[Amended 3-19-2007 by Ord. No. 1822; 6-20-2011 by Ord. No. 1883]
A. Intent and Purpose.
1. The City of Kalamazoo by Ordinance No. 340, dated January 8, 1951, did establish the City of Kalamazoo Planning Commission, codified as §§
2-58 through 2-67 under Article IV, Chapter Two of the City Code for the City of Kalamazoo.
2. The powers and duties of the Planning Commission are also set forth in §
11.2 under Chapter
11 of Appendix A, Zoning Ordinance.
3. Under P.A. 33 of 2008 the State of Michigan enacted the Michigan
Planning Enabling Act, MCLA 125.3801 et. seq (Planning Act), which
repealed the Municipal Planning Act, County Planning Act, and Township
Planning Act.
4. The Planning Act authorizes the creation and/or continuation of a
planning commission to address and recommend planning and zoning ordinances,
master or neighborhood plans and similar actions in the City of Kalamazoo;
to organize, enumerate powers and duties; to provide for the regulation
and subdivision of land, coordinated and harmonious development of
the City; and to function in cooperation with other constituted authorities
of incorporated and unincorporated areas within the County of Kalamazoo.
5. To ensure that proper record of action is noted and the provisions of the City Code and Zoning Ordinance are in compliance with the Planning Act, as amended, it is now desired to repeal Article IV, Chapter Two of the City Code for the City of Kalamazoo and to replace §
11.2, Chapter
11 of Appendix A, Zoning Ordinance by adopting this ordinance.
B. Creation of Planning Commission. The City of Kalamazoo Planning Commission
(Commission) is created pursuant to the Planning Act, with the powers
and duties as set forth and provided under the Planning Act and this
ordinance. This ordinance shall be officially known and described
as the "City of Kalamazoo Planning Commission Ordinance."
C. Membership.
1. The Commission shall consist of nine members appointed by the Mayor,
with the approval of a majority vote of the City Commission. The individuals
currently serving as members of the Commission shall continue to serve
for the remainder of that individual's term.
2. An individual shall be a qualified elector of the City of Kalamazoo,
in order to be appointed and to continue to serve as a member of the
Commission.
3. The membership shall be representative of the important geographic
and interest segments which are detailed in the Planning Act and which
exist in and are relevant to the City of Kalamazoo.
4. Members shall be appointed for three-year terms. If a vacancy occurs,
the vacancy shall be filled for the unexpired term in the same manner
as provided for an original appointment such that, as nearly as possible,
the terms of 1/3 of all Commission members continue to expire each
year. A member shall hold office until his or her successor is appointed.
5. Members shall serve no more than two consecutive full terms, not
counting when a member is appointed to fill an expired term when a
vacancy occurs.
6. Membership on the Commission shall otherwise comply with Rule 12
of the City Commission Rules, as amended.
D. Removal from Office.
1. The City Commission may remove a member of the Commission for misfeasance,
malfeasance, or nonfeasance in office upon written charges and after
a public hearing. Failure to disclose a potential conflict of interest
shall be considered malfeasance in office. Failure to repeatedly attend
Commission meetings, in accordance with City Commission Rule 12, shall
be considered nonfeasance in office.
2. The Secretary of the Planning Commission shall report to the City
Commission any member who has missed three regular meetings in a row
without having made a request to be absent from a meeting for just
cause.
E. Meetings.
1. The Commission shall meet at least four times in any calendar year.
The Commission may meet more regularly than required under the Planning
Act. The Commission shall publish the dates, times and places of its
regular meetings in accordance with the provisions of the Open Meeting
Act, MCLA 15.265, as amended.
2. A majority of the Commission shall constitute a quorum for the transaction
of the ordinary business of the Commission. All questions which shall
arise at a meeting where a quorum is present shall be determined by
a majority vote of the members present at such meeting. If at any
time during a public hearing a quorum is lost, it shall be stated
in the minutes, and no final action on a matter shall be taken by
the Commission.
3. The affirmative vote of six members of the Commission, regardless
if vacancies or absences exist, shall be necessary for the adoption,
or recommendation for adoption, of any land use plan or amendment
to a land use plan.
F. Powers and Duties.
1. The Commission shall have the powers and duties as set forth in the
Planning Act, and P.A. 110 of the Public Acts of 2006, the Michigan
Zoning Enabling Act (Zoning Act), (MCLA 125.3101 et seq.), including
any amendments to those acts. The Commission is also subject to all
limitations of those powers and duties as provided in either the Planning
Act or Zoning Act, or any other federal or state statute.
2. Consistent with, and without limiting, the powers and duties provided
under the Planning Act or Zoning Act, the Commission shall have the
following powers and duties under this ordinance:
a)
To review, hear, consider and make recommendations to the City
Commission to approve or disapprove:
1)
Text amendments. Petitions to amend the text of this Ordinance
pursuant to § 8.3B, Amendments to Text of Zoning Ordinance
or Zone District Map.
2)
Zone District Map amendments (Rezoning). Petitions to amend
the Zone District Map pursuant to § 8.3B, Amendments to
Text of Zoning Ordinance or Zone District Map
b)
To review, hear, consider and make recommendations to the City
Commission to approve, approve with conditions or disapprove petitions
for amendments to the Zone District Map to a Planned Unit Development
Overlay District classification pursuant to § 8.3C, Planned
Unit Development Overlay (PUD-O) District.
c)
To review, hear, consider and approve, approve with conditions
or disapprove special use permits pursuant to § 8.3D, Special
Use Permit.
d)
To review, hear, consider and approve, approve with conditions
or disapprove site plans in the CBTR District pursuant to § 8.3H,
Site Plan.
e)
To initiate petitions to amend the text of this Ordinance or
the Zone District Map.
f)
To recommend to the City Commission the adoption of an ordinance
or rules governing the subdivision of land as authorized under the
Land Division Act (MCLA 560.101 et.seq.) or the development of property
under the Condominium Act (MCLA 559.101 et. seq.)
g)
To make its special knowledge and expertise available upon written
request and authorization of the City Commission to any official,
department, board, commission or agency of the City.
h)
To make studies of the resources, possibilities and needs of
the City upon the authorization of the City Commission, and report
its findings and recommendations, with reference thereto, to the City
Commission.
G. Staff-City Employees.
1. To assist the Commission in carrying out its powers and duties under
the Planning or Zoning Acts, or otherwise carrying out its functions
as a planning commission, the City Planner and employees within the
Community Planning and Development Department, as designated by the
City Planner or the Director of that Department, shall be made available,
2. Employees that are assigned to work with the Commission shall follow
the directives of the Commission in matters of planning and zoning
public policy issues, but shall not be subject to Commission directives
concerning employment provisions of law, employment policies, employee
roster, and employee or union contracts, if any.
H. Conflicts Between Ordinance and Planning Act. If a conflict between
any provisions of this ordinance and the Planning Act or Zoning Act,
as amended, exists, the provisions of those Acts shall prevail.