HomeMy WebLinkAbout650-OBTO: Planning Commission
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Request to amend Article 11, Section 3 and Article 111, Section 3, Rules and
Regulations, Planning Commission
FILE: 650-OB
STAFF REPORT
The Planning Manager recommends approval of this request.
On April 21, 2003, the Planning Commission approved amending the Code of Ordinances to
allow for the addition of 3 alternate members to the Planning Commission and to designate a
quorum as 5 regular and/or alternate members.
The Rules and Regulations of the Planning Commission also need to be amended to designate
a quorum as 5 regular and/or alternate members.
In addition, staff wanted to specifically designate the Planning Manager or his designee as
Secretary of the City Planning and Zoning Commission. While the Planning Manager has
always acted in this role, the Planning Commission's Rules and Regulations did not specify the
Planning Manager as such.
Exhibits are attached.
RULES AND REGULATIONS
CITY PLANNING AND ZONING COMMISSION
FR W 0 [4 N -4 = 0111 D) MVER 0 10 2 11 ft V I
The powers, duties, objectives and put -poses of the City Planning and Zoning Commission of the City
of Beaumont, Texas, are those set forth in Laws of the State of Texas Legislature, and those powers
and duties set forth in Chapter 47 of the Code of the City of Beaumont.
ARTICLE 11. OFFICERS AND THEIR DUTIES
Section 1. The officers of the City Planning Commission shall be a Chairman, Vice Chairman
Secretary and Assistant Secretary,
Section 2. The Chairman will preside over all meetings of the Commission and have the duties
normally conferred by parliamentary usage of such officer. 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 be responsible for the efficient
and orderly transaction of the Commission business.
Section 3., 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 of the Chairman.
The Planning Manager or his designee shall serve as Secretary of the City
Planning and Zoning Commission without vote.
Section 4. The Secretary shall keep the minutes and records of the Cortunission, prepare the
agenda of regular and special meetings, provide notice of meetings and copies of
minutes to Commission members, arrange proper and legal notice of all hearings,
attend to the correspondence of the Commission and such other duties as are
normally carried out by a Secretary. It shall be the duty of the Secretary 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 at the last
meeting, and said minutes shall not be official until they are adopted by the
Commission.
Section 5. The Assistant Secretary shall perform the duties of the Secretary during absence or
inability to act.
ARTICLE 111. MEETINGS
Section 1. Regular meetings will be held on the third Monday of each month at 3:00 p.m. in
the City Hall, Beaumont, Texas. Under special circumstances, such as holidays and
special events, the City Planning Corrunission, by a majority vote, may change the
date, time and location of the regular meeting of said Commission to meet such a
contingency.
Section 2. Special meetings may be called at any time by the Chairman, or upon a written
request signed by three (3) members ofthe Conimission. Notice of special meetings
shall specify the purpose of the meeting and shall be mailed to all members not less
than three (3) days in advance, unless approved by a two-thirds (2/3) vote of the
Commission.
Section 3. A majority of membership (5 out of 9) of the Commission shall constitute a quorum.
The quorum may be formed by regular and/or alternate members.
Section 4. The number of votes necessary to determine a question shall be a majority of those
present. However, any item of business not receiving at least five (5) votes (for
and/or against) will be deferred until a special meeting to be set by the Chairman
on a date within seven (7) days. Voting shall be by voice vote unless a roll call vote
is requested by a member of the Cornmission. If there is a division in the votes,
then the Secretary shall record the votes as being "Aye" or "Nay". Each member
of the City Planning Coninussion present shall be required to vote unless lie is
justifiably disqualified from doing so,
Section 5. All decisions and recommendations of the City Planning Commission shall be made
in meetings open to the public and a vote taken at such meetings and duly recorded.
Section 6. Parliamentary procedure shall be governed by "Robert's Rules of Order",
Section I Whenever a hearing or meeting is closed, it shall be proper for the Commission to
take the matter under advisement and announce its decision at some subsequent
meeting which is open to the public. No hearing or meeting, however, will be
adjourned without setting a definite date when such hearing or meeting will be
resumed.
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Section 1. Special committees may be appointed by the Chairman of the Commission from
time to time as the occasion for such arises. These committees may be assigned any
problem normally considered by the City Planning Commission.
Section 2. Standing Conunittees shall be appointed by the Chairman of the Commission to
make field inspections and detailed investigations of the zone change requests or
other appropriate matters. These committees are hereby assigned on a rotation basis
to study such cases as they are received and processed by the Planning Division
staff.
Section 3. A Chairman and Vice Chairman shall be appointed from the membership of each
committee by the Chairman of the Commission. The Conu-nittee Chairman shall
preside over committee meetings, shall vote upon all questions, and shall report the
result of such meetings to the Commission. The Vice Chairman of the corranittee
shall perform the duties of the Chairman in his absence or inability to act.
ARTICLE V. ZONING HEARINGS, PROCEDURE'S AND RULES
Section L Proposals for zoning changes, specific use permits and permanent zoning shall be
heard by the City Planning Commission sitting jointly with the City Council at a
regular meeting. These hearings will normally be set for the third Monday of each
month.
Section 2. A standing committee shall investigate such application on the ground prior to a
public hearing so that the members may be fully acquainted with the subject
property and the surrounding area, and may report their findings to the Commission.
Section 3. On the day of the hearing, proponents and opponents shall be given full and
adequate opportunity to present their respective views and the Commission will,
from staff reports, field inspections, and the evidence presented, form its
recommendation to the City Council as to whether or not the zoning change
requested should be granted or denied, or any other disposition which the
Commission may deem proper.
Section 4. The Secretary shall include in the minutes of the Commission a fair resume of the
evidence presented at the hearing, facts gained by inspection of the premises and
surrounding area, and the staff report on the case, and the recommendation of the
Commission.
Section 5. After the City Planning Commission has reached its decision and taken official
action on a try z oning case, such action shall be forthwith certified to the City
Council so that the Council may have the benefit of such report and
recommendation when the case comes before the Council for hearing and decision.
Section 6. In all public hearings, the Commission may ask for each delegation to appoint a
speaker or speakers to represent the delegation in order to conserve time. If a
petition or petitions are to be presented, the caption only shall be read and said
petition or petitions filed with the Secretary for the record and later reviewed by
Commission members unless specific approval is requested and granted by the
Chairman for a complete reading of the signatures on said petition.
Section All applications for amendments to the Zoning Ordinance and/or maps shall be filed
with the Secretary on a form approved by the Commission.
Section 8.. All applications for amendment to the Zoning Ordinance shall be scheduled for the
next reasonable hearing date available by the Planning Division staff. However, if
a request has been considered on the same parcel of land during the past twelve
calendar months, said request will not be rescheduled until the end of the twelve
(12) month period except as follows:
(1) Upon request of or referral back from the City Council.
(2) On written requests by the applicant with pertinent facts which the City
Planning Commission deemed sufficient to warrant a new hearing, such
request shall not be set for public hearing unless approved by a majority
vote of the Commission. If a hearing is granted by the Commission upon
request of the applicant, the procedure will be the same as that given
original application for a zoning change.
Section 9. Written notice to property owners as required by law before a hearing of the
Commission shall be sent to all owners of property affected by the proposed change
in zoning, or to persons rendering the same for City taxes, provided, however, that
the staff of the City Planning Division may, but shall not be required to, resort to
checking the deed records of Jefferson County, Texas, so that the current ownership
may be ascertained insofar as possible, and notice given to them.
Section 10. Withdrawals, postponements, fees form same.
(1) Withdrawals
a. Written request of the applicant to withdraw his petition for
zoning change prior to mailing hearing notices shall be honored.
b. A written request for withdrawal made a fter mailing hearing
notices, but not less than five (5) days (excluding Saturday and
Sunday) before date of hearing shall be honored and will not be
subject to the provisions of Article V, Section 8.
C, A written request for withdrawal made less than five (5) days
(excluding Saturday and Sunday) before the date of hearing shall
not be honored. However, if the applicant, because of
extraordinary circumstances is unable to appear on the date of the
hearing, the City Planning Commission may reset the hearing at
a future date with the necessary advertisement at the expense of
the applicant.
d. A request for withdrawal made at the hearing shall be honored,
but shall be subject to the provisions of Article V, Section 8.
(2) Postponements
a. Written request for hearing postponement by only the applicant
will be honored prior to mailing hearing notices.
b. A written request for hearing postponement made after mailing
hearing notices, maybe granted subject to Article V, Section 10,
Section 3.
(3) Fees for withdrawals and postponements
a. In the event of withdrawal orpostponement, no portionof the fee
required by Ordinance shall be returned to the applicant.
b. In the event a case is withdrawn or postponed after hearing
notices have been mailed, the person making the request will pay
to the City of Beaumont twenty-five ($25.00) dollars to cover the
cost of preparing and mailing notices of such withdrawal or
postponement.
C. An additional charge oft-wenty-five ($25.00) dollars shall be paid
to cover the cost of mailing new notices of any Commission
hearing,
ARTICLE VI. SUBDIVISION RULES AND PROCEDURES
The rules and regulations governing the subdivision and platting of land shall be governed by the
ordinances and resolutions heretofore adopted and approved to the City of Beaumont. The City Planning
Commission may hold s itch public Ii earings e oncerning s ubdivision p lats as i s d eemed necessary b y the
Commission.
ARTICLE VII. SPECIAL HEARINGS
Section l, Special hearings may be held by the City Planning Commission or by a special committee,
tinder the direction of tile City planning Commission on any matter other than zoning and subdivision cases
when such a public hearing would be in the public interest.
Section 2.. Notice of such special hearings shall be either published in the official newspaper of the
City of Beaumont at least ten (10) days before the time of the public hearing, or by such other methods as may
be required by law.
ARTICLE VIII. AMENDMENTS
These rules and regulations may be changed at any regular meeting of the City Planning Commission
by a two-thirds (2/3) vote of the membership. Any proposed change or amendment of these rules shall be in
the hands of the City Planning Commission members for not less than two (2) weeks in advance of the meeting
at which such change or amendment is considered for adoption. Any such change or amendment adopted by
the City Planning Commission shall forthwith be certified to the City Council for whatever action they may
deem meet and proper.
ARTICLE IX.
Any action taken by the City Planning Commission or its committees prior to the adoption of these
rules in matters which have not been finally completed by the City Planning Commission or final action taken
thereon by the City Council, shall be unaffected by these rules.
Adopted December 4, 1968
Reprinted October 21, 1991
Stephen C. Richardson — Secretary of the Planning Commission