S1036-CS 880829August 29, 1988
MEMORANDUM
TO: Alan Ratliff, City Manager
VIA: Russell Doyl~y Engineer
FROM: Taryon Bomnan, P&Z Coordinator ~.~.
SUBJECT: Zoning Appeal by Gilford-Hill Company,~ase ~S-1036
Section 43.6 of the Comprehensive Zoning Ordinance requires that when
the Planning and Zoning Commission recommends denial of a zoning case,
an appeal must be filed with the City Manager within fifteen (15) days
of the recommendation of denial. The Zoning Ordinance is not clear as
to what action needs to be taken by the City Manager, and in my opinion,
it is a formality.
The Planning and Zoning Commission at the August 18, 1988, scheduled
meeting, did not give any reasons as to why this case should be denied.
After discussion, a motion was 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 majority 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 inforsation, please let me know.
attachment
CMO.S-1036
HEMO1
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 Commission
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 had 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. Whether 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. Whether the proposed change is in accord with any exist-
ing or proposed plans for providing public schools,
streets, water supply, sanitary sewers, and other util-
ities 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: When the Planning and
Zoning Commission determines that a proposal should be
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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 Ail 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.
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