Minutes P&Z 01/30/2001 - Joint Workshop SessionMINUTES OF A JOINT WORKSHOP SESSION
FOR THE
PLANNING AND ZONING COMMISSION,
TOWN COUNCIL
& ZONING BOARD OF ADJUSTMENT
FOR THE TOWN OF TROPHY CLUB
30 JANUARY 2001
The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Joint
Workshop Session with the Town Council and the Zoning Board of Adjustment on 30
January 2001, at 4:00 P.M. in the Boardroom of the Trophy Club Administration Building,
100 Municipal Drive, Trophy Club, Texas 76262.
COMMISSIONERS ATTENDANCE:
Chairman Hill
present
Vice Chairman Gilliland
arrived at 4:20 pm
Commissioner Ashby
present
Commissioner Reed
present
Commissioner Rodgers
present
Commissioner Shegon
arrived at 4:10 pm
Commissioner Sheridan
present
TOWN COUNCIL ATTENDANCE:
Mayor Englebeck
present
Mayor Pro Tem Susan Edstrom
present
Barry Huizenga
excused
Bill Matthai
excused
Scott Smith
present
Barb Tweedie
present
ZONING BOARD OF ADJUSTMENT MEMBERS PRESENT:
David Bettis
present
Player (Bud) Cook
absent
Darin Davis
arrived at 4:21 pm
Sherry Gearner
present, excused at 6:33 pm
David Henry
present
Roger Unger
arrived at 5:50 pm
STAFF AND GUESTS PRESENT:
Kerin C. Fleck
Dan Boutwell
Patricia Adams
Diane Cockrell
Shannon DePrater
Paul Rosenberger
Ed Darter
Jim Moss
Paul Wasko
Planning & Zoning Coordinator
Planning Consultant
Town Attorney
Town Secretary
Administrative Assistant
Assistant to Town/MUD Managers
Applicant for Zoning Board of Adjustment
Applicant for Zoning Board of Adjustment
Applicant for Zoning Board of Adjustment
Planning & Zoning P&Z, TC, ZBA Joint Workshop 30 January 2001
Introductory Remarks:
Marshall Engelbeck, Mayor
Donna Welsh, Town Manager
Mayor Engelbeck introduced Dan Boutwell and Patricia Adams and thanked everyone
for attending the workshop.
Role and Authority of the Planning & Zoning Commissioner
Dan C. Boutwell, AICP
Patricia A. Adams
Bodies Established by the Local Government Code
Role of the Council, P&Z, and ZBA in Planning
Legal Liability
Mr. Boutwell introduced himself and gave a brief background of his association with the
Town and began the PowerPoint presentation, accompanied with handouts.
There are three (3) Governmental bodies responsible for Municipal Planning and Zoning
efforts:
1. Town Council - Governing Body
2. Planning & Zoning Commission - Responsible for Approval
3. Zoning Board of Adjustment - Responsible for Approval
Role of the Planning & Zoning Commissioner:
I Administrator - interpret Comprehensive Zoning Ordinance (CZO),
Subdivision Regulations. Make sure applicant complies with the rules and
ordinances of the Town.
2. Visionary - Responsible for envisioning the future direction of the Town.
The Comprehensive Land Use Plan acts like a map for the future path of
the Town.
Role of the Town Council:
1. The legislative side of the Town
Role of the Zoning Board of Adjustment:
1 Quasi judicial - makes special exceptions to the terms of the zoning
ordinance that are consistent with the general purpose and intent of the
ordinance and in accordance with any applicable rules contained in the
ordinances.
Comprehensive Land Use Plan
What is a Comprehensive Plan?
What Authority Does it Have?
Implementing the Comprehensive Plan
A Comprehensive Plan covers the entire jurisdiction (city limits and Extra Territorial
Jurisdiction [ETJ]), addresses all physical elements, provides goals, objectives and policy
levels, and a 20 year minimum long range vision.
The Comprehensive Plan is given authority by Chapters 211 and 219 of the Texas Local
Government Code.
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Planning & Zoning P&Z, TC, ZBA Joint Workshop 30 January 2001
Implementing the Comprehensive Plan is generally derived from conducting an
inventory of the entire Town, receiving public input, determining goals and objectives,
drafting a plan, adopting a plan and then implementing the plan.
Working with the Zoning Ordinance
Legal Authority for Zoning
Relationship to the Comprehensive Plan
Characteristics of Trophy Club Zoning Ordinance
Role of the Council, P&Z, and ZBA regarding Zoning
Legal authority of the Zoning Ordinance is given by Chapter 211 of the Texas Local
Government Code:
The governing body may divide the municipality into districts of a number,
shape, and size the governing body considers best for carrying out this
subchapter.
A Comprehensive Plan establishes what types of uses may be permitted in different
zoning districts in a Town. The Zoning Ordinance provides the requirements for the
requirements for the use permitted on the land.
The Planning & Zoning Commission is responsible for several different roles. Some of their
duties include, but are not limited to, reviews and recommendations to the Town
Council regarding zoning changes, recommendation pertaining to amendments to the
Zoning Ordinance and interpreting the intent of the zoning map.
The Zoning Board of Adjustment may authorize in specific cases, a variance from the
terms of the Zoning Ordinance.
Role of the Zoning Board of Adjustment
ZBA's Purpose
Authority Provided by State Law
Determining a Hardship
Testimony and Evidence
The Zoning Board of Adjustment provides relief from the regulations in the Zoning
Ordinance. The Board also offers an avenue to present grievances.
The legal authority of the Zoning Board of Adjustment is covered in Chapter 211.008 of
the Texas Local Government Code:
The governing body of a municipality may provide for the appointment of a
Board of Adjustment.
A variance may be granted if certain criteria are met.
The measurements that merit a variance are as follows:
1. Request must not be contrary to public interest
2. Substantial justice is done
3. Spirit of the ordinance is observed
4. Ordinance presents an unnecessary hardship
A hardship is determined by the following:
1. May not be financial alone
2. May not be self-imposed
3. May not provide a privilege that others have been denied
Is not subject ect to precedent
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Planning & Zoning P&Z, TC, ZBA Joint Workshop 30 January 2001
The hearing for a variance is quasi-judicial. Testimony is heard and evidence is
presented. Findings are based upon the testimony and evidence presented.
Working with the Subdivision Regulations
Difference Between Platting and Zoning
When is Platting Required?
Role of the Council, P&Z, and ZBA Regarding Platting
What is the 30 Day Rule
Zoning regulates how land is used. Platting regulates how land is divided and how
public facilities are provided to newly subdivided properties.
"A plat is required when the owner of a tract of land located within the limits or in the
ETJ of a municipality who divides the tract into two or more parts... must have a plat of
the subdivision prepared."
-Texas Local Government Code Section 212.004
There are exemptions to the platting requirements mandated by Chapter 212 of the
Texas Local Government Code, however.
Under Section 212.006, The Texas Local Government Code, the authority and
responsibility for approving plats is the Planning Commission... The governing body by
ordinance may require approval of the governing body in addition to that of the
Planning Commission.
The Town must act on a final plat within thirty (30) days of the submission, or the plat is
deemed approved. The submission date is when the application is deemed
administratively complete. Both the Planning & Zoning Commission and the Town
Council have thirty (30) days to act. The applicant may waive the thirty (30) day rule
upon written request.
Public Meeting and Workshops
Differences in workshops, meetings, and hearings
What to Say in the meetings
Quorums, procedures, and motions
Workshop and public meetings are informal meetings called for the purpose of
discussing specific items.
Open meetings are formal discussions called for the purpose of discussion,
consideration and action on agenda items brought before the municipality.
Public hearing meetings are formal meetings called for the purpose of receiving public
input on agenda items to be considered by the municipality.
All three types of meetings must post agendas at least seventy-two (72) hours before
the meeting. Workshop sessions and public meetings are open to the public; however,
participation by the public is conditional. Open meetings and public hearings are
open to the public and also provide the public an opportunity to address the
municipality. Public hearings require a fifteen (15) day written notice to the Town's
official paper, and ten (10) day written notification via U.S. Postal Service must be sent
to real property owners within two hundred (200) feet of the hearing item.
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Planning & Zoning P&Z, TC, ZBA Joint Workshop
Appointed, elected and staff officials are covered by municipal insurance most of the
time. However, individuals may be sued. Avoid stating personal opinions. Avoid
making motions with conditions to benefit the Town- this is called conditional zoning.
Avoid making arbitrary and capricious comments.
Arbitrary: Based on mere opinion or prejudice; capricious.
Capricious: Characterized by or resulting from caprice, fickle, whimsical; also
fanciful.
Closing Remarks
Chairman Hill addressed the workshop attendees and thanked everyone for their
participation.
Mayor Engelbeck thanked everyone and dismissed the workshop at 8:36 pm.
Gene Hill, Chairman
Kerin C. Fleck, PlannAg & Zoning Coordinator
KCF/PLANNING&ZONING/MINUTES/2001 /JAN/ 01302001 JT WRKSHP P&Z,TC,ZBA f2/7/01 9:25:17 AM)
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