§ 35-404. Public Hearings Procedures.

(a)

Applicability. The provisions of this section apply to any application involving quasi-judicial or legislative review. The provisions of this section do not apply to any application for a ministerial permit.

(b)

Meetings. The planning commission, zoning commission, and historic and design review commission shall hold regularly scheduled public hearings to receive and review public input on those items required by this chapter. On those items where it has review authority, the zoning commission or planning commission shall recommend that the city council approve, approve with conditions or deny such items. If a comprehensive plan, rezoning, or other land use regulation requiring final approval of the city council, or amendment thereto, or other development approval, has been duly submitted to the zoning commission or planning commission, and said commission has continued such action at two (2) consecutive meetings, such action, at the option of the applicant, shall be deemed to be a negative recommendation. In the event that said commission fails to pass a motion at two (2) consecutive meetings, such action shall be deemed to be a negative recommendation. The director shall thereupon submit the proposed land use regulation or amendment thereto or other development approval to the city council for its consideration.

Except as otherwise specified in this chapter, if an applicant wishes to postpone an item after submittal for consideration by the commission or city council, then the applicant shall provide a written request either prior to the commission or city council meeting or at the meeting as a verbal request at the dais, and pay any required withdrawal or postponement fees which shall be non-refundable.

(c)

Records. The development services director shall provide for minutes to be written and retained, shall record the evidence submitted within the hearing time allotted for the item being considered, and shall include a summary of the considerations and the action of the planning commission and zoning commission, while the historic preservation officer shall provide the same for the historic and design review commission.

(d)

City Council. The city council shall hold regularly scheduled public hearings to act upon all items required by this chapter to be considered by the city council. The city council shall decide whether or not to approve, approve with conditions (if applicable) or deny such applications.

(e)

Quasi-Judicial Public Hearing Procedures.

(1)

Generally. The provisions of this subsection apply to any application for a variance, appeal or any other action pursuant to this chapter which is considered quasi-judicial under Texas law. In making quasi-judicial decisions, the decision makers must investigate facts, or ascertain the existence of facts, hold hearings, weigh evidence, and draw conclusions from them, as a basis for their official action, and to exercise discretion of a judicial nature. In the land use context, these quasi-judicial decisions involve the application of land use policies to individual situations, such as variances, and appeals of administrative determinations. These decisions involve two (2) key elements: the finding of facts regarding the specific proposal and the exercise of some discretion in applying the standards of the ordinance. Due process requirements for quasi-judicial decisions mandate that all fair trial standards be observed when these decisions are made. This includes an evidentiary hearing with the right of the parties to offer evidence; cross-examine adverse witnesses; inspect documents; have sworn testimony; and have written findings of fact supported by competent, substantial, and material evidence.

(2)

Conduct of Hearing. Any person or persons may appear at a public hearing and submit evidence, either individually or as a representative. Each person who appears at a public hearing shall state, for the record, his or her name, address, and if appearing on behalf of an organization or group, the name and mailing address of the organization or group. The hearing shall be conducted in accordance with the procedures set forth in this subsection. At any point, members of the body conducting the hearing may ask questions of the applicant, staff or public.

The order of proceedings shall be as follows:

A.

The applicable director or appropriate staff member shall present a description of the proposed development and a written or oral recommendation. The recommendation shall address each factor required by this chapter to be considered prior to action or approval on the development permit;

B.

The applicant shall present any information that the applicant deems appropriate;

C.

Public testimony shall be heard;

D.

The applicable director or other staff member may respond to any statement made by the applicant or any public comment;

E.

The applicant may respond to any testimony or evidence presented by the staff or public; and

F.

The body conducting the hearing shall close the public portion of the hearing and conduct deliberations.

(f)

Legislative and Advisory Hearings. The purpose of a legislative or advisory review public hearing is to provide the public an opportunity to be heard consistent with the adoption procedures provided by statute. Unlike quasi-judicial hearings, a legislative proceeding does not require due process protections such as the right of the parties to offer evidence, cross-examination, sworn testimony; or written findings of fact. Like quasi-judicial hearings, legislative hearings are public hearings preceded by notice to interested parties. Public hearings are required for legislative review hearings such as amendments to a comprehensive plan, amendments to this chapter (including zoning provisions of this chapter and the zoning map), and applications for a planned unit development.

The order of the proceedings for a legislative hearing shall be as set forth in subsection (2), above. Testimony may be presented by any member of the public, but need not be submitted under oath or affirmation. The zoning commission or city council may establish a time limit for testimony.

(g)

Record of Proceedings. The body conducting the hearing shall record the minutes of the proceedings by any appropriate means as prescribed by rule and consistent with state law. Such record shall be provided at the request of any person upon application to the applicable director and payment of a fee set by the city council to cover the cost of duplication of the transcribed record.

(Ord. No. 98697 § 1) (Ord. No. 93881 § 5) (Ord. No. 98698 § 2) (Ord. No. 2006-11-30-1333, § 2, 11-30-06) (Ord. No. 2010-11-18-0985, § 2, 11-18-10; Ord. No. 2015-12-17-1077 , § 2, 12-17-15)