Loading...
HomeMy WebLinkAboutResolution 23-14 Approving the PZ BylawsTOWN OF WESTLAKE RESOLUTION NO. 23-14 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPROVING PLANNING AND ZONING COMMISSION BYLAWS WHEREAS, The Planning and Zoning Commission is established by Section 26-67 of the Town of Westlake Code of Ordinances; and, WHEREAS, The purpose of the Planning and Zoning Commission is to act as an advisory board to the Town Council relating to all physical development, proposed changes to zoning, the platting and/or the subdividing of land in the Town; and, WHEREAS, The Town Council desires to improve the performance, efficiency and accountability of the Planning and Zoning Commission through the creation of bylaws, which provide additional conditions for meeting details and procedures, membership, ethics and conduct, attendance, etc.; and, WHEREAS, the Planning and Zoning Commission reviewed and discussed the proposed bylaws on February 13, 2023 and voted unanimously to recommend approval of the bylaws; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council of Westlake, Texas, after considering the recommendation for approval from the Planning and Zoning Commission on February 13, 2023, does hereby approve the Planning and Zoning Commission Bylaws as found in the attached document as Exhibit “A”. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. thPASSEDANDAPPROVEDONTHIS27 DAY OF FEBRUARY 2023. Resolution 23-14 Page 1of3 ATTEST: Sean Kilbride, Mayor Amy Piukana, Town Secretary APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 23-14 Page 2of 3 EXHIBITS EXHIBIT A Planning and Zoning Commission Bylaws Resolution 23-14 Page 3of3 Westlake Planning and Zoning Commission Bylaws Page 1 of 6 PLANNING AND ZONING COMMISSION BYLAWS ARTICLE I - Identification and Purpose The Planning and Zoning Commission is established by Section 26-67 of the Town of Westlake Code of Ordinances. In the event of any conflict between these bylaws and the provisions of Section 26-67, Section 26-67 shall control. The purpose of the Planning and Zoning Commission is to act as an advisory board to the Town Council relating to all physical development, proposed changes to zoning, the platting and/or the subdividing of land in the Town. ARTICLE II - Membership A. The Planning and Zoning Commission shall consist of seven (7) members, who shall be appointed by the Town Council for a two (2) year term; three (3) members shall be appointed each odd-numbered year and four (4) members shall be appointed each even- numbered year. Places on the Planning and Zoning Commission shall be numbered one (1) through seven (7). B. Members must be residents of Westlake, Texas, unless Town Council waives the residency requirement. C. Members shall serve without compensation and until their successors are appointed. D. Vacancies created by resignation, removal by vote of a majority of the Town Council, or by any other reason, shall be filled by the Town Council for the remainder of the term unless the term has six months or less, wherein the term would be filled during the annual board and commission appointment process. E. If a member of the Planning and Zoning Commission fails to maintain a seventy-five percent (75°/o) attendance record for all regularly scheduled meetings, the Recording Secretary, will notify the Town Secretary. Town Council may, at its discretion, declare a vacancy, advertise the open position, or appoint a replacement without advertising. ARTICLE III - Officers A. The officers of the Planning and Zoning Commission shall be the Chair and the Vice Chair. B. The Mayor shall appoint the Chair and Vice Chair from among the members once a year at the time of voting to reappoint expiring Commissioner terms. C. The Chair shall preside at all meetings and be a voting member. The Chair shall rule on all procedural matters, subject only to being over-ridden by the contrary vote of four (4) Planning and Zoning Commission members. D. The Chair shall call special meetings and/or work sessions as may be needed for the orderly conduct of the business of the Planning and Zoning Commission. Westlake Planning and Zoning Commission Bylaws Page 2 of 6 E. The Chair shall sign all plats approved by the Planning and Zoning Commission. F. The Vice Chair shall preside at Planning and Zoning Commission meetings in the absence of the Chair and shall fulfill all the duties of the Chair. Should the Chair resign, or that office become vacant for other reasons, the Vice Chair shall act as Chair until the appointment of a new Chair. If both the Chair and the Vice Chair are absent, the Commissioner with the longest tenure on the Commission shall act as Chair. G. The Recording Secretary for the Planning and Zoning Commission shall be a member of Town staff and shall be appointed by the Planning and Development Director. The Recording Secretary shall record the minutes of the proceedings of every meeting. ARTICLE IV - Duties and Responsibilities A. The Planning and Zoning Commission shall be responsible to, and act as an advisory body for, the Town Council and shall have and perform such additional duties as may be prescribed by ordinance. B. The Planning and Zoning Commission makes recommendations regarding the comprehensive plan for the physical development of the Town. C. The Planning and Zoning Commission recommends approval or disapproval of proposed changes to the official Zoning Map. D. The Planning and Zoning Commission exercises control over the platting or subdividing of land within the corporate limits of the Town and outside same corporate limits to the extent authorized by state law; provided, however, this grant of authority shall not limit the Town Council's right to provide that the Town Council shall have final approval of plats, as provided by state law. ARTICLE V - Meetings A. Regular meetings shall be held once per month at Town Hall, located at 1500 Solana Blvd, Building 7, Suite 7100, Westlake, TX. Meeting times may vary but should generally begin at 5:00 p.m. Regular Commission meeting dates for the upcoming calendar year are approved in the prior year by the Town Council. Regular, special, or work session meeting dates, times, and locations may be changed or cancelled as necessary. B. Public notice of meetings shall be provided in accordance with the provisions of the Texas Open Meetings Act. All 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. C. The Planning and Zoning Commission may conduct closed sessions as allowed by law, on properly noticed closed session matters, such as consultation with attorney on legal issues Westlake Planning and Zoning Commission Bylaws Page 3 of 6 raised by public hearing or action items on the agenda. A recording or certified agenda shall be made of all closed sessions of Planning and Zoning Commission meetings. D. A quorum shall consist of four (4) members. E. Meeting agendas will be posted on the Town Hall bulletin boards, and the Town's website 72 hours prior to a meeting. Meeting agenda packets will be available to the public on the Town's website 72 hours prior to a meeting. F. An agenda shall be prepared by the Recording Secretary for each meeting of the Commission. The agenda for regular meetings shall include a roll call, the pledge of allegiance (National and Texas), citizen comments, approval of minutes, development updates, and adjournment. Meetings should also include one or more of the following: platting requests, zoning requests, comprehensive plan updates, regulatory text amendments, and such other matters as may be within the jurisdiction of the Commission. G. The Chair shall secure from staff all such materials and analyses as may be useful to the Planning and Zoning Commission in considering any matter before it. H. Any person seeking a change in zoning or presenting any other matter to the Planning and Zoning Commission shall appear before the Planning and Zoning Commission in person, by agent, or by attorney. ARTICLE VI - Conduct of Meetings A. Meetings shall not begin earlier than the posted meeting time. B. Roll Call: The meeting shall begin with the Chair announcing in a clear and audible voice that the meeting of the Planning and Zoning Commission is hereby called to order and shall announce the specific time that the meeting is called to order. The Chair shall then call the roll by naming each Commissioner individually, with the Commissioner whose name is called responding with an audible affirmation of attendance. C. Citizen Comments: This is an opportunity for citizens to address the Planning and Zoning Commission on any matter, whether or not it is posted on the agenda. Individual citizen comments should be limited to three (3) minutes; however, time limits can be adjusted by the Chair. The Chair may ask the citizen to hold their comments on any agenda item if the item is posted as a Public Hearing. The Planning and Zoning Commission shall not take action nor have any discussion or deliberations on any presentation made at this time concerning an item not listed on the agenda. Prior to speaking, each speaker shall complete a speaker form provided by Town staff near the entrance of the meeting room. The completed form must be submitted to the recording secretary. D. Action Items: Westlake Planning and Zoning Commission Bylaws Page 4 of 6 1. The Chair shall call for each application or proposal. The Chair shall read the public notice and request staff to present the facts on the application or proposal. The Chair will subsequently open a public hearing (if applicable). 2. The applicant and any experts, invited by the applicant, of said application shall have up to 20 minutes to present their case for adoption of their application. If necessary, the Planning and Zoning Commission Chair may allow for an extension of time. In addition, the Planning and Zoning Commission may ask the applicant and/or experts questions during the presentation. 3. The Chair shall open the public hearing (if applicable) and the Planning and Zoning Commission shall hear other interested parties, individually and separately. The Chair shall note the specific time that the public hearing is opened. Each person shall be allowed no more than five (5) minutes to address the Planning and Zoning Commission; however, the Planning and Zoning Commission Chair may recommend that the Planning and Zoning Commission allow an extension of that time. No questions nor debate shall be permitted during the public hearing. All speakers shall state their name and address. Prior to speaking, each speaker shall complete a speaker form provided by Town staff near the entrance of the meeting room. The completed form must be submitted to the recording secretary. 4. The public hearing shall then be closed by the Chair; after which, the applicant or other speakers in attendance may NOT present additional testimony unless the public hearing is reopened by the Planning and Zoning Commission Chair. The Chair shall note the specific time that the public hearing is closed. 5. As a general rule, the applicant shall be permitted up to a five (5) minute rebuttal; however, the Planning and Zoning Commission Chair may recommend that the Planning and Zoning Commission allow an extension of that time. 6. The Planning and Zoning Commission may direct questions to the applicant, proponents, opponents, or staff, following the rebuttal. 7. The Chair may request a recommendation from staff or call for a vote. E. Adjournment: At the conclusion of the meeting, the Chair shall have the authority to adjourn the meeting. Upon adjournment, the Chair shall clearly and audibly announce that the meeting is adjourned and shall note the specific time of adjournment. F. Robert's Rules of Order, latest revision, shall be the Commission's final authority on all questions of procedure and parliamentary law not covered by these bylaws. ARTICLE VII - Voting Procedure Westlake Planning and Zoning Commission Bylaws Page 5 of 6 A. To call a measure for vote requires a motion being made and the same motion being seconded. Once made and seconded, debate shall follow. Once made and seconded, a motion can only be disposed of by a vote of the Planning and Zoning Commission, unless both the movant and the second agree to either revise or withdraw the motion. B. When the question is put to a vote, the Chair shall call the roll with each member answering "Aye," or "Nay" or "Not Voting". An affirmative vote by the majority of the Commissioners present is required to take any action. Any member of the Planning and Zoning Commission "Not Voting" shall give a statement of their reason for not voting. On completion of the roll call, the Chair shall announce the results and the effect of the motion. C. In the event of a tie vote, the item shall be forwarded to the Town Council with the voting record reflecting the tie vote with the Commission being deadlocked on the recommendation. In the event that the Commission has the authority to deliver final action on the item and is not recommending the item for future Council action, then the Commission shall alter the conditions related to the item in order to achieve a majority vote or vote to table the item to a future meeting where the full Commission may be present. D. The Planning and Zoning Commission members shall not leave the meeting table to discuss pending matters with members of the audience, nor shall members of the audience discuss matters with individual Planning and Zoning Commission members during the meeting. ARTICLE VIII - Conflicts of Interest and Ethics A. The Planning and Zoning Commission shall comply will all applicable conflict of interest laws. B. Conflicts of interest involving requests before the Commission shall include, but are not limited, to the following: 1. Substantial interest in the property under consideration and/or the business entity requesting the item under consideration if: (a) the Commissioner owns 10 percent or more of the voting stock or shares of the business entity or owns either 10 percent or more or $15,000 or more of the fair market value of the business entity; or (b) funds received by the Commissioner from the business entity exceed 10 percent of the Commissioner's gross income for the previous year. (c) A Commissioner has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500 or more. (d) A Commissioner is also considered to have a substantial interest if a person related to the Commissioner in the first degree by consanguinity or affinity, as determined under Chapter 573, Texas Local Government Code, has a substantial interest. Westlake Planning and Zoning Commission Bylaws Page 6 of 6 2. The Commissioner owns, or has substantial interest in, real property located within 200 feet of property under consideration for a zoning change and/or amendment. C. Commissioners shall notify the Planning and Development Director as soon as possible once a potential conflict of interest is identified regarding an item on the Planning and Zoning Commission meeting agenda. The Director shall then notify the Town Attorney of the potential conflict of interest. D. Unless advised otherwise by the Town Attorney, when a conflict of interest exists, the Commissioner shall complete a conflict-of-interest affidavit provided by the Town Attorney and recuse themselves from the meeting during the specific agenda item involving the conflict of interest (including the presentation, discussion, consideration and vote of the item). Recusal includes leaving the room where the actual meeting is occurring. E. Commissioners shall refrain from discussing Planning and Zoning Commission business with other Commissioners outside of legally posted meetings of the Planning and Zoning Commission. F. Commissioners shall refrain from any activity or action that may hinder one’s ability to be objective and impartial on any matter coming before the Commission and shall not seek nor accept gifts or special favors. G. Training: Commissioners shall complete all mandated training as soon as possible upon appointment. Given the technical and complex nature of topics that come before the Commission, Commissioners are also encouraged to regularly seek training opportunities when they are able. Training may include topics such as planning, development, regulation of land use, legal primers, governance, community engagement, etc. Town staff shall also forward and facilitate training opportunities for the Commission including reimbursement of costs when feasible. ARTICLE IX - Amendments A. The Planning and Zoning Commission may recommend amendments to these bylaws by a majority vote. Upon approval, such recommendation shall be forwarded to the Town Council for final consideration. B. These bylaws may be amended by a majority vote of the Town Council at any regular meeting, with or without the recommendation of the Planning and Zoning Commission.