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14-72 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-72 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, REPEALING EXISTING PART B, "PROPOSAL RECOMMENDED FOR DENIAL BY THE COMMISSION," OF SUBSECTION 8.4, "COMMISSION CONSIDERATION AND REPORT," OF SECTION 8, "CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES AND DISTRICTS AND ADMINISTRATIVE PROCEDURES," OF CHAPTER 1, "GENERAL PROVISIONS, ADMINISTRATION AND PROCEDURES," OF THE ZONING ORDINANCE, ORDINANCE NO. 05-20, AS AMENDED, AND REPLACING IT WITH A NEW PART B, "PROPOSAL RECOMMENDED FOR DENIAL BY THE COMMISSION" REGARDING PROCEDURES FOR DENIAL RECOMMENDATIONS BY THE PLANNING & ZONING COMMISSION; REPEALING EXISTING PART C, "THREE-FOURTHS VOTE," OF SUBSECTION 8.5, "TOWN COUNCIL CONSIDERATION," OF SECTION 8, "CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES AND DISTRICTS AND ADMINISTRATIVE PROCEDURES," OF CHAPTER 1, "GENERAL PROVISIONS, ADMINISTRATION AND PROCEDURES," OF THE ZONING ORDINANCE, ORDINANCE NO. 05-20, AS AMENDED, AND REPLACING IT WITH A NEW PART C, "THREE-FOURTHS VOTE" REGARDING WRITTEN PROTEST PROCEDURES AND PETITIONS IN OPPOSITION TO A ZONING AMENDMENT; REPEALING EXISTING PART B, "OFFICERS," OF SUBSECTION 8.6, "BOARD OF ADJUSTMENT," OF SECTION 8, "CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES AND DISTRICTS AND ADMINISTRATIVE PROCEDURES," OF CHAPTER 1, "GENERAL PROVISIONS, ADMINISTRATION AND PROCEDURES," OF THE ZONING ORDINANCE, ORDINANCE NO. 05-20, AS AMENDED, AND REPLACING IT WITH A NEW PART C, "OFFICERS," REGARDING OFFICERS OF THE BOARD OF ADJUSTMENT, THEIR APPOINTMENT AND THEIR DUTIES; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after public notice and public hearing as required by law, the Planning and Zoning Commission of the Town of Prosper, Texas, has recommended amending the Town's Zoning Ordinance to add provisions regarding procedures for denial recommendations by the Planning & Zoning Commission, written protest procedures and petitions in opposition to a zoning amendment, and officers of the Board of Appeals and their duties; and WHEREAS, after public notice and public hearing as required by law, and upon due deliberation and consideration of the recommendation of said Planning and Zoning Commission and of all testimony and information submitted during said public hearing, the Town Council of the Town of Prosper, Texas, has determined that it is in the public's best interest and in furtherance of the health, safety, morals, and general welfare of the citizens of the Town to amend the Town's Zoning Ordinance as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, and they are hereby approved and incorporated into the body of this Ordinance as if restated herein in their entirety. SECTION 2 From and after the effective date of this Ordinance, existing Part B, "Proposal Recommended for Denial by the Commission," of Subsection 8.4, "Commission Consideration and Report," of Section 8, "Changes and Amendments to All Zoning Ordinances and Districts and Administrative Procedures," of Chapter 1, "General Provisions, Administration and Procedures," of the Zoning Ordinance, Ordinance No. 05- 20, as amended, is hereby repealed in its entirety and replaced with a new Part B, "Proposal Recommended for Denial by the Commission," to read as follows: "B. Proposal Recommended for Denial by the Commission: The affirmative vote of a majority of the Town Council present is required to overrule a recommendation of the Commission that a proposed zoning amendment, supplement, or change be denied, in accordance with the Town Charter, as it currently exists or may be amended." SECTION 3 From and after the effective date of this Ordinance, existing Part C, "Three- Fourths Vote," of Subsection 8.5, "Town Council Consideration," of Section 8, "Changes and Amendments to All Zoning Ordinances and Districts and Administrative Procedures," of Chapter 1, "General Provisions, Administration and Procedures," of the Zoning Ordinance, Ordinance No. 05-20, as amended, is hereby repealed in its entirety and replace with a new Part C, "Three-Fourths Vote," to read as follows: I.C. Three-Fourths Vote: If a written protest against a proposed amendment, supplement or change to a zoning regulation or boundary has been filed with the Planning Department, duly signed and acknowledged by the owners of twenty percent (20%) or more, either of the area of the lots or land included in such a proposed change to a zoning regulation or boundary or the area of the lots, or land, immediately adjoining the area 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 the affirmative vote of three- fourths (3/4) of all members of the Town Council. Written protests shall be subject to the following requirements: 1, All protests must be submitted to the Planning Department in writing. Such written protest(s) shall include the zoning case number, the name of the protesting property owner, the address(es) or property description(s) of the property for which the property owner is asserting a protest, the reasons for the property owner's protest such as the zoning classifications or uses to which the property owner is opposed, and the signature of the protesting property owner(s). Ordinance No.14-72,Page 2 2. The protest must be filed with the Planning Department before 5:00 p.m. of the fourth (4th) working day immediately preceding the date advertised for the Town Council public hearing in the statutory notice published in the official newspaper of the Town. For example, a written protest must be received by 5:00 p.m., on the Wednesday prior to a regularly scheduled Tuesday Town Council meeting. A protest sent through the mail must be received by the Planning Department before the deadline. 3. In all cases where a protest has been properly signed pursuant to this section, the Town shall presume that the signatures appearing on the protest are authentic and that the persons whose signatures appear on the protest are either owners of the property or authorized to sign on behalf of one or more owners as represented. Upon the advice of the Town Attorney, this presumption shall not be followed in a specific case based on evidence presented. 4. A person may by written request withdraw his or her signature from the protest at any time prior to the close of the public hearing for the zoning case. If the withdrawal of an owner's signature from a protest reduces the percentage of land area ownership protesting the zoning change to less than twenty percent (20%) of the total area of land, a three-fourths (3/4) vote of the Town Council for approval of the zoning change shall not be required. 5. In the event that multiple protests and withdrawals are filed on behalf of the same owner, the instrument with the latest date and time of execution controls. 6. At any time before Town Council action on a zoning case, the filing deadline for a protest is automatically extended whenever the zoning case is postponed or continued to a later date." SECTION 4 From and after the effective date of this Ordinance, Part B, "Officers," of Subsection 8.6, "Board of Adjustment," of Section 8, "Changes and Amendments to All Zoning Ordinances and Districts and Administrative Procedures," of Chapter 1, "General Provisions, Administration and Procedures," of the Zoning Ordinance, Ordinance No. 05- 20, as amended, is hereby repealed in its entirety and replaced with a new Part B, "Officers," to read as follows: B. Officers 1. The Board shall have a Chair and Vice-Chair whose terms shall be one (1) year. At the first scheduled meeting of the Board in October of each year, or as soon as practicable, the first item of business shall be the selection of the Board's Chair and Vice-Chair. The Chair and Vice-Chair shall be appointed by a majority vote of the Board. Ordinance No.14-72,Page 3 2. The Chairperson shall preside over meetings and shall be entitled to vote upon each issue. 3. The Vice-Chair shall assist the Chair in directing the affairs of the Board. In the absence of the Chair, the Vice-Chair shall assume all duties of the Chair." SECTION 5 Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, and any remaining portions of said ordinances shall remain in full force and effect. SECTION 7 This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 14TH DAY OF OCTOBER, 2014. Ray Smith, Mayor ATT ST: i Robyn e, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Ordinance No.14-72,Page 4