1998-45618-Ordinance No. 98-053 Recorded 8/31/1998169 - 0471
98-4561'y
REVI
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COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUT%OUNTY, OREGON
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An Ordinance Amending Deschutes County Code * u ,. U,r 3 8; /4
Chapter 2.20, Bend Urban Area Planning Commission,
and Declaring an Emergency. * ` v ,v nL ERR lv
ORDINANCE NO. 98-053
WHEREAS, the City of Bend and Deschutes County have through an intergovernmental
agreement transferred planning authority within the Bend Urban Area to the City of Bend; and
WHEREAS, City and County agree that pursuant to that agreement the Bend City Council will
should have the power to appoint all members of the Bend Urban Area Planning Commission and that the
County's Bend Urban Area Planning Commission should otherwise be amended to be consistent with the
City's land use ordinances insofar as is practicable; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. AMENDMENT. Deschutes County Code Chapter 2.20 is amended to read as
described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in stfikethfough.
Section 2. EFFECT ON CURRENT COUNTY APPOINTEES. Notwithstanding Section
2.20.040 of the Deschutes County Code, passage of this ordinance shall have the effect of terminating the
tenure of the current County appointees to the Bend Urban Area Planning Commission, once those
appointees have been so notified in writing by the Board of County Commissioners.
Section 3. 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 26`" day of August, 1998.
ATTEST:
QZZZ'1---
Recording Secretary
BOARD OF COUNTY COMMISSIONERS OF
PAGE 1 OF 1 - ORDINANCE NO. 98-053 (8/26/98)
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EXHIBIT "A"
Chapter 2.20. BEND URBAN AREA
PLANNING COMMISSION
2.20.003.
Definition -Urban Growth
Boundary.
2.20.005.
Definition -Urban Reserve
Boundary.
2.20.007.
Definition -Urban Reserve.
2.20.010.
Created -Jurisdiction.
2.20.020.
Membership -Qualifications.
2.20.030.
Expense reimbursement.
2.20.040.
Removal from office -Conditions.
2.20.050.
Vacancy filling.
2.20.060.
Chairman and vice-chairman.
2.20.070.
Meeting schedule.
2.20.080.
Quorum, rules and procedures.
2.20.090.
Conflicts of interest.
2.20.100.
Powers and duties.
2.20.110.
2.20.120.
2.20.130.
Advisory duties.
Staff seFyiees
Deeisiall Fe '
2.20.003. Definition -Urban Growth
Boundary.
As used in this chapter, the Urban Growth
Boundary is the urban growth boundary line
acknowledged by the Land Conservation and
Development Commission, which identifies and
encompasses urban and urbanizable land. In the
acknowledged 1981 Bend General Plan, the
urban growth boundary was identified as the
Initial Urban Growth Boundary. (Ord. 98-053 §
1, 1998)
2.20.005. Definition -Urban Reserve
Boundary.
As used in this chapter, the Urban Reserve
Boundary is the boundary line that identifies
and encompasses the city of Bend, the Urban
Growth Boundary and adiacent lands designated
as Urban Reserve. (Ord. 98-053 § 1, 1998)
2.20.007. Definition -Urban Reserve.
As used in this chapter, the Urban Reserve
refers to lands lying outside of the urban growth
boundary and identified in the Bend Area
General Plan as Urban Reserve and
encompassed by the Urban Reserve Boundary.
(Ord. 98-053 § 1, 1998)
2.20.010. Created -Jurisdiction.
Pursuant to an agreement between the city
of Bend and Deschutes County, dated August
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27, 1980, there is created a joint Bend Urban
Area Planning Commission ("commission"). It
shall be the planning commission for the city.of
Bend and the unincorporated area of the county
within the adepted Bend Urban Gr -&A4 Reserve
Boundary. (Ord. 98-053 § 1, 1998; Ord. 80-226
§ 1, 1980)
2.20.020. Membership -Qualifications.
A. The commission shall be composed of
seven members who reside within the Urban
Gre-A4h Reserve Boundary. Th-ee fnemb�-�
shall hbe appointed by the County BeaFd e
Gems j, and—feur- raembers shall be
efvv�,e year -s. All members shall be appointed
by the Bend city council. The terms of the
members shall be four years except that the
terms of the members appointed by the city
council after the February 18, 1998, joint
management agreement shall be structured so
that the terms of not more than four members of
the commission shall expire in anyig_v_en year.
B. No more than two voting members of
the commission may engage principally in
selling or developing of real estate for profit as
individuals, or be members of any partnership,
or officers or employees of any corporation that
engages principally in the buying, selling or
developing of real estate for profit. No more
than two members shall be engaged in the same
kind of occupation, business, trade or
profession.
C. No commission member shall serve
more than two full terms or ten years, whichever
is greater.
D. The membership of the commission
shall, as much as possible, be representative of
the various geographical parts of the Bend
Urban Gre-Mh Reserve Boundary. (Ord. 98-053
§ 1, 1998; Ord. 80-226 § 2(part), (4)(6), 1980)
2.20.030. Expense reimbursement.
Commission members shall receive no
compensation, but shall be reimbursed for
authorized expenses. (Ord. 98-053 § 1, 1998;
Ord. 80-226 § 2(1), 1980)
PAGE 1 OF 3 EXHIBIT "A" TO ORDINANCE NO. 98-053 (8/26/98)
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EXHIBIT "A"
2.20.040. Removal from office -Conditions.
A member of the commission may be
removed by the appeinting-bedy Bend city
council for misconduct, nonperformance of
duty, or three successive unexcused absences
from regular meetings.
r-emeved by the appointing bedy. if the
id faembe. heer- ShO ..w., n be r-eme oa (Ord.
98-053 § 1, 1998; Ord. 80-226 § 2(2), 1980)
2.20.050. Vacancy tilling.
Vacancies on the commission shall be
filled by an appointment by the apprapiate
app ' Bend city council 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 appfepr-ime appointing atfthffk�'
appointment by the Bend city council for a term
of four years. (Ord. 98-053 § 1, 1998; Ord.
84-006 § 1, 1984; Ord. 80-226 § 2(3), 1980)
2.20.060. Chairman and vice-chairman.
At its first meeting in January of each year,
the commission shall elect from among its
membership a chairman and a vice-chairman.
No person shall be chairman for more than two
years in succession. (Ord. 80-226 § 3, 1980)
2.20.070. Meeting schedule.
The commission shall meet at least once a
month. Not less than one meeting every two
months shall be devoted in part or in full to
comprehensive planning within the Bend Urban
Erred Reserve Boundary. (Ord. 98-053 § 1,
1998; Ord. 80-226 § 5, 1980)
2.20.080. 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 the
laws of the state, the city of Bend, and the
county. (Ord. 98-053 § 1, 1998; Ord. 80-226 §
4, 1980)
2.20.090. 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
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direct, substantial financial interest: the member
or his spouse, brother, sister, child, parent,
father-in-law, mother-in-law, or any business
which he 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. (Ord. 98-053 § 1, 1998;
Ord. 80-226 § 6, 1980)
2.20.100. Powers and duties.
A. The commission shall have the
following duties:
1. Carry out a comprehensive planning
program, using citizen input and public hearings
when appropriate, within the Bend Urban
Reserve h Boundary, and coordinate its
activities with other jurisdictions, planning
bodies and districts;
2. Review those land use applications
within its jurisdiction unclef the eit`, of Bend and
Desehutes Eeunty-el`dinances. Any appeals
ffem the 3hall be to the r-espeetive
g body having jur-isdietion, pursuant to
applicable law and the joint management
agreement between Deschutes County and the
city of Bend;
3. The commission shall have the power to
review, on its own motion, any decision made
by the hearings body or hearings officer which
affects land under its jurisdiction pursuant to the
city's land use procedures and the joint
management agreement between Deschutes
County and the city of Bend;
4. Act as the citizen involvement
committee within the Bend Urban Reserve
Gr-e%4h Boundary, and advise the
bediescity council on citizen involvement
programs;
interest,, health, mewls, of � .-.f A,
!nee and welfare within the Bend Urban
B. All land use decisions rendered by the
commission shall be supported by adequate
written findings of fact. (Ord. 98-053 § 1, 1998;
Ord. 95-027 § 1, 1995; Ord. 80-226 § 7, 1980)
2.20.110. Advisory duties.
The commission may:
A. Recommend and make suggestions to
the Bend city Commission, Beafd of r,,twty
r,,.. fnissieneFs council and other public
PAGE 2 OF 3 EXHIBIT "A" TO ORDINANCE NO. 98-053 (8/26/98)
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EXHIBIT "A"
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 Bend Urban Reserve
6fevth Boundary;
B. Recommend to the Bend city
andGemmissien
Beard of County Com i i
other publie authorities council plans for
regulating the future growth, development and
beautification of the Bend Urban Reserve
Qre,mh Boundary, and development within the
Bend Urban Reserve tel} Boundary of
proper sanitation, public utilities, transportation
facilities and appropriate incentives for overall
energy conservation;
C. Upon request by the Bend city council,
Rrecommend to the Bead City Commission and
authorities,publie plans for promotion,
development and regulation of the economic
needs of the community;
D. Upon request by the Bend city council,
Mmake economic surveys and study the needs
of present and potential industrial and other
business needs within the Bend Urban Reserve
Gr-evAh Boundary.
E. Perform such other review and make
whatever other recommendations on land use
matters as may be requested of the planning
commission by the city council. (Ord. 98-053 §
1, 1998; Ord. 80-226 § 8, 1980)
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