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continuouslv maintain their principal physical residence in the city while in office. The council shall establish, by ordinance, the number of members, resideney requirements and terms of office of members of the commission. In making appointments to the commission, council shall seek to ensure broad representation and expertise among the membership. The commission shall establish bylaws to govern rules of procedure and the annual election of officers. All meetings of the commission shall be open to the public. ********** Rationale: The Commission believes that residency in the City should be a qualification for holding a position as a member of the planning and zoning commission. While the City has some regulatory authority over the development of property outside the City, this authority relates to the ability of the City to grow in an orderly way as development occurs. Persons who live outside the City do not contribute financially to the City to the same extent as City residents, and unless and until they become City residents, the Commission considers it just that their participation on the Planning and Zoning Commission not be permitted. 7. Amend Section 7.02(4) re1!ardin1! the authority ofthe nlannin1! and zonin1! commission as follows: Sec. 7.02. Powers and duties of the commission. The commission shall have the power and be required to: ******** (4) Hold a public hearing~ and approve or deny be the final approval authority for any specific use permit application~ made under the city's zoning ordinance. subiect to appeal of such decisions to the city council. The council mav sustain such an appeal and overturn a decision of the commission only by a three-fourths vote of the council. ******** Rationale: The City's decisions on specific use permits can fundamentally alter the uses of property, and significantly affect neighboring properties, in the same way that the rezoning of property does. While the planning and zoning commission is the City board with the most expertise in such matters, the grant of final authority approval authority over specific use permits to the commission can have the effect of discounting public sentiment and can prematurely force land use disputes to the courts for remedy. Allowing for appeals of commission decisions to the city council would help ensure that clearly expressed public preferences regarding proposed land uses are heard, and would afford an opportunity for a final decision that avoids litigation. Requiring a % vote of the Council to overturn Commission decisions on permits would help to guard against unnecessary or frivolous appeals. C:\TEMP\charter commission report-200l.doc 6