Loading...
08-03-1998 (Planning & Zoning) Bylaws CITY OF WYLIE, TEXAS PLANNING AND ZONING COMMISSION RULES OF PROCEDURE 1.0 Statement It is hereby declared that appointment to the Planning and Zoning Commission is a distinct honor and the trust imposed in the appointee involves the corresponding obligation of the appointee to serve the community by regular attendance and participation in the proceedings of the body. 2.0 Creation and Membership 2.1 The Commission is created by Wylie Ordinance 79-26 and serves at the will of the City Council. 2.2 The Planning and Zoning Commission shall consist of seven(7) regular members who will serve for terms of two(2)years. The members will be resident citizens,taxpayers and qualified voters of the City. 2.3 Staff should develop orientation sessions at the beginning of new terms of office for new and other interested Commission members. If a seat becomes vacant and a new Commission member(s) are appointed to complete unexpired terms, the new member(s) should also attend the orientation sessions. 3.0 Officers 3.1 The Commission shall select from among its members in the first meeting in July (and at such other times as these offices may become vacant), a Chairperson and Vice- chairperson to serve for a period of one (1) year. 3.2 In the absence of both the Chairperson and Vice-chairperson, the Commission shall elect an Acting Chairperson. 4.0 Officers Duties 4.1 The Chairperson shall preside over all meetings and briefing sessions, and perform all duties as required by law. 4.2 The Vice-chairperson shall assume all duties of the Chairperson in the absence of the Chairperson. 5.0 Powers and Duties of the Commission 5.1 The Planning and Zoning Commission shall make recommendations to the City Council on all questions concerning the overall development and environment of the City, Comprehensive Plan amendments, Thoroughfare Plan amendments, Zoning, Specific Use Permits, and Planned Developments. 5.2 The Commission shall perform all duties as prescribed by State statutes and the City's Subdivision Ordinance concerning plats. The City Council has final authority in these matters,but should seek recommendations from the Planning and Zoning Commission prior to making final decisions. 5.3 The Commission shall recommend to the City Council for adoption of a Master Plan as a whole or in parts,for the future development and redevelopment of the City and its environs,and will be expected to recommend changes in the Master Plan from time to time,which will facilitate the movement of people and goods, promote the health, recreation, safety, and general welfare of the citizens of Wylie. 5.4 The Commission should study and make recommendations to the City Council as to the location, extension, and planning of public rights-of-way, parks, and other public places, and on the vacating or closing of these same places. 5.5 The Commission should study and make recommendations to the City Council as to the general design and location of public buildings, bridges, viaducts, street fixtures, and other structures and appurtenances. 5.6 The Commission should initiate, in the name of the City, all proposals for consideration at Public Hearings involving the opening or closing of public rights-of- way,parks, and other public places, both existing and planned; the permanent zoning of annexed areas; the changing of zoning district boundaries on an area-wide basis. 5.7 The Commission shall perform all other duties as the City Council may direct. 6.0 Rules of Order 6.1 The Chairperson shall rule on all points of order. 6.2 The Commission may overrule the Chairperson on points of order by a two-thirds (2/3) vote of members present. 6.3 Any provision of these rules not governed by City Ordinance may be temporarily suspended by a favorable two-thirds (2/3) vote of all members of the Commission, which vote shall be entered upon the minutes. 7.0 Quorum 7.1 A quorum shall consist of four (4) members. 7.2 No matters may be handled without the presence of a quorum. 7.3 All votes shall be by a majority of members present, except as otherwise stated in these rules of procedure. 8.0 Agendas 8.1 An agenda shall be prepared by the Director of Planning or his designee for each meeting of the Planning and Zoning Commission. There shall be attached to each agenda,a report of matters pending further action by the Commission. A copy of the agenda shall be posted in the Municipal Complex as required by law for a period of seventy-two (72) hours. 8.2 All regular and special meetings shall follow, as closely as possible, the printed agenda. 8.3 Agendas may be amended by the Chairperson as to order of items, but not as to content, unless overruled by a majority of the members present. 9.0 Minutes of Meetings 9.1 Minutes of all regular and special meetings shall be kept by the Secretary, designated by the Director of Planning, and are subject to amendment and ratification by the Commission at a regular meeting. 9.2 The minutes of the Commission's proceeding shall show the overall vote, or if absent or failing to vote, shall reflect that fact. 9.3 Minutes need not be kept of committee meetings unless directed so by the City Attorney or Chairperson. 10.0 Regular Meetings 10.1 The Commission shall meet on the first and third Tuesday of each month at 7:00 pm in the Council Chambers of the Wylie Municipal Complex. All meetings shall be open to the public, and the public is encouraged to attend. 10.2 Any Commission member missing three(3)consecutive regularly scheduled meetings without a valid excuse which includes illness, death in the family, or emergency shall be subjected to dismissal from the Commission. 10.3 Under special circumstances the Commission may reschedule regular meeting dates subject to ratification by the City Council. The new dates should be announced at a regularly scheduled meeting, and agendas posted accordingly. 10.4 All regular meetings shall, as closely as possible, follow the posted agenda. The agenda should include, but is not limited to the following: A. Ratification of Minutes; B. Consent agenda(routine items); C. Items for individual consideration; D. Breaks at the discretion of the Chairperson; E. Citizens' participation on items not on the agenda(5 minutes maximum); F. Commissioners' comments on items not on the agenda. 10.5 Any consent agenda item may be removed by any member and brought up for individual consideration. A two-thirds (2/3) vote of the Commission is required to deny a request for an item to be removed from the consent agenda. 10.6 City Staff will make a recommendation on appropriate agenda items and may present evidence or information as needed or as requested by the Commission. 11.0 Special Meetings 11.1 Special meetings may be called by the Chairperson, or at the request of two (2) or more members, or may be scheduled by a majority of the Commission at any previous meeting. The time and place of the special meeting shall be determined by the convening authority. 11.2 All members must be notified of any special meeting by giving written notice to all members deposited in the mail at least ninety-six (96) hours before the meeting, and the notice must specify the purpose of the meeting. 11.3 Special meetings must be posted in accordance with the open meetings act. 12.0 Planning Sessions 12.1 The Commission may be convened as a committee of the whole in the same manner as prescribed for the calling of a special meeting for the purpose of holding a planning session,provided that no official business shall be conducted thereat and no quorum shall be required. 13.0 Public Hearings 13.1 Conduct of public hearings will follow the general guidelines listed below and as outlined in Section 14 Addressing the Commission: A. Introduction of agenda item by the Chairperson; B. Report by the Director of Planning or designee; C. A maximum 30 minute presentation including rebuttal by the applicant; D. Opening of public hearing by the Chairperson; E. Comments from organized groups and individuals favoring the issue of the public hearing; individual comments should not exceed 5 minutes; F. Comments from organized groups and individuals in opposition to the issue of the public hearing; individual comments should not exceed 5 minutes; G. Rebuttal by the applicant; H. Questioning by the Commissioners of the applicant and audience members who addressed the Commission. The time used to answer Commission questions will not deduct from the 30 minute allotment; I. Close public hearing. J. Commission query of Staff; K. Commission action pertaining to the issue of the public hearing. 13.2 During a public hearing, speakers comments will be limited to 5 minutes unless additional minutes from audience are allotted to that person as a representative of a group,but the overall allotted time length shall not exceed 30 minutes as set forth in Section 13.1. 13.3 All meetings shall be held in full compliance with the provision of state law, ordinances of the City and these rules of procedure. 14.0 Addressing the Commission 14.1 Persons desiring to address the Commission shall complete"Request to Speak" cards and submit the cards to a Staff member. 14.2 Staff will sort the speaker cards by agenda item and deliver them to the Chairperson. 14.3 The Chairperson will refer to the speaker cards for individual agenda item comments, public hearing comments and comments on items not on the printed agenda. 14.4 Persons who note on a speaker card their desire to address the Commission will be called to the podium by the Chairperson at the appropriate time and will follow the guidelines below when addressing the Commission: A. Approach the podium, state their name and address and whether or not they are representing a person or organization; B. Speak so that all present in the room may hear clearly; C. Address all statements and questions to the Chairperson; D. Be courteous in language and deportment; E. Limit their comments to 5 minutes. 14.5 Persons addressing the Commission during a public hearing will follow the public hearing guidelines noted in Section 13. 14.6 The Chairperson will read into the record the names of persons who filled out a speaker card in support of or in opposition to an agenda item but did not wish to address the Commission. 14.7 The Chairperson may interrupt an individual to redirect or terminate remarks when they are not relevant to the matter before the Commission, or when the Chairperson determines the remarks to be out of order. 15.0 Evidence 15.1 Only relevant evidence and testimony will be received. 15.2 Petitions and other physical evidence should be submitted to the Chairman of the Commission. Normally petitions will not be read in full into the record,but will be noted into the record. 15.3 Ex Parte Communications A. Any Commissioner having new factual information regarding regular meeting or briefing session agenda items shall make that information known to all Commission members. B. Commissioners shall not make voting commitments prior to hearing all submitted evidence regarding regular meeting agenda items. 16.0 City Staff Responsibilities 16.1 The Planning Director or designee shall be responsible for providing the Commission with the necessary professional, technical, and clerical services, among which, shall be the following: A. Prepare and submit agenda, Staff reports from various departments, and any special projects as directed by the Chairperson; B. Administrative duties; C. To the extent necessary, introduce and factually explain each item on the agenda; D. Coordinate the services of all City Staff and other sources of public information for and on behalf of the Commission; E. Keep a true copy of all Commission proceedings; F. Have custody and maintain all Commission records; G. Give and serve all notices required for public hearings; H. Attend to all official correspondence and communications to and of the Commission. 17.0 Written Request Required 17.1 Every proposal submitted for Commission action shall be made in writing. Where appropriate, application forms are provided by the City. The proposal shall be filed on said forms, shall be accompanied by all prescribed fees, and shall be complete in all respects before being accepted for filing. 18.0 Conflict of Interest Rules 18.1 Any Commission member who concludes after consulting with the City Attorney that a matter before the Commission might include a conflict of interest on their part shall: A. File an Affidavit of Interest stating the nature and extent of the conflict of interest in accordance with Chapter 171.004 V.T.C.S. with the City Attorney, if required by law. B. Disclose that fact and excuse themselves from the room during all discussion on the matter. 18.2 Any member who concludes that he/she may have a substantial interest in a matter before the Commission shall follow Section 18.1 above. 18.3 Any member found to have violated Sections 18.1 or 18.2 of these by-laws shall have their vote on the matter in question stricken from the record, and this fact shall be submitted to the City Council for further action. 18.4 If a Commission member owns property within 200 feet of a regular meeting agenda item and no conflict of interest exists, he/she may abstain from voting on that item except in the case of a tie. 19.0 Motions 19.1 A motion may be made by any member. 19.2 A motion to approve any matter before the Commission or to recommend approval of any request requiring Council action shall require a majority favorable vote of the members present. When fewer than all the members are present for the voting and when all motions to recommend on a given application fail to carry by a majority vote, consideration of the application shall be continued to the next regular meeting only upon motion carried by a majority of those present. Further,no request or application shall be continued under this rule beyond the next regular meeting. Failure of the Commission to secure a majority concurring vote to approve or recommend approval at said next regular meeting shall be recorded in the minutes as a denial of the proposal under this rule. 20.0 Miscellaneous 20.1 Abstaining from a vote is not allowed except as in accordance with Section 18.0 Conflict of Interest Rules. 20.2 All members of the Commission are encouraged to obtain as much factual information on all cases as possible, including inspection of affected properties. 21.0 File Retention 21.1 All matters coming before the Commission shall be filed in the City's records. Original papers of all requests and proposals shall be retained as a part of the permanent record. 22.0 Public Record 22.1 The official records and citizen requests filed for Commission action in regular or special meetings shall be on file in the Municipal Complex and shall be open to public inspection during customary working hours. 23.0 Certified Copy 23.1 A certified copy of these Rules of Procedure and of any amendments thereto shall be filed in the office of the City Secretary within ten (10) days following their date of adoption. 24.0 Repealing Clause 24.1 All previously adopted Rules of Procedure of the Planning and Zoning Commission shall be and the same are hereby expressly repealed. 25.0 Amendments 25.1 This document may be amended, in whole or in part, by a majority vote of members present at regular scheduled meetings, provided that all proposed amendments are presented at least thirty(30) days prior to any vote on said amendments. PASSED AND APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY e OF WYLIE this the J� day of P\i,, uF5jk— , 1998. dgAk Steve/Ahrens, Chairman Eric Hague, e-Chairman Filed in the Office of the City Secretary this day of , 1998. Barbara Salinas, City Secretary City of Wylie, Texas .