Leon Valley
TX

Ordinance
Ordinance 17-045

Presentation, Discussion and Possible Action to Amend Chapter 15 Zoning, Division 3. Administration, Section 15.02.116 Zoning Commission Report, to Provide Expedited Minutes to the City Council

Information

Department:Public WorksSponsors:
Category:Amendment

Item Discussion

PURPOSE

 

The purpose of this Communication is to consider an ordinance amending Chapter 15 Zoning, Division 3 Administration, Section 15.02.116 Zoning Commission Report to allow the Zoning Commission to provide the City Council with a report on their actions in a timely manner.

 

The current code states:

 

“After public hearing, the zoning commission shall submit a report to the city council with a recommendation that the application be approved, tabled, or denied. The vote of the zoning commission at the conclusion of a public hearing and the minutes pertaining to it shall constitute the commission’s final report to the city council.”

 

Currently, the City Council receives the ZC minutes in draft form. In order for the Council to receive approved minutes, applicants in a zoning case would be required to wait another full month before having their case heard by City Council, which significantly slows the development process and could potentially harm the funding of a project.

 

The Zoning Commission would like to change the language to state:

 

“After public hearing, the zoning commission shall submit a report to the city council with a recommendation that the application be approved, tabled, or denied, and state the vote of the commission.”

 

In this manner, the details of the discussion and the vote could be presented to the Council at the Council meeting directly after the Commission meeting, thus preventing any lost time for the applicant.

 

SEE LEON VALLEY

 

Social - Streamlining the development process assists all business owners and developers in the successful development of their projects.

 

Economic - The streamlining of the process assures that funding of a developer’s project remains available, which may enhance Leon Valley’s image as “business friendly”.

 

Environmental - Reducing the number of meetings reduces the energy used to hold such meetings.

 

FISCAL IMPACT

 

None to the City, but this action may protect financing options for developers.

Document Comments

RECOMMENDATION

 

Approve the ordinance amending Chapter 15 Zoning, Division 3. Administration, Section 15.02.116 Zoning Commission Report, to Provide for a Different Zoning Commission Reporting Method

 

Body

AN ORDINANCE AMENDING THE CITY OF LEON VALLEY CODE OF ORDINANCES, CHAPTER 15 ZONING, DIVISION 3 ADMINISTRATION, SECTION 15.02.116 ZONING COMMISSION REPORT, TO ALLOW FOR A DIFFERENT REPORTING METHOD.

 

WHEREAS, it is the overall goal of the City of Leon Valley to promote economic development; and 

 

WHEREAS, in order to further these goals, the Zoning Commission should be able to submit reports on Zoning Commission decisions to the City Council as quickly as possible; and

 

WHEREAS, the current Zoning Code language in Section 15.02.116 would cause an applicant to wait for an additional month before a public hearing on their case could be heard by the City Council; and

 

WHEREAS, the Leon Valley City Council hereby finds and determines that the amendments adopted under this ordinance are for a municipal purpose; NOW THEREFORE,

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LEON VALLEY, TEXAS: 

 

Section 1.              That Chapter 15 Zoning, Division 3 Administration, Section 15.02.116 Zoning Commission Report is hereby amended to entirely delete the current language and replace it to read as follows:

 

“After public hearing, the zoning commission shall submit a report to the city council with a recommendation that the application be approved, tabled, or denied, and state the vote of the commission.”

 

Section 2.              This ordinance is effective immediately upon passage by four (4) affirmative votes; otherwise it is effective on the tenth day after passage hereof.

 

Meeting History

Aug 15, 2017 6:00 PM  City Council Regular Meeting

Interim Community Development Director Moritz presented this item seeking City Council consideration of an ordinance amending the City of Leon Valley Code of Ordinances, Chapter 15 Zoning, Division 3 Administration, Section 15.02.116 Zoning Commission Report to allow the Zoning Commission to provide the City Council with a report on their actions in a timely manner. The current code states: “After public hearing, the Zoning Commission shall submit a report to the City Council with a recommendation that the application be approved, tabled, or denied. The vote of the Zoning Commission at the conclusion of a public hearing and the minutes pertaining to it shall constitute the commission’s final report to the City Council.”

In order for the Council to receive approved minutes, applicants in a zoning case would be required to wait another full month before having their case heard by City Council, which significantly slows the development process and could potentially harm the funding of a project. The Zoning Commission would like to change the language to state: “After public hearing, the Zoning Commission shall submit a report to the City Council with a recommendation that the application be approved, tabled, or denied, and state the vote of the Commission.” In this manner, the details of the discussion and the vote could be presented to the Council at the Council meeting directly after the Commission meeting, thus preventing any lost time for the applicant.

Interim Community Development Director Moritz stated that staff recommends the approval of the ordinance amending the City of Leon Valley Code of Ordinances, Chapter 15 Zoning, Division 3. Administration, Section 15.02.116 Zoning Commission Report, to Provide for a Different Zoning Commission Reporting Method.

Zoning Commission Chairman Olen Yarnell spoke on behalf of the Zoning Commission asking Council to consider what he presented in the document that he distributed at the beginning of the meeting. Commissioner Larry Proffitt asked if it was a legal requirement to provide the minutes to Council before a case could be heard. City Attorney Frederick replied “No…only the report”.

A motion was made by Council Member Benny Martinez and seconded by Council Member Belinda Ealy to adopt as captioned.

RESULT:ADOPTED [UNANIMOUS]
MOVER:Benny Martinez, Mayor Pro Tem
SECONDER:Belinda Ealy, Council Place 2
AYES:Benny Martinez, Belinda Ealy, David Jordan

Discussion