HomeMy WebLinkAboutRES 082719-U - P&Z Bylaws AmendRESOLUTION NO. 1 1 � U
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS APPROVING AND ADOPTING THE
ATTACHED BYLAWS AS AMENDED FOR THE PLANNING AND
ZONING COMMISSION; PROVIDING A CONFLICT CLAUSE AND
SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, House Bill 3167, enacted by the Texas Legislature on May 21, 2019 and signed into
law by the Governor on June 14, 2019, requires the municipal authority responsible for approving
plats to now approve, approve with conditions, or disapprove a subdivisions plan, subdivision
construction plan, site plan, land development application, site development plan, preliminary plat,
general plan, or final plat within 30 days of the date that the plan or plat is filed; and
WHEREAS, House Bill 3167 requires the municipal authority responsible for approving plats to
issue a written statement that sets forth the conditions of a conditional approval or reasons for a
denial, to which the applicant may submit a response that purports to address said conditions or
reasons, and the municipal authority must approve, approve with conditions, or disapprove the
application within 15 days of the date the response is filed; and
WHEREAS, the powers and duties of the Planning and Zoning Commission (the "Commission"),
as the municipal authority responsible for approving plats, must be amended to reflect these
additional responsibilities; and
WHEREAS, the membership, meetings, and procedures of the Commission must be amended in
order to ensure the Commission complies with these expedited review timelines; and
WHEREAS, the attached Bylaws have been amended in order to comply with House Bill 3167.
NOW THEREFORE BE IT RESOLVED:
SECTION ONE. The facts and recitations contained in the preamble of this resolution are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim.
SECTION TWO. The following Bylaws, attached to this Resolution, are approved and
adopted:
Exhibit A - "Planning and Zoning Commission Bylaws"
SECTION THREE. If any provision of this Resolution or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
Resolution Number: LW�& I I ''t "U Page 1 of 2
Description: P&Z Bylaws Amendment
Date Approved: AEq&a5t91_ 2019
application thereof, of this Resolution which can be given effect without the invalid provision or
application, and to this end the provisions of this Resolution are hereby declared to be severable.
SECTION FOUR. This Resolution shall be effective September 11, 2019.
SECTION FIVE. The Mayor is hereby authorized to sign this Resolution and the City
Secretary to attest.
PASSED AND APPROVED on the day of l�W2019.
ATTEST:
VIA
Robyn Den more, City Secretary
APPROVED AS TO FORM:
.7X
CITY OF GEORGETOWN, TEXAS
Die. CZ...
Dale Ross, Mayor
Resolution Number: 03a.7 ! cl" U Page 2 of 2
Description: P&I Bylaws Amendment
Date Approved:972019
CITY OF GEORGETOWN
PLANNING AND ZONING COMMISSION
BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. Planning and Zoning Commission ("Commission').
Section 1.2. Purpose.
a. The Commission is established to exercise the powers and duties of a zoning
commission as permitted by law, including Local Government Code Chapters 211
and 212, the City Charter, the City Unified Development Code, and the City Code of
Ordinances, as each may be amended. See Ordinance Chapter 2.48.
b. The Commission has the power, and its duties include:
1. making appropriate surveys, investigations, reports and recommendations
relating to community planning and development to the City Council;
2. making plans and maps of the whole or any part or portion of the City and of
land outside the City located within five miles of the City limits and any other
land outside the City, which, in the opinion of the Commission, bears a
relation to the planning of the City and making changes in, additions to and
extensions of such plans or maps when it deems the same advisable;
3. acting with and assisting all other municipal and governmental agencies, and
particularly the City Council, in formulating and executing proper plans for
municipal development and growth;
4. recommending to the City Council the passage of such ordinances as it may
deem necessary to carry out its program;
5. recommending to the City Council the adoption of a comprehensive
community plan for the guidance and control of the future development of
the community;
6. making studies and recommending to the City Council plans for clearing the
City of slums and blighted areas; and
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7. aiding and assisting the City Council in the annual preparation of a long
range capital improvement budget and determining sources of funds; and
8. performing such other duties as may be prescribed by ordinance or State law;
9. functioning as the City zoning commission and exercising all of those powers
and duties permitted by Chapter 211 of the Local Government Code, the City
Charter, and City ordinances, as each may be amended from time to time;
and
10. functioning as the municipal authority responsible for approving plats and
exercising all of those powers and duties permitted or required by Chapter
212 of the Local Government Code, the City Charter, and City ordinances, as
each may be amended from time to time.
ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Commission will be composed of Members as
set forth in Ordinance Chapter 2.48.
Section 2.2. Eligibility. All of the Members shall reside in the corporate City limits or
the extraterritorial jurisdiction of the City. The Commission shall be broadly
representative as a whole, and whenever possible, Members shall be drawn from
different residential areas, different racial and ethnic groups, different occupations and
professions and different interest groups. The Members may also be Members of the
Zoning Board of Adjustment.
Section 2.3. Appointment of Commission Members and Alternate Members.
a. Members of the Commission shall be appointed pursuant to and in accordance with
the City Charter.
b. The City Council shall appoint persons who would be qualified to serve on the
Commission as Alternate Members. Alternate Members are required to attend
Commission meetings pursuant to Section 4.9 below. In the event that a Member is
absent from a meeting, an Alternate Member shall serve as a Member for that
meeting. Subject to the conflict of interest provisions set forth in the City's Ethics
Ordinance Chapter 2.20 and the City Commissions, Committees and Boards Ordinance
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Chapter 2.36, the Alternate Members shall rotate as the next Alternate Member
eligible to serve as a Member when needed. Alternate Members shall be eligible to
be appointed to the position of Member upon the expiration of the term of a regular
Member or upon the creation of a vacancy on the Commission.
Section 2.4. Terms of Office. Generally, terms of office for each Member shall be two
(2) years. Generally, a Member may serve two (2) consecutive terms. Refer to Ordinance
Section 2.36.030A for additional provisions regarding terms of office.
Section 2.5. Vacancies. Vacancies that occur during a term shall be filled as soon as
reasonably possible and in the same manner as an appointment in accordance with the
City Charter. If possible, the Member shall continue to serve until the vacancy is filled.
An appointment to fill a vacated term is not included as a term for purposes of counting
consecutive terms.
Section 2.6. Expenditure of Funds. Compensation for Members and Alternate
Members, if any, shall be as set forth in Ordinance Chapter 2.48. The Commission and its
Members have no authority to expend funds or to incur or make an obligation on behalf
of the City unless authorized and approved by the City Council. Members may be
reimbursed for expenses authorized and approved by the City Council and the
Commission.
Section 2.7. Compliance with City Policy. Members and Alternate Members will
comply with City Ordinances, Rules and Policies applicable to the Commission and the
Members, including but not limited to Ethics Ordinance Chapter 2.20 and City
Commissions, Committees and Boards Ordinance Chapter 2.36.
Section 2.8. Removal. Any Member may be removed from their position on the
Commission for any reason, or for no reason, by a majority vote of the City Council.
ARTICLE III. COMMISSION OFFICERS
Section 3.1. Officers. The Board Officers are Chair, Vice -Chair and Secretary. The
Chair is recommended by the Mayor and the City Council shall approve the
recommendation by a vote of the majority of the Council during the annual
appointment process. Should the Mayor fail to recommend a Chair for each board,
committee, or commission, and/or the Council fails to approve any Chair recommended
by the Mayor, a majority of the Council plus one may approve appointment of a Chair
to serve as Chair without a recommendation of the Mayor. The other Board Officers are
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elected by a majority vote of the Members at the first meeting after the annual
appointment process.
Section 3.2. Terms of Office for Commission Officers. Commission Officers serve for
a term of one year. In the event of vacancy in the office of Chair, the Vice -Chair shall
serve as Chair until the City Council appoints a replacement Chair. A vacancy in the
other offices shall be elected by majority vote of the Members at the next regularly
scheduled meeting, or as soon as reasonably practical for the unexpired term. If
possible, a Commission Officer shall continue to serve until the vacancy is filled.
Section 3.3. Duties.
a. The Chair presides at Commission meetings. The Chair shall generally manage the
business of the Commission. The Chair shall perform the duties delegated to the
Chair by the Commission.
b. The Vice -Chair shall perform the duties delegated to the Vice -Chair by the
Commission. The Vice -Chair presides at Commission meetings in the Chair's
absence. The Vice -Chair shall perform the duties of the Chair in the Chair's absence
or disability.
c. The Secretary shall perform the duties delegated to the Secretary by the
Commission.
ARTICLE IV. MEETINGS
Section 4.1. Time and Date of Regular Meeting. The Commission shall meet at least
twice per month on the same weeks of the month, the same day of the week, at the same
time, and at the same place. The regular date, time and place of the Commission
meeting will be decided by the Members at the first meeting of the Commission after
the annual appointment process. One additional meeting per month may be called with
consent of the Commission and at the direction of the Planning Director, as needed.
Section 4.2. Agenda. Items may be placed on the agenda by the Chair, the City
Manager or designee, or at the request of a Member. The party (or individual)
requesting the agenda item will be responsible for preparing an agenda item cover
sheet and for the initial presentation at the meeting. Items included on the agenda must
be submitted to the Staff Liaison no later than one week before the Commission meeting
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at which the agenda item will be considered. Agenda packets for regular meetings will
be provided to the Members in advance of the scheduled Commission meeting.
Agenda packets will contain the posted agenda, agenda item cover sheets, and written
minutes of the last meeting.
Section 4.3. Special Meetings. Special meetings may be called by the Chair or by
request of three (3) Members.
Section 4.4. Quorum. A quorum shall consist of a majority of the Members. A
quorum is required for the Commission to convene a meeting and to conduct business
at a meeting. Alternate Members shall serve as Members when needed to achieve a
quorum.
Section 4.5. Call to Order. Commission meetings will be called to order by the Chair
or, if absent, by the Vice -Chair. In the absence of both the Chair and Vice -Chair, the
meeting shall be called to order by the Secretary, and a temporary Chair shall be elected
to preside over the meeting.
Section 4.6. Conduct of Meeting. Commission meetings will be conducted in
accordance with these Bylaws and City Council Meeting Rules and Procedures, as
applicable to the Commission. See Ordinance Chapter 2.24.
Section 4.7. Voting. Each Member shall vote on all agenda items, except on matters
involving a conflict of interest, substantial financial interest or substantial economic
interest under state law, the City's Ethics Ordinance, or other applicable Laws, Rules
and Policies. In such instances the Member shall make the required disclosures, leave
the dais and refrain from participating in both the discussion and vote on the matter.
Unless otherwise provided by law, if a quorum is present, an agenda item must be
approved by a majority of the Commission Members present at the meeting.
Section 4.8. Minutes. A recording or written minutes shall be made of all open
sessions of Commission meetings. The Staff Liaison is the custodian of all Commission
records and documents.
Section 4.9. Attendance. Members and Alternate Members are required to attend
Commission meetings prepared to discuss the issues on the agenda. A Member shall
notify the Chair and the Staff Liaison if the Member is unable to attend a meeting.
Excessive absenteeism will be subject to action under Council policy and may result in
the Member being replaced on the Commission. Excessive absenteeism means failure
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to attend the minimum number of regularly scheduled meetings, including
Commission meetings and Subcommittee meetings, as set forth in Ordinance Chapter
2.48. If a Member is removed from the Commission that position shall be considered
vacant and a new Member shall be appointed to the Commission in accordance with
Section 2.5 above.
Section 4.10. Public Participation. In accordance with City policy, the public is
welcome and invited to attend Commission meetings and to speak on any item on the
agenda. A person wishing to address the Commission must sign up to speak in
accordance with the policy of the Council concerning participation and general public
comment at public meetings. Sign-up sheets will be available and should be submitted
to the Chair prior to the start of the meeting. If any written materials are to be provided
to the Commission, a copy shall also be provided to the Staff Liaison for inclusion in the
minutes of the meeting. Speakers shall be allowed a maximum of three minutes to
speak, but may take up to six minutes if another individual who signs up to speak
yields the time to the speaker; provided however, if more than twenty speakers sign up
to speak on an agenda item, each member of the public shall be allowed a maximum of
two minutes to speak but may have up to a maximum of four minutes, if another
individual who has signed up to speak and is present at the meeting yields his or her
time to that speaker. If a person wishes to speak on an issue that is not posted on the
agenda, he or she must file a written request with the Staff Liaison no later than one
week before the scheduled meeting. The written request must state the specific topic to
be addressed and include sufficient information to inform the Commission and the
public. A person who disrupts the meeting may be asked to leave and be removed.
Section 4.11. Open Meetings. Public notice of Commission meetings shall be provided
in accordance with the provisions of the Texas Open Meetings Act. All Commission
meetings and deliberations shall be open to the public, except for properly noticed
closed session matters, and shall be conducted in accordance with the provisions of the
Texas Open Meetings Act.
Section 4.12. Closed Sessions. The Commission may conduct closed sessions as
allowed by law, on properly noticed closed session matters, such as consultation with
attorney on legal matters, deliberation regarding the value of real property, competitive
utility matters, and economic development negotiations. A recording or certified
agenda shall be made of all closed sessions of Commission meetings.
Section 4.13. Approval of Plans and Plats.
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a. In accordance with Chapter 212 of the Local Government Code, the Commission
shall approve, approve with conditions, or deny a plan or plat within 30 days after
the date the plat is filed. If a plan or plat is approved, the Chair shall endorse, and
the Secretary shall attest, the plan or plat with a certificate indicating the approval.
If a plan or plat is conditionally approved or denied, the Commission shall provide
the applicant a written statement of the conditions for the conditional approval or
reasons for disapproval that clearly articulates each specific condition for the
conditional approval or reason for the disapproval. The Staff Liaison shall prepare
the written statement, which shall be endorsed by the Chair and attested by the
Secretary, as soon as practicable after the conditional approval or denial of the plan
or plat.
b. In accordance with Chapter 212 of the Local Government Code, the Commission
shall approve, approve with conditions, or deny a plan or plat within 15 days after
the date the applicant submits to the Commission a written response that purports
to satisfy each condition for the conditional approval or remedy each reason for
disapproval previously provided by the Commission. If a plan or plat is approved,
the Chair shall endorse, and the Secretary shall attest, the plan or plat with a
certificate indicating the approval. If a plan or plat is conditionally approved or
denied, the Commission shall provide the applicant a written statement of the
conditions for the conditional approval or reasons for disapproval that clearly
articulates each specific condition for the conditional approval or reason for the
disapproval. The Staff Liaison shall prepare the written statement, which shall be
endorsed by the Chair and attested by the Secretary, as soon as practicable after the
conditional approval or denial of the plan or plat.
ARTICLE V. REPORTS TO CITY COUNCIL
The Commission shall meet with City Council, as requested, to determine how the
Commission may best serve and assist City Council. City Council shall hear reports
from the Commission at regularly scheduled Council meetings.
ARTICLE VI. SUBCOMMITTEES
Section 6.1. Formation. When deemed necessary by a majority of the Commission,
Subcommittees may be formed for specific projects related to Commission matters.
Subcommittees comprised of non -Members may only be formed with the prior consent
and confirmation of the City Council.
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Section 6.2. Expenditure of Funds. No Subcommittee, or member of a Subcommittee,
has the authority to expend funds or incur an obligation on behalf of the City or the
Commission. Subcommittee expenses may be reimbursed if authorized and approved
by the Commission or by City Council.
Section 6.3. Open Meetings. Subcommittee meetings and deliberations shall be open
to the public, except for properly noticed closed session matters, and shall be conducted
in accordance with the provisions of the Texas Open Meetings Act.
ARTICLE VII. BYLAW AMENDMENTS
These Bylaws may be amended by majority vote of the Commission Members at any
regular meeting of the Commission. The Commission's proposed amendments to the
Bylaws must be approved by City Council at the next Council meeting after the
Commission's approval. Bylaw amendments are not effective until approved by City
Council.
Approved and adopted at a meeting of the City Council on the ZI ' day of
. cn Atli— , 2019.
ATTEST: THE CITY OF GEORGETOWN
City Secretary
Mayor
Acknowledged at a meeting of the Commission on the
, 2019.
ATTEST: COMMISSION
Commission Secretary Commission Chair
Planning and Zoning Commission Bylaws
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day of