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HomeMy WebLinkAboutItem 16- Planning Commission Municipal Code Amendments AGENDA ITEM SUMMARY Meeting Date: 5/6/2024 Meeting Type: Regular Meeting Staff Contact/Dept.: Kristina Kraaz, CAO Sandy Belson, DPW Staff Phone No: 541-744-4061 Estimated Time: Consent Calendar S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Encourage Economic Development and Revitalization through Community Partnerships ITEM TITLE: PLANNING COMMISSION MUNICIPAL CODE AMENDMENTS ACTION REQUESTED: Conduct a second reading and adopt/not adopt the following ordinance: AMENDING SPRINGFIELD MUNICIPAL CODE SECTIONS 2.402 THROUGH 2.424 RELATED TO CITY PLANNING COMMISSION AND ADOPTING A SEVERABILITY CLAUSE ISSUE STATEMENT: The Municipal Code section pertaining to the Planning Commission has provisions that are out of date. The proposed ordinance would update the Code to incorporate current Council practices and terminology. It would also require that any Commissioners who don’t live in the City of Springfield have a primary residence within the Springfield urban growth boundary. ATTACHMENTS: 1 – Proposed Ordinance Exhibit A – Legislative Municipal Code Amendments DISCUSSION/ FINANCIAL IMPACT: A first reading of the proposed ordinance was held on April 15, 2024. There is no financial impact to any of the proposed code amendments. The proposed amendments would: 1 – Continue to require at least five Commissioners to live within the city limits, but require any non-resident Commissioners to have their primary residence within the Springfield urban growth boundary. 2 – In accordance with Council’s current operating policies and procedures, require that Council declare an office of an appointed Commission member to be vacant. 3 – Update the name of the relevant department from Development Services to Development and Public Works. 4 – In accordance with Council’s current operating policies and procedures, no longer require a monthly meeting summary of Planning Commission activities. 5 – Update the reference in the Springfield Development Code for public hearings. 6 – Include reference to the Springfield Comprehensive Plan in addition to the Eugene-Springfield Metropolitan Area General Plan. Page 1 of 2 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. ___________ (GENERAL) AMENDING SPRINGFIELD MUNICIPAL CODE SECTIONS 2.402 THROUGH 2.424 RELATED TO CITY PLANNING COMMISSION AND ADOPTING A SEVERABILITY CLAUSE WHEREAS, Oregon Revised Statute (ORS) 227.020 grants the authority for a city to create a planning commission and provide for its organization and operations; WHEREAS, the Planning Commission was established by the Springfield City Council, codified in Springfield Municipal Code Sections 2.402-2.424 and serves at the will of the Council; WHEREAS, ORS 227.030 establishes membership requirements but cities have the authority to establish additional requirements; WHEREAS, the City Council finds that the community would be best represented if all members of the Planning Commission who are not residents of the City of Springfield are required to live within Springfield’s urban growth boundary; WHEREAS, per the currently-effective City Council Operating Policies and Procedures, the Council declares a position vacant and Council no longer expects a monthly meeting summary of Planning Commission activities; WHEREAS, the former Development Services Department is now a part of the Development and Public Works Department; WHEREAS, there have been a number of amendments to the Springfield Development Code over the years, such that public hearings are now referenced in Section 5.2.100 rather than in Article 14; and WHEREAS, the City has adopted the Springfield Comprehensive Plan as the Springfield-specific comprehensive plan and no longer relies exclusively on the Eugene-Springfield Metropolitan Area General Plan as the sole comprehensive plan for the City of Springfield; NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. Sections 2.402 through 2.424 of the Springfield Municipal Code are amended as provided in Exhibit A, attached hereto and incorporated by reference. Section 2. Severability Clause. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. ADOPTED by the Common Council of the City of Springfield this ______ day of May, 2024, by a vote of _____ for and ____ against. Attachment 1 Page 1 of 4 Page 2 of 2 APPROVED by the Mayor of the City of Springfield this ______ day of May, 2024. _______________________ Mayor ATTEST: __________________________ Acting City Recorder Attachment 1 Page 2 of 4 Exhibit A Amendments to Springfield Municipal Code 2.402-2.424 City Planning Commission 2.402 Creation. There is hereby created a Planning Commission for the city. 2.404 Membership. (1) The Planning Commission shall consist of seven members, to be appointed by the Mayor and Council, two of whom may be non-residents of the city. Non-residents must have their primary residence within the Springfield urban growth boundary. (2) No more than two appointed members shall be engaged principally in buying, selling or developing real estate for profit as individuals, or be members of any partnership, or officers or employees of any corporation that is engaged principally in buying, selling or developing of real estate for profit. No more than two voting members shall be engaged in the same kind of business, trade, profession or occupation. 2.406 Terms of Office. Appointed members shall each hold office for four years. 2.408 Vacancies. Any vacancy on the Commission shall be filled by the Mayor and Council for the unexpired portion of the term of the member creating the vacancy. The Council may declare an office of an appointed Commission member vacant whenever the Commission member has two consecutive unexcused absences. 2.410 Officers. At the beginning of each calendar year, the Planning Commission shall elect a chairperson and vice-chairperson who shall hold office for one year. 2.412 Secretary. The Development and Public Works director, or a duly authorized representative, shall keep an accurate and legally sufficient record of all proceedings before the Commission. Exhibit A, Page 1 of 2 Attachment 1 Page 3 of 4 2.414 Quorum. A majority of appointed members shall constitute a quorum. If a quorum is present, all matters shall be decided by a vote of the majority. 2.416 Meetings. The Planning Commission shall meet at least once a month, at such times and places as may be fixed by the Commission. Special meetings may be called in accordance with the public meeting laws by the chairperson or vice-chairperson. All meetings shall comply with state public meeting laws. Public hearings shall be held in accordance with Section 5.2.100 of the Springfield Development Code. 2.418 Staff—Expenses. (1) The principal staff to the Planning Commission shall be the Development and Public Works Director and the Development and Public Works Department staff. (2) Members of the Planning Commission shall receive no compensation but may receive incurred expenses. 2.420 Functions. (1) The Planning Commission shall be responsible for making recommendations to the Council concerning the legislative adoption of land use plans and land use regulations, in accordance with state law. Such plans and regulations shall include, but not be limited to, the Eugene-Springfield Metropolitan Area General Plan (Metro Plan), Springfield Comprehensive Plan, refinement plans and functional plans, the Springfield Development Code, and any other plans or regulations that implement or are subservient to the Metro Plan or Springfield Comprehensive Plan. (2) The Planning Commission shall also be responsible for the review of development proposals in the manner prescribed in the Springfield Development Code. In making such quasi- judicial land use decisions, the Planning Commission shall act impartially and in accordance with land use plans and regulations that have been adopted by the Council. 2.422 Recommendations to the City Council. All recommendations to the Council by the Planning Commission shall be in writing and shall include findings and reasoning in support of the recommendation. 2.424 Expenditures. The Planning Commission shall have no authority to make expenditures on behalf of the city or to obligate the city for the payment of any sums of money. Exhibit A, Page 2 of 2 Attachment 1 Page 4 of 4