HomeMy WebLinkAboutPL1ORDINANCE NO. pL _ |
AN ORDINANCE OF THE COUNTY OF DF_1S(1_fljT1,__--, CREATING A PLANIN11",IG r"D'i'AIMISSION.
The County Court of the County olDe-,c` utes, State of Orecon, do ordain
as fo||ows:
SECT I O"i I . I NTE'NT. It is the intent of the County Court by this
Ordinance to establish a Planning Comoission in accordance vifh law.
SECTION 2. CREATION. There is hereby created a Planning Commission
for the County of Deschutes, State of 0nagon.
SECTION 3. MEMBERSHIP OF PLAWINIG COMMISSION. The Planning
Commission shall consist of seven (7) members appointed by the
County Court for four-year terms and shall be selected from districts
of the County as follows: One (|) member from each of the Planning
Commissions of the Cities of Bend, Redmond and Sisters; and four (4)
members at large selected from unincorporated areas of the County
so as to provide adequate urban and rural representation thereof.
SECTION 4. STAGGERED TERMS OF INITIAL MEMBERS OF PLANNING COMMISSION.
The terms of initial members sha|l be staggered; one from the Planning
Commission of the Qfv of Bend for four (4) years; one from the Planning
Commission of the City of Redmond for three (3) years; one from the
Planning Commission of the City of Sisters for two (2) years; and four
from the unincorporafed area of the County for terms of one, two, three
and four years respectively.
SECTION 5. TERMS OF SUCCEEDING The successors to the
members first appointed, except those appointed to fill vacancies of
portions of unexpired terms, shai 1 be for terms of 'lour (4) years.
SECTION 6. COMMENCENENT OF TERMS. The ternis of office shall
commenc,_� on July 1.
SECTION 7. VACANCIES. Vacancies shall be filled by appointment
for fhs unexpired portion of the term.
SECTION 8. APPO|NTMENT OF CONN|5S|ON MEMBERS. �embers of the
Planning Commission shall be appointed by the Chairman of the County
Court with the approval of the County Court.
SECTION 9. LIMITATION OF NUMBER OF TERMS. Members who have served
two (2) consecutive terms shall not be eligible for appointment for o
period of four (4) years from the termination date of the last farm,
except that o member appointed to fill on unexpired portion of a term
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which is less than two (2) years may be appointed for two (2) additional
Terms.
SECTION |O. REMOVAL OF MEMBER OF COMMISSION. A member of the
Commission may be removed from office° after hearing/ for misconduct or
nonperformance of duty by o majority vote of the County Court.
SECTION ||. MEETINGS. The Planning Commission shall hold at least
one regular meeting each month at a time and place fixed by if. The firsf
meeting of the Planning Commission after appointment of members as provided
by this Ordinance shall be within 30 days after the effective date of
this Ordinance.
SECTION 12, CHAIRMAN, V|CE-CH8|RMAN, The Commission appointed
pursuant to this Ordinance shall elect a Chairman and a Vice -Chairman
at its first meeting for terms of one year, and thereafter shall elect a
Chairman and a Vice -Chairman each year for terms mf one year.
SECTION 13. AD\; 11'-'�ORY MEMBERS. Ad-viisory members of the
Planning Commission are as follows: o member of the County
Court appointed by fhe Chairman of the Counfy Courf w|fh �pprova|
of the Court, District Attorney, Roodmasfer, County Engineer and
County Health Officer. Advisory members shall not have a vote.
SECTION 14. D0��ENS8T10N, Members of the Planning Commission
shall serve without compensation other than reimbursement duly
authorized by resolution of the County Court for travel and
transportation expenses incurred directly in connection with the
performance of duties as a Planning Commission.
SECTION 15. RULES AND REGULATIONS OF COMMISSION. The Planning
Commission shall adopt rules and regulations for the transaction of
business and sho|| keep o record of its minutes, resolutions, transactions,
finding, reports, recommendations and determinations, which record
shall be o public record.
SECTION 16. PO`,�iERS AND DUTIES OF PLANNING COMMISSION AND PLANNING
DEPARTMENT. The Planning Commission and Planning Department shall have
such powers and duties as provided by law. The County Court may refer
matters to the Planning Commission for investigation and report. The
Planning Commission sha|| be advisory to the County Court on a|| matters
except as otherwise provided by law. The Planning Department shall serve
as the staff of the Planning Commission.
SECTION 17, EFFECTIVE DATE AND ADOPTION. This Ordinance shall
become effective January |, 1908. Adopted by order of the Deschutes
County Court and recorded in the Commissioners Journal, Vol. 12, Pg. 295^
��� RE5OLUT|ON
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BEFORE THE PL8�1U|NG COMMISSION OF THE COUNTY OF DESCHUTES,
STATE OF OREGON
WHEREAS, the County Planning Commission is required by Count,, of
Deschutes Ordinance No. PL - |, to adopt rules for the
transaction of business.
NOW/ THEREFORE BE IT RESOLVED that the Deschutes County
Planning Commission, pursuant to the granted if,
adopt the fol lowing rules for the conduct of its affairs.
A. PLANNING C01MISSION MEET I NGS.
|. Meetings of the County Planning Commission shall
be held on the second and fourth Wednesday of each month
at 7:30 p. m./ Courthouse Annex, provided, however, that
whenever the Commission at a naOu|or meeting sets a
different time and place fnr its meeting, such meeting
shall constitute a regular meeting for all purposes,
2. Special meetings may be ordered by the Chairman or
by a majority vote of the mambers. Notification by
telephone shall be given by the secretary at least
24 hours prior to the special meeting time.
3. Any regular or special meeting may he adjourned to o
time and place specified in the order of adjournment.
Lass than a quorum may make an order for adjournment.
4. The order of business at regular Planning Commission meetings
shall be:
a. Chairman calls meeting to order.
b. Roll call.
o. Approval of minutes of previous meeting.
d. Announcements.
e. Agenda.
f. Correspondence.
g. Adjournment.
5. Procedure: The rules of par|iamenfary practice as set forth
in Robert's Rules of Order shall govern of all meetings of
the Planning Commission except as otherwise provided herein.
O. 8 quorum for conducting fha business of the Commission shall
7. Minutes: The minutes of the Commission shall be kept by
the secretary or such ofher�persnn as he m-_,,1 designate,
with a record of each particular type of husiness trans-
acted (variance, conditional use permit, el -c.) set off
in paragraphs with proper subheads. A record shall be made
of the names and addresses of persons addressing the
Commission, the tit le of such matter to which their remarks
related, and whethar 'they spoke in support of or in opposition
to such matter. The secretary shall keep a public record of
the minutes, resolutions, transactions, findings and
determinations of the Commission,
B. Distribution of the minutes: As soon as possible after each
meeting, the secretary sha|| cause n copy of the minutes thereof
to be forwarded to each member of the Planning Commission,
including advisory members.
9. Reading of the minutes: Unless the reading of the minutes of
o meeting is requested by o member, such minutes may be
approved without reading if each member has previously been
furnished a copy thereof.
B. ELECTIONS & APPOINTMENTS
)~ The Planning Commission shall, of the first regular meeting
each January, elect from among the appointed members a Chairman
and Vice Chairman. Election shall be by secret ballot with
ballots cast separately for each office. Balloting for Vice
Chairman shall follow election of the Chairman. In each case, the
Commission members with the highest number of votes shall be
declared elected. For purposes of rotating the Chairmanship,
a Commissioner who has been elected for two successive terms
is ineligible for a third successive term.
2. In case of the absence of, or the inability of the Chairman and
the Vice Chairman to act, the members present at any meeting
shall, by an order entered into the minufos, select one of the
members as Chairman Pru Tem for that meeting.
3. The Director of Planning shall serve as Secretary of the
Commission and shall fix the dates of public hearings
and prepare the Planning Commission agenda.
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C. DUTIES OF OFFICERS' & F:'-i:`3ERS
I. The Chairman, or in his absence, the `'ice -Chairman, or
in his absence, tie Chairman Pro Tem, s1�all vote on all
questions and shall be the presiding officer at all
Planning Commission meetings. The presiding officer
shall preserve oruer and decorum and s�ia!I decide quest lons
of order.
2. Call to order: The Chairman shall ta'<e -he chair at the
time and place appointed for the meetin,, and shall call the
Commission to order. In the absence o the Chairman and the
Vice -Chairman, the secretary of the C-ommission shall cal the
Commission to order, whereupon a temporary chairman shall be
elected by the members present. Upon the arrival of the
Chairman or the Vice -Chairman, the temporary chairman shall
relinquish the chair at the conclusion of the business then
before the Commission.
3. All Planning Commission members wishing to make a statement or
ask a question shall first gain recognition by the Chairman.
4. The Chairman shall facilitate the business of the Commission.
He may limit the amount of time which a person may use in
addressing the Planning Commission.
5. The Chairman shall appoint and discharge all committees.
6. With the approval of the Commission, the Chairman may suspend
or vary the regular order of business.
i. Members of the Planning Commission shall absent themselves
from that part of the meeting w1henever items are being
considered wherein there is a conflic-1 of interest. Such action
may be taken voluntarily by a member. The conflict of interest may
otherwise be determined only by a majority vote of all the Commission
members present upon motion duly seconded. Before such a motion may
be heard, an allegation of the conflict of interest must be stated
and the member allegedly subject to the conflict of interesF
must be heard.
8. The Chairman shall certify the approved minutes of the Planning
Commission and shall sign such other documents as may be required
and shall perform all other duties necessary or incidental to his
office.
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y. The Sa_-refary shall maintain minutes of the Cor, -mission
0 meetings and sha|| record t1 -'s officia| act ions o� 1 -he
Planning Commission as required by law. He sha|| be
respnnsib|e to certify all o'l'[c(o| documents and
rnso|u��ons of the Commissiun. He shall exo�ine el |
inouminj mai/ for proper referral and answer correspondenma
for f�o Commission. He sha|1 eainfain records of operations
and perform such other duties as may be assigned by the
P|annin,� Commission.
iO, The P|anning Director sha|! be i -he administrative head
of fhe Daparfmenf of P/annin�. He shall furnish professional
and technical advice to the Commission and sha!| assist the
Commission in the discharge o� its responsibilities.
|}. A|| ques'ions of law shall ",e referred in writing by the
Secretary to the Deschutes County District Attorney. All
contracts and ordinances sho/| be referred to the District
A--,forney-
D. GENERAL RULES OF PROCEDURE
|, A|| Planning Commission meetings sha|{ be open to the public
as provided by law.
2. Except as provided in D.3. herein, requests for appearance
0 before the Commission for non-scheduled items shall be
made with the Planning Director at the Planning Deportment
office at least one week prior to a Planning Commission
meeting. Such requests shall be made in writing or on
forms provided and shall state the nature of the business
to be considered.
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3. Any urgency matters may be considered by the Planning
Commission upon request of any member of the Commi'ssion
or u�on request of the Planning Director. In the interest
of facilitating the Planning Commission meeting, a member
of the Planning Commission requesting consideration of
an urgency matter should notify the Secretary at fh* earliest
time practical.
4. Scheduled agenda items shall take precedence over urgency
matters and non-schedu|ed ifems, however, the Chairman
may allow consideration of an urgency matter at such time
as he deems appropriate.
5, Any of -the rules and procedures specified herein and which
otherwise aro not required by law may be suspended, changed
or mod ifi ed by reso|ufion of fhe P|anning Comm i7,s17on
by a majority vote of the Commission.
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E. PROCEDURE FOR CONDUCT OF PUBLIC HEARINGS
Chairman announces -the hearing, stating the nature of
the hearing, 'the general location and the applicant's
nam* (as if appears on -the agenda).
2. Planning Director or his designated officer shall present
a staff report describing the physical situation and other
facts bearing on the case, read or note communications
received and present evidence of due notice of the public
hearing. The staff report shall, where appropriate, include
recommendations for -the consideration of the Commission in
taking its action on the hearing matter.
]. Chairman declares the public hearing by calling for
testimony from applicant or his representative. The applicant
or his representative shall be given the opportunity to
supplement his application and present witnesses for the
purpose of presenting oro/ and/or documentary evidence to
support the application.
4. Chairman calls for further testimony of proponents.
5. Chairman calls for testimony of opponents. Persons who wish
- to testify in opposition shall be heard in order and the
privilege of argument sbo/} be afforded.
S. Chairman calls for closing statement by applicant or his
ropresenfafivm(nof necessary where no opposition appears).
The applicant shall have the right to present rebuttal testimony
and shall be afforded the privilege of argument.
7. Chairman declares the hearing closed.
8. Chairman ca/|s for discussion or examination by members of
the Commission. No -testimony sbo|| be heard from the floor
unless questioned by the Commission or the Planning Director.
g. Chairman shall call upon 'the Planning Director for any
closing recommendations or alterations based on hearing testimony.
(8s a matter of required procedure, this assures the Commission
that it will have the further views of its staff which are developed as
a result of hearing testimony presented.
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-- |O. Motion is made.
|l. Chairman asks 'he Commission mombers if there is furfher
discussion on fhe motion.
12' Chairman calls for the question. (Second to motion)
|]. Vote is fake,-.
14. Chairman annoonces the decision of Commission and proceeds
to the next item on agenda. He advises the applicant that
he will be ooiifiod of the decision in writing.
F. MISCELLANEOUS RULLES FOR PUBLIC HEARINGS
|. Addressing fha Commission: All ques-ions and comments
shall be direcfad through the Chairman, giving their name
and address. Whenever any group or parsons wish to address
the Commission on the same subject matter, the Chairman
shall have the right to request that e spokesman be chosen
to represent the group so as to avoid unnecessary repetition.
No person other than a Commissioner shall be permitted to
enter into any discussion without the permission of the
Chairman.
2. Hearsay testimony shall not be admitted as evidence.
Findings of the Commission shall not be based on unsupporfed
hearsay evidence alone. The Chairman shall rule on the
admissabi)itv of all evidence upon any objection made to the
fi | ing thereof - such rulings shall be referred to the
Commission for review and determination.
3. Oral or documentary testimony not received in an open hearing
shall be disregarded.
4. Findings of facf shall be relied upon in making o motion.
5. As provided by Oregon Revised Statutes, 'he Commission
and/or staff she || be pennifted -o enfer upon any property,
which is the subject of an app|ioafion, in order to make a
proper field review of the site.
However, discussion in the form o' a commitment on a mat ter,
prior fu the hearing, in the cmnpany of either on app |icant
or his reprosaf
n��ive or an oppo:enf without the company of
the other Commissioners or staff sha|/ be prohibited. (This
assures objectivity and fair freEitmanf.)
The need for a field review by 'he majority of the Commission
Is shall be valid reason to postpone a decision,
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C. COAIM |SS|0N D|RECT!VES
The Commission sha| |, from film* to �T,/-e' by directives
issued by if, establish procedures the processing of
the business of the Commission. Such _-'irecfives shall be
binding upon fho staff of the Commission and all persons
having business before the Conmissicn. (Directives may
cover the handling of correspondence, affendenoe at other
public meetings, the operation of i�fees of the Commission,
and a variety o/ other matters relating to the business of
the Commission.)
Adopted, as amended, this 2V -day of 1971.
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DESC S COUNTY PLA�NNINGGOIAIMI SS !I 01N
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CJ
1�1
BEFORE THE DESCHUTES COUNTY PLANNING COMMISSION
In the Matter of
AMENDMENT TO DESCHUTES
COUNTY ORDINANCE NO. PL -1
WHEREAS, the Board of County Commissioners has, since Ordinance PL -1
was adopted, hired a County Counsel to handle civil law matters for the Countz
NOW, THEREFORE, BE IT RESOLVED that procedural rule C(11) of the Planning
Commission Resolution of July 27, 1971, is amended to read as follows
(words in parenthesis are deleted; words underlined are added):
"C. Duties of Officer and Members.
11. All questions of law shall be referred in writing by
the secretary to the Deschutes County (District Attorney)
Counsel. All contracts and ordinances shall be referrEM
to the (District Attorney) County Counsel."
ADOPTED this day of .144tt4
1979.
DESCHUTES COUNTY PLANNING COMMISSION
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PAGE -1- RESOLUTION