Agenda

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12.

City Council Regular Meeting

Meeting Date:

09/03/2019

BACKGROUND

Staff is proposing changes to the Planning and Zoning Commission by-laws due to the approval of House Bill 3167 in this year's Texas Legislative Session. Specifically staff is proposing to insert language requiring a Commission member who makes a motion to conditionally approve, deny, recommend conditional approval or recommend denial of an agenda item to provide the reasons for the conditional approval or denial with the motion. Additionally, a citation to the law, ordinance or regulation must also be provided when the motion pertains to a master development plan, plat, or site plan application.

Staff is also proposing a change to prohibit abstention votes unless there is a legal obligation such as a conflict of interest. The rationale for this is two-fold. First, all members of the Commission are duty bound to consider and act on all items presented before them unless there is a legal obligation not to (such as a conflict of interest). Second, because the changes from HB 3167 require that a written statement be provided of the conditions for the conditional approval or reasons for the denial that clearly articulates each specific condition or reason and includes a citation to the law, ordinance or regulation that is the basis for the conditional approval or denial for master development plans, plats and site plans.

The by-laws currently count a "no legal obligation" abstention vote as a "no" vote. Without adopting the proposed changes it is possible to deny a master development plan, plat, or site plan without a justification, which would be a violation of state law. Additionally, it is possible to have a motion for approval fail due to "no legal obligation" abstention votes.

GOAL

To approve the proposed amendments to the Planning and Zoning Commission bylaws.

COMMUNITY BENEFIT

The proposed amendments are in line with proposed Ordinance 19-S-22 which will ensure the City is in compliance with recent house bill adoptions. The proposed amendments to the Planning and Zoning Commission bylaws will ensure that appropriate action is taken by the Planning and Zoning Commission which will ensure that cases are heard appropriately in conjunction with the house bill requirements.

SUMMARY OF RECOMMENDED ACTION

To approve the proposed amendments to the Planning and Zoning Commission bylaws.

FISCAL IMPACT

None.

RECOMMENDATION

At the August 28, 2019 Planning and Zoning Commission there was a lengthy discussion between the Commissioners and staff in relation to the motion procedures within the proposed bylaws which are not proposed to be amended with Resolution 19-R-113. Due to the time sensitivity of the staff proposed amendments and there direct corelation to Ordinance 19-S-22, the proposed UDC amendments due to House Bill 3167 approval, the Planning and Zoning Commission offered a unanimous recommendation of approval to the City Council. Staff will work with the Planning and Zoning Commissioners in upcoming meetings to discuss any other potential modifications they would like to the by-laws. However, at this time the proposed bylaw amendments are needed in order to ensure compliance with the house bill.

Staff recommends approval of Resolution 19-R-113 as presented.

Attachments
19-R-113
Resolution 19-R-113 Exhibit A: ByLaws