HomeMy WebLinkAbout2008-0204 Study Session/Special Mtg PACKET
CITY Of
ASHLAND
CITY COUNCILOR TRAINING ON NEW CHAMBER SET UP AND EQUIPMENT
Monday, February 4,2008 at 5:00 pm
Council Chambers, 1175 East Main Street
CITY COUNCIL STUDY SESSION
AGENDA
Monday, February 4, 2008 at 6:00 p.m.
Council Chambers, 1175 East Main Street
6:00 p.m. Study Session
1. Look Ahead Review
2. Review of regular meeting agenda for February 5, 2008
3. Planning Commission 2008-2009 Draft Goals Discussion
4. Does the Council wish to schedule first reading of a proposed ordinance to revise AMC
Chapter 2.12, which governs the Planning Commission?
CITY COUNCIL SPECIAL MEETING
AGENDA
Monday, February 4, 2008 at 7:00 pm
Council Chambers, 1175 East Main Street
7:00 p.m. Special Meeting
I. CALL TO ORDER
II. ROLL CALL
III. NEW
1. Should the amendments to the Ashland Land Use Ordinance that implement many of
the changes described in Phase 1 of the Siegel report and proposes changes to the
city's permitting and appeal procedures be approved?
IV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
CITY OF
ASHLAND
Council Communication
Planning Commission 2008 -2009 Draft Goals - Discussion
Meeting Date: February 4, 2008 Primary Staff Contact: Bill Molnar
Department: Co ity Development E-Mail: molnarb@ashland.or.us
Secondary Dept.: Secondary Contact: None
Approval: Estimated Time: 30 minutes
Question: None. No a ti n requested. This is an informational item only.
Staff Recommendation: None.
Background:
The Ashland Planning Commission has had several discussions over the past few months with regards
to their Goals over the next 12 to 18 months. After reviewing the Council's goals, the Planning
Commission discussed and identified a draft list of items that they believe matched up with Council
interests. A draft list of Commission goals for 2009 - 2009 has been included in the packet.
Related City Policies:
Ashland Comprehensive Plan
Council Options:
No action requested. This is an informational item only.
Potential Motions:
No action requested. This is an informational item only.
Attachments:
. Planning Commission 2008-2009 Draft Goals
Page 1 of 1
CC - Planning Commission Goals
r.,
CITY OF
ASHLAND
Planning Commission 2008-2009 Goals
(Draft)
1. Update the Vision for the City
. Council Goal
. PC interested in playing an important role
. Provide guidance other important City projects, such as revisions to the
Comprehensive Plan (not listed as a Council goal).
2. Provide Adequate Protections for Wetland and Riparian Areas
. Council Goal - Commission and Staff the "Lead"
. Wetland & Riparian Ordinance and Inventory adoption
3. Master Plan large industrial sites in order to address long range employment
needs
. Council Goal - Master Plan Croman Mill Site
. Goal of PC to play an important role
. Need to define that role - Implementation (Quick Response Program time
limitations)
4. Continue to Make Improvements to the Land Use Ordnance and Planning Process
- ongomg
. Arterial Setback Review
. Phase II LUO Amendments
. PC Training Guide & Candidate Preparation
. Public Hearings Guide
5. Take a More a Active Role in Regional Issues
Planning Commission 2008-2009 Goals
r-:-:---- ------------------------------------ -- ------
I Martha Bennett - Feb_ 4th Study Session segment with the Planning Commission
L________._....._.._..._.__.__.___.u....._____._________.___...__,_. ___________..______________ . . "______________________ __ _____. ______________
Page 1
From: "John Stromberg, Planning Commissioner" <pcstromberg@opendoor.com>
To: John Morrison <morrisoj@ashland.or.us>, Cate Hartzell <cate@mind.net>, Russ
Silbiger <russcity@zintech.org>, Kate Jackson <katejackson@opendoor.com>, David Chapman
<DavidChapman@AshlandHome.net>, Eric Navickas <ericnavickas@hotmail.com>, Alice Hardesty
<ahardesty88@charter.net>
Date: 1/29/2008 1 :36:50 PM
Subject: Feb. 4th Study Session segment with the Planning Commission
To the City Council and Planning Commission:
After consulting with the Mayor, Bill Molnar and Dave Dotterrer,
there's seems to be general agreement that the most productive way to
use our time with the Council on Feb. 4th is to have an informal
discussion of how the Planning Commission can align its efforts with
what the Council is attempting to achieve in its overall management
of the City's affairs. In other words, roles and goals statements
are just devices to formalize mutual understandings between our two
groups.
Also it's important to put this conversation in context. First of
all, both bodies are used to the Planning Commission acting in its
quasi-judicial role. More recently, with the LUO revisions, the
Arterial Setback and the Riparian Ordinance, the PC has also been
performing its legislative function. But as for real planning, in
the sense of creating new visions of where this city should be going
or of what changes should be made to update the Downtown/Railroad
District/Railroad Property, we all are stepping into somewhat
unfamiliar territory that may require us to operate and communicate
in new ways. From this perspective it seems best to set aside issues
of specific wording of the PC's duties, or formalization of the PC's
Goals vis a vis the Council's Goals, but instead start laying the
foundation of a shared conception of the community's up-coming
planning needs and how the PC can most effectively assist the Council
in dealing with these issues.
The following items may be helpful in preparing for the Feb. 4th
session:
1) If the Council sets in motion a community visioning process for
2008, in what ways could the Planning Commission further the
process's success?
2) During the past year the Planning Commission has initiated a
number of Ordinance changes that eventually end up on the Council's
agenda. Has the Council been comfortable with this process and/or
are there changes that could be made to direct the Commission's
energies in more productive directions?
3) To the extent that the Council's Goals, and the Council's general
focus, relate to planning, would the Council like more input from the
Planning Commission and more control/accountability from the
Commission on how it is conforming to the direction set by the Council?
While these questions are offered to help structure our discussion on
the 4th, it also would be helpful to talk with each other about them
prior to the meeting.
Martha Bennett - Feb. 4th Study Session segment with the Planning Commission
."'--..------.---.------ - ~.. ---.- - -------------
Feedback and comments re this message are welcome and will be
distributed to all concerned, with your permission, or brought to the
session itself if they fall under the restrictions of the Public
Meetings Law.
John Stromberg
Planning Commissioner
*Remember: All email sent to this address is in the public domain*
cc:
Martha Bennett <bennettm@ashland.oLus>
Page 2
CITY OF
ASHLAND
Council Communication
Study Session - Revised Planning Commission Powers and Duties Ordinance
Meeting Date: February 4,2008 Primary Staff Contact: Martha J. Bennett
Department: Administration E-Mail: bennettm@ashland.or.us
Secondary Dept.: Community Dev Secondary Contact: Bill Molnar
Approval: Martha J. B Estimated Time: 15 minutes
Question:
Does the Council wish to schedule first reading of a proposed ordinance to revise,AMC Chapter 2.12,
which governs the Planning Commission?
Staff Recommendation:
Staff recommends adoption of the attached ordinance, which has been revised following your August
7, 2007 meeting discussion of changes proposed by the Planning Commission.
Background:
As outlined to you in August 2007, the Planning Commission believes that several sections of the
ordinance related to the Planning Commission need to be updated. Some of the updates are for clarity
and some grant flexibility. The major revisions relate to the powers and duties delegated and exercised
by the Commission. The Commission was concerned that the current list of responsibilities for the
Planning Commission, which is directly copied from state law, focuses on issues rather than tasks and
also contains many topics that the Planning Commission doesn't actually cover, such "advertise the
industrial advantages and opportunities of the municipality. . ." (2.12.060.A.4)
Since your August 7, 2007 meeting, staff has made the following revisions:
· Changed Section 2.12.010 (page 1) in two ways - clarified that the two allowed non-resident
members must live within the City's Urban Growth Boundary. Second, clarified that the
Mayor is the ex-officio member of the Planning Commission (deleted "or designee").
· Revised Section 2.12.060.A. Deletions shown in strike out and additions underlined):
A. The Planning Commission is the appointed citizen body with the primary role and responsibility-Gf to
provid~ffig advice and recommendations to the Mayor and City Council reaardina the overall direction
of direction to and oversight of City land use planning. The Commission reviews and makes
recommendations reaardina conducts stewardship of comprehensive land use planning and fosters
public communication and leadership on land use issues. The Commission is responsible to the City
Council for making recommendations on land use plans and policies that are synchronized informed by
and coordinated with other City plans, policies, and functions.
· Revised most of the paragraphs in 2. 12.060.B. to address concerns raised by the Council, as
follows.
B. In addition, The Planning Commission shall have the powers and duties to:
1. Develop, roview, and maintain the Comprehensive Plan, conduct public reviews and updates in
conjunction with other commissions and citizen's committees, and recommend revisions to the City
Page 1 of2
020408 PC Powers and duties.CC.doc
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CITY OF
ASHLAND
Council. Periodically Review and make recommendations to the City Council about the need to review
and revise the Comprehensive Plan. Propose public processes. studies. and potential revisions to the
Comprehensive Plan to the City Council. Work in coniunction with other City citizen advisory
commissions. boards. and committees to ensure coordination of various elements of the
Comprehensive Plan.
2. Render quasi-judicial decisions on land use applications and appeals of administrative land use
decisions as prescribed by the Ashland Code and Oregon state law.
3. Prepare, Conduct public hearings 00, and make recommendations to the City Council on City
planning processes and functions :md on the legisbtive adoption of, and on leoislative changes to land
use regulations and ordinances.
4. Participate in regional planning activities that affect City land use pbnning and make
recommendations to the City Council on appropriate actions. Make recommendations to the City
Council on appropriate actions in response to reoional efforts that affect City land use plannino.
5. +e Study and propose in geneml such land use measures as may be advisable for the promotion of
to support environmental quality, aM sustainability, multi-modal transportation. and the retention and
creation of family waoe iobs.
6. Foster public awareness and involvement in all aspects of land use plannino in the community.
The Planning Commission has reviewed the revisions made by staff. They made no recommendations.
Several members have expressed concerns to staff that they believe that the Council needs to provide
additional direction about the role the Commission can play in assisting the Council with long-range
planning issues. Staff believes this proposed ordinance is not the limiting factor.
Related City Policies:
Council should review other boards and commission powers and duties, found in Chapter 2 of the
AMC. Staff believes that the revisions made since August 2007 make the proposed ordinance more
consistent with other delegations.
Council Options:
Council can direct staff to:
· Schedule the ordinance for Council Action
· Revise the ordinance prior to Council Action
· Table the ordinance
Potential Motions:
This is a study session, so motions are not needed for staff direction
Attachments:
Materials from August 7, 2007 meeting, including ordinance as originally presented to Council.
Page 2 of2
020408 PC Powers and duties.CC.doc
~.,
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE,
CHAPTER 2.12, CITY PLANNING COMMISSION
Annotated to show deletions and additions to the code sections being modified.
Deletions are . and additions are in bold.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition
thereto, shall possess all powers hereinafter specifically granted. All the authority
thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of FirefiQhters. Local 1660, Beaverton ShOD 20 Or.
App.293,531 P 2d 730, 734 (1975; and
WHEREAS, ORS 227.090 sets forth the powers and duties of Planning Commissions
and Chapter 2.12 of the City of Ashland Municipal Code further enumerates such
powers for the City of Ashland Planning Commission; and
WHEREAS, the City of Ashland Planning Commission has requested staff to update
Chapter 2.12 as set forth below.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: Section 2.12.010, City Planning Commission - Created, is hereby
amended to read as follows:
Section 2.12.010 CITY PLANNING COMMISSION - Created.
There is created a City Planning Commission of nine (9) members, to be appointed by
the Mayor and confirmed by the City Council, to serve without compensation, not more
than two (2) of whom may be nonresidents of the City reside outside the City limits,
within Urban Grown Boundary. The Mayor City .^.ttorney and City Engineer shall be
an ex-officio, non-voting members of the City Planning Commission.
SECTION 2: Section 2.12.040, City Planning Commission- Elections of Officers-
Annual Report, is hereby amended to read as follows:
Chapter 2.12-City Planning Commission
1.
Section 2.12.040 CITY PLANNING COMMISSION - Elections of officers--Annual
report.
The Commission, at its first meeting, or as set forth in the Planning Commission
bylaws, shall elect a Chair and a Vice-Chair, and shall appoint a Secretary who need
not be a member of the Commission, all of whom shall hold office at the pleasure of the
Commission. The Secretary shall keep an accurate record of all proceedings, and the
City Planning Commission shall, on the first d3Y of October of each year, make and file
a report of all its transactions with the City Council.
SECTION 3: Section 2.12.050, City Planning Commission - Quorum-Rules and
regulations, is hereby amended to read as follows:
Section 2.12.050 CITY PLANNING COMMISSION - Quorum--Rules and
regulations.
Five (5) members of the City Planning Commission constitute a quorum. The
Commission may make and alter rules and regulations for its government and
procedure, consistent with the laws of the state and shall meet at least once every thirty
(30) days. The recommendation to the City Council of any amendment to the Land
Use Ordinance or Comprehensive Plan shall be by the affirmative vote of not less
than a majority of the total members of the commission. (Ord. 1833, 1974)
SECTION 4: Section 2.12.060, City Planning Commission -Powers and Duties, is
hereby amended to read as follows:
Section 2.12.060 CITY PLANNING COMMISSION - Powers and duties--Generally.
A. The Planning Commission is the appointed citizen body with the primary
responsibility to provide advice and recommendations to the Mayor and City
Council regarding the overall direction of land use planning. The Commission
reviews and makes recommendations regarding comprehensive land use
planning and fosters public communication on land use issues. The Commission
is responsible to the City Council for making recommendations on land use plans
and policies that are informed by and coordinated with other City plans, policies,
and functions.
A. The powers ~md duties of the City PI:mning Commission may be, but sh311 not be
limited to, those set forth in O.R.S. 227.090, et. seq., 3S follows:
1. Recommend 3nd make suggestions to the City Council 3nd to 311 other public
authorities concerning l3ying out, widening, extending, and locating streets,
sidev.'3lks 3nd boulevards; parking; relief of traffic congestions, bettermont of
housing 3nd s3nit3tion conditions; and establishment of zones or districts limiting
the use, height, area and bulk of buildings and structures;
2. Recommend to the City Council and 311 other public 3uthorities, plans for
regul3tion of the futuro grovJth, development and beautification of the municip31ity
in respect to its public 3nd priv3te buildings and works, streets, parks, grounds
3nd \'3C3nt lots; pl3ns consistent with future grovlth and development of the City
Chapter 2. I 2-City Planning Commission
2.
in order to secure to the City ~md its inhabitants sanitation, proper service to all
public utilities; ~md transportation facilities;
3. Recommend to the City Council and all other public authorities, plans for
promotion, development and regulation of industrial and economic needs of the
community in respect to private and public enterprises engaged in industrial
pursuits;
1. Advertise the industrial advantages and opportunities of the municipality and
availability of real estate within the municipality for industrial settlement;
5. Encourage industrial settlement '....ithin the municipality;
6. Make an economic survey of present and potential possibilities of the
municipality with a viow to ascertaining its industrial needs;
7. Study needs of existing local industries with a view to strengthening and
developing local industries and stabilizing employment conditions;
8. Do and perform all other acts and things necessary or proper to carry out the
provisions of O.R.S. 227.010 to 227.150;
9. Study and propose, in general, such measures as may be advisable for
promotion of the public interest, health, morals, safety, comfort, convenience,
and welfare of the City and of the area six (6) miles adjacent thereto.
B. In addition, The Planning Commission shall have the powers and duties to:
1. Periodically review and make recommendations to the City Council about
the need to review and revise the Comprehensive Plan. Propose public
processes, studies, and potential revisions to the Comprehensive Plan to the
City Council. Work in conjunction with other City citizen advisory
commissions, boards, and committees to ensure coordination of various
elements of the Comprehensive Plan.
2. Render quasi-judicial decisions on land use applications and appeals of
administrative land use decisions as prescribed by the Ashland Code and
Oregon state law.
3. Conduct public hearings and make recommendations to the City Council
on legislative changes to land use regulations and ordinances.
4. Make recommendations to the City Council on appropriate actions in
response to regional efforts that affect City land use planning.
5. Study and propose land use measures as may be advisable to support
environmental quality, sustainability, multi-modal transportation, and the
retention and creation of family wage jobs.
6. Foster public awareness and involvement in all aspects of land use
planning in the community.
1. (Repealed by Ord. 1833, 1971)
2. Revie'.\' all proposed ordinances regulating or limiting the use, height, area, bulk
and construction of buildings and appurtenant facilities, hold the necessary public
Chapter 2 .12-City Planning Commission
3.
hearings thereon, ~nd mako its recommend~tions thereon in '.'.'riting to the City
Council;
3. Act as the urban renev:al agency in lieu of the former Ashland Development
Commission, to which referenco is made in Rosolution No. 68 2, ~dopted by tho
City Council on J~nuary 9,1968. (Ord. 1720,57,1972)
C. Except as otherwise set forth by the City Council, the Planning Commission
may exercise any or all of the powers and duties enumerated in ORS 227.090 et.
seq., as well as such additional powers and duties as are set forth herein.
SECTION 5: Severability. If any section, provision, clause, sentence, or paragraph of
this Ordinance or the application thereof to any person or circumstances shall be held
invalid, such invalidity shall not affect the other sections, provisions, clauses, or
paragraphs of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be
severable.
SECTION 6: Savings Clause. Notwithstanding this amendment/repeal, the City
ordinances in existence at the time any criminal or civil enforcement or other actions
were commenced, shall remain valid and in full force and effect for purposes of all
cases filed or actions commenced during the times said ordinance(s) or portions thereof
were operative.
SECTION 7: Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 5-
7 ) need not be cod ified.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2007,
and duly PASSED and ADOPTED this day of ,2007.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2007.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, Interim City Attorney
Chapter 2.12-City Planning Commission
4.
fi<.olVt +Ii!...
~ r- 7; WtJ .~
~;--
PLANNING COMMISSION POWERS AND DUTIES ORDINANCE
REVISION
]. Purpose. To revise the duties, responsibilities, and powers of the Planning
Commission to align them with high priority land use planning requirements, better
define these roles, and ensure these roles can reasonably be carried out by a citizen's
commission. These changes address why Ashland has a Planning Commission and what
it does; not how it conducts business or any specifics of land use planning.
2. Background
· At May 2005 retreat the Planning Commission decided powers and duties
assigned by city code needed revision.
· Duties unclear, provide no priorities, more than the Commission can handle, and
the Commission was not accomplishing many of its assigned responsibilities.
· Without a clear, straightforward, precise description of why the Planning
Commission exists and what it does it is difficult to address highest priority land
use Issues.
· Planning Commission found itself setting broad land use planning policy via
individual applications vice addressing those policies in advance.
· State law allows city wide latitude in defining Planning Commission powers and
duties.
· Surveyed municipal codes of 22 cities, ranging in size from Ontario to Portland,
to provide a list of potential responsibilities other cities in Oregon have assigned
to their planning commissions.
· This "menu" was reduced to 3 pages of duties and was an all-inclusive list as no
city assigned all these duties to their planning commission.
· List was reduced to seven basic duties which, while worded differently by Oregon
cities, were a manageable list of options.
· After further discussions list was increased to ] 2, for example adding affordable
housing and sustainability duties.
3. Options Considered
· Strategic direction and oversight of land use planning issues, vision, and priorities
and the land use planning process.
· Comprehensive Plan development and maintenance.
· Transportation planning.
· Capital improvement program planning.
· Make quasi-judicial decisions on land use applications and appeals of
administrative land use decisions.
· Land use planning public education.
· Recommendations to the City Council on land use regulations and ordinances.
· Economic and industrial development planning.
· Act as a formal committee for citizen involvement.
· Monitor/participate in regional planning within 6 miles of the city limits.
· Ensure an adequate housing supply, particularly affordable housing.
· Propose measures for the promotion of sustainability.
4. Recommendation
· Recommended revision of the AMC is attached.
. A basic description of why Ashland has a Planning Commission and what
functions are expected of the Commission; meant to focus efforts.
· Duties stated generically to ensure future Councils and Commissions are not
restricted in how land use planning functions are conducted or what specific
decisions should be.
· While many other City functions are connected to land use planning, did not
address what those connections should be.
· Rationale for duties recommended:
o While the options and much of what the City does is directly connected to
land use planning we used two criteria to reach our recommendation:
· Highest priority duties which the Planning Commission should do.
· A set of duties which a part-time citizen's commission can
reasonably do well.
o Introduction states ,why there is a Planning Commission and its
responsibility to the Council.
o All recommended duties were unanimously approved except sustainability
which four commissioners believed was a goal and not a specific duty.
. Rationale for duties not recommended:
o Transportation planning - needs to be a separate commission; however,
needed to closely tied into Planning Commission.
o Capital improvement program planning - Planning Commission should
monitor only, obtain briefings.
o Land use planning public education - an inherent responsibility of all
commIssIons.
o Economic and industrial development planning.
· Should be another commission.
· As with transportation planning needs to be closely tied to
Planning Commission
o Act as a formal committee for citizen involvement.
· Planning Commission should not be the formal organization which
meets this State requirement.
· Citizen involvement is a key element of our process.
· As the City determines how this requirement is met the Planning
Commission should be part of the process.
o Ensure an adequate housing supply, particularly affordable housing.
· Possible overlap with Housing Commission.
· A goal, not a role or responsibility for Planning Commission.
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE,
CHAPTER 2.12, CITY PLANNING COMMISSION
Annotated to show deletions and additions to the code sections being modified.
Deletions are . and additions are in bold.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as
affording all legislative powers home rule constitutional provisions reserved to
Oregon Cities. Citv of Beaverton v. International Ass'n of FirefiQhters. Local
1660. Beaverton ShOD 20 Or. App. 293,531 P 2d 730, 734 (1975; and
WHEREAS, ORS 227.090 sets forth the powers and duties of Planning
Commissions and Chapter 2.12 of the City of Ashland Municipal Code further
enumerates such powers for the City of Ashland Planning Commission; and
WHEREAS, the City of Ashland Planning Commission has requested staff to
update Chapter 2.12 as set forth below.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: Section 2.12.010, City Planning Commission - Created, is hereby
amended to read as follows:
Section 2.12.010 CITY PLANNING COMMISSION - Created.
There is created a City Planning Commission of nine (9) members, to be
appointed by the Mayor and confirmed by the City Council, to serve without
compensation, not more than two (2) of whom may be nonresidents of the City.
The Mayor, or designee, City Attorney and City Engineer shall be ex officio, non-
voting members of the City Planning Commission.
SECTION 2: Section 2.12.040, City Planning Commission- Elections of Officers-
Annual Report, is hereby amended to read as follows:
Section 2.12.040 CITY PLANNING COMMISSION - Elections of officers--
Annual report.
Chapter 2.12-City Planning Commission
I.
The Commission, at its first meeting, or as set forth in the Planning
Commission bylaws, shall elect a Chair and a Vice-Chair, and shall appoint a
Secretary who need not be a member of the Commission, all of whom shall hold
office at the pleasure of the Commission. The Secretary shall keep an accurate
record of all proceedings, and the City Planning Commission shall, on the first
day of October of each year, make and file a report of all its transactions with the
City Council.
SECTION 3: Section 2.12.050, City Planning Commission - Quorum-Rules and
regulations, is hereby amended to read as follows:
Section 2.12.050 CITY PLANNING COMMISSION - Quorum--Rules and
regulations.
Five (5) members of the City Planning Commission constitute a quorum. The
Commission may make and alter rules and regulations for its government and
procedure, consistent with the laws of the state and shall meet at least once
every thirty (30) days. The recommendation to the City Council of any
amendment to the Land Use Ordinance or Comprehensive Plan shall be by
the affirmative vote of not less than a majority of the total members of the
commission. (Ord. 1833, 1974)
SECTION 4: Section 2.12.060, City Planning Commission -Powers and Duties,
is hereby amended to read as follows:
Section 2.12.060 CITY PLANNING COMMISSION - Powers and duties--
Generally.
A. The Planning Commission is the appointed citizen body with the
primary role and responsibility of providing direction to and oversight of
City land use planning. The Commission conducts stewardship of
comprehensive land use planning and fosters public communication and
leadership on land use issues. The Commission is responsible to the City
Council for making recommendations on land use plans and policies that
are synchronized with other City plans, policies, and functions.
1\. The powers and duties of the City Planning Commission may be, but shall not
be limited to, those set forth in O.R.S. 227.090, et. seq., as follo\a:s:
1. Recommend and make suggestions to the City Council and to all other
public authorities concerning laying out, '.videning, extending, and locating
streets, sidewalks and boule'Jards; parking; relief of traffic congestions,
betterment of housing and sanitation conditions; and establishment of
zones or districts limiting the use, height, area and bulk of buildings and
structures;
2. Recommend to the City Council and all other public authorities, plans for
regl::llation of the future growth, development and beautification of the
municipality in respect to its pl::lblic and private buildings and works,
streets, parks, grounds and 'Jacant lots; plans consistent ':/ith future
Chapter 2.] 2-City Planning Commission
2.
grolJ:th and development of the City in order to secure to the City and its
inhabitants sanitation, proper service to all public utilities; and
transportation facilities;
3. Recommend to the City Council and all other public authorities, plans for
promotion, development and regulation of industrial and economic needs
of the community in respect to priv3te and public enterprises engaged in
industrial pursuits;
4. I\dvertise the industrial 3dvantages and opportunities of the municipality
and a'Jailability of real estate within the municipality for industrial
settlement;
5. Encourage industrial settlement '.\'ithin the municip3lity;
6. Make an economic survey of present and potential possibilities of the
municipality 'Nith a vie'A' to 3scertaining its industri31 needs;
7. atudy needs of existing local industries 'I:ith a vie...: to strengthening and
developing local industries and stabilizing employment conditions;
B. Do and perform all other acts and things necessary or proper to carry out
the provisions of O.R.S. 227.010 to 227.150;
9. atudy and propose, in general, such measures as may be advisable for
promotion of the public interest, health, morals, safety, comfort,
con':enience, and welfare of the City and of the 3rea six (6) miles adjacent
thereto.
B. In addition, The Planning Commission shall have the powers and duties to:
1. Develop, review, and maintain the Comprehensive Plan, conduct
public reviews and updates in conjunction with other commissions and
citizen's committees, and recommend revisions to the City Council.
2. Render quasi-judicial decisions on land use applications and appeals
of administrative land use decisions as prescribed by the Ashland Code
and Oregon state law.
3. Prepare, conduct public hearings on, and make recommendations to
the City Council on City planning processes and functions and on the
legislative adoption of, and changes to, land use regulations and
ordinances.
4. Participate in regional planning activities that affect City land use
planning and make recommendations to the City Council on appropriate
actions.
5. To study and propose in general such land use measures as may be
advisable for the promotion of environmental quality and sustainability.
1. (Repealed by Ord. 1833, 1974)
2. Revie'.\' all proposed ordinances regulating or limiting the use, height,
area, bulk and construction of buildings and appurtenant facilities, hold the
Chapter 2.] 2-City Planning Commission
3.
necessary public hearings thereon, and make its recommendations
thereon in 'lIriting to the City Council;
3. Act as the urban rene'!:al agency in lieu of the former Ashland
De':elopment Commission, to which reference is made in Resolution No.
68 2, adopted by the City Council on January 9, 1968. (Ord. 1720, S7,
~
C. Except as otherwise set forth by the City Council, the Planning
Commission may exercise any or all of the powers and duties enumerated
in ORS 227.090 et. seq., as well as such additional powers and duties as
are set forth herein.
SECTION 5: Severability. If any section, provision, clause, sentence, or
paragraph of this Ordinance or the application thereof to any person or
circumstances shall be held invalid, such invalidity shall not affect the other
sections, provisions, clauses, or paragraphs of this Ordinance which can be
given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
SECTION 6: Savings Clause. Notwithstanding this amendment/repeal, the
City ordinances in existence at the time any criminal or civil enforcement or other
actions were commenced, shall remain valid and in full force and effect for
purposes of all cases filed or actions commenced during the times said
ordinance(s) or portions thereof were operative.
SECTION 7: Codification. Provisions of this Ordinance shall be incorporated
in the City Code and the word "ordinance" may be changed to "code", "article",
"section", or another word, and the sections of this Ordinance may be
renumbered, or re-Iettered, provided however that any Whereas clauses and
boilerplate provisions (Le. Sections 5-7 ) need not be codified.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of ,2007,
and duly PASSED and ADOPTED this day of ,2007.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2007.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, Interim City Attorney
Chapter 2.12-City Planning Commission
4.
Amending Planning Commission Authority
.
Overview
The Planning Commission is proposing the following changes to Section
2.12 of the Municipal Code, which we wish to discuss tonight with the
Council.
Major Recommendation: New Statement of PC Powers and Duties
Secondary Recommendations:
1. Remove City Attorney and Engineer as ex officio members.
2. Allow Mayor to designate someone to serve in his/her place
as an ex officio member of the Commission.
3. Allow the Commission to decide when it elects officers.
4. Require a majority of the full Commission when recommending
changes to the Comp Plan or Land Use Ordinance.
5. Retain the former powers and duties on a "may exercise" basis.