes this proposal will have no adverse impact on the
availability of housing on the area.
Goal 11, Public Facilities and Services. The applicant's proposal will have no adverse
effect on the provision of public facilities and services to the subject site.
Goal 12, Transportation. This report states in a foregoing finding that the
transportation impacts of proposed plan amendment and zone change were not
adequately addressed in the materials submitted at the time of the issuance of the staff
report. However, as previously founds, the Supplemental Transportation Impact
Analysis dated August 17 shows the traffic impacts will be mitigated with a condition of
approval requiring that employee shifts commence and end outside of the 4-6 p.m.
period is warranted.
EXHIBIT"F"TO ORDINANCE 2015-029
Goal 13, Energy Conservation. Staff believes that the proposal will not have an effect
on energy use or conservation, until such time as it is developed.
Goal 14, Urbanization. The subject property is within the Tumalo Rural Community
boundary. This proposal does not change the types or intensity of uses allowed in, nor
does it change the boundary of, the Tumalo Rural Community.
Goals 15 through 19. These goals, which address river, ocean, and estuarine
resources, are not applicable because the subject property is not located in or adjacent
to any such areas or resources.
IV. CONCLUSION AND CONDITION OF APPROVAL
Based on the record and the foregoing findings and conclusion, the application for a
Plan Amendment from TuR5 to Industrial (Tul) and for a zone change from Tumalo
Residential-5 Acre Minimum (TuR5) to Tumalo Industrial (Tul) the subject 5.39 acre
property is APPROVED subject to the following condition of approval:
"Any industrial use approved for the subject property shall demonstrate that it can and
will employ effective measures to ensure that the start and end of employee shifts occur
outside of the 4:00 to 6:00 p.m. peak hour. This condition may be removed or modified
only after notice and public hearing and upon demonstration by the applicant that
impacts on the US 20/OB Riley-Cook Avenue intersection will be avoided or mitigated,
or that intersection conditions have changed so as to warrant modification or removal."
Further, the following text amendments are APPROVED:
Table 4-Tumalo Land Use Designations
Comprehensive Plan Designations Zoning Districts
Commercial(TUC) W Commercial District(TUC)
Floodplain (FP) Floodplain(FP)
Research and-D .ele en.`TURF) Industrial(TUI) Industrial District(TUI)
Residential-MA)Research and Development(TURF) Research and Development District(TURF)
p„_„aential 5-Aere Mini em-M 5 Residential:(TUR) Residential District(TUR)
Residential S Acre Minimum(TUR5) Residential Five Acre Minimum District(TUR5)
EXHIBIT"F"TO ORDINANCE 2015-029
Table 5-Tumalo Land Use Inventory*
Zone Residential Units Commercial/Industrial Undeveloped Total Number of
Developments Parcels Parcels
TUC 28 17 57 102 .
TUR 93 0 37 127
TURS 75 0 28 2Z +00 99
TURE 0 2 I 3
TUI 0 2 01. 2 3.
Total 196 21 123 334 `.
*Assessor's Data 2009
Industrial (TUI). An "Industrial" designation allows a limited range of industrial
uses to serve Tumalo and the surrounding area. The designation recognizes
nonconforming industrial uses - . -- _ - • • -- •_ . - - . . - • . - -
. , • . -- . • .'•-•-: _ and properties suitable for limited amounts
of additional industrial development. tt applies to This designation is
concentrated around the Knife River operation that fronts O.B. Riley Road and
U.S. 20.
Dated this 7th day of October, 2015. Mailed this_day of October, 2015.
„../ / it:0i/
4.1/4,_,:f
Dan R. Olsen
Hearings Officer
EXHIBIT"F" TO ORDINANCE 2015-029