From
Chris Hartmann
Title
TA150701 - Text Amendment - Article 2: Authority. Approval of a Text Amendment to Section 2.4.1 and Section 2.5.1 of Article 2, "Authority" of the Unified Development Code amending, as originally approved by action of the Council on August 2, 2011 and codified in Ordinance No. 9637-2011, the term duration of a Planning and Zoning Commission member and a Zoning Board of Adjustments and Appeals member from a two (2) year term to no more than two (2) consecutive three (3) year terms, not more than six (6) consecutive years, unless the City Council by a three-fourths vote of all Council members shall waive this limitation for a specific appointment. The owner/applicant is Jim Hinderaker, City of Grand Prairie, Planning Division. (On July 6, 2015, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
Staff proposes an amendment the Grand Prairie Municipal Code amending the term duration of a Planning and Zoning Commission member and a Zoning Board of Adjustments member to no more than two (2) consecutive three (3) year terms nor more than six (6) consecutive years unless the City Council by three-fourths (3/4) vote of all Council members shall waive this limitation for a specific appointment. The amendment is a "house-keeping" action to correct the existing language of Section 4: Planning and Zoning Commission and Section 5: Zoning Board of Adjustment both of Article 2: Authority of the Unified Development Code regarding the term durations of a member of the aforementioned boards. On August 2, 2011, the City Council amended the term duration of said board members to no more than two (2) consecutive three (3) year terms nor more than six (6) consecutive years unless the City Council by three-fourths (3/4) vote of all Council members shall waive this limitation for a specific appointment via Ordinance No. 9237-2011.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING SECTION 4: PLANNING AND ZONING COMMISSION AND SECTION 5: ZONING BOARD OF ADJUSTMENTS AND APPEALS BOTH OF ARTICLE 2: AUTHORITY, UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; AMENDING THE TERM DURATIONS OF A PLANNING AND ZONING COMMISSION MEMBER AND A ZONING BOARD OF ADJUSTMENTS AND APPEALS MEMBER; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL
WHEREAS, Section 1.11.3.1 of the Unified Development Code of the City of Grand Prairie, Texas states: “Amendments to the text of the Unified Development Code shall be initiated only by action of the City Council directing the City Manager to initiate such a request on be-half of the City or by the City Manager's own initiative.”; and
WHEREAS, on June 25, 2015 a review and briefing was held by the Development Review Committee of the City of Grand Prairie, Texas for consideration of a proposal to initiate an amendment to Section 4: Planning and Zoning Commission and Section 5: Zoning Board of Adjustments and Appeals both of Article 2: Authority, Unified Development Code thus amending the term durations of a Planning and Zoning Commission member and a Zoning Board of Adjustments and Appeals member; and
WHEREAS, after consideration of said amendments, the City Manager office directed staff to initiate the preparation of an ordinance amending Section 4: Planning and Zoning Commission and Section 5: Zoning Board of Adjustments and Appeals both of Article 2: Authority, Unified Development Code thus amending the term durations of a Planning and Zoning Commission member and a Zoning Board of Adjustments and Appeals member for submittal to the Planning and Zoning Commission of Grand Prairie, Texas for consideration of a recommendation to the City Council; and
WHEREAS, Notice was given of a public hearing on said amendments to be held by the Planning and Zoning Commission of Grand Prairie, Texas, in the City Hall Plaza Building at 7:00 o'clock P.M. on August 03, 2015, such Notice of the time and place of such hearing having been given at least ten (10) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality; and
WHEREAS, after consideration of said amendments, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 9 to 0 to recommend to the City Council of Grand Prairie, Texas, that said amendments should be approved since its provisions are in the public interest and will promote the health, safety and welfare of the community; and
WHEREAS, Notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building, at 6:30 o'clock P.M. on July 14, 2015 to consider the advisability of amending the Code of Ordinances and the Unified Development Code as recommended by the Planning and Zoning Commission, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1
THAT Section 2.4.1 and Section 2.5.1 of Article 2: Authority, Unified Development Code, City of Grand Prairie, Texas, be and are amended, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough, as follows:
2.4.1 The Planning and Zoning Commission of the City of Grand Prairie shall be composed of nine (9) members who shall be appointed to such Commission for two (2) year terms by the City Council in such a manner as the City Council may choose for no more than two (2) consecutive three (3) year terms nor more than six (6) years unless the City Council by a three-fourths (3/4) vote of all Council members shall waive this limitation for a specific appointment. The Planning and Zoning Commission shall have the power to adopt its own bylaws and to adopt its own internal procedures. The Planning and Zoning Commission shall elect from its members a Chairman, a Vice-Chairman and a Secretary in accordance with its own internal procedures. A majority of all Planning and Zoning Commission members shall constitute a quorum. An affirmative vote of a majority of the members voting shall be required to pass any motion or recommendation. A tie vote shall be considered a denial of a motion. The Planning and Zoning Commission shall meet at such times as it may be directed to meet by the City Council and at such other times as the Commission may deem appropriate.
2.5.1 The Zoning Board of Adjustments and Appeals of the City of Grand Prairie shall be composed of nine (9) members, and up to four (4) alternate members, and up to four (4) alternate members, who shall be appointed to such Board by the City Council in such a manner as the City Council may choose for two (2) year terms no more than two (2) consecutive three (3) year terms nor more than six (6) years unless the City Council by a three-fourths (3/4) vote of all Council members shall waive this limitation for a specific appointment. by the City Council in such a manner as the City Council may choose. The Zoning Board of Adjustments and Appeals shall have the power to adopt its own bylaws and to adopt its own procedures. The Zoning Board of Adjustments and Appeals shall elect from its members a Chairman, a Vice-Chairman and a Secretary in accordance with its own internal procedures. Seven (7) members of the Zoning Board of Adjustments and Appeals shall constitute a quorum. A vote of seven (7) members sitting in judgment of any action or controversy shall be required to pass any motion or recommendation. The Zoning Board of Adjustments and Appeals shall meet at such times as it may be directed to meet by the City Council and at such other times as the Zoning Board of Adjustments and Appeals may deem appropriate.
SECTION 2
THAT all other provisions of Section 2.4.1 and Section 2.5.1 of Article 2: Authority, Unified Development Code, City of Grand Prairie, Texas, not included in this amendment, shall remain in full force and effect, save an except for necessary modifications to the “Table of Contents” affecting page numbering, and for necessary modifications to related terminology or phrases that have been modified by this amendment that will affect a similar modification to interrelated terminology and phrases cross-referenced in other Articles in the Unified Development Code.
SECTION 3
THAT if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provisions and such holding shall not affect the validity of the remaining portions thereof.
SECTION 4
THAT all of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Grand Prairie, Texas, in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved of all personal liability for any damage that might occur to persons or property as a result of any act required or permitted in the discharge of his said duties.
SECTION 5
THAT any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined in an amount not to exceed two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative or other remedies provided by state law, and the power of injunction as provided in V.T.C.A. Local Government Code Section 54.016 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 6
THAT this ordinance shall be in full force and effect from and after its passage, approval and publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 14th DAY OF JULY, 2015.
ORDINANCE NO. 9888-2015
CASE NO. TA150701