Chapter 2.10
Planning Commission
Sections:
2.10.010 Planning Commission established.
2.10.100 Conflict of interest.
2.10.010 Planning Commission established.
There is hereby established a City Planning Commission (hereinafter referred to as “the Commission”) for the City of Brownsville, Oregon, as provided for in ORS chapter 227. [Ord. 491 § 1, 1980; 1981 Compilation § 1-5.1.]
2.10.020 Membership.
The Commission shall consist of seven members to be appointed by the Mayor with the consent of the Council, not more than two of whom may be nonresidents of the City. Of the two members residing outside of the City limits, one must reside inside the urban growth boundary. The other nonresident member may reside outside the urban growth boundary, but must own property within the City limits. Commission members shall receive no compensation. Four voting members constitute a quorum. [Ord. 569 § 1, 1987; Ord. 491 § 2, 1980; 1981 Compilation § 1-5.2.]
2.10.030 Term of office.
Members of the present Planning Commission as of the date of this chapter are encouraged to complete their terms of office. Members shall hold office for a term of four years. Any vacancy shall be filled by the Mayor for the unexpired portion of the term, after advertising in a local newspaper and after comment and recommendation from the Planning Commission. No more than one voting member of the Commission may engage principally in the buying, selling or developing of real estate for profit as individuals or be members of any family, partnership or officers or employees of any corporation that engages principally in the buying, selling or developing of real estate for profit. No more than two members shall be engaged in the same kind of occupation, business, trade or profession. [Ord. 647 § 1, 1996; Ord. 491 § 3, 1980; 1981 Compilation § 1-5.3.]
2.10.040 Meetings.
The Commission may make and alter rules and regulations for its government and procedures consistent with the laws of this state and with the City Charter and ordinances. It shall meet at least once a month at such times and places as may be fixed by the Commission. Special meetings may be called at any time by the Chairperson or by three members by written notice and served upon each member of the Commission, and posted at City Hall, the City library and post office, at least 24 hours before the time for the proposed meeting. [Ord. 491 § 4, 1980; 1981 Compilation § 1-5.4.]
2.10.050 Vacancies.
Appointments to fill vacancies shall be for the remainder of the unexpired term. A member may be removed by the Mayor after hearing, for misconduct or nonperformance of duty. A member who is absent for three consecutive, regular monthly meetings without the permission of the Commission Chairperson is rebuttably presumed to be in nonperformance of duty, and the Mayor shall declare the position vacant unless finding otherwise following a hearing. [Ord. 491 § 5, 1980; 1981 Compilation § 1-5.5.]
2.10.060 Officers.
The Commission, at its first meeting of the calendar year, shall elect a President and Vice President, who shall be members appointed by the Mayor and who shall hold office during the pleasure of the Commission. [Ord. 491 § 6, 1980; 1981 Compilation § 1-5.6.]
2.10.070 Secretary.
The City Administrator shall appoint a Secretary, who is not a member of the Commission, but may be the City Administrator. The Secretary shall keep an accurate record of all Commission proceedings. [Ord. 491 § 7, 1980; 1981 Compilation § 1-5.7.]
2.10.080 Powers.
The Commission shall have all the powers which are now or which are hereafter granted to it by the ordinances of this City or by the general laws of the state of Oregon. [Ord. 491 § 8, 1980; 1981 Compilation § 1-5.8.]
2.10.090 Expenditures.
The Commission shall have no authority to make expenditures on behalf of the City or to obligate the City for payment of any sums of the money, except as herein provided, and then only after the City Council shall have first authorized such expenditures by appropriate resolution, which resolution shall provide the administrative method by which funds shall be drawn and expended. [Ord. 491 § 9, 1980; 1981 Compilation § 1-5.9.]
2.10.100 Conflict of interest.
Members shall be required to vote on all matters before the Commission which require a decision, unless a member has a direct personal or pecuniary interest in said matter. When such an apparent or potential conflict of interest arises, the affected member shall disqualify himself from discussing or voting on the matter and shall not be considered as being present for the purpose of determining whether a majority vote has been cast.
A member of the Commission shall not participate in any Commission proceeding or action in which any of the following has a direct or substantial financial interest: the member or their spouse, brother, sister, child, parent, father-in-law, mother-in-law, partner, any business in which they are then serving or have served within the previous two years, or any business with which they are negotiating for or have an arrangement or understanding concerning prospective partnership or employment. Any actual or potential interest shall be disclosed at the meeting of the Commission where the action is being taken. [Ord. 491 § 10, 1980; 1981 Compilation § 1-5.10.]
2.10.110 Duties.
The duties of the Commission shall include the following:
A. The Brownsville Comprehensive Plan.
1. The Commission shall review the Brownsville Comprehensive Plan every three years.
a. The review shall consider, at least, technological change, changes in the community attitude, population, employment, economic and energy forecasts and predictions, changes in state law and plans, changes in community concerns, changes in community needs, and all new information available to the City.
b. The Commission shall hold open public meetings during the course of the review in order to give community residents an opportunity to participate in various stages of the planning process.
c. The Commission shall conduct community surveys and questionnaires which assess community attitudes and needs during the plan review process.
d. The Commission shall review, update and maintain the Brownsville Comprehensive Plan as a workable document for the citizens and future growth of Brownsville.
2. The Commission shall work toward the realization of all goals and implementation of all policies within the Brownsville Comprehensive Plan.
a. The Commission shall consider the following when Comprehensive Plan and zoning amendments are proposed:
i. Orderly economic provision for public facilities and services;
ii. Availability of sufficient land for the various uses to ensure choices in the marketplace;
iii. The policies of the Brownsville Comprehensive Plan; and
iv. Encouragement of development within urban areas before conversion of urbanizable area.
b. The Planning Commission shall preserve agricultural and forest land around the City by:
i. Targeting areas with all existing services as priority growth areas.
ii. Requiring specific development proposals for land being requested for annexation other than forced health hazard and island annexations.
iii. Require the developer to absorb the cost of facility extension.
c. The Commission shall encourage in-filling of vacant land and outward growth from existing development in a systematic and phased manner.
d. The Commission shall consider amendments to the Brownsville Comprehensive Plan which are initiated by:
i. Affected individuals, agencies and jurisdictions.
ii. The Brownsville Planning Commission.
iii. The Brownsville City Council.
B. Citizen Involvement. The Commission shall:
1. Be designated as the Committee for Citizen Involvement by the City Council in conformance with state law.
2. Hold open public meetings during the course of all planning programs in order to give community residents the opportunity to participate in various stages of the planning process.
3. Inform the community of Commission meetings through:
a. The civic calendar in the local newspaper;
b. Articles in the newspaper; and
c. Public hearing notices posted at City Hall, the post office and the City library.
4. Prepare or participate in the preparation of various studies and plans related to community or neighborhood development problems, issues and needs.
5. Periodically conduct community surveys and questionnaires to assess:
a. Community attitudes;
b. The planning process;
c. The Commission’s effectiveness in reaching the citizenry;
d. The Commission’s effectiveness in meeting community needs; and
e. Citizen involvement in the planning process.
6. Encourage citizen participation through such methods as:
a. Encouraging neighborhood groups;
b. Sponsoring internal neighborhood meetings;
c. Cooperating with established community organizations;
d. Providing a wide range of community interest projects;
e. Informing all citizens about issues; and
f. Making certain that all citizens can be heard in open public meetings.
C. Other Duties.
1. The Commission shall recommend to the City Council, after public hearing, specific amendments to the Brownsville Comprehensive Plan that may be proposed from time to time by the public, the Commission and the City Council. Said amendments shall be based either upon further studies or changed community priorities and conditions.
2. The Commission shall review and submit recommendations to the City Council regarding annexations and urban growth boundary changes.
3. The Commission shall review and submit recommendations to the City Council regarding the vacation of streets and the naming of streets.
4. The Commission shall review and take the appropriate action on all land partitions and subdivision requests affected by the subdivision code.
5. The Commission shall perform the duties of all committees stipulated by the Brownsville Comprehensive Plan until the City Council appoints a committee to perform specific duties. When an established committee disbands, is dissolved, or loses interest as a committee, all responsibilities of that committee shall be taken up by the Commission.
6. Make recommendations to the City Council and to public officials regarding land use, location of thoroughfares, public buildings, parks and other public facilities.
7. Conduct public hearings, prepare and maintain accurate minutes and records of these hearings, and perform such other duties relating to the City’s land use control ordinances, including zoning and subdivision regulations, as may be prescribed by state law and City ordinance.
8. The Commission may make studies, hold hearings and prepare reports and recommendations on its own initiative regarding any matter relating to the planning and development of the City and the surrounding area.
9. Provide the City Council with information and recommendations on planning-related issues, and be present at Council meetings when information and recommendations are reviewed.
10. Record and file minutes and other pertinent information related to Planning Commission meetings. All information will be available for public inspection at City Hall. Minutes will be forwarded monthly to the City Council.
11. All recommendations and suggestions made to the City Council by the Commission shall be in writing.
12. The Commission shall maintain records on all building permits issued by Linn County for land within the Brownsville urban growth boundary.
13. Recommend and make suggestions to the Council and to other public authorities concerning the laying out, widening, extending and locating of public thoroughfares, parking of vehicles, relief of traffic congestion, betterment of housing and sanitation conditions, and establishment of districts for limiting the use, height, area, bulk and other characteristics of building and structures related to land development.
14. Recommend to the Council and other public authorities plans for regulating the future growth, development and beautification of the City in respect to its public and private buildings and works, streets, parks, grounds and vacant lots, and plans consistent with future growth and development of the City in order to secure to the City and its inhabitants sanitation and proper service of public utilities, including appropriate public incentives for overall energy conservation and transportation facilities.
15. Recommend to the Council and other public authorities plans for promotion, development and regulation of industrial and economic needs of the community in respect to industrial pursuits.
16. Advertise the industrial advantages and opportunities of the City and availability of real estate within the City for industrial settlement.
17. Encourage industrial settlement within the City.
18. Make economic surveys of present and potential industrial needs of the City.
19. Study needs of local industries with a view to strengthening and developing them and stabilizing employment conditions.
20. Study and propose such measures as are advisable for promotion of the public interest, health, safety, comfort, convenience and welfare of the City and within the planning zone.
21. Do and perform all other acts and things necessary or proper to carry out the provisions of ORS 227.010 through 227.170, 227.175 and 227.180. [Ord. 491 § 11, 1980; 1981 Compilation § 1-5.11.]