A. Created.
(1) There is hereby created a planning and zoning commission of the city. Such commission shall consist of seven members, and may include alternates. The commission members shall be qualified voters in the city.
(2) The members of the planning and zoning commission shall be appointed by a majority of the city council. Members shall be appointed to staggered, overlapping two-year terms.
(3) Vacancies in the planning and zoning commission occurring other than through the expiration term of office shall be filled by the majority vote of the entire city council. Such appointee shall serve for that portion of the unexpired term remaining of the vacancy being filled.
(4) If any member of the planning and zoning commission is absent from three consecutive regular meetings, such member may be removed by the City Council.
(5) The members of the planning and zoning commission shall serve without compensation.
(6) Four members of the planning and zoning commission shall constitute a quorum, and all members, including the presiding chairman, shall have the right of one vote each, a quorum being present. All actions by the planning and zoning commission shall be by a majority vote of those members present. The planning and zoning commission shall:
(a) Organize and select officers in June of each year, which shall include a chairman, vice-chairman and secretary to serve for one-year terms;
(b) Adopt its own rules of procedure for the conduct of its public hearings; and
(c) Keep accurate minutes of its meetings which shall be recorded with the city secretary, and such minutes shall become a part of the permanent city records. Its meetings shall be open to the public at all times. The commission shall meet at least once a month.
B. Duties and powers.
The planning and zoning commission shall generally have the following duties and powers:
(1) To obtain information and make recommendations to the city council and to cooperate with all boards and other agencies as to all facts bearing upon the needs of the city with regard to the development of boulevards, streets and avenues and other public ways or places and city plans and subdivision development generally.
(2) To formulate a plan to regulate and restrict the location of trades and industries, and the location of buildings designed for specific uses, and to regulate and limit the height and bulk of buildings. To effect such purposes, the commission shall divide the city into zones of such number, shape and area as may seem best to carry out a definite plan for the development of the city, and shall submit the same to the city council for approval or rejection. In performing such duties, the commission shall function as provided under articles
1011a to
1011j, Revised Civil Statutes.
(3) To recommend to the city council whether property should be acquired for boulevard purposes, and also whether or not any change should be made in the width or length of any street or boulevard.
(4) To cooperate with and advise the city council with respect to any plan for the location or change of public buildings, bridges, approaches or other structures erected by the city.
(5) To keep itself informed with reference to the progress of city planning in this and other counties, and to make studies and recommendations for the improvement of the plan of the city with view to the present and future movement of traffic and the convenience, health, recreation, safety, general welfare and needs of the city, based upon the city plan. Such commission shall consider and report to the city council with reference to all facts bearing on the designs and their relations to the city plan of all new public ways, lands, buildings, bridges, improvements of drainage, extension or opening of streets and avenues.
(6) To pass upon whether or not plats of land and proposed plats of land within the city or coming under the city's jurisdiction should be accepted when responsible, and to formulate and furnish to the city council regulations governing the platting of additions which shall be for the guidance of the public in this regard.
(7) To act in an advisory capacity to the city council in all matters pertaining to zoning, public improvements, civic improvements, city planning, opening, widening and changing of streets, and such other matters relating to civic improvements as such commission may deem beneficial and to the interest of the city.
C. Rules and regulations.
The following rules and regulations are hereby adopted by the city for the making of applications for zoning changes and for the handling of public hearings before the city planning and zoning commission and the city council:
(1) Applications for zoning changes must be made in writing and filed with the office of development services on a form approved by the city manager or his/her designee. The form to be used in making the application shall contain such information as may be required by the city manager or his/her designee.
(2) Written notice of the public hearing shall be sent to property owners as required by law prior to the hearing by the planning and zoning commission. The notice shall be mailed at least ten days prior to the hearing to all owners of property affected by the proposed change in the zoning by sending such notices to all persons owning property within 200 feet of the area of the proposed change of zoning. The notice shall be sent to persons whose names appear on the current tax roll.
(3) All zoning changes or amendments, including zoning, rezoning, amendments to planned developments, specific use permits, and the like, shall be required to have an official sign posted prior to planning and zoning commission consideration and the sign maintained throughout the zoning change process.
(a) The director of development services, or designee shall have the authority to determine if the notice posting on the subject property met the intent of the requirements contained herein.
(b) Process.
The following requirements shall apply to the posting of a zoning change sign:
(i) The applicant shall be responsible for posting the required number of notification signs on the subject property at least seven (7) calendar days prior to the planning and zoning commission consideration of the application and for maintaining the required signs, until consideration by the city council.
(ii) The applicant shall furnish an affidavit to the development services department no earlier than 8:00 a.m. on the seventh (7th) calendar day prior to the planning and zoning commission meeting, and no later than 12:00 p.m. (noon) on the fifth (5th) calendar day prior to the planning and zoning commission meeting at which the public hearing is scheduled, certifying that the required sign was posted on the subject property on or before the seventh day prior to said commission meeting. A picture of the zoning sign(s) placed on the property shall be provided to the development services department for permanent record.
(iii) Failure to post the sign at least seven (7) days prior to the planning and zoning commission public hearing shall result in the postponement of the zoning change consideration by the commission. The applicant shall be subject to an additional fee to republish and/or re-notify due to such postponement.
(c) Maintenance of zoning change signs.
(i) The applicant shall be responsible for maintaining the sign on the subject property throughout the zoning change process. The city is not responsible for monitoring the required zoning change signs.
(ii) Should the city discover through routine duties related to other aspects of their daily functions that the sign is not being maintained, a representative of the development services department shall contact the applicant to investigate and, if needed, correct the posting. An affidavit from the applicant certifying that the applicant has corrected the posting shall indicate that the intent of the posting requirement was met.
(iii) Failure to maintain the sign during the process shall not result in the postponement of the zoning change consideration so long as the applicant attempted to repair or replace damaged or missing signs upon notification.
(iv) The applicant shall be responsible for removing the sign from the subject property within two weeks of the final action by the city council.
(d) Sign specifications:
All required zoning change signs shall be official city signs.
(i) Zoning change signs shall be obtained through a designated contractor.
(ii) Costs of procuring, installing or replacing signs shall be at the applicant's expense.
(iii) All required signs shall be approximately four feet (4 ft.) by four feet (4 ft.) in size, as approved by the director of development services.
(iv) All required signs shall state the requested action, a telephone number at the city where additional information may be requested, and other information deemed relevant, as may be needed and as approved by the director of development services.
(e) Sign locations.
(i) All required signs shall be posted in unobstructed view on private property and in a manner in which they can be clearly read from the public right-of-way.
(ii) On tracts of land with frontage on public right-of-way greater than 250 feet, additional signs shall be posted so that each sign is no greater than approximately 200 feet apart.
(iii) On corner lots, a single sign may be posted at the intersection of the two streets if the frontage on either street does not exceed 250 feet.
(4) The planning and zoning commission may investigate such application before or after public hearing so that the members may be fully acquainted with the subject property and the surrounding area. At the hearing, proponents and opponents shall be given full and adequate opportunity to present their respective views and the planning and zoning commission will, from their personal inspection, and evidence presented, makes its recommendation to the city council as to whether or not the zoning change or special use should be granted or denied, or any other disposition which the planning and zoning commission may deem proper. It shall be the duty of the chairman of the planning and zoning commission, or in his absence, the vice-chairman, assisted by the secretary and members of the planning and zoning commission present at the hearing, to prepare a report in writing, which shall consist of a resume of the evidence head by the planning and zoning commission and any facts which the planning and zoning commission may have gained by personal inspection of the premises and surrounding area involved, and to which shall be attached the recommendation of the planning and zoning commission shall then be filed with the city secretary for presentation to the city council.
(5) When the planning and zoning commission has recommended that the application for a change of zoning be denied, the development services office shall notify the applicant of the recommendation of the planning and zoning commission and advise the applicant that if the applicant desires the matter to be presented to the city council for its consideration, the applicant shall notify the development services office within 30 days of his desire that the case be submitted to the city council for its consideration. In the event the applicant does not notify the office of development services in writing of his desire that the case be submitted to the city council for its consideration, no further action shall be taken. If such notice is given to the office of development services, the office of development services shall schedule the case for a hearing before the city council. Prior to the hearing before the city council, notice of such proposed hearing shall be published in the official newspaper of the city one time, at least 15 days prior to date of the hearing, such notice to give the time and place of the hearing, a description of the property, information as to the request made by the applicant and the recommendation of the planning and zoning commission. Prior to the hearings before the city council, the development services office shall deliver to the city council the report and recommendation of the planning and zoning commission.
(6) At the time of the hearing before the city council, the applicant and opposition shall be given an opportunity to be heard in connection with the proposed change of zoning. After both the applicant and the opposition have been heard, the public hearing will be closed. After closing of the public hearing, the city council shall make a decision as to whether or not the proposed zoning change should be made as requested, or should be made in some modified form, or whether it should be denied with or without prejudice. In the event the city council votes to grant a zoning change a written ordinance shall be prepared for submission to the city council. No zoning change shall become effective until after a written ordinance granting such change has been prepared and duly adopted by the city council, and the caption of said ordinance published in the official newspaper, as the law in such cases provides.
(7) Any zoning matter acted upon by the planning and zoning commission will not again be considered for a period of one year, except:
(a) At the request of, referral back or a denial without prejudice from the city council.
(8) Action by the planning and zoning commission shall be considered only as a recommendation that the proposed zoning change be granted or denied. Any action or recommendation made by the planning and zoning commission shall be governed by the provisions of article
1011a or
1011j of Vernon's Revised Civil Statutes and the Comprehensive Zoning Ordinance of the city.
(9) In the event a protest against such zoning change has been filed with the city secretary, duly signed by the owners of 20 percent or more either of the area included in the zoning change or of the land immediately adjoining the area covered by the proposed change and extending 200 feet from that area, such amendment shall not become effective except by a three-fourths vote of the governing body.
(10) In the event a request for zoning change to the planning and zoning commission is withdrawn following placement on the agenda thereof, said request shall be deemed disapproved and shall be so stated in the minutes.
(11) In the event a recommendation for approval is forwarded to the city council by the planning and zoning commission and said request is withdrawn after placement on the city council agenda, said request shall be deemed disapproved and shall be so stated in the minutes.
(12) In the event any request for zoning change is denied by vote of the city council or is denied by virtue of the provisions in subsections C(10) or C(11) of this section, said request shall not be resubmitted or considered by the planning and zoning commission or the city council for a period of one year. Said period shall begin to run on the date any such disapproval is entered in the minutes by the city secretary.
D. Removal.
Removal of members of the planning and zoning commission shall be in accordance with the provisions of Article
VIII, Section
8.01(2) of the City of Sachse’s Home Rule Charter.
E. Joint public hearings with city council.
In accordance with the provisions and authority of article
1011f, Revised Civil Statutes of the State of Texas, the city council of the City of Sachse, Texas, may hold any public hearing, after published notice as required by law, jointly with any public hearing which is required by law to be held by the planning and zoning commission. Provided, however, that in such a case the city council shall not take action on any such matter before the joint hearing until it has received the final report of the planning and zoning commission.
(Ordinance 182 adopted 2/26/74; Ordinance 210 adopted 12/22/75; Ordinance 296 adopted 9/14/81; Ordinance 395 adopted 9/17/84; Ordinance 1100 adopted 8/16/93; Ordinance 2032, secs. 1, 2, adopted 9/2/03; Ordinance 2188, sec. 1, adopted 12/19/05; Ordinance 2244, secs. 1, 2, adopted 10/2/06; Ordinance 3555, sec. 3, adopted 1/6/14; Ordinance 3947, sec. 1, adopted 10/7/19; Ordinance 4012, sec. 1, adopted 4/19/21; Ordinance O-2024-07 adopted 8/5/2024; Ordinance O-2025-01 adopted 1/21/2025)