HomeMy WebLinkAbout80-228VOL e�Q.i�aGE
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordinance No. )
80-201, Redmond Urban Area Zoning
1980; Making Provision
)
)
Ordinance of
for the Redmond Urban Area Planning
)
Commission; Providing for New Admin-
)
istrative Procedures and Repealing
};
Inconsistent Provisions; and Declaring
)
ROsEMA kY
an Emergency
__)ESCHUTES
nATTERSON
COUNTY
CLE,;K
ORDINANCE N0. 80-228
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Subsection 1, Terminology, of Section 1.040,
Administrative Terminology and Construction, is amended to read as
follows:
"l. Terminology. The word "building" includes the
word "structure." The term "building site"
includes the word "lot" and the word "plot."
The word "used" also includes "designated,
intended or arranged to be used." The word
"erected" also includes "constructed," "recon-
structed," "altered," "placed," or "moved."
The term "land use" also includes "building
use" and "use of building." The term "Compre-
hensive Plan" shall mean the Redmond Urban Area
Comprehensive Plan. The word"City"
shall mean
the City of Redmond, Oregon. The word "County"
shall mean the County of Deschutes, Oregon. The
word "Board" shall mean the Board of County
Commissioners of Deschutes County, Oregon. The
words "Planning Commission" and ''Commission"
shall mean the Redmond Urban Area Planning
Commission. The words "Planning Director,"
"County Engineer," "County Clerk," "County
Sanitarian," "County Surveyor," "Hearings Officer,"
"Tax Collector," and "Assessor," shall mean the
Planning Director, County Engineer, County Clerk,
County Sanitarian, County Surveyor, Hearings
Officer, Tax Collector and Assessor of Deschutes
County, Oregon."
Section 2. Section 1.120, Site Plan Review, is amended
to read as set forth in Exhibit A, attached hereto and by this
reference incorporated herein.
ORDINANCE NO. 80-228, PAGE 1
VOL' 36PAGE 759
Section 3. Article XI, Administrative Provisions, is
amended to read as set forth in Exhibit B, attached hereto and by
this reference incorporated herein.
Section 4. This Ordinance being necessary for the
immediate preservation of public peace, health and safety, an
emergency is declared to exist, and this Ordinance takes effect
on January 1, 1981.
3-t
DATED this day of1980.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
,A)d
Chairman
Co missione
Commi s'oner
ATTEST:
TAMMY J(j R HARDSON
Recordillig Secretary
ORDINANCE NO. 80-228, PAGE 2
VOL 36PAGE 766
EXHIBIT A
"Section 1.120 SITE PLAN REVIEW.
1. Findings and Objectives.
a. The Board finds that excessive uniformity,
dissimilarity, inappropriateness or poor
quality of design in the exterior appear-
ance of structures and signs and the lack of
proper attention to site development and
landscaping in the business, commercial,
industrial and certain residential areas
within the Redmond Urban Area hinders the
harmonious development of the Redmond Urban
Area, impairs the desirability of residence,
investment or occupation in the Urban Area,
limits the opportunity to attain the optimum
use and value of land and improvement,
adversely affects the stability and value
Of property, produces degeneration of
property in such areas with attendant
deterioration of conditions affecting the
peace, health and welfare of the Urban Area,
and destroys a proper relationship between
the taxable value of property and the cost of
services therefor.
b. The Board declares that the purposes and
objectives of site development requirements
and the site design review procedure are to:
(1) Implement the policies, goals and
standards of the Board and the adopted
Comprehensive Plan of the Urban Area as
now or hereafter constituted;
(2) Encourage originality, flexibility and
innovation in site planning and development,
including the architecture, landscaping
and graphic design of said development;
(3) Discourage monotonous, drab, unsightly,
dreary and inharmonious development;
(4) Conserve the Urban Area's natural beauty
and visual character and charm by insuring
that structures, signs and other improve-
ments are properly related to their sites,
and to surrounding sites and structures,
with due regard to the aesthetic qualities of
the natural terrain and landscaping, and
that proper attention is given to exterior
appearances of structures, signs and
other improvements.
EXHIBIT A, PAGE 1
VOL 3&AGE i
(5) Achieve the beneficial influence of
pleasant environments for living and
working;
(6) Encourage orderly development of a site
in a manner compatible with surrounding
property;
(7) Provide for the orderly development of
property in concern with the timely
construction or assurance of necessary
public facilities and services;
(8) Prevent undue traffic congestion and
pedestrian hazards;
(9) Foster civic pride and community spirit
so as to improve the quality and quantity
of citizen participation in local govern-
ment and in community growth, change and
improvement;
(10) Stabilize and improve property values and
prevent blighted areas; and, thus, increase
tax revenues;
(11) Minimize costs to the general public of
facilities and services necessitated by
development by requiring the developing
party to bear a reasonable share of those
costs when a particular site is developed;
(12) Provide for the reasonable development of
the City in a manner that will protect the
health, safety and general welfare of the
public.
2. Design Review Committee. There is hereby established a
Design Review Committee whose members, terms, officers and
manner of transacting business shall be as follows:
a. Members: Qualifications. The Commiteee shall consist
of seven (7) members as follows: One member of the
Urban Area Planning Commission; two individuals actively
engaged in business, commerce, or industry; and four
individuals who shall be residents or operate a business
in the Redmond Urban Area. If possible, the Committee
should contain one individual specially qualified by
reason of education, training or experience in the
financing of commercial real property and one individual
specially qualified by reason of education, training
or experience in the area of the arts, or architecture
or landscape architect.
EXHIBIT A, PAGE 2
VOL 36PAcE 762
b. APPointment: Term. The members of the Committee
shall be appointed by the Board. Whenever possible,
the Board shall appoint individuals who are either
property owners, residents, or actively engaged in
business or employment in the Urban Area. Of the
members first appointed, three members shall be
appointed for a term of one year and four members
for a term of two years. Subsequent appointments shall
be for a term of two years, or until successors are
appointed. Terms of office shall commence on the
first day of the calendar year, except that the terms
of office for members first appointed under this
Ordinance shall commence on the date of their appoint-
ment.
C. Vacancies; Removal. Any vacancy shall be filled for
the remainder of the unexpired term as original
appointments are herein provided. The Board may
remove any member of the Committee, after hearing, for
misconduct or nonperformance of duty.
d. Officers. The Urban Area Planning Commission member
shall serve as Chairman. The Chairman shall be
counted to determine a quorum and shall have the same
rights as other members of the Committee, including
the right to vote. The Chairman shall annually appoint
a Vice -Chairman. During the absence, disability or
disqualification of the Chairman, the Vice -Chairman
shall exercise or perform all the duties and be subject
to all the responsibilities of the Chairman. In the
absence of Chairman and Vice -Chairman, the remaining
members shall select an Acting Chairman. The City
or County Planning Director, or his designate, shall
serve as Secretary to the Committee, and also in an
advisory capacity.
e. Quorum; Voting. A quorum shall consist of four members.
The concurrence of a majority of the members of the
Committee present shall be necessary to determine any
questions before the Committee. An Abstention shall
be considered a negative vote.
f. Meetings; Records. The Committee shall hold at least
one regular meeting each month. However, a meeting
need not be held if there are no drawings or plans
submitted for review by the Committee. The.deliberations
and proceedings of the Committee shall be public. The
Committee shall keep minutes of its proceedings, and
such minutes shall be public records.
g. Rules. The Committee may adopt and amend rules to
govern the conduct of its business, consistent with
the provisions of this Ordinance.
EXHIBIT A, PAGE 3
VOL 36PAGE 763
3. Jurisdiction and Powers of the Committee.
a. No building permit shall be issued for a new building
or major remodeling of an existing building, and no
sign permit shall be issued for the erection or
construction of a sign relating to such new buildings
or major remodeling, until the plans, drawings, sketches
and other documents have been reviewed and approved by
the Planning Director or Committee. For purposes of
this Section, the term "major remodeling" shall include
both of the following activities: Any remodeling that
substantially changes the exterior appearance of the
building (including painting), and any site improvements
that substantially alter the topography or appearance
of the site. Any building or structure which is not
being developed as part of a larger development, shall
be acted on by the Planning Director upon request for
a building permit and submission of required documents,
and/or such other documents as the Planning Director
shall require, and upon approval of the Planning Director,
the building permit shall issue. The Planning Director
may require any application to be submitted to the
Committee for review. Where the Planning Director is
authorized to review applications, any provision in
this Ordinance written with reference to the Committee
shall apply to the actions of the Planning Director.
(1) Construction, site development and landscaping
shall be carried out in substantial accord with
the plans, drawings, sketches and other documents
approved by the Committee, unless altered with
Committee approval. Nothing in this Section shall
be construed to prevent the ordinary repair or
maintenance of a building or the replacement of
landscaping which does not involve a substantial
change from the approval granted by the Committee.
(2) Proposed changes shall be submitted in writing to
the Planning Director for approval. The Planning
Director shall grant approval to the proposed
change if he determines that the change does not
substantially alter the approval previously
granted. If the Planning Director determines
that the proposed change substantially alters
the approval granted, the proposed change shall
be processed in the same manner as a new application.
(3) If the applicant disagrees with the Planning
Director's decision, that decision shall be sub-
mitted to the body whose decision is sought to
be changed at its next regular meeting for its
determination whether the proposed change sub-
stantially alters the approval granted by that body.
EXHIBIT A, PAGE 4
VOL 36P4GE 764
After a decision by the body, the matter shall
be returned to the Planning Director for
processing consistent with the body's decision.
The applicant may appeal the body's decision in
the same manner as any other decision of that body.
C. (1) The Committee only may authorize variances from
the requirements and standards of this Ordinance
and the regulations by the County's Sign Ordinance.
The request for a variance shall be processed
at the same time as the request for site and
design approval. A request for variance from
the requirements of this Ordinance shall be
subject to the substantive requirements of the
County Ordinances. A request for variance from
the Sign Ordinance requirements shall meet the
substantive requirements of that Ordinance.
(2) Any decision of the Committee which includes the
granting of a variance from the requirements of
this Ordinance shall be forwarded to the Commission
for its review. The decision of the Committee
shall appear on the Commission's agenda at the
next regularly scheduled meeting after the date of
the Committee's decision. The hearing may be
de novo or on the record made before the Committee.
The Commission may affirm, revise, modify or
reject the decision of the Committee. The Com-
mission may also remand the matter back to the
Committee for further consideration.
4. Documents Required for Committee Review; Master Plans.
a. To initiate the site and design review process, the
applicant shall submit to the Committee with the
required fee, the following documents:
(1) The legal description, dimensions, and total
area of the site;
(2) A site plan, drawn to scale, indicating the
subject property, the location of all existing
and proposed structures, bikeways, walkways,
driveways, public and private streets, land-
scaped area4, fences, walls, parking and
loading spaces, natural features and railroad
tracks. The site plan shall indicate all vehicle
and pedestrian access points to public rights-
of-way and the interior circulation plan for
the property. Provision for all utility and
public facilities, drainage and on-site water
retention facilities are to be indicated. Site
analysis data shall be submitted indicating
total site square footage and the percentage
of the site that is covered by buildings, land-
scaped area, parking, vehicles drives and
pedestrian ways.
EXHIBIT A, PAGE 5
VOL 36nu 765
(3) A landscape plan, drawn to scale, showing the
location and types of existing trees and
vegetation proposed to be removed and to be retained
on the site, the location and design of land-
scaped areas, the varieties and sizes of trees
and plant materials to be planted on the site,
other pertinent landscape features, and
irrigation systems required to maintain plan
materials.
(4) Architectural drawings or sketches, drawn to
scale, and showing all elevations and exterior
materials of the proposed structures and other
improvements as they will appear on completion
of construction.
(5) Specifications as to type, color and texture of
exterior surfaces of proposed structures.
(6) A sign plan drawn to scale, showing the
location, size, design, material, color and method
of illumination of all exterior signs. At the
applicant's option, this plan may be submitted
for approval at any time prior to the issuance
of occupancy permits.
b. When the development proposed is for less than the
entire site, a master site plan for the entire site
shall be required. The applicant shall submit to the
Committee the following information:
(1) All of the above information with regard to the
portion of the site to be developed.
(2) For the portion of the site to be developed at
a later date, all of the information required in
the above Section that is known and that is
relevant to the purpose of this Subsection. For
that information that is not known approximations
and concept designs may be used.
(3) Any proposed phasing of development shall be
indicated on the master site plan.
(4) The overall concept and objectives of the total
development shall be indicated in writing.
C. The master site plan requirement is to insure the
orderly development of the site in conjunction with
the surrounding properties and the availability of
public service facilities. Development on a site
with an approved master site plan shall take place con-
sistent with that plan. Each phase of development
shall be processed as a new application and the
Committee, to grant approval, must find that the pro-
posed development is consistent with the approved
master site plan.
EXHIBIT A, PAGE 6
VOL 36ME 766
d. The master site plan may be amended, upon the
request of the original applicant or his successor
in interest to the site, by processing the
request in the same manner by which an original
application is processed. However, when development
has occurred in a manner consistent with the location
of public service facilities as shown on the master
site plan for the site, no amendment to the master
site plan may be made that will alter the points of
ingress and egress on the site of those facilities
or the service capacity of those facilities without
the approval in writing of the property owners
affected by the change and the Committee.
e. Alternative master site plans may be required by the
Committee to ensure full or maximum lot utilization
and efficient arrangement of uses to avoid wasteful
use of available urban land and to prevent the
possibility of landlocked, undeveloped land ori a
site.
f. Special studies, investigations and reports may be
required by the Committee to obtain information to
ensure that the proposed development of a particular
site does not adversely affect the surrounding
community, does not create hazardous conditions for
persons or improvements on the site, and meets the
standards, goals and policies of the Comprehensive
Plan. These may include studies, investigations and
reports on noise attenuation, air quality, traffic
control, soil conditions, flooding of waters and
excessive storm water runoff, tree preservation,
hours of operation of business and other environmental
concerns.
5. Criteria and Standards.
a. The following standards shall be utilized by the
Committee in reviewing the plans, drawings, sketches
and other documents. These standards are intended
to provide a frame of reference for the applicant in
the development of site and building plans, as well
as a method of review for the Committee. These
standards shall not be regarded as inflexible require-
ments. They are not intended to discourage
creativity, invention and innovation. The specification
of one or more particular architectural styles is not
included in these standards.
(1) Preservation of Landscape: The landscape shall
e preserved in its natural state, insofar as
practicable, by minimizing tree and soil removal,
and any grade changes shall be in keeping with
the general appearance of neighboring developed
areas.
EXHIBIT A, PAGE 7
VOL 36nn 767
(2) Relation of Proposed Buildings to Environment:
Proposed structures shall e related
harmoniously to the terrain and to existing
buildings in the vicinity that have a visual
relationship to the proposed buildings. The
achievement of such relationship may include
the enclosure of space in conjunction with
other existing buildings or other proposed
buildings and the creation of focal points
with respect to avenues of approach, terrain
features or other buildings.
(3) Drives, Parking and Circulation: With respect
to vehicular and pedestrian circulation, including
walkways, interior drives and parking, special
attention shall be given to location and number
of access points, general interior circulation,
separation of pedestrian and vehicular traffic,
and arrangement of parking areas that are safe
and convenient and, insofar as practicable, do
not detract from the design of proposed
buildings and structures and the neighboring
properties.
(4) Surface Water Drainage: Special attention shall
be given to proper site surface drainage so that
removal of surface waters will not adversely
affect neighboring properties or the public
storm drainage system.
(5) Utility Service: Whenever feasible, electric,
telephone and other utility lines shall be under-
ground. Any utility installations remaining
above ground shall be located so as to have an
harmonious relation to neighboring properties
and the site. The proposed method of sanitary
sewage disposal from all buildings shall be
indicated.
(6) Advertising Features: The size, location, design,
color, texture, lighting and materials of all
exterior signs and outdoor advertising structures
or features shall not detract from the design
of proposed buildings and structures and the
surrounding properties.
(7) Special Features: Exposed storage areas,
exposed machinery installations, service areas,
truck loading areas, utility buildings and
structures and similar accessory areas and
structures shall be subject to such setbacks,
screen plantings or other screening methods as
shall reasonably be required to prevent their
being incongruous with the existing or con-
templated environment and the surrounding
properties.
EXHIBIT A, PAGE 8
Vol 36PAGE leo
(8) Application of Design Standards. The standards
of review outlined in (1) through (7) above also
apply to all accessory buildings, structures,
exterior signs and other site features, however
related to the major buildings or structures.
b. The Committee shall also be guided by the objectives
of this Section and such objectives shall serve as
additional criteria and standards.
c. Unless otherwise authorized under this Ordinance, the
Committee shall not have the authority to waive or
modify the site development requirements of this
Ordinance, or the requirements of any other applicable
County Ordinance.
6. Procedure.
a. Submission of Documents. A prospective applicant for
a building or other permit who is subject to site
design review shall submit to the County Planning
Director the documents required herein.
b. Action by Plannin& Director. The County Planning
Director, or his designate, shall review all drawings,
plans and specifications submitted for design review.
If the Planning Director finds that they meet all
other requirements of the Ordinances of the County,
he shall present them to the Committee along with a
staff report.
c. Action by Committee. Within twenty-one (21) days
rom the date o us bmission to the County Planning
Director, the Committee shall approve, approve with
condition, or reject the plans of the applicant,
together with such findings of fact supporting the
Committee's action as is required by law. Failure
of the Committee to so act within the 21 -day period
shall constitute approval, unless the applicant
consents to an extension of time.
d. Appeals. Appeals shall be governed by the following
provisions:
(1) A decision of the Committee may be appealed to
the Commission by the applicant, or any sub-
stantially aggrieved property owner within 200
feet of the outer boundaries of the property
involved in the Committee's decision. The appeal
shall be filed in writing with the County Planning
Director within fifteen (15) days after the
Committee has rendered its decision.
EXHIBIT A, PAGE 9
VOL Stu 769
(2) The County Planning Director shall forthwith
cause an appeal to be placed on the agenda for
the next regularly scheduled Commission meeting.
The Commission shall consider the appeal at
such meeting and shall affirm, modify and affirm,
or reverse the decision of the Committee.
(3) If a decision of the Committee involves the
granting of a variance, the decision shall be
referred to the Commission. The Commission
shall consider such decision in the same manner
that it considers and acts upon appeals from
the Committee.
e. Effective Date of Decisions. A decision of the Committee
shall ecome effective fifteen (15) days after the
date of the decision, unless the decision is appealed
to the Commission. If the decision of the Committee
is appealed to the Commission, the decision of the
Commission shall become effective fifteen (15) days
after the decision.
f. Time Limit on A2proval. Site design review approvals
s'ial1bvoi after one (1) year unless a building
permit has been issued and substantial construction
pursuant thereto has taken place.
g. Preliminary Consideration. An applicant may request
preliminary consideration by the Committee of his
general plans prior to seeking a building permit. When
seeking preliminary consideration, the applicant shall
submit a site plan showing the proposed structures,
improvements and parking, together with a general
description of his plans. The Committee shall approve
or reject all or part of the applicant's general plan
within the normal time requirements of a formal
approval. Preliminary approval shall be deemed to be
approval of the final plan to the extent of the
preliminary approval."
EXHIBIT A, PAGE 10
VOL 36PAGE 770
EXHIBIT B
ARTICLE XI. ADMINISTRATIVE PROVISIONS
Section 11.010. FORM OF PETITIONS, APPLICATIONS AND APPEALS.
Petitions, applications and appeals provided for in this Ordinance
shall be made on forms prescribed by the County. Applications
shall be accompanied by plans and specifications, drawn to scale,
showing the actual shape and dimensions of the lot to be built upon;
the sizes and locations on the lot of all existing and proposed
structures; the intended use of each structure; the number of families,
if any, to be accommodated thereon; the relationship of the property
to the surrounding area; and such other information as is needed to
determine conformance with this Ordinance.
Section 11.020. HEARINGS.
1. Definitions. As used in this Article, the following words
and phrases shall mean:
"Applicant." A person, corporation, partnership, or
agent applying for a land use permit. The applicant must
have legal or equitable interest in all real property
for which the land use permit is sought.
"Application for Land Use Permit." A written application
on a form provided by the Planning Department requesting
zone change, change in the nonconforming use; conditional
use, variance, planned unit development, major land
partition, subdivision, or amendment to the Comprehensive
Plan.
"Board." The Board of County Commissioners of Deschutes
County, Oregon.
"Contested Case." Proceeding in which the legal rights,
duties or privileges of specific parties, under
County land use Ordinances are required to be determined
only after a hearing at which specific parties are
entitled to appear and be heard. This may include other
matter designated as contested cases by order of the
governing body.
"Governing Body." The Board of County Commissioners of
DescHu-tes County, Oregon.
"Government Agency." Any municipal corporation, district,
authority, political subdivision or agency of the State
of Oregon or of the United States, other than the
Planning Commission, with which the governing body is
required by law to coordinate its land use actions.
EXHIBIT B, PAGE 1
2.
3.
VOL 36PAGE 771
"Hearing." A quasi-judicial hearing conducted by the
Planning Commission or the Board to determine if a
contested land use case shall be granted or denied.
"Hearings Body." The Planning Commission or governing
bo y.
"Land Use Action." Any action involving an application
for a land use permit.
"Party." Any person who has standing to be heard under
Section 7.
"Permit." Discretionary approval of a proposed use of
land, which approval is required by a land use ordinance
or Oregon Statute.
"Person." An individual, firm, partnership, corporation,
company, association, syndicate, or any legal entity, and
including any trustee, receiver, assignee, or other
similar representative.
"Planning Commission." The Redmond Urban Area Planning
Commission.
Application of Ordinance. The following shall be conducted in
accordance with this Section:
a. All land use applications for a quasi-judicial
plan amendment, zone change., planned unit develop-
ment., major land partition, subdivision, conditional
use, change in a nonconforming use, and variance.
b. All land use contested cases.
C. All appeals to the Planning Commission or Board.
Applications and Staff Reports.
a. Within twenty-five (25) days prior to the date of
the initial hearing of an application for a land
use permit, the Planning Department shall render a
staff report setting forth its findings and
recommendations, if any, and setting the time of
the initial hearing.
b. A copy of the staff report shall be mailed or other-
wise delivered to the applicant, to the hearings
body, and to persons requesting the same who shall
pay a reasonable fee for the costs of the duplication,
mailing, and administrative overhead.
c. The applicant shall reply in writing to the findings
and recommendations set forth in said report, citing
exceptions, if any, and the reasons therefor, no later
than ten (10) days before the date of the initial
hearing.
EXHIBIT B, PAGE 2
VOL 36PAGE 772
d. A copy of the applicant's reply shall be mailed
or delivered to the staff and hearings body, and
to persons requesting the same who shall pay a
reasonable fee for the costs of the duplication,
mailing, and administrative overhead.
4. Notice of Hearing.
a. At least ten (10) days prior to said hearing, written
notice shall be sent by mail to the following persons:
i. The applicant and his designated representative.
ii. All property owners of record, as shown on the
official maps of the Deschutes County Tax
Assessor, within 250 feet of the property which
is the subject of the application. Whenever a
larger notification area is provided for by
Ordinance, Statute, or regulation, it shall be
controlling.
iii. Applications for rezonings, subdivisions, and the
plan amendments shall require notice to property
owners within 250 feet of the subject property.
iv. The failure of a property owner to receive mailed
notice shall not invalidate any land use actions
if a good faith effort was made to give notice
required by this Section. The date of mailing
shall be considered the date of notice.
V. A larger zone of notification may be reasonably
required by the Planning Director on a case-by-case
basis.
b. Contents of Notice. All notices prepared pursuant to
this Ordinance shall contain:
i. The date, time and place of the hearing.
ii. A legal description and a facsimile of the Tax
Assessor's official map, noting the subject
property.
iii. The nature of the proposed action.
iv. A statement that all parties may appear and be
heard.
C. Published and Posted Notice.
i. In addition to notice by mail, notice of a
hearing shall be published in a newspaper of
general circulation in the City at least ten
(10) days prior to the hearing.
EXHIBIT B, PAGE 3
VOL 36PAGE 773
ii. Notice shall also be posted at the Redmond
City Hall.
5. Burden of Proof. The burden of proof is upon the
applicant.
6. Nature of Evidence.
a. All evidence not objected to may be received unless
excluded by the hearings body.
b. All evidence offered and received shall be made a
part of the record of the case, and, except for the
facts which are noticed, no other factual information
or evidence shall be considered in the determination
of the issue. Documentary evidence may be received
in the form of copies or excerpts, or by incorporation
by reference.
C. Every party shall have the right of cross-examination
of witnesses who testify and shall have the right
to submit rebuttal evidence. Other participants per-
mitted to testify or present evidence shall have such
rights as are determined by the hearings body.
7. Sta�ndin The following persons are affected parties and
shall be entitled to appear of record either by themselves
or through their designated representatives at a hearing:
a. All persons entitled to personal notice by mail.
b. A community planning organization duly certified by
the Board.
C. Any person who demonstrates to the hearings body
that his legal rights are affected by the outcome of
the hearing.
d. Any person within reasonably close proximity to the
property that is the subject of a hearing who
demonstrates to the hearings body that he could sustain
economic or aesthetic injury as a result of a proposed
land use action.
8. Determination of. Standing. Whenever possible, the matter
of the standing of any person shall be determined prior to
a hearing before the hearings body. Where a question of
standing arises during a hearing, the hearings body may
determine the issue of standing at that time or may continue
the hearing until the issue of standing is resolved.
9. Record.
a. A verbatim record of the hearing shall be made by
written or mechanical means. The hearings body shall
keep minutes of its proceedings.
EXHIBIT B, PAGE 4
VOL 36PAGE 9"74
b. All physical and documentary evidence presented shall
be marked to show the identity of the person offering
the evidence and whether presented on behalf of the
proponent or opponent. Evidence may be received
subject to a later ruling as to its admissibility.
C. All exhibits received shall be retained by the
hearings body until after applicable appeal period
has expired. The exhibit shall then be released upon
demand to the person identified thereon upon receipt
of an acceptable facsimile thereof.
d. The Planning Department shall permanently file and
retain the verbatim record, and all exhibits and
documentary evidence received.
10. Challenge for Bias, Prejudgment -.or Personal Interest.
a. Prior to or at the commencement of a hearing, any
party may challenge the qualifications of the hearings
body or a member thereof for bias, prejudgment, or
personal interest. The challenge shall be documented
with specific reasons supported by facts.
b. No member of a hearings body shall participate in a
hearing, except under the rule of necessity, if:
i. He has a direct or substantial financial
interest in the subject of the hearing;
ii. He is related to the applicant or opponent in
the manner provided for in. ORS 227.035;
iii. He is in business with the applicant;
iv. He cannot be impartial because of prehearing
contacts;
v. For any other reason he determines affects his
impartiality.
C. Should the qualifications of the hearings body be
challenged, it or the member challenged shall either
disqualify itself, withdraw, or make a statement of its
capacity to hear, which statement shall be a part of
the record.
11. Prohibition of Prehearing Contacts. The hearings body
shall not communicate directly or indirectly with any party,
as defined in Section 7, or his representative in connection
with any material issue involved in- a hearing except upon
notice and opportunity for all parties to participate.
EXHIBIT B, PAGE 5
VOL 36PdGc 1 ,
12. Hearing Procedure.
a. A hearing shall be conducted in the following order,
or in such other manner as may be ordered by the
hearings body, so long as the parties are provided
a reasonable opportunity to present their cases:
i. The hearings body shall explain the purpose of
the hearing and announce the order of proceedings,
including reasonable time limits on presentations
by parties.
ii. A statement by the hearings body regarding pre -
hearing contacts, bias, prejudice, or personal
interest shall be made.
iii. Challenges to the hearings body's qualifications
to hear the matter shall be stated.
iv. Order of presentation:
(a) Staff Report.
(b) Applicant's proposal.
(c) Those in favor.
(d) Those in opposition.
(e) Applicant's rebuttal.
(f) Questions addressed to the chair may be
asked after each of the preceding steps.
V. Close of hearing and deliberation. The hearings
body shall either make its decision and state
the findings of fact or continue deliberation to
a subsequent date, the time and date of which shall
be announced. No additional testimony or evidence
shall be taken after closing of the hearing.
vi. All decisions shall be based on and include findings
of fact and conclusions of law supported by the
record.
b. Objections to Jurisdiction, Procedure, Notice,
Qualifications.
i. Any objections to lack of jurisdiction, failure
to follow procedural requirements, failure to
give proper notice, or objections to the qualifications
of the hearings body shall be made in writing not
later than ten days prior to the date of the
hearing, unless subh objections arise during the
course of the hearing itself. All such objections
shall be in writing if possible and shall state
in detail the grounds of the objection.
ii. When an objection is raised to matters contained in
Section 12(B)(1) the objection may be heard in
accordance with the procedures of Section VIII of
this Article.
EXHIBIT B, PAGE 6
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VOL 36PAGE 16
C. Limitation on Oral Presentations. The hearings body
may set reasonable time limits for oral presentations.
Parties may submit prior to the hearing such relevant
and material evidence in writing as is necessary to
support their position.
d. Oath or Affirmation. The hearings body may place any
person submitting testimony under oath or affirmation.
13. Reapplication Limited. If a specific application is denied,
E—
no reapplication or substantially the same proposal may be
made for six months following the date of the final decision.
14. Review by the Board.
a. A review of the Planning Commission's decision may
be initiated by the Board.
b. The review shall be ordered within 15 days of the date
of the final written decision of the Planning Commission.
C. A review hearing shall be conducted in the same manner
provided for in appeals.
15. Appeal.
a. The decision of the Planning Commission shall be final
unless a notice of appeal is received by the Planning
Director within 15 days following the date of the
final written determination by the hearings body.
b. Any affected or .aggrieved party may file a potice of
appeal.
C. Notice of Appeal. Every notice of appeal shall contain:
i. A statement of the petitioner establishing standing
to appeal.
ii. A reference to the application sought to be
reviewed, including the date of the final decision
of the hearings body.
iii. The specific grounds relied upon for appeal.
iv. A statement showing how the hearings body erred
in its decision.
d. Notice of Hearing on Appeal.
i. Published notice of the hearing and a record
of the proceedings on review shall be the same
as required for an initial hearing.
ii. If the hearing is to be held de novo, notice of
such fact shall also be given.
EXHIBIT B, PAGE 7
VOL 36PAGE 777
iii. Except as provided by Subsection iv of this
Section, the review of the initial hearing shall
be confined to the record of the proceeding
below, which shall include:
(a) All materials submitted and considered by
the hearings body as evidence;
(b) The tape recording and the minutes of the
hearing, or a transcript of the hearing if
requested by the reviewing body;
(c) A transcript of the hearing if requested
and paid for by the appellant;
(d) The decision of the hearings body and the
notice of appeal.
iv. De Novo Review.
(a) A party may request a de novo hearing by
filing a written motion with the Board within
15 days following the date of the final written
determination by the Planning Commission as
set forth in Section 15. The motion shall state
the reasons for the requested de novo hearing,
and why the appellant had no prior opportunity
to present the evidence sought to be introduced
at the de novo hearing.
(b) The Board may grant or deny the motion for a
de novo hearing. If the motion is granted a
hearing date shall be set no sooner than 14
days following the granting of the motion.
Notice of the de novo hearing shall be mailed
to individuals within the notification area
of the original application; shall be published
in a newspaper of general circulation in the
City of Redmond; and those individuals who have
established standing at the time of the initial
hearing. All notice shall be mailed or
published no later than ten days prior to the
de novo hearing date.
(c) A de novo hearing shall be conducted in
conformance with Section 12.
e. The Board may affirm, reverse, or amend the action taken
at the initial hearing. The matter may be remanded back
to the Planning Commission for further review or informa-
tion.
f. The Board's decision shall become final on the thirtieth
day following the date of the final written determination,
unless a rehearing is made pursuant to Section 16.
16. Rehearing by the Board. The Board may hear a matter on its
own motion, or upon petition of an affected or aggrieved
party, pursuant to this Section.
EXHIBIT B, PAGE 8
v
VOL 36PAGE 778
a. A motion for rehearing shall be made, if at all,
within 14 days after the Board's decision.
b. At the meeting at which the Board determines to rehear
the matter, it shall set the time and place for each
rehearing which shall not be later than 21 days from
the date of the decision upon first review.
C. A rehearing may be heard in any manner provided for in
the first review, except that all new evidence and
testimony introduced at the first review shall also
be included in the record.
d. No action shall be reheard more than once.
Section 11.070. FILING FEES. An application required by this
Ordinance shall be accompanie Ey a filing fee.
Section 11.080. REVOCATION. The Planning Commission or Board
may revoke or modify any permit granted under the provisions of this
Ordinance on any one or more of the following grounds:
1. A permit may be revoked on the basis of fraud, concealment,
or misrepresentation, or on the basis of wrong information
given to the Planning)Commission or Board at a public hearing.
2. A permit may be revoked on the basis that the use for
which such permit was granted is not being exercised within
the time limit set forth by the Planning Commission or
Board or this Ordinance.
3. A permit may be revoked on the basis that the use for
which such permit was granted has ceased to exist or has
been suspended for one year or more.
4. A permit may be revoked or modified on the basis that the
permit granted is being, or recently has been exercised
contrary to the terms or conditions of such approval or
in violation of any statute, code, resolution, law or
regulation.
5. A permit may be revoked or modified on the basis that the
use for which the permit was granted was so exercised as
to be detrimental to the public health, safety or welfare,
or in such a manner as to constitute a nuisance.
6. Any permit granted pursuant to this Ordinance shall become
null and void if not exercised within the time period
specified in the permit, within one year from the date of
approval of said permit.
7. The Planning Commission or Board shall hold a public
hearing on any proposed revocation after giving written
notice to the permittee and other affected persons as
set forth in this Ordinance. The Planning Commission
or Board shall render its decision within 45 days after the
EXHIBIT B, PAGE 9
VOL 36PAGE 7'79
conclusion of the hearing. In the case where the per-
mittee is not satisfied with the action of the Planning
Commission, he may appeal the decision to the Board in
the manner provided in Section 11.020 of this Ordinance.
Section 11.090. MAXIMUM TIME LIMIT ON A PERMIT FOR A
CONDITIONAL USE, VARIANCE, OR ZONE CHANGE. Authorization of a con-
ditional use, a variance, or a zone c ange shall be void after 12
months, or as otherwise set forth in this Ordinance, unless sub-
stantial construction has taken place.
EXHIBIT B, PAGE 10