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Gifford Hill-CS 880829August 29, 1988 "-'-! ---":-~ TO: Alan Ratliff, City Hanager VIA: Russell Doyl~y £nginesr PROH: Taryon Bowman, P&Z Coordinator ~,~. SUBJECT: Zoning Appeal by Gifford-Hill Company, Case ~S-1036 Section 43.6 of the Comprehensive Zoning Ordinance requires that when the Planning and Zoning Co.lesion recommends denial of a zoning case, an appeal ~ust be filed with the City Hanager within fifteen (15) days of the reconendation of denial. The Zoning Ordinance is not clear as to what action needs to be taken by the City Hanager, and in my opinion, it is a formality. The Planning and Zoning Co.mission at the Ausuat 18, 1988, scheduled meeting, did not give any reasons as to why this case should be denied. After discussion, a motion vas made, and passed with a vote of (4-1), to deny the zoning request. This item has been scheduled for the September 13, 1988, City Council docket, and a 3/4 ~aJority vote by the City Council is required for approval. Attached for your review, is a copy of section 43.6, which regulates zoning appeals. If you need addition information, please let me know. TB/RRD/lsE attachment CM0.S-1036 HEMOI 43.4 Failure to Appear: Failure of the applicant or his represen- tative to appear before the Planning and Zoning Commission for more than one hearing without an approved delay shall consti- tute sufficient grounds for the Planning and Zoning Con. lesion to terminate the application. 43.5 Commission Consideration and Report: The Planning and Zoning Commission, after the public hearing is closed, shall prepare its report and recommendations on the proposed change stating its findings, its evaluation of the request and of the rela- tionship of the request to the Comprehensive Plan. The Planning and Zoning Commission may defer its report for not more than ninety (90) days until it has bad opportunity to consider other proposed changes which may have a direct bearing thereon. In making its determination, the Planning and Zoning Commission shall consider the following factors: 1. nether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole. 2. ~hether the proposed change ia in accord with any exist- ing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other util- inies to the area, and shall note the findings 3. The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unavailable for development. 4. The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change. 5. How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved, and whether such designation for other areas should be modified also. 6. Any other factors which will substantially affect the health, safety, morals, or general welfare. 43.6 Council Consideration 1. Proposal Recommended for Approval: Every proposal which is recommended favorable by the Planning and Zoning Commission shall be forwarded to the Council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law. 2. Proposal Recommended for Denial: ~aen the Planning and Zoning Commission determines that a proposal should be · .-. .. ·, . . - ... , . ~. ~-~: ..-'-. ~..? .-.-....~ ~. : · -. ~£... :,..~.~ ,~'~'-~: ~--_: , - . '. -. - . :; . . - .... .~, '..~.~. __%~ ..... '. ~-... '..:..~:L..;. '- .- . .-...;...--.'~" ..... :'- . ~: . '...:.... .. ~,~.~:~..~.~. ,-~,- . - - - '.~.~?'.""~ ' r ' -. ~..-" .. . ~.. ~ ... -.. .~.. ~ ....~ .~ denied, it shall so report and recommend to the Council and notify the applicant. A hearing before the City Council shall be set on an application recommended for denial only when an appeal is filed by the applicant with the City Manager within fifteen (15) days of the date of the recommendation for denial. When a proposed zoning request is heard by the City Council that has been denied by the Planning and Zoning Commission, a three-forths (3/4) majority vote by the City Council shall be required for approval. 3. Council Hearing and Notice: Notice of Council hearing shall be given by publication one time in the official newspaper of the City, stating the time and place of such hearing, which shall be at least fifteen (15) days after the date of publication. 4. Three-Forths Vote: A favorable vote of three-fourths of all members of the City Council shall be required to approve any change in zoning when written objections are received which comply with the provisions of the state laws commonly referred to as the "twenty percent (20%) rule." If a protest against such proposed amendment, supplement or change has been filed with the City Secre- tary, duly signed and acknowledged by the owners of twenty (20) percent or more, either of the area of the lots included in such a proposed change or those immedi- ately adjacent to the rear thereof extending two hundred (200) feet therefrom or of those directly opposite thereto extending two hundred (200) feet from the street frontage of such opposite lots, such amendments shall not become effective except by a three-fourths vote of the City Council. 43.7 Final Approval and Ordinance Adoption: Upon approval of the zoning request by the City Council, the applicant shall submit a metes and bounds description to the City within thirty (30) days for the preparation of the amending ordinance. The amending ordinance shall be approved within six (6) months. If the amending ordinance is not approved within six (6) months, the zoning request, at the option of the City Council may be recalled for a new public hearing. SECTION 44 APPLICATION AND FILING FEES 44.1 All owners, leasees or any other persons, firms or corpo- rations making an application with the City of Coppell re- questing a change, amendment or variance to the zoning ordi- nance applicable to his property shall be charged a mandatory fee for processing such request as follows: 1. Standard Filing Fee - $100.00 minimum plus $5.00 per acre or portion thereof. 125 . , ~ -., . .. · . , -.~'~. -.~ . ~.