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1998-48706-Ordinance No. 98-058 Recorded 10/15/1998REVIEWED AS TO FORM 98-48706 REVIEWED Q--- 169 - 1928 E W O CODE REVIEW COMM. t ,- BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHU , An Ordinance Amending the Bend Area 98 OCT 15 PM 12: 47 General Plan Transportation Map, and Declaring an Emergency. fOLLOW COiStdT)` CLERK ORDINANCE NO. 98-058 WHEREAS, the Bend Area General Plan includes a Transportation Map relating to the transportation facilities in the Bend Urban Area; and WHEREAS, Jeriko Development, LLC, applied for a Plan Amendment to relocate a segment of the unimproved right-of-way alignment for Empire Avenue; and WHEREAS, the County Hearings Officer, after review conducted in accordance with the applicable law, has recommended approval of the proposed amendment to the Transportation Map of the Bend Area General Plan; and WHEREAS, the Hearings Officer decision was not appealed, and is now final; now, therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. The Transportation Map included as part of the Bend Area General Plan is amended to show a new alignment for an arterial road known as Empire Avenue, as shown on Exhibit "A," attached hereto and incorporated herein by this reference, and as described in Exhibit `B," attached hereto and incorporated herein by this reference. Section 2. FINDINGS. The Board of County Commissioners adopts as its findings in support of this plan map amendment the Decision of Deschutes County Hearings Officer for File No. PA -97-10, attached as Exhibit "C," and by this reference incorporated herein. "",P "I 01C1998 PAGE 1 OF 2 - ORDINANCE NO. 98-058 (10/14/98) 0i I3 MICROFILRED 114,0 v 0 1 1998 AUG 2 2 2000 169 1929 Section 3. EMERGENCY. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this ordinance takes effect on its passage. DATED this 1 day of October, 1998. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON NANCWOPE SCHLANGEN, Chair RO]VERT L. NIPPER, U Recording Secretary 4DA. SWEARIN ommissioner PAGE 2 OF 2 - ORDINANCE NO. 98-058 (10/14/98) Le 9 too 1 30 O p r - � �• \\\\, ' — '111. � , / �y o \ 'I fMi4 - r L/, �, �_�__�, h� N/,/ B W • • 6 R 1}1}��pp O 2 r. 1 rw 7�0 M �1RE AVE Ka V V � 1 � / � � , �� •i = r �n 1 THICK, 9LA-CI4 Exhibit Page �� 2 { / Ordinance ' r 931 NN, zz� 1_7 < M J (, m I ,���� ave � '� 'li , ', >>'-'�, , 4- L I G Al Ai E &17- FOZ "'M P19E A-Vr SHOWN IN 7-Hlc,K L... I IN F,57. <Exhibit Of Page —Ordinance "L9 -0 2Z 1691932 Hickman, Williams & Associates, Inc. Surveyors ♦ Engineers ♦ Planners 9.v� 12 !314 rS h ggg �p JOB#: 980404 N aEE C D �U C1 ti DATE: August 10, 1998 0�6`�B�LZg 2n,��ti BY: PRB DESCRIPTION EMPIRE AVENUE PRELIM NARY CENTERLINE (BASED SOLELY ON RECORD DATA) Beginning at the Center one-quarter comer of Section 21, Township 17 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon; thence North 89°50'22" West, 38.95 feet, to the southeasterly comer of the BID IV subdivision; thence along the eaterly line of said subdivision North 0000611511 West, 912.24 feet to a point, said point being the centerline intersection of Empire Avenue with the easterly line of said subdivision, said point also being the TRUE POINT OF BEGINNING of this centerline description; Thence leaving said easterly line of said subdivision along the following 6 courses and curves: Along a curve to the right with a radius of 700 feet an arc distance of 41.74 feet, (chord bears North 88°26'00" East, 41.73 feet); Thence South 89°51'30" East, 519.83 feet; Thence along a curve to the left with a radius of 700 feet an arc distance of 417.58 feet, (chord bears North 73°03'07" East, 411.42 feet); Thence North 55057144" East, 300.00 feet; Thence along a curve to the right with a radius of 700 feet an arc distance of 417.12 feet, (chord bears North 73001'59" East, 410.97 feet), to the north line of the Southeast One - Quarter of the Northeast One -Quarter of said section; Thence along said north line South 89°51'36" East, 1075.16 feet, to the North 1/16th comer of said section and the terminus of this description. Exhibit Page 1 Of Ordinance 9 91- 059 Historical.011A Building ♦ 805 SW Industria/ Way, Suite 10 ♦ Bend, Oregon 97702-1093 ♦ (541)389-9351# FAX(541)388-5416 169 DECISION OF DESCHUTES COUNTY HEARINGS OFFICER FILE NUMBERS: APPLICANTS: PA -97-10, MA -98-2 Jeriko Development, LLC Kevin Spencer Jerry Freund 930 S.E. Textron Bend, OR 97701 M :1933 PROPERTY OWNERS: Bend -Gem Limited Partnership (Tax Lot 100 on Map #17-12-21) OCAT, Inc. (Tax Lot 200 on Map # 17-12-21) Edna E. Brinson Limited Partnership (Tax Lot 1400 on Map #17- 12-21 Jeriko Development, LLC (Tax Lot 500 on Map #17-12-21) ATTORNEYS: Kevin J. Keillor Hurley, Lynch & Re, P.C. 747 Industrial Way Bend, Oregon 97702 Attorney for Edna E. Brinson Limited Partnership REQUEST: STAFF REVIEWER: HEARING DATES: Daniel Van Vactor 725 N.W. Broadway Bend, Oregon 97701 Attorney for Bend Gem Limited Partnership The applicants are requesting approval of a plan amendment to relocate a segment of the unimproved alignment of Empire Avenue. Damian P. Syrnyk, Associate Planner November 18, 1997, and March 3, 1998 RECORD CLOSED: March 3, 1998 L APPLICABLE STANDARDS AND CRITERIA: A. The Bend Area General Plan B. Oregon Administrative Rules 1. OAR 660-12-060, Plan and Land Use Regulation Amendments 2. OAR 660-015-000, Statewide Land Use Planning Goals and Guidelines Jeriko Development, LLC. PA -97-10 Exhibit � .r Page at Ordinance g °S 169 - 1934 H. FINDINGS OF FACT: A. Location: The segment of Empire Avenue subject to this application is in the northeast quarter of the northwest quarter of Section 21 in Township 17 South, Range 12 East, and lies between the future extension of 27th Street and 18th Street in the northeast part of the Bend Urban Area. The proposed realignment affects Tax Lots 100, 500 and 1400 on Deschutes County Assessor's Map #17-12-21. B. Zoning and Plan Designation: The affected property has the following zoning and plan designations: Tax Lot 100 is zoned RS, Urban Standard Residential, and designated urban standard density residential on the urban area plan map; Tax Lots 500 and 1400 are zoned IL, Light Industrial, and designated light industrial on the urban area plan map. C. Site Description: The proposed realignment affects approximately 75 acres of land. The affected tax lots are undeveloped and have topography that includes relatively level areas, rock outcrops and small ridges, and is covered with native vegetation including juniper trees, sage, bitterbrush, and bunch grasses. D. Surrounding Zoning and Land Uses: The surrounding land uses include existing commercial and residential development and lands with approved but undeveloped residential and industrial subdivisions, including the Hillcrest Subdivision to the northwest and the B.I.D. IV Subdivision to the west. Land to the south is zoned IL and developed with the Brinson Industrial Park Subdivision. Land to the northeast is zoned RM, Urban Medium Density and CC, Convenience Commercial. Land to the south is zoned RS and is currently undeveloped. E. Procedural History: The plan amendment application for a realignment of Empire Avenue (PA -97-10) was submitted on September 23, 1997, and was accepted by the county as complete on November 10, 1997. The initial public hearing was conducted on November 18, 1997. At the hearing, the applicants requested and the Hearings Officer granted a continuance to January 20, 1998. The applicants requested and the Hearings Officer granted two further continuances, to February 17 and March 3, 1998. On February 25, 1998, the applicants submitted a modification to their proposed Empire Avenue realignment (MA -98-2). The public hearing on the modified proposal was held on March 3, 1998. At the public hearing, the Hearings Officer took testimony and evidence and closed the record on that date. F. Proposal: The applicants propose to amend the Transportation Circulation Element and Transportation Plan Map of the Bend Area General Plan to realign an unimproved Jeriko Development, LLC. PA -97-10 2 nC, ► Exhibit Page 2 of i-- — Ordinance 29-0-50 169 .., 1935 segment of Empire Avenue, a designated urban arterial. The current alignment begins at the southeast corner of Tax Lot 100 and the northeast corner of Tax Lot 1400, and travels in a west/southwest direction a distance of approximately 1,800 to a point where its centerline aligns with the existing segment of Empire Avenue connecting with Boyd Acres Road. This alignment crosses one of the lots at the southeast corner of the Hillcrest Subdivision. The applicants initially proposed a realignment along the common boundary of Tax Lots 100 and 1400 for a distance of only approximately 200 feet, with the remainder of the alignment leaving that boundary line in a southwesterly direction approximately 900 feet to a location where the proposed alignment's centerline is 340 feet south of the southern property line of Tax Lot 100, then crossing the remainder of Tax Lot 500 until connecting with the paved portion of Empire Avenue west of Boyd Acres Road. After the initial public hearing at which an affected property owner expressed concern about not having sufficient frontage on the proposed realignment, the applicants modified their proposal to maintain the alignment along more of the southern boundary of Tax Lot 100, all the way to the southeastern corner of the E lcrest Subdivision, before aligning to the southwest. The applicants propose to construct the affected segment of Empire Avenue to city and county specifications for an urban arterial — including 80 feet of right-of-way, sidewalks and bicycle lanes -- and to connect this segment to the existing constructed segments of Empire Avenue at either end of the subject property. G. Public/Private Agency Comments: The Planning Division sent written notice of the November 18, 1997 public hearing to several public and private agencies and received responses from: the Deschutes County Road Department; the City of Bend Development Services Department; the Oregon Department of Water Resources, District 11 Watermaster; and the Central Oregon Irrigation District (COID). These comments are set forth verbatim at pages 3-4 of the Staff Report and are incorporated by reference herein. H. Public Notice and Comments: The Planning Division mailed individual written notice of the November 18, 1997 public hearing to the owners of all property located within 250 feet of the subject property. In addition, notice of the public hearing was published in the "Bend Bulletin" newspaper and the subject property was posted with a notice of proposed land use action sign. As of the date the record closed in this matter, the county had not received any letters from the public in response to these notices. IIL CONCLUSIONS OF LAW: A. Bend Area General Plan Jeriko Development, LLC. PA -97-10 Exhibit Page 3 Of(/ Ordnance 9 S- oS<a 169 - 1936 Plan Amendments Standards for Change (Page 72) Plan changes shall be consistent with the goals, objectives, policies, and statements of intent of the plan, or these guidelines shall be first changed or amended to reflect new policies. An individual requesting a change shall demonstrate that the change is warranted due to changed conditions, a mistake or other specific facts that demonstrate a public need and benefit for the change. FINDINGS: 1. Mistake. The Hearings Officer finds there is no evidence in the record that the original alignment of Empire Avenue on the general plan transportation map was a mistake. 2. Changed Conditions. The applicants argue the alignment of the Bend Parkway is a condition that did not exist when the plan's transportation map and the Empire Avenue alignment were adopted and justifies the proposed realignment. In addition, they argue increased traffic on Boyd Acres and Butler Market Roads also were not contemplated when the plan and alignment were adopted and justify the proposed realignment. The Staff Report asserts the applicants have not demonstrated that these factors constitute changed conditions warranting the proposed realignment. In particular, staff asserts the applicant has failed to demonstrate how the proposed new Empire Avenue alignment is necessitated either by the location of the Parkway or by increased traffic on Boyd Acres and Butler Market Roads. The Hearings Officer concurs with staff's analysis and finds the applicants have failed to demonstrate the proposed Empire Avenue realignment is warranted by changed conditions. 3. Public Need and Benefit. The applicants argue the proposed Empire Avenue realignment will meet a public need and provide a public benefit by moving the arterial and its anticipated heavy traffic further from residential development in the Hillcrest Subdivision and on adjacent RS -zoned property. In addition, the applicants argue the proposed alignment will more effectively take into account existing topography and vegetation than the current alignment does. The Staff Report concludes, and the Hearings Officer concurs, that the proposed realignment will provide a public benefit for the reasons stated by the applicants. I find it is apparent that the existing Empire Avenue alignment was established as simply a line on the map with little if any consideration given to the surrounding zoning, potential land uses or existing topography. I further find the proposed realignment will continue to provide a connection between the existing improved segments of Empire Avenue between 18th Street and Boyd Acres Road while minimizing impacts on nearby residential development and existing topography and vegetation. Jeriko Development, LLC. PA -97-10 4 Exhibit Page V of Ordinance 9 g -o s 169 -1937 General Goals and Obiectives (pages 4-5) 1. To retain and enhance the character and quality of the Bend Area as growth occurs. 2. To provide a sound basis for urbanization by establishing proper relationships between residential, commercial, industrial, and open land uses. FINDINGS: The Hearings Officer finds the proposed Empire Avenue realignment will satisfy these plan policies because it more effectively will retain existing topography and vegetation and will be located further from planned residential development while still maintaining a connection with the improved segments of Empire Avenue between 18th Street and Boyd Acres Road. The proposed realignment will reduce the impacts on nearby residential development from noise, vibrations and odors that will be generated by the anticipated 15,000 to 18,000 vehicle trips per day traveling at 35 to 45 miles per hour on Empire -Avenue. The proposed realignment will be located in an area requiring less grading and removal of the existing topography and vegetation which are characteristic of this part of the Bend Urban Area. 4. To recognize and respect the unusual beauty and character of the area so that the feeling of Central Oregon can be retained within the community as growth occurs. FINDINGS: The Hearings Officer finds the proposed realignment will satisfy this plan policy because it will minimae the grading of existing topography, including rock ridges and outcrops, characteristic of this part of the Bend Urban Area. 6. To provide a safe and coordinated transportation and circulation system to bring about the best relationships between places where people live, work, shop, and play. FINDINGS: The Hearings Officer finds the proposed realignment will satisfy this plan policy because it will continue to provide a connection with the existing improved segments of Empire Avenue between 18th Street and Boyd Acres Road when it is constructed as proposed by the applicants to city and county standards for urban arterial streets. In addition, as discussed above, the proposed realignment will create a better relationship between this arterial street and adjacent residential areas by moving it further south from the Hillcrest Subdivision and other RS -zoned lands. Jeriko Development, LLC. PA -97-10 Exhibit C Page. -- of r Ordinance 9 g - off 169 a 1938 7. To bring about a general increase in population density throughout the community in order to facilitate future public transportation systems as energy supplies diminish. FINDINGS: The Hearings Officer finds the proposed realignment will satisfy this plan policy because it will result in the construction of an important link in the Bend Urban Area's transportation system, facilitating development in the surrounding area at urban densities. S. To retain and enhance desirable existing areas and to revitalize, rehabilitate or redevelop less desirable existing areas. 9. To continually strive for excellence in all private developments and public services within the constraints of economic reality. Economic reality should not be interpreted as maximum profit for minimum investment nor as maximum local budgets for maximum services. FINDINGS: The Hearings Officer finds the proposed realignment will satisfy these plan policies by recognizing and preserving to a greater extent than the existing alignment the topography and vegetation on the subject property which is characteristic of this part of the Bend Urban Area. In addition, it will move this arterial street further from adjacent residential development and residential -zoned lands, thus making this area more desirable for such uses. The proposed realignment also will enhance the existing light industrial uses in the BID IV and Brinson Industrial Park subdivisions by providing easy access from these developments to an urban arterial street. General Policies and Recommendations (Pages 6-8) 3. Future Development and local development standards shall recognize and respect the character of existing areas. Maximum flexibility in development should be encouraged in undeveloped areas. FINDINGS: The Hearings Officer finds the proposed realignment will satisfy this plan policy because it will reflect the existing topography and vegetation on the subject property to a greater extent than does the existing alignment, thus preserving these features characteristic of this part of the Bend Urban Area. In addition, the proposed realignment will be fiuther from residential -zoned lands and the Hillcrest Subdivision, while still maintaining access to nearby industrial lands. 10. Streets and highways should be located and constructed in a manner which will accommodate both current and future traffic needs, and they should be Jeriko Development, LLC. PA -97-10 6 Exhibit C Page of Ordinance 9 9 " ° sg 169 - 1939 designed to maintain the character and quality of the areas through which they pass. FINDINGS: The Hearings Officer finds the proposed realignment of Empire Avenue will satisfy this plan policy because, as discussed above, it will better reflect the existing topography and vegetation and when constructed by the applicants to city and county urban arterial street standards will provide for current and future traffic needs in this part of the Bend Urban Area. 13. Community aaaearance shall continue to be a major concern and the subject of a major effort in the area. Street -tree planting and landscaping, sign regulation, and building improvements will all contribute to an improved environment, particularly along Highway 97. Major natural features, such as rock outcrops or stands of trees, should be preserved as a community asset as the area develops. This can be accomplished in subdivisions through careful siting of houses and streets. FINDINGS: The Hearings Officer finds the proposed realignment will satisfy this plan policy because it will preserve to a greater extent than the existing alignment the subject property's topography and vegetation which are characteristic of this part of the Bend Urban Area. Transaortation Circulation Element Basic Goals 1. To provide a safe, convenient means of movement for people and goods within the urban area. 2. To reduce congestion and prevent further congestion. FINDINGS: The Hearings Officer finds the proposed realignment of Empire Avenue will satisfy these transportation policies because the applicants have proposed to construct this street segment to city and county urban arterial standards, thereby providing a safe and convenient link in the Bend Urban Area transportation system and a facility with the capacity to handle large numbers of vehicle trips each day. 3. To recognize and respect the natural features over which streets pass to minimize adverse impacts. FINDINGS: The Hearings Officer finds the proposed realignment will satisfy this transportation policy by preserving more effectively than the existing alignment the subject property's topography and vegetation. Jeriko Development, LLC. PA -97-10 7 Exhibit Page 7 of -L--- Ordinance 169 - 1940 4. To provide for pedestrian, bicycle, and public transportation needs within the street system. FINDINGS: The Hearings Officer finds the proposed realignment will satisfy this transportation policy because when constructed by the applicants to city and county urban arterial street standards, including sidewalks and bicycle paths, it will provide for pedestrian, bicycle, and public transportation needs. 5. To implement needed improvements in order to foster economic development and to promote safety and reduce congestion. FINDINGS: The Hearings Officer finds the proposed realignment of Empire Avenue will satisfy this transportation policy because when constructed by the applicants to urban arterial street standards it will provide an important link in the Bend Urban Area transportation system, assuring the provision of adequate and efficient east -west circulation in this part of the Bend Urban Area B. Oregon Administrative Rules 1. Chapter 660, Division 12, Transportation Planning Rule a. Section 660-12-060, 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 level of service of the facility. This shall be accomplished by either. Jeriko Development, LLC. PA -97-10 8 (a) Limiting allowed land uses to be consistent with the planned function, capacity and level of service 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; or (c) Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes. Exhibit C Pae 9 g Of Ordinance 9 9 -a 58 169 - 1941 (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 plan; (c) Allows types or levels of 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 level of service of the facility below the minimum acceptable level identified in the TSP. FINDINGS: The Hearings Officer finds the proposed realignment of Empire Avenue will not "significantly affect a transportation facility" as contemplated in this rule because the proposed realignment will not change the functional classification of Empire Avenue as an urban arterial or the standards for such facilities. Neither will it allow levels of traffic beyond that for which the arterial street is designed. Finally, it will not reduce the level of service for which the urban arterial is designed. The proposed realignment will not change the types of land uses surrounding the street and therefore will not result in levels of traffic higher than those already contemplated to be served by Empire Avenue in this part of the Bend Urban Area. 2. Chapter 660, Division 15, Statewide Planning Goals FINDINGS: The Hearings Officer makes the following findings concerning the proposed realignment's consistency with the applicable statewide land use planning goals: Goal 1, Citizen Involvement. The Hearings Officer finds this goal is met because the county provided notice of proposed plan amendment to the public through individual notice to affected property owners, posting of the subject property with a notice of proposed land use action sign, and notice of the initial public hearing in the "Bend Bulletin" newspaper. In addition, at least one public hearing will be held on the proposed plan amendment before the Hearings Officer. The Hearings Officer's decision and the staff report provide the public with information concerning the proposed plan amendment. Goal 2, Land Use Planning. The Hearings Officer finds this goal is met because at least one public hearing will be held prior to adoption of a comprehensive plan amendment for the proposed Jeriko Development, LLC. PA -97-10 9 Exhlblt Page 9' of Ordinance �' g `o 169 - 1942 realignment. The proposed plan amendment is consistent with the requirement of Goal 2 that plans be amended at times to reflect changes in public policy or changed circumstances. Goal 3, Agricultural Lands. The Hearings Officer finds this goal is not applicable because the subject property is not zoned or designated for agriculture. Goal 4, Forest Lands. The Hearings Officer finds this goal is not applicable because the subject property is not zoned or designated for forest use. Goal 5, Open Spaces, Scenic and Historic Areas and Natural Resources. The Hearings Officer finds this goal is not applicable because the subject property does not contain any identified Goal 5 resources nor would its development affect any Goal 5 resources. Goal 6, Air, Water and Land Resources Quality. The Hearings Officer finds this goal is not applicable because none of these resources will be impacted by the proposed plan amendment. The proposed realignment of Empire Avenue will not change the street's functional classification or level of service so that it would accommodate additional vehicle trips or impacts beyond those currently contemplated in the comprehensive plan. Goal 7, Areas Subject to Natural Disasters and Hazards. The Hearings Officer finds 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 Hearings Officer finds this goal is not applicable because the proposed realignment of a segment of Empire Avenue does not implicate the planning and development of destination resorts outside an urban growth boundary. Goal 9, Economic Development. The Hearings Officer finds this goal is met because the proposed realignment of a segment of Empire Avenue will assure its continued function as an urban arterial serving adjacent industrial -zoned lands. Goal 10, Housing. The Hearings Officer finds this goal is not applicable because the proposed realignment of a segment of Empire Avenue will not reduce the amount or suitability of adjacent residential -zoned lands. Goal 11, Public Facilities and Services. The Hearings Officer finds this goal is met because the proposed realignment of a segment of Empire Avenue will assure a continuing east -west connection in this part of the Bend Urban Area. Jeriko Development, LLC - PA -97-10 10 Exhibit C Page __10 of '/ Ordinance 9-O5T 169 - 1943 Goal 12, Transportation. The Hearings Officer finds this goal is met because, as discussed in the findings above and incorporated by reference herein, the proposed realignment of a segment of Empire Avenue is consistent with the Transportation Planing Rule requirements for plan and land use regulation amendments. Goal 13, Energy Conservation. The Hearings Officer finds this goal is not applicable because the proposed realignment of a segment of Empire Avenue will not change its functional classification as an urban arterial and will not change the types of land uses on surrounding lands in a manner that will increase energy consumption. Goal 14, Urbanization. The Hearings Officer finds this goal is met because the proposed realignment of a segment of Empire Avenue will not change the zoning or designation of adjacent lands or prevent them from being development for urban uses. Goals 15 through 19. The Hearings Officer finds 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. DECISION: Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearings Officer hereby APPROVES the proposed plan amendment to realign a segment of Empire Avenue. Dated this o271 -61 -- day of March, 1998. Mailed this aE54h day of March, 1998. Karen H. Green, Hearings Officer THIS DECISION BECOMES FINAL TEN DAYS AFTER MAILING UNLESS TIMELY APPEALED. Jeriko Development, LLC. PA -97-10 11 �N Exhibit C Page of �— Ordinance