HomeMy WebLinkAbout11082007 ZPC Minutes
OLM) City of West University Place
A Neighborhood City
® Recycled Paper ZONING & PLANNING COMMISSION
BILL WATSON CONFERENCE ROOM
3800 UNIVERSITY BOULEVARD
MEETING MINUTES
November 8, 2007
MEMBERS PRESENT: Steve Brown, Allan Elkowitz, Patric Stafshede,
Selby Clark and Janet Duncan
MEMBERS ABSENT: Mac Mc Manus and Dick Yehle
COUNCIL: None
STAFF PRESENT: Debbie Scarcella, City Planner, Sallye A. Clark,
Planning Assistant, and James Dougherty, City
Legal Counsel (arrived at 6:28 p.m.)
Call to Order - With quorum present at 6:16 p.m., Steve Brown called the meeting to
order.
1. Minutes.
October 1.1, 2007: Patric Stafshede made a motion to approve as written. Selby
Clark seconded. Ayes: Steve Brown, Allan Elkowitz, Patric Stafshede, Selby Clark
and Janet Duncan. Noes: none. Motion passed. Minutes approved.
2. Administrative Topics. ZPC member Janet Duncan gave a brief introduction of
herself. City staff also introduced themselves. Steve Brown informed ZPC that City
Council had appointed Selby Clark as secretary. ZPC discussed the revised Rules of
Procedure that updated the new meeting start time of 6:15 p.m. and the revision of the
tenth edition of Roberts Rules of procedure. After discussion, Selby Clark made a
motion to approve the updated ZPC Rules of Procedure. Allan Elkowitz seconded.
Ayes: Steve Brown, Allan Elkowitz, Patric Stafshede, Selby Clark and Janet Duncan.
Noes: none. Motion passed.
3. Prior Re-Plat Approval. Debbie Scarcella and Steve Brown gave a background
and overview. Debbie Scarcella stated that all property owners were notified via a
letter mailed to them. Gerardo Myares and Nasrin Shafi, property owners called
Debbie and spoke to her only to ask if the re-plat could be applied for later. Debbie
Scarcella also stated that she and Sallye Clark place a phone call to PJ Jamea to
make sure he had no questions or concerns. After discussion, Janet Duncan made a
motion to rescind prior approval of Rice Village Place replat dated November 10,
2005 that was never consummated. Allan Elkowitz seconded. Ayes: Steve Brown,
Allan Elkowitz, Patric Stafshede, Selby Clark and Janet Duncan. Noes: none.
Motion passed.
3800 University Boulevard • West University Place, Texas 77005-2899 0 713066804441 • www.westu.org
Zoning & Planning Commission Minutes
November 8, 2007 Meeting
Page 2 of 2
4. Miscellaneous Amendments/Updates. Steve Brown gave a brief background
overview on the amendments that the previous ZPC was working on and how the
Joint Public Hearing process works. Steve Brown went over the Garages and
maneuvering area amendment and preliminary report that was passed on September
13, 2007. Then James Dougherty gave a background and overview of the Old Stock
Housing amendment dated November 8, 2007. After discussion, it was requested that
this amendment and preliminary report be modified and repassed at the December
13, 2007 meeting. James Dougherty then gave an overview and background of the
Structures amendment dated November 8, 2007. After discussion, Janet Duncan
made a motion to approve the preliminary report and amendment dated November 8,
2007 as presented and modified this evening to forward to City Council. Allan
Elkowitz seconded. Ayes: Steve Brown, Allan Elkowitz, Patric Stafshede, Selby
Clark and Janet Duncan. Noes: none. Motion passed. It was requested due to time,
that the remaining amendments along with the Old Stock housing amendment be
discussed at next month's meeting.
Adjournment. Selby Clark made a motion to adjourn. Patric Stafshede seconded.
Ayes: Steve Brown, Allan Elkowitz, Patric Stafshede, Selby Clark and Janet Duncan.
Noes: none. Motion passed. Meeting adjourned at 8:20 p.m.
Attachments:
Draft Revised ZPC Rules of Procedure
Letters to Current Owners, Project Manager and of Rice Village Place in reference to
the replat of Rice Village Place, dated 10-24-2007
Preliminary reports and amendment relating to Old Stock housing (alternate version),
dated 11-8-2007
Preliminary reports and amendment relating to Structures, dated 11-8-2007
i
PASSED THIS / ~ DAY, OF '2007.
Steve Brown, Presiding Officer
ATTEST: 1 ~1
V4
Sa ye A. Clark, Pl ing Assistant
Attachment to 11-8-2007 ZPC minutes
Exhibit 8
NOTICE OF PUBLIC HEARINGS
The Zoning & Planning Commission and the City Council of the
City of West University Place, Texas ("City") will hold joint
public hearings in the Council Chamber of the Municipal
Building, 3800 University Boulevard, Houston, Texas 77005 during
the City Council meeting set to begin at 6:30 PM on
. Each hearing may be recessed and continued to the
City Council meeting set to begin at 6:30 p.m. on
at the same place. The purpose
for the hearings is to provide an opportunity for parties in
interest and citizens to be heard in relation to proposal(s) to
amend the City's Zoning Ordinance, as follows:
Definition of Structures. Under the existing definition of
"structure," certain criteria contribute to define what a
structure is (e.g., things not portable, usually left in
one place, fixed to the ground, etc.) The proposal adds a
presumption that a human-made object that remains in one
location for 180 days or longer and either weighs more than
250 pounds or is attached to the ground (or another
structure); is a structure.
[Insert others]
Additional details on the proposal(s) as well as the Zoning
Ordinance are all available for public inspection in the
Municipal Building, 3800 University Boulevard, Houston, Texas
77005. The proposed changes to the Zoning Ordinance would apply
generally within the City, and any person interested in such
matters should attend the hearings. The proposal(s) may be
adopted only after notice and hearing and would control over
anything inconsistent in the current Zoning Ordinance.
Date: /s/ Kay Holloway, City Secretary
Attachment to 11-8-2007 21PC minutes
Amendment relating to
definition of
"structures"
11-8-07
,5frL4cO rie-;S
Amend the definition of 'Wd &teek heusk;gZas follows:
Structure . Anything made by humans which: (i) is not readily portable; (ii) is usually left
in one location for an indefinite period of time; or (iii) requires either permanent or fixed location
on or in the ground or attachment to something having a permanent or fixed location on or in the
ground for its use. Examples of structures, which do not limit this definition, are: sculptures;
lampposts; sidewalks; driveways; playground equipment and facilities; buildings; flagpoles;
antennas and pools. A human-made object that remains in one location for 180 days or longer is
presumed to be a structure if it weighs more than 250 pounds or is attached to the grgund (or a
structure ; this presumption is rebutable.
Attachment to 11-8-2007 ZPC minutes
interested persons to participate in the joint public hearing.
The Vote. The vote on approval of this report was as
follows: Commissioners voted
"aye;" no "noes;" absent.
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
By
For the Commission
Attachment to 11-8-2007 ZPC minutes
Exhibit A
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard`
West University Place, Texas 77005
November 8, 2007
Honorable Mayor & ~iy
Members of the City Council
City of West University Place,
3808 University Boulevard
Houston, Texas 77005
Subject: Preliminary report on a proposal to amend the
zoning ordinance of the City of West University Place, Texas ("City") relating to DEFINITION OF }
STRUCTURES
To the Honorable Mayor
& Members of City Council: r~Xl
The Zoning & Planning Commission of the City submits this,
its preliminary report, on the subject proposal, for the
assistance of the Council as well as other interested persons.
Scope of Proposal. Under the existing definition of
"structure," certain criteria contribute to define what a
structure is (e.g., things not portable, usually left in one
place, fixed to the ground, etc.) The proposal adds a
presumption that a human-made object that remains in one
location for 180 days or longer and either weighs more than 250
pounds or is attached to the ground (or another structure); is a
structure.
The principal purpose is to amend the definition of
"structure" to help with enforcement.
Preliminary Recommendation. Based on the limited review
given this matter so far, and subject to further review
following public hearing, the Commission: (i) finds that the
proposal, if adopted, would be in the public interest, (ii)
makes a preliminary recommendation favorable to the proposal,
(ii) recommends that the City Council call a joint public
hearing to consider this matter. The Commission invites all
Attachment to 11-8-2007 ZPC minutes
Exhibit 8
NOTICE OF PUBLIC HEARINGS
The Zoning & Planning Commission and the City Council of the
City of West University Place, Texas ("City") will hold joint
public hearings in the Council Chamber of the Municipal
Building, 3800 University Boulevard, Houston, Texas 77005 during
the City Council meeting set to begin at 6:30 PM on
. Each hearing may be recessed and continued to the
City Council meeting set to begin at 6:30 p.m. on
, at the same place. The purpose
for the hearings is to provide an opportunity for parties in
interest and citizens to be heard in relation to proposal(s) to
amend the City's Zoning Ordinance, as follows:
Old Stock Housing. Under the existing definition of "old
stock housing," housing does not qualify if: (i) it had
more than 1,700 square feet of gross floor area when built,
or (ii) it currently has more than 3,400 square feet of
gross floor area. This proposal would: (i) eliminate the
1,700-square-foot original size restriction (but keep the
requirement that the housing be more than 40 years old),
and (ii) change the size restriction from 3,400 square feet
to "200% of the gross floor area of all the buildings on
the site when the principal building was built." Changing
this definition would affect three provisions in the zoning
ordinance and other building-related ordinances (see
Section 18-20 of the Code of Ordinances). The proposal
includes conforming amendments to those provisions and
Section 18-20.
[Insert others]
Additional details on the proposal(s) as well as the Zoning
Ordinance are all available for public inspection in the
Municipal Building, 3800 University Boulevard, Houston, Texas
77005. The proposed changes to the Zoning ordinance would apply
generally within the City, and any person interested in such
matters should attend the hearings. The proposal(s) may be
adopted only after notice and hearing and would control over
anything inconsistent in the current Zoning Ordinance.
Date: /s/ Kay Holloway, City Secretary
Attachment to 11-8-2007 ZPC minutes
exists or as it may be proposed to be remodeled or expanded area, for- all.
buildings, of 3,400 squar-e feet).
Amend paragraph (1) of subsection (d) of Section 18-20 of the Code of
Ordinances as follows:
(d) Permissive factors. In considering a variance, the BSC may take the following into
account:
(1) Whether the variance will assist in the protection or preservation of historic
structure historic structures or in the protection or preservation of old stock housing (as such
housing then exists or as it may be proposed to be remodeled or expanded)., up to ^ total gFess
floor- area, for- all buildings, of 3,400 square feet).-*
Attachment to 11-8-2007 ZPC minutes
Amendment relating to
definition of
"old stock housing"
(alternate version)
11-8-07
Amend the definition of "old stock housing" in the Zoning Ordinance as follows:
Old stock housing. One or more buildings on a site meeting all the following criteria, at
any given time: (i) the principal building was built more than 40 years before that time
° ,sly with gfess floor- of 1,700 square feet less, or- and (ii) the gross floor area of all
buildings on the site at that time does not tiffently °°°°°a 3,400 square ~ exceed 200% of the
gross floor area of all the buildings on the site when the principal building was built.
Amend Note 6 of Table 7-3 in the Zoning Ordinance as follows:
Note 6. Old Stock Housing. The ZBA may issue a special exception to reduce the open area
requirement in the rear yard, if the ZBA determines: (i) the reduction is reasonably necessary to
se to be .e:::eae_ea
preserve or protect old stock housing; it then exists or- as it may be r.r .,°re.,.,.,..
expanded i to ^ total g s floor- area, for- all buildings, of 3,400 square feet); and (ii) there
will be no substantial adverse impact upon nearby properties. Such a special exception is only
effective when the gross floor area of all buildings on the site does not exceed 200% of the gross
floor area of all the buildings on the site when the principal building was built (more than 40
years previously).
Amend Note 13 of Table 7-6 in the Zoning Ordinance as follows:
Note 13. Old Stock Housing. The ZBA may issue a special exception to authorize projection of
buildings and attached structures into a side yard, rear yard or an SF Bufferyard, if the ZBA
determines: (i) the projection is reasonably necessary to preserve or protect old stock housing; as
it then exists or- as it may be proposed to be remodeled or- expanded (up to a total gfess flee
area, for- all buildings, of 3,400 feet); and (ii) there will be no substantial adverse impact squar-e upon nearby properties. Such a special exception is only effective when the gross floor area of
all buildings on the site does not exceed 200% of the gross floor area of all the buildings on the
site when the principal building was built (more than 40 years previously).
Amend Section 11.104 of the Zoning Ordinance as follows:
Section 11-104. Variances for old stock housing.
The ZBA may consider protection or preservation of old stock housing as a factor in
determining whether the "hardship" test for a variance is met, either for such housing as it then
Attachment to 11-8-2007 ZPC minutes
Preliminary Recommendation. Based on the limited review
given this matter so far, and subject to further review
following public hearing, the Commission: (i) finds that the
proposal, if adopted, would be in the public interest, (ii)
makes a preliminary recommendation favorable to the proposal,
(ii) recommends that the City Council call a joint public
hearing to consider this matter. The Commission invites all
interested persons to participate in the joint public hearing.
The Vote. The vote on approval of this report was as
follows: Commissioners voted
"aye;" no "noes;" absent.
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
By
For the Commission
Attachment to 11-8-2007 ZPC minutes
Exhibit A
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
West University Place, Texas 77005
November 8, 2007
Honorable Mayor &
Members of the City Council
City of West University Place
3808 University Boulevard
Houston, Texas 77005
Subject: Preliminary report on a proposal to amend the
zoning ordinance of the City of West University
Place, Texas ("City") relating to OLD STOCK
HOUSING
To the Honorable Mayor
& Members of City Council:
The Zoning & Planning Commission of the City submits this,
its preliminary report, on the subject proposal, for the
assistance of the Council as well as other interested persons.
Scope of Proposal. Under the existing definition of "old
stock housing," housing does not qualify if: (i) it had more
than 1,700 square feet of gross floor area when built, or (ii)
it currently has more than 3,400 square feet of gross floor
area. This proposal would: (i) eliminate the 1,700-square-foot
original size restriction (but keep the requirement that the
housing be more than 40 years old), and (ii) change the size
restriction from 3,400 square feet to 11200% of the gross floor
area of all the buildings on the site when the principal
building was built." Changing this definition would affect
three provisions in the zoning ordinance and other building-
related ordinances (see Section 18-20 of the Code of
Ordinances). The proposal includes conforming amendments to
those provisions and Section 18-20.
The principal purpose is to expand the definition of "old
stock housing."
0 ment to 11-8-2007 ZPC minutes
City of West University Place
A Neighborhood City
Recycled Paper
October 24, 2007
Amir Alani
6018 Kirby Drive
Houston, Texas 77005-3104
Dear Property Owner,
In 2005, an application for a replat of Rice Village Place was filed. The replat was
requested in order to allow electronic gates to be erected at the front of the development.
The Zoning and Planning Commission held hearings and the replat was subsequently
approved in November of 2005, but the approval was contingent upon certain conditions
being met. As of this date, the prescribed conditions and legal filing requirements have
not been met. The original applicant, David Pratt with Horizon Group, has informed the
City Planner that his company is no longer involved with the project.
This notice is being sent to inform the property owners of Rice Village Place that the
Zoning and Planning Commission will consider rescinding the prior approval of the
replat at a meeting set for Thursday, November 8, 2007. Rescission of the prior replat
approval should not prevent a new replat application in the future.
Please direct any comments or questions before the meeting to Debbie Scarcella, City
Planner at 713-662-5893 or dscarcella@westu org. You may also attend the Zoning and
Planning Commission meeting on November 8, 2007 in the Bill Watson Conference
Room, located in the City Hall building at 3800 University Boulevard. The meeting
begins at 6:15 p.m.
Sincerely,
Q (T-, t
Debbie Scarcella
City Planner
Planning and Code Enforcement Division
Public Works Department
' Univzr, ity I3uuiev ard • «est [ ni ~r~:ity i'lace, l ,xas '7()05-?399 • 71396618104441
• .vww.svestu.nrp
chment to 11-8-2007 ZPC minutes
0 City of West University Place
LA Neighborhood City
® Recycled Paper
October 24, 2007
ASP Builders, LLC
Pejman Jamea
6022 Kirby Drive
Houston, Texas 77005-3104
Dear Property Owner,
In 2005, an application for a replat of Rice Village Place was filed. The replat was
requested in order to allow electronic gates to be erected at the front of the development.
The Zoning and Planning Commission held hearings and the replat was subsequently
approved in November of 2005, but the approval was contingent upon certain conditions
being met. As of this date, the prescribed conditions and legal filing requirements have
not been met. The original applicant, David Pratt with Horizon Group, has informed the
City Planner that his company is no longer involved with the project.
This notice is being sent to inform the property owners of Rice Village Place that the
Zoning and Planning Commission will consider rescinding the prior approval of the
replat at a meeting set for Thursday, November 8, 2007. Rescission of the prior replat
approval should not prevent a new replat application in the future.
Please direct any comments or questions before the meeting to Debbie Scarcella, City
Planner at 713-662-5893 or dscarcella(cDwestu.org. You may also attend the Zoning and
Planning Commission meeting on November 8, 2007 in the Bill Watson Conference
Room, located in the City Hall building at 3800 University Boulevard. The meeting.
begins at 6:15 p.m.
Sincerely,
Debbie Scarcella
City Planner
Planning and Code Enforcement Division
Public Works Department
?S00 i_iniver5ity Boule,~ard `,Vc°sr. (~nicer,iry Place, Texas i?00>-2899 0 ?13066804441 • wwl-v.uestu.ors~
0 ment to 11-8-2007 ZPC minutes
CitofWest'UniversiY ty Place
A Neighborhood City
® Recycled Paper
October 24, 2007
Gerardo Mijares & Nasrin Shafi
34 Spotted Deer Drive
Spring, Texas 77381-3298
Re: 6016 & 6024 Kirby Drive
Dear Property Owner,
In 2005, an application for a replat of Rice Village Place was filed. The replat was
requested in order to allow electronic gates to be erected at the front of the development.
The Zoning and Planning Commission held hearings and the replat was subsequently
approved in November of 2005, but the approval was contingent upon certain conditions
being met. As of this date, the prescribed conditions and legal filing requirements have
not been met. The original applicant, David Pratt with Horizon Group, has informed the
City Planner that his company is no longer involved with the project.
This notice is being sent to inform the property owners of Rice Village Place that the
Zoning and Planning Commission will consider rescinding the prior approval of the
replat at a meeting set for Thursday, November 8, 2007. Rescission of the prior replat
approval should not prevent a new replat application in the future.
Please direct any comments or questions before the meeting to Debbie Scarcella, City
Planner at 713-662-5893 or dscarcellaawestu off. You may also attend the Zoning and
Planning Commission meeting on November 8, 2007 in the Bill Watson Conference
Room, located in the City Hall building at 3800 University Boulevard. The meeting
begins at 6:15 p.m.
Sincerely,
k 1~ I t\, I 'I I A
Debbie Scarcella
City Planner
Planning and Code Enforcement Division
Public Works Department
'8fJ0 university Bonlr°vard 9 West C-'niv,;rr%itv Place, Texas 77005-?399 • 713.668.4441 • .vxtiv.. estu.ur.~
hment to 11-8-2007 ZPC minutes
City of West University Plac
e
A Neighborhood City
® Recycled Paper
October 24, 2007
Shahla Vafi
6020 Kirby Drive
Houston, Texas 77005-3104
Dear Property Owner,
In 2005, an application for a replat of Rice Village Place was filed. The replat was
requested in order to allow electronic gates to be erected at the front of the development.
The Zoning and Planning Commission held hearings and the replat was subsequently
approved in November of 2005, but the approval was contingent upon certain conditions
being met. As of this date, the prescribed conditions and legal filing requirements have
not been met. The original applicant, David Pratt with Horizon Group, has informed the
City Planner that his company is no longer involved with the project.
This notice is being sent to inform the property owners of Rice Village Place that the
Zoning and Planning Commission will consider rescinding the prior approval of the
replat at a meeting set for Thursday, November 8, 2007. Rescission of the prior replat
approval should not prevent a new replat application in the future.
Please direct any comments or questions before the meeting to Debbie Scarcella, City
Planner at 713-662-5893 or dscarcella(&westu.org. You may also attend the Zoning and
Planning Commission meeting on November 8, 2007 in the Bill Watson Conference
Room, located in the City Hall building at 3800 University Boulevard. The meeting
begins at 6:15 p.m.
Sincerely,
Debbie Scarcella
City Planner
Planning and Code Enforcement Division
Public Works Department
X800 University ROUlevard • %V-st (`~ni,:ersity Puce, Texas 700-2899 • 7.5n8•~i441 • ~i~x-~w.,,vestu.~~r,~
13
ment to 11-8-2007 ZPC minutes
h
City o f West University Place
A Neighborhood City
Recycled Paper
October 24, 2007
Horizon Group International
Attention: David Pratt
4204 Bellaire, Suite 210
Houston, Texas 77025
Dear Mr. Pratt,
In 2005, an application for a replat of Rice Village Place was filed. The replat was
requested in order to allow electronic gates to be erected at the front of the development.
The Zoning and Planning Commission held hearings and the replat was subsequently
approved in November of 2005, but the approval was contingent upon certain conditions
being met. As of this date, the prescribed conditions and legal filing requirements have
not been met. You have informed the City Planner that your company is no longer
involved with the project.
This notice is being sent to inform the property owners of Rice Village Place and Horizon
Group International that the Zoning and Planning Commission will consider rescinding
the prior approval of the replat at a meeting set for Thursday, November 8, 2007.
Rescission of the prior replat approval should not prevent a new replat application in the
future.
Please direct any comments or questions before the meeting to Debbie Scarcella, City
Planner at 713-662-5893 or dscarcellaawestu.org. You may also attend the Zoning and
Planning Commission meeting on November 8, 2007 in the Bill Watson Conference
Room, located in the City Hall building at 3800 University Boulevard. The meeting
begins at 6:15 p.m.
Sincerely,
Debbie Scarcella
City Planner
Planning and Code Enforcement Division
Public Works Department
400 (,niversity Bulilevard + `,l' ,r t_i_,[ :rsity Place. 1'cxas 77005-1399 • 71?•6h8•4441 • www.westu.or?
Attachment to 11-8-2007 ZPC minutes
3. Hearing of the Public
4. Docketed Items
5. Adjournment
The agenda shall be posted with the notice of meeting.
ARTICLE XIII
Valid Action
Any action taken by the Z & PC, in compliance with applicable law, shall be deemed to have
waived these Rules of Procedure as to the action taken. Such action shall be valid despite any
technical noncompliance with these Rules of Procedure or their predecessors.
Adopted by the Zoning and Planning Commission of the City of West University Place, eftective
the 8th clan of November 2007.
Steve Brown, Presiding Officer
Zoning and Planning Commission
City of West University Place
6
Attachment to 11-8-2007 ZPC minutes
ARTICLE IX
Recording Secretary
Section 1. The City Manager shall appoint a recording secretary to attend all regular, special
or emergency meetings. The recording secretary shall keep minutes, conduct all
correspondence, send out all notices required, docket all applications, keep all
records and maintain all files and clerical records subject to public review.
Section 2. Minutes are not to be placed in the minute book until read and approved in final
form at a regular Z & PC meeting.
ARTICLE X
Minute Book
The Recording Secretary shall keep a permanent Minute Book, which shall record all
applications docketed, disposition of action of the Z & PC by individual vote and in the case of
denial of an application considered by the Z & PC, state the reason or reasons given by the
Z & PC for such denial.
ARTICLE XI
Amendments
These Rules of Procedure may be amended at any meeting by the vote of a majority of a quorum
of the Z & PC.
ARTICLE XII
Agenda
Section 1. The recording secretary is responsible for assembling the agenda for each
meeting. The recording secretary must place a subject on the agenda if a formal
application has been submitted or if requested by the Presiding Officer or by two
or more commissioners.
Section 2. All agenda items and supporting or backup information must be submitted to the
recording secretary by 12:00 NOON on the Friday preceding the regular meeting or
in the case of a special meeting, 96 hours in advance of the meeting.
Section 3. The agenda items for each meeting shall be arranged in the following order:
1. Introduction of Members
2. Approval of Minutes
5
Attachment to 11-8-2007 ZPC minutes
Section 5. The Presiding Officer will preserve order and decorum, preventing the impugning
of any member's motives or other personal comments not relevant to the orderly
conduct of business. The Presiding Officer shall request all speakers to keep
comments brief and relevant to the question before the Z & PC. All persons
present in the meeting room should eschew abusive, rude or inappropriate
conduct.
Section 6. Speakers should limit their presentations to three minutes each. Speakers should
direct all remarks and questions to the Presiding Officer, who may refer them for
investigation, response or other action. The Texas Open Meetings Act requires the
City to post a notice, in advance, listing every topic or subject to be considered by
the Z & PC. This law may prevent the Z & PC from considering a subject raised
by a member of the public. In this case, the Presiding Officer may refer the
matter and the Z & PC may direct that the matter be placed on the agenda for an
upcoming meeting.
Section 7. Any of the rules prescribed by this section may be suspended, for any single
meeting, by a vote of three-fourths of the Z & PC members present.
ARTICLE VII
Rehearing
Section 1. An application may not be reheard within a period of one year after denial unless
a majority of the Z & PC is satisfied that due to a substantial change of facts a
rehearing is merited.
Section 2. If a rehearing is granted, an application reflecting changed facts shall be
submitted, docketed and subject to notice and all other requirements stated herein
and in applicable ordinances and statutes.
ARTICLE VIII
Officers
The City Council may provide for appointments of the Presiding Officer and the Vice-Presiding
Officer, and may allow one or both such officers to be selected by the Z & PC. From time to
time, the Z & PC may request the City Council to appoint an officer (i.e., Parliamentarian,
Secretary) and may suggest nominees.
Any two offices (except Presiding Officer and Vice-Presiding Officer) may be held by one
Commissioner.
4
Attachment to 11-8-2007 ZPC minutes
Section 2. Where an application for subdivision or replatting is before the Z & PC for its
consideration, approvals for or objections of interested property owners to such
application will be accepted by the Z & PC for purposes of Texas Local
Government Code § 212.015 (or its successor) only if submitted in writing on the
forms approved by the Z & PC. No such written approvals or objections will be
accepted by the Z & PC at any time after the close of the public hearing at which
such application is considered.
ARTICLE VI
Meeting Procedures
Section 1. The Z & PC meetings may be conducted in accordance with Ktbertsulc a}
Order Nevviv Revised, [10th ed],' p,'15, 1. T7-25'; p. 561µu2, 569 at the Presiding
Officer's discretion or at the discretion of two commission members. If any
question arises as to procedure, the ruling of the Parliamentarian or, in his/her
absence, the ruling of the Presiding Officer shall be final.
Section 2. The normal order of proceedings for hearings before the Commission (but not
joint public hearings) is as follows:
1. Call to order
2. Presentation by the applicant
3. Presentations by other interested persons
4. Presentation by City staff
5. Response#by the applicant (limited to issues raised by interested persons
and City staff)
6. Receipt of written comments, protests, exhibits, etc.
7. Close of hearing
Members of the Z & PC may pose questions of each witness. Other persons may
submit written questions to be asked by the Presiding Officer, at the Presiding
Officer's discretion. Upon a showing of good cause and true need, the Z & PC
may: (i) require witnesses to be placed under oath, and (ii) allow direct cross-
questioning.
Section 3. Joint meetings with the City Council shall be held as required by Statute or as
requested by the City Council. These meetings shall be opened by the Presiding
Officer and operated under standard meeting procedure with the Mayor presiding.
The Mayor may defer to the Presiding Officer, who may then preside.
Section 4. Informal voice voting shall be used, unless a Z & PC member requests a roll call
vote. Where there is a single vote on a group of items, under circumstances where
no member requests a separate vote, the vote on the group is deemed to be the
same as a separate, identical vote on each item.
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Section 3. To be considered for placement on the agenda of the next regular meeting, all
required data must be received and docketed at least twenty-one days prior to the
next regular meeting.
ARTICLE III
The Docket and Calendar
Section 1. After completion of City staff review to determine that all requirements are met
for formal application, an application shall be docketed. The docketing shall be
numerical starting with "year - 1" and proceeding in sequence throughout the
year.
Section 2. Applications shall be heard in the order docketed.
ARTICLE IV
Notice - Zoning Matters
Section 1. Notice shall be given of Z & PC meetings that involve an amendment or change
to the City's zoning ordinances as required by local ordinances and State statutes.
Section 2. In the case of a district boundary change that is not subject to a joint public
hearing with the city Council, notice shall be given as required by state law and
the zoning ordinance. In addition, notice shall be posted as follows:
Place: On each corner of the affected land adjacent to a street area,
situated so that members of the public can read it 24 hours per day.
Time: At least 15 days preceding the date of the hearing.
Form: Weatherproof signs, at least 18" x 24" each with a headline at least
one-inch high reading "NOTICE OF ZONING HEARING". The
full notice shall be attached to the sign.
ARTICLE V
Notice - Subdivision Matters
Section 1. Notice shall be given of Z & PC meetings that involve a proposed subdivision
and/or replatting of one or more lots or parcels as required by local ordinances
and State statutes.
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Zoning and Planning Commission
Rules of Procedures
ARTICLE I
Meetings
Section 1. Regular meetings of the Zoning and Planning Commission (Z & PC) shall be held
at 6:15 p.m., on the second Thursday of each month. The City Manager, with
concurrence from the Presiding Officer may reschedule any meeting of the Z &
PC.
Section 2. Special meetings may be called by the Presiding Officer of the Z & PC or at the
request of two commission members.
Section 3. Notice of all meetings shall be posted as required by Texas Local Government
Code § 212 and each member of the Z & PC shall be notified in writing at least 72
hours prior to the meeting except in the case of emergency meetings, which can
be called with two hours notice.
Section 4. A majority of the members of the Z & PC shall constitute a quorum.
ARTICLE II
Applications Before the Commission
Section 1. Applications under Chapter 212 are not deemed to be filed with the Z & PC (or
received by the Z & PC) until all of the following have occurred:
1. The recording secretary has received the application, in writing and on the
standard City forms with:
a. the full application fee; and
b. in the case of proposed plats or replats, the original and at least 12 full-
sized prints, each with the form and content required by Chapter 20 of the
Code of Ordinances, the zoning ordinance, state law and other applicable
laws, rules and regulations.
2. The City staff has reviewed the application and certified it to be complete.
3. A copy of the application and certification has been delivered to the members
of the Z & PC.
Section 2. All applications shall be on the form approved by the Z & PC for the proposed
action.