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Bend Land-Use & Development Application Process

The outline below depicts the typical application process for the City of Bend.  Each application is unique and can have additional steps, such as further record extensions, the applicant's extension of the 120-day timeline, continuance of the public hearing and other variances.  These are all afforded by the city's land-use procedural rules and state law.

City Applicant Public
Pre-application with city.  
Pre-application neighborhood meeting.  Applicant must notify neighbors within 500 feet of development site about meeting as well as the appropriate neighborhood association. Provide applicant with comments on project.  Applicant has no legal obligation to incorporate comments into plans.
Submit application to city, including application fee, site plan, transportation study and other supporting documents.  
File assigned to a city planner on Monday following application  
Planner reviews file for completeness. If application is incomplete, applicant notified and can submit additional material.  Applicant can submit supporting/supplemental information but cannot include major changes that were not part of the project when notice was sent.  Major changes require a 'modification of application' be submitted and an additional notice.
Notify public and surrounding property owners that application has been submitted.   May submit comments to city planners regarding the application.
Applications with all supporting materials are typically deemed complete 30 days after submission.  City now has 120 days to reach a final decision under state law.
Schedule public hearing at the discretion of the planning department. Notification of hearing must be posted 20 days prior to hearing date and may be posted prior to application's being deemed complete.
Planners issue staff recommendations at least one week prior to a public hearing.
Hearings officer presides over public hearing. Offer testimony supporting applications and rebutting other testimony. May testify regarding legal issues related to application.
Hearings officer may leave the record open following the hearing, typically for three weeks. If hearings officer extends record for three weeks-
Week 1:  Submit new evidence.
Week 3:  Rebuttal of public comments.
if hearings officer extends record for three weeks-
Week 2:  Comment on new evidence submitted by applicant.
Hearings officer expected to issue decision within 21 days of closing the record.  Applications may be approved, approved with conditions, or denied.    
May appeal to the Bend City Council within 12 days. Anyone who has participated in the process by submitting comments or testifying may appeal to the Bend City Council within 12 days.
Council may hear no appeals, some appeals or all appeals.  It also has some latitude with respect to how appeals are handled an whether new testimony is accepted.  If council hears appeal(s), it must issue a decision within 120 days of the application having been deemed complete.    
Council must issue written opinion within two weeks of decision.
May appeal to the state Land Use Board of Appeals (LUBA) within 21 days. Anyone who has been involved in appeals to the council may appeal to the state LUBA within 21 days.

Source:  City of Bend & Bend Bulletin

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