HomeMy WebLinkAboutItem 02 - Roles and Responsibilities
10/22/2021 P&ZRole of the Effective Meetings•Other Legal Considerations•Public Hearings•InfluenceConflicts and Improper •Sunshine Laws•P&ZRole of the •Topics for the Eve October 25,
2021 Planning and Zoning WorkshopCity of Grapevine 1
10/22/2021.requirementsotherandschools,sewers,transportation,ofprovisionadequatethefacilitate7)or;populationofconcentrationundueavoid6);landofovercrowdingtheprevent5);airandlightadequateprovide4);wel
faregeneraltheandpromote3);dangersotherandfire,from2);streetstheincongestion1):todesignedbemustandplancomprehensiveawithaccordanceinadoptedbemustregulations(a)Section 211.004 Zoning
Ordinance Considerations.commissionzoningtheofreportfinalthereceivesituntilmattertheonactionnotmaygoverningthe…bodygoverningthetoreportasubmittingbeforereportthatonhearingspublicholdandreportprelimi
naryamakecommissionzoningThe.(b)007.211.Sec•BodyAdvisory•relative to zoning? Commission’s Role P&ZWhat is the )Zschapter 395 (for some P & Capital Improvement Advisory Committee •of
the Texas Local Government CodeChanges to Comprehensive Plan Chapter 213 •Government Code;Chapter 212 of the Texas Local –Platting •Government Code;chapter 211 of the Texas Local –Zoning
•Planning and Zoning Duties 2
10/22/2021 Restaurant (drive through, mixed beverage)–Gas station–Daycare–Package store–Gas well–Specific Use Permit•Planned Unit Development•conditionscannot place additional –Straight
zoning •Types of Zoning Cases(no waiting period)prejudice of the request without Disapproval •year waiting period before reconsideration)-prejudice (oneof the request with isapproval
D•conditionsof the request subject to certain pproval A•applicantsubmitted by the approval of the request as it was Recommend •Actions to Take (Zoning)change that complies with the
comprehensive to approve a zoning requiredQ: Are you •decisions. It does not provide any entitlements.related -serves as a guide to future zoningThe comprehensive plan IS NOT zoning.
It •the comprehensive.accordance with Zoning regulations must be adopted in •Compliance with Comprehensive Plan 3
10/22/2021 Sunshine Laws.landof (4) the number of residential units that can be built per acre •;square footagerestriction on the ratio of building floor space to the land particular
tract of land, including without limitation any (3) the size of a building that can be constructed on a •;particular tract of land(2) the bulk, height, or number of buildings constructed
on a •;industrial, residential, or other purposes(1) the use of any building or property for business, •:extraterritorial jurisdiction a municipality shall not regulateotherwise authorized
by state law, in its Unless •212.003 LGC-Plats in the ETJ s the applicant asking for a variance?iOr, –regulations?Does it comply with all other development –Development Code?Does it
comply with Land –Does it comply with the Subdivision Ordinance?–Only relevant questions:•Ministerial standard of review•Subdivision of property and dedications•Plats 4
10/22/2021 Conflicts and Improper Influence Avoid: meeting in groups of more than 3•meeting with other commissionersAvoid: discussing agenda items outside of •membersa quorum of communication
among equential s-Avoid: “Walking Quorums” •Avoiding Open Meetings Violations Chapter 211 LGC-Public hearing requirements•Public Information Act•commission may be determined voidViolation=
Criminal act (actual or subversion); action by •Posted 72 hours in advance•eeting AgendaM•= quorum of members + deliberationsMeeting•Every “Meeting” shall be open to the public (few
exceptions)•Basics of the Act–551.005)§Training required (Gov’t. Code –Open Meetings Act•Sunshine Laws 5
10/22/2021Deliberate Second Motion •Questions and Answers•Chair closes the public hearing•no rule, that is not required. Applicant may respondspeak first and those in opposition speak
second. If there is for example, those in support -of procedures to audience Chair opens the public hearing and may provide a summary •Applicant may speak•Staff provides a summary•Chair
announces item•Typical Process Public HearingsPublic Hearings Solicit, accept, or agree to accept any benefit–Offer, confer, or agree to confer any special benefit–Chapter 36 Penal
Code•Special economic effect–Real Property ($2,500)•Business entity (10%, $15,000, 10%)•Substantial interest–Chapter 171 Local Government Code•Conflicts and Improper Influence 6
10/22/2021 Fair Housing Act…•cell towers)–Special federal and state laws (for example •Due process (procedural and substantive)•Takings•approved by operation of lawmay deemed –Time limits
(especially plats) •Legal ConsiderationsOther Legal Considerations Comprehensive plan–diagramsany nderstanding U–Noise–Traffic circulation–Neighborhood adjacency–Compatibility–Suitability–Land
use–Best Questions and Discussion Topics 7
10/22/2021 Either way–Coin flip–Arbitrary and capricious•A question that creates confusion or delay.•A question that has already been asked;•topic that is outside of planning and zoning;A
question that promotes discussion about a •)contgood questions (so -Not What kind of people will live there?–Demographics–Price point–Bad questions:•fundamental right.A question that
would indicate a willingness to impair a •want property to remain undeveloped (takings)A question or comment that would indicate that you •A question or comment that would indicate
unfair bias•Anything that would evidence an illegal intent;•good questions-so-Not violates the FHAdisproportionately adverse effect on a protected class An ordinance or practice that
has a –Disparate –.classprotectedtheonpositiveahavetointendedwasstatutetheifeven-FHAtheviolatesfaceitsonclassprotectedaagainstdiscriminatoryisthatpracticeorordinanceAn-DiscriminationIntentional–.”fa
milial status, or national originany person because of race, color, religion, sex, otherwise make unavailable or deny a dwelling to to refuse to sell or rent . . . or Illegal to “…•Fair
Housing Act 8
10/22/2021 they are here to help you–Listen to staff •insulting, you shouldn’t beeven if people are –Take the high road •Don’t try to make a speaker look foolish•Don’t discuss the case
privately•Effective Meetings Receiving Public Comments•Listening with an Open Mind•Respect & Decorum•Role of Chairperson•Explain the process •Notify the public •Be prepared•Effective
meetingsEffective Meetings 9
10/22/2021 Questions?planning and zoning processquestion or comment contributes to the Before comments, ask yourself how your •Stay on topic•Effective meetings 10