19-R-113 Revised Planning & Zoning By-LawsRESOLUTION NO. 19 -R -113
A RESOLUTION OF THE CITY COUNCIL OF SCHERTZ, TEXAS
AUTHORIZING THE REVISED BY -LAWS OF THE PLANNING AND
ZONING COMMISSION, AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the Planning and Zoning Commission of the City of Schertz (the "City ") has
recommended that the City approve the revised By -Laws, herein as "Exhibit A ", of the Planning
and Zoning Commission; and
WHEREAS, the City Council has determined that it is in the best interest of the City to approve
the revised By -Laws of the Planning and Zoning Commission
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the revised By -Laws of the Planning
and Zoning Commission.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City Council
hereby declares that this Resolution would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final passage,
and it is so resolved.
EXHIBIT A
(VOLUNTARY ANNEXATION PETITION PACKET)
PASSED AND ADOPTED, this Yd day of September 2019.
CITY OF ' �' TZ, TEXAS
{
06V61 R. Carpenter, Mayor
ATTEST:
City Secretary, Brenda ennis
Planning and Zoning Commission Bylaws
Section 1— Purpose
The Planning and Zoning Commission shall:
A. Review and approve or make recommendations on applications as set forth in the City of
Schertz Unified Development Code.
B. Make recommendations regarding the implementation of the City's Comprehensive Plan.
Section 2 — Membership and Officers
A. The Planning and Zoning Commission shall be composed of seven (7) members and one (1)
additional member who shall serve as an alternate. The alternate will not be seated unless
one of the regular members is not in attendance at the start of the meeting. If seated, an
alternate shall serve in place of the regular member even if the regular member arrives late.
Four (4) members shall make a quorum.
B. Commissioners shall reside within the corporate limits of the City.
C. Commissioners shall serve two (2) year staggered terms with the terms of 3 Commissioners
and the alternate expiring in odd numbered years and 4 Commissioners expiring in even
numbered years.
D. Terms shall expire on May 31.
E. The Commission shall hold elections for a chair who shall serve as the presiding officer and
vice chair at the first meeting in August of each year. Special elections shall be held as needed
if the chair or vice chair's membership ends during their term.
Section 3 — Meetings
A. Meetings shall generally be held on the second and fourth Wednesday of the month.
Meetings will be cancelled if there are no items to be considered. The meeting schedule may
be adjusted to account for holidays.
B. Special meetings may be called as needed.
C. The Commission may establish committees as needed.
D. Meetings shall comply with the Texas Government Code Chapter 551 (Texas Open Meetings
Act).
E. Each meeting shall provide for citizens to be heard generally as per City Council meetings.
CITIZENS' RIGHTS
1 Addressing the Commission. Any person desiring to address the Commission by oral
communication shall first secure the permission of the presiding officer.
2 Manner of Addressing the Commission — Time Limit. Each person addressing the
Commission shall speak at the podium into the microphone (or at another designated
location), shall give his /her name and address in an audible tone of voice for the record,
and, unless further time is granted by the Commission, shall, subject to Section E4 below,
limit his /her remarks to three (3) minutes or less. All remarks shall be addressed to the
Commission as a body, and not to any individual member thereof. No person, other than
members of the Commission or City staff (when requested by the presiding officer) and
the person having the floor, shall be permitted to enter into any discussion, either directly
or through the members of the Commission, unless requested or approved by the
presiding officer. No questions shall be asked of the Commission members, except
through the presiding officer. Responses to questions may be limited as required by State
law.
3 Personal and Slanderous Remarks. Any person making personal, impertinent, or
slanderous remarks, or who shall become boisterous, either while addressing the
Commission or otherwise while in attendance at a Commission meeting, may be
requested to leave the meeting, if after receiving a warning from the presiding officer a
person persists in disturbing the meeting, and may be removed from the meeting if
necessary for the conduct of the remainder of the meeting.
4 Public Hearings. After being recognized by the presiding officer, interested persons, or
their authorized representatives, may address the Commission with respect to the subject
matter of a public hearing being conducted. The presiding officer may establish
procedures at a public hearing to limit the amount of time (which, unless modified by the
presiding officer, shall be as set forth in Section E2 above) interested persons may speak,
subject to the Commission members' right to appeal the presiding officer's ruling
pursuant to Section F6. Subject to modification by the presiding officer, and subject to
the Commission members' right of appeal pursuant to Section F6, the normal order of a
public hearing is as follows: (i) the opening of the hearing and the establishment, if any,
of a modified public hearing procedure by the presiding officer; (ii) address to the
Commission by any interested person(s); (iii) discussion by the presiding officer and
Commission members, including requests for information from City staff or any person(s)
who addressed the Commission; and (iv) action by the Commission, if any is posted on
the agenda relating to the hearing.
5 Written Communications. Interested persons, or their authorized representatives, may
address the Commission by written communication in regard to any matter concerning
the City's business or over which the Commission has control at any time by direct mail
or by addressing the City Secretary, who shall, on the request of the writer, distribute
copies to the Commission members.
6 Hearing of Residents. There shall be included on the agenda of each Planning and Zoning
Commission meeting an item labeled "Hearing of Residents ". After being recognized by
the presiding officer, members of the public (giving precedence to residents of the City)
may address the Commission on items on or not on the agenda at that time, providing
they have completed the "Hearing of Residents" form, unless authorized by the presiding
officer. The form shall be made available to persons wishing to address the Commission
prior to the calling of the meeting to order and such completed form shall be made
available to the presiding officer prior to the calling of the meeting to order. The persons
signed up for "Hearing of Residents" must speak during the "Hearing of Residents"
portion of the meeting. Commission members and members of City staff may not discuss
unposted items nor take any action thereon other than to (1) make a statement of factual
information, (2) make a statement of existing City policy, or (3) discuss placing the item
on a future agenda. Persons speaking shall be subject to the time limits set forth in
Section E2, unless otherwise authorized by the presiding officer.
F. Motions and Meeting Procedures are as follows:
Motions. A Commission member, after he /she obtains the floor, or the presiding
officer may make a motion on the particular subject of discussion or a procedural
point as permitted. A "Second" to the motion, if required, must be made by a
Commission member who did not make the motion within a reasonable but brief
time period. The presiding officer may not "Second" a motion. A motion or a
"Second" merely implies that the maker of the motion and the person who
"Seconds" agree that the motion should come before the meeting and not that he /she
necessarily favors the motion. Without a "Second ", if required, the motion dies. If
a motion is made to conditionall a rove. deny. recommend conditional approval
or recommend denial of an agenda item. the Commission member must also state
the reasons for conditional aiy oval. denial. recommend conditional Njnroyal or
recommend denial. and provide a citation to the regulation, ordinance, and /or law
as required bN the Unified Development Code.
2 Debate. Debate, if permitted, must be limited to the merits of the issue under
discussion as stated by the presiding officer.
3. Motion Procedures. There are twelve (12) types of motions in three (3) categories:
Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main
Motions (1 type) *. When any motion is pending, any motion listed above it on the
chart below is in order, those below it are out of order.
May Resolved Affirmative
Interrupt Second by Chair Vote by 4 2/3
Motion Speaker Required Debatable Amendable No Vote members Vote
Meeting Conduct Motions
point of privilege
yes
no
no
no
yes
no
no
point of procedure or order
yes
no
no
no
yes
no
no
to appeal a ruling
no
yes
yes
no
no
yes
no
to recess
no
yes
yes
yes
no
yes
no
Disposition Motions
to withdraw
yes
no
no
no
yes
no
no
to postpone
no
yes
yes
yes
no
yes
no
to refer
no
yes
yes
yes
no
yes
no
to amend
no
yes
yes
yes
no
yes
no
to limit or close debate or "call the
question"
no
yes
yes
yes
no
no
yes
to extend debate
no
yes
yes
yes
no
yes
no
to count the vote
no
yes
no
no
no"
no
no
Main Motions
to reconsider
to rescind
yes
yes
if original
motion
was
debatable
no
no
yes
no
no
yes
yes
yes
no
no
yes
to take action
no
yes
yes
yes
no
Yes * **
no
" Mandatory if seconded; no vote required
"` Unless not allowed
4 Point of Privile ge. A point of privilege, sometimes called a point of personal
privilege, is a communication from a Commission member to the presiding officer,
drawing urgent attention to a need for personal accommodation. For example, the
point may relate to an inability to see or hear, a matter of comfort, a matter of
requested convenience, or an overlooked right of privilege that should have been
accorded to the Commission member(s). In essence, it is a call to the presiding
officer for the purpose of assuring a Commission member's convenient and
appropriate participation in the meeting. Because of its urgent nature, a point of
privilege can interrupt a speaker. Because it is addressed to the attention of and
action by the presiding officer, it cannot be debated or amended, and no vote is
required.
5 Point of Procedure or Order. A point of procedure, sometimes called a point of
order, is a question addressed to the presiding officer, no seconding is required, and
either inquiring into the manner of conducting business or raising a question about
the propriety of a particular procedure. It is simply an inquiry and is resolved by
correction or clarification by the presiding officer. A point of procedure can
interrupt a speaker. Because it is addressed to the attention of and action by the
presiding officer, a second is not required, and it cannot be debated or amended,
and no vote is taken.
6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on
questions of procedure, except that any ruling by the presiding officer's ruling can
be appealed to a vote of the Commission. Whenever a Commission member
questions the appropriateness or essential fairness of the presiding officer, that
member can appeal the ruling to a vote of the meeting. If, however, a motion is out
of order as a matter of law (not a proper subject of the meeting, improper notice
given, etc.), the presiding officer's ruling cannot be appealed. A motion to appeal
cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The
motion is subject to debate (which should be brief) and, by its nature, is not
amendable. To overrule a procedural decision of the presiding officer, an
affirmative vote of four (4) Commission members is required.
To Recess. A motion to recess requests a brief interruption of the meeting's
business, usually so that an ancillary matter can be addressed, or simply to provide
a needed break. Unless stated in the motion, the period of recess is decided by the
presiding officer. If necessary, a recess can extend the meeting from one day to
another, subject to State law. The motion cannot interrupt a speaker, and a second
is required. It is debatable, it can be amended, and an affirmative vote of four (4)
Commission members is required.
8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It
is essentially a communication to the presiding officer that the maker is
withdrawing his/her proposal. This is the maker's privilege; thus, it does not
require a second. Because the withdrawal motion obviates discussion, it can
interrupt a speaker. In addition, because another Commission member later can
make a similar motion, a withdrawal motion is not subject to debate, amendment,
or vote. The presiding officer should simply state that the motion is withdrawn,
and the meeting should proceed with a new treatment of the issue at hand —or a
new issue.
9 To Posmone or Extend. These motions may arise from a need for further
information, a matter of convenience, or for any other reason that will enable the
Commission to deal with the issue more effectively during the same meeting or at
a later time. Unless otherwise specifically provided in the motion itself, a
postponed or extension motion can be renewed at a later appropriate time during
the meeting or, if properly posted, at a later meeting. This motion cannot interrupt
a speaker. It requires a second, it is debatable, and it is amendable (particularly as
to postponement, timing), and an affirmative vote of four (4) Commission members
is required.
10 To Refer. A motion to refer is typically used to submit an issue to a committee,
usually for study leading to a subsequent recommendation. Because it ordinarily
disposes the motion for purposes of the current meeting, a motion to refer is subject
to the same rules that apply to a main motion. (See Section F14). This motion
cannot interrupt a speaker, and a second is required. It is debatable and amendable,
and an affirmative vote of -four (4) Commission members is required.
11 To Amend. A motion to amend proposes a change in the wording of a motion then
under consideration. When a motion to amend is pending and an amendment to the
amendment is proposed, the presiding officer should focus discussion on the latest
amendment, resolve that question, then proceed to the first amendment before
continuing discussion on the main motion. Votes on amendments are thus in
reverse order of the sequence in which they are proposed. A motion to amend
cannot interrupt a speaker. It requires a second, and it is debatable and amendable.
An affirmative vote of four (4) Commission members is required for approval of
the amendment. Note that State law may restrict amendments to proposals that are
required to be set forth in the notice of the meeting.
12 To Limit or Close Debate or "Call the Ouestion ". Because the extent to which an
issue is discussed rests primarily with discretion of the presiding officer, it is the
presiding officer who carries the burden of ensuring that adequate time and
discussion are given to differing points of view. A motion to limit or close debate
is therefore an overruling of the presiding officer's determination. A motion to
close debate is the same as a motion to "call the question ". Because this motion
affects the most fundamental right of any Commission member, the right to speak
one's views, it is the only procedural motion that requires an affirmative vote of
two - thirds of participants voting.
13 To Count the Vote. A motion to count the vote should be limited to those
circumstances where the convenient hearing of "yeas" and "nays" cannot clearly
resolve the issue. It represents the right of a Commission member to have a vote
demonstrated by count. That count can be directed by the presiding officer either
as a showing of hands or a standing of voting members while the vote is recorded.
Upon completion of the count, the presiding officer announces the result —and final
disposition of the issue voted upon. This motion cannot interrupt a speaker. It
requires a second; it is neither debatable nor amendable; and, because of the
importance of the matter, it should be considered mandatory; thus, no vote is
required.
14 Motion to Reconsider. Allows a main motion to be brought back before the
Commission for consideration. May be made only at the meeting at which the vote
to be reconsidered was taken. It may be made by any member of the Commission.
Any Commission member may second it. It can be made while any other question
is pending, even if another member has the floor. It requires a majority vote to
pass. A motion may only be reconsidered twice. If the reconsideration is moved
while another subject is before the Commission, it cannot interrupt the pending
business, but, as soon as the pending business has been disposed of the motion has
the preference over all other main motions and general business of the agenda. In
such a case the presiding officer does not state the question on the reconsideration
until the immediately pending business is completed.
15 Motion to Rescind. The motion to rescind is a main motion without any privilege,
may only be made when there is nothing else before the Commission and must be
made at the same meeting at which the subject matter of the motion was considered,
and it requires a two- thirds vote of the commission members. It cannot be made if
a motion to reconsider has been previously made. The motion to rescind can be
applied to votes on all main motions with the following exceptions: votes cannot
be rescinded after something has been done as a result of that vote that the
Commission cannot undo; or, where a resignation has been acted upon, or one has
been appointed to, or expelled from, a committee or office, and was present or was
officially notified. In the case of expulsion, the only way to reverse the action
afterwards is to restore the person to the committee or office, which requires the
same preliminary steps and vote as is required for the original appointment.
16 To Take Action. Main Motions. Main motions state proposed policy or action on
a substantive issue being considered by the Commission. As such, the motion is an
initial call to take particular action. Although lowest in precedence among all
motions, main motions are clearly the most important: through their content, the
business decisions of the Commission are determined. A main motion can be made
only when a prior main motion has been disposed of. It cannot interrupt a speaker;
a second is required; it is debatable and amendable; and an affirmative vote of four
(4) Commission members is required unless a greater vote is prescribed by the
Charter or State law.
17 Effect of Abstentions: action on retluired Abstentions: Effect of non -re juired
Abstentions. The following rules shall apply when a Commission Member abstains
from voting on an item:
a. When the Commission Member is Legally Obligated to Abstain from
Voting.
When a Commission Member is legally obligated to abstain from voting
pursuant to Texas Local Government Code Chapter 171, a local ordinance
or the City Charter then the Commission Member shall leave the dais and
exit City Council Chambers until such time as the debate and vote on the
item has been concluded. Staff shall record that the Commission Member
left the room and abstained from the vote in the official minutes and there
shall be no other effect.
b. When the Commission Member Has No Leizal Obligation to Abstain from
Voting. !
When a Commission Member has no legal obligation to abstain from
voting the Commission Member is prohibited from casting` a vote of
abstention and must cast an "aN e or ves" vote or "nar or no" vote. thefl
preeedur-ally be t+eated as et-L