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42-9-Ordinance No. 82-003 Recorded 4/22/1982f 1 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Ordi- nance 80-201, as amended, Redmond Urban Area Zoning Ordinance of 1980; Rezoning Certain Property from General Residential (R-4) Zone to High Density Residential Zone (R-5) and Declaring an Emergency. FILF APR 221s8z * D S HU~RC PATTERSO -COUNTY .CLEQK ORDINANCE NO. 82-003 WHEREAS, Fred Easterbrooks proposed the rezoning of certain property from General Residential (R-4) Zone to High Density Residential (R-5) Zone; and WHEREAS, notice of hearing was given in accordance with law; and WHEREAS, the Hearings Officer held a hearing on the proposed zone change on December 1, 1981; and WHEREAS, the Hearings Officer recommended that the property be rezoned from General Residential (R-4) Zone to High Density Residential (R-5) Zone by decision dated December 9, 1981; and WHEREAS, the decision of the Hearings officer has not been appealed to the Deschutes County Planning Commission; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. To amend Ordinance No. 80-201, Redmond Urban Area Zoning Ordinance of 1980, to change zoning from General Residen- tial (R-4) Zone to High Density Residential (R-5) Zone for the parcel of real property described as: Tax Lot 2800, Section 17, Township 15 South, Range 13 East, Willamette Meridian, Deschutes County, Oregon, and depicted on the map marked Exhibit "A", attached hereto and by this reference incorporated herein. ORDINANCE NO. 82-003 r C}'441 Section 2. To adopt as the Board of County Commissioners' findings and conclusions, the findings and decisions of the Hearings officer dated December 9, 1981, relating to Zone Change Application Number Z-81-20, marked Exhibit "B", attached hereto and by this reference incorporated herein. Section 3. This ordinance being necessary for the immediate preservation of public peace, health and safety, an emergency is declared to exist, and this ordinance takes effect on its passage. DATED this the`3ay of 1982. ATTEST: LI ETH C. Y0G Rec rding Secretary ORDINANCE NO. 82-003 BOARD OF COUNTY COMMISSIONERS OF DE C ES COU T OREGON h CLAY EPARD, airman 1 5 i 3 Fred Easlcr brooks wa 42 PACE- 8 ,9 i 101 SEE MAP SEE -MAP 15 13 17BA 15 M_j7AB`' - "'0 ;503 1507 1502 F' SEE NIA ' r e 15/ I IN7 B D f v ` 1504 $ I ~ e , ~ •4 R . W e ° 1501 1600 e „ 1A5! f, ~ c .s -2900, • ~ i - r'•'y W _ 2933 2,904 280 I ` 1700 1500r -5 SET._DR•. t 546kc S99'Y!' 2905 I' o TIM -RLINE RD, . % U fN 1 3100 ` a.~-.. All; •M ci FILE NO: FINDINGS AND DECISION APPLICANT: REQUEST: PLANNING STAFF REPRESENTATIVE: PLANNING STAFF RECOMMENDATION: PUBLIC HEARING: v oL 2 PAUE 12 HEARINGS OFFICER DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701 TELEPHONE (503) 388.6626 BURDEN OF PROOF: FINDINGS: Z-81-20 Fred Easterbrooks `t D SCnR An application for a zone change from R-4, General Residential to R=5, High Desnity Residential. Craig Smith Approval The public hearing was held in room 106, Deschutes County Courthouse Annex, Bend, Oregon on Tuesday, December 1, 1981 at 7:00 P.M. An oral decision was rendered at that time. In order to receive approval of this request the applicant must meet the criteria set forth in the Redmond Urban Area Comprehensive Plan and the criteria set forth in Section 6.000 of the County Procedural Ordinance. 1. LOCATION: The subject property is located at the southeast corner of 23rd Street and Highway 126 and is further described as Tax Lot 2800, Township 15 south, Range 13 east, Section 17. 2. ZONE: The property is located in an R-4, General Residential zone. 3. COMPREHENSIVE PLAN DESIGNATION: General Residential. 4. SITE DESCRIPTION: The subject property has a varied topography and is covered with grass and a few scattered juniper trees and is generally surrounded by single family residences and is approximately 17 acres in size. Access to the property is off U.S. Highway 126 and 23rd Street. Z-81-20 - FRED EASTERBROOKS - PAGE 1 aL / CONCLUSIONS: 3 The applicant has met the criteria set forth in Section 6.000 of PL-9 and is in conformance with the Redmond Urban Area Comprehensive Plan. The general policies of the Redmond Urban Area Comprehensive Plan in- dicate under Urban Development that this should be encouraged in areas where services can be provided and in a manner which will minimize tax costs related to necessary urban services, such as schools, parks, high- ways, police, garages, garbage disposal, fire protection, libraries and other facilities and services. In addition, the plan discusses suture development which should recognize and respect the character of the existing areas and uses. It also indicates that maximum flexibility and development should be encouraged in undeveloped areas. In addition, the plan on page 63 deals with transportation policies of the area, indicating that the right-of.-way for transporation be preserved and that the streets be constructed according to the street policies and financed by the developer. In addition the Housing Policies on Page 129, Sub-section a. and b. in- dicate that multiple residential uses shall be permitted in designated zones within the limites of definitive development standards. These uses should be allowed in close and convenient prokimity to Central Oregon District in Hospital and should be considered an appropriate use in some commercial areas, especially near necessary shopping facilities for the purpose of energy conservation, elderly housing and downtown revitalization The applicant has established through documentation that this property size is 17.9 acres and that a R-5 zone actually relates better the parcel than the current zoning of R-4. The property is adjacent to commercial zoning on two sides, and borders the U.S. Highway 126, as well as S.W. 23rd Street, a residential collector street. In addition, the Redmond Urban Area Comprehensive Plan residential inventories (p.34-38) indicate a shortage of buildable land available for multiple family housing as an outright use. The proposed re-zoning is needed to improve that inventory. The applicant has satisfied this condition. DECISION: APPROVAL, subject to the following conditions: 1. Prior to the issuance of any building permits, a site plan shall be approved. 2. That the development shall have no direct access to Highway 126. DATED this 4 day of December, 1981. This decision shall become final 15 appealed to the Planning Commission Ivcy.er Avedmv_ech HEARINGS OFFICER MA:ch cc:Planning Commission Planning Department Fred Easterbrooks Z-81-20 - FRED EASTERBROOKS - PAGE 2 days after the date mailed, unless by a party of interest.