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42-41-Ordinance No. 82-020 Recorded 4/22/1982'4L BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, F I L An Ordinance Amending Ordin- ance No. PL-11, Bend Urban Growth Boundary Zoning Ordin- ance, Rezoning Certain Pro- perty from Residential-Urban Low Density (RL) Zone to Commercial-Highway (CH) Zone and Declaring an Emergency. OREGON E APR 221982 ROSE ~_ESCyV SRCOVNTERSO N . CLERK ORDINANCE NO. 82-020 WHEREAS, Oregon Department of Fish and Wildlife have proposed a rezoning of certain property from Residential-Urban Low Density (RL) Zone to Commercial-Highway (CH) 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 January 26, 1982; and WHEREAS, the Hearings Officer recommended that the property be rezoned from Residential-Urban Low Density (RL) Zone to Commercial-Highway (CH) Zone by decision dated February 8, 1982; 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. That Ordinance No. PL-11, Bend Urban Growth Boundary Zoning Ordinance is amended to change the zoning from Residential-Urban Low Density (RL) Zone to Commercial-Highway (CH) Zone for the parcel of real property described as: Tax Lot 1401, Section 8D, Township 18 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon; and depicted on the map marked Exhibit "A", attached hereto and by this reference incorporated herein. 1 - ORDINANCE NO. 82-020 Section 2. To adopt as the Board of County Commissioners Findings and Conclusions, the findings and decision of the Hearings Officer dated February 8, 1982, relating to Zone Change Application Z-81-27, 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, ad this ordinance takes effect on its passage. DATED this day of 1982. BOARD OF COUNTY COMMISSIONERS OF /DES UTES COUNT OR PAR'D, -Chairman ALBERT A. YOUNG,ACommisszoner C.-PAULSON, JR.,Comwarssioner ATTEST: LI BETH C. ~AOUN61 Re rding Se retary 2 - ORDINANCE NO. 82-020 18- 12-8D Tax Lod 140 4 2 4 3 ~regon Depcxr rf,ch} 0~'Vasil ahd W;Ic1II*f 376.7z' N.89053'4a w. T54 33" .s 9 300 ti 1402 ib 1400 S. ° t' 4074' ..N a _ 2300 L 3 L o . N Sub~«~- Av n0 N 0 Pr peA~A 'CHASE S. 6 9* 25 Op" V1. 754. 74' 4~ bo• d ROAD 5. 146. SO' Go. b" 5.89°25 'oo•'w. 405. 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N 11 , N o . 5500 ci-i FILE NO: APPLICANT: REQUEST: PLANNING STAFF VOL FAGS HEARINGS OFFICER n0099 DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701 ).-1 FEb 1JO[ TELEPHONE (503) 388.6626 o MAILED ES i A iy COUMV `r~ .f:1s7 FINDINGS AND DECISION Z-81-27 Oregon Department of Fish and Wildlife A zone change application from RL, Urban Low Denisty Residential to CH, Highway Commercial. REPRESENTATIVE: Craig Smith PLANNING STAFF RECOMMENDATION: Approval PUBLIC HEARING: The public hearing was held in room 106, Deschutes County Courthouse Annex, Bend, Oregon on Tuesday, January 26, 1982 at 7:00 P.M. An oral decision was rendered at that time. BURDEN OF PROOF: FINDINGS: In order to receive approval of this request the applicant must meet the criteria set forth in Section 33 of the Zoning Ordinance of the Bend Urban Area of Deschutes County and the Procedural Ordinance of Deschutes County, PL-9. 1. LOCATION: The subject property is located the southeast corner of Parrell Road and Chase Road easterly of Highway 97 and is further described as Tax Lot 1401, Township 18 south, Range 12 east, Section 8D. 2. ZONE: The property is located in RL, Urban Low Denisty Residential zoning. 3. COMPREHENSIVE PLAN DESIGNATION: CH, Highway Commercial. 4. SITE DESCRIPTION: The subject property is approximately 2.86 acr currently includes office space, parking area, Access to the property is off Parrell Road and Z-81-27 - OREGON DEPARTMENT OF FISH AND WILDLIFE - es in size and workshop and a garage. Chase Road. 'W If PAGE 1 f A y;L ` ~A CONCLUSIONS: The applicant has addressed the criteria set forth in Section 33 of the Deschutes County Zoning Ordinance of the Bend Urban Area and PL-9 of Deschutes County Procedural Ordinance . 1. The intent of the plan is to avoid problems associated with strip development, such as conjestion, too much access to the arterial street or highway. It is also the intent of the Comprehensive Plan to allow commercial development access onto frontage roads or onto enterior roads in that access onto the highway or arterial will be limited. Points of access will be encouraged that provide for adequate and safe entrances and exists and that favor right turns and merging over the use of signalization. This proposed request will not result in an extension of strip commercial or be considered as a "new strip commercial" in that a structure capable of being used for commercial purposes already exist on the property. The subject site is recognized on the Comprehensive Plan as ultimately being used for commercial pur- poses. The subject property already has existing access onto Parrell Road and Chase Road and via Powers Road to. Highway 97. Thus, again, satisfying, the conditions of the Comprehensive Plan. This particular facility used by the Oregon Department of Fish and Wildlife has been used for non-residential purposes for the last 22 years. The applicant simply wishes to change this property to allow expansion of this facility to utlize the commercial aspect of their facility. This expansion will allow them to operate their office in a more efficient manner. This change will not alter the nature or character of the area as this site has been in existence for many years and is currently being used for this purpose. The timing is appropriate to allow the zone change to conform to the Comprehensive Plan. DECISION: APPROVAL DATED this S day of February, 1982. This decision becomes final fifteen (15) days after the date mailed, unless appealed to the Planning Commission by a party of interest. M1 f Avedb ec HEARINGS OFFICER MA:ch ,cc: File, Planning Department, Planning Commission. Oregon Department of Fish and Wildlife 7-R1 _?7 - PA r_ 7