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