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HomeMy WebLinkAbout2950 Planning Commission ORDINANCE NO. ~q 60 AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, CHAPTER 2.12, CITY PLANNING COMMISSION 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 Shop, 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 one (1) of whom may reside within three (3) miles outside the City limits. The Mayor shall be an ex officio, non-voting member 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. 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 Second Reading 3-18-08 Chapter 2.12-City Planning Commission 1. 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. 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 of providing 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 mutual communication on land use issues. The Commission is responsible to the City Council for making recommendations on land use plans and policies that are coordinated with other City plans, policies, and functions. B. The Planning Commission shall have the powers and duties to: 1. Periodically review the Comprehensive Plan and make recommendations to the City Council on public processes, studies, and potential revisions to the Plan. 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 planning issues and legislative changes to land use regulations and ordinances. Second Reading 3-18-08 Chapter 2.l2-City Planning Commission 2. 4. When needed to implement City goals and policies, meet with other planning bodies in the region on issues that affect City land use planning. Make recommendations to the City Council on regional land use issues in general. 5. Foster public awareness and involvement in all aspects of land use planning in the community. 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 setforth 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 codified. The foregoing ordinance was first read bJe only in a~ith Article X, Section (C) of the City Charter on the day of A, 2008, and d PA SED and ADOPTED this day of r; , 2008. /! ~ arbara M. Christensen, City Recorder SIGNED and APPROVED this--Z day of ~".iJl , 2008. t ~ n, Mayor Second Reading 3-18-08 Chapter 2.12-City Planning Commission 3. ORDINANCE NO. 'd4100 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 . in bold and additions are in bold underline. 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 (19751 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 one (1) w:o (2) of whom may be nonresidents of the City reside within three (3) miles outside the City limits. The Mayor Gity Attorney anc:l 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: Second Reading 3-18-08 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 Plannina 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 maiority of the total members of the commission. 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 Plannina Commission is the appointed citizen body with the primary responsibility of providina recommendations to the Mayor and City Council reaardina the overall direction of land use plannina. The Commission reviews and makes recommendations reaardina comprehensive land use plannina and fosters mutual communication on land use issues. The Commission is responsible to the City Council for makina recommendations on land use plans and policies that are coordinated with other City plans. policies. and functions. A. The powers and duties of the Cit}' Planning Commission may ~e, but shall not be limited to, those set forth in O.R.S. 227.090, et. seq., as follo'lJS: 1. ReGommend and make suggestions to the City Council and to all other public authorities Goncerning laying out, 'A'idening, extending, and locating streets, side'I:.alks and boule'/ards; parking; relief of traffiG Gongestions, betterment of housing and sanitation conditions; and establishment of zones or districts limiting the use, height, area and bulk of buildings and struGtures; Second Reading 3-18-08 Chapter 2. 12-City Planning Commission 2. 2. Recommend to the City Council and all other public authorities, plans for regulation of the future growth, de~:elopment and beautification of the municipality in respect to its public and private buildings and '.t'orks, streets, parks, grounds and ',acant lots; plans consistent with future gro'lIth 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, de\'elopment and regulation of industrial and economic needs of the communit:}' in respect to private and public enterprises engaged in industrial pursuits; 4. Ad\'ertise the industrial ad'.'antages and opportunities of the municipality and a,-'ailabilit}' of real estate \-Jithin the municipalit}' for industrial settlement; 6. Encourage industrial settlement 'A'ithin the municipality; 6. Make an economic survey of present and potential possibilities of the municipality '.vith a vie'.\' to ascertaining its industrial needs; 7. Study needs of existing local industries '--,lith a viell: to strengthening and de',eloping 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.RS. 227.010 to 227.160; 9. Study and propose, in general, such measures as may be advisable for promotion of the public interest, health, morals, safet}', comfort, con'lenience, and welfare of the City and of the area six (6) miles adjacent theret-o. B. In addition; The Plannina Commission it shall have the powers and duties to: 1. Periodicallv review the Comprehensive Plan and make recommendations to the City Council on public processes, studies, and potential revisions to the Plan. 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-iudicial decisions on land use applications and appeals of administrative land use decisions as prescribed bv the Ashland Code and Oreaon state law. 3. Conduct public hearinas and make recommendations to the City Council on plannina issues and leaislative chanaes to land use reaulations and ordinances. 4. When needed to implement City aoals and policies, meet with other plannina bodies in the rea ion on issues that affect City land use plannina. Make recommendations to the City Council on reaionalland use issues in aeneral. Second Reading 3-18-08 Chapter 2. 12-City Planning Commission 3. 5. Foster public awareness and involvement in all aspects of land use plannina in the community. 1. (Repeale~ ~y Ord. 1833,1974) 2. Re\'iew all proposed or~inances regulating or limiting the use, height, area, ~ulk and construction of buildings aA~ appurtenant faGilities, hold the necessary public hearings thereon, and mako its reGommeA~ations thereon in writing to the City Council; 3. Act as the urban renewal agency in lieu of the former Ashland De\'elopment Commission, to ':,hich reference is ma~e in Resolution No. 68 2, adopted by the City Council on Januaf}' 9, 1968. (Ord.1720, 87, 1972) C. Except as otherwise set forth by the City Council, the Plannina Commission may exercise any or all of the powers and duties enumerated in ORS 227.090 et. sea., 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 codified. l I l l I l l Second Reading 3-18-08 Chapter 2.12-City Planning Commission 4. The foregoing ordinance was first read b7 only in a~i!1,With Article X, Section 2(C) of the City Charter on the day of , 2008, and duly PASSED and ADOPTED this / day of /'i , 2008. . f ~r~ Sa ara M. Christensen, City Recorder SIGNED and APPROVED this :2 day o~, 2008. Second Reading 3-18-08 Chapter 2.12-City Planning Commission 5.