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HomeMy WebLinkAboutORD 2019-55 - HB 3167 P&Z UpdateOrdinance No. 07,011\_55 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ("CITY") AMENDING CHAPTER 2.48 OF THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN ENTITLED "PLANNING AND ZONING COMMISSION" ("COMMISSION") RELATING TO COMMISSION MEMBERSHIP, MEETINGS, RULES, AND PROCEDURES; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, House Bill 3167, enacted by the Texas Legislature on May 21, 2019 and signed into law by the Governor on June 14, 2019, requires the municipal authority responsible for approving plats to approve, approve with conditions, or disapprove a subdivision plan, subdivision construction plan, site plan, land development application, site development plan, preliminary plat, general plan, final plat, or replat within 30 days of the date the application is filed, beginning September 1, 2019; and WHEREAS, House Bill 3167 requires the municipal authority responsible for approving plats to issue a written statement that sets forth the conditions of a conditional approval or reasons for a denial, to which the applicant may submit a response that purports to address said conditions or reasons, and the municipal authority must approve, approve with conditions, or disapprove the application within 15 days of the date the response is filed; and WHEREAS, the Planning and Zoning Commission (the "Commission") is the municipal authority responsible for approving plats within the city limits or the ETJ of the City; and WHEREAS, site development plans, subdivision construction plans, and other land development applications that are not plats currently only require administrative approval under the City's Unified Development Code ("UDC"); and WHEREAS, the City strives to provide comments on all complete development applications within four weeks of submittal, a metric attained 90% of the time in 2018, and comments on all resubmissions within two weeks of resubmittal, a metric also attained 90% of the time in 2018; and WHEREAS, House Bill 3167's requirement that the Commission must approve, conditionally approve, or deny all plats, plans, and other land development applications Ordinance Number: 01 Page 1 of 3 Description: 10 3167 P&Z Ordinance Date Approved .��hg A 2019 would have required the Commission to have acted upon over 500 additional applications in 2018; and WHEREAS, in order to bring all plats, plans, and other development applications to the Commission for final action within 30 days of the date the application is filed, as well as all resubmissions to the Commission within 15 days of the date the response is filed, the City will be required to increase the number of Alternate Members and the frequency of Commission meetings; and WHEREAS, in recognition of the increased Commission workload required to comply with House Bill 3167, the City intends to amend the Commission's attendance requirements in order to encourage participation; and WHEREAS, the Purpose of the Commission as set forth in Chapter 2.48 of the Code of Ordinances must be amended to reflect these additional responsibilities; and WHEREAS, the membership, meetings, rules, and procedures of the Commission must be amended in order to ensure the Commission complies with these expedited review timelines; and WHEREAS, the City Council finds it necessary to amend Chapter 2.48 of the Code of Ordinances of the City of Georgetown in order to comply with House Bill 3167 as set out herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: Section 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. Section 2. Chapter 2.48 of the Code of Ordinances is amended as shown in Exhibit A attached hereto. Section 3. All ordinances or resolutions that are in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other ordinances or resolutions of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. If any provision of this ordinance, or application thereof, to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Ordinance Number: d Page 2 of 3 Description: HB 3167 P&7 Ordinance Date Approved:��12019 Section 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in accordance with the provisions of the City Charter of the City of Georgetown. Section 6. The meeting at which this ordinance was approved was in all things conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED AND APPROVED on First Reading on the 'ZN—of rt' , 2019. PASSED AND APPROVED on Second Reading on the Lo&- of �, 2019. ATTEST: Robyn D nsmore, City Secretary APPROVED AS TO FORM: THE CITY OF GEORGETOWN Dale Ross, Mayor Ordinance Number: O Page 3 of 3 Description: HB 3167 P&Z Ordinance Date Approved: � 2019 Exhibit A CHAPTER 2.48. - PLANNING AND ZONING COMMISSION Sec. 2.48.010. - Created; membership; qualifications. A. There is created the "Planning and Zoning Commission" of the City of Georgetown (the "Commission"). This Chapter supplements the provisions of Code of Ordinances Chapter 2.36 JCity Commissions, Committees, and Boardsl. B. The Commission is composed of seven members. The Commission shall be broadly representative as a whole, and whenever possible, members shall be drawn from different residential areas, different racial and ethnic groups, different occupations and professions, and different interest groups. The members may also be members of the Zoning Board of Adjustment. The members of the Commission shall be appointed in accordance with the City Charter. C. The City Council shall appoint two -five persons who would be qualified to serve on the Commission as Alternate Members. Ater-nate- embers shall sevve antes �wit�-vats grw+le�s-fe y a�sael-Mel��l - -ao#a ira�}i +d al appeir�te� s An A temate-I�e~ sh811-tie t3yair ed-as a+t AUernate Merraber 1 or Alternate � �F7-, n*d-cn`sc Gh-snhaH rotate ar the Alternate sefying as a Gernmissioner-when-weeded--Alternate Members are required to attend Commission meetings, In the event that a Member is absent from a meeting, an Alternate Member shall serve as a Member for that meeting. Subject to the conflict of interest provisions set forth in the Code of Ordinances Chapter 2.20 (Ethics)_ and Code of Ordinances Chapter 2.36 (City Commissions. Committees, and Boards), the Alternate Members shall rotate as the next Alternate Member eligible to serve as a Member when needed. Alternate Members shall be eligible to be appointed to the position of Con 4N&s r,er Member upon the expiration of the term of a regular Commissioner Member or upon the creation of a vacancy on the Commission. D. All of the seven Mn}embers and the A Iternate -: -Members shall reside in the corporate City limits or the extraterritorial jurisdiction of the City. Sec. 2.48.020. - Purpose. The Commission has the power and it shall be its duty: A. To make appropriate surveys, investigations, reports and recommendations relating to community planning and development to the City Council; B. To make plans and maps of the whole or any part or portion of the City and of land outside the City located within five miles of the City limits and any other land outside the City, which, in the opinion of the commission, bears a relation to the planning of the City and to make changes in, additions to and extensions of such plans or maps when it deems the same advisable; C. To act with and assist all other municipal and governmental agencies, and particularly the City Council, in formulating and executing proper plans for municipal development and growth; D. To recommend to the City Council the passage of such ordinances as it may deem necessary to carry out its program; E. To recommend to the City Council the adoption of a comprehensive community plan for the guidance and control of the future development of the community; F. To make studies and recommend to the City Council plans for clearing the City of slums and blighted areas; G. To aid and assist the City Council in the annual preparation of a long range capital improvement budget, and determination of sources of funds therefor; H. To perform such other duties as may be prescribed by ordinance or State law; I. To function as the City zoning commission and exercise all of those powers and duties permitted by Chapters 211 of the Local Government Code, the City Charter and City ordinances, as each may be amended from time to time; and J. To function as the municipal authority responsible for approving olats and exercise all of those Powers —and duties permitted or required by Chapter 212 of the Local Government Code the City Charter, and City ordinances, as each. may be amended from time to time. Secs. 2A8.030-2:48-Q4. - ResefAiedMeetings. Notwithstandinq Code of Ordinances Chapter 2.36 (City Commissions, Committees, and Boards), the Commission shall meet at least twice per month. Sec. 2.48.040. — Attendance. Notwithstanding Code of Ordinances Chapter 2.36 (City Commissions. Committees. and Boards), Members shall be required to attend a minimum of 50 percent of each regularly scheduled meeting, including subcommittee meetings. Sec. 2.48.050. - Rules. The Commission has the power to make rules, regulations and bylaws for its own government to the extent provided for in Chapters 211 and 212 of the Local Government Code. These rules and regulations shall conform as nearly as possible with those governing the City Council and shall be subject to approval by the City Council. Sec. 2.48.060. - Reserved.