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HomeMy WebLinkAbout10042021 ZPC Agenda Item 2 0.-;"n tion it. �f 4►. ., v City of Zoning and Planning West University Commission Place 2021 Scott Bounds City Attorney Olson & Olson, L.L.P. 713 533 3878 Sbounds@OlsonLLP.corn Board Orientation Mission • Understand the responsibilities of the ZPC • Provide overview of legal issues • Answerq uestions Overview • BSC • ZPC • Building/Dev. Codes • Plats& Re-plats • Substandard Buildings • Zoning ordinance • Property Maintenance • Comprehensive plans • Signs • ZBA • Fences • Zoning relief and • Curbs & Sidewalks interpretations • Trees • Zoning enforcement • Animal Control • Swimming Pools Information Flow Chart Citizens City Council •, Boards �\ 4* 4,121% Senior Staff Akei 1°1 Staff Liaisons J History of Land Use Regulation 1921 - 1925- U.S. Department of Commerce: State Standard Zoning Enabling Act Planning (1997) — Ch. 213,TLGC Subdivision Regulations (1927) — Ch. 212 Zoning Regulations (1927) — Ch. 211 Statutory Role of the ZPC • Review the comprehensive plan • 213.003 • Approval of plats • 212.006 • Hold public hearings and make reports regarding boundaries of zoning districts and zoning regulations • 211.007 Core City Documents • City Charter: Section 5- There shall be a municipal planning commission which shall also serve as a zoning commission — the Zoning and Planning Commission. • Zoning Ordinance: Article 15-101 • Subdivision Ordinance: Chapter 74 (municode) • Commission's Rules of Procedure Section 15-101-Zoning& Planning Commission • A quorum is a majority of the members appointed but never fewer than three; positions numbered from "1" through "5" (plus "6" and "7," if appointed). • . ...must be a resident of the City • Terms begin on September 1 of each odd-numbered calendar year and extending through August 31 the next odd year. • City Council may remove a member for cause on a written charge after a public hearing. • City Council may appoint a presiding officer, a vice presiding officer, and a secretary or may allow one or more such officers to be selected by the ZPC. • No Compensation. .. But may be reimbursed for reasonable expenses incurred by authority of the CM or CC. 74-76: Authorize Variances •The ZPC may authorize a variance when an applicant can show that a regulation: •(1)Would cause unnecessary hardship if strictly adhered to; and •(2)Is because of a physical condition peculiar to the land. •(*)Any variance must be in in writing stating the reason(s) for which the variance was approved. •(*)Not less than two-thirds of the entire membership of the ZPC (not just those present at the meeting) must approve the request. The Quasi-judicial Trial • Notice and public hearing • Identification of parties; Applicant;Aggrieved; Administrator • Public Participation • Right of cross-examination • Deliberation • Written decision Other General Matters • Conflicts & Public Servant Laws • Open Meetings • Open Records • Other Conflicts 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 212.017 - Conflict of Interest • "subdivided tract" means a tract of land,as a whole,that is subdivided. The term does not mean an individual lot in a subdivided tract of land. • A person has a substantial interest in a subdivided tract if the person: (1) has an equitable or legal ownership interest in the tract with a fmv of$2,500 or more; (2) acts as a developer of the tract; (3) owns 10%or more of the voting stock or shares of or owns either 10%or more or $5,000 or more of the fmv of a business entity that: (A) has an equitable or legal ownership interest in the tract with a fmv of$2,500 or more; or (B) acts as a developer of the tract; or(4) receives in a calendar year funds from a business entity described by Subdivision(3)that exceed 10%the person's gross income for the previous year. I 1 211.017 - Family Matters: • A person also is considered to have a substantial interest in a subdivided tract if the person is related in the first degree by consanguinity or affinity, as determined under Chapter 573, Government Code, to another person who, has a substantial interest in the tract. • If a member of the municipal authority responsible for approving plats has a substantial interest in a subdivided tract, the member shall file,before a vote or decision regarding the approval of a plat for the tract, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter. The affidavit must be filed with the municipal secretary. I Public Servant Laws • Watch out for: • "Benefits" and honoraria • City property or services • Use of"inside" information • Undue influence 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 � 1 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. pueLlc N1eeTtNGS(3eHiND cLoseo DoORs) IS Nop� r'b =?rf i�aa 1 Filliiii 0 f, Ili 1 [:\ __,„-/ — '44 * tA Wit THeN Now Open Meetings Act (and fairness) • 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- Public Information Act (PIA) • Almost everything is public (including texts & emails on cellphone) • Must provide copies upon request • Don't destroy anything unless. . . • Don't "tamper" with records Major Caveats • The "open meetings" and "public information" acts • 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 Questions? ZONING & PLANNING COMMISSION (2021-2023) Name and Address Position Contact Information John Cutrer Position 1, Chair 713.333.1628 (o) 3936 Marlowe First Appointed 8/24/15 713.907.9102 (h) or (c) Appointed to Pos. 1,Chair 08/27/21 jc(a,csrp.com Richard Wilson Position 2 713.592.5397 (h) 3505 Robinhood Served on ZBA from 2003-2011 ricojwilson©gmail.com Appointed as Chair to BSC 09/12/11 Appointed to Chair of ZPC 10/07/13 Appointed to Position 2 09/27/21 Bob Powell Position 3 281.224.9507 4112 AlbansFirst Appointed 08/12/19 713.666.6745 (Alternate) Appointed to Pos 3 on 09/27/21 powellrhwaol.com Matthew Fisher Position 4 713.320.7473 6406 Mercer First Appointed 08/12/19 mateofisher(c�gmail.com Sam Mazzu, Ill Position 5 817.729.5425 2625 Wroxton, Unit B First Appointed 09/27/21 Sam.mazzu(a�gmail.com Myrenda Takashima Position 6 832.687.4586 3836 Swarthmore First Appointed 9/27/21 Myrendachiu(a gmail.com John Howard Position 7 713.962.0120 6635 Belmont First Appointed 9/27/21 713.661.9359 (alternate jwhoward65(a�gmail.com September 2021 (jh)tg The Commission meets the 2nd Thursday of the month at 6:15 p.m. in the Conference Room. All positions expire August 31, 2023. 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 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 5S 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 I. 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 ofthe 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. athe Section 2. All agenda items and supporting or backupinformation must be submitted to g PP o 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. &l' I'0011 kJJ+ Richard Wilson, If ding Officer Zoning and Plannt Commission City of West University Place 6