HomeMy WebLinkAbout89-005a '
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89-03'_D43 t
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordi- * ®095 0662
nance No. PL -20, Deschutes
County Year 2000 Comprehensive*µ'.
Plan, As Amended, By Changing *
the Zoning on a Certain Parcel* Cl_ t"
From Light Industrial to High-* rr1l
way Commercial, and Declaring * "°
an Emergency.
ORDINANCE NO. 89-005
c>
WHEREAS, Shopko Stores, Inc. proposed the redesigna-tion of
certain property from Light Industrial to Highway Commercial; and
WHEREAS, notice of hearing was given in accordance with law;
and
WHEREAS, the Hearings Officer recommended the proposed zone
change and redesignation of property by decision dated December
23, 1988; and
WHEREAS, the decision of the Hearings Officer has not been
appealed; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Ordinance No. PL -20, the Deschutes County Year
2000 Comprehensive Plan, as amended, is further amended to
redesignate that certain property described in Exhibit "A" and
depicted on the map marked Exhibit "B", from Light Industrial to
Highway Commercial.
Section 2. The Board of County Commissioners adopts as its
findings and conclusions in support of the plan amendment, the
Findings and Decision of the Hearings Officer, dated December 23,
1988, relating to Plan Amendment Application No. PA -88-2, marked
Exhibit "C", attached hereto and by this reference incorporated
herein.
Section 3. 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.
1 - ORDINANCE NO. 89-005
MAR -1 1989
DATED this a2nk day of C1 , 1989.
AT T:
Recording Secretary
2 - ORDINANCE NO. 89-005
0095 0663
BOARD OF COUNTY COMMISSIONERS
0095 0664
EXHIBIT A
A tract of land located in the Northwest 1, Southwest 1, Section 21,
Township 17 South, Range 12 East, Willamette Meridian, Deschutes County,
Oregon, described as follows:
Commencing at the West one-quarter corner of said Section 21, thence along the
quarter section line, S 89° 54' 54" E, 389.03 feet; thence continuing
S 89° 54' 54" E, 485.00 feet to the westerly right-of-way of the Oregon Trunk
Railway; thence along said right-of-way, S 00° 17' 31" W, 579.61 feet;
thence West 134.69 feet to the easterly right-of-way of the Swalley A-1 Lateral
Canal; thence West, 12.50 feet, more or less, to the centerline of said canal;
thence along said centerline, N 66° 57' 47" W, 232.43 feet; thence S 87° 51' 09" W,
80.06 feet; thence S 620 08' 20" W, 79.17 feet; thence S 29° 42' 31" W, 192.17 feet;
thence S 220 20' 26" W, 20.94 feet to the true point of beginning of this description:
thence continuing S 22° 20' 26" W, 60.89 feet;
thence N 67° 39' 34" W, 12.50 feet more or less to the westerly right-of-way
said canal;
thence N 78° 20' 27" W, 129.89 feet to the easterly right-of-way of the
Swalley Canal;
thence S 68° 41' 00" W, 30.00 feet more or less to the centerline of said
canal;
thence along said centerline N 21° 19' 00" W, 188.34 feet to the West line
of said Section 21;
thence along the West line of said Section 21, S 00° 20' 24" W (Deed
S 00° 22' 59" W), 59.37 feet;
thence S 24° 21' 02" E, 72.56 feet;
thence S 110 56' 42" E, 149.47 feet;
thence S 64° 47' 07" E, 78.78 feet;
thence S 45° 41' 47" E, 71.93 feet:
thence S 18° 25' 47" E, 71.64 feet;
thence S 82° 01' 20" E, 52.75 feet;
thence N 00° 07' 49" W, 291.04 feet to the true point of beginning.
In addition, the following tract of land is also included:
A tract of land located in the Northwest 1, Southwest 1, Section 21,
Township 17 South, Range 12 East, Willamette Meridian, Deschutes County,
Oregon, described as follows:
Commencing at the West one-quarter corner of said Section 21, thence along the
quarter section line, S 89" 54' 54" E, 389.03 feet; thence continuing
S 89" 54' 54" E. 485.00 feet to the westerly right-of-way of the Oregon Trunk
Railway; thence along said right-of-way, S 00" 17' 31" W, 579.61 feet;
thence West, 134.69 feet to the easterly right-of-way of the Swailey A-1 Lateral
Canal; thence West, 12.50 feet, more or less, to the centerline of said canal;
thence along said centerline, N 66" 57' 47" W, 232.43 feet; thence S 87" 51' 09",W,
80.06 feet; thence S 62" 08' 20" W, 79.17 feet to the true point of beginning:
thence S 29" 42' 31" W. 192.17 feet;
thence S 22°.20' 26" W, 81.83 feet;
thence N 67" 39' 34" W, 12.50 feet more or less to the westerly right-of-way
of said canal;
thence N 78" 20' 27" W, 129.89 feet to the easterly right-of-way of the
Swaliey Canal;
thence S 68° 41' 00" W, 30.00 feet more or less to the centerline of said
canal;
thence along said centerline, N 21° 19' 00" W. 231.43 feet;
thence N 17" 52' 00" E, 170.11 feet;
thence N 64" 17' 00" E, 149.83 feet;
thence N 11" 18' 00" E, 155.05 feet;
thence N 43" 09' 00" E, 48.60 feet;
thence S 46° 51' 00" E, 30.00 feet to the easterly right-of-way of said
canal;
thence S 00" 07' 49" E, 387.24 feet;
thence N 89" 52' 11" E, 103.62 feet to the true point of beginning.
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PLANNING STAFF ��■
REPRESENTATIVE:
BURDEN OF PROOF: The applicant must establish that.the proposed
application is in conformance with the
following sections of the Deschutes County
Planning Ordinance: Section .19 of PL -11, the
Bend Urban Growth Boundary Zoning Ordinance,
Section 29 .of PL -11,, the Deschutes County
Zoning Ordinance, Section 33 of PL -11 and the
Bend Area General Plan.
PRELIMINARY FINDINGS
1. LOCATION:
The subject property is located immediately north of the
Bend River Mall adjacent to Highway 97 and Bend. River Mall
Avenue. Surrounding land uses. include the Mall, three
motels, restaurants, gas stations and other .commercial
businesses.
2. ZONE:
The subject property is zoned Highway Commercial and Light
Industrial.
HEARING AND EXHIBITS
The hearing was held on the above -referenced application on
December 20, 1988. The following exhibits make up the record in
this matter:
A. Application;
B. Preliminary Site Plan;
C. Burden of Proof Statement;
D. Staff Report;
E. DOT Highway Division letter dated December 2, 1988;
-1- FINDINGS, DECISION AND RECOMMENDATION
xtt/'�It , .t
EXHIBIT
.W.'
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DECISION AND !RECOMMENDATION
FILE NOS.
- PA -88-2; ZC-88-6; CU -88-149 '-` RF. C E I V E D
APPLICANT:
Shopko Stores, Inc. ULU Z 7 1988
2800 South Ashland
P. 0. Box 19060
Green Bay, WI 54307-9060*$.
REQUEST:
Applications for a Plan Amendment and Zone
change to change the Plan Designation and
Zoning on a parcel from Light Industrial to
Highway Commercial and a Conditional Use
Permit for a Department Store in a Highway
:.4.
Commercial Zone..-.-�'
PLANNING STAFF ��■
REPRESENTATIVE:
BURDEN OF PROOF: The applicant must establish that.the proposed
application is in conformance with the
following sections of the Deschutes County
Planning Ordinance: Section .19 of PL -11, the
Bend Urban Growth Boundary Zoning Ordinance,
Section 29 .of PL -11,, the Deschutes County
Zoning Ordinance, Section 33 of PL -11 and the
Bend Area General Plan.
PRELIMINARY FINDINGS
1. LOCATION:
The subject property is located immediately north of the
Bend River Mall adjacent to Highway 97 and Bend. River Mall
Avenue. Surrounding land uses. include the Mall, three
motels, restaurants, gas stations and other .commercial
businesses.
2. ZONE:
The subject property is zoned Highway Commercial and Light
Industrial.
HEARING AND EXHIBITS
The hearing was held on the above -referenced application on
December 20, 1988. The following exhibits make up the record in
this matter:
A. Application;
B. Preliminary Site Plan;
C. Burden of Proof Statement;
D. Staff Report;
E. DOT Highway Division letter dated December 2, 1988;
-1- FINDINGS, DECISION AND RECOMMENDATION
K.
L.
M.
N.
0095 066.9
Engineering eportsregarding building requirements;
Findings and Decision, TU -88-42;
Brian Morgan'letter dated November 22, 1988;
Maps of the subject parcel;
City of Bend Fire Department transmittal dated November
10, 1988;
Public Works Memorandum;
Transportation impact analysis; i
Memorandum regarding meeting of architects and City and
County officials;
Photographs of a Shopko store
FINDINGS OF FACT
Fw *a ••9 k11
1. The applicant is proposing' to rezone a small portion of an
existing parcel from Light Industrial to Highway
Commercial. The applicant is proposing to relocate an
existing irrigation canal; the zoning on the west side of
the canal is Highway Commercial and the zoning on the east
side of the canal is Light Industrial. The proposed
relocation of the canal will allow the zone on the west to
remain Highway Commercial. The area to be rezoned is
approximately one acre in size.
2. The applicant is proposing to locate a large department
store, with other smaller retail businesses, on the subject
site. A department store is listed as a Conditional Use in
the Highway Commercial Zone. A Site Plan application has
been submitted in conjunction with the Plan Amendment/Zone
Change and Conditional Use applications. In addition, a
Temporary Use Permit (TU -88-42W has been approved for the
beginning of excavation of the site.
3. Standards for Zone Change. The Burden of Proof is upon the
one seeking change. The degree of that burden increases
proportionately with the degree of impact of the change
which is sought. The applicant shall in all cases
establish:
a. Conformance with the Comprehensive Plan.
b. Conformance with all applicable statutes.
c. Conformance with Statewide Planning Goals wherever they
are determined to be applicable.
d. That there is a public need for a change of the kind in
question.
e. That the need will be best served by changing the
classification of the particular piece of property in
question as compared with other available property .
"Available Property" is definited in Procedural
Ordinance PL -9.
-2- FINDINGS, DECISION AND RECOMMENDATION
The proposed development of thi site for a large department
store and satelite shops is a ute that requires a large site
and highway access. The site will draw many patrons on any
given day and direct access to an arterial such as Highway
97 will allow the public to enter and exist the site on a
consistent basis. The site currently has some development
constraints, such as the existing rock outcropping and
irrigation canal, which the applicant intends to rectify.
The subject property appears to be suited for a large
development of this type.
5. The Bend Area General Plan and implementing Zoning Ordinance
were adopted according to State Law requirements and are
acknowledged by LCDC. All applicable statutes are met and
will be met by the proposed Plan Amendment/Zone Change.
The Bend Area General Plan and implementing Zoning Ordinance
were acknowledged by the Land Conservation and Development
Commission and are the overall guiding documents for land
use planning for the Bend Urban Area. The specific
Statewide Planning Goals that may apply appear to be Citizen
Involvement, Land Use Planning, and Urbanization. The
County has adopted a Zoning Ordinance and Procedures
Ordinance to establish uses allowed and procedures to be
followed for all land use actions. The procedures include
-3- FINDINGS, DECISION AND RECOMMENDATION
0095 '06t
The Bend Area General Plan was adopted to guide development'
in the Bend Urban Area., The Plan included a map designating
zones throughout the Urban Area, including commercial,
industrial and residential, as well as schools, parks and
areas of special consideration, such as significant natural
features. The Plan and implementing Zoning Ordinance
utilizied natural barriers in certain instances for
designating zones and drawing lines between those zones. In
this particular instance the irrigation canal was used as a
natural barrier for differentiating between two zones,
Highway Commercial and Light Industrial. The Light
Industrial area continues on to the railroad tracks to the
east, and beyond to the Bend Industrial Park to the east of
the tracks. Much of this Light Industrial zoned land is
still vacant. Utilizing one acre of Light Industrial land
for commercial development adjacent to a canal that is to be
relocated is in conformance with the Plan.
4.
The intent of the Highway Commercial zone is designated as
follows:
Purpose. This zone is intended to provide for those uses
which have large site requirements, or are oriented to
highway access, or provide service to the traveling public,
or. are dependent on thoroughfare travel. In addition,
Highway Commercial zones can include limited commercial uses
and commercial recreation facilities.
The proposed development of thi site for a large department
store and satelite shops is a ute that requires a large site
and highway access. The site will draw many patrons on any
given day and direct access to an arterial such as Highway
97 will allow the public to enter and exist the site on a
consistent basis. The site currently has some development
constraints, such as the existing rock outcropping and
irrigation canal, which the applicant intends to rectify.
The subject property appears to be suited for a large
development of this type.
5. The Bend Area General Plan and implementing Zoning Ordinance
were adopted according to State Law requirements and are
acknowledged by LCDC. All applicable statutes are met and
will be met by the proposed Plan Amendment/Zone Change.
The Bend Area General Plan and implementing Zoning Ordinance
were acknowledged by the Land Conservation and Development
Commission and are the overall guiding documents for land
use planning for the Bend Urban Area. The specific
Statewide Planning Goals that may apply appear to be Citizen
Involvement, Land Use Planning, and Urbanization. The
County has adopted a Zoning Ordinance and Procedures
Ordinance to establish uses allowed and procedures to be
followed for all land use actions. The procedures include
-3- FINDINGS, DECISION AND RECOMMENDATION
6. The applicant has stated that the proposed development must
utilize an area larger than the existing property, thus
requiring a relocation of the existing irrigation canal.
The applicant also must excavate the subject site, as it is
very large rock outcropping lying several feet above the
highway. The need for the canal relocation and consequent
zone change stem from the size of the proposed
development. The developer apparently requires more space
to allow for the size of the proposed store and parking.
The site appears to be one of -the only remaining larger
Highway Commercial.sites for this type of development in the
Bend area and is also adjacent to the Bend City Limits.
7.
The need for the proposed zone change is necessitated by the
size of the development. The developer has submitted a Site
Plan showing the layout of the proposed store and satelite
shops, with two pads f or restaurant or other commercial
uses. The canal relocation ill be a large and involved
operation requiring. the expenliture of funds not normally
associated with developments in_general.
'It appears the Irrigation District and Watermaster's Office
will approve the relocation if'Ncertain conditions are met.
The proposed development will be best served by the zone
change from Light Industrial to Highway Commercial for the
approximately one -acre portion of property that will extend
f rom the west boundary of the existing canal to the west
boundary of the relocated canal. This Light Industrial
,zoned property currently has inadequate access for
development and this zone change should not adversely affect
its potential for future development.
8. The applicant's market studies have -indicated a need for
additional retail shopping in the Bend Urban Area. This
particular site is well located and appropriately zoned for
the site.
This need can be served by change in classification of a
particular piece of property in question. It will allow for
a location of the property that minimizes the impact on the
North Highway 97, it provides adequate access for both
commercial deliveries as well as customers and it allows the
-4- FINDINGS, DECISION AND RECOMMENDATION
0095
0671
�"�'��=notice �to all �� adjoining
property,owners and legal notice
in
r.E,
"°the" "local 'paper for -all
actions subject to a
public
-hearing. A sign must also be posted on the subject
property
indicating notice of a
proposed land use action.
These
requirements allow for
citizen involvement in all
land use
planning actions. The
Zoning established for,the
subject
property was established through a similar procedures and
.
the development of this
parcel for a dbmmercial use
allows
for continued urbanization of the Bend Urban Area.
6. The applicant has stated that the proposed development must
utilize an area larger than the existing property, thus
requiring a relocation of the existing irrigation canal.
The applicant also must excavate the subject site, as it is
very large rock outcropping lying several feet above the
highway. The need for the canal relocation and consequent
zone change stem from the size of the proposed
development. The developer apparently requires more space
to allow for the size of the proposed store and parking.
The site appears to be one of -the only remaining larger
Highway Commercial.sites for this type of development in the
Bend area and is also adjacent to the Bend City Limits.
7.
The need for the proposed zone change is necessitated by the
size of the development. The developer has submitted a Site
Plan showing the layout of the proposed store and satelite
shops, with two pads f or restaurant or other commercial
uses. The canal relocation ill be a large and involved
operation requiring. the expenliture of funds not normally
associated with developments in_general.
'It appears the Irrigation District and Watermaster's Office
will approve the relocation if'Ncertain conditions are met.
The proposed development will be best served by the zone
change from Light Industrial to Highway Commercial for the
approximately one -acre portion of property that will extend
f rom the west boundary of the existing canal to the west
boundary of the relocated canal. This Light Industrial
,zoned property currently has inadequate access for
development and this zone change should not adversely affect
its potential for future development.
8. The applicant's market studies have -indicated a need for
additional retail shopping in the Bend Urban Area. This
particular site is well located and appropriately zoned for
the site.
This need can be served by change in classification of a
particular piece of property in question. It will allow for
a location of the property that minimizes the impact on the
North Highway 97, it provides adequate access for both
commercial deliveries as well as customers and it allows the
-4- FINDINGS, DECISION AND RECOMMENDATION
9, A review of the request demonstrates that the applicant has
attempted to square off its property ownership allowing
better utilization of the land. This change will'also be of
benefit to the light industrial property to the east. The
use of the particular piece of propel-ty that is being
rezoned would be severely limited based upon its location in
relation to the canal itself. The relocated canal will
allow the property to be better -utilized by squaring up the
boundaries. This also benefits the light industrial
property to the east.
10.' 'Assuming the Plan Amendment and Zone Change are approved,
the applicant is also seeking a Conditional Use Permit for a
department store in a Highway Commercial Zone.
The general Conditional Use Permit criteria are set forth in
Section 29 (3) of PL -11. The general criteria are:
a. That the location, size, design and operation
characteristics of the proposed use are such
that it will have minimal adverse impact on
the property value, liveability and
permissible development of the surrounding
area.
The surrounding property development is generally commercial
in nature. The properties to Ve south are the Bend River
Mall Shopping Center, the properties to the east are owned
by the applicant and will be developed for industrial uses.
The property along the Dalles-Calif ornia Highway 97 is also
Highway Commercial oriented towards the traveling public or
relying on highway access.
The development should not have any impact on either
property values or permissible development of the
surrounding area.
11. The size of the store and shops should be consistent with
the existing Bend River Mall development and also the other
commercial uses in the vicinity. The development will
create additional traff is in the area and it appears a new
stoplight will be required to accommodate the traffic flow
for the site. There is permissible development that may
occur in the future should not be adversely affected by this
development. The zoning in the vicinity is either Highway
Commercial or Light Industrial, and the proposed shopping
center fits the character of the area.
-5- FINDINGS, DECISION AND RECOMMENDATION
y r�»
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D }.
` 4
005 06
IZ�here"`�maybesome a'adverse; impact `;on. the liveability of some . r`
adjoining "residences to the north. These residences are
located within the commercially zoned property. The
applicant will be required to screen the development from
those uses to the greatest extent possible in the Site Plan
process.
13. The existing streets appear to be adquale to accommodate the
development. Highway 97 is a four lane arterial serving the
Bend area and beyond and Bend River Mall Avenue serves only
the Mall, and an existing antique shop next to the Mall.
Any improvements to Highway 97 or Bend River Mall Avenue
`required by the State Highway Division or County Public
Works Department must be completed by the applicant. The
applicant will be required to dedicate right-of-way in the
rear portion of the property for a frontage road. The size
and location of the right-of-way will be determined by the
State Highway Division and County Public Works.
14. The Site Plan submitted by the applicant is not complete at
this point with regard to a detailed grading plan or
landscape plan..
The applicant intends to lower the existing mound of rock
outcropping and fill in the lower areas to establish
building sites, parking areas, accessways, and proper
drainage for the parking areas. There has been much concern
expressed over the maintenance of the large Ponderosa Pine
_trees located near the existin antique shop (Old Homestead)
and the irrigation canal. here has also been concern
expessed over the preservation of the natural landscape
along -Highway 97 at the front of this property. These
details must be. worked out in order for Site Plan approval
to be -obtained. It appears tthat with an agreement for
preservation ad landscaping, the proposed development will
have an aesthetically pleasing environment that will be
consistent with the given setting.
15. There are -no other zones within the Bend Urban Area that
allow a development of this type. The Highway Commercial
Zone is intended for uses which require large sites and are
oriented to highway access and thoroughfare travel.
16. This traffic will necessitate the installation of a new
stoplight in this area, to facilitate ingress and egress for
the development. This will have some effect on the movement
• of vehicles through the North Highway 97 corridor. The
Planning Division believes that the proposed development
should not have an adverse impact or interfer with uses
permitted outright in the Highway Commercial zone. it will
bring increased traffic to the area, but it should also
create additional patrons to other businesses in the area,
such as the mall, restaurants and gas stations. This should
-6- FINDINGS, DECISION AND RECOMMENDATION
0y547
,,.
support the t' -4 businesses,'but to what extent is unclear.
17. At the hearing, .11 it was indicated that a number of issues can
be deferred until the pipeline is sent back for hearing.
These include the issues of a traffic light, expansion of
Bend River Mall Drive, landscaping, parking 'and other
related issues. The Hearings Officer finds that under those
circumstances it appropriate to deter many of the
recommended conditions until the Site Plan process is
initiated and use that procedure for review of those
conditions.
18. At the hearing concern was also expressed by neighbors to
the north of the development as to the delivery of had
irrigation water. The applicant indicated that'it had been
working with the Swalley Irrigation District to insure
relocation of irrigation laterals and insure that those
residents will receive water in a manner equal to or better
than their current delivery system. This concern will be
addressed as a condition for the Conditional Use Permit.
CONCLUSIONS
BASED UPON the above , Findings :of Fact, the Hearings Officer
hereby recommends APPROVAL of the'' Zone Change and Plan Amendment
to the Board of Commissioners and hereby APPROVES the Conditional
Use Permit subject to final approval of the Zone Change and Plan
Amendment and the following conditions:
1. The applicant shall submit a legal description for the
proposed canal .relocation to establish a` -new zoning
boundary for the subject property.
2. A Lot Line Adjustment shall be completed for the subject..
property to consolidate the thew boundary of the canal.
3. The applicant shall meet all requirements of approval of
SP -88-75.
4. The applicant shall dedicate right-of-way for a frontage
road on the subject property. The amount of right-of-
way and its location will be determined by the State
Highway Division and the Deschutes County Public Works
Department.
-7- FINDINGS, DECISION AND RECOMMENDATION
't
0095 0675
The. applicant ',shall ,-r,relocate the ;.irrigation. delivery
systems f or the "'res"idents _u<..,
' y dents generally north of the
development. These- residents include, but are not
h limited to, Norma Handing, Francis Hauth, Donald Larson
and Lois Carter. The applicant shall be required to
coordinate the delivery of irrigation , water to
properties affected by the relocation of the laterals
and the Swalley Canal with the residents and the Swalley
.Irrigation District.
THIS DECISION BECOMES FINAL 10 DAYS FROM THE DATE MAILED, UNLESS
APPEALED.
DATED and MAILED this 23rd day'. -of December, 1988.
EDWARD P. FITCH
Hearings Officer
cc: BOCC
Deschutes County Planning Commission
Deschutes County Planning Director
Norma J. Handing
Francis Hauth
Donald Larson
Lois Carter
Robert S. Lovlien
Mike Freeman
-8- FINDINGS, DECISION AND RECOMMENDATION