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03-17-2020 (Planning & Zoning) Bylaws Our fatis$csn • City of Wylie, o�}c r€3�r,siP:ir_a ,tu , of th e. Texas fro `. Planning and Zoning Commission to s rave for e xc&rl"ce in puD c s.:tv,, a,and to ennance The Ga.:9+iry Aare fev a,V Rules of Procedure WYLIE 1. Statement 1.1. 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. Creation and Membership 2.1. The Commission was created by a 1956 Ordinance, amended by Ordinance 79-26, and the City Charter in 1985, 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. A Commissioner shall generally be limited to three two-year terms, per Ordinance 2020-07. The members will be resident citizens, taxpayers, and qualified voters of the City. 2.3. In accordance with State law, the Commissioners are required to complete Open Meetings training and receive a Certificate of Completion within the first ninety (90) days of first year appointment. This may be taken online via the Office of Attorney General's website (www.oag.state.tx.us). The Office of the Attorney General offers free video training courses to ensure that all elected and appointed government officials have a good command of both open records and open meetings laws. 3. Officers 3.1. The Commission shall, at the first meeting after July 1st (and at such other times as these offices may become vacant), select from among its members 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 during a meeting, the remaining Commissions shall elect an Acting Chairperson. 4. Officer's 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. 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, including Comprehensive Plan and Zoning Ordinance amendments, Thoroughfare Plan amendments, General Zoning changes, Specific Use Permits, Planned Developments, and Capital Improvements Plan through the Impact Fee Advisory Committee. 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 Comprehensive 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 shall perform all duties as prescribed by State statutes and the City's Zoning Ordinance concerning site plans. 5.5. The Commission shall perform all other duties as the City Council may direct. 6. 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 provisions 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. Quorum 7.1. A quorum shall consist of four(4) members. 7.2. No matters may be handled without the presence of a quorum. 8. Agendas 8.1. An agenda shall be prepared by the City Planner or his/her designee for each meeting of the Planning and Zoning Commision. A copy of the agenda shall be posted in the Municipal Complex as required by law, as well as on the website. 8.2. There shall be attached to each agenda item, a report of matters pending further action by the Commission. 8.3. All regular and special meetings shall follow, as closely as possible, the printed agenda. The agenda should include, but is not limited to the following; a. Ratification of Minutes; b. Citizens' participation on items not on the agenda; c. Executive Session, as needed; d. Consent agenda; e. Items for individual consideration; f. Breaks at the discretion of the Chairperson; g. Commissioners or Staff comments on general business; h. Adjournment. 8.4. 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. Minutes of Meetings 9.1. Minutes of all regular and special meetings shall be kept by the Secretary, designated by the City Planner, and are subject to amendment and ratification by the Commission at the next 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. 10. Regular meetings 10.1. The Commission shall meet on the first and third Tuesday of each month at 6:00 pm in the Council Chambers of the Municipal Complex, unless noted otherwise. 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 prior notification to Staff and/or a valid reason, which may include family emergency, illness, , or other reasonable cause, may be subject to dismissal from the Commission by the City Council. 10.3. Under special circumstances the Commission may reschedule regular meeting dates. The new dates should be announced at a regularly scheduled meeting, and agendas posted accordingly. 11. 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 Commision 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 by an email address of record at least seventy-two (72) 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. 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. 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 City Planner or designee; c. A maximum of 15minute presentation by the applicant; d. Opening of public hearing by the Chairperson; e. Comments from organized groups and individuals in opposition to the issue of the public hearing; group comments should not exceed 6 minutes, individual comments should not exceed 3 minutes unless an interpreter is needed, in which case 6 minutes is allowed.; f. Comments from organized groups and individuals in favor of the issue of the public hearing; group comments should not exceed 6 minutes, individual comments should not exceed 3 minute unless an interpreter is needed, in which case 6 minutes is allowed;. g. A maximum 15 minute rebuttal by the applicant; h. Questioning by the Commissioners of the applicant and audience members who addressed the Commission. i. Close public hearing; j. Commission query of Staff; k. Commission action pertaining to the issue of the public hearing. 13.2. All meetings shall be held in full compliance with the provision of state law, ordinances of the City, and these rules of procedure 14. Addressing the Commision 14.1. Persons desiring to address the Commission shall complete a "Request to Speak" card and submit the card to the Secretary. 14.2. The Secretary 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 comments on items not on the printed agenda, individual agenda item comments, and public hearing comments. 14.4. Persons who note on a speaker card their desire to address the commision will be called to the podium by the Chairperson at the appropriate time and will follow the guidelines of Ordinance 2019-29 as outlined below when addressing the Commision; a. Approach the podium, state their name and address and whether or not they are representing a person, group, 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. Be concise and focused in their Comments; f. Group comments should not exceed 6 minutes, individual comments should not exceed 3 minutes unless an interpreter is needed, in which case 6 minutes is allowed. 14.5. Persons addressing the Commision 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. 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 Commision. Petitions may not be read in full into the record, but may be noted into the record. 15.3. Ex Parte Communications a. Any Commissioner having new factual information regarding regular meeting or work 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 meeting agenda items. 16. City Staff Responsibilities 16.1. The City Planner or designee shall be responsible for providing the Commission with the necessary professional, technical, and clerical services, including: a. Prepare and submit the agenda with staff reports and any special items as directed by the Chairperson; b. Give and serve all notices required for public hearings; c. 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. Maintain a true copy of all Commission proceedings; f. Maintain all Commission records; g. Attend all official correspondence and communications to and of the Commission. 17. Written Request Required 17.1. Every proposal submitted for Commission action shall be made in accordance with approved application procedures from the appropriate Ordinance or Regulations from the The proposal shall be complete in all respects before being accepted for filing and Commission consideration. 18. Conflict of Interest Rules 18.1. Conflict of Interest. Should any member of the Commission feel he/she has a conflict of interest with an agenda item before the Commission, they should openly declare so at the introduction of the item. They are thereby prohibited from discussing, participating in, or voting on the item in question. They shall also fill out a Conflict of Interest form and file it with the Secretary. 18.2. Abstention. Should any member of the Commission choose to abstain from voting on any question before the Commission where no declared conflict of interest exists, their vote shall be recorded as an affirmative vote in the official minutes. 19. Motions 19.1. A motion may be made by any member. A second to the motion shall be required before an item is put to a vote. 19.2. All votes shall be by a simple majority of members present, except as otherwise stated in these rules of procedure. 19.3. When fewer than all the members are present for voting and when all motions for a given application fail to carry by a majority vote, consideration of the application shall be continued under this rule to the next regular meeting, to the extent allowed by law. Failure of the Commission to secure a majority concurring vote at said next regular meeting shall be recorded in the minutes as a denial of the proposal under the rule. 19.4. When a vote is required by state law or other requirement, and fewer than all members are present, and a simple majority is not reached, the vote shall be recorded as a denial. 20. Repealing Clause 20.1. All previously adopted Rules of Procedure of the Planning and Zoning Commission are hereby expressly repealed 21. Suspension of Rules of Procedure 21.1. Any one or all of these rules of procedure may be suspended in order to allow a particular consideration of a matter, provided that it does not violate the state law or home rule charter, and provided that not less than two-thirds Commissioners vote in favor of such suspension. Where any rule embodies a provision of state law, identically or in substance, such rule may not be suspended. PASSED AND APP OVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF WYLIE THIS lrl day of 2020. 4),‘Aet/lif Ctuvit\ Ron Smith, Chairman Randy ens, Vice-Chairman 2A Filed in the Office of the City Secretary this 21 day of McL(Ch , 201g jadP --eij;FALAk, ,r. r Stephanie Storm, City Secretary 1/=( F City of Wylie, Texas 1 / = l 4� oF