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HomeMy WebLinkAboutCity Council Resolutions (R-77-145)-11/01/1977 STA TE OF TEXAS COUNTY OF TARRANT CITY OF COLLE YVILLE jJ~ 10-2/-. 77 L/.. {j()p.lk. 1;: RESOLUTION R- 77- 145'" WHEREAS, the City Council acknowledge s the increasing requirements and work load on the Planning and Zoning Commission, and WHEREAS, the City Council appreciates the services to the community rendered by each Commissioner and encourage s the most effective use of each members time and effort, and further THA T, the City Council agree s that the C ommis sion should operate in an efficient and professional manner. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE: THA T the City Council endorse s the action taken by the Planning and Zoning Commission and approves the BY-LAWS FOR THE PLANNING AND ZONING COMMISSION OF THE CITY OF COLLEYVILLE, TEXAS as the operating procedures of that Commission. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, THIS THE FIRST DAY OF NOVEMBER, 1977. }~ ;/ '. //~. W C~-~~ ~HN A. ANDREWS, Mayor ATTEST: d1Jk()!L/ La Vada Johnson A ding City Se cre tary Ivj BY -LA WS FOR THE PLANNINS ^ ND ZONING COfOfJISSION OF THE CITY OF COLLET:ILLE, TEXAS ARTICLE I. DECLARATION OF POLICY. It is herebv declared to be the policy of the Planning and Zoning Commission of the City of Colleyville, Texas that the appointment to membership on the Commission is a distinct HONOR and a TRUST imposed in the a~pointee and involves the corresponding OBLIGATION of the appointee to serve the comm- unity in the canacity of a member of the Commission by regular attendance and full participation in the proceedings of the Commission. ARTICLE II. ORGANIZATION. Section A. Officers. The officers of the Commission shall consist of a Chairman, Vice-Chairman, and a Secretary. The membership of the Comm- ission shall consist of seven citizens of the City of Colley- ville, Texas, who own real property in said city. The members of the Commission shall be appointed by the City Council for terms of two (2) years. Upon expiration of the term of each member, his place shall be filled by the City Council. Vacancies in an unexpired term shall be filled by the City Council and shall be for the remainder of the term. The Commission shall elect its Chairman and Vice-Chairman from among its membership once a year at its first re~ular meeting following the appointment of its new members or as deemed neqessary. 1. The Chairman shall: Preside at all meetings; maintain order at all times; compel the attendance of witnesses; rule on all points of procedure; and dispense the business of the Commission in a just and orderly manner. He shall question all witnesses and invite other members of the Commission to ask any questions which may assist the Comm- ission in arriving at logical, correct and fair decisions or recommendations. He shall also sign the minutes of each meeting of the Commission and all Plats and/or Site Pla ns. 2. The Vice-Chairman shall: Preside at Commission meetinas in the absence of the Chairman and shall fulfill all the duties of the Chairman. Should the Chairman resign, or that office becomes vacant for other reasons, the~Vice- Chairman shall act as Chairman until an election for a -- ---.-----------.------.-- 3. new Chairman can be held at the next meeting of the Comm- ission. The Secretary shall: Keep the minutes of all meetings in a hard cover loose-leaf book; be responsible for all official correspondence; compile the required records; maintain the necessary files; number each application or request coming before the Commission; provide each member with the necessary materials on matters coming before the Commission not less than fifteen (15) days prior to con- sideration by the Commission, and generally su?ervise the clerical work of the Commission under the direction of the Chairman. A copy of the minutes of the proceedings of every meeting shall be promptly forwarded to each Commission member, the City Manager and to each member of the City Council. Section B. Attendance. 1. All members of the Commission shall be obligated to attend all meetings of the Commission unless excused by official action of the Commission at the meeting from which a member is absent. 2. In the event any member of the Commission shall be absent from three (3) consecutive meetings including specially called meet~nss and all work sessions without having been excused for such absences, or fails to maintain a seventy- five (75) percent attendance at such meetin~s, such member shall automatically cease to be a qualified~member of the Commissicn and the chairman shall certify such fact immed- iately following any such circumstances to the City Council to enable the Council to declare such vacancy in accordance with Article XI, Section 11.01 of the City Charter. Section C. Code of Ethics. 1. It is declared to be the policy of the Commission that the Commissicn shall be free of influence of any selfish or financial interest. 2. A member having a selfish or financial interest in a matter under consideration by the Commission shall not be present as a member of the Commission during the takin~ of action by the Commission nor vote as a member of the Commission on the particular matter only. 3. Any member having any selfish or financial interest in a matter before the Commission shall not be Drevented from presentinQ facts or arguments from the a udience as a member of the public. 4. It is further declared to be the policy of the Com~ission 2 -" that in the interest of fairness to the applicants and appellants appearing before the Commission and those appearing in opposition to the same that ~ discussion shall be held by a member or members of the Commission with the applicant, appellant or opposition concerning the aunlication or other matter before the Commission either'at home or office, or in person, by telephone call or by letter. All such discussion shall be held at the public hearing called for that puruose and so that all members shall have the full benefit of such discussion. 5. When a Commission member is called upon to voice ouinions at public or private functions, he shall indicate whether he is speaking for himself or representing the Commission. ARTICLE III. DUTIES AND POWERS. Section A. The Commission shall have the following duties and powers: 1. To make recommendations to the City Council for the adoption of and amendment to the Zonin~ Ordinance in accordance with the provisions of the City Charter and Articles 1011a through j of Vernons Civil Statutes and any amemdments thereto. 2. To exercise control over the plattin~ and subdivision of land within the corporate limits of the City of Colleyville, and within the extraterritorial area of jurisdiction in accordance with the provisions of Articles 970a and 974a of Vernons Civil Statutes and any amendments thereto. 3. To formulate and recommend to the City Kanager and the City Council a comprehensive plan for the city and its extra- territorial area of jurisdiction and such modifications thereto as it may deem appropriate from time to time. 4. Submit to the City ~anager and the City Council, when reouested by the Council, or when deemed necessary by the Commiss~on, a list of recommended capital improvements which, in the opinion of the Commission, are necessary or desirable during the forthcoming five (5) year period. 5. To perform such other duties as may be requested by the Ci ty Counci 1. Secti on B. Staff Informa ti on. The Commission may require information from city departments and city staff in relation to its work. ARTICLE IV. ~EETINGS. Section A. Arranr:rements. 1. Time and Place. The regular meeting place of the Commission shall be in the Council Chamb~r in the City Hall. Keetings shall be held on the fourth (~th) Monday of each month and{or at the call of the Chairman. The time of the meeting shal 3 2. be 7:30 PU. All meet1nr shall be open to the public. Quorum. Four (4) members present (not counting the Chairman) shall be necessary to constitute a quorum of the Commission. Work Sessions. Work sessions of the Commission shall be held on the second (2nd) Nonday of each month and/or at the call of the Chairman. The meeting place of work sessions shall be at the discretion of the Chairman. The time of tr.e working sessions shall be 7:30 PM. All work sessions shall be open to the public. Representation. Any person seeking a change in zoning or presenting any other matter to the Commission may appear before the Com~ission in person, by agent or by attorney. 3. 4. 5. Rules of Procedure. The Commission hereby adopts Roberts Rules of Order as its rules of procedure which shall govern the business proceedings of the Commission, whenever they are not in conflict with the provisions of these by-laws. Section B. Preparation. 1. Zoninq Applications. Complete written applications for rezoning must be made on prescribed forms and must be pre- sented to the City Secretary at least twenty-one (21) days prior to the date on which the application is to be heard. Concise material and laY8uts of property and proposals shall be submitted so that a determination may be made whether the ordinance requirements can be met. 2. Notices and Publication. Written notices and publication of all public hearin~s before the Commission on proposed zoning map amendments shall be as required by the Zoning Ordinance and/or the Sub-division Control Ordinance. Notices of all meetin~s and hearin~s of the Commission shall be posted at least seventy-two (72) hours before such meeting or hearing in accordance with the Texas open meetings law. The City Kanager shall be notified prior to such meeting of the time and place of such meeting. 3. Plats and Subdivisions. For plats and subdivisions coming before the Commission, the staff shall see that all pro- visions of the platting ordinance are met with respect to the submission of data and materials and staff review of plat prior to the Commission meeting. Work Session A~enda and ?ile of Katerials. The staff shall prepare an afenda of all matters which are to be considered by the Commission at the work session. A file including this asenda and available material on each case or matter co~ing before the Commission, shall be Dresented to each member prior to the work session and shell be retained by each member until each case is disposed of. 4. 4 Section C. Conduct of Meetinr-. 1. Zoning Hearin~s. a. The Chairman shall call for each application. The Chairman will read the public notic~ and discription and present the facts on the application. The proponents of the rezoning application shall have an opportunity to present their case or proposal. The Chairman may rule out irrevelant matters such as lengthy history, etc. unless a majority of the members present desire to hear such matters. b. Opponents of a rezoning application shall present their statements of opposition under the same limitations as the proponents. Followin~ each presentation, the Chairman shall permit comments-from the audience under limitations of no repetition of previously presented testimony. e. Proponents shall be permitted up to a five (5) minute rebutta 1. c. d. f. Following the rebuttal, the Commission may receive or direct questions to the applicant, proponents or opponents. g. The Chairman may reauest a recommendation from the ci ty staff. h. The public hearing shall then be closed by the Chair~an after which the applicant or citizens may NOT present additional testimony. 1. Commission members may question the applicant. j. The Chairman shall call for discussion of the case among the ComMission members, and any member may make a motion to recommend approval or disapproval to the City Council. k. If it is determined by the Commission that there is insufficient information for proper decision, the final vote on the application can be postponed until a sub- sequent meeting and the staff or applicant instructed to secure the desired information for submission at the next work session. 2. Discussion and Questions. During Commission meetin~s no person other than a member of the Commission shall~be heard on any matter or proposition coming before the meeting or public hearing unless invited to speak by the Chairman and then shall come to the bar to sDeak so as to be heard dis- tinctly by the Commission, giving name and address. Under 5 no circumstances shall any proponent enter into debate with any opponent. All questions shall be directed to the Chair- man who may request answers from the applicant or others. 3. Platting and Subdivisions. On platting and subdivision matters to be considered by the Commission, the Chairman shall state a brief history of Commission review on the matter, will then request the applicant to present the plat and explain the proposal and its compliance with the Sub- Division Control ordinance. After questions and answers by the Commission, and a staff recommendation if requested, the Chairman will call for an appropriate motion. 4. Other Uatters. On other agenda items, the Chairman will call for appropriate presentations and action by the Commissi on. Section D. Voting Procedure. 1. After a motion has been made and seconded there may follow discussion on the question. After all discussion has been heard and/or objections resolved, the Chairman shall call the roll. The Chairman will call the roll in place number sequence with each member answering "aye" or Pnay" or "Not Voting" with a statement by the member of his reason for not voting. The Chairman shall not be a voting member except in the event of a tie vote. On completion of the roll call, the Chairman shall announce the results and the effect of the motion. 2. When a member concludes that a matter before the Commission involves or could involve a conflict of interest on his oart or his voting might not be in the public interest, he shall excuse himself from discussion and voting on the matter. He may also excuse himself without conflict-of interest by choosing to abstain from votin~ in accordance with his best judgement. - 3. ~embers may also abstain from voting if they have been absent from the work session, or the meetins during the public hearing or the discussion. 4. Members shall not leave the meetine table to discuss pending matters with members of the audience, nor shall members of the audience discuss matters with individual Commission members durin~ the meeting. ARTICLE V. AMENDMENTS. These rules of procedure may be amended. The amendment shall be introduced at the meeting and voted upon at the next meeting and shall become effective upon an affirmative vote of the Commission. 6 PASSED AND APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF COLLEYVILLE ON THE 26th DA Y OF SEPTEMBER, 1977. ATTEST: .[, ~//20 C,((~( . . \, -rN)Ju..~ La Vada Johnson {/ A cting City Secretary 1vj