Coos County Planning Department

Coos County Courthouse Annex, Coquille, Oregon 97423

Mailing Address: 250 N. Baxter, Coos County Courthouse, Coquille, Oregon 97423
Physical Address: 225 N. Adams, Coquille, Oregon
(541) 396-7770
FAX (541) 396-1022 / TDD (800) 735-2900
Jill Rolfe, Planning Director

Debby Darling, Planning Tech Amy Dibble, Planning Aide

NOTICE OF HEARING
This notice is to serve as public notice and if you have received this notice by mail it is because you are a participant, adjacent
property owner, special district, agency with interest, or person with interest in regard to one or more of the following land use
applications. Please read all information carefully as this decision may affect you. (See the vicinity map for the location of the
subject property that you may be of interest to you).

NOTICE IS HEREBY GIVEN THAT THE COOS COUNTY WILL HOLD PUBLIC HEARINGS ON WEDNESDAY,
MAY 31, 2017 AT 1:30 P.M. IN THE LARGE CONFERENCE ROOM OF THE OWEN BUILDING, 201 N. ADAMS,
COQUILLE, OREGON, REGARDING THE FOLLOWING LAND USE APPLICATION(S):

The City of North Bend has an application request for disposing of bio-solids on a property that is located in the Coos Bay
Estuary Management Plan. The property is further described as Township 25 Range 12 Sections 30/31/32B Tax Lots
700/100/300. As a condition of approval if the property owner and Tribes cannot agree on the appropriate measures, then the
governing body shall hold a quasi-judicial hearing to resolve the dispute. Therefore, the Board of Commissioners has appointed
a hearings officer to conduct the quasi-judicial hearing and make a final recommendation. The recommendation will be
reviewed by the Board of Commissioner and a final decision made. Policy #18 is the only review criteria that apply to this
request. The Planning Director conducted an administrative review of the initial plan and requested comments from both Tribes.
A hearing was set to review Policy #18 in 2016 but the Tribes and the applicant came up with a condition of approval stating
that the Tribes and the City of North Bend come up with an agreement to satisfy Policy #18. This agreement was due to be
delivered to the Coos County Planning Department by January 2, 2017. At the request of the parties this agreement date was
extended to February 1, 2017. This time period has past requiring the Planning Department to move forward with the quasi-
judicial hearing to address Policy #18.

Policy #18 states the following:

Upon receipt of the statement by the Tribe(s), or upon expiration of the Tribe(s) thirty day response period, the local
government shall conduct an administrative review of the Site Plan Application and shall:
a. Approve the development proposal if no adverse impacts have been identified, as long as consistent with other portions
of this plan, or
b. Approve the development proposal subject to appropriate measures agreed upon by the landowner and the Tribe(s), as
well as any additional measures deemed necessary by the local government to protect the cultural, historical and
archaeological values of the site. If the property owner and the Tribe(s) cannot agree on the appropriate measures, then
the governing body shall hold a quasi-judicial hearing to resolve the dispute. The hearing shall be a public hearing at
which the governing body shall determine by preponderance of evidence whether the development project may be
allowed to proceed, subject to any modifications deemed necessary by the governing body to protect the cultural,
historical and archaeological values of the site.

Please note that all other criteria was addressed and noticed without an appeal. Therefore, the only issue for review is Policy
#18.

The hearings officer in this matter has requested that all pre-hearing testimony be submitted on this matter by May 10,
2017 to allow time to review. The materials should be based on Policy #18.

The application(s), all documents and evidence in the record and a list of the applicable criteria are available for inspection at
the Planning Department. The Staff Report will be available for inspection at the Planning Department at least seven (7) days
prior to the scheduled Planning Commission hearing. Copies may be obtained at a cost of 50 cents per page.

All parties and witnesses shall have an opportunity to present and rebut relevant evidence. All testimony must be directed
toward the criteria identified in this notice, or other criteria contained in the CCZLDO, Coos County Comprehensive Plan

CD-15-206 Page 1
(CCCP), or other legal standards believed to apply to the subject application. Detailed information pertaining to the conduct of
the public hearing and submission of evidence is set out in CCZLDO Section 5.7.300.

Please note that any person presenting testimony on behalf of a group, company or organization must enter evidence into the
record that the group, company or organization has authorized the party to present testimony on their behalf.

All pre-hearing testimony should be provided to the Planning Department by April 18, 2016 to allow the information to be
incorporated into the staff report. However, written testimony and evidence may be submitted at the hearing. To provide
testimony by mail please address to Planning Department, Coos County Courthouse, 250 N. Baxter, Coquille, Oregon 97423, or
testimony may be deliver to the Planning Department at 225 N. Adams., Coquille, Oregon.

Submission of written materials for consideration shall be provided in the form of one original hard copy and one exact copy or
one original hard copy and one electronic copy. The County may, at its sole discretion, reject any materials that do not contain
the requisite number of copies. It may be requested that the County make the requisite number of copies subject to the submitter
paying the applicable copy charges. E-mail testimony may be submitted; however, it is the responsibility of the person
submitting the testimony to verify it has been received by Planning Staff by the applicable Deadline. All written testimony must
contain the name of the person(s) submitting it and current mailing address for mailing of notice. All written evidence or
testimony received prior to the close of the evidentiary record will be included in the evidentiary record. The decision shall be
based on the application submittal and information on record.

Upon request, the Hearings Officer may consider granting a continuance of the hearing, or may leave the record open to allow
submission of additional written evidence and rebuttal. Please be aware that failure to raise an issue prior to the close of the
evidentiary record, in person or by letter, or failure to provide statements or evidence sufficient to afford the decision maker an
opportunity to respond to the issue, precludes appeal to the Land Use Board of Appeals based on that issue.

Within ten (10) days of any final action taken by the Board of Commissioners, written notice of the decision shall be provided
to the applicant(s) and any others who participated either orally or in writing at the hearing. Anyone entering a signed
petition(s) into the record is responsible for providing individual notice of the decision to the signee(s) of the petition(s).

Further explanation concerning any information contained in this notice can be obtained by contacting the Planning Department
staff as follows: Jill Rolfe, Planning Director or Amy Dibble, Planner II (541) 396-7770, or by visiting the Planning
Department between the hours of 8:00 AM 5:00 PM (closed noon 1:00 PM), Monday through Friday.

COOS COUNTY PLANNING DEPARTMENT

Jill Rolfe, Planning Director

Coos County Staff Members
Jill Rolfe, Planning Director
Amy Dibble, Planner II
Crystal Orr, Planning Specialist
Sierra Brown, Planning Specialist
Troy May, Planning Assistant

POSTED & MAILED ON: April 10, 2017 POST THROUGH: May 31, 2017

CD-15-206 Page 2
 COOS COUNTY PLANNING DEPARTMENT
Mailing Address: 250 N. Baxter, Coos County Courthouse, Coquille, Oregon 97423
Physical Address: 225 N. Adams, Coquille Oregon
Phone: (541) 396-7770
Fax: (541) 396-1022/TDD (800) 735-2900

File: CD-15-206

Applicant/
Owner: City of North Bend

Date: April 10, 2017

25S12W29CTL0050000 25S12W30TL0070000

25S12W32BTL0030000 Location: Township 25S Range 12W

25S12W31TL0010000
Section 29C/30/31/32B
TL 500/700/100/300
Sources: Esri, HERE, DeLorme,
TomTom, Intermap, increment P Proposal: Compliance Determination:
Corp., GEBCO, USGS, FAO, Land Application of Biosolids
NPS, NRCAN, GeoBase, IGN,

EFU F

CB #18A-CA
CB #18-RS 500
503
1501
RR-2 507

508
Coos Bay #24-NA 900

Coos Bay #25-NA 700

Coos Bay #20-CA Coos Bay #18B-CA
800
2600

405
401
700
RR-2 RR-5
500 403

CB #18B-CA 700
Coos Bay #23-DA CB #19A-CA CB #20-RS
CB #19-D
200

CB #20A-DA
300
CB #25-NA CB #20A-WD

Coos Bay 100 100

CB #21-CA
CB #20-RS
CB #21A-NA

Coos Bay #21-RS CB #20-RS Source:

CB Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics,
#19B-DA EFU
CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP,
swisstopo,CB
and#20-CA
the GIS User Community