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HomeMy WebLinkAbout11/18/2004 - Agenda Packet - Planning & Zoning Commission ( *if " CITY OF COLLEGE STATION Planning & Development- Services AGENDA Workshop Meeting Planning and Zoning Commission Thursday, November 18, 2004, at 5:30 p.m. Administrative Conference Room, City Hall 1101 Texas Avenue College Station, Texas 1. Discussion of consent and regular agenda items. 2. Discussion of minor and amending plats approved by Staff. 04 -240 Agency Records Control Subdivision 3. Discussion of Neighborhood Connectivity Survey Results. (KF) 4. Discussion, consideration, and possible action of Planning & Zoning Bylaws. 5. Discussion and possible action on future agenda items — A Planning and Zoning Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. 6. Adjourn Consultation with Attorney {Gov't Code Section 551.071) ; possible action. The Planning and Zoning Commission may seek advice from its attorney regarding a pending and contemplated litigation subject or attorney -client privileged information. After executive session discussion, any final action or vote taken will be in public. If litigation or attorney -client privileged information issues arise as to the posted subject matter of this Planning and Zoning Commission meeting, an executive session will be held. This building is wheelchair accessible. Handicapped parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call 979- 764 -3517 or (11)D) 1- 800 - 735 -2989. Agendas posted on Internet Website http: / /www.cstx.gov and Cable Access Channel 19. P &Z Workshop Agenda November 18, 2004 Page 1 of 1 MEMORANDUM TO: Planning and Zoning Commission Members FROM: Ken Fogle, Transportation Planner DATE: November 11, 2004 RE: Connectivity Survey Results Since Fall 2003, Planning and Development Services staff has been investigating the benefits of connectivity as well as ways to improve connectivity within the City of College Station. As part of this investigation, staff determined that a survey should be conducted to identify our citizens' preferences on different design elements of connectivity. This survey was conducted from September through October of 2004. In this period of time, almost 500 surveys were completed. During this workshop item, I will present the survey questions and results, and discuss ways that these findings can be used to improve connectivity in College Station. If you have questions or comments regarding this item prior to the meeting, please feel free to contact me by phone (764.3556) or e-mail (kfogle @cstx.gov). CITY OF COLLEGE STATION Planning cr Development Services 1101 Texas Avenue South, P.O. Box 9960 College Station, Texas 77842 Phone 979.764.3570 / Fax 979.764.3496 MEMORANDUM DATE: November 11, 2004 TO: Planning & Zoning Commissioners THROUGH: Joey Dunn, Director of Planning & Development Services FROM: Trey Fletcher, Senior Planner SUBJECT: Planning & Zoning Commission Bylaws Upon your request, staff has begun the task to develop a set of bylaws for the operation of the Planning & Zoning Commission. As indicated below, staff has contacted a number of cities throughout Texas to gather examples of bylaws as available. The results are organized alphabetically by city and those not adopted by ordinance are attached for your review. In College Station, some of these issues are addressed but are found in the UDO. As such, any changes to the same require approval of the City Council. The adoption of bylaws would be by the Planning & Zoning Commission. Section 2.2 addresses the following A. Creation B. Membership and Terms C. Officers, Meetings, Quorum D. Powers and Duties E. Staff Allen — Maintains bylaws, organized into six untitled articles. Austin — Maintains "Rules and Regulations" for the City Zoning and Platting Commission as well as the City Planning Commission. Each set of Rules and Regulations uses the same organization. I. Duties and Responsibilities II. Membership III. Officers IV. Duties of Officers V. Meeting VI. Voting and Quorum VII. Committees VIII. Announcement of Official Acts IX. Official Records Planning & Zoning Commission Page 2 of 3 11/11/2004 Austin cont'd X. Policies and Supplemental Procedures XI. Parliamentary Authority XII. Amendments Bryan — Maintains bylaws, organized into 13 articles. I. Authority II. Purpose and Function III. Planning and Zoning Activity Year IV. Meetings V. Commission Membership VI. Election of Officers VII. Duties and Responsibilities of Officers VIII. Committees IX. Officers of the Planning & Zoning Commission X. Order of Business XI. Rules of Order XII. Changes in Bylaws XIII. Filing of Guidelines Cedar Park — Maintains "Rules of Procedure" for the Commission organized into chapters and rules. I. Meetings II. Agenda III. Conduct of Meetings immik Of note, "Exhibit A" specifies training /continuing education requirements that may be fulfilled through Chapter or National APA conferences, legislative updates, or local training. Galveston — No response. Lewisville — No response. Missouri City — Maintains "Rules of Procedure" for the Commission. I. Organization and Officers II. Meetings III. Official Records IV. Application Procedures V. Conduction of Meetings VI. Certification and Amendments Nacogdoches — No bylaws Pflugerville — Maintains "Rules of Procedure" for the Commission in an outline format. Plano — No bylaws Home of Texas A &M University Planning & Zoning Commission Page 3 of 3 11/11/2004 Round Rock — No bylaws, provision adopted within zoning ordinance. I. Creation II. Powers and Duties III. Membership, Terms and Compensation IV. Procedures San Marcos — Maintains bylaws, organized into eight articles. I. Name II. Purpose, Authority, and Duties III. Membership, Terms, Quorum, Attendance IV. Officers V. Commission Records VI. Meetings, Rules of Conduct VII. Committees VIII. Amendments Sugar Land — The Development Services department maintains Development Review Process — Policies and Procedures. Within this, there are few references to the P &Z. Meeting dates and times are specified. Victoria — No response. Home of Texas A &M University Article 2. Development Review Bodies Section 2.1. City Council Article 2. Development Review Bodies 2.1 City Council A. General The City Council will be responsible for final action regarding the text of this UDO and the Official Zoning Map. B. Powers and Duties As provided and established within the City of College Station Charter, the City Council has the following powers and duties regarding this UDO: 1. Appointments The City Council shall have the responsibility of appointing and removing any member of the Planning and Zoning Commission (P &Z), Zoning Board of Adjustment (ZBA), and Design Review Board (DRB). 2. Final Action The City Council shall hear and take final action on the following: a. Development agreements and oversize participation agreements for City participation in cost - sharing of infrastructure improvements; b. Conditional use permits; c. Zoning map amendments (rezoning); d. Text amendments; e. Comprehensive Plan amendments; and f. Impact fee land use decisions and Capital Improvement Plan (CIP) priorities. 2.2 Planning and Zoning Commission A. Creation The City Council shall provide for the appointment of a Planning and Zoning Commission and the regulations and restrictions adopted shall be pursuant to the provisions of applicable statutory requirements of the State of Texas. B. Membership and Terms 1. Number, Appointment A Planning and Zoning Commission is hereby created to consist of seven members. An ad hoc member shall be appointed to review impact fee land use assumptions in accordance with § 395.058 of the Texas Local Government Code. Members shall be residents of the City and eligible voters. 2. Terms Terms of members of the Planning and Zoning Commission shall be for two years or until their successors are appointed. Four members shall be appointed in even - numbered years and three members shall be appointed in odd - numbered years. 2 -1 Unified Development Ordinance 9/23/04 City of College Station, Texas Article 2. Development Review Bodies Section 2.2. Planning and Zoning Commission 3. Term Limits Terms of office shall be limited to three (3) consecutive two -year terms or seven (7) consecutive years. 4. Vacancies Vacancies shall be filled by the City Council for the unexpired term of any member whose position becomes vacant. C. Officers, Meetings, Quorum 1. Officers A Chairperson shall be appointed annually by the City Council. The Planning and Zoning Commission shall select a Vice -Chair from among its members as needed. 2. Meetings Members of the Planning and Zoning Commission shall meet regularly and the Chairperson shall designate the time and place of such meetings. All meetings of the Commission where a quorum is present shall be open to the public. 3. Quorum Four (4) members shall constitute a quorum for the transaction of any business. Any recommendation advanced to the City Council without a majority of positive votes from those members present shall be deemed a negative report. 4. Rules of Proceeding The Planning and Zoning Commission shall adopt its own rules of procedure. 5. Minutes The Planning and Zoning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Administrator and shall be a public record. D. Powers and Duties The Planning and Zoning Commission shall have the following powers and duties: 1. Comprehensive Plan The Planning and Zoning Commission shall make recommendations for the effective coordination of the various City departments, committees, and boards, in implementing the Comprehensive Plan. 2. Recommendations The Planning and Zoning Commission shall review and make recommendations to the City Council subject to the terms and conditions set forth for such uses in this UDO for the following: a. Conditional use permits; b. Zoning map amendments (rezoning); c. Text amendments; 2 -2 Unified Development Ordinance 9/23/04 City of College Station, Texas Article 2. Development Review Bodies Section 2.3. Zoning Board of Adjustment d. Comprehensive Plan amendments; e. Impact fee land use decisions; and f. Capital Improvement Plan (CIP) priorities. 3. Final Action The Planning and Zoning Commission shall hear and take final action on the following: a. Applicable appeals of decisions of the Design Review Board; b. Preliminary and final plats (and in some cases, minor and amending plats); c. Waivers of the standards in Article 8, Subdivision Design and Improvements; d. Requests for alternative architectural materials from those required in Section 7.9, Non - Residential Architectural Standards; e. Appeal of the Administrator's determination that a proposed General Development Plan is not in compliance with the City's adopted Comprehensive Plan; f. Appeal of the Administrator's denial of a final minor or amending plat; and g. Appeal of the Administrator's denial of an alternative parking plan. Per Ordinance No. 2753 dated September 23, 2004 h. Appeal of the Administrator's interpretation of the provisions of Chapter 9, Subdivision Regulations, of the City of College Station Code of Ordinances. Per Ordinance No. 2753 dated September 23, 2004 E. Staff The Administrator shall provide staff, as needed, to the Planning and Zoning Commission. 2.3 Zoning Board of Adjustment A. Creation The City Council shall provide for the appointment of a Zoning Board of Adjustment (ZBA) and the regulations and restrictions adopted shall be pursuant to the provisions of applicable statutory requirements of the State of Texas. B. Membership and Terms 1. Number, Appointment The Zoning Board of Adjustment shall consist of five members who are residents of the City and eligible voters. Appointment of members shall be made by the City Council. The City Council may provide for the appointment of four alternate members of the Board of Adjustment who shall serve in the absence of one or more regular members when requested to do so. 2. Terms Each member of the Zoning Board of Adjustment shall be appointed for a term of two years, except that two members appointed initially shall have 2 -3 Unified Development Ordinance 9/23/04 City of College Station, Texas BY -LAWS ALLEN PLANNING AND ZONING COMMISSION ARTICLE I SECTION I — NAME The Planning and Zoning Commission for the City of Allen will be operating under the title of "Planning and Zoning Commission" and will hereinafter be referred to as the "Commission." SECTION 2 — CREATION The Commission was established as allowed by Texas Local Government Code to allow local municipalities to exercise policing powers over local development through zoning and the subdividing of property, via platting. • SECTION 3 — PURPOSE The purpose of said Commission is to serve as the Allen City Council's advisory committee on Planning, Zoning, and other related matters. The duties of the said Commission shall be: 1. To make recommendations to the Allen City Council on land to be zoned by a Property Owner or City for development or redevelopment purposes by: a. Recommending approval, disapproval, or approval with modifications to requests made by proponents. b. Recommending changes to Zoning, Subdivision, and other related ordinances where it is deemed necessary to enhance future development for the good of the Citizenry of Allen. c. Utilize all Ordinances and Planning Documents in the determination of any recommendations made to Council. 2. To utilize a periodic survey of residents of the City of Allen to determine the level of needs and desires relevant to planning within the City providing for development meeting desires of the community. 3. To have final authority on platting issues, subject to conformance with all Ordinances pertaining thereto. 4. To make recommendations to appropriate community officials, as well as to the private sector, regarding measures which it deems necessary to accomplish planning- related objectives as adopted by the City Council; and 5. To adopt bylaws to facilitate the attainment of its purpose and functions. 1 ARTICLE II SECTION 1— STRUCTURE The Commission shall consist of seven (7) members, designated "Place 1" through "Place 7," and shall be appointed by the City Council. The City Manager, or designee, will serve as liaison to the Commission. SECTION 2 — QUALIFICATIONS OF MEMBERS Members of the Commission shall be residents of the City of Allen and be qualified voters of the City. SECTION 3 — APPOINTMENT Commission Members shall be appointed by the City Council for a term of two (2) years. Terms shall begin on the first meeting in October and shall expire on a staggered basis; Commissioners for Place 1, 3, 5, and 7 in odd - numbered years, Places 2, 4, and 6 in even - numbered years. Newly appointed Members shall be installed at the first regular meeting after their appointment. SECTION 4 — VACANCIES Any vacancy occurring during the unexpired term of an appointed Commission Member shall be filled by a City Council appointment for the remainder of the unexpired term. The Commission will advise Council of any vacancies and may make recommendations regarding appointments to fill vacancies. SECTION 5 — RESIGNATION OR REMOVAL Any Commission Member may resign at any time by giving written notice to the City Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later date specified therein; and, unless otherwise specified therein, the acceptance of such resignation shall be necessary to make it effective. The City Council may choose to remove a commission member at its discretion. Cause for removal may include, but not be limited to, absence from three (3) meetings without notice to the Chair prior to the meetings (unexcused) within any 12 -month period. It is the responsibility of the Chair to insure attendance requirements are reported to City Council. SECTION 6 — AD HOC COMMITTEES The commission, as the need arises, may authorize the appointment of "Ad Hoc" committees. The Chair shall appoint members to the committee consisting of Commission Members, interested citizens at large, or other individuals with specific expertise or knowledge applicable to the Ad Hoc Committee, subject to the approval of the Commission. Any Committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Commission. SECTION 7 — RULES OF PROCEDURE The Commission shall adopt its own rules of procedure. City staff will keep a record of its proceedings in accordance with the provisions of Commission Bylaws, any applicable and related Ordinances, and the Charter of the City of Allen 2 ARTICLE III SECTION 1— OPEN MEETINGS ACT All meetings shall be conducted in accordance with the Open Meetings Act. From time -to -time, public hearings shall be conducted as required by law or to gain input on matters of significance that are intended to result in a recommendation to Council for adoption of policy or approval of City Funds for promotion of planning and development matters. SECTION 2 — REGULAR MEETINGS The Commission will hold two (2) meetings per month, on the first and third Tuesday, unless there is no business to discuss. Should such meetings fall on or near a legal holiday, that meeting shall be held on an alternate date and time, specified by the Commission. SECTION 3 — SPECIAL MEETINGS Special meetings of the Commission may be held when called by the Chair, or by any four (4) Commission members. SECTION 4 - MEETING SCHEDULE Meeting schedule and agenda will be posted according to Texas law 72 hours prior to scheduled meeting, posted at City Hall. Meetings generally will consist of a pre- meeting workshop, if necessary, of approximately a half -hour beginning at 7 p.m., followed by the regularly scheduled meeting. The Commission establishes 11:00 p.m. as the hour after which no new agenda items will be considered, with the exception of plats, without a majority vote of the Commission. Action will be completed on the agenda item under consideration at 11:00 p.m. --�, SECTION 5 — QUORUM Four (4) members of the Commission shall constitute a quorum for the conduct of business. SECTION 6 — MAJORITY The term "majority" shall mean a simple majority of the Commission present and voting, unless designated otherwise in an Ordinance based on the nature of the issue being considered. SECTION 7 - VOTING All Commission Members shall have one (1) vote equal in weight. All voting shall be by voice or hand vote at the discretion of the Chair; however, any member may at his or her discretion, call for a written ballot. SECTION 8 — RULES OF ORDER All meetings shall generally be conducted according to basic Parliamentary procedures. The Chair will facilitate meetings and will assist the Commission in focusing on agenda items and deliberations, limiting discussions to relevant topics, and generally directing the order of business. The Commission will govern themselves as to the length of their comments or presentations. The Chair will conduct public hearings and limit citizen or proponent comments to the specific agenda item and the amount of time allotted to any speaker. For each agenda item, staff will begin by presenting material related to this item. The Chair will then solicit input from the proponent. Generally, only one person shall speak for a proponent unless requested by a Commission Member. With the consent of the Chair, Commission Members may direct questions to additional associates of the proponent, to staff, other Commissioners, or to anyone present who may have information valuable to the discussion at hand. If a public hearing is required, it will be held prior to the Commission's full review of the item. At the conclusion of discussions and when warranted, motions may be made by any 3 member of the Commission, including the presiding officer, provided that before the presiding officer offers a motion, the opportunity for making a motion has been presented to all Commission members. SECTION 9 — ORDER OF BUSINESS The order of business will generally proceed as follows: 1. Workshop (if necessary) — this will be a review of agenda items prior to the regular meeting to insure any technical questions or other concerns can be directed to staff prior to the regular meeting. This may help avoid unnecessary delays in the regular meeting. Staff will provide a briefing on the most recent City Council actions as they relate to Commission recommendations or concerns. 2. Regular Meeting - this will generally be conducted as follows: a. Consent agenda - any item staff feels does not require any action or deliberation by the Commission. Any Commission member may remove any item from the consent agenda for discussion during the regular meeting. No motion is required, only a request to the Chair. b. Plats and Zoning cases - Staff will arrange the agenda items at its discretion, usually scheduling Public Hearings first, and giving consideration to any item that may have been rescheduled from a previous meeting. c. Other Business - any other business, subcommittee reports, or discussion items for the Commission will be handled at this time. At the discretion of the Chair, the order of the agenda may be changed to insure the efficient operation of the meeting or to accommodate the best interests of the City. ARTICLE IV SECTION 1— POWER AND DUTIES OF OFFICERS The Commission shall annually elect from its Members a Chair, Vice Chair, and 2 Vice Chair. Election of officers shall be held at the first regular meeting in October, or at the first meeting following the regular annual appointment by the City Council. a. Chair: The Chair shall preside over meetings. The Chair shall set the rules of the meeting, subject to objection by a majority of the Commission. The Chair shall represent the Commission before the City Council and other public meetings when requested thereby. The Chair is responsible for signature approval authority on all final plats and meeting minutes. b. Vice Chair: The Vice Chair shall assist the Chair in directing the affairs of the Commission. In the absence of the Chair, the Vice Chair shall assume all duties of the Chair. 4 c. 2n Vice Chair: In the absence of the Chair and the Vice Chair, the 2n Vice Chair shall assume all duties of the Chair. d. Absent Chair: In the event that no officers are present at a scheduled meeting, but a quorum of the Commission is present, those members present will elect a temporary Chair for that meeting. ARTICLE V SECTION 1— CONFLICT OF INTEREST The Commission members are governed by the Texas Local Government Code and Allen City Charter. ARTICLE VI SECTION 1— AMENDMENTS The Commission at its discretion may amend the Bylaws. A majority vote by the Commission is required to amend the Bylaws. SECTION 2 — AUTHORITY OF BYLAWS �•r• , In the case of any conflict between any Ordinance and these Bylaws, the applicable Ordinance will take precedence. Approved this 4"' day of November, 2003. Gary Caplinger, Chair Pam Conway, Sr. Administrative Assistant 5 { BYLAWS of the City of Bryan PLANNING AND ZONING COMMISSION As Amended May 2004 Adopted March, 1963 Amended April, 1970 Amended April, 1976 Amended November, 1984 Amended June, 1988 Amended January, 1997 ARTICLE 1- AUTHORITY The Planning and Zoning Commission shall be constituted, have the powers and duties, and conduct all activities in accordance with Chapters 211 and 212 of the Texas Local Government Code, the City Charter, Chapter 2, Division 13, of the City of Bryan's Code of Ordinances, and these adopted By -Laws. ARTICLE 2- PURPOSE AND FUNCTION The duties and functions of the Planning and Zoning Commission are set forth in Chapter 2, Article III, Division 13, Section 2 -227, Purpose, Duties and Functions, of the City of Bryan Code of Ordinances. ARTICLE 3 - PLANNING AND ZONING COMMISSION ACTIVITY YEAR The activity year for the Planning and Zoning Commission and the terms of membership shall be from January 1 - December 31. ARTICLE 4 - MEETINGS A. Regular and Workshop Meetings of the Commission shall be held on the first and third Thursday of each month at the time and location as posted in the public notice. B. Special meetings or workshops of the Commission may be called by the Chair or upon request to the Chair. C. Each member shall be sent a written notice of the regular and workshop meetings which shall include an agenda listing all matters to be considered by the Commission. Notices of the regular and workshop meetings shall be mailed to each member sufficiently in advance of each meeting to insure determination of the presence of a quorum of the Commission's members and to permit study of the agenda by the members of the Commission. D. A Planning and Zoning Commission meetings may be cancelled if not needed by the Planning and Development Manager or designee. All members of the Commission will be notified of the cancellation. ARTICLE 5 - COMMISSION MEMBERSHIP A. Planning and Zoning Commission member terms shall be in accordance with Chapter 2, Article III, Division 13, Section 2 -226, Organization, of the City of Bryan Code of Ordinances. B. It is the policy if the City Council to replace any Board or Commission member appointed by the City Council if such appointee fails to attend at least two - thirds of the meetings of the Board or Commission for which that person was appointed for any six -month period during which the appointee is a member of the Board of Commission. C. The Planning and Development Manager or designee shall be responsible for maintaining a record of attendance and reporting such information periodically to the City Manager. If an appointee fails to attend as required, the City Manager shall advise the City Council who will appoint a new person to such position. ARTICLE 6 - ELECTION OF OFFICERS A. At their first regular meeting of January each year the Planning and Zoning Commission shall: 1. Install new members as appointed by the City Council; 2. Nominate and elect a chair, vice - chair, and parliamentarian. B. Nomination for elective officers of the Commission may be made by any member or members at the call of the presiding Chair. The election of new officers shall be by acclamation unless an election by ballot be requested by any member. Upon such request, the Chair shall order an election by ballot, appoint a teller to distribute ballots, collect and tabulate them and announce the results of the election. A simple majority of the votes cast will determine the elected officer. ARTICLE 7 - DUTIES AND RESPONSIBILITIES OF OFFICERS A. The Chair: 1. Shall preside over the meetings of the Commission 2. Shall appoint committees 3. Shall sign all documents of the Commission 4. Shall see that all actions of the Commission are properly taken B. The Vice - Chair: 1. Shall, in the absence, disability, or disqualification of the Chair, exercise or perform all the duties and be subject to all the responsibilities of the Chair 2. Shall have the power granted the Chair in the conduct of the Commission's affairs in the Chair's absence C. The Parliamentarian: 1. Shall give advice on parliamentary rules or procedures to the Chair or other members upon request 2. Shall call to the attention of the Chair any errors in procedure D. The Department of Planning and Development Services shall act as staff to the Planning and Zoning Commission. The department shall receive and process all subdivision plats, petitions, requests, publications, and documentary distribution over which the Commission shall have jurisdiction. E. The Planning and Development Manager or designated representative shall meet and work with the Commission and shall assist in gathering data, preparing master plans and elements thereof and in the execution of the Commission's functions and see that all necessary documents are transmitted to the Chairman or to the proper committee. F. The Planning and Development Manager or designee shall serve as secretary to the Planning and Zoning Commission and see that the minutes are properly recorded, maintained, and conveyed to the City Secretary. - G. Any vacancy in the office of Chair, Vice - Chair, or Parliamentarian will be filled at the next regular or special meeting after a vacancy has been determined. ARTICLE 8 - COMMITTIES A. The Chair shall designate standing or ad hoc committees and their charges as deemed necessary to address and manage Planning and Zoning Commission responsibilities and activities as referred to in Chapter 2, Article III, Division 13, Section 2 -227, Purpose, Duties and Functions, of the City of Bryan Code of Ordinances. B. The Department of Planning and Development Services shall post the agendas for all regular, special, workshop and committee meeting of the Planning and Zoning Commission in accordance with the procedure outlined in the Open Record Act. C. It shall be the duty of each Committee to review, investigate and report on all matters submitted to them by the Chair. In the discharge of all duties involving specific provisions and requirements of State Statutes and /or City Ordinances, the particular Committee involved shall perform in strict accordance with the provisions of such Statutes and Ordinances. ARTICLE 9 - OFFICES OF THE PLANNING AND ZONING COMMISSION A. The offices and headquarters of the Planning and Zoning Commission shall be in the office of the Planning and Development Manager or designee in such City of Bryan public building and in such space assigned to it. B. All maps, plats, and other materials required by law are to be filed in the office of the Planning and Development Department for processing prior to consideration by the Commission. C. Deadline for the submittal of applications and supporting documents for placement on the agenda shall be established by the Planning and Development Manager or designee. ARTICLE 10 - ORDER OF BUSINESS A. The order of business conducted in regular meetings of the Planning and Zoning Commission or its committees shall be as follows: 1. Call to Order 2. Citizens to be Heard 3. Recognition of Affidavits for Conflict -of- Interest 4. Consent Agenda 5. Regular Agenda Items 6. Adjournment ARTICLE 11 - RULES OF ORDER A. Quorum 1. A quorum at any regular, special or Committee meeting shall consist of a majority of all serving members of the Commission or Committee. B. Voting 1. In the conduct of its affairs in regular and special meetings of the Commission involving official action of the Commission, every member of the Commission, including the Chair, Vice - Chair, and Parliamentarian shall vote, unless abstaining from voting due to a conflict of interest. 2. Any member of the Planning and Zoning Commission who feels he or she has a conflict of interest shall file an affidavit of abstention on any matter and shall refrain from discussion and voting on said items. 3. Any vote less than a unanimous vote shall be recorded such that the vote of each Commissioner is identified. In the event of an abstention, the abstaining member shall be reflected in the minutes. 4. In the event of an abstention, the reason for said abstention shall be specified and made part of the minutes. 5. Any action taken by a majority of the Commission membership shall constitute an official action of the Planning and Zoning Commission. ARTICLE 12 - CHANGES IN BYLAWS A. These Bylaws may be amended at any meeting by a majority of the entire membership of the Commission. B. Roberts Rules of Order shall control the conduct of all meetings of the Planning and Zoning Commission. ARTICLE 13 - FILING OF GUIDELINES A. These guidelines, and any subsequent amendments, upon approval, shall become part of the public record of the Planning and Zoning Commission meetings at which they are adopted. Amended: Attest: Planning and Zoning Commission Chair Planning and Zoning Commission Vice -Chair • RULES OF PROCEDURE FOR THE PLANNING AND ZONING COMMISSION Rule 1.1 Regular Meetings. Regular meetings of the Planning and Zoning Commission will be held on the first and third Tuesdays of each month, except as specifically modified by the Planning and Zoning Commission and will generally commence at 6:30 p.m. Regular meetings of the Planning and Zoning Commission may be held at such other times as may be necessary or beneficial. Public notice of all regular meetings of the Planning and Zoning Commission shall be given as required by the Texas Open Meetings Act, Section 551.001 et seq. of the Government Code. Rule 1.2 Special Meetings. Special meetings of the Planning and Zoning Commission may be held on such dates and at such times as called by the Chairman or, in his/her absence, the Vice Chairman. Public notice of all special meetings of the Planning and Zoning Commission shall be given as required by the Texas Open Meetings Act, Section 551.001 et seq. of the Government Code. Rule 1.3 Work Sessions. Planning and Zoning Commission work sessions will generally be held on the first Tuesday of each month and will generally commence at 6:30 p.m. Such work sessions may coincide with such regular meeting of the Planning and Zoning Commission. Planning and Zoning Commission work sessions may be held at such other times as may be necessary or beneficial. Public notice of all Planning and Zoning Commission work sessions shall be given as required by the Texas Open Meetings Act, Section 551.001, et seq. of the Government Code. Rule 1.4 Retreats, Seminars. The Planning and Zoning Commission will generally hold two retreats or seminars annually in lieu of the Planning and Zoning Commission regular meeting or work session. Public notice of all Planning and Zoning Commission retreats shall be given as required by the Texas Open Meetings Act, Section 551.001, et seq. of the Government Code. A guideline for suggested attendance at planning or zoning seminars or conferences, or other recommended training sessions is attached hereto as Exhibit A. Rule 1.5 Joint Meetings. The Planning and Zoning Commission may hold joint meetings with the City Council or other boards, commissions or task forces in addition to their other meetings. Public notice of all joint meetings shall be given as required by the Texas Open Meetings Act, Section 551.001, et seq. of the Government Code. Rule 1.6 Location of Meetings and Work Sessions. All regular meetings, special meetings, joint meetings and work sessions of the Planning and Zoning Commission shall be held at the Cedar Park Public Library or the Cedar Park City Hall unless the Chairman (a) determines that an irresolvable scheduling conflict exists in the use of the Cedar Park Public Library or the Cedar Park City Hall and (b) promptly notifies the Planning and Zoning Commission. -1- • Rule 1.7 Delivery of Minutes to City Secretary. The Planning and Zoning Commission shall promptly deliver to the City Secretary all minutes of regular meetings, special meetings, joint meetings, work sessions, and retreats upon approval thereof. Rule 1.8 Commission Reports. The Chairperson of the Planning and Zoning Commission or his/her designee shall report to the City Council on the activities of the Planning and Zoning Commission at such time as may be directed by the City Council. Rule 1.9 Policy Directives. The City Council is ultimately responsible for the establishment of City's policies. The Planning and Zoning Commission is cognizant of the City Council's primary responsibility to establish, approve, disapprove, or modify the City's policies. The Planning and Zoning Commission shall ensure that any policy directive initiated by the Planning and Zoning Commission is reported to and approved by the City Council before issuance of any such policy directive. Rule 1.10 Rules of Procedure. Upon an affirmative vote, these Rules of Procedure, and any amendments thereto, shall be forwarded to the City Council for their review and approval. Upon the City Council's approval, the Rules of Procedure, or any amendments thereto, shall become effective. Rule 1.11 Attendance. A position on the Planning and Zoning Commission shall ,... , become vacant if a Commissioner fails to attend either: a) three (3) consecutive; or b) more than fifty percent (50 %) of all Planning and Zoning Commission meetings during any twelve (12) month period from appointment or reappointment without being excused by the Planning and Zoning Commission. Absence from any Planning and Zoning Commission meeting shall be excused only for reasons of personal illness or immediate family emergencies. Attendance shall be taken and noted by the Chairman at the beginning of all meetings with notations as to whether a Commissioner's absence is excused or not. No absence shall be considered by the Commission to be excused unless, prior to the meeting, the Commissioner contacts either the City Planning Department staff or the Chairman and indicates such request and the reason for such request. Chapter 2: Agenda Rule 2.1 Preparation of the Agenda. The Chairman or, in his/her absence, the Vice Chairman is responsible for preparing or ensuring the preparation of the Agenda for each meetings, work session, retreat, or seminar. Rule 2.2 Agenda Categories for Commission Meetings: For each Planning and Zoning Commission meeting, the Agenda may contain any of the following categories: a. Call to Order; b. Role Call; c. Approval of Minutes; -2- • d. Citizen Communication; e. Commissioners' Opening Comments; f. Discussion and Possible Action on Policy and Procedures; g. Discussion and Possible Action on Personnel; h. Consent Agenda; i. Public Hearing and Zoning Recommendations; j. Subdivisions; k. Discussion and Staff Presentations; 1. General Training m. Executive Session; n. Possible action on Executive Session matters; o. Commissioners' and Staff Closing Comments; and p. Adjournment. The categories listed above are demonstrative and are not meant or intended to be exclusive. Rule 2.3 Consent Agenda. All final plats that have met all comments but may still have fiscal payments pending prior to recordation shall presumptively be placed on the Consent Agenda. Any item on the Consent Agenda shall be removed at the request of a single Commissioner. A request for removal from the Consent Agenda may be made (a) in writing directed to the Chairman and distributed to the Planning and Zoning Commission; or (b) verbally during Commissioners' Opening Comments. Any item removed from the Consent Agenda shall be considered as a separate action item at the meeting on which such item appears on the Consent Agenda. Rule 2.4. Placement of Agenda Items by Commissioners. Any Planning and Zoning Commissioner may request the placement of any item on the Agenda. Any Agenda item so requested shall bear the requesting Commissioner's name on each occasion at which the item appears on the Agenda. A Commissioner may request the placement of any item on the Agenda (a) during Commissioners' Opening Comments or Commissioners' and Staff Closing Comments; or (b) in writing directed to the Chairman and distributed to the Planning and Zoning Commission. Rule 2.5 Public Availability of Agenda. In addition to the requirements of the Texas Open Meetings Act, Section 551.001, et seq. of the Government Code, the Planning and Zoning Commission Agenda and supporting materials, excluding exempt materials, shall be made available to any member of the public who requests same. However, any member of the public requesting the Planning and Zoning Commission Agenda and supporting materials, excluding exempt materials, shall pay all costs associated with the reproduction of the Planning and Zoning Commission Agenda and/or supporting materials, excluding exempt materials, in accordance with the standards established by the General Services Commission. A copy of the packet distributed to the Planning and Zoning Commission prior to a regular or special meeting, excluding exempt materials, shall be made available to the public in the Cedar Park Public Library. The - 3 - Planning and Zoning Commission Agenda shall also be made available to the public on the City's internet website. Rule 2.6 Description of Certain Agenda Items. For each Agenda item requiring consideration and/or action by the Planning and Zoning Commission, excluding items on the Executive Session Agenda, the Agenda shall (a) reflect a brief substantive description of the matter for consideration and/or action, (b) identify the staff resource person(s) responsible for the item, and (c) if appropriate, provide a staff recommendation or proposal for action. Chapter 3: Conduct of Meetings Rule 3.1 Chair. The Chairman or, in his/her absence, the Vice Chairman shall preside over and conduct all Planning and Zoning Commission meetings. Rule 3.2 Secretary. If the Secretary is unable to attend any meeting, the Chairman or Vice Chairman may appoint an acting Secretary for purposes of such meeting. Rule 3.3 Rules of Order. Except as specifically modified by these Rules of Procedure, Robert's Rules of Order shall govern the conduct of the Planning and Zoning Commission' s meetings. Rule 3.4 Parliamentarian. The City Attorney or any Assistant City Attorney shall serve as parliamentarian for the Planning and Zoning Commission, who shall construe all applicable procedural rules liberally. Rule 3.5 Applicant Discussions. Individual Commissioners shall not meet with or discuss with any Applicant issues subject to the regulation or authority of the Planning and Zoning Commission except within the confines of properly posted and noticed meetings. Rule 3.6 Applicant Presentation. With the exception of the Consent Agenda, Applicant, or his/her agent, shall make any presentation necessary for a public hearing or before consideration of a possible action item. Unless modified by the Planning and Zoning Commission, such presentation shall precede any presentation made by City staff. Rules 3.7 Presentation by City Staff. With the exception of the Consent Agenda, City staff shall make any presentation necessary for a public hearing or before consideration of a possible action item. Rule 3.8 Written Presentation by City Staff. For each zoning hearing, preliminary plan or final plat approval, the following material shall be provided to the Planning and Zoning Commission: applicant's documents, staff report, map and any written citizen communications received by staff. -4- Rule 3.9 Public Presentation. During any public hearing on any matter before the Planning and Zoning Commission, and after any presentation by the Applicant, or his/her agent, and City staff, any other member of the public who desires to address the Planning and Zoning Commission may do so, provided that (a) he /she limits such presentation to three (3) minutes, and (b) he /she fills out and delivers to the Planning and Zoning Commission Secretary a registration card for each Agenda item prior to addressing the Planning and Zoning Commission. Rule 3.10 Citizen Communications. Any member of the public who desires to address the Planning and Zoning Commission during Citizen Communication may do so, provided that (a) he /she limits such presentation to three (3) minutes, and (b) he /she fills out and delivers to the Planning and Zoning Commission Secretary a registration card identifying the topic on which he /she desires to address the Planning and Zoning Commission. Rule 3.11 Registration Card. The registration card referred to in Rules 3.7 and 3.8 shall include the following information: (a) full name; (b) business or residential address; (c) business or residential telephone number; (d) representation; (e) Agenda item or topic; and (f) brief statement of position [e.g. for or against an Agenda item or summary of communication]. Rule 3.12 Expansion of Time for Public Presentation and Citizen Communications. The Chairman may expand the time limit set forth in Rules 3.7 and 3.8 for up to an additional five (5) minutes if the presenter requests an extension unless a Commissioner objects. In the event of a Commissioner's objection to a request for extension, the Planning and Zoning Commission shall vote to approve or disapprove the request for extension. Rule 3.13 Time Keeper. The City Attorney, any Assistant City Attorney, or the Commission's Secretary shall serve as time keeper for any public presentation made to the Planning and Zoning Commission. Rule 3.14 Repetitive Presentations. The Chairman may deny any presenter the opportunity to address the Planning and Zoning Commission if the presentation made or offered is repetitive of a presentation previously made. Rule 3.15 Commission Vote. The Commission Secretary or his/her assignee shall maintain, and the minutes shall reflect, the votes made by the Planning and Zoning Commission in open meeting. (a) Consent Agenda. The Planning and Zoning Commission shall vote on the Consent Agenda by voice vote or by a show of hands as directed by the Chairman. (b) Separate Action Items. All votes shall be by show of hands, unless a motion for a division of the assembly is approved by the Planning and -5- Zoning Commission. In the event of a division of the assembly, the Commission Secretary or his/her assignee shall poll the Planning and Zoning Commission as directed by the Chairman. Rule 3.16 Executive Session; Certified Agenda. All executive sessions shall be recorded by certified agenda in conformity with Section 551.001, et seq. of the Government Code. PASSED AND APPROVED the day of , 2002. MIKE PEREZ, Chairman ATTEST: ---� TERRY DOANE, Secretary -6- EXHIBIT A State or National APA Conference, or other Planning and Zoning Commission approved planning conference: Every member should attend at least one (1) conference every two (2) years. Legislative Update: Every member should attend one (1) special training meeting every two (2) years following completion of the Legislative Session for an update on planning, zoning, development, or other land use legislation passed. Local training: Every member should attend one (1) local training conference or seminar every year. -7- PLANNING AND ZONING COMMISSION MISSOURI CITY, TEXAS RULES OF PROCEDURE 1. ORGANIZATION AND OFFICERS 101. Organization The Planning and Zoning Commission shall consist of those members appointed by the City Council and shall be organized under the laws of the State of Texas, the City Charter, the Zoning Ordinance, and Ordinance No. 191. 102. Officers A Chairman and Vice Chairman shall be elected from among the Commission's membership at the first meeting following the 30 of June of each year and at such other times as those offices may become vacant. If at any meeting of the Planning and Zoning Commission neither the Chairman nor Vice Chairman is present, then those Commission members present shall elect one of their number to be Chairman for conducting the meeting as provided herein. 103. Duties A. The Chairman, or in the absence of the Chairman, the Vice Chairman or other member elected as temporary chairman, shall preside at meetings and shall decide all points of order of procedure. B. The Director of Planning shall be the regular technical advisor of the Planning and Zoning Commission and shall be the custodian of the minutes and other official records, shall attend to the correspondence of the Commission and shall cause to be given such notices as are required in the manner prescribed by law. C. It shall be the duty of the Commissioners to attend all meetings. Commissioners who are absent for three (3) consecutive regular meetings are subject to removal from office. 104. Rules of Order Robert's Rules of Order, latest revision, shall be the Commission's final authority on all questions of procedure and parliamentary law not covered by these Rules of Procedure. 1 II. MEETINGS 201. Quorum A quorum shall consist of a majority of the members qualified and serving on the Commission. 202. Agenda An agenda shall be prepared by the Director of Planning for each meeting of the Commission. The agenda shall include applications prepared and submitted according to ordinance and procedures provided herein. 203. Regular Meetings Regular meeting shall be held on Wednesdays as needed after proper notice is given as required by law. 204. Special Meetings Special meetings for any purpose may be held (1) on the call of the Chairman, (2) on the call of the Director of Planning, or (3) on request of three (3) or more Commissioners and by giving written notice to all members and the general public at least 72 hours before the meeting. 205. Public Meetings All meetings shall be held in full compliance with the provisions of State law, the Ordinances of the City and those Rules of Procedure. Any party in interest may appear in his/her own behalf or be represented by counsel or agent. III. OFFICIAL RECORDS 301. Definition The official records shall include those rulings and regulations, and the minutes of the Commission together with all findings, decisions, and other official actions. Neither stenographic notes of the Recording Secretary nor tape recordings or video tapes of proceedings and discussion shall constitute the official record of the Commission. 302. Recording of Vote The minutes of the Commission's proceeding shall show the vote of each member on each decision of the Commission, or if absent or failing to vote, shall indicate that fact. 2 303. Files All applications coming before the Commission shall be filed and maintained by the Director of Planning for as long as essential for permanent record. 304. Public Record The official minutes and applications presented to the Commission shall be on file in the office of the Director of Planning and shall be open to public inspection during customary working hours. IV. APPLICATION PROCEDURES 401. Application Types The Commission shall consider plats, plans, zoning amendments, and other matters related to City Planning as requested by the City Council, the public or City officials. 402. Application Required Applications for consideration and discussion by the Commission shall be complete before being placed on any agenda of the Commission. The Director of Planning may require a reasonable amount of documentation to complete the application in order for the Commission to clearly understand the application. The application, in sufficient copies, shall consist of maps, plats, and written descriptions as determined by the Director of Planning or City ordinance. Consideration of an amended application will be delayed until the next Commission meeting. 403. Filing Deadline A completed application shall be delivered to the Director of Planning no later than two (2) weeks prior to any scheduled meeting. Applications shall be placed on agendas as meeting time and space allow in the order they are received, but within thirty (30) days. V. CONDUCTION OF MEETINGS 501. Order of Business The Chairman shall call the Commission to order and the Recording Secretary shall record the members present and absent; minutes of prior meetings shall be considered for approval; reports of the Chairman and Director of Planning shall be received; and the public in general shall be heard as necessary;. The "Hear from the Public" agenda item is provided for individuals wishing to bring non - agenda matters to the • attention of the Commission. Comments received under "Hear from the Public" may 3 be limited in time to three (3) minutes per individual. 502. Vote Required A majority of the Commissioners which constitute a quorum at any meeting shall be necessary to approve or disapprove items of business; provided, however, that a majority shall be no less than three (3) members. VI. CERTIFICATION AND AMENDMENTS 601. Certified Copy A certified copy of these Rules and Regulations and of any amendments thereto will be placed on record in the office of the City Secretary within (10) days following their date of adoption. 602. Repealing Clause All previously adopted rules and regulations of the Commission shall be and the same are hereby expressly repealed. 603. Amendment Procedure Any proposed amendment to these rules shall be considered and favorably acted on by the Planning and Zoning Commission at two separate commission meetings prior to submitting such proposed amendment to the City Council for consideration. ADOPTED: This day of , 2002. Chairman ATTESTED: Secretary Filed in the office of the City Secretary this day of 2002 City Secretary City of Missouri City, Texas 4 CITY OF PFLUGERVILLE PLANNING COMMISSION RULES OF PROCEDURE Establishment and membership The Planning Commission has been established as required and governed by the City Charter of the City of Pflugerville, Article VIII, Sections 8.01 - 8.08. These Rules of Procedure shall in no way be interpreted to supercede the City Charter. Staff Attendance at Meetings The City Planning Director, or his designee, is to attend all meetings of the Commission in order to provide necessary administrative liaison and assistance as required by the Planning Commission. Officers The officers of the Planning Commission shall consist of a Chair and a Vice Chair. A Secretary is optional. Elections of Officers The Planning Commission shall elect a Chair and a Vice -Chair and may elect a Secretary. Elections shall be held every two years, no later than the second meeting in October. Duties of Officers A. Chair It shall be the duty of the Chair to preside at any regular and special meetings unless incapacitated or unable to attend for any other reason. The Chair may move, second and debate from the chair subject only to limitations placed on all members and shall not be deprived of rights and privileges of a commissioner by reason of his acting as Chair. B. Vice -Chair It shall be the duty of the Vice -Chair to preside at any regular or special meeting in the absence of the Chair. The Vice -Chair shall be empowered to perform any of the duties or responsibilities of the Chair in the absence or inability of the Chair to perform the duties of the office. C. Temporary Chair In case of the absence of the Chair and Vice - Chair, if a quorum is present they shall elect a Temporary Chair until the Chair or Vice -Chair appears. The Temporary Chair shall be empowered to perform any of the duties or responsibilities of the Chair in the absence or inability of the Chair and Vice -Chair to perform the duties of the office. D. Secretary It shall be the duty of the Secretary to monitor the attendance of the commissioners and to contact those who are absent from meetings without a valid excuse to make them aware of Section 8.05 of the City Charter. The Secretary shall also be responsible for updating the Rules of Procedure. Planning Commission - Rules of Procedure 01/07/03 Page 1 of 5 Scheduling of Meetings The schedule, includin_o anticipated holiday cancellations, is adopted annually as part of the Zonin_q Code Supplemental Schedule. The Commission shall hold a regular meetin• on the first and third Monda of each month at 7:00 •.m. in the Cit Council Chambers. , �, � ko kai1 - Work sessions may be held in place of regular meetings when no agenda items are presented for the Commission's consideration. Special meetings or work sessions may be called by either the Chair, by the Planning Department, or by a majority of the Planning Commission, as necessary, with 72 hours notice to all commission members. All meetings of the Planning Commission shall be open to the public. A meeting canceled because a quorum could not be assembled shall be rescheduled by the Planning Department on behalf of the Planning Commission. A regular Planning Commission meeting shall be canceled if no business is scheduled for discussion. The Planning Department shall notify the Planning Commission members if a meeting is to be canceled. Quorum and Voting A majority of the members of the Planning Commission shall constitute a quorum for the conduct of business. The procedure for all votes taken shall be a motion, a second and a call for discussion, followed by the vote. Votes regarding consideration of a rezoning shall be done by roll call, with individual responses recorded in the minutes. A tie vote shall be deemed a denial of the motion before the Planning Commission. Proxies cannot be used for any purpose. When a member(s) absents themselves from consideration of an item before the Planning Commission because of conflict of interest, the members) shall be considered present for purposes of maintaining a quorum. The record of voting on such items shall indicate the affected member(s) that abstained. A member may not vote on minutes of a meeting they did not attend. A member may not vote on the consideration of a rezoning if the member was not present at the public hearing for the rezoning, unless the member has read the minutes of the public hearing or has listened to or viewed a recording of the public hearing. Reconsideration of a Vote Any member of the commission, whether or not that member voted on the prevailing side, may make a motion to reconsider a vote taken by the commission. The motion is appropriate only where crucial information, not available at the time of the initial vote, is now available. The motion must be made before the announcement of the next agenda item by the Chair. A reconsideration cancels the previous vote as though it had never been taken. There may be only one reconsideration, even if the action of the Commission after reconsideration is opposite from the action of the Commission before reconsideration. Minutes of Meetings The Planning Department may keep a tape recording and shall keep written minutes for each of its regular meetings and any special meetings. The minutes shall be prepared by the Planning Department, and presented to the Planning Commission for approval. The tape recordings and approved minutes shall be maintained as public records in the Planning Department office. Planning Commission - Rules of Procedure 01/07/03 Page 2 of 5 Site Visits Site visits may be scheduled after a project has been submitted for review but before the Planning Commission's meeting. The Planning Department, not the applicant, is responsible for scheduling site visits for the Planning Commission. Individual members may visit sites on their own with or without the Planning Director present provided no applicant or other representatives of the applicant are present. If any relevant information is obtained and considered by members as a result of any site visit, such information shall be disclosed prior to any decision so that all participants at such hearing may be informed of the facts that influence the disposition of the case, and have an opportunity to respond. Work Sessions Work sessions provide an opportunity for project proponents to obtain informal comments on a proposal, or for the Planning Commission to discuss policy issues. No formal action is taken at work sessions. Work sessions may be included on a regular meeting agenda or a special meeting may be called. The Planning Commission shall include a written statement of the items discussed and any direction given in the minutes if the work session is a part of a regular meeting, or a summary to be filed with the agenda if the work session is held as a special meeting. Conduct of Meeting The business of all regular meetings shall be transacted in the following order unless by vote of majority of the members present the rules are suspended and the order changed: 1. Call to Order / Roll Call 2. Citizens Comments (Not Agenda Related Topics) 3. Reading of the Consent Agenda 4. Commission's Action on Consent Agenda 5. Public Hearings 6. Consideration of zoning amendments 7. Consideration of subdivision applications 8. Consideration of planning issues 9. Discuss and consider action on the following 10. Reports: Chairman and Staff 11. Future Agenda items 12. Adjournment Conduct of Public Hearing Members of the Planning Commission shall be recognized by the Chair before asking questions of the applicant, public, staff, or other Planning Commission members. A. Opening of the Hearing The Chair shall open the hearing. Prior to taking testimony, the Chair shall explain the procedure that will be used to conduct the hearing. B. Presentation of Staff Report After opening the hearing, Planning Department staff shall be afforded the opportunity to explain the nature of the project and present the staff report. Following presentation of the staff report, Planning Commission members may direct Planning Commission - Rules of Procedure 01/07/03 Page 3 of 5 questions concerning the report or project to staff after being recognized by the Chair. C. Presentation of Applicant's Case Following presentation of the staff report and any questions of the staff from the Chair, the applicant shall be afforded an opportunity to present evidence in support of their request and to rebut any issues or conditions identified in the staff report. Following the presentation by the applicant, Planning Commission members may direct questions concerning the report or project to the applicant after being recognized by the Chair. D. Public Testimony Following the applicant's presentation, the Chair shall invite testimony from the public in attendance at the hearing. Following a presentation by any member of the public, a Planning Commission member may direct question concerning the testimony to the applicant or public to clarify matters brought to the attention of the Planning Commission by the testimony after being recognized by the Chair. E. Deliberations by the Planning Commission The Planning Commission may elect to close the public hearing, or to continue the public hearing. The public hearing shall be closed by motion and majority vote of the Planning Commission. The Planning Commission may only deliberate a matter after the public hearing has been closed and a motion concerning the disposition of the application or matter has been made and seconded. During deliberations, the Planning Commission may direct questions to the application, staff, or public to 0.1 clarify issues of concern to the Planning Commission after being recognized by the Chair. F. Decision by the Planning Commission The Chair shall ask for a motion concerning the application of matter before the Planning Commission. After or during deliberations, when a motion is on the floor, any member or the Chair may call for the question. Upon a call for the question, the Chair shall ask for a vote of the members present. Every member present shall vote either "aye" or "no" or abstain from voting. For all decisions regarding consideration of a rezoning, the Chair shall call for a roll call vote to get individual responses from the members. Conduct of Members Planning Commission members shall abide by the rules of conduct set forth below. A. Conflict of Interest Members have the right and the obligation to vote on all questions before them and to participate in the business of the Planning Commission except when a conflict of interest exists, or there is a perception of a conflict of interest. (1) Notification of conflict of interest: Whenever the Planning Commission is considering a matter which raises a question of conflict of interest for a particular member, the member is responsible for alerting the Planning Department prior to the meeting of their situation. If, in the staffs opinion, there is a potential conflict of interest, the City Attorney shall be asked for an official opinion, which shall be Planning Commission - Rules of Procedure 01/07/03 Page 4 of 5 provided to the member prior to the meeting. Members are responsible for determining when a conflict of interest exists. Members are also responsible for alerting the Chair prior to commencement of the meeting. (2) Conduct at meetings where a member has a conflict of interest: If any member has a conflict of interest with any particular item, the member shall notify the Planning Commission and the public in attendance of the conflict of interest. The member shall not participate in either discussion or the voting on the item. (3) Minimizing conflicts: It is intended that situations resulting in conflict of interest for members shall be minimized. B. Ex parte Contacts Ex parte contacts are contacts between individuals seeking to influence a decision on a quasi-judicial matter and members of the Planning Commission outside the meeting forum. Such contacts include visits to sites proposed for development by one (1) or more members and the applicant or applicant's representative unaccompanied by planning staff, meeting with the applicant or applicant's representative separate from a Planning Commission meeting, or telephone calls or letters which attempt to influence a member's opinion on a quasi - judicial matter which will be subject to the member's vote It is understood that communications will and cannot be avoided. However, members shall attempt to avoid ex parte conversations and communications concerning site specific proposals such as rezonings, special uses permits, and *-- -r conditional use permits. Should any such ex parte contacts occur where relevant information is obtained and considered by a member, the ex parte contact and information obtained shall be disclosed at the public hearing or meeting so that participants at such hearing or meeting may be confronted with all facts that influence the disposition of the case and have an opportunity to respond. Open Meetings Meetings of the Planning Commission including site visits shall be open to the public except as provided by law. Open Records Information presented to the Planning Commission in carrying out their responsibilities, records of their meeting, and any other material resulting from the conduct of their activities shall be kept on file in the City of Pflugerville's Planning Department office, and shall be available for inspection by the public upon reasonable request, except provide by law. Amendments to the Rules of Procedure Any member of the Planning Commission or the Planning Department may propose amendments to the rules of procedure. An amendment must be approved by a majority of the entire membership to become effective. Planning Commission - Rules of Procedure 01/07/03 Page 5 of 5 \,‘ BYLAWS OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SAN MARCOS ARTICLE I. NAME The name of the Commission shall be "The Planning and Zoning Commission of the City of San Marcos, Texas." Within these Bylaws this commission may be referred to as either the "Planning and Zoning Commission" or "the Commission." ARTICLE II. PURPOSE, AUTHORITY, AND DUTIES Section 1. The Planning and Zoning Commission is responsible for the orderly growth and physical development of the City of San Marcos and its extraterritorial jurisdiction through the implementation of the community's Master Plan and related land use and development ordinances. Section 2. The Planning and Zoning Commission shall have the powers and duties expressly granted to it under Article VII of the City Charter of the City of San Marcos, the ordinances of the City of San Marcos, and the laws of the State of Texas. ARTICLE III. MEMBERSHIP, TERMS, QUORUM, ATTENDANCE Section 1. The Planning and Zoning Commission shall consist of nine members appointed by the City Council. Seven members shall be residents of and own real property in the City. One member shall be a resident of and own real property within the extraterritorial jurisdiction of the City. One member shall be a resident of and owner of real property in either the City or the extraterritorial jurisdiction of the City. Members of the Commission shall serve without compensation. Section 2. Each Commission member serves a three -year term. Terms are staggered so that three of the members' terms expire in any given year. Terms expire on the last day of October. Commission members shall be eligible to serve a maximum of two full terms. If a person is appointed to fill an unexpired term of more than eighteen months, the person will serve the remainder of that term and shall be eligible for reappointment for no more than one full term. If a person is appointed to fill an unexpired term of less than eighteen months, the person shall be eligible for reappointment for no more than two full terms. Section 3. A quorum shall be no less than five members. No business shall be conducted or actions taken without a quorum of the membership present except to call the meeting to order, take roll, declare that a quorum is not present, set time and date of next meeting, and either recess or adjourn the meeting. Section 4. Absences from meetings shall be governed by Section 2.069 of the City Code. ARTICLE IV. OFFICERS Section 1. The offices of Commission Chair, Commission Vice - Chair, and Recording Secretary are established. The Commission shall elect a Chair and Vice Chair at the first regular meeting in November of each year. The Commission shall also confirm, as needed from time to time to fill a vacancy, the Director of Planning's appointment of a Recording Secretary. The Recording Secretary shall be a member of the Planning and Development Services Department staff and shall not be a member of the Commission. Section 2. The Chair shall: (a) preside at all meetings of the Commission; (b) call special meetings of the Commission in accordance with Article V of these bylaws; (c) sign official documents of the Commission; (d) appoint special committees of the Commission; and, (e) see that all actions of the Commission are properly taken. Section 3. The Vice -Chair shall, during the absence, disability or disqualification of the Chair, perform all the duties of the Chair. Section 4. In the event that both the Chair and Vice -Chair are absent from any one meeting, the remaining members of the Commission shall elect a temporary Chair to preside over the meeting. Section 5. In the event of a vacancy in an unexpired term of the Chair, the Vice -Chair will automatically become the Chair and hold an election to fill the unexpired term of the Vice - Chair. Likewise, in the event of a vacancy m an unexpired term of the Vice - Chair, the Chair will hold an election to fill the unexpired term of the Vice - Chair. If both the Chair and Vice -Chair seats are vacated simultaneously, the remaining members of the Planning Commission will hold an election to fill both unexpired terms of office. Section 6. The Recording Secretary shall: (a) post the agenda for all meetings of the Commission; (b) give or serve all public notices as required by law; (c) attend the meetings of the Commission and record all votes or other actions taken by the Commission; (d) prepare the written minutes in accordance with the provisions of Article VI, Section 2 of these bylaws; (e) be the custodian of all Commission records; (f) sign and attest to the signature of the Chair on all official documents of the Commission; (g) ensure the proper recordation of subdivision plats and other documents requiring filing with the County Clerk's office. ARTICLE V. COMMISSION RECORDS Section 1. A public record shall be maintained of all Commission proceedings. The recording secretary, pursuant to the duties outlined in Article IV, Section 6, shall be responsible for maintaining all Commission records. All records of the Commission shall be subject to applicable State laws governing the records of a public board. Section 2. Meeting minutes shall be prepared after each Commission meeting and permanently maintained in the Planning and Development Services Department of the City. Meeting minutes shall be considered draft minutes until the Commission takes formal action to approve the minutes. Meeting minutes shall be a concise record of each agenda item, the action taken on each item, and a listing of those who spoke regarding each items. The minutes shall reflect only a short abstract of the position taken by each speaker, and shall be neither a verbatim transcript nor a lengthy description of the discussion. Meeting minutes shall accurately reflect all motions and seconds, along with how each member votes on each motion, and the results of the vote taken on each motion. Where substitute motions Planning and Zoning Commission Bylaws — June, 2000 2 or motions to reconsider are made, such motions and the votes on those motions shall also be reflected in the meeting minutes. Section 3. Each Commission member shall have an obligation to check the meeting minutes for accuracy prior to the meeting at which the minutes will be considered for approval. If a Commission member has more than seven corrections or amendments to make to a given set of minutes, the member shall report the corrections, in writing, to the Recording Secretary prior to the meeting. When the approval of minutes is subsequently called up for discussion, the Recording Secretary shall announce that written corrections have been received and the Commission shall automatically table the minutes to the next meeting without further discussion. Six or fewer corrections may be offered and voted on at the meeting where the minutes are being considered. Approved minutes shall be signed by all members who attended that meeting. Section 4. Commission meetings shall be recorded on audio tape. The tapes of Commission meetings shall be retained for the period of time prescribed by State law. The Commission Chair shall require that each person coming before the Commission identify himself or herself for the record prior to addressing the Commission. ARTICLE VI. MEETINGS, RULES OF CONDUCT Section 1. The regular meetings of the Planning and Zoning Commission shall be on the second and fourth Tuesdays of each month at 7:00 p.m. Section 2. Additional or special meetings of the Commission may be held at any time upon the request of either the Chair, the City Council or a majority of the members of the Commission. Such meetings shall follow at least seventy-two hours of notification to Commission members and the public. Section 3. All meetings of the Commission shall be conducted in accordance with the Texas open meetings law, Article 6252 -17, Vernon's Texas Civil Statutes. Section 4. Regular meetings of the Commission may be canceled by the Director of Planning, with the consent of the Chair, if both of the following criteria are met: (a) no new items requiring the Commission's attention have been submitted by the public as of 5 p.m. of Monday, three weeks prior to any regular meeting date; and (b) the Chair, a majority of the Commission membership, or the Director of Planning have not submitted any items for discussion as of ten days prior to any regular meeting date. Section 5. The Commission may vote to reschedule or cancel the dates of regularly scheduled meetings to avoid conflicts with holidays or for other special circumstances. The rescheduling or canceling of regular meetings shall be done at least 30 days in advance of the regularly scheduled meeting date. Section 6. Except as provided in these bylaws, the rules of conduct contained in the most current edition of Robert's Rules of Order Revised shall govern the meetings of the Planning and Zoning Commission. Section 7. Members, including the Chair and Vice - Chair, shall have the right to vote on all matters coming before the Commission, except for those matters on which the member has a conflict of interest. Voting shall be by roll call vote and the order of voting is to be rotated with each item. Section 8. Any member of the Planning and Zoning Commission who has a conflict of interest, as defined in Chapter 2, Article V of the City's Code of Ordinances or State law, concerning a matter that is on the agenda of the commission shall: (a) publicly announce the nature of the conflict immediately after the agenda item has been called up for discussion or action; (b) leave the room during the discussion of the item; and Planning and Zoning Commission Bylaws — June, 2000 3 (c) refrain from any discussion or voting on the matter. Section 9. Any member of the Planning and Zoning Commission who does not legally have a conflict of interest but would like to avoid the appearance of a conflict of interest may elect to follow the procedure established in Section 9 of this Article. Section 10. Members shall have an obligation to vote on all matters coming before the commission unless the provisions of Sections 8 and 9 of this Article apply or the member was absent during the discussion of the matter. Section 11. Members shall not represent themselves or any other person, group or interest before the Commission, the Zoning Board of Adjustments and Appeals or the City Council on any matter involving land use or development. This provision shall not preclude a member from representing an interest in his or her homestead. Members may represent an interest in their own property before the City Council. Members may represent the Commission in reporting on the activities of the Commission to the Zoning Board of Adjustments and Appeals or the City Council. ARTICLE VII. COMMITTEES Section 1. Committees, standing or special, may be established or abolished by the direction of a majority of the entire membership of the Commission. Section 2. The Chair shall appoint members of all committees. ARTICLE VIII. AMENDMENTS These rules may be amended at any meeting by a vote of the majority of the entire membership of the Commission provided a minimum of seventy-two hours notice of the intent to change the bylaws has been given to the public and each member of the Commission. PASSED, APPROVED AND ADOPTED by the City of San Marcos Planning and Zoning Commission on this the 27th day of June, 2000. Attest: Robert T. Mooney Brenda Smith Chair, Recording Secretary Planning and Zoning Commission Planning and Zoning Commission Bylaws — June, 2000 4 4, 11151111111111 CITY OF COLLEGE STATION Planning u' Development Services AGENDA Regular Meeting Planning and Zoning Commission Thursday, November 18, 2004, at 6:30 p.m. Council Chambers, College Station City Hall 1101 Texas Avenue College Station, Texas 1. Hear Citizens. At this time, the Chairman will open the floor to citizens wishing to address the Commission on planning and zoning issues not already scheduled on tonight's agenda. The citizen presentations will be limited to three minutes in order to accommodate everyone who wishes to address the Commission and to allow adequate time for completion of the agenda items. The Commission will receive the information, ask city staff to look into the matter, or will place the matter on a future agenda for discussion. (A recording is made of the meeting; please give your name and address for the record.) All matters listed under Item 2, Consent Agenda, are considered routine by the Planning and Zoning Commission and will be enacted by one motion. These items include preliminary and final plats, where staff has found compliance with all minimum subdivision regulations. All items approved by Consent are approved with any and all staff recommendations. There will not be separate discussion of these items. If any Commissioner desires to discuss an item on the Consent Agenda it will be moved to the Regular Agenda for further consideration. 2. Consent Agenda. 2.1 Consideration, discussion, and possible action on a revised Preliminary Plat for Horse Haven EstatesPhase II, consisting of 63 lots on 14.58 acres, generally located at Earl Rudder Freeway and Horse Haven Lane. (04 -234 JP /ST) 2.2 Consideration, discussion, and possible action on a Final Plat — Residential for the Terrace Pines Subdivision consisting of one lot on 8.986 acres located on the eastern corner of the intersection of Dartmouth and Krenek Tap. (04 -244 MH /ST) Regular Agenda. 3. Consideration, discussion and possible action on request(s) for absence from meetings. — Bill Davis (Request for the November 4, 2004 Meeting) Ben White John Nichols P&Z Regular Agenda November 18, 2004 Page 1 of 2 4. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. 5. Public hearing, discussion, and possible action on a Rezoning for Lot 2, Block A and Lots 1 & 2, Block B of the Haney- Highway 6 Subdivision consisting of 5.69 acres generally located near the Northeast corner of Texas Avenue at Deacon to amend the current PDD Planned Development District to include Vehicle Rental as a permitted use. (04 -248 JP). 6. Discussion and possible action on future agenda items — A Planning and Zoning Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. 7. Adjourn. Consultation with Attorney {Gov't Code Section 551.071} ; possible action. The Planning and Zoning Commission may seek advice from its attorney regarding a pending and contemplated litigation subject or attorney - client privileged information. After executive session discussion, any final action or vote taken will be in public. If litigation or attorney - client privileged information issues arise as to the posted subject matter of this Planning and Zoning Commission meeting, an executive session will be held. This building is wheelchair accessible. Handicapped parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call 979 - 764 -3517 or (TDD) 1- 800- 735 -2989. Agendas posted on Internet Website http: / /www.cstx.gov and Cable Access Channel 19. P &Z Regular Agenda November 18, 2004 Page 2 of 2 Consent Agenda 2.1 Revised Preliminary Plat Horse Haven Estates Phase II STAFF REPORT Project Manager: Jennifer Prochazka, Staff Planner Date: November 8, 2004 Email: jrochazka@cstx.gov Item: Consideration, discussion, and possible action on a revised Preliminary Plat for Horse Haven Estates Phase II, consisting of 63 lots on 14.58 acres, generally located at Earl Rudder Freeway and Horse Haven Lane. Applicant: Greg Taggart, Municipal Development Group, agent for owner Staff Recommendations: Staff recommends approval of the Preliminary Plat with the condition that all Staff Review Comments No.3 are addressed, the Preliminary Plat revised accordingly. Item Summary: This item is for consideration of a revised Preliminary Plat in preparation for residential development. The applicant is proposing 63 R -1 Single Family Residential lots and several reserve tracts. Approval of this item will replace the Preliminary Plat, showing 58 lots, approved for the property on September 2, 2004. The previous Plat was approved with the �---, condition that public connection be made to the adjoining greenway. The applicant has shown access to the greenway to the south and to the east. The access easements provided on the plan should be Public Access Easements. Staff is concerned about the potential fencing of these access points as currently shown on the Plat. The Preliminary plat is in compliance with the approved Master Plan and the Subdivision Regulations. Comprehensive Plan Considerations: The Land Use Plan designates the majority of this property as Single - Family Residential Medium Density and Floodplain / Streams. The 100 -year floodplain is shown as proposed greenway on the Preliminary Plat. Appomattox is shown as a minor collector on the Thoroughfare Plan. The applicant has provided sufficient right -of -way for the extension of Appomattox to the northern property. While discussions of whether Appomattox should stay on the plan as a minor collector are on- going, this plat is meeting the current Thoroughfare Plan. Item Background: The property was annexed in 1977 and zoned A -O at that time. The property was rezoned to R -1 Single Family Residential earlier this year. A Master Plan of this property and the surrounding area was also approved earlier this year. In addition, numerous illegal subdivisions of land have occurred over the years. Budgetary & Financial Summary: N/A Related Advisory Board Recommendations: The Parks Board recommended fee in lieu of land dedication with the condition that a pedestrian access way is provided for the residents of Horse Haven Estates to access Windwood Park. This will either be accomplished by way of pedestrian walk way at the end of Horse Shoe Drive in Phase III of the development or with the extension of Appomattox. Commission Action Options: The Commission has final authority over the Preliminary Plat. The options are: • Approval • Denial Supporting Materials: 1. Location Map 2. Aerial 3. Application 4. Staff Review Comments No. 3 5. Infrastructure and Facilities 6. Copy of Preliminary Plat • •• } • � ems, Z� 4 # * A 4 a. 11# 4 I 1,### .t * /10 Al4 c) ►`r cNi Yi 441 4 / :15 11#■ wcn e 2 #b* 4 At * 4, Qt- ?-st ff 4 4� ♦� ♦e �I♦ te r ' o� t* e I 6 *40 7gi— P • :* Q II � • 0)2 1 • p � ? • O (O U a z �� O FOR OFFICE USE ON Y \ / P&Z CASE NO.: A CO11 EGE STATION ��� DATE SUBMITTED: idi'3rM PRELIMINARY PLAT APPLICATION 4' The follow in g items must be submitted by an established filing deadline date for P & Z Commission con eration. MINIMUM SUBMITTAL REQUIREMENTS: Filing Fee of $400.00. ft/A Variance Request to Subdivision Regulations - $100 (if applicable) ✓ Application completed in full. Thirteen (13) folded copies of plat. (A revised mylar original must be submitted after staff review.) One (1) copy of the approved Master Plan if applicable. ✓ A copy of the attached checklist with all items checked off or a brief explanation as to why they are not. NE Rezoning Application if zone change is proposed. X Parkland Dedication requirement approved by the Parks & Recreation Board, please provide proof of approval (if applicable). Pre vi o Sabot i'/f Date of Preapplication Conference: _ � NAME OF SUBDIVISION 140V Se 1 -rate mot.. /E 4 rks Pk. 2 / 3 l SPECIFIED LOCATION OF PROPOSED SUBDIVISION 2 ? ° f rse (-Lie 1444 r 65. Tk 778aC APPLICANT /PROJECT MANAGER'S INFORMATION (Primary Contact for the Project): Name 6 Fe'GJ1-ci 1 r GM47 ) - Street Address oZ SSi -r.c -beS , ( 5 4 ` City GOL('ee S 61410 State T)C Zip Code 716 eVC I E -Mail Address 1M49 c• - h @ L (4 io0 . (f6 Phone Number ('7q) (0g 3 - 5351 Fax Number OM CI " 42-43 PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple owners): G �S 'r BKr-t {{e rW►aKl� Name Al f . i=-, 04t uooseQ eS c�p ,OG Street Address Po &1C V n 4 t City 67a. S'f4+111.1. State Zip Code 7754z., E -Mail Address Phone Number (Q (5 01 Fax Number 6 " o29:4' ARCHITECT OR ENGINEER'S INFORMATION: Name ){O,IcLP14t. OcQetor Iticev4f6vDt1 , bt. ` Si -tom 1 T tt 1 % City C.O u Street Address � (��S /` ftl� 1 Y �, [ e 9et+1 State PC Zip Code 1784 E -Mail Address ItM CS `7V latter •� Phone Number 47 eg -. S1 Fax Numbed tit) GPt 3 4243 6/13/03 1 of 4 1,17t7 • Total Acres Of Subdivision g R -O-W Acreage 14/ Total # Of Lots 6 °Z- Number Of Lots By Zoning District 4- Average Acreage Of Each Residential Lot By Zoning District: I'4` / Floodplain Acreage ( it, C Parkland dedication by acreage or fee? A statement addressing any differences between the Preliminary Plat and approved Master Plan (if applicable) _ Sf Cg vt h e / ovf iS c crt sr .6-e ffe ac 4 Requested variances to subdivision regulations & reason for same AVA Requested oversize participation /pt 1 Parkland Dedication due prior to filing the Final Plat: *--1 ACREAGE: N/A # of Acres to be dedicated # of acres in floodplain # of acres in detention # of acres in greenways OR FEE IN LIEU OF LAND: # of Single - Family Dwelling Units X $556 = $ 3 t 47 Z (date) Approved by Parks & Recreation Board The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true and correct. The undersigned hereby requests approval by the City of College Station of the above identified plat and attests that all respective owners have been identified on this application. • 4 0Q,4-- az:04 Si ture a Title Date / 6/13/03 2 of 4 STAFF REVIEW COMMENTS NO. 3 Project: HORSE HAVEN ESTATES PH 2 (PP) - 04- 00500193 ENGINEERING 1. Public Utility Easements are to be provided on the Preliminary Plat to meet the requirements of 8 -1.2 of the Subdivision Regulations. It is understood that they are not being shown here for clarity. 2. Lot 13, Block 3, Phase 3 is required to have a minimum buildable area due to its irregular shape. As shown, the buildable area of is less than the minimum required when the 15' drainage easement is provided for the proposed storm sewer. The storm sewer would need to be rerouted in order to make this lot buildable. 3. The subject property has numerous existing structures that are required to be removed in order to plat the property. These structures will be required to be removed in order to file the Final Plat of the phase in which the structure is located. 4. The utility plan as shown is not approved with approval of the Preliminary Plat. All utilities must be designed to meet the Unified Design Guidelines. The required reports must show compliance. The Guidelines prohibit dead - end waterlines. The previous Preliminary Plat was approved with these same conditions. 5. The Commission requested an access easement to the future Bikeway and Parkland. In light of this, the access easements provided on the plan should be Public Access Easements. There is a concern about the potential fencing of these easements, as shown. You may wish to consider designating this space as "Common Area" and relocating lot lines. 6. Please note, all phases of the project must "stand alone" in regard to utilities and access. Reviewed by: Spencer Thompson & Jennifer Prochazka Date:11 -8 -04 INFRASTRUCTURE AND FACILITIES Water required for development: There is an existing 8 -in water line along Horse Haven Lane. This line is to be extended to provide fire coverage and domestic uses. Water Service: Water service to be provided to each lot and proposed structure. Sewer required for development: There are two existing sewer mains within the property boundaries. Sanitary sewer system is to be extended as shown on plat. Sewer Service: Sewer service to be extended to each lot. Street/Access required for development: Access is to be provided to each lot. Appomattox is required per the T -fare Plan. Off -site Easements required for development: None known to be needed at this time. Numerous abandonments to occur for Final Plat. Drainage: Drainage is generally to Wolf Pen Creek. Some to Carters Creek. Flood Plain: Wolf Pen Creek and Carters Creek floodplains are on the --� subject site, as shown. No Tots are proposed in the floodplain. Oversize request: None requested at this time. Impact Fees: None Parkland Dedication Fees: The Parks Board recommended fee in lieu of land dedication with the condition that a pedestrian access way be provided for the residents of Horse Haven Estates to access Windwood Park. This will either be accomplished by way of pedestrian walk way at the end of Horse Shoe Drive in Phase III of the development or with the extension of Appomattox. Consent Agenda 2.2 Final Plat Terrace Pines Subdivision STAFF REPORT Project Manager: Molly Hitchcock Date: November 18, 2004 Email: mhitchcock ©cstx.gov Item: Consideration, discussion, and possible action on a Final Plat for the Terrace Pines Subdivision consisting of one lot on 8.986 acres located on the eastern corner of the intersection of Dartmouth and Krenek Tap. Applicant: Lankford Interests, LLC Staff Recommendations: Staff recommends approval of the Final Plat with the condition that the Plat be revised as needed to address the attached Staff Review Comments #2. Item Summary: The subject property is being platted for the development of an age - restrictive (fifty -five and older) apartment community. The property is surrounded by unplatted R-4 property to the east (developed as single family) and platted R -2 Duplex and R -3 Townhouse property to the north (a mixture of undeveloped lots, duplexes, and single family). Comprehensive Plan Considerations: While the Land Use Plan designates the area for Single Family Medium Density, the property is zoned R-4 Multi- Family. It is located in the newly created Krenek Tap Overlay District, which will regulate design standards at time of Site Plan. It was included in the original City Centre Plan, but the property on the north side of Krenek Tap has since been removed from the plan. Dartmouth is a minor arterial and Krenek Tap is a minor collector. The City has been working with the applicant to gain landscape easements along Dartmouth and Krenek Tap so that the City may provide plantings leading to the future entrance of the City Centre. Related Advisory Board Recommendations: At their November 9, 2004 meeting, the Parks Board agreed to accept a fee in lieu of land for this project. Supporting Materials: 1. Location Map 2. Aerial 3. Application 4. Infrastructure and Facilities 5. Staff Review Comments #2 L°' -- a c""".." w a G M 1 o c: W V cs MI d _ W L? ZO r, >L (s -J s • •� — ' U W Ct _� W 4 AT. T s trr . S'- _ a �' n � pry ` � , ® ) '215.- r... - 6. 1 '4• ? , ? 4 lio - .4.„s ,Aw," ..,A. A s ry .‘,.. , . 4 , 4R-•, ,.,,..,-. .,. .:. ..,z,..„ ..: :-Nk At; _4. . 40 #4 4 ,4e* itte. lo 4:qc.„,it,,,,, - ,sk.',C :;:. ,,x 0 ,... 8., _....... 41 , - 41p, , ,, t , 4e# I tt■ ,, ,--Aio t, ... . 1 /44 , v im o 411 OZ 4, X 10' e ms a o Et 4t 2419 < V — o rzi _ � °S �o) -�� ' L F ® 1�O N G � ® e , ? ^ ' • W 4-i '-'z Ii cr. , Ni • 4 , 410 rli OW Itilhh. a ti 5� c i+ o ,,,,,,, 8 0 ,4% . mt ,.$ A fith - ._-- tr 11 .0iNvis. 6 lipi? 305 a � ♦ % � ; • .-.4.47.. .,—,.,-,; * 3,46,h. Ap ... ., gassnomes 041._„,±430awimk. -.' 1 FOR OFFICE USE O Y ` P8Z CASE NO.: V 4 '"( ►ccr sinnoN DATE SUBMITTED: it Mr FINAL PLAT APPLICATION (Check one) ® Minor ❑ Amending ❑ Final ❑ Vacating ❑ Replat ($300.00) ($300.00) 0400.00) 0400.00) 0600.00)* *Includes public hearing fee The following items must be submitted by an established filing deadline date for P8Z Commission consideration. I MINIMUM SUBMITTAL REQUIREMENTS: X Filing Fee (see above) NOTE: Multiple Sheets - $55.00 per additional sheet Variance Request to Subdivision Regulations - $100 (if applicable) Development Permit Application Fee of $200.00 (if applicable). Itir Infrastructure Inspection Fee of $600.00 (applicable if any public infrastructure is being constructed) A pplication completed in full. N opy of original deed restrictions /covenants for replats (if applicable). ✓ Thirteen (13) folded copies of plat. (A signed mylar original must be submitted after staff review.) NA-One (1) copy of the approved Preliminary Plat and /or one (1) Master Plan (if applicable). • X Paid tax certificates from City of College Station, Brazos County and College Station I.S.D. ✓ '( A copy of the attached checklist with all items checked off or a brief explanation as to why they are not. Two (2) copies of public infrastructure plans associated with this plat (if applicable). Parkland Dedication requirement approved by the Parks & Recreation Board, please provide proof of lit approval (if applicable). ■, Date of Preapplication Conference: NAME OF SUBDIVISION Pine Terrace Subdivision SPECIFIED LOCATION OF PROPOSED SUBDIVISION Southwest Parkway and Krenek Tap Road In the Morgan Rector Survey, A -46 APPLICANT /PROJECT MANAGER'S INFORMATION (Primary Contact for the Project): Name Lankford Interests, LLC Street Address 4900 Woodwav, Suite 750 City Houston State TX Zip Code 77056 E -Mail Address mtcaldwell( lankfordinterests.com Phone Number 713 - 626 -9655 Fax Number 713- 621 -4947 PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple owners): Name same Street Address City State Zip Code E -Mail Address Phone Number Fax Number ARCHITECT OR ENGINEER'S INFORMATION: Name Kling Engineering & Surveying Street Address 4101 S. Texas Ave. Suite A City Bryan State TX Zip Code 77802 E -Mail Address stewartgklingenq.com Phone Number 979 - 846 -6212 Fax Number 979 - 846 -8252 6/13/03 1 of 6 Is there a temporary blanket easement on this property? If so, please provide the Volume and Page # Acreage — Total Property , 8.986 Total # Of Lots 1 R -O -W Acreage None >ting Use: vacant Proposed Use: R -4 MuIti - Familv Number Of Lots By Zoning District / / / Average Acreage Of Each Residential Lot By Zoning District: / / / / Floodplain Acreage None A statement addressing any differences between the Final Plat and approved Master Plan and /or Preliminary Plat (if applicable): Requested Variances To Subdivision Regulations & Reason For Same: None Requested Oversize Participation: No Total Linear Footage of Parkland Dedication due prior to filing the Final Plat: • Proposed Public: J J IA ACREAGE: Streets i Sidewalks # of acres to be dedicated + $ development fee Sanitary Sewer Lines # of acres in floodplain Water Lines # of acres in detention Channels # of acres in greenways Storm Sewers OR Bike Lanes / Paths FEE IN LIEU OF LAND: # of Single- Family Dwelling Units X $556 =$ (date) Approved by Parks & Recreation Board NOTE: DIGITAL COPY OF PLAT MUST BE SUBMITTED PRIOR TO FILING. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct, and complete. The undersigned hereby requests approval by the City of College Station of the above - identified final plat and attests that this request does not amend any covenants or restrictions associated with this plat. lo7 /0 V Signature and itle Date 6/13/03 3 of 6 INFRASTRUCTURE AND FACILITIES Water required for plat: The property is currently served by an 8 -in water line that was installed by the City during the construction of Dartmouth and a 6 -in line along Krenek Tap. Sewer required for plat: The property is served by the sewer main along Krenek Tap. Streets /Access: Access will be taken from Krenek Tap. Drainage: The development is required to comply with the City's Drainage Ordinance. Flood Plain: None on -site. The site drains to the Bee Creek floodplain to the south. Oversize request: None. Impact Fees: None Parkland Dedication Fees: Parkland Land and Development fees are required with Building Permits since the site is developing as multi - family. STAFF REVIEW COMMENTS NO. 2 Project: PINE TERRACE SUBDIVION (FP) - 04 -244 ENGINEERING 1. Please add a 6 -ft. Landscape Easement along Krenek Tap from the corner of Dartmouth to the proposed driveway location. 2. Please remove all building lines from the Final Plat. 3. Please add a 10 -ft. PUE abutting lots 17 and 18 Block 2 of Dartmouth Crossing at the rear of the property that is needed to meet Subdivision requirements. Please remove all other PUE's that are Site Plan related that are shown to be dedicated with this plat. There are a number of concerns with structures in the easements, water meter location, private utilities in easements, etc. 4. A Temporary Blanket Easement shall be dedicated for the Site Plan development. To release the TBE all PUE's will need to be dedicated. The City may wish the easements be dedicated by plat (replat) at that time. Reviewed by: Spencer Thompson/ Molly Hitchcock Date: 11/8/04 Consent Agenda 3 1 Absence Requests »> "George Davis" <Davis.GK @worldnet.att.net> 11/5/2004 8:52:11 AM »> Deborah Sorry I have not kept you informed of our situation here in Florida - Things got a little hectic and I just now retrieved my phone numbers and e-mail addresses. My Father, George K Davis, died Oct 27th. I was not able to be back for the November 4th Planning and Zoning meeting. Please consider this an official request for absence from that meeting. I am scheduled to return to College Station on November 9th. Bill Davis Commissioner 4# 11151111111111 CITY OF COLLEGE STATION Development Services Absence Request Form For Elected and Appointed Officers Name Ben White Request Submitted on 14 October 04 I will not be in attendance at the meeting of 18 November 04 for the reason(s) specified: Traveling out of state Signature This request shall be submitted to Deborah Grace one week prior to meeting date Fax 764 -3496. City of College Station, 1101 Texas Avenue, College Station, Texas 77840 Attn: Deborah Grace o:counciUabsenreq,doc 11/05/04 12:44 $409 862 3019 RUSS -AMER PROJ Q002 4 CITY OF COLLEGE STATION Planning d Development Services Absence Request Form For Elected and Appointed Officers Name John P. Nichols Request Submitted on Date: November 5, 2004 I will not be in attendance at the meeting of November 18, 2004 for the reason(s) specified: (Date) ._.� I will be traveling out of town on business. Signature This request shall be submitted to Deborah Grace one week prior to meeting date. Fax 764 -3496. City of College Station, 1101 Texas Avenue, College Station, Texas 77840 Attn: Deborah Grace o :counciIabsenreq.doc Regular Agenda 5 -- Public Hearing — Rezoning Haney- Highway 6 Subdivision STAFF REPORT Project Manager: Jennifer Prochazka, Staff Planner Date: November 8, 2004 Email: jrochazka@cstx.gov Item: Public hearing, discussion, and possible action on a Rezoning for Lot 2, Block A and Lots 1 and 2, Block B of the Haney- Highway 6 Subdivision consisting of 5.69 acres generally located near the Northeast corner of Texas Avenue at Deacon to amend the current PDD Planned Development District to include Vehicle Rental as a permitted use. Applicant: S.F. Sanders, property owner Staff Recommendations: Staff recommends approval of the rezoning to add Vehicle Rentals as an accessory use on the property. Item Summary: In 1988 this property was rezoned from A -P to C -3 after an agreement was reached between the residents of Mile Drive and the owners of the subject property. The agreement included a greenbelt reserve and an adjacent access easement to serve as a 70 -foot setback from the residential property for future structures on this site, and C -3, a Tess intense commercial district. Mini - storage was no longer a permitted in C -3 with the adoption of the Unified Development Ordinance. A PDD zoning was requested on this property to allow the construction of the mini - storage development that is now in its second phase. Staff recommended approval of the original PDD because the purpose was to restore an agreement between the owners of the subject property and the adjacent Mile Drive neighborhood. The resulting PDD has a combination of uses from the original agreement and uses in the current C -3 zoning district in the UDO. The property owners now see a need to provide truck rental on their property. This use was permitted in the original agreement between the land owners and the Mile Drive residents. Staff feels that it should be permitted on a limited basis and is therefore recommending that it be permitted as accessory to the principle use on the property. Comprehensive Plan Considerations: The Land Use Plan designates this property as Retail Neighborhood. Texas Avenue is a major arterial and the East Bypass is designated as a Freeway on the Thoroughfare Plan. Item Background: Commercial zoning on this property has been contentious in the past. Prior to the recent PDD rezoning, staff, Mile Drive residents, and the property owners met and agreed on uses to be included in the PDD. 1976 - C -1 request denied 1978 - C -1 request denied 1979 - C -1 and A -P request approved with the A -P as a buffer between the commercial property and the neighborhood 1982 - Planning and Zoning Commission initiated a rezoning to A -P for the whole tract after a petition by the Mile Drive residents requested that no commercial development be allowed on the Haney tract 1984 - C -1 request denied 1985 - C -1 request denied 1985 - C -3 request denied 1988 - C -3 was approved with the support of the neighborhood and the addition of a greenbelt between the commercial property and the neighborhood. 1988 - The property was replatted to reflect the greenbelt that was a condition of the C -3 rezoning. 2004 - PDD approved on property to restore original agreement with the adjacent neighborhood The Commission acts as a recommending body on the questions of rezoning. The Commission may recommend that the Council: 1. Recommend approval as submitted; 2. Recommend denial; 3. Table indefinitely; or, 4. Defer action to a specified date. Supporting Materials: 1. Location Map 2. Application 3. Infrastructure and Facilities 4. Uses approved with current PDD N. „ M 0, yJ i4 o N N 111\\ ■•■••.- A 00 'Tr N d� O ei STATE HWY 6 - (EARL RUDDER FREEWAY SOUTH) a0 CS U Ile allifts, /� a , —, --,- 4 ,..... Y t g. 4 4 ..,, w ft, ...., W V* 4.",-..4-"- 1 Q {LT} � � 410 ✓. X11; (,► P F 0 j ° O 0 • II P ' �0 w 9 Q a .� 4 .r. r . ± . :5,,,_, _, WI C/1 ,-. .4* v. , .. ',- c: ., ''''' 0 e I O 0 1 1. ES-1" ^-1 `10 IX 441‘ t:\ \ h �' h ° O 1 11 ' �' 1�1 ' ', r ,,,,,... ..__,,,„ , ,v wli it c v w a 1 4 E cr 4 • I 1 #4_ . % . - - :E,,, ... 0„ ,,,,, a, � C �� A qTh e ; � L � `��{"y� razz '\''' e'3 , ; i ' \ �R "":: t ` r/l � / o ''� ^ rol • i�l �" r - `� O Q // , Ali ,, goll til C 'u #; c� �� ^ mil pl/ s • d itik . 4 • -4. ""),..., -- VI , • d: p yr: 400 1111111 1 "NW 4#44#.4/ cr 11 41 , .:-__, ,,,.:, 6 • .ft, /,,,,,...1 9 a,' c7 .P; lb 0401. 1 J -J _Y` i h SN,,; lir eta, .1,,,-....-„, P y v "' / pli 9 r. b V FOR OFFICE USE ONLY � Of y CASE NO. 04 — Ci F DATE SUBMITTED /0 ° g ( " ; - - 'LLEGE STATION ZONING MAP AMENDMENT (REZONING) APPLICATION MINIMUM SUBMITTAL REQUIREMENTS If a petition for rezoning is denied by the City Council, another application for rezoning shall not be filed within a period of 180 days from the date of denial, except with permission of the Planning & Zoning Commission or City Council. The following items must be submitted by an established filing deadline date for consideration: ✓X Application completed in full. X $500.00 application fee t/SC Two (2) copies of a fully dimensioned map on 24" x 36" paper showing: a. Land affected; b. Legal description of area of proposed change; c. Present zoning; d. Zoning classification of all abutting land; and e. All public and private rights -of -way and easements bounding and intersecting subject land. Written legal description of subject property (metes & bounds or lot & block of subdivision, whichever is . applicable). The Rezoning Supporting Information sheet completed in full. A CAD (dxf /dwg) or GIS (shp) digital file may be required for more complex rezoning requests. Date of Required Preapplication Conference: September 13, 2004 APPLICANT'S INFORMATION: Name Mr. S.F. Sanders Street Address 9455 Kemp Road City College Station State TX Zip Code 77845 E -Mail Address N/A Phone Number 979 - 268 -4052 Fax Number 979 - 268 -4052 PROPERTY OWNER'S INFORMATION: Name KEBE Properties, L.L.C.: ATTN: Mr. Bronson Evans Street Address Post Office Box 288 City Hunt State Texas Zip Code 7780240288 E -Mail Address Phone Number 830 - 238 - 3058 - Fax Number 830 238 - 3758 This property was conveyed to owner by deed dated and recorded in Volume 5941, Page V)7.-- of the Brazos County Deed Records. General Location of Property: Near the intersection of Texas Avenue and Deacon Drive Address of Property: 3101 . 33a1l exas Avenue South, College Station, Texas 77845 Legal Description: Lot 1, Block B, Lot 2, Block B & Lot 2, Block A, HANEY- HIGHWAY 6 SUBDIVISION Acreage - Total Property: 5.70 Existing Zoning: PDD Proposed Zoning: PDD w /addition of truck rental use Present Use of Property: Mini - Storage Warehouse Proposed Use of Property: same as above 6/13/03 Page 1 of 2 REZONING SUPPORTING INFORMATION 1.) List the changed or changing conditions in the area or in the City which make this zone change necessary. The continua • • rowth of Texas A&M Universi and the • o • ulati • shift to the C of Coll - • e Station has increased the need for personal storage facilities and the associated vehicles that need to be provided for moving household items to storage. 2.) Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not explain why the Plan is incorrect. This zone change is in accordance with the Comarehensive Plan. 3.) List any other reasons to support this zone change. Having rental trucks available is an integral part of this facility and is necessary to meet the needs of the customers. it is a natural fit to have the trucks available at the facility. The applicant has prepared this application and supporting information and certifies that the facts stated herein and exhibits attached hereto are true and correct. IF APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, APPLICATION MUST BE ACCOMPANIED ; A POWER OF ATTORNEY STATEMENT FROM THE OWNER. (OZ..a Sig • ture of o kVA r (or agent) or applicant Date g /t eJ �ur�t trt. 6i13/03 • :. - ' Page 2 of 2 INFRASTRUCTURE AND FACILITIES Water: An existing 8 -in water line traverses the property from southwest to northeast. Sewer: An existing 8 -in sewer line traverses the property from Mile Drive to the convenience store lot. Streets: Texas Avenue is classified as a major arterial and Earl Rudder Freeway is classified as a freeway on the Thoroughfare Plan. Off -site Easements: None needed at this time Drainage: The west portion of the subject property drains to Texas Avenue. The east portion of the property drains to a creek that crosses Mile Drive, into the Pleasant Forest Common Area and then to Bee Creek. Flood Plain: No on -site floodplain Oversize request: None Impact Fees: None NOTIFICATION: Legal Notice Publication(s): The Eagle: 11 -2 -04 and 11 -19 -04 Advertised Commission Hearing Dates(s): 11 -18 -04 Advertised Council Hearing Dates: 12 -9 -04 Number of Notices Mailed to Property Owners Within 200': 22 Response Received: None at time of staff report. EXISTING PDD ZONING: Overall maximum height of 2 stories and the following uses: Animal Care Facilities, Indoor Art Studio / Gallery Educational Facility, Indoor Health Care / Medical Clinics Mini - Storage Warehouse (with accessory living unit) Offices Personal Service Shop Printing / Copy Shop Radio / TV Station / Studios (no towers) Retail Sales and Service