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HomeMy WebLinkAboutP&Z Bylaws 04.26.2022CITY OF GEORGETOWN PLANNING AND ZONING COMMISSION BYLAWS ARTICLE I. NAME AND PURPOSE Section 1.1. Name. Planning and Zoning Commission ("Commission"). Section 1.2. Purpose. a. The Commission is established to exercise the powers and duties of a zoning commission as permitted by law, including Local Government Code Chapters 211 and 212, the City Charter, the City Unified Development Code, and the City Code of Ordinances, as each may be amended. See Ordinance Chapter 2.48. b. The Commission has the power, and its duties include: 1. making appropriate surveys, investigations, reports and recommendations relating to community planning and development to the City Council; 2. making 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 making changes in, additions to and extensions of such plans or maps when it deems the same advisable; 3. acting with and assisting all other municipal and governmental agencies, and particularly the City Council, in formulating and executing proper plans for municipal development and growth; 4. recommending to the City Council the passage of such ordinances as it may deem necessary to carry out its program; 5. recommending to the City Council the adoption of a comprehensive community plan for the guidance and control of the future development of the community; 6. making studies and recommending to the City Council plans for clearing the City of slums and blighted areas; and Planning and Zoning Commission Bylaws Updated 04/26/2022 Page 1 of 8 7. aiding and assisting the City Council in the annual preparation of a long range capital improvement budget and determining sources of funds; and 8. performing such other duties as may be prescribed by ordinance or State law; 9. functioning as the City zoning commission and exercising all of those powers and duties permitted by Chapter 211 of the Local Government Code, the City Charter, and City ordinances, as each may be amended from time to time; and 10. functioning as the municipal authority responsible for approving plats and exercising 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. ARTICLE II. MEMBERSHIP Section 2.1. Number of Members. The Commission will be composed of Members as set forth in Ordinance Chapter 2.48. Section 2.2. Eligibility. All of the Members shall be registered voters in the City of Georgetown and must have resided within the City limits for at least one year prior to their appointment. 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. Section 2.3. Appointment of Commission Members and Alternate Members. a. Members of the Commission shall be appointed pursuant to and in accordance with the City Charter. b. The City Council shall appoint persons who would be qualified to serve on the Commission as Alternate Members. Alternate Members are required to attend Commission meetings pursuant to Section 4.9 below Alternate Members shall serve as alternates with voting privileges for any absent member. Subject to the conflict of interest provisions set forth in the City's Ethics Ordinance Chapter 2.20 and the City Commissions, Committees and Boards Ordinance Planning and Zoning Commission Bylaws Updated 04/26/2022 Page 2 of 8 Chapter 2.36, 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 Member upon the expiration of the term of a regular Member or upon the creation of a vacancy on the Commission. Section 2.4. Terms of Office. Generally, terms of office for each Member shall be two 2) years. Generally, a Member may serve two (2) consecutive terms. Refer to Ordinance Section 2.36.030A for additional provisions regarding terms of office. Section 2.5. Vacancies. Vacancies that occur during a term shall be filled as soon as reasonably possible and in the same manner as an appointment in accordance with the City Charter. If possible, the Member shall continue to serve until the vacancy is filled. An appointment to fill a vacated term is not included as a term for purposes of counting consecutive terms. Section 2.6. Expenditure of Funds. Compensation for Members and Alternate Members, if any, shall be as set forth in Ordinance Chapter 2.48. The Commission and its Members have no authority to expend funds or to incur or make an obligation on behalf of the City unless authorized and approved by the City Council. Members may be reimbursed for expenses authorized and approved by the City Council and the Commission. Section 2.7. Compliance with City Policy. Members and Alternate Members will comply with City Ordinances, Rules and Policies applicable to the Commission and the Members, including but not limited to Ethics Ordinance Chapter 2.20 and City Commissions, Committees and Boards Ordinance Chapter 2.36. Section 2.8. Removal. Any Member may be removed from their position on the Commission for any reason, or for no reason, by a majority vote of the City Council. ARTICLE III. COMMISSION OFFICERS Section 3.1.Officers. The Board Officers are Chair, Vice -Chair and Secretary. The Chair is recommended by the Mayor and the City Council shall approve the recommendation by a vote of the majority of the Council during the annual appointment process. Should the Mayor fail to recommend a Chair for each board, committee, or commission, and/or the Council fails to approve any Chair recommended by the Mayor, a majority of the Council plus one may approve appointment of a Chair to serve as Chair without a recommendation of the Mayor. The other Board Officers are Planning and Zoning Commission Bylaws Updated 04/26/2022 Page 3 of 8 elected by a majority vote of the Members at the first meeting after the annual appointment process. Section 3.2. Terms of Office for Commission Officers. Commission Officers serve for a term of one year. In the event of vacancy in the office of Chair, the Vice -Chair shall serve as Chair until the City Council appoints a replacement Chair. A vacancy in the other offices shall be elected by majority vote of the Members at the next regularly scheduled meeting, or as soon as reasonably practical for the unexpired term. If possible, a Commission Officer shall continue to serve until the vacancy is filled. Section 3.3. Duties. a. The Chair presides at Commission meetings. The Chair shall generally manage the business of the Commission. The Chair shall perform the duties delegated to the Chair by the Commission. b. The Vice -Chair shall perform the duties delegated to the Vice -Chair by the Commission. The Vice -Chair presides at Commission meetings in the Chair's absence. The Vice -Chair shall perform the duties of the Chair in the Chair's absence or disability. c. The Secretary shall perform the duties delegated to the Secretary by the Commission. ARTICLE IV. MEETINGS Section 4.1. Time and Date of Regular Meeting. The Commission shall meet at least twice per month on the same weeks of the month, the same day of the week, at the same time, and at the same place. The regular date, time and place of the Commission meeting will be decided by the Members at the first meeting of the Commission after the annual appointment process. One additional meeting per month may be called with consent of the Commission and at the direction of the Planning Director, as needed. Section 4.2. Agenda. Items may be placed on the agenda by the Chair, the City Manager or designee, or at the request of a Member. The party (or individual) requesting the agenda item will be responsible for preparing an agenda item cover sheet and for the initial presentation at the meeting. Items included on the agenda must be submitted to the Staff Liaison no later than one week before the Commission meeting Planning and Zoning Commission Bylaws Updated 04/26/2022 Page 4 of 8 at which the agenda item will be considered. Agenda packets for regular meetings will be provided to the Members in advance of the scheduled Commission meeting. Agenda packets will contain the posted agenda, agenda item cover sheets, and written minutes of the last meeting. Section 4.3. Special Meetings. Special meetings may be called by the Chair or by request of three (3) Members. Section 4.4. Quorum. A quorum shall consist of a majority of the Members. A quorum is required for the Commission to convene a meeting and to conduct business at a meeting. Section 4.5. Call to Order. Commission meetings will be called to order by the Chair or, if absent, by the Vice -Chair. In the absence of both the Chair and Vice -Chair, the meeting shall be called to order by the Secretary, and a temporary Chair shall be elected to preside over the meeting. Section 4.6. Conduct of Meeting. Commission meetings will be conducted in accordance with these Bylaws and City Council Meeting Rules and Procedures, as applicable to the Commission. See Ordinance Chapter 2.24. Section 4.7. Voting. Each Member shall vote on all agenda items, except on matters involving a conflict of interest, substantial financial interest or substantial economic interest under state law, the City's Ethics Ordinance, or other applicable Laws, Rules and Policies. In such instances the Member shall make the required disclosures and shall refrain from participating in both the discussion and vote on the matter. The Member may remain at the dais or leave the dais, at the Member's option, while the matter is being considered and voted on by the other Commission Members. Unless otherwise provided by law, if a quorum is present, an agenda item must be approved by a majority of the Commission Members present at the meeting. Section 4.8. Minutes. A recording or written minutes shall be made of all open sessions of Commission meetings. The Staff Liaison is the custodian of all Commission records and documents. Section 4.9. Attendance. Members and Alternate Members are required to attend Commission meetings prepared to discuss the issues on the agenda. A Member shall notify the Chair and the Staff Liaison if the Member is unable to attend a meeting. Planning and Zoning commission Bylaws Updated 04/26/2022 Page 5 of 8 Excessive absenteeism will be subject to action under Council policy and may result in the Member being replaced on the Commission. Excessive absenteeism means failure to attend the minimum number of regularly scheduled meetings, including Commission meetings and Subcommittee meetings, as set forth in Ordinance Chapter 2.48. If a Member is removed from the Commission that position shall be considered vacant and a new Member shall be appointed to the Commission in accordance with Section 2.5 above. Section 4.10. Public Participation. In accordance with City policy, the public is welcome and invited to attend Commission meetings and to speak on any item on the agenda. A person wishing to address the Commission must sign up to speak in accordance with the policy of the Council concerning participation and general public comment at public meetings. Sign-up sheets will be available and should be submitted to the Chair prior to the start of the meeting. If any written materials are to be provided to the Commission, a copy shall also be provided to the Staff Liaison for inclusion in the minutes of the meeting. Speakers shall be allowed a maximum of three minutes to speak, but may take up to six minutes if another individual who signs up to speak yields the time to the speaker; provided however, if more than twenty speakers sign up to speak on an agenda item, each member of the public shall be allowed a maximum of two minutes to speak but may have up to a maximum of four minutes, if another individual who has signed up to speak and is present at the meeting yields his or her time to that speaker. If a person wishes to speak on an issue that is not posted on the agenda, he or she must file a written request with the Staff Liaison no later than one week before the scheduled meeting. The written request must state the specific topic to be addressed and include sufficient information to inform the Commission and the public. A person who disrupts the meeting may be asked to leave and be removed. Section 4.11. Open Meetings. Public notice of Commission meetings shall be provided in accordance with the provisions of the Texas Open Meetings Act. All Commission meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. Section 4.12. Closed Sessions. The Commission may conduct closed sessions as allowed by law, on properly noticed closed session matters, such as consultation with attorney on legal matters, deliberation regarding the value of real property, competitive utility matters, and economic development negotiations. A recording or certified agenda shall be made of all closed sessions of Commission meetings. Planning and Zoning Commission Bylaws Updated 04/26/2022 Page 6 of 8 Section 4.13. Approval of Plans and Plats. a. In accordance with Chapter 212 of the Local Government Code, the Commission shall approve, approve with conditions, or deny a plan or plat within 30 days after the date the plat is filed. If a plan or plat is approved, the Chair shall endorse, and the Secretary shall attest, the plan or plat with a certificate indicating the approval. If a plan or plat is conditionally approved or denied, the Commission shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval that clearly articulates each specific condition for the conditional approval or reason for the disapproval. The Staff Liaison shall prepare the written statement, which shall be endorsed by the Chair and attested by the Secretary, as soon as practicable after the conditional approval or denial of the plan or plat. b. In accordance with Chapter 212 of the Local Government Code, the Commission shall approve, approve with conditions, or deny a plan or plat within 15 days after the date the applicant submits to the Commission a written response that purports to satisfy each condition for the conditional approval or remedy each reason for disapproval previously provided by the Commission. If a plan or plat is approved, the Chair shall endorse, and the Secretary shall attest, the plan or plat with a certificate indicating the approval. If a plan or plat is conditionally approved or denied, the Commission shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval that clearly articulates each specific condition for the conditional approval or reason for the disapproval. The Staff Liaison shall prepare the written statement, which shall be endorsed by the Chair and attested by the Secretary, as soon as practicable after the conditional approval or denial of the plan or plat. ARTICLE V. REPORTS TO CITY COUNCIL The Commission shall meet with City Council, as requested, to determine how the Commission may best serve and assist City Council. City Council shall hear reports from the Commission at regularly scheduled Council meetings. ARTICLE VI. SUBCOMMITTEES Section 6.1. Formation. When deemed necessary by a majority of the Commission, Subcommittees may be formed for specific projects related to Commission matters. Planning and Zoning Commission Bylaws Updated 04/26/2022 Page 7 of 8 Subcommittees comprised of non -Members may only be formed with the prior consent and confirmation of the City Council. Section 6.2. Expenditure of Funds. No Subcommittee, or member of a Subcommittee, has the authority to expend funds or incur an obligation on behalf of the City or the Commission. Subcommittee expenses may be reimbursed if authorized and approved by the Commission or by City Council. Section 6.3. Open Meetings. Subcommittee meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. ARTICLE VII. BYLAW AMENDMENTS These Bylaws may be amended by majority vote of the Commission Members at any regular meeting of the Commission. The Commission's proposed amendments to the Bylaws must be approved by City Council at the next Council meeting after the Commission's approval. Bylaw amendments are not effective until approved by City Council. Planning and Zoning Commission Bylaws Updated 04/26/2022 Page 8 of 8