35-174-Resolution Recorded 8/26/1980IN THE BOARD OF COUNTY COMMISSIONERS VOL 35 PAcF174
OF THE STATE OF OREGON
FOR THE COUNTY OF DESCHUTES
In the Matter of establishing the )
working relationships between the )
Planning Commission, Hearings Officer,) R E S O L U T I O N
Planning Dept., and the Board of )
County Commissioners )
The following policies are adopted by Resolution of the Deschutes County
Board of Commissioners to establish the authority, responsibility and latitude
of the Deschutes County Planning Commission and to summarize the planning
responsibilities of the Planning Director, the Hearings Officer and the
Deschutes County Board of Commissioners. This document also outlines the
relationships between the four levels and specifically establishes channels
of communication.
AUTHORITY OF THE PLANNING COMMISSION
The roles and responsibilities of the Planning Commission and its members
shall be governed by Ordinance PL -1 and this document. The Planning Commission,
on their own motion, may recommend to the Board of County Commissioners
amendments to the Comprehensive Plan of Deschutes County, and ordinances and
amendments they deem appropriate to carry out the Comprehensive Plan adopted
by the Board. Such ordinances may include, but are not limited to: zoning,
mapping of and inventory of lands, conservation of natural resources, controls
over construction, maintenance, repair and alteration of buildings and other
structures.
The Planning Commission shall review and approve or deny major (as defined
by the Planning Director) site plan applications. It may, on its own motion,
review any decisions rendered by the Hearings Officer.
The Planning Commission shall be asked to recommend to the Board approval
or denial of any zone change or plan amendment request which, if approved,
will have in the judgement of the Planning Director, Hearings Officer, the
Planning Commission, or the Board of Commissioners, a significant impact upon
the liveability of the County or a portion thereof.
The Planning Commission may recommend priorities to the Board for all
projects presented to the Commission. The Board of County Commissioners shall
consider their recommendations and approve a final list of priorities or
delegate such approval to the Planning Director; the Planning Commission
shall abide by the established priorities. Any changes in deadlines and
additions or deletions from the list of priorities shall follow the same
adoption procedure.
The Planning Commissioners may be appointed for up to two consecutive
four year terms in accordance with. Ordinance PL -1 as amended.
A member of the Planning Commission may be removed by the Board for mis-
conduct, nonperformance of duty, or three successive unexcused absences from
regular meetings.
AUTHORITY'OF THE HEARINGS OFFICER
The Hearings Officer is required to hold all initial hearings required
cWL 35 WE 175
on applications for plan amendments, zone changes, subdivisions, partitions,
conditional uses, variances and some site plan reviews, which are relative to
county use, zoning ordinances and land use regulations. In addition, there
are special hearings required by the Board.
Along with this general description goes the preparation for hearings
and follow-up which requires writing the findings and conclusions which are
consistent with the comprehensive plan and zoning ordinances.
These functions require a close working relationship with the Planning
Department. The Planning Department sets the hearing schedule for all matters.
The contact with the Plannin Commission is an indirect one. The Planning
Commission as established by PL -i, has the right to review any or all of the
Hearings Officer's decisions within their jurisdiction and all appeals from
the Hearings Officer go to the Planning Commission.
There should be open communication between the Planning Commission and
the Hearings Officer. The Planning Commission is involved in recommending
planning and zoning for the county, and the Hearings Officer, as the zoning
body, interprets those plans and ordinances.
All plan amendments and zone changes have to be ruled on by the Board
of County Commissioners after recommendation by the Hearin gs Officer and
Planning Commission.
Since the Hearings Office is an independent hearing body, the contact on
specific matters must be limited. However, the Hearings Office may be a
resource to the Board of County Commissioners as to current development trends
in the county. In addition, special land -use hearings or fact finding hearings
can be delegated to the Hearings Officer by:the Board.
The Hearings Officer interprets overall County land -use policy and as
such needs to have an understanding of the legislative intent behind the
policy.
AUTHORITY OF THE BOARD OF CONIC,TISSIONERS
The Board of County Commissioners shall appoint the members of the
Planning Commission in accordance with the provisions of ORS 215.030 and
County Ordinance PL -1. The Board shall assign duties and tasks to the
Planning Commission or may assign the Planning Director to do so for the
Board.
The Board of County Commissioners shall appoint and direct the activities
of the Director of the County Planning Department, who will serve at the
pleasure of the Board in accordance with the County's personnel policies.
The Board of County Commissioners may designate'of appoint citizens'
groups and advisory committees to gather additional information for the Board
and/or the Planning Commission to assist in land use planning. Such local
advisory groups may be appointed at such times as deemed appropriate by the
Board.
Following public hearings, presentation to the Planning Commission at one
of its regular meetings, and as regulated by ORS 215, the Board of County
Commissioners may amend the Comprehensive Plan for the County and such ordin-
ances and policies as may be necessary for its implementation.
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VOL 35 FACE 176
The Board of County Commissioners shall determine the funding, scope and
priorities of the Planning Department by virtue of its budgetary authority.
The Board will have final authority in matters of personnel salary and class-
ification; assignment of duties; dismissal and disciplinary action.
The Board of County Commissioners shall mediate any disagreement between
the Planning Commission and the Planning Department.
AUTHORITY OF THE PLANNING DIRECTOR
The Planning Director will set goals for and supervise the day-to-day
and long-term activities of the Planning Department. The Director will assign
tasks, review work for completeness and accuracy, and be responsible for
submission of reports and maps.
Formal work requests to the Planning Department from the Planning Comm-
ission, representing the desires of the majority of its members. will be
submitted in writing by the Chairman or Co -Chairman to the Planning Director,
indicating that the members desire an opinion, draft ordinance or similar
document. The Planning Director will review all such requests and decide how
and when such tasks can be completed. He shall determine department priorities
and assign projects to the staff and insure that tasks are completed in a
timely and accurate fashion.
COMMUNICATION CHANNELS
Staff reports on projects and hearing items will be submitted to the
hearing body prior to the regularly scheduled public hearing at which it will
be reviewed, allowing persons sufficient time for adequate review. The
Planning Commission may review material as a committee of the whole or refer
staff reports to subcommittees for further review and study. Staff shall
comment on projects at the public hearings.
Written requests from the general public will generally be directed to
the Board of County Commissioners or the Planning Director. Upon receipt
of correspondence requesting information other than standard data relative
to zoning and planning matters which can be considered routine, the recipient
will provide the copies to the other groups to assure that the Planning Direc-
tor, the Board of County Commissioners, the Chairman of the Planning Commission
and the Hearings Officer are aware of the inquiry.
Requests of the Planning Commission for staff assistance will be directed
to the Planning Director, not subordinate employees.
Should conflicts arise regarding whether or not a request of the Planning
Commission is timely and appropriate, the matter will be referred to. the
Board of County Commissioners, and they will make the final determination on
the question.
A combined meeting of the Planning Director, the Planning Commission, the
Hearings Officer and the Board of County Commissioners may be held at the in-
stigation of either Commission. The meetings will be used to keep all parties
abreast of current developments, to exchange ideas and to assure that matters
of mutual concern are being handled in appropriate fashion. Such meetings
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should be held at least twice a year.
DATED this -9614 day of 1980
Distribution:
Planning Director
Hearings Officer
Planning Commission
Board of Commissioners
County Counsel
VOL 35 WE 117
BOARD OF COUNTY COMMISSIONERS
F;K,4014n
AL YOUN#r0 • ��/
CLAY C. SHEPARD, COMMISSIONER
r PAUT JR. COKE