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HomeMy WebLinkAboutItem 05 - PZ Bylaws MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, PLANNING SERVICES DIRECTOR MEETING DATE: NOVEMBER 27, 2023, JOINT WORKSHOP SUBJECT: AMENDMENTS TO CHAPTER 19, PLANNING AND ZONING COMMISSION OF THE CITY OF GRAPEVINE CODE OF ORDINANCES - PLANNING AND ZONING COMMISSION BYLAWS BACKGROUND: The Planning and Zoning Commission (Commission) Chair formed a subcommittee at the Commission's workshop on August 1 and discussed amending the Commission's Bylaws which are the written rules that outline the group's purpose, requirements for membership, officers, responsibilities, etc. The last update to the Commission's Bylaws occurred in 1999. Three subcommittee meetings followed on August 30, October 18, and November 8. The Commission's Bylaws are Chapter 19, Planning and Zoning Commission of the City of Grapevine code of ordinances and outside of Appendix D, Zoning Ordinance. The Commission considered the attached amendments to their Bylaws at their special meeting on November 21. Their edits and comments are not reflected in the attached comparison table but will be addressed during the presentation portion of the joint workshop. AM23-03 1 November 27, 2023—Joint Workshop DRAFT Section 19, Planning of the Code of Ordinances Article II, Planning and Zoning Commission Division 1, Generally Current Proposed Changes Summary of Changes Sec. 19-21. Created; appointment of Sec. 19-21. Created; appointment of members; • Capitalization for consistency members; terms. terms. . Added "first and second" alternates • Relocated remainder of subsection to There is hereby created and established There is hereby created and established for the eCity a new Sec. 19-23 (formerly 19-33) for the city a planning and zoning lanning and zoning ommission, which shall be . Spell-out Planning and Zoning commission, which shall be composed of composed of a seven (7) members and two LGI I IQIG Commission a seven (7) members and two (2) (2), (first and second) alternate members. alternate members. The members shall be resident citizens and qualified voters of the City, all of whom shall be appointed by the City council to serve for terms of three (3) years, with the exception of the alternate members who shall serve for one (1) year terms. All vacancies shall be filled for the unexpired term in the same manner as provided for the original appointments. All the same manner as provided for the original appointments. All expired terms shall be filled for terms as provided for the original appointments and in the same manner. Members of the commission may be removed by the City Council. The members of the Commission shall serve without compensation. AM23-03 1 November 21, 2023—Special Meeting Sec. 19-22. Organization. Sec. 19-22. Organizati Purpose and Impact of • Relocated and amended Sec. 19-31. `he Planning and Zoning Commission. Impact of Planning and Zoning The planning and zoning commission Commission shall elect a chairman and vice- ray The Planning and Zoning Commission is a vital • Renamed Section to "Purpose and chairman from its membership. It shall link in the administration of the omprehensive Impact of the Planning and Zoning also have the power to make rules, Master Plan of the City of Grapevine. The Commission" regulations and bylaws for its own Comprehensive Master Plan consists of the oning . Capitalization for consistency government, which shall conform as oOrdinance and its amendments (Appendix A and . Included "Master" for references to nearly as possible with those governing D), sSubdivision oLrdinance (Appendix B) , Historic Comprehensive Plan city council and same shall be subject to Preservation Ordinance (Appendix G), . Removed reference to Appendix "A", approval by the council. Such bylaws tThoroughfare Plan, and other ordinances which this was repealed. shall include, among other items, regulate the use of land. In its review and advisory . Added reference to Appendix "G", provisions for: function, the Planning and Zoning Commission is the Historic Preservation Ordinance custodian of the omprehensive aster plan. . Listed enumerated responsibilities of (a) regular and special meetings, open the Commission to the public except where closed (b, The Planning and Zoning Commission has are Clarified language meetings are otherwise authorized by opportunity to is charged with monitoring prevent • Spell-out Planning and Zoning state law; disruption to the Comprehensive Master Plan and Commission assuring it is up-to-da, in its recommendations to Split "b" into "b" and new "c" and "d" (b) records of its proceedings, to be the City Council regarding all zoning cases and in4ts open for inspection by the public except denisiens regarding approval or denial of prelimina � where the withholding of records is plats for subdivisions. The has an onnortunit., to otherwise authorized by state law; and insist that that: (c) the holding of public hearings on its i all requirements are mot regarding ingress onrt recommendations. egress to property- onrt that p b l i r O rIc havew -oadecq'a'ace rights of way W Genfform to the itThnr nfare () The Planning and Zoning Commission shall review development proposals for sirdevulk ,, lit rdrainarre narking spaaG� vim ism snot > > o AM23-03 2 November 21, 2023—Special Meeting Gyorage yards andpgppsaGs rr wa4s or fenGes .nd—IandSGapi_, eat+ w areas,, and preteGtive requirements as considered necessary to create a reasonable transition to and protection of adjacent property, whiGh are—ceFnpat+ble with the Comprehen�master Plan consistent with City ordinances. Decisions and recommendations of the Planning and Zonin, Commission showing a lack of continuity can render the Comprehensive Master Plan ineffective and create mistrust in the minds of citizens. Thorough study and wise recommendations make the GComprehensive aster p !Ian effective, stabilize and preserve property values, and produce confidence and support in the minds of citizens. Sec. 19-23. Powers and duties Sec. 19-233. Powers and duties Members of the * Relocated Subsection 19-33, moved Commission. forward and renumbered to Subsection The planning and zoning commission 22-23. shall have the power and it shall be its The Planning and Zoning Commission shall be . Relocated/ added remaining part of duty to make and recommend for composed of seven (7) members, and first and second Subsection Sec. 19-21 . adoption a master plan, as a whole or in alternate members. All members shall be resident e Broke up into multiple paragraphs parts, for the future development and citizens and qualified voters of the City. Regular * Capitalization for consistency redevelopment of the city and its members shall be appointed by the City Council to . Spell-out Planning and Zoning environs and shall have the power and serve for terms of three (3) years and alternate Commission it shall be its duty to prepare a members shall serve for one (1) year terms. * Clarified rotation of alternates comprehensive plan and ordinance for zoning the city in accordance with The alternate members of the Planning and Chapter 211 of the Texas Local Zoning Commission shall meet with the Planning and Government Code, (formerly Articles Zoning euommission and serve in the place and with 1011 a through 1011j, V.A.C.S.). The I full power of a member in the absence of a member. AM23-03 3 November 21, 2023—Special Meeting commission shall perform such other Alternate members will be designated as first and duties as may be prescribed by second alternates and will rotate service in the place of ordinance or state law. an absent member to create equal opportunity in preparing both alternates for future full-time service. SUcp alternate members shall he designated as firs ttIt and seGend alternaOTTs and shall servo in the plane of a mew in S Urh designated priority The alternative members shall serve for a period of nne year. All vacancies shall be filled for the unexpired term in the same manner as provided for the original appointments. All expired terms shall be filled for terms as provided for the original appointments and in the same manner. Members of the Planning and Zoning Commission may be removed by the consent of the City Council. The members of the Planning and Zoning Commission serve without compensation. Sec. 19-24. Joint meetings with city Sec. 19-24. joint meetings with Gaty Goun^:'. . Relocated Subsection 19-22. council. Organization. Organization, moved backward and renumbered to Subsection 22-24. (a)All public hearings concerned with The pL_tanning and zZoning cCommission shall . Capitalization for consistency the proposed zoning changes may elect a Ghairman and ,vine_r+hairman from its . Spell-out Planning and Zoning be joint hearings between the membership. It shall have the power to make Commission planning and zoning commission rules, regulations and bylaws for its own government, and the city council. which shall conform as nearly as possible with those (b) Whether a hearing shall be held governing ity ouncil and same shall be subject to jointly with the planning and zoning approval by the ouncil. Such bylaws shall commission shall be determined by include, among other items, provisions for: (a) regular the city council by resolution at the and special meetings, open to the public except time the application is presented and where closed meetings are otherwise authorized by the determination shall be so stated state law; (b) records of its proceedings, to be open in all notices of said hearing. for inspection by the public except where the AM23-03 4 November 21, 2023—Special Meeting withholding of records is otherwise authorized by state law; and (c) the holding of public hearings on its recommendations. Division 2, Bylaws Secs. 19-25 — 19.30. — Reserved Sec. 19-253. Redd Powers and duties • Combined Subsection 19-23 with Subsection 19-32. Functions of the The - lanning and - oning - ommission shall Commission. Relocated and have the power and it shall be its duty to make and renumbered to Subsection 22-25. recommend for adoption a aster Ian, as a whole e Capitalization for consistency or in parts, for the future development and e Spell-out Planning and Zoning redevelopment of the ity; and shall have the power Commission and it shall be its duty to prepare maintain a e Removed references to former sComprehensive Master Ian and Zoning Vernon's Annotated Texas Statutes oOrdinance fOF ZORORg the EC'ity in accordance with e Added language that the P&Z, Chapter 211of the Texas Local Government Code "performs duties also at the direction of (formerly °i'rtiGles 1011�- a-th'„g„ 101 1 V C c4 The the City Council" Planning and Zoning eCommission shall perform such * Changed language that it is the other duties as may be prescribed by ordinance, state Commission's duty to "maintain" the law it at the alrectlon of the Lity Lounc . Comprehensive Master Plan rather than "prepare" Other duties and responsibilities of the Planning and , Removed redundant (c) from the list of Zoning Commission include: duties and responsibilities of the Sec. 19-32. Furt^`�f the Cornmiiss,on. Commission (a) The Planning and Zoning Commission is an advisor to the City Council of Grapevine. (b) It is the duty of the Planning and Zoning Commission to keep itself informed of AM23-03 5 November 21, 2023—Special Meeting trends in city planning and to make studies and recommendations to the City Council for plan improvements regarding matters which may seem beneficial and in the interest of the City. (rat is the responsibility of the Comommissieri formulate a pllan to reguiu}ecc-and restri t the Innotiens of trades and industries the 0 Innotion of buildings designed for spenifin uses, and to regulate and limit the height and bulk of bumldings,. (cd) The Planning and Zoning Commission shall recommend amendments in the Zoning Ordinance to the City Council when such amendments are needed because of changing conditions, new practices, or court decisions. Sec. 19-31. Impact of Planning and Sec. 19- . Officers and their duties. . Moved Subsection 19-34, Officers and Zoning Commission. Duties forward and renumbered to (a) The officers the Planning and Zoning Subsection 19-26. (a) The Planning and Zoning Commission shall be the chairman and vice- . Capitalization for consistency Commission is a vital link in the chair . Spell-out Planning and Zoning administration of the comprehensive (b) The chair and vice-chair shall be elected Commission Plan of the City of Grapevine. The annually at the organization meeting after their . Changed the masculine pronoun "he" Comprehensive Master Plan consists of appointment as members of the Planning to "they" and "him" to "their" to be the zoning ordinance and its and Zoning Commission by the City Council. inclusive of both genders amendments (Appendix A and D), Nominations shall be made by the rlannlnq ana . Updated references to Planning subdivision ordinance (Appendix B) z_onin� Commission membership and the election Services thoroughfare plan, and other ordinances shall follow immediately. The candidate receiving which regulate the use of land. In its a majority vote of the members present for the AM23-03 6 November 21, 2023—Special Meeting review and advisory function, the position for which he was they arF nominated shall Planning and Zoning Commission is the be declared elected and shall take office custodian of the comprehensive master immediately. Upon request of a Planning and plan. ZoninG Commission member, election may be by ballot. (b) The Commission has an opportunity to prevent disruption to the ( ) The chairman will preside over all meetings of Comprehensive Master Plan in its the Planning and Zonino Commission and have the recommendations to the City Council duties normally conferred by parliamentary usage regarding all zoning cases and in its to such office. The chair he shall have the privilege decisions regarding approval or denial of discussing all matters before the manning ana of preliminary plats for subdivisions. The Zoning Commission and voting thereon. The chair Commission has an opportunity to insist He shall sign subdivision plats approved by the that all requirements are met regarding Planning and Zoning Commission and such other ingress and egress to property; that papers and documents as may be deemed public or private streets have adequate necessary. He The chair shall appoint all rights-of-way to conform to the committees and may call special meetings of the thoroughfare plan; sidewalks, utilities, Planning and Zonino Commission. #e The chair drainage, parking space, maximum lot shall be responsible for the efficient and orderly coverage, yards and open spaces, transaction of the Planning and Zoning screening walls or fences and Commission's business. landscaping, recreation areas and protective requirements are considered (ed) The vice-chairman shall perform the duties of necessary to create a reasonable the chairman during h+s their absence or inability to transition to and protection of adjacent act. He The vice-chair shall sign subdivision plats property, which are compatible with the during the absence or inability of the chair. . Comprehensive master Plan. (c) Decisions and recommendations of ( )The Planning ServicF Department of Community the Commission showing a lack of Development shall keep the minutes and records continuity can render the of the Planning and Zonlr, Commission, provide Comprehensive Master Plan ineffective copies of minutes to Pic,,ii ping ana i-oning and create mistrust in the minds of Commission members, attend to the citizens. Thorough study and wise correspondence of the , ..inning and Zoning AM23-03 7 November 21, 2023—Special Meeting recommendations make the Commission, and such other duties as are normally comprehensive master plan effective, carried out by the Planning Services Department of stabilize and preserve property values, Community Development It shall be the duty of and produce confidence and support in the Planning Services Department of Gemmun4 the minds of citizens. —neli-;Ie ment to submit to the 'tanning and Zoning Commission the minutes of the previous meeting so that the same may be corrected, if necessary, to reflect fairly accurately the proceedings heard at the last meeting, and said minutes shall not be official until they are adopted by a majority vote of the rilanning ana z-onln` Commission. Sec. 19-32. Functions of the Sec. 19-3527. Meetings. * Relocated Subsection 19-35, Meetings Commission. and combined with relocated (a) Attendance. Each Planning and Zoning Subsection 19-24, Joint meetings with (a) The Planning and Zoning Commission member is expected to attend every city council; subsections combined, Commission is an advisor to the City meeting. Members must attend ready and able to and renumbered to Subsection 19-27 Council of Grapevine. focus on the meeting Agenda and unencumbered (b). by supervisory responsibilities. All members must * Renamed Regular Meetings to (c) (b) It is the duty of the Commission to inform the chai t"airman or other Date, time, location and number of keep itself informed of trends in City member of the ^ommission and the Planning cases. planning and to make studies and Services Director if they expect to be absent at a *Added language that the limit to eight recommendations to the City Council for particular meeting, giving the reason for their (8) cases on an agenda can be waived plan improvements regarding matters absence. if�;member fails is provide S„^h by a decision of the chair in which may seem beneficial and in the notifi^otion for three (2) ^onse^Uhive meetings consultation with the Planning Services interest of the City. missed by said member tThe Planning and Department Zenon g chair of thE. Planning and Zoning . Clarified language for Special c It is the responsibility of the Commission shall dote to bring this to the ( ) P Y �Y Meetings, requiring a majority of Commission to formulate a plan to attention of the City inform the Gity inform the City members present to call a special regulate and restrict the locations of Council of excessive absences. meeting trades and industries, the location of e (d) Special Meetings — an agenda item buildings designed for specific uses, (b) Joint meetings with the Ceity ouncil. All public does not need to be put on every hearings concerned with proposed zoning changes Commission agenda as a laceholder AM23-03 8 November 21, 2023—Special Meeting and to regulate and limit the height and be joint hearings between the Planning to request an item to be placed on a bulk of buildings. and Zoning Commission and the Ccity Ccouncil. future agenda Whether a hearing will be held jointly with the • Clarified the language for Quorum, the (d) The Commission shall recommend lanning and oning Commission shall be number of members to pass a motion amendments in the Zoning Ordinance to determined by the ity Ccouncil by resolution at and that in the absence of the chair or the City Council when such the time the application is presented and the vice-chair, the most senior ranking amendments are needed because of determination shall be so stated in all notices of member will preside over the meeting changing conditions, new practices, or said hearing. • Capitalization for consistency court decisions. • Spell-out Planning and Zoning (c) Date, time, location and number of cases. Regular Commission meetng-& Regular meetings shall be held on the third Tuesday of each month in the Council Chambers of the City Hall, unless otherwise determined by the Planning and Zoning Commission or City Council. if is the intent-of tThe Planning and Zoninq Commission shall to consider no more than eight (8) zoning cases per meeting unless allowed by the chair in consultation with the Planning Services Department, based on the complexity of the cases. If an unusually large number of zoning cases should occur, the Commission City Council may schedule an additional meeting concurrently with the Sity Coun +l Planning and Zoning Commission and Planning Services Department. ( ) Special meetings. Special meetings for any purpose may be held: (1) on the call of the Schair in consultation with Planning Services Staff; (2) upon request of two or more the majority of the members ai any previous meeting in consultation with Planning Services staff; or (3) oc may pc SGhed pled by a majorili of+ho ('nmmiccinn of orni AM23-03 9 November 21, 2023—Special Meeting nre.,i )us meeting upon the call of the City Council. 4-tThe request of the City Council or Planning and Zoning Commission will determine the time and place of the special meeting shall he determined by the Genyenino authefity. ( ' ) Tri-annual meetings. Three (3) meetings will be held to keep abreast of the Comprehensive aster Ian and planning activity. These meetings will be generaliti held in January, May, and September unless otherwise notified by the t hair of the Planning &Zoning Commission. (ef) Quorum. Five (5) members of the Planning and Zoning Commission shall constitute a quorum to do business, and the affirmative vote of a majority of those present shall be necessary to recommend a case. In the absence of the chair or vice-chair, the most senior ranking member in attendance of the Planning and Zoning Commission shall preside over the meeting. (g) Motions. A favorable vote by a majority of those members present shall be required to approve any matter before the Planning and Zoning Commission or to recommend approval of any request requiring Council action. Each member shall be informed and shall investigate each zoning case filed. Any member who misses pub publiG hearing all inform himself fully and shall not.vote unless he feels he is properly prepared AM23-03 10 November 21, 2023—Special Meeting (gh) Conflictof interest. Any member of the Tanning and Zoninc Commission having a conflict of interest as provided for in the Texas Local Government CEode shall not be eligible to vote. (T+_) Right to floor. Any member desiring to speak or address questions wj4 get shall obtain permission from the chairman before addressing the of dionno for questions. Sec. 19-33. Members of the Sec. 19-3628. Zoning hearings, procedures, and . Renumbered from Sec. 19-36 to 19-28 Commission. rules. • Deleted subsection (b) Postponements • Added that a denial is "with prejudice" The Planning and Zoning Commission (a) Withdrawals • Added the minimum information shall be composed of seven (7) needed on a petition per respondent members and first and second alternate (1) A request to amend or withdraw an . Changed time of day needed to submit members. All members shall be resident application or portion of an application after petitions to a case from 5:00 p.m. to citizens and qualified voters of the City. notices have been mailed to neighboring 12:00 p.m. on the Monday before the Regular members shall be appointed by property owners for a public hearing may Tuesday public hearing date the City Council to serve for terms of not be honored. A withdrawal of an . Capitalization for consistency three (3) years. The alternate members application precludes the filing of a new * Spell-out Planning and Zoning of the commission shall meet with the application on the same tract or portion Commission commission and serve in the place and thereof for a period of ninety (90) days from with full power of a member in the the date of withdrawal. absence of a member. Such alternate members shall be designated as first (2) In the event the applicant withdraws the and second alternates and shall serve in application prior to the mailing of notices, the place of a member in such the request will be honored and no further designated priority. The alternate action will be taken. The filing fee will be members shall serve for a period of one retained by the City for administrative costs. year. All vacancies shall be filled for the unexpired term in the same manner as (b) Poctnonementc provided for the original appointments. AM23-03 11 November 21, 2023—Special Meeting All expired terms shall be filled for terms (1) The aqpliGant shall. -him ollnIn,ed req lost to as provided for the original postpone the hearingdate Ga a one appointments and in the same manner. provided that SUGh a reI . " be made Members of the Commission may be 0n writing and—su a request shall be removed by the consent of the City reGe+ved—by the Community vevelopmernitc Council. The members of the Department prier to the moiling of nntines to Commission serve without neighboring property ,nets and upon compensation. payment of postponements e of fifF., (2) Any application postponed by the applinant or his representative will he held for a period of nn longer than sixty (60) days from the date ofthe SGh duIed hearing.in the event the application is not pursued at the end of said period the opplinatinn will hennme null and void The fiz-m ng opp nd pestpenemen fee shall beretained by the f �I n" ` fo administrative nests ( )Limitation on reapplications. In order that zoning may promote the stability and well-being of the community and may offer certainty to the citizens of Grapevine with respect to the use and development of property, the following requirements shall govern the filing of reapplications: A waiting period of one (1) year, between the date an application for amendment to the Zoning Ordinance, or a requested change in zoning, is denied wan preluulce by the City Council and a new application for such a change or amendment is accepted, is hereby established. The one-year waiting period shall be applicable to AM23-03 12 November 21, 2023-Special Meeting all requested amendments and changes for the same zoning district, or districts and/or principal use(s), on all or any portion of the property previously considered for amendment or change in zoning; provided, however, said one-year waiting period shall be not applicable to any proposed amendment or change instituted by the City Council or Planning and Zoning Commission. ( )Petitions of Opposition. Any person or persons wishing to file a petition of opposition to a zoning request shall present said petition to the Community Dey pmen Planning Services Department. Said petition should shall be filed presented to the Planning Services Department by 125.00 p.m. on the day prior to the public hearing. The petition will include the names legibly written, street addresses, Nith city, state and zip code, and phone numbers, and signatures of all who Sinn it ( )Site plan requirements. Any site plan to come before the Planning and Zoning Commission shall be prepared by, under the direction of, and executed by a registered surveyor, registered architect, or registered engineer and shall be in compliance with Section 47, Site plan review, of the Comprehensive Zoning Ordinance No. 82-73 Sec. 19-34. Officers and their duties. Sections. 19- -19-40. Reserved. (a) The officers and the Planning and Zoning Commission shall be the chairman and vice-chairman. AM23-03 13 November 21, 2023—Special Meeting (b) The chairman and vice-chairman shall be elected annually at the organization meeting after their appointment as members of the Planning and Zoning Commission by the City Council. Nominations shall be made by the Commission membership and the election shall follow immediately. The candidate receiving a majority vote for the position for which he was nominated shall be declared elected and shall take office immediately. Upon request of a Commission member, election may be by ballot. (c) The chairman will preside over all meetings of the Commission and have the duties normally conferred by parliamentary usage to such office. He shall have the privilege of discussing all matters before the Commission and voting thereon. He shall sign subdivision plats approved by the Commission and such other papers and documents as may be deemed necessary. He shall appoint all committees and may call special meetings of the Commission. He shall be responsible for the efficient and orderly transaction of the Commission's business. AM23-03 14 November 21, 2023—Special Meeting (d) The vice-chairman shall perform the duties of the chairman during his absence or inability to act. He shall sign subdivision plats during the absence or inability of the chairman. (e) The Department of Community Development shall keep the minutes and records of the Commission, provide copies of minutes to Commission members, attend to the correspondence of the Commission, and such other duties as are normally carried out by the Department of Community Development. It shall be the duty of the Department of Community Development to submit to the Commission the minutes of the previous meeting so that the same may be corrected, if necessary, to reflect fairly accurately the proceedings heard at the last meeting, and said minutes shall not be official until they are adopted by a majority vote of the Commission. Sec. 19-35. Meetings. (a) Attendance. All members must inform the chairman, vice-chairman, or another member of the commission if they expect to be absent at a particular meeting, giving the reason for their absence. If any member fails to provide AM23-03 15 November 21, 2023—Special Meeting such notification for three (3) consecutive meetings missed by said member, the Planning and Zoning Commission may vote to bring this to the attention of the City Council. (b) Regular meetings. Regular meetings shall be held on the third Tuesday of each month in the Council Chambers of the City Hall, unless otherwise determined by the Commission. It is the intent of the Commission to consider no more than eight (8) zoning cases per meeting. If an unusually large number of zoning cases should occur, the Commission may schedule an additional meeting concurrently with the City Council. (c) Special meetings. Special meetings for any purpose may be held: (1) on the call of the Chairman; (2) upon request of two (2) or more members; or (3) as may be scheduled by a majority of the Commission at any previous meeting. At the request of the City Council the time and place of the special meeting shall be determined by the convening authority. (d) Tri-annual meetings. Three (3) meetings will be held to keep abreast of the master plan and planning activity. AM23-03 16 November 21, 2023—Special Meeting These meetings will be held in January, May, and September unless otherwise notified by the Chairman of the Planning & Zoning Commission. (e) Quorum. Five (5) members of the Commission shall constitute a quorum. (f) Motions. A favorable vote by a majority of those members present shall be required to approve any matter before the Commission or to recommend approval of any request requiring Council action. Each member shall be informed and shall investigate each zoning case filed. Any member who misses a public hearing shall inform himself fully and shall not vote unless he feels he is properly prepared. (g) Conflict of interest. Any member of the Commission having a conflict of interest as provided for in the Texas Local Government code shall not be eligible to vote. (h) Right to floor. Any member desiring to speak will get permission from the chairman before addressing the audience for questions. Sec. 19-36. Zoning hearings, procedures, and rules. AM23-03 17 November 21, 2023—Special Meeting (a) Withdrawals (1) A request to amend or withdraw an application or portion of an application after notices have been mailed to neighboring property owners for a public hearing may not be honored. A withdrawal of an application precludes the filing of a new application on the same tract or portion thereof for a period of ninety (90) days from the date of withdrawal. (2) In the event the applicant withdraws the application prior to the mailing of notices, the request will be honored and no further action will be taken. The filing fee will be retained by the City for administrative costs. (b) Postponements. (1) The applicant shall be allowed to postpone the hearing date once, provided that such a request shall be made in writing and such a request shall be received by the Community Development Department prior to the mailing of notices to neighboring property owners and upon payment of the postponement fee of fifty dollars ($50.00.). AM23-03 18 November 21, 2023—Special Meeting (2) Any application postponed by the application or his representative will be held for a period of no longer than sixty (60) days from the date of the scheduled hearing. In the event the application is not pursued at the end of said period, the application will become null and void. The filing fee and postponement fee shall be retained by the City for administrative costs. (c) Limitation on reapplications. In order that zoning may promote the stability and well-being of the community and may offer certainty to the citizens of Grapevine with respect to the use and development of property, the following requirements shall govern the filing of reapplications: A waiting period of one (1) year, between the date an application for amendment to the Zoning Ordinance, or a requested change in zoning, is denied by the City Council and a new application for such a change or amendment is accepted, is hereby established. The one-year waiting period shall be applicable to all requested amendments and changes for the same zoning district, or districts and/or principal use(s), on all or any portion of the property previously considered for amendment or change in AM23-03 19 November 21, 2023—Special Meeting zoning; provided, however, said one- year waiting period shall be not applicable to any proposed amendment or change instituted by the City Council or Planning and Zoning Commission. (d) Petitions of Opposition. Any person or persons wishing to file a petition of opposition to a zoning request shall present said petition to the Community Development Department. Said petition should be filed by 5.00 p.m. on the day prior to the public hearing. The petition will include the names legibly written, street addresses, and phone numbers of all who sign it. (e) Site plan requirements. Any site plan to come before the Planning and Zoning Commission shall be prepared by, under the direction of, and executed by a registered surveyor, registered architect, or registered engineer and shall be in compliance with Section 47, Site plan review, of the Comprehensive Zoning Ordinance No. 82-73 Sections. 19-37-19-40. Reserved AM23-03 20 November 21, 2023—Special Meeting