Bend City Councilors voted unanimously late Wednesday night to hear an appeal of the proposed OSU-Cascades campus off Century Drive in Southwest Bend. The appeal, filed by opposition group Truth In Site, will be heard at noon, September 29 in the City Council chambers. The appeal centers around traffic issues and a belief that the university should have included a master plan for an adjoining 46-acre parcel the university is looking at for a possible expansion.
The appeal comes on the heels of September 2 hearings officer ruling stating OSU-Cascades’ proposal met the City of Bend’s development code. Hearings officer Ken Helm wrote in his decision that code did not require the completion of a master plan.
Because the City of Bend has no authority over land purchasing decisions, the City Council, the City’s Planning Commission, and City staff have no official say in OSU’s site selection. But, in an effort to provide a greater opportunity for public input, OSU-Cascades submitted a site plan application to the City, and the Community Development Director declared the application a Type III public hearing.
Only those who participated in the two days of hearings earlier this summer will be allowed to submit written testimony on the issues previously raised. Testimony must be received by the city by 8:30 a.m. on the day of the hearing. While the site location is not under review, concerns about site layout, building height and size, setback requirements, parking, specific types of uses, and transportation impacts will be heard.
The Bend City Council decision to hear the appeal heads off Truth In Site’s option to file with the state Land Use Board of Appeals, a three-member, governor-appointed board that reviews land use decisions.
As the process stretches on, legal fees pile up with neither party backing down. Truth In Site argues against OSU’s Parking Management Plan while OSU-Cascades defends the plan, drafted by national traffic engineering firm, Kittelson & Associates. Truth In Site wrapped up their appeal by arguing because the city council, “knows the lay of the land and the affected community,” they will be able handle the decision better than the Land Use Board of Appeals.
Bend City Council Approves Request to Hear Appeal of Hearings Officer Decision Regarding OSU-Cascades Site Plan Application
The Council ominously agreed to hear the appeal filed by the opposition group Truth in Site. The appeal is set for noon on September 29. Mayor Clinton explained in detail the outline and guidelines for the appeal hearing.
Mayor Clinton reviewed the format of the appeal –
• Hearing Date – Monday, September 29, 2014 at 12:00 noon, in Council Chambers, City Hall.
• Written argument may be submitted by the Appellant, Applicant and anyone who provided comments to the Hearing Officer, during his public hearing, limited to issues raised in the Notice of Appeal.
• The hearing and any written argument will be limited to information already in the record. There will be no opportunity to submit new evidence.
• Written argument must be submitted to the City no later than 8:30am on Monday September 29.
• Written arguments should be submitted to OSUcomments@bendoregon.gov or to Aaron Henson.
• Staff will do their best to get all new documents posted online as soon as they are submitted.
• During the appeal hearing only on the issues raised by the Appellant in their Notice of Appeal will be discussed.
• The Appellant and Applicant will have an opportunity for brief oral presentations at the hearing. The Appellant is one entity. Each side may have 15 minutes for initial presentations and 10 minutes each for rebuttal or closing comments. The applicant will present first. In addition, each side may make brief presentations on the 3 main areas of the appeal: whether a master plan is required, the parking management plan and transportation issues, and then answer council questions. In addition, a brief presentation may be made on remaining issues to clarify written submittals and answer any council questions. The mayor will work with the city attorney to notify the appellant and applicant’s attorneys of the time limits for these presentations prior to the hearing.
• There will be no opportunity for other parties to speak at the hearing on the 29th.
• The hearing will then be closed and council will deliberate. The Council may direct staff to prepare a Final Order to be voted on at the October 15 regular Council meeting.
