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Planning Commission Bylaws

ARTICLE I.

Name

The name of this public body shall be the Planning Commission of the City of Texarkana, Miller County, Arkansas.

ARTICLE II.

Object

The object of this Planning Commission shall be to regulate and assist in the orderly growth of the City of Texarkana, Arkansas as provided in the Arkansas Code of 1987 Annotated and the Texarkana, Arkansas Code of Ordinances.

ARTICLE III.

Members

Section 1. Members shall be appointed by the Board of Directors of the City of Texarkana, Arkansas in accordance with the Arkansas Code of 1987 Annotated and the Texarkana, Arkansas Code of Ordinances.

Section 2. The absence of any member for more than twenty-five percent (25%) of all regular meetings in any twelve (12) month period for reasons other than illness or otherwise provided by the Commission shall be considered resigned from the Commission. The Chairperson is hereby authorized to notify the Board of Directors of said vacancy. (Amended 12-21-87, Ordinance No. K-263)

ARTICLE IV.

Officers

Section 1. The officers of this Planning Commission shall be a Chairperson and Vice-Chairperson. These officers shall perform the duties prescribed by these bylaws and by parliamentary authority adopted by the Commission.

Section 2. At the first regular meeting held in the month of June, the Planning Commission shall elect a Chairperson and Vice-Chairperson who shall serve for one year or until their successors are elected.

Section 3. A member, at the election of the Planning Commission, shall be eligible to serve a maximum of two (2) consecutive terms in the same office and no more, beginning June 1988. (Amended 12-08-86, Planning Commission)

ARTICLE V.

Meetings

Section 1. Meetings shall be called and held in accordance with the Arkansas Code of 1987 Annotated and the Texarkana, Arkansas Code of Ordinances.

Section 2. A quorum shall consist of four (4) members. (Amended 1-8-80, Ordinance No. )

Section 3. Following a public hearing, proposed plans may be adopted and proposed ordinances and regulations, and any amendments, alteration or discontinuance thereof may be recommended as presented or in modified form by a majority vote of the entire Planning Commission. Any other action by the Commission not requiring passage of an ordinance by the City Board of Directors may be adopted and/or recommended by a majority vote of at least a quorum of the Planning Commission.

ARTICLE VI.

Parliamentary Authority

The rules contained in the current edition of Robert's Rules of Order - Newly Revised shall govern the Planning Commission in all cases to which they are applicable.

ARTICLE VII.

Amendments

These by-laws can be amended at any regular meeting of the Planning Commission by a two-thirds (2/3) vote provided that the amendment has been submitted in writing at the previous regular meeting.

ARTICLE VIII.

Rules of Procedure

Section 1. Individual members of the Planning Commission should not be privately contacted regarding any matters over which it has jurisdiction.

Section 2. In any case where the alteration, amendment, extension, abridgment or discontinuance of any plan, regulation, or ordinance involving the jurisdiction of the City Planning Commission is desired, by any person, firm or corporation, the following procedure shall be observed:

A. A petition setting forth the relief sought or action desired shall be filed with the Clerk of the Planning Commission. Said petition shall contain the legal description and street address, if any, of the property involved, and a clear statement concerning the relief sought or action desired and the basis therefore.

B. Said petition shall be filed no less than twenty-one (21) days prior to the date on which the public hearing is to be held.

C. Upon filing of each petition, the applicant shall submit a fee with the application to pay for the required public notice, public hearing and ordinance preparations. Said fees shall be as follows:

(a) Rezoning (Lot/Block) - $ 100.00
(b) Rezoning (Metes/Bounds Survey) - $ 100.00
(c) Conditional Use Permit - $ 100.00
(d) Annexation/Detachment - $ 100.00
(e) Flood Plain Review - $ 50.00
(f) Right-of-Way Abandonment - $ 200.00
(g) Subdivision Plats:
1) Residential - $100.00 + $5.00/lot
2) Multi-family, Commercial, and Industrial - $100.00 + $25.00/acre
(Fees amended 12-02-85, Ordinance No. K-175)

D. The Clerk of the Planning Commission shall cause notice of public haring to be published in a newspaper of general circulation in the City, in accordance with Article 19-2830, Arkansas Code of 1987 Annotated. Along with the application, the applicant shall submit to the office of the City Planner a certified list of all of those persons, firms or corporations owning property or leasing property located within three-hundred-feet (300') of the property to be affected by the applicant's application. The certified list of property owners or tenants shall be prepared by and certified by an attorney, surveyor, abstract or title office, appropriate public official (i.e. Miller County Tax Collector, Miller County Circuit Clerk, or Miller County Tax Assessor) or any other person commonly or regularly engaged in the business of buying, selling, or transferring property. The certified property owner's list submitted to the City Planner shall be used for the purpose of providing notice to all of the owners/tenants of property to be affected by the application; however, it shall be the responsibility of the applicant to insure that all of the owners/tenants of property within the prescribed three-hundred (300') are notified fifteen days (15) prior to the date of the public hearing. All applications accompanied by the certified list of property owners and other information required by Ordinance No. H-683 or the City Planner shall be submitted on or before twenty-one (21) days prior to the date of the public hearing to be conducted by the Planning Commission. (Amended 10-31-83, Ordinance No. H-683)

Section 3. In cases involving the projects over which the Planning Commission has jurisdiction under the provisions of Article 19-2827F, Arkansas Code of 1987 Annotated, the proponent of such project shall comply with the provisions hereinabove specified under Article VIII, Section 2, "A", "B", and "C" with respect to the filing of a petition, exhibits, and notice of public hearing.

Section 4. The Planning Commission shall promptly convene at 7:00 P. M. in the Boardroom of the Arkansas City Hall Building at E. 3rd & Walnut Streets on its regular meeting days.

Section 5. Applicants will be called before the Planning Commission in order of filing of applications. After the public hearing, the applicants will be notified by letter sent by regular mail of the action of the Planning Commission in due course.

Section 6. An applicant may, at the discretion of the Planning Commission, present a matter informally to the Commission at any regular meeting date, although the petition has not been timely filed or notice published, for the purpose of informing the Commission of the nature until public hearing, when required, is held upon a timely filed petition and proper notice by publication, as hereinabove specified.

Section 7. All interested persons are invited to attend public hearings of the Planning Commission and to present to the Commission any proposals, plans, or suggestions concerning the development of the City and planning therefore.

Section 8. The Planning Commission shall keep a public record of all business resolutions, transactions, findings, and determinations.

ARTICLE IX.

Special Provisions

Section 1. Amendment of rezoning petition for alternative rezoning:

A. At any regular meeting, the Planning Commission may have the option, after recommendation of the staff, to amend a rezoning petition for consideration of a more restrictive zoning district that was requested by the petitioner. Should the petitioner not agree to consideration of an alternate zoning district, the Planning Commission shall consider only the petitioner's original request.

B. Zoning districts to be considered as a result of the option taken as set out in paragraph "A" above, shall be in order of the least restrictive zoning district to the most restrictive district, in the following order: PUD Planned Unit Development; M-2 General Manufacturing; M-1 Limited Manufacturing; W-1 Warehousing & Wholesaling; C-3 Open Display Commercial; C-2 Central Business District; C-1 General Commercial; O-1 Office & Quiet Business; R-4 Medium Density Residential; RM Manufactured Housing; R-3 Low Density Residential; R-2 Single-family Residential; R-1 Rural Residential.

C. Action by the Planning Commission shall be in the following order: motion for denial of the original petition; motion for consideration of an alternative zoning district; and motion for action on the alternative zoning district.

Section 2. Goals and Objectives of the Planning Commission:

A. The Planning Commission shall establish its scope of work to be accomplished and the direction it will take in order to maintain the planning program through the yearly adoption of goals and objectives.

B. At each July meeting the Planning Commission shall adopt, or schedule for adoption at its next regular meeting, a new or modified set of goals and objectives for the new fiscal year based upon an annual review and evaluation of the goals and objectives of the past fiscal year.

PASSED AND APPROVED this 14th day of September 1976.