Planning & Zoning Commission (P&Z)

CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT SPECIAL MEETING THURSDAY - JUNE 1, 2023 - 6:00 PM Notice of AGENDA Liberty Hill Municipal Court / City Council Chamber 2801 Ranch Road 1869 Liberty Hill, TX 78642 Live Video Access Please click the link on the city's Facebook page to watch the meeting live. Please silence your cell phones Mayor/Chair may vary the order of the Items as listed on the agenda for convenience or in the interest of time. 1) CALL TO ORDER Establish Quorum(s) 2) PUBLIC COMMENTS Regarding items not on this agenda/Public Comments: Those desiring to speak on a topic not listed on the agenda, please complete a speaker form and present to the City Secretary before the meeting. Speakers will have three minutes each to speak, this time cannot be transferred or shared. Council members may not take action during this item and any responses will be limited to factual statements, recitation of existing policy, or request for the topic to be placed on a future agenda. Regarding topics listed as an agenda item/During specific agenda item: Council requests that speakers complete a speaker form, indicate which agenda item they are interested in speaking about, and submit form to the City Secretary before the agenda item is addressed. Speaker forms may be emailed to the City Secretary before the meeting at esimpson@libertyhilltx.gov. 3) REGULAR JOINT MEETING AGENDA ITEMS a) Discussion and consideration of the Planning and Zoning Commission's draft bylaws. Bylaws Agenda Cover Page.pdf PnZ Draft Bylaws 2023 V 5.pdf 1  PnZ Draft Bylaws 2023 Clean.pdf b) Discussion and consideration of the Board of Adjustments (BOA) proposed ordinance. BOA Agenda Cover Page.pdf Board of Adjustment Redline v3.pdf Board of Adjustment Clean v3.pdf 4) ADJOURNMENT The City Council, Boards, and Commissions reserve the right to reconvene, recess, realign, change the order of business, or adjourn into Execu ve Session at any me during the course of the mee ng, prior to adjournment, to discuss any item listed above, as authorized by Texas Government Code Sec on §551.071 (Consulta on with A orney), §551.072 (Delibera ons about Real Property), §551.073 (Delibera ons about Gi s and Dona ons), §551.074 (Personnel Ma ers), §551.076 (Delibera ons about Security Devices), and §551.087 (Development). In compliance with the Americans with Disabili es Act, the City of Liberty Hill will provide reasonable accommoda on for persons a ending mee ngs. To be er serve you, requests need to be received 48 hours prior to the meeting. Contact the City Secretary at 512-778-5449 – Extension 125. POSTING CERTIFICATION: I, ELAINE SIMPSON – CITY SECRETARY – CITY OF LIBERTY HILL certify that the attached notice of meeting was duly posted on the bulletin board at City Hall located at 926 Loop 332, Liberty Hill, Texas 78642 and on the City website (www.libertyhilltx.gov) on the ______ day of ____________________, 202_ at ______. Elaine Simpson – City Secretary. REMOVAL CERTIFICATION: I ELAINE SIMPSON – CITY SECRETARY – CITY OF LIBERTY HILL certify that the attached notice of meeting was removed from the bulletin board at City Hall located at 926 Loop 332, Liberty Hill, Texas 78642 on the ______ day of __________________, 202_ at _______. INITIALS _______ 2  CITY COUNCIL JOINT MEETING WITH PLANNING AND ZONING COMMISSION CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT SPECIAL MEETING THURSDAY - JUNE 1, 2023 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 3.a Discussion and consideration of the Planning and Zoning Commission's draft bylaws. 3  Joint City Council & P&Z Meeting Date: June 1, 2023 Item No.3a Requested By: Planning & Zoning Commission Submitted/Prepared By: Jerry L. Millard, Jr., Planning Director Type: (Action/Discussion Only /Consent/Exec. Session/Public Hearing): Discussion AGENDA ITEM COVER SHEET ITEM/TITLE: Planning and Zoning Commission's draft bylaws. AGENDA ITEM WORDING: Discussion and consideration of the Planning and Zoning Commission's draft bylaws. EXECUTIVE / BACKGROUND SUMMARY: The Commission has requested this meeting to discuss the roles and responsibilities of the Commission and discuss their draft bylaws outlining the proposed new/updated roles and responsibilities. FISCAL NOTES/FINANCIAL BACKGROUND/FINANCIAL IMPACT: There is no financial impact on the City at this time. SUGGESTED WORDING FOR MOTION(S) REGARDING ORDINANCES OR RESOLUTIONS: Not applicable ATTACHMENTS: a. Draft Bylaws Redline b. Draft Bylaws Clean Page 1 of 1 4  ATTACHMENT A PLANNING AND ZONING COMMISSION ARTICLE 1.07, DIVISION 2, Part II: Bylaws SECTION I. NAME AND PURPOSE Section 1.1. Name. Planning and Zoning Commission (“Commission”) Section 1.2. Purpose. a. The Commission is established to exercise the powers and duties of a planning board and a zoning commission as provided by law, including Local Government Code Chapters 211 and 212, the city Code of Ordinances, and the Unified Development Code (UDC), as each may be amended. (Refer to Ordinance 1.07, Division 2, Article 1.07.32 Creation and Ordinance 1.07, Division 1 Generally (Ordinance No. #2023-0-003 (Adopted 2/8/2023 and Amended 3/8/2023)) As outlined in Article 1.07 Division 2, Section 1.07.032, the City of Liberty Hill established a planning board which shall also serve as a zoning board and which shall be known as the planning and zoning commission (hereinafter “CCommission”) for the city. The Ccommission shall serve asas act predominately as an advisory board to the Ccity Ccouncil, except regarding plats wherein the Commission may take action. The Ccommission shall make recommendations relating to the development and redevelopment of the city and its environs. The Ccommission shall have all duties imposed upon such body by ordinance, state statute or other applicable law. The members of the commission shall be selected by the city council. The commission members shall serve at the pleasure of the city council. The commission members shall be registered voters of the city and have resided within the city for at least six months preceding their appointment, except one member may be a registered voter residing within the district boundary of the Liberty Hill Independent School District. (redlined Ordinance 09-O-46 adopted 9/14/09) The Commission is responsible to and shall act predominately as an advisory body only to the Council and shall perform such duties and exercise such additional powers as may be described by ordinances of the City. (redlined from Ordinance 14-0-12 adopted 4/14/14) NOTE b. The Commission must always bear in mind that the issues before it are never primarily for the Profit profit or loss to a particular individual or entity, but the maintenance of such system of planning and zoning that will best serve the interests of the City Community as a whole. The Commission has the power, and its duties include: (redlined Ordinance 14-0-12 adopted 4/14/14) 1. To make appropriate surveys, investigations, reports, and recommendations relating to community planning and development to the Council, and to recommend the approval, disapproval, modification, or rejection of all plans, plats, or re-plats of land, additions, subdivisions, and properties within the City; 2. To make plans or maps of whole or any part of the City and of land outside the City located within five (5) miles of the City limits and any other land outside the City, which, in the opinion of the Commission, bears a relation to the planning of the City and to make changes in, additions to, and extensions of such plans or maps when it deems the same advisable; 1 5 3. To act with and assist all other municipal and governmental agencies, and particularly the Council, in formulating and executing proper plans or maps for municipal development and growth; 4. To recommend to the Council the passage of such ordinances as it may deem necessary to carry out its program; 5. To recommend to the Council approval or disapproval of proposed changes in the City’s zoning ordinance and plans, and to make any recommendations concerning any future zoning plans; 6. To make and adopt a comprehensive community plan for the guidance and control of the future development of the community; 7. To make studies and recommend to the Council plans for clearing the City of slums and blighted areas; 8.7. To aid and assist the Council in the annual preparation of a long-range capital improvement budgetplan, and determination of sources of funds therefore; 9.8. To investigate and evaluate the opening, vacating, narrowing, abandoning, or changing the scope, character, and standards for streets, roads, and alleyways within the City and the City’s extraterritorial jurisdiction; 10.9. To function as the City Zoning Commission and exercise all of those powers and duties permitted by Chapter 211 of the Texas Local Government Code, and City Ordinances statutes of the State of Texas and City ordinances, as each may be amended from time to time;. 11.10. Functioning as the municipal authority responsible for approving plats and exercising all of those powers and duties permitted or required by Chapter 212 of the Local Government Code, the City Charter, and City ordinances, as each may be amended from time to time; For Formatted: Highlight Council approval and if approved, will need to update UDC and any references to advisory board only. (For Council approval and if approved, will need to update UDC and any references to advisory board only) 11. To review and recommend to Council any Development Agreements containing language related to design standards and/or land use. (For Council approval); For Council approval Formatted: Highlight 12. Review and recommendation related to any Overlay District Designation (UDC 2.03.06) 13. Review and recommendation variance requests (UDC 3.08.06 G) For BOA Ordinance, Formatted: Not Highlight Variance review prior to BOA review – subject to workshop on BOA (Refer to related UDC .08.06). For BOA Ordinance, Variance review prior to BOA review – subject to Formatted: Highlight workshop on BOA (Refer to related UDC .08.06) 13.14. Perform such other duties as may be prescribed by ordinance or State law. 2 6 14.15. Others per UDC/TML to discuss: a. UDC 6.11.03 Administration check indicates all final decisions concerning participation in costs and completion of improvements that may be specified in a traffic impact analysis, capital improvement plan, or mitigation plan, as required in this section shall be made by the City Administrator and reviewed in advance by the Planning and Zoning Commission. Need to either add this responsibility or correct the UDC). Formatted: Indent: Left: 1", No bullets or numbering 3 7  SECTION II. MEMBERSHIP Section 2.1 Member Qualifications, Application, Terms of Office and Vacancies, and Removal shall be in accordance with Articles set forth in Division 1 Generally (Ordinance No. #2023-0-003 (Adopted 2/8/2023 and Amended 3/8/2023)). (NOTE: did not spell this out like before. Do we need to repeat here in bylaws? Section 2.2 Requirements of Members. \ a. In accordance with Article 1.07, Division 1 Generally, Section 1.07.006 (Ordinance No. #2023- 0-003 (Adopted 2/8/2023 and Amended 3/8/2023)) among other requirements at time of application, Members must: 1. Complete training from the City Secretary’s Office staff related to Ethics (Ordinance No. #18-0-108), conflicts of interest, parliamentary procedures, Council’s rule of decorum. 2. Agree to utilize email accounts assigned to them on the City’s domain for Commission business and provide information as may be requested under Public Information Act. 3. Agree to sign non-disclosure Agreement (NDA) and be subjected to a background check as may be required if dealing with confidential information. b. In accordance with Article 1.07, Division 1 Generally, Section 1.07.008 (Ordinance No. #2023- 0-003 (Adopted 2/8/2023 and Amended 3/8/2023), upon appointment, all members shall receive training on the Uniform Board and Committee Ordinance, The Board and Committee Handbook, Texas Open Meeting Training (as required) , Texas Public Information Act (as may be required), the City’s Code of Ethics and Conflict of Interest forms, Parliamentary Procedure for Liberty Hill Non-Disclosure/Confidentiality Agreement(s) and Overview of the Organization Chart of the City, Training shall be conducted within 90-days of appointment. c. All members shall receive copies of the City Board and Committee Handbook, the Planning and Zoning Commission Bylaws, the current Comprehensive Plan, the Unified Development Code, Texas Local Government Code 211 and 212, the City’s Vision, Mission and Core Values, the City’s Guiding Development Principles, and attend any other necessary onboarding activities as required by the City Section 2.7 Expenditure of Funds. 1. In accordance with Article 1.07.005 Division 1 Generally (Ordinance No. #2023-0-003 (Adopted 2/8/2023 and Amended 3/8/2023)), Members shall serve without compensation. 2. The Commission and its Members have no authority to expend funds or to incur or make an obligation on behalf of the City unless authorized and approved by City Council. Formatted: List Paragraph, Left, Right: 0", No bullets or numbering Section 2.8 Compliance with City Policy. Members will comply with City Ordinances, Rules and Policies applicable to the Commission and the Members, including but not limited to Ethics Ordinance No. #08-0-108 and Boards, Committees, and Commissions Ordinance Article 1.07 Division 1 Generally (Ordinance No. #2023-0-003 (Adopted 2/8/2023 and Amended 3/8/2023)). 4 8 5 9  SECTION III. COMMISSION OFFICERS (redlined Ordinance 14-0-12 adopted 4/14/14) Section 3.1 Officers. The Commission shall select a Chairperson, Vice-Chair, and Secretary, and such other officials as deems necessary from its membership. Section 3.2 Terms of Office for Commission Officers. Selection of officers shall be conducted every October July, following City Council appointment of any new members, or at the next scheduled meeting thereafter. Section 3.3 Duties. a. The Chair presides at Commission Meetings. The Chair shall generally manage the business of the Commission. The Chair shall perform the duties delegated to the Chair by the Commission. The Chair shall act as a liaison between the City Council and the Planning and Zoning Commission. b. The Vice-Chair shall perform the duties delegated to the Vice-Chair by the Commission. The Vice-Chair presides at the Commission meetings in the Chair’s absence. The Vice- Chair shall perform the duties of Chairman in his/her absence. b.c. The Secretary shall perform the duties delegated to the Secretary by the Commission SECTION IV. MEETINGS AND ATTENDANCE (redlined Ordinance 14-0-12 adopted 4/14/14 if applicable) , Section 4.1 Time and Date of Regular Meeting. a. Meetings of the Commission shall be established on a schedule and at a location as determined by the Commission. The Commission shall have at least one regular meeting at least every 90 days (Article 1.07 Division 1 Generally, Section 1.07.007 (Ordinance No. #2023-0-003 (Adopted 2/8/2023 and Amended 3/8/2023)). All meetings shall be open to the public, unless an executive session is conducted. Public notice of all meetings shall be posted in accordance with State law. b. Regular Commission meetings will be held the first and third Tuesdays at 6:30 PM at the Municipal Court House located at 2801 Ranch Road 1869 in Liberty Hill, or as posted. Section 4.2 Agenda. a. An agenda listing the items and in the order in which they are to be considered shall be posted at least seventy-two (72) hours before each meeting. Anyone wishing to have an item placed on the agenda must contact either the Chairperson, the Vice-ChairpChairerson, City AdministratorManager, Director of PlanningSenior Planner, or City Secretary forty- eight (48) hours prior to the posting of the agenda. A copy of the agenda shall be posted at least seventy-two (72) hours before the meeting. b. The City Secretary will post agendas of meetings in accordance with City ordinances and State laws. c. The Staff Liaison will provide a word version of the agenda to the Secretary of the Commission prior to, or immediately following, the meeting. 6 10 Section 4.3 Special Meetings Special meetings may be. called by the Chair or upon written request of three (3) members of the Commission (Ordinance No. #2023-0-003 (Adopted 2/8/2023 and Amended 3/8/2023). Section 4.4 Quorum. A majority of three (3) of the five (5) members shall constitute a quorum for holding a meeting and for taking any action. No action shall be taken on any item before the Commission in the absence of a quorum. Section 4.5 Call to Order. Commission meetings will be called to order by the Chair or, if absent, by the Vice-Chair. In the absence of the Chair and the Vice-Chair, the meeting shall be called to order by the Secretary, and a temporary Chair shall be elected to preside over the meeting. Section 4.6 Conduct of Meeting. All meetings of the Commission shall be governed by the Texas Open Meetings Act, Tex. Gov’t Code, Chapter 551. Commission meetings will be conducted in accordance with these Bylaws and City Council Meeting Rules and Procedures, as applicable to the Commission. See Board and Committee Member Handbook. Handbook (being reviewed by Council at 3.22.23 Meeting) Section 4.7 Voting. a. Each Member shall vote on all agenda items, except on matters wherein the member has involving a conflict of interest, substantial financial interest, or substantial economic interest under state law, the City’s Ethics Ordinance, or other applicable Laws, Rules and Policies. In such instances the Member shall make the required disclosures and shall refrain from participating in both the discussion and the vote on the matter. The Member may not remain at the dais and shall leave the room while the matter is being considered and voted on by the other Commission Members. Any abstentions shall be handled in accordance with the Board and Committee Handbook. Any member of the Commission who has or believes that she/he has a conflict of interest in a matter that is to be considered and/or acted upon by the Commission shall excuse herself/himself from the consideration and/or action and refrain from discussing and/or voting on said item in her/his official capacity as Commission Member. b. The Chair may initiate motions and may also vote on each issue. c. Voting shall be by hand or may be made verbally and noted by the Secretary. b.d. The affirmative vote of a majority of members constituting a quorum of the Commission shall be necessary and sufficient for any recommendation, resolution, plan, or other voting matter. Section 4.8 Minutes. a. A recording or written minutes shall be made of all open sessions of Commission meetings. Formatted: Font: 11.5 pt b. The City Secretary Staff Liaison shall record all open sessions of Commission meetings Formatted: Justified, Numbered + Level: 1 + c. The City Secretary shall record minutes of all meetings. In the City Secretary’s absence, tThe Numbering Style: a, b, c, … + Start at: 1 + Alignment: Secretary of the Commission shall record the minutes and submit an original a copy within three Left + Aligned at: 0.25" + Indent at: 0.5" (3) days after the meeting to the City Secretary Staff Liaison for submission to the City Formatted: Numbered + Level: 1 + Numbering Style: Secretary. a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: a.d. . The City Secretary is the custodian of all Commission records and documents. 0.25" + Indent at: 0.5" Formatted: Font: 11.5 pt Section 4.9 Attendance. a. Members are required to attend Commission meetings prepared to discuss the issues on the Formatted: Justified, Indent: Left: 0.25", Hanging: agenda. All members of the Commission shall endeavor to attend all meetings. 0.19", Numbered + Level: 1 + Numbering Style: a, b, c, b. Any member of the Commission failing to attend three (3) consecutive scheduled meetings … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + without good cause shall be subject to removal from the Commission by the Council. Indent at: 0.5" c. All members who will miss a meeting, whether scheduled or called, shall endeavor to give prior 7 11  notification to the Chairperson, Vice-Chair, and/or City staff members as soon as possible. Section 4.10 Public Participation. In accordance with City policyCity of Liberty Hill Code of Ordinances, Section 1.03.033, the public is welcome to attend Commission meetings and to speak on any item on the agenda. A person wishing to address the Commission must sign up to speak in accordance with the policy of the Council concerning participation and general public comment at public meetings. Sign-up sheets will be available and should be submitted to the Staff Liaison prior to the start of the meeting. If any written materials are to be provided to the Commission, a copy shall also be provided to the Staff Liaison and the Commission Secretary for inclusion in the minutes of the meeting. Speakers shall be allowed a maximum of three (3) minutes to speak. If a person wishes to speak on an issue that is not posted on the agenda, he or she must file a written request with the Staff Liaison before the meeting prior to the deadline posted in the Meeting Agenda. The written request must state the specific topic to be addressed and include sufficient information to inform the Commission and the public. A person who disrupts the meeting may be asked to leave and be removed. See Ordinance (Jerry to find the related City ordinance) Commented [JM1]: This is State Penal Code Section 42.05 Section 4.11 Open Meetings. Public notice of Commission meetings shall be provided in accordance with the provision of the Texas Open Meetings Act. All Commission meetings and deliberations shall be open to the public, except for properly noticed Executive Session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. Section 4.12 Executive Sessions. The Commission may conduct executive sessions as allowed by law, on properly noticed executive session matters, such as consultation with attorney on legal matters, Formatted: Not Highlight deliberation regarding value of real property, competitive utility matters, and development negotiations. A recording or certified agenda shall be made of all executive sessions of Commission meetings. (Note: The reasons may need to be refined to align with duties). Section 4.13 Comprehensive Plan Updates. The Commission shall review the Comprehensive Plan Formatted: Font: Not Bold Implementation Plan twice annually for compliance with the plan and make recommendations to staff for accomplishing the items in the plan. Additionally, the Commission shall review the Comprehensive Plan as needed or requested by City Council. Formatted: Font: Not Bold Do we need to add a section with any procedures for the Comp Plan future amendments and monitoring the implementation as Paul mentioned that is now included in Reporting to Council? Commented [JM2]: It would be appropriate to add a biannual review of the Comp. Plan Action Items. Section 4.14 Goals, Strategies and Annual Workplan. The Commission shall review the annual work Formatted: Font: Not Bold plan regularly to ensure the goals and action items are being completed. The annual work plan shall be Formatted: Right: 0" updated annually, in November of each year. Formatted: Font: Not Bold Do we need to add something on the preparation of Goals, Objectives, and Annual Work Plan and if that should be at a certain time of year if Paul is planning an annual joint meetings? This could 8 12 be a separate section versus in duties (has been included in the Council Reporting section). Section 4.15 Approval of Plans and Plats. a. In accordance with Chapter 212 of the Local Government Code, the Commission shall approve, approve with conditions, or deny a plan or plat within thirty (30) days after the date the plat is filed. If a plan or plat is approved, the Chair shall endorse, and the City Secretary shall attest, the plan or plat with a certificate indicating the approval. If a plan or plat is conditionally approved or denied, the Commission shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval that clearly articulates each specific condition for the conditional approval or reason for the disapproval. The Staff Liaison shall prepare the written statement, which shall be endorsed by the Chair and attested by the City Secretary, as soon as practicable after the conditional approval or denial of the plan or plat. b. In accordance with Chapter 212 of the Local Government Code, the Commission shall approve, approve with conditions, or deny a plan or plat within fifteen (15) days after the date the applicant submits to the Commission a written response that purports to satisfy each condition for the conditional approval or remedy each reason for disapproval previously provided by the Commission. If a plan or plat is approved, the Chair shall endorse, and the City Secretary shall attest, the plan or plat with a certificate indicating the approval. If a plan or plat is conditionally approved or denied, the Commission shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval that clearly articulates each specific condition for the conditional approval or reason for the disapproval. The Staff Liaison shall prepare the written statement, which shall be endorsed by the Chair and attested by the City Secretary, as soon as practicable after the conditional approval or denial of the plan or plat. Section 4.16 UDC Annual Updates or Amendments. In accordance with UDC Section 1,10, the purpose of this section is to provide guidance for annual updates to the Code in order to modify procedures and standards for workability and administrative efficiency, eliminate unnecessary development costs, and to update the procedures and standards to reflect changes in the law or the state of the art in land use planning and urban design. a. In the sixty (60) day prior to September 1st of each year, any person may provide a request for amendment to the Code to the City Secretary. The request for amendment shall be labeled an “Annual Update Request” and shall include a summary of the proposed changes, the reason for the proposed changes, and suggested text amendments. Annual Update Request shall serve a legitimate purpose. b. The City Secretary shall receive the proposed amendments within the sixty (60) days preceding September 1st and shall refer the proposed amendments to the Planning and Zoning Commission by October 1st of each year. c. The Planning and Zoning Commission may conduct workshops to informally discuss the Annual Update Requests with interested neighborhoods, developers, homebuilders, design professionals, and other stakeholders in the development process. d. The Planning and Zoning Commission shall refer the Annual Update Requests to the City Council with recommendations for amendments to the Code by December 1st of each year. SECTION V REPORTS TO COUNCIL 9 13 Section 5.1 The Commission shall make bi-annual reports to the City Council. The reports shall take place in January and July during a joint meeting of the City Council and the Commission. The report shall be given by the Chair, or by a member of the Commission in the absence of a Chair. The reports shall consist of (but not limited to) the following information: 1. Implementation of the Comprehensive Plan and any UDC updates; 2. A review of the accomplishments of the Commission; 3. The Goals, Objectives and Workplan for the year and its associated status; 4. Anticipated short-term and long-term challenges in achieving the goals of the Annual Work Plan, together with recommendations to meet such challenges. 10 14  SECTION VI. WORKING GROUPS Section 46.1 Formation. When deemed necessary by a majority of the Commission, Working Groups may be formed for specific projects related to Commission matters. Working Groups must be less than a quorum of the Commission. Section 46.2 Open Meetings. Working Groups are not required to post their meetings in accordance with Texas Government Code Chapter 551 (Texas Open Meetings Act). SECTION VII. BYLAW AMENDMENTS Section 7.1 The Commission shall have Bylaws which will specific their own policies and procedures, officers, meeting dates, absences policy, and any policies/procedures unique to the Commission. The Bylaws shall not contradict any applicable State Laws/Statutory Regulations which apply or Article 1.07, Division 1 Generally (Ordinance No. #2023-03-003 (adopted 2/8/2023). These Bylaws may be amended by majority vote of the Commission Members at any regular meeting of the Commission. The Commission’s proposed amendments to the Bylaws must be approved by the City Council at the next Council meeting after the Commission’s approval. Bylaw amendments are not effective until approved by City Council. 11 15  ATTACHMENT A PLANNING AND ZONING COMMISSION ARTICLE 1.07, DIVISION 2, Part II: Bylaws SECTION I. NAME AND PURPOSE Section 1.1. Name. Planning and Zoning Commission (“Commission”) Section 1.2. Purpose. a. The Commission is established to exercise the powers and duties of a planning board and a zoning commission as provided by law, including Local Government Code Chapters 211 and 212, the city Code of Ordinances, and the Unified Development Code (UDC), as each may be amended. (Refer to Ordinance 1.07, Division 2, Article 1.07.32 Creation and Ordinance 1.07, Division 1 Generally (Ordinance No. #2023-0-003 (Adopted 2/8/2023 and Amended 3/8/2023)) As outlined in Article 1.07 Division 2, Section 1.07.032, the City of Liberty Hill established a planning board which shall also serve as a zoning board and which shall be known as the planning and zoning commission (hereinafter “Commission”) for the city. The Commission shall as act predominately as an advisory board to the City Council, except regarding plats wherein the Commission may take action. The Commission shall make recommendations relating to the development and redevelopment of the city and its environs. The Commission shall have all duties imposed upon such body by ordinance, state statute or other applicable law. (redlined Ordinance 09-O-46 adopted 9/14/09) The Commission is responsible to and shall act predominately as an advisory body to the Council and shall perform such duties and exercise such additional powers as may be described by ordinances of the City. (redlined from Ordinance 14-0-12 adopted 4/14/14) b. The Commission must always bear in mind that the issues before it is never primarily for the profit or loss to a particular individual or entity, but the maintenance of such system of planning and zoning that will best serve the interests of the City Community as a whole. The Commission has the power, and its duties include: (redlined Ordinance 14-0-12 adopted 4/14/14) 1. To make appropriate surveys, investigations, reports, and recommendations relating to community planning and development to the Council, and to recommend the approval, disapproval, modification, or rejection of all plans, plats, or re-plats of land, additions, subdivisions, and properties within the City; 2. To make plans or maps of whole or any part of the City and of land outside the City located within five (5) miles of the City limits and any other land outside the City, which, in the opinion of the Commission, bears a relation to the planning of the City and to make changes in, additions to, and extensions of such plans or maps when it deems the same advisable; 3. To act with and assist all other municipal and governmental agencies, and particularly the Council, in formulating and executing proper plans or maps for municipal development and growth; 1 16 4. To recommend to the Council the passage of such ordinances as it may deem necessary to carry out its program; 5. To recommend to the Council approval or disapproval of proposed changes in the City’s zoning ordinance and plans, and to make any recommendations concerning any future zoning plans; 6. To make and adopt a comprehensive community plan for the guidance and control of the future development of the community; 7. To aid and assist the Council in the annual preparation of a long-range capital improvement plan; 8. To investigate and evaluate the opening, vacating, narrowing, abandoning, or changing the scope, character, and standards for streets, roads, and alleyways within the City and the City’s extraterritorial jurisdiction; 9. To function as the City Zoning Commission and exercise all of those powers and duties permitted by Chapter 211 of the Texas Local Government Code, and City Ordinances as each may be amended from time to time; 10. Functioning as the municipal authority responsible for approving plats and exercising all of those powers and duties permitted or required by Chapter 212 of the Local Government Code, the City Charter, and City ordinances, as each may be amended from time to time; 11. To review and recommend to Council any Development Agreements containing language related to design standards and/or land use. 12. Review and recommendation related to any Overlay District Designation (UDC 2.03.06) 13. Review and recommendation variance requests (UDC 3.08.06 G). 14. Perform such other duties as may be prescribed by ordinance or State law. 15. Others per UDC to discuss: a. UDC 6.11.03 Administration indicates all final decisions concerning participation in costs and completion of improvements that may be specified in a traffic impact analysis, capital improvement plan, or mitigation plan, as required in this section shall be made by the City Administrator and reviewed in advance by the Planning and Zoning Commission. Need to either add this responsibility or correct the UDC). 2 17  SECTION II. MEMBERSHIP Section 2.1 Member Qualifications, Application, Terms of Office and Vacancies, and Removal shall be in accordance with Articles set forth in Division 1 Generally (Ordinance No. #2023-0-003 (Adopted 2/8/2023 and Amended 3/8/2023 Section 2.2 Requirements of Members. a. In accordance with Article 1.07, Division 1 Generally, Section 1.07.006 (Ordinance No. #2023-0-003 (Adopted 2/8/2023 and Amended 3/8/2023)) among other requirements at time of application, Members must: 1. Complete training from the City Secretary’s Office staff related to Ethics (Ordinance No. #18-0-108), conflicts of interest, parliamentary procedures, Council’s rule of decorum. 2. Agree to utilize email accounts assigned to them on the City’s domain for Commission business and provide information as may be requested under Public Information Act. 3. Agree to sign non-disclosure Agreement (NDA) and be subjected to a background check as may be required if dealing with confidential information. b. In accordance with Article 1.07, Division 1 Generally, Section 1.07.008 (Ordinance No. #2023-0-003 (Adopted 2/8/2023 and Amended 3/8/2023), upon appointment, all members shall receive training on the Uniform Board and Committee Ordinance, The Board and Committee Handbook, Texas Open Meeting Training (as required) , Texas Public Information Act (as may be required), the City’s Code of Ethics and Conflict of Interest forms, Parliamentary Procedure for Liberty Hill Non-Disclosure/Confidentiality Agreement(s) and Overview of the Organization Chart of the City, Training shall be conducted within 90-days of appointment. c. All members shall receive copies of the City Board and Committee Handbook, the Planning and Zoning Commission Bylaws, the current Comprehensive Plan, the Unified Development Code, Texas Local Government Code 211 and 212, the City’s Vision, Mission and Core Values, the City’s Guiding Development Principles, and attend any other necessary onboarding activities as required by the City. Section 2.7 Expenditure of Funds. a. In accordance with Article 1.07.005 Division 1, Generally (Ordinance No. #2023-0-003 (Adopted 2/8/2023 and Amended 3/8/2023)), Members shall serve without compensation. b. The Commission and its Members have no authority to expend funds or to incur or make an obligation on behalf of the City unless authorized and approved by the City Council. Section 2.8 Compliance with City Policy. Members will comply with City Ordinances, Rules and Policies applicable to the Commission and the Members, including but not limited to Ethics Ordinance No. #08-0-108 and Boards, Committees, and Commissions Ordinance Article 1.07 Division 1, Generally (Ordinance No. #2023-0-003 (Adopted 2/8/2023 and Amended 3/8/2023)). 3 18  SECTION III. COMMISSION OFFICERS (redlined Ordinance 14-0-12 adopted 4/14/14) Section 3.1 Officers. The Commission shall select a Chair, Vice-Chair, and Secretary, and such other officials as deems necessary from its membership. Section 3.2 Terms of Office for Commission Officers. Selection of officers shall be conducted every July, following the City Council appointment of any new members, or at the next scheduled meeting thereafter. Section 3.3 Duties. a. The Chair presides at Commission Meetings. The Chair shall generally manage the business of the Commission. The Chair shall perform the duties delegated to the Chair by the Commission. The Chair shall act as a liaison between the City Council and the Planning and Zoning Commission. b. The Vice-Chair shall perform the duties delegated to the Vice-Chair by the Commission. The Vice-Chair presides at the Commission meetings in the Chair’s absence. The Vice-Chair shall perform the duties of Chair in his/her absence. c. The Secretary shall perform the duties delegated to the Secretary by the Commission. SECTION IV. MEETINGS AND ATTENDANCE (redlined Ordinance 14-0-12 adopted 4/14/14 if applicable) , Section 4.1 Time and Date of Regular Meeting. a. Meetings of the Commission shall be established on a schedule and at a location as determined by the Commission. The Commission shall have at least one regular meeting at least every 90 days (Article 1.07 Division 1 Generally, Section 1.07.007 (Ordinance No. #2023-0-003 (Adopted 2/8/2023 and Amended 3/8/2023)). All meetings shall be open to the public, unless an executive session is conducted. Public notice of all meetings shall be posted in accordance with State law. b. Regular Commission meetings will be held the first and third Tuesdays at 6:30 PM at the Municipal Court House located at 2801 Ranch Road 1869 in Liberty Hill, or as posted. Section 4.2 Agenda. a. An agenda listing the items and in the order in which they are to be considered shall be posted at least seventy-two (72) hours before each meeting. Anyone wishing to have an item placed on the agenda must contact either the Chair, the Vice-Chair, City Administrator, Director of Planning, or City Secretary forty-eight (48) hours prior to the posting of the agenda. A copy of the agenda shall be posted at least seventy-two (72) hours before the meeting. b. The City Secretary will post agendas of meetings in accordance with City ordinances and State laws. 4 19  c. The Staff Liaison will provide a word version of the agenda to the Secretary of the Commission prior to, or immediately following, the meeting. Section 4.3 Special Meetings Special meetings may be. called by the Chair or upon written request of three (3) members of the Commission (Ordinance No. #2023-0-003 (Adopted 2/8/2023 and Amended 3/8/2023). Section 4.4 Quorum. A majority of three (3) of the five (5) members shall constitute a quorum for holding a meeting and for taking any action. No action shall be taken on any item before the Commission in the absence of a quorum. Section 4.5 Call to Order. Commission meetings will be called to order by the Chair or, if absent, by the Vice-Chair. In the absence of the Chair and the Vice-Chair, the meeting shall be called to order by the Secretary, and a temporary Chair shall be elected to preside over the meeting. Section 4.6 Conduct of Meeting. All meetings of the Commission shall be governed by the Texas Open Meetings Act, Tex. Gov’t Code, Chapter 551. Commission meetings will be conducted in accordance with these Bylaws and City Council Meeting Rules and Procedures, as applicable to the Commission. See Board and Committee Member Handbook. Section 4.7 Voting. a. Each Member shall vote on all agenda items, except on matters wherein the member has a conflict of interest, substantial financial interest, or substantial economic interest under state law, the City’s Ethics Ordinance, or other applicable Laws, Rules and Policies. In such instances the Member shall make the required disclosures and shall refrain from participating in both the discussion and the vote on the matter. The Member may not remain at the dais and shall leave the room while the matter is being considered and voted on by the other Commission Members. Any abstentions shall be handled in accordance with the Board and Committee Handbook. b. The Chair may initiate motions and may also vote on each issue. c. Voting shall be by hand or may be made verbally and noted by the Secretary. d. The affirmative vote of a majority of members constituting a quorum of the Commission shall be necessary and sufficient for any recommendation, resolution, plan, or other voting matter. Section 4.8 Minutes. a. A recording or written minutes shall be made of all open sessions of Commission meetings. b. The Staff Liaison shall record all open sessions of Commission meetings. c. The Secretary of the Commission shall record the minutes and submit a copy within three (3) days after the meeting to the Staff Liaison for submission to the City Secretary. d. The City Secretary is the custodian of all Commission records and documents. 5 20 Section 4.9 Attendance. a. Members are required to attend Commission meetings prepared to discuss the issues on the agenda. b. Any member of the Commission failing to attend three (3) consecutive scheduled meetings without good cause shall be subject to removal from the Commission by the Council. c. All members who will miss a meeting, whether scheduled or called, shall endeavor to give prior notification to the Chair, Vice-Chair, and/or City staff members as soon as possible. Section 4.10 Public Participation. In accordance with City of Liberty Hill Code of Ordinances, Section 1.03.033, the public is welcome to attend Commission meetings and to speak on any item on the agenda. A person wishing to address the Commission must sign up to speak in accordance with the policy of the Council concerning participation and general public comments at public meetings. Sign-up sheets will be available and should be submitted to the Staff Liaison prior to the start of the meeting. If any written materials are to be provided to the Commission, a copy shall also be provided to the Staff Liaison and the Commission Secretary for inclusion in the minutes of the meeting. Speakers shall be allowed a maximum of three (3) minutes to speak. If a person wishes to speak on an issue that is not posted on the agenda, he or she must file a written request with the Staff Liaison before the meeting prior to the deadline posted in the Meeting Agenda. The written request must state the specific topic to be addressed and include sufficient information to inform the Commission and the public. Section 4.11 Open Meetings. Public notice of Commission meetings shall be provided in accordance with the provision of the Texas Open Meetings Act. All Commission meetings and deliberations shall be open to the public, except for properly noticed Executive Session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. Section 4.12 Executive Sessions. The Commission may conduct executive sessions as allowed by law, on properly noticed executive session matters, such as consultation with attorney on legal matters, deliberation regarding value of real property, competitive utility matters, and development negotiations. A recording or certified agenda shall be made of all executive sessions of Commission meetings. Section 4.13 Comprehensive Plan Updates. The Commission shall review the Comprehensive Plan Implementation Plan twice annually for compliance with the plan and make recommendations to staff for accomplishing the items in the plan. Additionally, the Commission shall review the Comprehensive Plan as needed or requested by the City Council. Section 4.14 Goals, Strategies and Annual Workplan. The Commission shall review the annual work plan regularly to ensure the goals and action items are being completed. The annual work plan shall be updated annually, in November of each year. Section 4.15 Approval of Plans and Plats. a. In accordance with Chapter 212 of the Local Government Code, the Commission shall approve, approve with conditions, or deny a plan or plat within thirty (30) days after the date the plat is filed. If a plan or plat is approved, the Chair shall endorse, and the City Secretary shall attest, the plan or plat with a certificate indicating the approval. If a plan or plat is conditionally approved or denied, the Commission shall provide the applicant a written 6 21  statement of the conditions for the conditional approval or reasons for disapproval that clearly articulates each specific condition for the conditional approval or reason for the disapproval. The Staff Liaison shall prepare the written statement, which shall be endorsed by the Chair and attested by the City Secretary, as soon as practicable after the conditional approval or denial of the plan or plat. b. In accordance with Chapter 212 of the Local Government Code, the Commission shall approve, approve with conditions, or deny a plan or plat within fifteen (15) days after the date the applicant submits to the Commission a written response that purports to satisfy each condition for the conditional approval or remedy each reason for disapproval previously provided by the Commission. If a plan or plat is approved, the Chair shall endorse, and the City Secretary shall attest, the plan or plat with a certificate indicating the approval. If a plan or plat is conditionally approved or denied, the Commission shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval that clearly articulates each specific condition for the conditional approval or reason for the disapproval. The Staff Liaison shall prepare the written statement, which shall be endorsed by the Chair and attested by the City Secretary, as soon as practicable after the conditional approval or denial of the plan or plat. Section 4.16 UDC Annual Updates or Amendments. In accordance with UDC Section 1,10, the purpose of this section is to provide guidance for annual updates to the Code in order to modify procedures and standards for workability and administrative efficiency, eliminate unnecessary development costs, and to update the procedures and standards to reflect changes in the law or the state of the art in land use planning and urban design. a. In the sixty (60) day prior to September 1st of each year, any person may provide a request for amendment to the Code to the City Secretary. The request for amendment shall be labeled an “Annual Update Request” and shall include a summary of the proposed changes, the reason for the proposed changes, and suggested text amendments. Annual Update Request shall serve a legitimate purpose. b. The City Secretary shall receive the proposed amendments within the sixty (60) days preceding September 1st and shall refer the proposed amendments to the Planning and Zoning Commission by October 1st of each year. c. The Planning and Zoning Commission may conduct workshops to informally discuss the Annual Update Requests with interested neighborhoods, developers, homebuilders, design professionals, and other stakeholders in the development process. d. The Planning and Zoning Commission shall refer the Annual Update Requests to the City Council with recommendations for amendments to the Code by December 1st of each year. 7 22  SECTION V REPORTS TO COUNCIL Section 5.1 Reports. The Commission shall make bi-annual reports to the City Council. The reports shall take place in January and July during a joint meeting of the City Council and the Commission. The report shall be given by the Chair, or by a member of the Commission in the absence of a Chair. The reports shall consist of (but not limited to) the following information: 1. Implementation of the Comprehensive Plan and any UDC updates; 2. A review of the accomplishments of the Commission; 3. The Goals, Objectives and Workplan for the year and its associated status; 4. Anticipated short-term and long-term challenges in achieving the goals of the Annual Work Plan, together with recommendations to meet such challenges. SECTION VI. WORKING GROUPS Section 6.1 Formation. When deemed necessary by a majority of the Commission, Working Groups may be formed for specific projects related to Commission matters. Working Groups must be less than a quorum of the Commission. Section 6.2 Open Meetings. Working Groups are not required to post their meetings in accordance with Texas Government Code Chapter 551 (Texas Open Meetings Act). SECTION VII. BYLAW AMENDMENTS Section 7.1 Bylaw Amendments. The Commission shall have Bylaws which will specific their own policies and procedures, officers, meeting dates, absences policy, and any policies/procedures unique to the Commission. The Bylaws shall not contradict any applicable State Laws/Statutory Regulations which apply or Article 1.07, Division 1 Generally (Ordinance No. #2023-03-003 (adopted 2/8/2023). These Bylaws may be amended by majority vote of the Commission Members at any regular meeting of the Commission. The Commission’s proposed amendments to the Bylaws must be approved by the City Council at the next Council meeting after the Commission’s approval. Bylaw amendments are not effective until approved by the City Council. 8 23  CITY COUNCIL JOINT MEETING WITH PLANNING AND ZONING COMMISSION CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT SPECIAL MEETING THURSDAY - JUNE 1, 2023 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 3.b Discussion and consideration of the Board of Adjustments (BOA) proposed ordinance. 24  Joint City Council & P&Z Meeting Date: June 1, 2023 Item No.3b Requested By: Planning & Zoning Commission and City Council Submitted/Prepared By: Jerry L. Millard, Jr., Planning Director Type: (Action/Discussion Only /Consent/Exec. Session/Public Hearing): Discussion AGENDA ITEM COVER SHEET ITEM/TITLE: Board of Adjustments (BOA) proposed ordinance. AGENDA ITEM WORDING: Discussion and consideration of the Board of Adjustments (BOA) proposed ordinance. EXECUTIVE / BACKGROUND SUMMARY: The Commission has requested this meeting to discuss the roles and responsibilities of the Commission regarding the Board of Adjustments (BOA) proposed ordinance and how to incorporate the BOA in the new bylaws. FISCAL NOTES/FINANCIAL BACKGROUND/FINANCIAL IMPACT: There is no financial impact on the City at this time. SUGGESTED WORDING FOR MOTION(S) REGARDING ORDINANCES OR RESOLUTIONS: Not applicable ATTACHMENTS: a. Draft BOA Ordinance Redline b. Draft BOA Ordinance Clean Page 1 of 1 25 (MJ) Draft “A” August 23, 2022 ATTACHMENT A 2.03.05 Board of Adjustment (BOA or Board) A. The regulations and restrictions of the Board of Adjustment (BOA) for the City of Liberty Hill will be pursuant to the provisions of applicable statutory requirements of the State of Texas, the UDC, and the City’s Code of Ordinances. No BOA action may govern if in conflict with specific provisions of these regulationsis Code. B. The BOA has the powers and duties of a BOA in accordance with the Texas Local Government Code (Code) §211.008. The BOA’s jurisdiction extends to and includes the following final actions: 1. Appeal of an Administrative Decision 2. Administrative Exception 3. Variances C. The BOA will be constituted and conduct all activities in accordance with the Code and all other applicable Codes, and any adopted Bylaws. The City Council of the City of Liberty Hill will appoint the members of the BOA, in doing so, the City Council mayshall: Commented [MJ1]: Shall? 1. Consider applications from members of the community. 2. Consider recommendations of the Planning & Zoning Commission. 3. Consider recommendations from any other advisory board to the Council. Commented [JM2]: P&Z questioned the requirement of reviewing applicants for the BOA by other Committees and 4. Consider the appointment of qualified individuals with residence within city limits, the Boards. Liberty Hill Independent School District, or in the ETJ. Commented [JM3]: P&Z recommended adding those 5. Any vacancy in the BOA may be filled following the same procedure as the appointment. residing in the ISD to the list of eligible appointments. 6. The BOA will consist of five (5) members members of the BOA who will be appointed Commented [JM4]: There was no indication on the for a term of two (2) years. required number of members. P&Z recommended five members. 7. The City Council may remove a board member for cause on a written charge after a public hearing. A vacancy on the board shall be filled for the unexpired term. 8. The City CoundilCouncil may provide for the appointment of alternate board members to serve in the absence of one or more regular members when requested to do so by the mayor or city administrator. An alternate member serves for the same period as a regular member and is subject to removal in the same manner as a regular member. A vacancy among the alternate members is filled in the same manner as a vacancy among the regular members. 9. The City Council may act as the BOA if there are no sufficient members in the BOA to have a quorum. The City Council may choose to appoint a member of City Council to the vacancy in the BOA, until the vacancy is filled. until such time as a separate BOA has been created. Formatted: Font: 12 pt, Font color: Black Formatted: Indent: Left: 0.5" BOARD OF ADJUSTMENT (BOA) Page 4 of 6 26 (MJ) Draft “A” August 23, 2022 D. The BOA review process will be required for any permit or application that requires final action from the BOA, as described in this Code. E. Initiation of a BOA process may be made upon: 1. Application by the property owner of the affected property or its authorized agent. 2. An administrative exception may only be requested by the City Administrator. 3. Appeal of an administrative decision may be initiated by any person aggrieved by the administrative decision, in compliance with §211.010 of the Texas Local Government Code. F. Applications must be made in a format consistent with requirements determined by the City Administrator or designee. Applications must include all materials determined necessary by the City Administrator or designee. Information regarding format requirements and submittal materials required for the application will be made available by the City Administrator in advance of any application. G. Appeal of an administrative decision must be made to the BOA in a format acceptable to the BOA. H. Upon submission of an application, the City Administrator will determine whether the Formatted: Font color: Auto application is complete, as described in Chapter 3. Commented [MJ5]: Chapter 3 must be reviewed to make sure it meets the needs of staff in the process of review. I. Appeals of administrative decisions will be forwarded to the BOA regardless of completeness. Relevant section is 3.08.04, need to review to determine if The BOA will determine whether the appeal is complete. we need an amendment to this section also. J. Once a procedure has been initiated and the application deemed complete, the City Formatted: No underline, Font color: Auto Administrator will review the application, considering any applicable criteria for approval and Formatted: Font color: Auto prepare a report to the BOA. K. The City Administrator may establish procedures for administrative review necessary to ensure compliance with this Code and state law. Commented [MJ6]: Paul, how do you envision this paragraph to work? That you will provide for regulations for L. The City Administrator may assign staff to review the application and provide a preliminary the BOA on how to process with the administrative appeal report to the ManagerAdministrator. hearings? M. The City Administrator’s report may include a recommendation for final action. N. The BOA will review the application, the City Administrator’s report, conduct a hearing in accordance with the BOA’s established procedures and state law, and take final action on the application. In accordance with Texas Local Government Code 211.009, the concurring vote of 75 percent of the members of the board is necessary to: 1. reverse an order, requirement, decision, or determination of an administrative Formatted: Font color: Auto official[,] Formatted: No underline, Font color: Auto 2. decide in favor of an applicant on a matter on which the board is required to pass Formatted: Font color: Auto under a zoning requirement (Chapter 4 of this Code), or Formatted: Font color: Auto 3. authorize a variation from the terms of the zoning ordinance (Chapter 4) of this Code. Formatted: No underline, Font color: Auto O. The application must be complete and the information contained within the application must Formatted: Font color: Auto be sufficient and correct enough to allow adequate review and final action. Formatted: Font color: Auto BOARD OF ADJUSTMENT (BOA) Page 5 of 6 27 (MJ) Draft “A” August 23, 2022 P. Specific criteria for considering Administrative Exceptions are provided in Chapter 3. Formatted: Font color: Auto Q. Specific procedures and criteria for considering appeals of administrative decisions are Formatted: No underline, Font color: Auto provided in Chapter 3. Formatted: Font color: Auto R. Any persons aggrieved by a final action on a BOA procedure may appeal to a competent Commented [MJ7]: LGC says that also a taxpayer or an court of record within ten (10) days of the final action (seein accordance with the Texas Local officer, department, board of the municipality may appeal. Government Code, SS §211.011). Failure to appeal within ten (10) days shall cause the final action to be contractually agreed to and the action will become final and unappealable. The action will be abated upon request of either party for mediation if appealed within 10 days. S. Prior to filing an appeal with a competent court of record, any party to an appeal may request that alternative resolutionmediation of the dispute be attempted. Commented [MJ8]: I suggest defining what the alternative resolution is. Mediation? BOARD OF ADJUSTMENT (BOA) Page 6 of 6 28  ATTACHMENT A 2.03.05 Board of Adjustment (BOA or Board) A. The regulations and restrictions of the Board of Adjustment (BOA) for the City of Liberty Hill will be pursuant to the provisions of applicable statutory requirements of the State of Texas, the UDC, and the City’s Code of Ordinances. No BOA action may govern if in conflict with specific provisions of these regulations. B. The BOA has the powers and duties of a BOA in accordance with the Texas Local Government Code (Code) §211.008. The BOA’s jurisdiction extends to and includes the following final actions: 1. Appeal of an Administrative Decision 2. Administrative Exception 3. Variances C. The BOA will be constituted and conduct all activities in accordance with the Code and all other applicable Codes, and any adopted Bylaws. The City Council of the City of Liberty Hill will appoint the members of the BOA, in doing so, the City Council shall: 1. Consider applications from members of the community. 2. Consider the appointment of qualified individuals with residence within city limits, the Liberty Hill Independent School District, or in the ETJ. 3. Any vacancy in the BOA may be filled following the same procedure as the appointment. 4. The BOA will consist of five (5) members who will be appointed for a term of two (2) years. 5. The City Council may remove a board member for cause on a written charge after a public hearing. A vacancy on the board shall be filled for the unexpired term. 6. The City Council may provide for the appointment of alternate board members to serve in the absence of one or more regular members when requested to do so by the mayor or city administrator. An alternate member serves for the same period as a regular member and is subject to removal in the same manner as a regular member. A vacancy among the alternate members is filled in the same manner as a vacancy among the regular members. 7. The City Council may act as the BOA if there are no sufficient members in the BOA to have a quorum. The City Council may choose to appoint a member of City Council to the vacancy in the BOA, until the vacancy is filled. D. The BOA review process will be required for any permit or application that requires final action from the BOA, as described in this Code. E. Initiation of a BOA process may be made upon: 1. Application by the property owner of the affected property or its authorized agent. BOARD OF ADJUSTMENT (BOA) Page 4 of 6 29  2. An administrative exception may only be requested by the City Administrator. 3. Appeal of an administrative decision may be initiated by any person aggrieved by the administrative decision, in compliance with §211.010 of the Texas Local Government Code. F. Applications must be made in a format consistent with requirements determined by the City Administrator or designee. Applications must include all materials determined necessary by the City Administrator or designee. Information regarding format requirements and submittal materials required for the application will be made available by the City in advance of any application. G. Appeal of an administrative decision must be made to the BOA in a format acceptable to the BOA. H. Upon submission of an application, the City Administrator will determine whether the application is complete, as described in Chapter 3. I. Appeals of administrative decisions will be forwarded to the BOA regardless of completeness. The BOA will determine whether the appeal is complete. J. Once a procedure has been initiated and the application deemed complete, the City Administrator will review the application, considering any applicable criteria for approval and prepare a report to the BOA. K. The City Administrator may establish procedures for administrative review necessary to ensure compliance with this Code and state law. L. The City Administrator may assign staff to review the application and provide a preliminary report to the Administrator. M. The City Administrator’s report may include a recommendation for final action. N. The BOA will review the application, the City Administrator’s report, conduct a hearing in accordance with the BOA’s established procedures and state law, and take final action on the application. In accordance with Texas Local Government Code 211.009, the concurring vote of 75 percent of the members of the board is necessary to: 1. reverse an order, requirement, decision, or determination of an administrative official, 2. decide in favor of an applicant on a matter on which the board is required to pass under a zoning requirement (Chapter 4 of this Code), or 3. authorize a variation from the terms of the zoning ordinance (Chapter 4) of this Code. O. The application must be complete, and the information contained within the application must be sufficient and correct enough to allow adequate review and final action. P. Specific criteria for considering Administrative Exceptions are provided in Chapter 3. Q. Specific procedures and criteria for considering appeals of administrative decisions are provided in Chapter 3. BOARD OF ADJUSTMENT (BOA) Page 5 of 6 30 R. Any persons aggrieved by a final action on a BOA procedure may appeal to a competent court of record within ten (10) days of the final action in accordance with the Texas Local Government Code, §211.011. Failure to appeal within ten (10) days shall cause the final action to be contractually agreed to and the action will become final and unappealable. The action will be abated upon request of either party for mediation if appealed within 10 days. S. Prior to filing an appeal with a competent court of record, any party to an appeal may request that mediation of the dispute be attempted. BOARD OF ADJUSTMENT (BOA) Page 6 of 6 31