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
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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