36-560-Ordinance No. 80-226 Recorded 12/19/1980VOL dVPAGE 560
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Creating a Joint
Bend Urban Area Planning
Commission; Describing the
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Powers and Duties Thereof;
Declaring an Emergency; and
Providing for an Effective Date
ORDINANCE NO.
0-226
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THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Formation. Pursuant to Agreement between
THE CITY OF BEND and DESCHUTES COUNTY, OREGON, dated the _.O~ day
of l~,.Az~ , 19 yo , there is hereby created a joint Bend
Urban Are Planning Commission (Commission). It shall be the
Planning Commission for the City of Bend and the unincorporated area
of Deschutes County within the adopted Bend Urban Growth Boundary.
Section 2. Membership and Expenses. The Commission shall
be composed o seven members who reside within the Urban Growth
Boundary. Three members shall be appointed by the Board of County
Commissioners of Deschutes County, Oregon, and four members shall be
appointed by the Bend City Commission. The Board of County
Commissioners shall appoint one member for a term of two years and
two members for a term of four years. The Bend City Commission shall
appoint two members for a term of four years and two members for a
term of two years.
(1) Commission members shall receive no compensation, but,
shall be reimbursed for authorized expenses.
(2) A member of the Commission may be removed by the
appointing body for misconduct, nonperformance of duty, or three
successive unexcused absences from regular meetings. The nonappointing
body may, by resolution, request that a member be removed by the
appointing body. If the appropriate governing body finds misconduct,
nonperformance of duties, or three successive unexcused absences
from regular meetings, by said member, he or she shall be removed.
(3) Vacancies in the Commission shall be filled by the
appropriate appointing authority for the unexpired term of the pre-
decessor in office.
(4) No more than two voting members of the Commission may
engage principally in buying, 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.
ORDINANCE NO. 80-226, PAGE 1
r VOL 9JUME 561
(5) No Commission member shall serve more than two full
terms or ten years, whichever is greater.
(6) The membership of the Commission shall, as much as
possible, be representative of the various geographical parts of the
Bend Urban Growth Boundary.
Section 3. Election of Chairman and Vice-Chairman. At its
first meeting in January o each year, the Commission s a elect
from among its membership a Chairman and a Vice-Chairman. No person
shall be chairman for more than two years in succession.
Section 4. Quorum. A majority of the members of the
Commission s a constitute a quorum. The Commission may establish
rules, regulations and procedures for its operation consistent with
the laws of the State, City of Bend, and Deschutes County.
Section 5. Meeting Schedule. The Commission shall meet
at least once a month. Not ess t one meeting every two months
shall be devoted in part or in full to comprehensive planning within
the Bend Urban Growth Boundary.
Section 6. 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 spouse, brother, sister, child,
parent, father-in-law, mother-in-law; any business with 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.
Section 7. Powers and Duties. 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 Growth Boundary, and coordinate its activities with other
jurisdictions, planning bodies and districts.
(2) Review those land use applications within its juris-
diction under City of Bend and Deschutes County Ordinances. Any
appeals from the Commission shall be to the respective governing
body having jurisdiction.
decisions.
(3) Review and act on all appeals of land use and other
(4) Act as the Citizen Involvement Committee within the
Bend Urban Growth Boundary and advise the governing bodies on
citizen involvement programs. Study and propose such measures as
are advisable for promotion of the public interest, health, morals,
safety, comfort, convenience and welfare within the Bend Urban
Growth Boundary.
ORDINANCE NO. 80-226, PAGE 2
VOL 36PAGE 562
(5) All land use decisions rendered by the Commission
shall be supported by adequate written findings of fact.
Section 8. Advisory Role. The Commission may:
(1) Recommend and make suggestions to the Bend City
Commission, Board of County Commissioners of Deschutes County,
Oregon, 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 limit-
ing the use, height, area, bulk,and other characteristics of buildings
and structures related to land development within the Bend Urban
Growth Boundary.
(2) Recommend to the Bend City Commission, Board of County
Commissioners of Deschutes County, Oregon, and other public authorities
plans for regulating the future growth, development and beautification
of the Bend Urban Growth Boundary; development within the Bend Urban
Growth Boundary of proper sanitation, public utilities, transportation
facilities and appropriate incentives for overall energy conservation.
(3) Recommend to the Bend City Commission and the Board
of County Commissioners of Deschutes County, Oregon, and other public
authorities, plans for promotion, development and regulation of the
economic needs of the community.
(4) Make economic surveys and study the needs of present
and potential industrial and other business needs within the Bend
Urban Growth Boundary.
Section 9. Staff Services. The City of Bend and Deschutes
County Planning Staffs will hold joint responsibility for preparing
staff reports and submitting them to the hearings body. A standard
format shall be adopted and used for all reports submitted. If the
land for which an application has been filed is located in the City
of Bend, the City Planning Staff will prepare the staff report and
send it to the Deschutes County Planning staff for review and comment
prior to submission to the hearings body. If the land for which an
application has been filed is outside the City of Bend city limits
but inside the Bend Urban Growth Boundary, the County Planning Staff shall
prepare the report and send it to the City of Bend Planning Staff
for review and comment prior to submission to the hearings body. In
the event of disagreement, each staff may present separate staff
reports.
Section 10. Review. The Bend City Commission and Board
of County Commissioners Deschutes County, Oregon, shall have the
power to review, on its own motion, and hear appeals of, any
decision made by the hearings body, Hearings Officer, or Commission
which affects land under its jurisdiction.
ORDINANCE NO. 80-226, PAGE 3
VOL 36PAGE 563
Section 11. Effect. This Ordinance being necessary for
the immediate preservation public peace, health and safety, an
emergency is declared to exist, and this Ordinance takes effect on
January 1, 1981.
DATED this day of 9~c_ , 1980.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
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ROB R C. PAULSON,'JR., ommissi
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ATTEST:
TAMMY J04 R CHARDSON
Recording Secretary
ORDINANCE NO. 80-226, PAGE 4