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Minutes TC 01/30/2001 - Joint SessionMINUTES OF JOINT WORKSHOP SESSION FOR THE TOWN COUNCIL PLANNING AND ZONING COMMISSION AND ZONING BOARD OF ADJUSTMENT FOR THE TOWN OF TROPHY CLUB JANUARY 30, 2001 STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in Joint Workshop Session on Thursday, January 30, 2001. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT Marshal Engelbeck Mayor Susan Edstrom Mayor Pro Tem Scott Smith Council Member Barb Tweedie Council Member TOWN COUNCIL MEMBERS ABSENT: Barry Huizenga Council Member Bill Matthai Council Member PLANNING AND ZONING COMMISSIONERS PRESENT Gene Hill Chairman Rick Gilliland Vice Chairman arrived at 4:20 pm Bob Ashby Commissioner Clayton Reed Commissioner Margee Rodgers Commissioner Mark Shelton Commissioner arrived at 4:10 pm Dennis Sheridan Commissioner ZONING BOARD OF ADJUSTMENT MEMBERS PRESENT David Bettis Board Member Darin Davis Board Member arrived at 421 for Sherry Learner Board Member excused at 6:33 pm David Henry Board Member Roger Unger Chairman arrived at 5:50 pm ZONING BOARD OF ADJUSTMENT MEMBERS ABSENT: Player (Bud) Cook Board Member STAFF AND GUESTS PRESENT: Diane Cockrell Paul Rosenberger Kerin C. Fleck Shannon DePrater Dan Boutwell Patricia Adams Ed Darter Jim Moss Paul Wasko Town Secretary Assistant to Town/MUD Managers Planning & Zoning Coordinator Administrative Assistant Planning Consultant Town Attorney Applicant for Zoning Board of Adjustment Applicant for Zoning Board of Adjustment Applicant for Zoning Board of Adjustment Page 2 JOINT SESSION January 30, 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: 1. 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: • The legislative side of the Town Role of the Zoning Board of Adjustment: • 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. 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. Page 3 JOINT SESSION January 30, 2001 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 [he appointment of a Board ofAdjushnenl. 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 4. Is not subject to precedent 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 ETI 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 inundated by Chapter 212 of the Texas Local Government Code, however. Page d JOINT SESSION January 30, 2001 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. 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 pin. Mayor, T64,Vn of Trophy Clu Texas ATTEST: Town Secretary,,Town of Trophy Club, Texas