There is hereby created and established for the city, a planning and zoning commission, which shall be composed of seven members. The members shall be resident citizens, taxpayers and qualified voters of the city, appointed by a majority vote of the city council. Each member’s term shall be for period of two (2) years and any person filling a vacancy on the commission shall serve to complete the unexpired term. Members of the commission may be removed by a majority vote of the city council. The members of the commission shall serve without compensation.
(Ordinance 2015-23 adopted 10/13/15)
The planning and zoning commission shall elect a chairman, and vice-chairman, from its membership, and shall have power to employ such qualified persons as may be necessary for the proper conduct and undertakings of the commission, and to pay for their services and such other necessary expenses, provided that the cost of such services and expenses shall not exceed the amount appropriated by the governing body for the use of the commission. It shall also have the power to make rules, regulations and bylaws for its own government, which shall conform as nearly as possible with those governing the city council, and same shall be subject to approval by such council. Such bylaws shall include, among other items, provisions for:
(1) 
Regular and special meetings, open to the public;
(2) 
Records of its proceedings, to be open for inspection by the public;
(3) 
Reporting to the governing body and the public, from time to time and annually;
(4) 
For the holding of public hearings on its recommendations.
(Ordinance 2007-39, sec. 2, adopted 8/28/07)
The planning and zoning commission shall have the power and it shall be its duty to make and recommend for adoption a master plan, as a whole or in parts, for the future development and redevelopment of the municipality and its environs, including, but not limited to, investigation and recommendations concerning improvement, extension, additions and alterations to the streets, water and sewer facilities of the municipality and the feasibility of cooperation with the federal government or any agency thereof for the purpose of providing or improving the source and distribution of water for the municipality; and such commission shall have power, and it shall be its duty, to prepare a comprehensive plan and ordinance for zoning the city in accordance with section 212 of the Texas Local Government Code, as amended and an ordinance for the subdivision of land in the city and its extraterritorial jurisdiction (ETJ) in accordance with section 211 of the Texas Local Government Code. The commission shall perform such other duties as may be prescribed by ordinance or state law.
(Ordinance 2007-39, sec. 3, adopted 8/28/07)
(a) 
Organization and officers.
(1) 
Officers.
(A) 
The commission will be composed of seven members who shall be resident citizens, taxpayers and qualified voters of the city, appointed by a majority vote of the city council. Each member’s term shall be for a period of two (2) years and any person filling a vacancy on the commission shall serve to complete the unexpired term. Each member serves at the pleasure of and under the guidance of the city council. Members of the commission may be removed by a majority vote of the city council. The members of the commission shall serve without compensation.
(B) 
A chairman and a vice-chairman shall be elected annually from among the commission’s membership at the first meeting in January or as scheduled thereafter, and at such other times as these offices may become vacant. In the absence of the chairman, the vice-chairman shall preside over the called meeting. In the absence of the chairman and the vice-chairman, the longest-serving commissioner present at the meeting shall be acting chairman for that called meeting.
(C) 
At least four (4) commissioners shall be present to constitute a quorum and conduct business.
(D) 
The planning director, or his designated representative, shall serve the commission as executive secretary.
(2) 
Duties.
(A) 
The chairman, or in his absence, the vice-chairman, or acting chairman, as set forth in subsection (1), above, shall preside over the meetings and shall decide all points of order or procedure.
(B) 
All letters of transmittal from the commission to the city council shall be over the signature of the chairman.
(C) 
The executive secretary shall have the full care, custody and control of the minutes and other official records, shall attend to the correspondence of the commission, and shall cause to be given such notices as are required and in the manner prescribed by statute, ordinance, these rules or the commission.
(D) 
A recording secretary, designated by the planning director, shall perform such duties as are necessary to prepare accurate and complete minutes of the commission’s actions under the supervision of the executive secretary.
(3) 
Orientation.
(A) 
The executive secretary shall prepare and present an orientation session to all newly appointed members of the planning and zoning commission within 30 days of their appointment. Said orientation session should include an explanation of the following subjects but not limited to:
(i) 
Comprehensive zoning ordinance and subdivision regulations.
(ii) 
Planning and zoning commission rules of procedure.
(iii) 
Special area plans.
(iv) 
Capital improvement programs.
(v) 
The development process.
(vi) 
Legal criteria for evaluating platting and zoning requests.
(vii) 
Potential liability of commission members.
(viii) 
Attendance requirements for commission members.
(B) 
The chairman shall report to the city council any member who does not attend such orientation session within 30 days of appointment. Failure to attend said orientation session as required herein shall not be a condition precedent to any member sitting on the commission and shall not disqualify said member from deliberating or voting on any matter before the commission.
(4) 
Rules of order.
Roberts Rules of Order, latest revision, shall be the commission’s final authority on all questions of procedure and parliamentary law not covered by these rules of procedure.
(5) 
Suspension of rules.
Any provision of these rules not governed by the city charter or code may be temporarily suspended by a two-thirds vote of all members of the commission, which vote shall be entered upon the minutes.
(6) 
Attendance policy.
Members of the board must be present in order to vote at any meeting. Regular attendance at the board meetings is required of all members. The following number of absences shall constitute the basis for replacement of a member. Three (3) consecutive absences from meeting of the board shall cause the position to be considered vacant. In addition, the position of any member who has four (4) absences in a twelve (12) month period shall also be considered vacant.
(b) 
Meetings.
(1) 
Agenda.
(A) 
An agenda shall be prepared by the executive secretary for each meeting of the commission and posted in front of the city hall window no later than 72 hours prior to the scheduled hearing.
(B) 
There shall be attached to each agenda a report of matters pending further action by the commission and of disposition by the executive secretary.
(2) 
Regular meetings.
Regular meetings shall be held on the third Tuesday of each month, unless otherwise determined by the commission.
(3) 
Special meetings.
(A) 
Special meetings for any purpose may be held on the call of the chairman or on request of two or more members and by giving written notice to all members, deposited in the mail at least 72 hours before the meeting, or as may be scheduled by a majority of the commission at any previous meeting with a posted agenda placed in front of the city hall window no later than 72 hours prior to the scheduled hearing.
(B) 
The time and place of the special meeting shall be determined by the convening authority.
(4) 
Public meetings.
(A) 
All meetings shall be held in full compliance with the provisions of state law, the charter and this code and these rules of procedure.
(B) 
Any party in interest may appear on his/her own behalf or be represented by counsel or agent.
(5) 
Work/study session.
(A) 
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 work or study session, provided that no deliberation shall take place regarding scheduled cases.
(B) 
A written agenda shall be posted for all called work/study sessions as required for regular meetings.
(C) 
A quorum is required to carry on business at a work/study session.
(c) 
Official records.
(1) 
Definition.
The official records shall be these rules and regulations and the minutes of the commission together with all findings, decisions and other official record of the commission.
(2) 
Recording of vote.
The minutes of the commission’s proceedings shall show the vote of each member or, if absent or failing to vote, shall indicate that fact.
(3) 
Files; retention.
(A) 
All matters coming before the commission shall be filed in the planning department in accordance with that department’s general file system.
(B) 
Original papers of all requests and proposals shall be retained for not less than five (5) years after date of submittal; other studies shall be retained for not less than two (2) years.
(C) 
Thereafter, they may be microfilmed or in a format acceptable by city policies for retention as permanent record along with other special matters as the executive secretary deems essential or as the commission may direct.
(4) 
Public record.
The official records, filed for commission action in regular or special meetings, shall be on file in the planning department and shall be open to public inspection during customary working hours.
(d) 
Application procedures.
(1) 
Written request required.
Every proposal submitted for commission action shall be made in writing on application forms provided by the city accompanied by all prescribed fees and submittal requirements, and shall be complete in all respects before being accepted for filing.
(2) 
Filing deadline.
Every proposal shall be filed with the planning department according to the latest submittal calendar approved by the planning and zoning commission every November.
(3) 
Notice.
The public notice and public advertisement of cases requiring public hearings shall adhere to section 1 of the zoning ordinance.
(4) 
Submission of supporting information.
Information supporting a recommendation to approve or disapprove any proposal before the commission shall be submitted only through the executive secretary or to the commission in public meeting.
(5) 
Withdrawal or continuance of application.
When any applicant desires to withdraw or continue a hearing on an application, it may do so by filing a written request to that effect with the executive secretary, subject to the following rules:
(A) 
A request for withdrawal submitted within fourteen (14) days following the filing of the application shall be accepted by city staff without the need for commission approval.
(B) 
All other requests for withdrawal are subject to commission approval at its next regularly scheduled public hearing, at which time the commission may, at its discretion, recommend acceptance of the withdrawal (which shall be considered a recommendation of denial without prejudice of the proposal) or recommend rejection of the withdrawal (which shall be considered a recommendation of denial with prejudice).
(C) 
The applicant is entitled to one continuance for a period not to exceed one hundred eighty (180) days from the filing of the application, provided that the request is submitted no later than fourteen (14) days following the filing of the application. Such continuance shall be granted administratively by city staff and shall not require commission approval.
(D) 
All other requests for continuance will be at the discretion of the commission, which may not continue public hearings on a case beyond one hundred eighty (180) days from the filing of the application. At that time, the commission shall hear the case or, if the applicant is not prepared to present the merits of the case, shall recommend denial of the case with or without prejudice.
(e) 
Hearings and decisions.
(1) 
Order of business.
(A) 
The chairman shall call the commission to order, and the members present and absent shall be recorded.
(B) 
The minutes of any preceding meeting shall be submitted for approval.
(C) 
The public shall be advised of the procedures to be followed in the meeting. The executive secretary shall publicly advise the commission of any communications received pertaining to any matter before the commission.
(D) 
The commission shall then hear and act upon those proposals scheduled for public hearing, together with any other matters of business, and report as the commission or executive secretary finds to require commission consideration.
(2) 
Procedure for hearing of proposals.
(A) 
The chairman shall call each proposal for amendment in such order as to be in accord with the hearing time and agenda sequence specified in the posted notice of public hearing.
(i) 
The chairman, at the request of other commissioners and/or staff, may change the order of the agenda.
(B) 
Staff will present each case to the commissioners and also provide a recommendation. The applicant or representative may also present their case to the commission.
(C) 
The chairman shall next call on persons who have filled out a form to speak relative to the applicable public hearing proposal being heard.
(D) 
The chairman shall afford the staff an opportunity to call to the attention of the commission any additional pertinent information.
(E) 
The chairman shall then call for rebuttal testimony from the applicant only.
(3) 
Voting.
(A) 
The commission shall vote on each case after it is presented and before the public hearing on the next case.
(B) 
During the public hearing on the case, any member of the commission may call upon the applicant, city staff or any other person present at the hearing for further questioning relevant to the case.
(C) 
During the voting session, no further testimony shall be permitted. However, the commission may direct questions to the city staff in order to review or clarify any testimony or evidence presented at the public hearing.
(4) 
Motions.
(A) 
A motion may be made by any member of the commission.
(B) 
A motion to recommend approval of any item on the posted agenda shall require an affirmative vote of four (4) members.
(5) 
Disqualification.
(A) 
A member shall disqualify himself from voting whenever he finds that he has a personal or monetary interest in the property under appeal, or will be directly affected by the decision of the commission.
(B) 
A member may disqualify himself from voting whenever any applicant, or his agent, has sought to influence the vote of the member on his application, other than in the public hearing.
(C) 
A member who disqualifies himself or abstains from voting on any case shall announce such disqualification or abstention for the public record, prior to the presentation of the case, and shall not take part in the deliberation or voting on the case. In the event a member does not discover any circumstances require his disqualification or abstention until the public hearing, such member shall announce such disqualification or abstention as soon as it is discovered.
(D) 
A member who disqualifies himself from voting shall also sign a conflict of interest disclosure form and be notarized by the city secretary.
(6) 
Staff attendance.
(A) 
The director of planning, or their designees, shall attend all meetings of the commission.
(B) 
The director of planning and the city attorney shall advise the commission on all matters under consideration and may direct questions to the applicant or any other person at the public hearing.
(C) 
The director of planning and the city attorney or their designees shall, at the request of the chairman or any other member of the commission, be available to respond to questions from any member of the commission.
(f) 
Rules and amendments.
(1) 
Amendments.
Amendments to these rules of procedure may be adopted by the commission at any meeting upon the affirmative vote of four (4) members, provided that such amendment is proposed at a preceding meeting and spread on the minutes of such meeting. By unanimous consent of the commission, amendments may be adopted at the meeting at which introduced but shall not become effective until the next regular meeting following city council approval. The city council may request recommendations from the commission; however, the rules of procedure may be amended at any time without the commission’s prior approval.
(2) 
Certified copy.
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 days following their date of adoption.
(3) 
Repealing clause.
All previously adopted rules of procedure of the commission shall be and the same are hereby expressly repealed.
(Ordinance 2015-23 adopted 10/13/15); (Ordinance 2019-68 adopted 12/10/19)