2018-092 PZ Tie-Vote Text AmendmentDate: July 20, 2018 Report No. 2018-092
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT: Planning and Zoning Tie-Vote Text Amendment
EXECUTIVE SUMMARY: The purpose of this memo is to address the complications associated to a tie-vote, specifically with the Planning and Zoning Commission actions. Currently, a tie-vote or failure to obtain a majority vote of the Planning and Zoning Commission on any motion follows City Council Rules of Procedure (City Code, Sec. 2-29) which contains a provision that treats tie-votes as a pending matter which is carried over to the next regular meeting where the full Commission can be convened.
The challenge lies with cases where an individual Commissioner may need to recuse him/herself due to a conflict of interest on a particular item will to continue to have the conflict, which guarantees that there will not be a full board of seven (7) Planning and Zoning Commissioners. In short, the Planning and
Zoning Commission’s inability to forward either a negative or positive recommendation prevents the item from being transferred from the Commission to the City Council.
There are a few options to address the tie-vote issue with Council, the options are dependent on if the
desired outcome is to amend the Denton Development Code (DDC) to solely exempt zoning items from the 3-3 Council Rules of Procedure tie-vote requirement or if Council desires to delete the tie-vote provision entirely. For the purpose of appropriateness, staff is recommending an amendment to the DDC,
specifically addressing the Planning and Zoning Commission operational procedures.
For a DDC amendment, Development Services staff would provide separate work sessions for the Planning and Zoning Commission and the Council. To have an amendment adopted, staff would follow the process for the DDC’s dual public hearing requirement. Draft language is underscored and highlighted below:
35.4.1. - Planning and Zoning Commission.
A. A Planning and Zoning Commission is established which shall consist of seven (7) real property
taxpayers, who, during their respective terms of office and for at least one (1) year prior to the
beginning thereof, shall be residents of the City. They shall be appointed by the City Council for a
term of two (2) years, provided four (4) members shall be appointed each odd-numbered year and
three (3) members each even-numbered year. The City Manager, Mayor, and Director of
Planning and Development shall serve as ex officio members of the Planning and Zoning
Commission, but shall have no vote.
B. None of the appointed members shall hold any other public office or position in the City while
serving on the Planning and Zoning Commission. The Planning and Zoning Commission shall
elect its chairman from among its members. Seven (7) members shall serve without pay and shall
adopt rules and regulations as they deem best governing their actions, proceedings,
deliberations, and the times and places of meetings.
C. If a vacancy occurs on the Planning and Zoning Commission the City Council shall appoint a
commissioner to fill such vacancy for the unexpired term.
Date: July 20, 2018 Report No. 2018-092
35.4.1.1. Operational Procedures.
A. The Planning and Zoning Commission may adopt rules to govern its proceedings provided,
however, that such rules are not inconsistent with this Chapter or state law. Meetings of the
Planning and Zoning Commission may be held at the call of the chairman or at such other times
as the Planning and Zoning Commission may determine and in accordance with the Open
Meetings Act. The chairman or, in his or her absence, the acting chairman may administer oaths
and compel the attendance of witnesses.
B. The Planning and Zoning Commission shall keep minutes of its proceedings, showing the vote of
each member upon each question or, if absent or failing to vote, indicating such fact, and shall
keep a record of its examination and other official actions, all of which shall be immediately filed
in the office of the Planning and Zoning Commission and shall be a public record.
C. Any motion resulting in a tie-vote of the Commission would automatically be deemed as a denial
recommendation to be forwarded to Council for a final decision. Such tie-vote is not subject to City
Code Sec. 2-29.
35.4.1.2. Powers and Duties of the Planning and Zoning Commission.
A. The Planning and Zoning Commission shall have the powers and exercise the duties of a Planning
and Zoning Commission in accordance with Section 211.007 and Section 371.042 of the Texas
Local Government Code. The Planning and Zoning Commission's jurisdiction shall extend to and
include the hearing and deciding of the following types of appeals and applications, and to that
end it shall have the necessary authority to ensure continuing compliance with its decisions. The
Planning and Zoning Commission powers and duties shall include:
1. Make recommendations to the City Council regarding:
a. Adoption of a new Comprehensive Plan or amendment to The Denton Plan.
b. Adoption of a new development code or amendment to the Development Code.
c. An application for a Zoning District change.
d. An application for a Specific Use Permit.
e. An application for an Exaction Variance.
f. An application for a Special Exception.
2. Make final decisions regarding Plat applications.
3. Make final decisions regarding Hardship Variances.
4. Make final decisions regarding Alternative Development Plans.
CONCLUSION: Staff currently plans to discuss options to address the tie-vote issue with the City Council during their August 7, 2018, meeting.
STAFF CONTACT: Scott McDonald Development Services Director Scott.McDonald@CityofDenton.com