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OR 86-364 Creating 7-member P&Z Commission AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 86364 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL TO CREATE A SEVEN (7) MEMBER PLANNING AND ZONING COMMISSION TO CONTINUE IN PLACE OF THE FIVE (5) MEMBER COMMISSION HERETOFORE CREATED BY CITY ORDINANCE NO. 16; PROVIDING A REPEALING CLAUSE, PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, City Ordinance No. 16 adopted on July 13, 1964, created and established the Planning and Zoning Commission of the City of Coppell, Texas, which consisted of five (5) members serving two (2) year staggered terms; and WHEREAS, the Home Rule Charter of the City of Coppell, Texas (the Charter), has provided that a seven (7) man Planning and Zoning Commission be created to continue as the Planning and Zoning Commission of the City from and after October 1, 1986; and WHEREAS, Section 8.01 of the Charter of the City states in part; the City Council shaH, by ordinance, prescribe the purpose, composition, function, duties, accountability and tenure of each board, commission and committee; and WHEREAS, the Charter of the City of Coppell requires the adoption of an ordinance to establish said seven (7) member Planning and Zoning Commission; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. AMENDING CODE TO CREATE SEVEN (7) MEMBER PLANNING AND ZOMING COMMISSION The City of Coppell Code of Ordinances is hereby amended by adding to Chapter 2 the following new Article 2-4: "ARTICLE 2 - 4 PLANNING AND Y-ONING COMMISSION Section 2-4-1 CREATION There is hereby established a seven (7) member Commission which shall be known as the Planning and Zoning Commission of the City of Coppell, Texas. Such Commission shall continue the duties and responsibilities heretofore established for the original Planning and Zoning Commission of the City which was created by Ordinance No. 16 on July 13, 1964. Section 2-4-2 APPOINTMENT A. The Planning and Zoning Commission shall be comprised of seven (7) members to be appointed by the City Council. Members shall be a resident of the City of Coppell for at least twelve (12) months preceding the date of appointment, be knowledgeable in the affairs of the City, be knowledgeable in the functions and activities provided for in the Charter and this ordinance and shall be a qualified voter in the City of Coppell, Texas. B. Members of the Commission shall be apointed for two (2) year terms with three (3) members' terms expiring in even-numbered years and four (4) members' terms expiring in odd-numbered years. C. Pursuant to Section 8.03F of the City Charter, any vacancy created on the Commission shall be filled by majority vote of the City Council for the remainder of the unexpired term within thirty (30) days after the vacancy occurs. D. The members of the Commission shall serve without pay or compensation; provided, however, that they shall be entitled to reimbursement of and for necessary expenses incurred in the performance of their duties, when approved by the City Council. E. The Commission shall perform such duties as may be prescribed by state law or the ordinances of the City. Commission members shall not be agents of the City. Section 2-4-3 OFFICERS A. The Commission shall each October elect from its membership a chairman, vice-chairman and a secretary for one (1) year terms of office, or until their successors are elected. B. They may hold office for two (2) terms, after which one (1) term must elapse before being eligible for re-election. C. In the event of a vacancy in the office of chairman, the vice-chairman shah assume the duties of the chairman until the next regular meeting of the Commission, at which time the Commission shall elect a new chairman. D. In the event of a vacancy in the office of vice-chairman or secretary, the chairman may appoint a Commission member to temporarily assume the duties of that office until the next regular meeting, at which time an election will be held to fill any such vacancy. Section 2-4-4 MEETINGS A. The Planning and Zoning Commission shall meet in regular sessions not less than once each month. The Commission shall hold such special meetings as shall be called by the chairman, or upon written request of at least two (2) members of the Commission or at the request of the City Council. B. A majority of the Planning and Zoning Commission shall constitute a quorum for the purpose of transaction of business. The Commission shah not act on any matter with fewer than four (4) members present and qualified to vote, unless authorized by the laws of the State of Texas. Co All meetings of the Planning and Zoning Commission shah be open to the public, unless otherwise permitted by law, and shall be subject to both current and future laws of the State of Texas concerning public meetings. D. The Planning and Zoning Commission shall keep and maintain minutes of any proceedings held and will submit a written report of such proceedings to the City Council at least once each month. This report will include a listing of those Commissioners present as well as a listing of those Commissioners that were not in attendance at each of the meetings or proceedings of the Commission. If no meetings or proceedings were held in any month, the Commission shah so report this fact to the City Council. E. If a Commission member is absent for three (3) consecutive regularly scheduled meetings, or if a Commission member is absent for twenty-five (25) percent of the regularly scheduled meetings within a twelve (12) month period, the position shall be declared vacant and the vacancy shall be filled for the remainder of the unexpired term by the City Council within thirty (30) days after the vacancy occurs. Section 2-4-5 PRIMARY POWERS AND DUTIES OF THE PLANNING AND ZONING COMMISSION A. The primary duty of the Planning and Zoning Commission shall be to recommend to and advise the City Council in carrying out its various duties and functions regarding zoning, planning and environmental quality as provided by state law, the Charter and the ordinances of the City of Coppell, Texas. B. In addition to the responsibilities prescribed by state law and by ordinance, the Commission shall have the following responsibilities: 1. Adopt rules and regulations governing the operation of the Commission unless specifically prescribed by the laws of the State of Texas, but prior to the implementation of these adopted rules and regulations they must be approved by the City Council; 2. Shah make and recommend to the City Council a master plan to be used as a guide when considering ordinances for the orderly development of the City; 3. Shall review and recommend to the City Council, not less than every five (5) years, amendments to the master plan; 4. Receive and review all platting and subdivision proposals and make recommendations to the City Council for appropriate actions; and 5. Recommend to the City Council proposed ordinances and amendments to ordinances regarding planning, zoning and environmental quality, and review ordinances and amendments proposed by the City Council relative to the City Council's planning and zoning function. Section 2-4-6 CITY COUNCIL OVERRULING OF A PLANNING AND ZONING COMMISSION DENIAL RECOMMENDATION Section 9.02A4 of the Charter of the City of Coppell mandates that a vote of at least three-fourths (3/4) of all Councilmembers shall be required to overrule a recommendation of the Planning and Zoning Commission that a proposed amendment, supplement or change to the Zoning Ordinance of the City be denied. Section 2-4-7 RIGHT OF APPEAL TO THE CITY COUNCIL Notwithstanding the fact that the primary function of the Planning and Zoning Commission is to function as a recommending body to the City Council and, therefore, does not involve decisions on the part of the board which are appealable, should the Planning and Zoning Commission be authorized by ordinance or other law to make appealable decisions, such appeal may be taken pursuant to Section 8.04B of the Charter of the City which says an appeal may be taken to the City Council from any decision the board, commission, committee or other body except from decisions of the Zoning Board of Adjustments. Such appeals shah be perfected by filing a sworn notice of appeal with the City Secretary within thirty (30) days from the rendition of the decision of the board, committee or other body. Prior to the institution of any appeal in a cotu't of law by an aggrieved person from a decision of such board, commission, committee or other body, the appeal first must be perfected to the City Council." SECTION 2. REPEALING CLAUSE All ordinances, or parts of ordinances, inconsistent or in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. SEVERABILITY CLAUSE If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 4. EFFECTIVE DATE This ordinance shall take effect immediately from and after its passage, as the law in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the /-/ day of '~. C(~.~,,' , 1986. APPROVED: ATTEST: CO86-1006