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HomeMy WebLinkAboutORD 2024-050ORDINANCE NO. 2024-050 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 19, PLANNING; PROVIDING A PENALTY, NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Planning and Zoning Commission is responsible for making recommendations to the City Council on matters related to land use, subdivisions, development, and zoning regulations; and WHEREAS, the City Council adopted Ordinance No. 82-70 on October 19, 1982 creating the original bylaws for the Planning and Zoning Commission; and WHEREAS, the City Council has amended the Commission's bylaws with the adoption of Ordinance No. 90-43 on July 17, 1990 and Ordinance No. 92-23 on May 19, 1992; and WHEREAS, the current bylaws of the Planning and Zoning Commission do not adequately address certain procedural and operational aspects of the Commission's duties; and WHEREAS, it is in the best interest of the city to ensure that the Planning and Zoning Commission's bylaws are up to date and reflective of best practices in land use and zoning regulation; and WHEREAS, the City Council recognizes the need to amend the bylaws of the Planning and Zoning Commission in order to improve the efficiency and effectiveness of the commission's operations; and WHEREAS, the City Council has determined that amending the bylaws of the Planning and Zoning Commission will better serve the needs of the community and promote responsible and sustainable development, and WHEREAS, the City Council has the authority to amend the bylaws of the Planning and Zoning Commission in accordance with State and local laws; and WHEREAS, all constitutional and statutory prerequisites for the approval of this ordinance have been met, including but not limited to the Open Meetings Act and Chapter 211 of the Local Government Code; and WHEREAS, the City Council has determined than amendment to the City of Grapevine Code of Ordinances Chapter 19, Planning, is in the best interest of the of the health, safety, and welfare of the City of Grapevine and the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That Chapter 19, Planning, Article II. Planning and Zoning Commission, Division 1. Generally, and Division 2. Bylaws, is hereby repealed in its entirety, and shall be replaced to read as follows: "DIVISION 1. - BYLAWS Sec. 19-21. Created; appointment of members; terms. There is hereby created and established for the City a Planning and Zoning Commission, which shall be composed of seven (7) members and two (2) alternate members (first and second). Sec. 19-22. Purpose and Impact of the Planning and Zoning Commission. (a) The Planning and Zoning Commission is a vital link in the administration of the Comprehensive Master Plan of the City of Grapevine. The Comprehensive Master Plan consists of the Zoning Ordinance and its amendments (Appendix D), Subdivision Ordinance (Appendix B), Historic Preservation Ordinance (Appendix G), Thoroughfare Plan, and other ordinances which regulate the use of land. In its review and advisory function, the Planning and Zoning Commission is the custodian of the Comprehensive Master Plan. (b) The Planning and Zoning Commission is charged with monitoring the Comprehensive Master Plan and assuring it is up to date in its recommendations to the City Council regarding all zoning cases and plats for subdivisions. (c) The Planning and Zoning requirements shall review development proposals for requirements as considered necessary to create a reasonable transition to and protection of adjacent property consistent with City ordinances. (d) Decisions and recommendations of the Planning and Zoning 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 Comprehensive Master Plan effective, stabilize and preserve property values, and produce confidence and support in the minds of citizens. Ordinance No. 2024-050 2 AM23-03 Sec. 19-23. Members of the Commission. The Planning and Zoning Commission shall be composed of seven (7) members, and the first and second alternate members. All members shall be resident citizens and qualified voters of the City. Regular members shall be appointed by the City Council to serve for terms of three (3) years and alternate members shall serve for one (1) year terms. The alternate members of the Planning and Zoning Commission shall meet with the Planning and Zoning Commission and serve in the place and with full power of a member in the absence of a member. Alternate members will be designated as first and second alternates and will rotate service in the place of an absent member to create an opportunity to prepare both alternates for future full-time service. 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.Organization. The Planning and Zoning Commission shall have the power to make rules, regulations, and bylaws for its own governance, which shall conform as nearly as possible with those governing City Council and same shall be subject to approval by the City Council. Such bylaws shall include, among other items, provisions for: (a) regular and special meetings, open to the public except where closed meetings are otherwise authorized by state law; (b) records of its proceedings, to be open for inspection by the public except where the withholding of records is otherwise authorized by state law; and (c) the holding of public hearings on its recommendations. Sec. 19-25. Powers and duties. The Planning and Zoning Commission shall have the power and it shall be its duty to make and recommend for adoption a Master Plan, as a whole or in parts, for the future development and redevelopment of the City; and shall have the power and it shall be its duty to maintain a Comprehensive Master Plan and Zoning Ordinance of the City in accordance with Chapter 211 of the Texas Local Government Code. The Planning and Zoning Commission shall perform such other duties as may be prescribed by ordinance, state law, or at the direction of the City Council. Other duties and responsibilities of the Planning and Zoning Commission include: (a) The Planning and Zoning Commission shall serve as an advisor to the City Council of Grapevine. Ordinance No. 2024-050 3 AM23-03 (b) It is the duty of the Planning and Zoning Commission to keep itself informed of trends and best practices 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. (c) The Planning and Zoning Commission shall recommend amendments to the Zoning Ordinance to the City Council when such amendments are needed because of changing conditions, new practices, changes in State law, or court decisions. Sec. 19-26.Officers and their duties. (a) The officers of the Planning and Zoning Commission shall be the chair and vice - chair. (b) The chair and vice -chair shall be elected annually at the organization meeting after their annual appointment as members of the Planning and Zoning Commission by the City Council. Nominations shall be made by the Planning and Zoning Commission membership and the election shall immediately follow. The candidate receiving a majority vote of the members present for the position for which they are nominated shall be declared elected and shall take office immediately. Upon request of a Planning and Zoning Commission member, election may be by ballot. (c) The chair will preside over all meetings of the Planning and Zoning Commission and have the duties normally conferred by parliamentary usage to such office. The chair shall have the privilege of discussing all matters before the Planning and Zoning Commission and voting thereon. The chair shall sign subdivision plats approved by the Planning and Zoning Commission and such other papers and documents as may be deemed necessary. The chair shall appoint all committees and may call special meetings of the Planning and Zoning Commission at the Chair's sole discretion. The chair shall be responsible for the efficient and orderly transaction of the Planning and Zoning Commission's business. (d) The vice -chair shall perform the duties of the chair during their absence or inability to act. The vice -chair shall sign subdivision plats during the absence or inability of the chair. (e) The Planning Services Department shall keep the minutes and records of the Planning and Zoning Commission, provide copies of minutes to Planning and Zoning Commission members, attend to the correspondence of the Planning and Zoning Commission, and such other duties as are normally carried out by the Planning Services Department. It shall be the duty of the Planning Services Department to submit to the Planning 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 Ordinance No. 2024-050 4 AM23-03 official until they are adopted by a majority vote of the Planning and Zoning Commission. Sec. 19-27. Meetings. (a) Attendance. Each Planning and Zoning Commission member is expected to attend every meeting. Members must attend ready and able to focus on the meeting agenda and unencumbered by supervisory responsibilities. All members must inform the chair -and the Planning Services Director if they expect to be absent from a particular meeting, giving the reason for their absence. The chair of the Planning and Zoning Commission shall inform the City Council of excessive absences. (b) Joint meetings with the City Council. All public hearings concerned with proposed zoning changes shall be joint hearings between the Planning and Zoning Commission and the City Council. Whether a hearing will be held jointly with the Planning and Zoning Commission shall be determined by the City Council by resolution at the time the application is presented, and the determination shall be so stated in all notices of said hearing. (c) Date, time, location and number of cases. 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. The Planning and Zoning Commission shall 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 City Council may schedule an additional meeting concurrently with the Planning and Zoning Commission and Planning Services Department. (d) Special meetings. Special meetings for any purpose may be held: (1) on the call of the chair in consultation with Planning Services staff; or (2) upon request of a majority of the members at any previous meeting in consultation with Planning Services staff. Whoever calls the meeting shall set the time and place in consultation with the Planning Services Director. (e) Tri-annual meetings. Three (3) special meetings will be held to keep abreast of the Comprehensive Master Plan and planning activity. These meetings will be generally held in January, May, and September unless otherwise notified by the chair of the Planning and Zoning Commission. (f) 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 and vice - chair, the most senior ranking member of the Planning and Zoning Commission in attendance shall preside over the meeting. Ordinance No. 2024-050 5 AM23-03 (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 City Council action. Each member shall be informed and shall investigate each zoning case filed. (h) Conflict of interest. Any member of the Planning and Zoning Commission having a conflict of interest as provided for in the Texas Local Government Code shall not be eligible to vote and will file an Affidavit of Conflict of Interest with the Chairman. (i) Right to floor. Any member desiring to speak or address questions shall obtain permission from the chair. Sec. 19-28. Zoning hearings, procedures, and rules. (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) Limitation on reapplications. In order that zoning may promote the stability and well-being of the community and 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 zoning unless such application or case is explicitly denied without prejudice by the City Council; 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. (c) Petitions of Opposition. Any person or persons wishing to file a petition of opposition to a zoning request shall present said petition to the Planning Services Department. Said petition shall be presented to the Planning Services Department by 12:00 p.m. on the day prior to the public hearing. The petition shall include the names legibly written, street addresses, with city, state and zip code, phone numbers, and signatures. Ordinance No. 2024-050 6 AM23-03 (d) 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. 19-29-19-40. Reserved." Section 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall be deemed committed each day during or on which an offense occurs or continues. Section 4. All ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect. Section 5. If any section, subsection, sentence, clause or phrase of this ordinance shall for any reason be held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates undesirable conditions for the preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21st day of May, 2024. APPROVED: William D. Tate Mayor ATTEST: L.�, s r Tara Brooks i r City Secretary ��� ��d APP VED AS TO FORM: h 0-) - R, Matth w C.G. Boyle City Attorney Ordinance No. 2024-050 7 AM23-03