Planning Commission Bylaws

The Bylaws and Rules of Procedures of the Woodland Park Planning Commission are adopted pursuant to the provisions of Section 31-23-104 C.R.S. and represent an amendment of and shall substitute for the bylaws of the Woodland Park Planning Commission adopted by the Woodland Park City Council and Codified in Chapter 2.40 of the Municipal Code of the City of Woodland Park. The bylaws shall be effective August 5, 2006.

BYLAWS AND RULES OF PROCEDURE
OF THE
CITY OF WOODLAND PARK
PLANNING COMMISSION

The Bylaws and Rules of Procedures shall be effective as of August 19, 2006. 

ARTICLE I
PURPOSE AND AUTHORITY

The purpose of the Woodland Park Planning Commission (“Commission”) shall be defined pursuant to the Woodland Park City Charter  (“Charter”) and the Woodland Park Municipal Code (“Code”).

ARTICLE II
MEMBERSHIP

Section 1.        Eligibility
The Commission shall consist of no less than five (5) and no more than nine (9) members, to be determined by the City Council.  Each member of the Commission shall be at least eighteen (18) years of age and a resident of the City of Woodland Park, for not less than one year at the time of appointment.  Any member’s term of office shall be immediately terminated upon the member ceasing to reside in the City of Woodland Park.  No Planning Commission member shall be a compensated employee of the City of Woodland Park.

Section 2.        Appointment, Terms of Office, and Vacancies
Planning Commission members shall be appointed by the City Council and sworn in by the City Clerk. The regular term for a Planning Commission member shall be three (3) years.  City Council shall appoint all members of the Planning Commission to overlapping terms.  Should a Planning Commission member be unable to complete his or her term, City Council may appoint a new member to fill the vacancy.  Such appointments will be effective only for the remainder of the term in which the vacancy occurs. 

Section 3.        Removal
The Council for non-performance of duty or misconduct may remove any member of the Commission.  Unexcused absence for three or more consecutive regular meetings or six (6) regular meetings within a calendar year may be considered a form of non-performance of duty.

Section 4.        Compensation
The members of the Commission shall receive no compensation.  Members shall be paid for authorized actual expenses incurred in the performance of their official duties.

ARTICLE III
POWERS AND DUTIES

Section 1.        Adoption of Master Plan
The Planning Commission shall have such duties concerning the Master Plan (“Plan”) as are set out in the Charter and Code. 

Subject to the Charter and Code, the Commission may amend, extend, or add to the Plan, or study any part of it in greater detail from time to time.  Any recommendation on the Plan or any part, amendment, extension or addition shall be by resolution carried by the affirmative votes of not less than a majority of the entire regular membership of the Commission. 

Section 2.        Subdivision Regulations
In accordance with the provisions of Title 17 of the Code, it shall be the responsibility of the Commission to recommend regulations governing the subdivision of land within the City of Woodland Park.  The Commission shall publicly review and recommended either approval, approval with conditions or disapproval of a Plat.  The recommendation of the Planning Commission shall be forwarded to the Woodland Park City Council for its consideration.

Section 3.        Zoning Regulations
In accordance with the provisions of Section 15.7 of the Charter and Title 18 of the Code it shall be the responsibility of the Commission to recommend regulations governing the uses of land and structures within the City of Woodland Park.  The Commission shall publicly review and either recommend approval, approval with conditions or disapproval of an application for the determination of zoning of property, or the change or modification of zoning property previously zoned.  The recommendation of the Planning Commission shall be forwarded to the Woodland Park City Council for its consideration.

Session 4.       Additional Powers and Duties
The Commission shall have additional powers and duties as are lawfully conferred upon it by the City of Woodland Park City Council, by the Charter and Code of the City of Woodland Park.  

ARTICLE IV
ORGANIZATION

Section 1.        Selection of Officers
The Commission shall elect annually a Chairperson and Vice Chairperson from among the appointed members at the first regular meeting after January 1 of each year.
 

Section 2.        Eligibility of Officers
No member of the Commission shall be eligible for office of Chairman or Vice Chairman until he/she has served on the Commission for at least one (1) year, unless no member has served a minimum of one (1) year. 

Section 3.        Duties
The Chairperson shall preside at all meetings, maintain order, decide all points of procedure, and appoint any committees deemed to be necessary.  The Vice Chairperson shall act as Chairperson in the Chairperson’s absence.  In the absence of the Chairperson and the Vice-Chairperson, the senior member present may preside at the meeting.  The role of Chairperson outside of the chamber consists of, and is not limited to, liaison with Mayor and Council and performance of ceremonial functions as appropriate.  In the event a member of the press requests an interview with the Planning Commission, the Chairperson is hereby designated as the member to be interviewed.

Section 4.        City Planning Department Assistance
The City Planner or the City Planner’s designated representative shall serve the Commission as executive secretary.  The City Planning Department shall furnish professional and technical advice to the Commission.

Section 5.        City Attorney Legal Assistance
In the event advice is needed on a question of law, the Commission shall request advice from the City Attorney or the City Attorney’s designated representative.

ARTICLE V
MEETING AND MEETING PROCEDURES

Section 1.        Regular Meetings
Regular meetings shall generally be held on the second and fourth Thursday of every month, at the advertised time.    Public hearings may be conducted at any regular or special meeting.  Meetings shall not extend past 10:55 P.M. without a majority vote  approving an extension of time for a specified duration.  The meeting shall be held in the City Council Chambers of City Hall, 220 W. South Avenue, Woodland Park, Colorado, unless advertised differently.  Whenever a legal holiday is on the same day as the meeting, such meeting shall be rescheduled.  The regularly scheduled meeting date may be changed by the Planning Commission or by the Planning Director provided that legal advertising requirements are met. 

Section 2.        Special Meetings
Special meetings may be called by the Chairperson, or at the request of three (3) members of the Commission, or at the request of the Planning Director.

Section 3.        Work Session
Work sessions for any purpose may be held at the request of the Chairperson, request of three (3) members, or at the request of the Planning Director.

Work sessions may be held at any regular meeting, or special meeting subject to providing notice as provided herein.  When a matter is set for a work session, public testimony may be barred or limited to particular persons at the discretion of the Commission.

Section 4.        Notice of Meetings and Hearings
Written notice of all meetings shall be given to Commission members by depositing in the mail or delivered in person, the agenda and all accompanying reports and applications, at least three (3) days, and preferably six (6) days before the date of meeting.

The agenda may be published as a courtesy to the public 6 days prior to the regular meeting in the City’s official newspaper, City’s website and other mediums as annually determined by City Council.

Further, notice of date, time, and place of any public hearing, to be held by the Commission, shall be given as required by the Charter and Code.

Section 5.        Agenda
An agenda may be prepared for each meeting of the Commission, which agenda should include the various matters of business as scheduled for consideration by the Commission.  Commission members may request items to be placed upon the agenda.

Section 6.        Quorum
Five  (5) or more of all the Commission members shall constitute a quorum for conducting business at any meeting.  No action shall be taken in the absence of a quorum, except to adjourn the meeting to a subsequent date.

Section 7.        Order of Business
The Chairperson shall conduct the meeting and maintain order.  The Chairperson shall call the Commission to order and the executive secretary shall record the members present and absent.

            The normal order of business should be as follows:

1. Call to Order and Roll Call
2. Pledge of Allegiance
3. Approval of the Minutes of the Previous Meeting
4. Requests and/or Public Hearings
5. Work sessions
6. Reports
7. Discussion and Comment
8. Adjournment

Section 8.        Withdrawal of Request
Any request may be withdrawn upon written notice to the executive secretary, or designee, but no request shall be withdrawn after posting of hearing notice or legal advertisement published for notification and prior to the public hearing thereon without formal approval of the Commission.

Section 9.        Public Hearing Procedure
The following general procedures may be utilized in connection with public hearings but are not mandatory:

1. The Chairperson may call each matter of business upon the agenda and shall announce the name of the applicant, and if applicable, the location of the property involved and the nature of the request.
2. The Chairperson may first call for the presentation by the City Planning Department.  The Department may offer its report and recommendation, review of applicable City regulations and policy, and report upon any communications received.
3. The Chairperson may then call upon the applicant to present his/her case and all evidence supporting the request.
4. The Chairperson may open public comment to all others who may wish to offer any comments pertaining to the request.
5. The Chairperson may offer the applicant on opportunity for rebuttal.
6. The Chairperson may close the public comment portion of the public hearing.
7. The Chairperson may entertain discussion from the Commission.  The Commission may seek answers to questions from the applicant, any interested person who offered a comment, and City Staff.
8. The Chairperson may call for discussion by and from the voting Planning Commission members.
9. The Chairperson may request the Commission to render a decision.
10. The Chairperson may solicit the majority and minority rationales for discussion prior to any vote.

Section 10.      Public Hearing Rules
A public hearing conducted by the Planning Commission may be held subject to the following general rules:

1. All arguments and pleadings shall be addressed to the Commission.  No questioning or argument between individuals shall be allowed.
2. Any relevant evidence may be considered.  The Chairperson may exclude irrelevant or redundant testimony and make such other rulings as may be necessary for the orderly conduct of the proceedings, while ensuring basic fairness and a full airing of the issues involved. Evidentiary objections shall be waived unless timely make.
3. Any written evidence or information supporting the granting or denial of an application shall be submitted to the City Planning Department prior to, or at the public meeting, or to the Commission during the public meeting for its permanent record.
4. In order to expedite the conduct of the hearing, the Chairperson may limit the amount of time, which a person may use in addressing the Commission.  The Chairperson may also limit the speakers or testimony upon a particular issue in order to avoid repetition and cumulative evidence.
5. Any person may speak to the issue upon being recognized by the Chairperson and stating his or her name and address.  If any person appearing is doing so on behalf of another, the name of the person for whom the appearance is made shall be stated on the record.
6. If an applicant or his/her representative does not appear, the request may or may not be considered at the meeting, but could be continued to the next regular meeting.  If an applicant fails to appear at two consecutive meeting without excuse, the applicant may be dismissed and may not be heard unless a subsequent application is filed.
7. Should any disputes arise regarding procedural matters, such dispute shall be resolved by applicable law or ordinance.  If no law or ordinance is applicable, the Commission shall be governed by procedures set fourth in the current edition of “Robert’s Rules of Order.”

Section 11.      Voting Procedure
Voting shall be by roll call and will be recorded as a yea, nay, abstention, or absence.  All members of the Commission present, including the Chairperson, are required to cast a vote on each motion.  The minutes of the proceedings shall indicate the vote of each member on every matter acted upon, and shall indicate either the member’s yea, nay, abstention, absence or failure to vote.  In accordance with Article VI, Section 1, a member shall abstain if said member has declared a conflict of interest.  Voting by the Planning Commission shall be held subject to the following rules:

1. A quorum of the Commission members shall be available to vote on any specific motion.
2. The Commission shall decide or recommend approval, approval with conditions or denial of any application or other matter under consideration.  By majority vote, the Commission may also defer action on any matter whenever it concludes that additional time for further study is necessary.  If continued, any public hearing or review shall be continued to a date certain, subject to the Charter and the Code, not to exceed sixty-five (65) days from the date of the deferred motion, except with the express consent of the applicant in which case the date certain may be more than sixty-five (65) days from the date of the deferred motion.
3. The concurring vote of a majority of the Commission members present shall be required to take official action including, but not limited to, the adopting of policy, the offering of recommendations, or the offering of decisions.
4. When a motion in favor of any request or other matter results in a tie vote, it shall be entered into the minutes as a vote to recommend denial of the application being considered.  The Chairperson shall request an explanation of any declining vote from the declining member(s).  When a motion for denial of any application or other matter results in a tie vote, it shall be entered in the minutes as a vote to deny the application being considered.  Nothing herein shall prevent any member from making a subsequent motion on any matter where a prior motion is not approved by a majority vote of all members present.  Staff will include detailed minority and majority rationales in Staff Reports submitted to City Council.
5. The Chairperson may make motions and/or second motions.
6. The Commission shall vote upon the merit of any application or other matter under consideration subject to the Charter and Code within one hundred-thirty (130) days from the beginning of the public hearing, unless the application is withdrawn by the applicant.  A vote to continue or table the matter under consideration shall not constitute a vote on its merits.

ARTICLE VI
MISCELLANEOUS PROVISIONS

Section 1.        Conflict of Interest
In the event that any member, or any member of his immediate family, has or could potentially be construed as having a conflict of interest, as defined by the laws of the State of Colorado and the City, the member shall declare such conflict of interest prior to the commencement of the public discussion of the agenda item, and shall then be excused from all further participation in the deliberation or voting on such item.  If the member has any questions as to whether or not a conflict exists, such member may request an opinion from the City Attorney.

Section 2.        Recording of Meeting
All public meetings of the Commission shall be recorded by electronic device.  Any person desiring to have a meeting recorded by an electronic device or by a stenographic reporter, at his or her own expense, may do so, provided that he or she consults the Commission’s executive secretary to arrange facilities for such recording prior to the commencement of the meeting, or does not otherwise disrupt the proceedings.

ARTICLE VII
AMENDMENTS

These Bylaws may be amended by majority vote of approval of the Planning Commission, followed by majority vote of approval of the City Council.

In Witness Whereof, the City of Woodland Park Planning Commission has Approved, Adopted and Signed these Bylaws and Rules of Procedure of the City of Woodland Park Planning Commission Upon the Day, Month and Year Specified Below.

To be Effective Upon the Day of August 18, 2006

Adopted this 5th day of August, 2005

City of Woodland Park
Planning Commission:

______________________________
Chairman

Amended and Passed By City Council

This 18th day of August, 2006

______________________________                                   
Mayor

Attest:

_________________________
City Clerk