1994-45819-Ordinance No. 94-056 Recorded 11/10/199494-4S819
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
i-�
An Ordinance Repealing PL -1, as Amended, *a
and Adding a New Chapter 2.52 to the County *,
Code Concerning the County Planning
Commission and Declaring an Emergency.
ORDINANCE NO. 94-056
WHEREAS, the Board of County Commissioners adopted Ord' tic ..No.
PL -1 concerning the County Planning Commission, effective ;,iiai 1,
1968; and
WHEREAS, PL -1 as it has been amended from time to time remains the
authority under which the Planning Commission operates; and
WHEREAS, it is desirable to update the Planning Commission's
authority to be consistent with current practice and the Bend Urban
Area Planning Commission ordinance and to reformulate such authority
for codification in the County Code; and
WHEREAS, hearings with notice as required by law have been held
before the Planning Commission and the Board of County Commissioners on
this ordinance; now, therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS as follows:
Section 1. Repeal of PL -1. Deschutes County Ordinance PL -1, as
amended, concerning the Deschutes County Planning Commission, is hereby
repealed.
Section 2. Adoption of Chapter 2.52. A new chapter, Chapter
2.52, "Deschutes County Planning Commission," as set forth in Exhibit
A attached hereto and by this reference incorporated herein, is added
to and made a part of the Deschutes County Code, to replace PL -1, as
amended.
Section 3. Existing Planning Commission Retained. Nothing in
this ordinance shall alter the terms of office of the existing Planning
Commission members, appointed under PL -1, as amended. Consistent with
their appointment under PL -1, and as validated by this enactment, the
terms of the existing Planning Commission members or Planning
Commission seats are as follows:
Ted Schassberger (June 30, 1995)
Elwin Ross (June 30, 1995)
Meaghan Dobert (June 30, 1996)
Everett Turner
Beverly Toney
(June 30, 1996)
(June 30, 1997)
1 - ORDINANCE NO. 94-056 (November 9, 1994)
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Eric Dolson (June 30, 1998) 11137-13;6,; J
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Andy Tillman (June 30, 1998)
Section 4. Replacement of Ordinance 94-048. This ordinance shall
take the place of Ordinance 94-048, which was signed in error on
November 2, 1994, and recorded in error in the Commissioner's Journal
in Book 137, Page 1213 as document 94-44379. Ordinance 94-056 is the
same as ordinance 94-048.
Section 5. Authority for Previous Actions Retained. Nothing in
this enactment shall affect the continuing authority of the Planning
Commission concerning any matter that the Planning Commission currently
has before it or on which it has taken action under pre-existing
ordinance authority. Nothing in this ordinance shall affect the
liability or rights of any person under any action taken by the
Planning Commission under pre-existing ordinance authority.
Section 6. Codification. County Legal Counsel shall have the
authority to format the provisions contained herein in a manner that
will integrate them into the County Code consistent with Legal
Counsel's form and style for ordinance codification. Such codification
shall include the authority to make format changes, to make changes in
numbering systems and to make such numbering changes consistent with
interrelated code sections. In addition, as part of codification of
these ordinances, County Counsel may insert appropriate legislative
history references. Any legislative history references included herein
are not adopted as part of the substance of this ordinance, but are
included for administrative convenience and as a reference. They may
be changed to correct errors and to conform to proper style without
action of the Board of County Commissioners.
Section 7. 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 q day of November, 1994.
BOARD OF COUNTY COMMISSIONERS
v DESCHUTES COUNT , OREGON
NANCY PriPE ICHLANGEN, Chai
ATT TO"HROOP, C issioner
IA"I;% 4hf{ll-I
Recording Secretary BARRY IY. SLAUGHTER, Commissioner
2 - ORDINANCE NO. 94-056 (November 9, 1994)
Exhibit A to 0137-1 2
Ordinance 94-056
CHAPTER 2.52
DESCHUTES COUNTY PLANNING COMMISSION
2.52.010 Created - Jurisdiction.
There shall be a Deschutes County Planning Commission
("commission"). It shall be the Planning Commission for the
unincorporated area of the county outside the adopted Urban Growth
Boundaries of the Bend, Redmond and Sisters Urban Areas.
2.52.020 Membership - Qualifications.
A. The commission shall be composed of seven members,
appointed by the Board of County Commissioners, who reside within
the County.
B. No more than two members may be engaged in the same kind of
occupation, business, trade or profession, or be members, officers
or employees of any partnership or corporation that engages
principally in the buying, selling or developing of real estate for
profit.
C. No commission member shall serve more than two full terms
or ten years, whichever is greater, except that the Board of County
Commissioners may extend the term of a planning commission member to
complete a project which commenced prior to expiration of the term.
In no case shall such extension exceed six months.
D. The membership of the commission shall, as much as
possible, be representative of the various geographic areas of the
county. This should generally consist of the following: One member
from the South County area of LaPine and Sunriver (Townships 19-22);
two members from the Bend area ( Townships 17 and 18) ; one member
from the Tumalo area (Townships 16, Ranges 11 or 12) ; one member
from the Sisters area (Townships 14 or 15, Ranges 9, 10 and 11); one
member from the Redmond area (Townships 14 or 15, Ranges 12 or 13);
and one member at large. Failure to achieve such geographic
representation shall not affect the validity of any action taken by
the Planning Commission.
2.52.030 Expense reimbursement.
Commission members shall receive no compensation, but shall be
reimbursed for authorized expenses.
2.52.040 Removal from office - Conditions.
A member of the commission may be removed by the Board of
County Commissioners for findings of misconduct, non-performance of
duty, or three consecutive unexcused absences from regular meetings.
Page 3 - Exhibit A to 94-056 (November 9, 1994)
2.52.050 Vacancy filling.
Vacancies on the commission shall be filled by the Board of
County Commissioners for the unexpired term of the predecessor in
office. Vacancies in the commission created by the expiration of a
member's term shall be filled by the Board of County Commissioners
for a term of four years. The terms of office shall start on
July 1.
Oi 3`7.13,
2.52.060 Chair and Vice -Chair.
At its first meeting in January of each year, the commission
shall elect from among its membership a chair and a vice -chair. No
commissioner shall be chair for more than two consecutive years.
2.52.070 Meeting schedule.
The commission shall hold at least one regular meeting each
month at a time and place fixed by it.
2.52.080 Quorum, rules and procedures.
A majority of the members of the commission shall constitute a
quorum. The commission may establish rules, regulations and
procedures for its operation consistent with applicable laws of the
state and the county.
2.52.090 Conflicts of interest.
A member of the commission shall not participate in any
commission proceeding or action in which any of the following have
a direct, substantial financial interest: the member or his or her
spouse, brother, sister, child, parent, father-in-law, mother-in-law
or any business which he or she is negotiating for or has an
arrangement or understanding concerning prospective investment or
employment. Any actual or potential interest shall be disclosed at
the meeting of the commission where the matter is being considered.
2.52.100 Powers and duties.
A. The commission shall have the following duties.
1. To carry out a comprehensive planning program, using
citizen input and public hearings when appropriate, within its area
of jurisdiction and to coordinate its activities with other
jurisdictions, planning bodies and districts;
2. To review at its discretion land use decisions of the
Hearings Officer within its jurisdiction under Deschutes County
ordinances;
Page 4 - Exhibit A to 94-056 (November 9, 1994)
3. To act as the citizen involvement committee under the
Deschutes County Comprehensive Plan, PL -20 and advise the Board of
County Commissioners on citizen involvement programs; to study and
propose such measures as are advisable for promotion of the public
interest, health, safety, comfort, convenience and welfare within
the geographic area of the Commissions' jurisdiction.
2.52.110 Advisory duties.
The commission may:
A. Recommend and make suggestions to the Board of County
Commissioners and other public authorities concerning the laying
out, widening, extending and locating of public thoroughfares,
parking of vehicles, relief of traffic congestion, betterment of
housing and sanitation conditions, and establishment of districts
for limiting the use, height, area, bulk and other characteristics
of buildings and structures related to land development within the
county.
B. Recommend to the Board of County Commissioners, and other
public authorities, plans for regulating the future growth,
development and beautification of the county, and development within
the county of proper sanitation, public utilities, transportation
facilities and appropriate incentives for overall energy
conservation;
C. Recommend to the Board of County Commissioners, and other
public authorities, plans for the promotion, development and
regulation of the economic needs of the community.
D. Evaluate and make recommendations to the Board of County
Commissioners, and other public authorities, on the regulation,
conservation and use of natural resources.
2.52.120 Staff services.
The County Planning Staff is responsible for preparing staff
reports and submitting them to the commission. The staff shall
prepare public notices and set agendas for the Planning Commission.
The staff shall keep minutes, findings and reports of the Planning
Commission as public records. The County Planning Director and
County Legal Counsel or their respective designees may serve as ex -
officio, non-voting members of the Planning Commission.
Page 5 - Exhibit A to 94-056 (November 9, 1994)