HomeMy WebLinkAbout09122019 ZPC Agenda Item 1 ZONING & PLANNING COMMISSION (2017-2019)
Name and Address Position Contact Information
Richard Wilson Position 1 713.651.3609 (o)
3505 Robinhood Chair 713.592.5397 (h)
riwilson(a�fulbright.com
Served on ZBA from 2003-2011
Appointed as Chair to BSC 09/12/11
Appointed to Chair of ZPC 10/07/13
John Cutrer Position 2 713.333.1628 (o)
3936 Marlowe First Appointed 8/24/15 713.907.9102 (h) or (c)
jc@csrp.com
Winfield Campbell Position 3 713.806.3601 (w)
6135 Fordham First Appointed 08/12/19 wcampbell@campbellricicis.com
Sylvette Bobb Position 4 281.841.0841
3729 Arnold First Appointed 08/12/19 scbobb(a sbcglobal.net
Also served on BSC,ZBA 10/13 to
09/17
David Kuykendall Position 5 832.202.6337
3524 Amherst First Appointed to ZPC 2015-2017 dhk.houstonatt.net
Served on ZBA 2017-2019
Reappointed to ZPC 08/12/19
Bob Powell Position 6 281.224.9507
4112 Albans First Appointed 08/12/19 713.666.6745 (Alternate)
powellrhw a(�aol.com
Brian Brantley Position 7 713.738.3028 (o)
2733 Werlein First Appointed 9/11/17 713.664.8636 (h)
Brian.christopher.brantley angmail.com
August 7,2019(tg)
The Commission meets the 2nd Thursday of the month at 6:15 p.m. in the Conference Room.
All positions expire August 31, 2021.
ZONING AND PLANNING COMMISSION
MEETING/DEADLINE DATES 2019-2021
All meetings begin at 6:15 p.m. and are held in the Bill Watson Conference Room located in the
Municipal Building at 3800 University Boulevard unless otherwise directed by the official posted
agenda.These dates do not include any special meetings, workshops or joint hearings that may
be called from time to time.
Applications must be submitted by 12:00 p.m.
Meeting Dates Deadline Dates
September 12, 2019 August 22, 2019
October 10, 2019 September 19, 2019
November 14, 2019 October 24, 2019
December 12, 2019 November 21, 2019
January 9, 2020 December 19, 2019
February 13, 2020 January 23, 2020
March 12, 2020 February 20, 2020
April 9, 2020 March 19, 2020
May 14, 2020 April 23, 2020
June 11, 2020 May 21, 2020
July 9, 2020 June 18, 2020
August 13, 2020 July 9, 2020
September 10, 2020 August 20, 2020
October 8, 2020 September 17, 2020
November 12, 2020 October 22, 2020
December 10, 2020 November 19, 2020
January 14, 2021 December 23, 2020
February 11, 2021 January 21, 2021
March 11, 2021 February 18, 2021
April 8, 2021 March 18, 2021
May 13, 2021 April 22, 2021
June 10, 2021 May 20, 2021
July 8, 2021 June 17, 2021
August 12, 2021 July 22, 2021
September 9, 2021 August 19, 2021
October 14, 2021 September 23, 2021
November 11, 2021 October 21, 2021
December 9, 2021 November 18, 2021
Zoning and Planning Commission
Rules of Procedures
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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 74 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.
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, 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.
2
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 Robert's Rules of
Order Newly Revised (11th edition), 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.
3
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 shall 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 regarding subdivision matters 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. An application for
rezoning may not be reheard within a period of one year after a joint public
hearing has been conducted 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
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. Hearing of the Public
5
3. Docketed Items
4. Meeting Minutes
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, effective
the 8th day of August, 2019.
Richard Wilson, Presiding Officer
Zoning and Planning Commission
City of West University Place
6
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Orientation
Zoning & Planning
West University Commission
Place September 12,2019
Board Orientation Mission
• Provide information to both old and new board &
commission members
• Understand the specific responsibilities of the
ZPC
• Overview of legal issues
• Answer questions
Overview
• BSC ZPC
• Building/Dev. Codes • Plats & Re-plats
• Substandard Buildings • Zoning amendments
• Property Maintenance • Comprehensive plans
• Signs • ZBA
• Fences
• Curbs & Sidewalks • Zoning relief and
• Trees interpretations
• Animal Control
• Zoning enforcement
• Swimming Pools
Information Flow Chart
j> Citizens \-\\
\\\
014 City Council \\\
zifj 41-1. 9
Boards
Senior Staff
_ �= ^/
414 Staff Liaisons
Role of the ZPC
• Advises Council on zoning amendments and applications
(Comprehensive Plan,Zoning Ordinance)
• Plats and replats—Final decisions
• Recommends plans for the physical development of the city
• No meeting necessary unless there is a request for action to the
group from council, staff or citizens
❖Meet the 2"d Thursday of each month at 6:15 pm unless called
otherwise
❖Do not hit the"reply all"button when responding to a group email
❖Any notes you make on your papers are public record and must
keep for 90 days.
❖All meetings are recorded
Role of Staff
• Support and assist the board
• Make recommendations and help the board
be productive
• Facilitate communications between City
Council, Senior Staff, City Attorney and the
board
• Set the meeting agenda
Y
ZPC Procedure Amending an Ordinance
• Discussion(s) occur at multiple ZPC meetings regarding a subject
• ZPC prepares and approved a preliminary report
• The preliminary report is forwarded to council to place on an
agenda to call for a joint public hearing between City Council and
the ZPC
• A joint pubic hearing is held approximately 30 days later.
• The ZPC discusses the comments at a follow up meeting or
meetings.A final report is approved and forwarded to council
• The final report is forwarded to council to place on an agenda for
first reading of an ordinance. If approved,a second reading is held
at the next council meeting.
Procedure for a Plat Hearing
• Applicant submits the plat to staff
• Staff reviews the plat
• Notices and newspaper adds go out
• Public hearing is held during a ZPC meeting
• ZPC approves or disapproves the plat.
• If approved, the plat is not legal until it is
recorded with Harris County Real Property
Records.
Legal Issues
• Conflicts & Public Servant Laws
• Open Meetings
• Open Records
• Other
Conflict of Interest
City Charter, §10.04
• Scope —
• Employee or elected or appointed officer
• During the term of office
• Don't act if personal interest in conflict with City
interest
• Don't accept gifts, favors, privileges or
employment
• Don't have an interest in contracts, jobs, work or
service
Local Gov't Code Chapter 171
Scope —
•Local public official (and family)
•Substantial interest in real property or business
entity
•Special economic effect
• Requirements —
•Abstain from participation
•File affidavit before any vote
•Violation is a criminal offense
Public Servant Laws
• Watch out for:
•"Benefits" and honoraria
•City property or services
•Use of"inside" information
•Undue influence
I
Open Meetings Act
• Scope —
•Governmental body — BSC, ZBA, ZPC
•Quorum (or sometimes less)
•Verbal exchange, electronic
communication or receiving info
•Public business or policy
• Training required by State —2 hours
•To be scheduled within 90 days
Open Meetings Act
• Requirements —
•Post notice 72 hours in advance
Date, Time, Place, Subject (agenda)
•Open to the public
•Minutes, tapes or other means of recording
•Violations can be criminal offenses
No Walking Quorums
A "walking quorum" occurs when members of a
governmental body meet in a series of meetings in
person or via phone or other electronic communication
in numbers less than a quorum to discuss public
business and avoid the requirements of the Act.
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Open Meetings Act
• Watch out for--
•Unposted exchanges of info
•Electronic "meetings"
•Less-than-a-quorum
•Executive sessions
Tried and True Formula
• Keep all public business —
--IN the room
--ON the agenda
--WITHIN your scope of responsibility
Open Records (PIA)
• Almost everything is public
• Must provide copies upon request
• Don't destroy anything unless. . .
• Don't "tamper" with records
Questions?