Feb 17, 2026 Planning & Zoning Commission

I WILL OFFICIALLY ADJOURN OUR WORK SESSION AND BEGIN OUR REGULAR MEETING OF PLANNING AND

[1. Call Meeting to Order]

[00:00:05]

ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. CAN YOU MOVE HER LITTLE PICTURE DOWN? THANK YOU. THE PLANNING AND ZONING COMMISSION SERVES IN AN ADVISORY CAPACITY TO THE TOWN.

EVALUATING PLANNING, ZONING AND SUBDIVISION PROPOSALS AND PRESENTING RECOMMENDATIONS TO CITY COUNCIL ON MATTERS OF LAND USE AND DEVELOPMENT POLICY.

THE COMMISSION'S PRIMARY OBJECTIVE IS TO ENSURE RESPONSIBLE LAND USE AND DEVELOPMENT BY ADHERING TO ESTABLISHED PLANNING PRINCIPLES AND OVERSEEING THE ADMINISTRATION OF ZONING AND SUBDIVISION REGULATIONS.

THESE EFFORTS ARE INTENDED TO UPHOLD THE SAFETY, WELFARE, AND OVERALL WELL-BEING OF THE RESIDENTS, WORKFORCE, AND VISITORS.

FOR THE RECORD, WE DO HAVE A QUORUM.

SIX OF US ARE PRESENT.

AND CHAIR COMMISSIONER SMITH IS ONLINE.

WITH THAT CONSENT AGENDA ITEMS, CONSIDER THE ACTION ON THE MINUTES FROM THE

[ Consent Agenda: All items listed under the Consent Agenda are considered routine by the Planning and Zoning Commission and will be enacted by one motion with no individual consideration. If individual consideration of an item is requested, it will be pulled from the Consent Agenda and discussed separately.]

ARE YOU COMING UP, OR SHOULD WE JUST TALK ABOUT THE COUPLE OF THINGS? SO YOU CAN JUST TALK AMONGST YOURSELVES AND MAKE A MOTION? WE DID TALK ABOUT THE ONE CHANGE.

SO IF YOU NEED TO REPEAT THE MOTION, PLEASE.

MOTION WITH THE THE CHANGE.

IF YOU ALL RECALL, THE CHANGE WAS THAT CHELSEA WAS REFERRED TO AS VICE CHAIR PRIOR TO HER APPOINTMENT. SO WHOEVER MAKES A MOTION, WE NEED TO INCLUDE THAT IN CHANGES.

AND THAT WAS THE ONLY THING IN THERE, RIGHT? LESLIE WHAT WAS THERE A BOX ISSUE OR WAS THAT SOMETHING SEPARATE? NO, IT WAS IT WAS THE MINUTES REFERENCED HER AS CHAIR AS ITEM ONE. BUT SHE WASN'T A VICE CHAIR.

EXCUSE ME AS ONE. IT DIDN'T HAPPEN UNTIL, LIKE, ITEM NUMBER THREE. YEAH.

THE. I THINK THE ITEM YOU'RE TALKING ABOUT, JIMMY, IS, WAS IN THE ANNUAL REPORT.

OKAY. THANK YOU. OKAY.

OKAY. SO DO I HAVE A MOTION? I MOVE APPROVAL OF THE CONSENT AGENDA WITH THE AMENDMENT OF AS DESCRIBED BY STAFF IN THE WORK SESSION. I SECOND, THIS IS CHELSEA.

I'LL SECOND. OH. GO AHEAD.

OKAY. ALL IN FAVOR? AYE.

IT'S APPROVED UNANIMOUSLY.

WE WILL MOVE ON TO REGULAR AGENDA ITEMS. PRESENT, DISCUSS AND CONSIDER ACTION ON THE 2026 PLANNING AND DEVELOPMENT WORK PLAN.

[2. Present, Discuss, and Consider Action on the 2026 Planning and Development Work Plan.]

THERE WERE A COUPLE OF CLARIFICATIONS THAT WERE REQUESTED.

ONE WAS GOAL 1.1 WHICH WAS TO CLARIFY THAT THE UNIFIED DEVELOPMENT CODE WAS ADOPTED ALREADY. AND IT WAS CONTINUED TO APPLY THE UDC AND USE IT TO FOR VARIOUS REVIEW AND DECISION MAKING PROCESSES.

OBVIOUSLY STAFF DOES A BULK MAJORITY OF THE REVIEW.

BUT THE PLANNING AND ZONING COMMISSION WOULD ALSO USE IT FOR REVIEW AS WELL AS DECISION MAKING. I BELIEVE THAT WAS THE MOST SUBSTANTIAL CHANGE TO THE DOCUMENT.

AS YOU CAN SEE, SINCE THERE WAS GOAL GOLD 2.1 THAT HAS ACTUALLY CHANGED TO COMPLETED BECAUSE WE GOT THE COMPREHENSIVE PLAN ADOPTED LAST WEEK.

SO THAT IS ANOTHER CHANGE THAT DID APPLY SINCE WE LAST DISCUSSED THIS.

AND SO THESE ARE THE KEY FOCUS AREAS ONE AND TWO.

AND THEN THE NEXT SLIDE IS THREE FOUR AND FIVE.

BE HAPPY TO TAKE ANY OTHER DISCUSSION ON THESE.

I BELIEVE THOSE ARE THE, THE REALLY THE TWO CHANGES THAT WE DISCUSSED.

THAT REVISED IS GOING TO BE DROPPED IN OUR BECAUSE IT'S NOT WHAT I HAVE.

I HAVE A VERY DIFFERENT LOOKING ONE THAT I PULLED TODAY.

I THOUGHT THAT WE UPLOADED IT, BUT WE WILL CLARIFY AND IF NEEDED, WE CAN DEFER THIS TO THE NEXT MEETING AS WELL FOR ADDITIONAL TIME.

I THINK IT'S A BIG ISSUE.

PERSONALLY, I JUST KNOW IT'S DIFFERENT THAN WHAT I PULLED DOWN TODAY.

[00:05:02]

I KNOW THAT FOR A FACT.

ANYTHING ELSE? ALL RIGHT.

WELL, THAT'S ALL STAFF HAS. SO IF P AND Z IS COMFORTABLE WITH IT OBVIOUSLY THIS IS A LIVING DOCUMENT. AS THINGS GET CROSSED OFF OR NEW PRIORITIES ARISE AND STAFF TAKES A LOT OF DIRECTION AND FEEDBACK, BOTH FROM PNC AS WELL AS COUNCIL.

SO WE ROLL WITH THE PUNCHES, SO TO SPEAK.

OKAY. YEAH. WE DON'T HAVE TO MAKE A FORMAL APPROVAL, DO WE? SO WE CAN, IF YOU WOULD LIKE TO CONSIDER ACTION.

I THINK THIS IS ALSO AN INFORMAL LIVING DOCUMENT, AS I STATED. SO I'LL LEAVE THAT TO THE DISCRETION OF OF PNC.

DO YOU ALL HAVE ANY COMMENTS FOR THAT? OKAY. LET'S MOVE ON TO ITEM NUMBER TWO.

[3. Present, Discuss, and Consider Action on the 2025 Planning and Zoning Commission Annual Report.]

DO WE HAVE THAT DATE? I THINK YOU GAVE ME TWO OPTIONS, AND I THINK I MIGHT HAVE A CONFLICT.

ONE. NOW WE HAVE A TENTATIVE DATE, BUT WE.

IF WE CAN WORK AROUND YOUR SCHEDULE. OKAY.

SO ONCE AGAIN, THIS IS THE 2025 ANNUAL REPORT.

WHEN WE DISCUSSED IT LAST MONTH, THERE WERE A COUPLE OF CHANGES, AND WE HEARD ONE PRIOR TO THE MEETING.

SO ONE OF THEM WAS FROM COMMISSIONER WRIGHT REGARDING THE TERM SIGNIFICANTLY USED, AND IT MAYBE WAS MISUSED IN THAT SENSE THAT WAS REMOVED.

THERE WAS A DISCREPANCY.

IT WAS CORRECT IN THE REPORT, BUT INCORRECT ON THE PRESENTATION.

REGARDING THESE TWO GRAPHS WITH THE NUMBERS FOR 2025.

AND THEN SO. AND THEN TWO OTHER COMMENTS WE HEARD THAT HAVE NOT ARE NOT REFLECTED IN THE CURRENT DRAFT. WHICH STAFF WOULD ASK THAT IF ACTION IS CONSIDERED OR APPROVAL CONSIDERED? EXCUSE ME? THAT IT GET APPROVED WITH CONDITIONS, IF THAT'S WHAT IS SO DESIRED IS TO APPROVE WITH THE CLARIFICATION THAT ADVANCE ADDISON B MAKE SURE IT IS USED THROUGHOUT THE REPORT AS ADVANCE ADDISON 2050 FOR CLARITY, AS IT IS USED AS ADVANCED ADDISON 2050 AS WELL AS ADVANCE ADDISON CLARIFICATION THAT IT'S CONSISTENT THROUGHOUT THE DOCUMENT.

AND THEN ALSO TO MAKE SURE THAT THESE THE IN THE TOP RIGHT HAND CORNER THE LEGEND MAKE SURE THE THE BOXES ARE A LITTLE BIT BIGGER SO THEY'RE MORE LEGIBLE.

THAT WAS THE OTHER COMMENT WE RECEIVED.

SO THOSE THESE DON'T MATCH AGAIN, IS IT? AM I IN THE WRONG? YEAH.

THOSE DON'T MATCH AGAIN. IT'S NOT 20.

THE NUMBER'S NOT 20. I DOUBLE CHECKED IT, LIKE, FIVE TIMES TODAY. EIGHT.

TEN BECAUSE IT SWAPPED FROM SEVEN TO AND 2 TO 8 AND ONE.

AND SHOULD BE EXACTLY 20.

YEP. TEN. EIGHT. 19. 20.

SO WE'RE NOT COUNTING ALL OF THESE. DON'T GO INTO THAT.

THAT IS 20. THERE WAS 20 CASES.

HAVE TEN AND 11 IS 21 AND 22.

FOLLOWING THE FALL THE FAR COLUMN.

IS THAT AN OLD PRINT? YES IT IS.

YEAH. THIS IS WHAT I PRINTED TODAY.

BUT YES, THAT IS CORRECT UP THERE. OKAY.

MINE SAYS THREE STILL.

THANK YOU. IT WAS WHATEVER I PRINTED TODAY.

SO WE DID REEXPORT THE REPORT TODAY BECAUSE OKAY, AS LONG AS IT'S RIGHT ON YOUR I DIDN'T I COULDN'T I DIDN'T CATCH THE DIFFERENCE BETWEEN YOURS AND MINE. SO I'M GOOD.

MOVE ON I WOULD SAY I REMEMBER THAT WAS A COMMENT LAST MONTH AND WE DID CORRECT IT.

SO IT MUST HAVE BEEN PRINTED EARLY TODAY.

SO MAYBE THAT'S WHY I WILL DOUBLE CHECK WHAT'S ON THE SHARED DRIVE.

WHAT? WHAT'S UP THERE? LOOKS RIGHT. SO I'M OKAY NOW I KNOW I MADE THE NOTE ON MY PRINT COPY.

ARE THERE ANY OTHER QUESTIONS OR COMMENTS? ONCE AGAIN, IF THIS WHENEVER THIS GETS APPROVED, IT WILL BE PRESENTED BEFORE COUNCIL AT A WORK SESSION.

I'VE GOT NOTHING ELSE THAT LOOKS GOOD. THIS WORK.

AND THIS ONE WILL REQUIRE PLANNING AND ZONING COMMISSION ACTION RIGHT NOW.

WELL, NOW OR IN THE FUTURE.

I'M GOOD FOR NOW. SO DO I HAVE A MOTION? I MOVE TO APPROVE. I HAVE A SECOND.

SECOND. THOSE WERE DEEP SET IN HERE.

WHO HEARD TYLER'S VOICE IN THERE SOMEWHERE? TYLER. ALL APPROVED. I MAY.

OKAY. IT'S APPROVED. THANK YOU.

AND JUST FOR CLARIFICATION, WE'RE APPROVING AND SECONDING AND EYEING WITH

[00:10:04]

CORRECT. DO WE NEED TO RESTATE? NO. AS LONG AS I HEAR A YES, THEN I'M GOOD WITH THAT.

WHAT'S ON THE SCREEN HERE? YEAH.

YES. THERE'S SOME EDITS THAT ARE COMING TO IT WITH SOME CLARIFICATION.

THERE WERE THE TWO EDITS. CLEAN UP ONCE AGAIN, ADDING 2020 2050 TO ADVANCE ADDISON AND THEN JUST MAKING THE BOXES ON THIS SLIDE BIGGER.

YEAH. OKAY. WE'RE ALL GOOD THERE.

OKAY. ALL RIGHT. ALL RIGHT.

MOVING ON TO NUMBER THREE.

[4. Conduct an educational presentation and discuss the Long Range Planning Policy and Procedures.]

WE'RE VERY EXCITED. AND SO WE WANTED TO KIND OF GIVE JUST A BRIEF OVERVIEW OF, ESPECIALLY BECAUSE WE DIDN'T HAVE ANY CASES THIS EVENING OF HOW YOU MAY SEE US USE THIS IN THE FUTURE AND HOW YOU, AS COMMISSIONERS WOULD USE THE COMPREHENSIVE PLAN ADVANCE IN 2050. SO ONCE AGAIN, THIS IS A POLICY DOCUMENT.

THERE ARE MANY COMPONENTS OF THE POLICY DOCUMENT.

THE CORE DOCUMENT ITSELF, I BELIEVE, IS LIKE 218 PAGES.

SO THERE'S A LOT OF CONTENT.

BUT THINGS THAT WE WOULD ENCOURAGE YOU TO LOOK TOWARDS INCLUDE THE SHARED VISION AND GUIDING PRINCIPLES OF THE DOCUMENT, AS WELL AS LOOKING TO IT TO HELP DETERMINE FUTURE LAND USE CONSIDERATIONS.

AND THE OTHER STRATEGIES OUTLINED WITHIN THE DOCUMENT, THERE ARE THE VARIOUS CHAPTERS OF THE DOCUMENT, INCLUDING LAND USE AND DEVELOPMENT, CHARACTER HOUSING AND NEIGHBORHOODS, AND MOBILITY OR CONNECTIVITY.

THE OTHER ITEM IS THE IMPLEMENTATION FRAMEWORK AND ACTION PLAN.

MANY OF THOSE ITEMS ARE GEARED TOWARDS STAFF ACTION.

HOWEVER, THAT DOES NOT NECESSARILY PRECLUDE PNC FROM SUPPORTING BECAUSE SOME OF THOSE WOULD INCLUDE STAFF COMING BEFORE THE PLANNING AND ZONING COMMISSION TO GET FEEDBACK, AS WELL AS ASK FOR CONSIDERATION ON PARTICULAR ITEMS. FOR EXAMPLE, MAYBE ZONING TEXT AMENDMENT, ZONING CHANGES, THINGS LIKE THAT. AND THEN THE OTHER THING IS ONCE AGAIN, PROVIDES SOME FOUNDATION FOR SOME ZONING AND DEVELOPMENT STANDARDS THAT MAY INFORM OUR DAILY DEVELOPMENT DECISIONS, LIKE REZONING.

SO THE OTHER THING I WANTED TO BRIEFLY TALK ABOUT IS THE LIFE CYCLE OF THE COMPREHENSIVE PLAN. SO A REWRITE OF A COMPREHENSIVE PLAN IS NOT IS TYPICALLY THIS PLAN WAS STRUCTURED AS A 25 YEAR PLAN, HENCE THE NAME ADVANCED STATUS IN 2050.

I WOULD ANTICIPATE AND AS COMMISSIONERS, YOU SHOULD ANTICIPATE REVISITING THIS PLAN ABOUT EVERY FIVE YEARS THAT MAY EBB AND FLOW SLIGHTLY.

I DON'T THINK IT'S UNREASONABLE TO SEE A REWRITE, DEPENDING UPON WHAT THE MARKET DOES, WHAT THE TOWN DOES, YOU KNOW, IN 20 YEARS, 25 YEARS AS THE THE LIFE CYCLE OF THE PLAN THAT DOESN'T MEAN THAT IT COULD NOT LAST LONGER, DEPENDING UPON THE EXTENSIVENESS OF THOSE PERIODIC UPDATES THROUGHOUT THAT PERIOD OF TIME. JUST FOR SOME NOTE THE TOWN INCORPORATED, I BELIEVE, IN 63. DON'T QUOTE ME ON THAT.

AND THIS IS OUR THIRD COMPREHENSIVE PLAN THAT WE'VE HAD IN THE HISTORY OF ADDISON.

SO JUST TO GIVE YOU SOME PERSPECTIVE ON OUR THE PREVIOUS LIFE CYCLES OR PLAN LIFE CYCLES, AND THEN ONCE AGAIN, JUST THE DIFFERENCE BETWEEN THE COMPREHENSIVE PLAN AND THE UNIFIED DEVELOPMENT CODE.

ONE IS ADVISORY OR VISIONARY AND ONE IS REGULATORY.

WE WILL MAKE SURE THAT WHEN WE'RE PRESENTING CASES AND OUR STAFF REPORTS, THOSE ARE CLEARLY DEFINED AND SEPARATED.

AND WE'RE ALSO HERE TO PROVIDE CLARIFICATION AS APPROPRIATE.

YOU HAVE A QUESTION? I HAVE A COMMENT AND A QUESTION OR MAYBE SOME OF BOTH.

I AM UNCOMFORTABLE WITH THE TERM ADVISORY WHEN USING COMPREHENSIVE PLAN SECTION TWO 1104 COMPREHENSIVE COMPLIANCE WITH COMPREHENSIVE PLAN UNDER TEXAS STATE LAW SAYS ZONING REGULATIONS MUST BE ADOPTED IN ACCORDANCE WITH THE COMPREHENSIVE PLAN.

SO THEY MUST CONFORM TO THIS.

IT'S NOT AN ADVISORY. IT'S A REQUIREMENT THAT OUR ZONING REGULATIONS ADHERE TO THE COMPREHENSIVE PLAN. IN ADDITION TO ITS OTHER REQUIREMENTS.

SO I'M, I DON'T KNOW IF THERE'S A BETTER WORD THAN ADVISORY.

ADVISORY. SOUNDS LIKE, OH, WE CAN WE CAN TAKE IT UNDER ADVISEMENT AND DO IT IF WE WANT OR IF WE DON'T WANT.

DO YOU AGREE WITH THAT? MY INTERPRETATION THAT IT'S IT'S IT'S A LITTLE MORE THAN ADVISORY IN TERMS OF WHAT IT REQUIRES OF US. SURE. I GUESS MY PERSPECTIVE ON THAT MATTER IS THE FACT THAT THE COMPREHENSIVE PLAN DOES NOT GET SO PRESCRIPTIVE AS TO SAY YOU KNOW, THE PROPERTY AT ONE, TWO, THREE ADDISON ROAD MUST BE A SINGLE FAMILY HOME, AND IT MUST BE MADE OF MASONRY AND X, Y,

[00:15:04]

THE COMPREHENSIVE PLAN IS ADVISORY IN THE SENSE THAT IT SAYS THIS AREA SHOULD BE.

I'M MAKING SOME OF THIS UP JUST AS A HYPOTHETICAL.

SHOULD BE MORE MIXED USE AND WALKABLE AND MORE HUMAN SCALE AND NOT BE INDUSTRIAL.

SO IT IS NOT PRESCRIPTIVE IN THAT IT MUST BE X, Y, AND Z. IT'S ADVISORY AND IT'S SAYING, YOU KNOW, THIS IS THE BOUNDARIES AT WHICH WE BELIEVE WE'RE ADVISING THAT IT GOES WITHIN OR WE'RE WERE VISIONING THAT IT GOES WITHIN.

AND AS THE REGULATORY COMES IN AND THAT'S WHAT'S PRESCRIPTIVE.

SO I THINK THAT'S THE PERSPECTIVE.

I AGREE WITH THE FACT THAT THAT COULD BE MISCONSTRUED BASED UPON THE VERY SPECIFIC LANGUAGE IN TEXAS LOCAL GOVERNMENT CODE.

BUT THAT'S HOW I PERCEIVE THE DIFFERENCE BETWEEN THE TWO AND WHY I THINK ADVISORY COULD BE AN APPROPRIATE TERM.

I THINK IT WOULD BE VERY IN THAT EXAMPLE I JUST GAVE, YOU WOULD HAVE TO BE OUTSIDE OF THE COMPREHENSIVE PLAN.

YOU WOULD HAVE TO DO SOMETHING THAT'S VERY OUTSIDE, LIKE PUT AN INDUSTRIAL DISTRIBUTION CENTER THERE OR SOME SORT OF SOMETHING THAT'S OUTSIDE OF THE BOUNDARY WHICH WAS PROVIDED.

AND THEN THERE WOULD BE OTHER ISSUES WITH THAT LIKELY TO AND THE REGULATORY SIDE LIKELY WOULD NOT SUPPORT IT EITHER. SO I'D LIKE TO PIGGYBACK ON THAT.

SO BECAUSE I STRUGGLED WITH THIS A LOT IN THE THE COMP PLAN COMMITTEE, THE LET'S SAY THAT WE'LL PICK ON MULTIFAMILY, FOR EXAMPLE, THERE IS A TRUE EMPHASIS IN THE COMP PLAN FOR DENSITY.

THAT'S A KIND OF AN OVERARCHING THEME, AS LONG AS IT DOESN'T CONFLICT WITH ZONING.

THAT'S WHERE I HAVE A LITTLE BIT OF THE GRAY.

IF IT CONFLICTS WITH ZONING, THERE'S NO ISSUE, RIGHT? ZONING TRUMPS ZONING IS THE BIBLE, AT LEAST MY INTERPRETATION OF IT.

BUT IF IT'S WITHIN THE SPIRIT OF THE COMP PLAN, BUT I, AS A COMMISSIONER, DON'T AGREE WITH IT PER SE, FOR WHATEVER REASON. HOW DOES THAT PLAY OUT? YEAH. SO AND AND WE CAN TOUCH A LITTLE BIT MORE ON THIS BUT THOSE ARE THINGS.

WHEREAS FOR I'LL JUST USE THE THE URBAN PLACE TYPES EXAMPLE IN THE COMPREHENSIVE PLAN IS QUITE BROAD. IF YOU LOOK AT IT, IT COULD ALLOW A VARIETY OF MEDIUM TO SLIGHTLY HIGHER DENSITY, NOT THE HIGHEST DENSITY BUT HIGHER DENSITY RESIDENTIAL. AND THAT COULD BE OWNERSHIP, THAT COULD BE RENTAL PRODUCT.

IT ALSO ALLOWS FOR MORE URBAN MIXED USE PRODUCT.

IT ALSO ALLOWS FOR SOME STANDALONE RETAIL PERSONAL SERVICE.

SO IT'S IT'S QUITE BROAD IN WHAT COULD BE PERMISSIBLE THERE.

AND SO WHEN LOOKING AT THAT NOW WE COULD LOOK AT A VERY SPECIFIC PROPERTY.

AND IT COULD, AS AN EXAMPLE, FALL WITHIN THAT URBAN PLACE TYPE.

IT COULD MEET THE DEVELOPMENT CHARACTER, BUT BASED UPON SPECIFIC KNOWN ITEMS, IT COULD NOT BE A GOOD FIT FOR THAT PROPERTY.

THERE'S ITEMS SUCH AS TRAFFIC.

HELP ME OUT, SARAH. THERE'S THE VERY SPECIFIC ONES, WHICH THESE ARE ACTUALLY TALKED ABOUT IN THE LEGAL PRESENTATION IN A MOMENT, BUT IT'S LIKE TRAFFIC NOISE DENSITY.

WHETHER OR NOT YOU MEET OR DO NOT MEET THE REGULAR, THE REGULATORY CONSTRAINTS, FOR EXAMPLE, THERE COULD BE A SITUATION WHERE A PROPERTY COMES FORWARD FOR A REZONING WITH A VARIANCE OR WITH A MODIFICATION BECAUSE THEY'RE NOT ABLE TO MEET THE ENTIRETY OF THE CODE.

AND THAT IS A DECISION THAT HAS TO BE CONTEMPLATED BECAUSE ONE COULD POTENTIALLY ARGUE, DEPENDING UPON THE CIRCUMSTANCES, THAT IF YOU CAN'T MEET THE THE INTENT OF THE CODE OR YOU CAN'T MEET THE CODE IN ITS ENTIRETY, I SHOULD SAY IT'S NOT AN APPROPRIATE FIT FOR THE PROPERTY.

I THINK THERE'S IT'S SO CASE BY CASE SPECIFIC THAT IT'S HARD TO PROVIDE A GENERALIZATION OF WHEN YOU CAN OR CANNOT GRANT EXCEPTIONS OR ALTERNATIVES OR MODIFICATIONS.

BUT I THINK THERE ARE A LOT OF INSTANCES WHERE YOU CAN LOOK AT A CASE SPECIFIC AND IT COULD POTENTIALLY ALIGN WITH THE COMPREHENSIVE PLAN, BUT EVEN THEN IT'S NOT A GOOD FIT FOR THAT PROPERTY.

ADJACENT USES IS ANOTHER ONE IF IT DOESN'T ALIGN WITH ADJACENT USES.

I DON'T KNOW IF I GAVE YOU VERY GOOD CONTEXT.

LOOK, IT'S A IT'S A CHALLENGING AREA AND I THINK IT'S ONE THAT PEOPLE ARE GOING TO BE REFERENCING A LOT DURING THIS JOURNEY, BECAUSE THERE'S GOING TO BE A LOT OF YIN AND

[00:20:01]

SO THE MORE CLARITY WE CAN KIND OF PROVIDE UPFRONT GOING INTO IT, I THINK WILL JUST MAKE BETTER DECISIONS LATER.

YEAH. AND JUST TALKING ON THAT SPECIFIC TOPIC OF MULTIFAMILY, THE 2017 HOUSING POLICY IS STILL IN IN EFFECT AS WELL.

SO THAT'S ANOTHER KIND OF CAVEAT THAT IS ENCOMPASSED WITHIN OUR EVALUATION OUTSIDE, IN ADDITION TO ALL OF THE OTHER POTENTIAL IMPACTS OF A DEVELOPMENT.

ALL RIGHT. AND JUST ON THAT SUBJECT, WE ARE EVALUATING AND WE WILL PROVIDE TO YOU AN EVALUATION THROUGH STAFF REPORTS AND SO FORTH OF THE VARIOUS MASTER PLANS, SPECIAL AREA STUDIES AND SO FORTH AS THEY APPLY TO THESE DEVELOPMENTS AS THEY GET SUBMITTED TO STAFF. AND THEN SO AND THIS, THIS ACTUALLY COMES FROM THE CODE, BUT JUST THINKING ABOUT HOW THIS PLAN IS USED.

SO FROM A RESIDENT THIS, THIS DOCUMENT REALLY IS NOT TAILORED TO THE AVERAGE RESIDENT FOR LIGHT READING.

WE WOULD HOPE THAT EVERYONE WHO'S INTERESTED WOULD LOVE WOULD GET FAMILIAR WITH THE PLAN.

AND WE WOULD LOVE TO HAVE THEM PARTICIPATE, ESPECIALLY IN MANY OF THE EFFORTS IN THE IMPLEMENTATION MATRIX SO THAT WE CAN CONTINUE TO MEET THE NEEDS OF THE COMMUNITY THROUGH OUR EFFORTS AND THROUGH THE DEVELOPMENT EFFORTS.

BUT ONCE AGAIN, I JUST WANT TO GIVE THAT FRAME OF REFERENCE FOR FOR WHAT THE PURPOSE OF THIS DOCUMENT IS. I THINK THERE WILL ALSO BE, AS WE PROCEED, MORE OPPORTUNITIES FOR COMMUNITY ENGAGEMENT.

AND I WOULD HOPE THAT THE COMMUNITY AND HOPE YOU WOULD ALL ENCOURAGE THE COMMUNITY AS WELL TO PARTICIPATE. AND THEN AS FAR AS TOWN STAFF AND OFFICIALS I WOULD ENCOURAGE YOU ALL TO BE FAMILIAR WITH THE PLAN.

LIKE I SAID, WE WILL BE VERY WE'LL BE FORTHCOMING WITH INFORMATION AS WE RECEIVE REQUESTS. AND IF YOU GUYS WANT MAYBE MORE INFORMATION, IF YOU WANT US TO PROVIDE MORE LINKS OR INFORMATION RELATED TO THE COMPREHENSIVE PLAN PLEASE ASK US TO DO THAT.

AND WE CAN CONTINUE TO REFINE HOW WE FORM OUR STAFF REPORTS TO HELP YOU BETTER UNDERSTAND THE REQUEST AS IT RELATES TO THE COMPREHENSIVE PLAN.

WE'RE CONTINUING TO LEARN HOW WE CAN BEST INTEGRATE THIS INTO OUR PROCESS.

AND THEN THE OTHER THE LAST KIND OF ITEM WE'LL TALK ABOUT IS HOW THIS DOCUMENT GETS IMPLEMENTED IN OUR EVALUATION OF A ZONING CASE.

SO THIS IS A GREAT ROADMAP THAT ACTUALLY CAME FROM THE CONVERSATIONS FROM CPAC, THE ADVISORY COMMITTEE ON THE COMPREHENSIVE PLAN.

SO FROM A STAFF LEVEL, WE WILL PROVIDE THIS INFORMATION.

BUT ONCE AGAIN, WE WANT TO CONFIRM THAT IT DOES COMPLY WITH THE THE PLACE TYPE.

AND THAT INCLUDES A VARIETY OF DEVELOPMENT CHARACTER SUCH AS BLOCK LENGTH, INTENSITY, BUILDING HEIGHT PARKING TYPES, THOROUGHFARE TYPES, SO FORTH. AND THEN IF THOSE ARE RESOLVED, WE WOULD CHECK THE SPECTRUM OF CHANGE MAP TO DETERMINE IF IT'S APPROPRIATE OR RIPE FOR REDEVELOPMENT.

AND THEN ONCE AGAIN, IF THAT'S YES, WE WOULD THEN NEED TO GO THROUGH A REVIEW PROCESS AND A PUBLIC HEARING PROCESS.

I WILL NOTE THAT NOW SINCE STAFF DOES NOT MAKE AN APPROVAL RECOMMENDATION THAT IS NOT SAYING THAT WE WOULD APPROVE RECOMMEND APPROVAL, BUT IT COULD BE DEEMED THAT IT IS APPROPRIATE DEEMED IN RELATION TO THE COMPREHENSIVE PLAN.

JUST AS A NOTE ONCE AGAIN, THE PUBLIC HEARING PROCESS, PNC AND COUNCIL, WE WOULD LIKELY ALSO INTEGRATE A NEIGHBORHOOD MEETING AS WELL.

AND THEN IF APPROVED, THAT'S WHEN THE ZONING WOULD CHANGE.

SO THERE IS INTERRUPT.

CHELSEA, YOU HAVE TO BE ON VIDEO FOR THIS TO BE OFFICIAL.

JUST SO YOU KNOW. THANK YOU.

PERFECT. AND THEN THIS ONCE AGAIN COMES FROM THE DOCUMENT.

BUT SOME HELPFUL QUESTIONS TO ASK WHEN CONSIDERING NEW ZONING RECOMMENDATIONS IS, DOES IT DOES THE RECOMMENDATION ALIGN WITH THE COMMUNITY VISION AND IDENTITY? IS IT CONSISTENT WITH THE DECISION MAKING PRINCIPLES, AND DOES IT SUPPORT THE TOWN'S FISCAL GOALS BOTH SHORT AND LONG TERM? SOME OF THOSE ARE MORE TAILORED TO COUNCIL AS IT RELATES TO THE FISCAL GOALS, BUT I THINK MANY OF THESE OTHER ASPECTS RELATED TO COMPLIANCE WITH THE COMP PLAN IS APPROPRIATE UNDER THE PURVIEW OF THE PNC COMMISSION.

AND THAT CONCLUDES THAT, ONCE AGAIN, WE WILL CONTINUE TO USE THIS MOVING FORWARD WITH NEW WITH NEW REQUESTS. SO PLEASE LET US KNOW IF YOU WOULD LIKE MORE CLARIFICATION OR MORE RESOURCES AS IT RELATES TO THE COMPREHENSIVE PLAN.

[5. Conduct Planning and Zoning Commission Legal Training. ]

[00:25:08]

I THINK IT'S SOMETHING THAT IT'S ALWAYS GOOD TO REMIND OURSELVES WHAT THE WHAT THE BASICS ARE, RIGHT? WE CAN GET BOGGED DOWN WITH ALL THE DETAILS OF THE CASES THAT ARE COMING BEFORE YOU AND KIND OF FORGET WHAT THE WHAT THE PERIMETERS ARE.

AND I THINK IT'S ALSO IMPORTANT LIKE IN, IN DISCUSSING THIS, LIKE WE JUST TALKED ABOUT THE COMP PLAN.

AND I WANT TO SAY THAT I DEFINITELY UNDERSTAND ALAN'S, YOU KNOW, DIFFERENTIATING BETWEEN ADVISORY AND IT BEING, YOU KNOW, LAW. AND I THINK THAT LESLIE'S ALSO RIGHT.

LIKE THAT IT IS A UNIQUE WAY THAT THE LEGISLATURE STATED THE RAMIFICATIONS OF NOT FOLLOWING A COMP PLAN.

LIKE ALL REGULATIONS, ZONING REGULATIONS HAVE TO BE IN COMPLIANCE WITH THE COMP PLAN. BUT IT ALSO, YOU KNOW, IS VERY CLEAR THAT COMP PLANS ARE SO BROAD THAT THEY'RE NOT REALLY REGULATIONS.

RIGHT. IT'S JUST IT'S A VISIONARY.

THIS THESE ARE THE GOALS THAT WE ARE SETTING.

AND ANY REGULATIONS THAT YOU PUT IN PLACE HAVE TO BE IN LINE WITH THIS.

AND YOU'LL USUALLY DEAL WITH THE THE SPECIFIC REGULATIONS.

RIGHT. SO WE ALL KNOW WHAT ZONING IS.

IT'S THE DIVISION OF A CITY OR AREA INTO DISTRICTS, AND THE PRESCRIPTION AND APPLICATION OF DIFFERENT LAND USE REGULATIONS WITHIN EACH OF THOSE. A REMINDER THAT WHEN WHEN THINGS ARE COMING BEFORE YOU WITH REGARDS TO ZONING ISSUES THERE ARE A FEW PRETTY STRICT GUIDELINES THAT STATE LAW SAYS THAT THIS IS WHAT YOUR PURVIEW IS. THESE ARE THE THINGS THAT YOU ARE ALLOWED TO CONSIDER, AND ANYTHING ELSE IS NOT WITHIN PLANNING AND ZONING DISCRETION.

SO WE HAVE THE TEXAS LOCAL GOVERNMENT CODE, THE NEW ADDISON UDC, WHICH IS APPENDIX A TO THE CODE OF ORDINANCES, AND THEN THE COMPREHENSIVE PLAN.

ONCE AGAIN, THE TEXAS GOVERNMENT LOCAL GOVERNMENT CODE DOES SAY THAT ANY ZONING REGULATIONS THAT ARE PASSED ARE CHANGED OR ENACTED.

HAVE TO BE IN COMPLIANCE WITH THE COMPREHENSIVE PLAN.

THEY CANNOT CONFLICT. SO THE PURPOSE OF ZONING REGULATIONS OR TO PROMOTE THE PUBLIC HEALTH, SAFETY, MORALS OR GENERAL WELFARE, OR PROTECTING AND PRESERVING PLACES AND AREAS OF HISTORICAL, CULTURAL OR ARCHITECTURAL IMPORTANCE AND SIGNIFICANCE.

SO I JUST WANT TO BE VERY CLEAR THAT THERE IS A LOT OF CASE LAW, AND I DON'T KNOW IF THEY'LL EVER AMEND THE LAW THAT WHEN WE'RE TALKING ABOUT THE MORALS, LIKE IT STILL NEEDS TO BE VERY FACT BASED AND IT HAS TO BE BASED ON SOME OF THE GUIDELINES THAT WE'LL GET TO RIGHT HERE. WHAT CITIES CAN REGULATE. RIGHT.

THE MORALS OF THE CITY, THE VISIONARY RAMIFICATIONS OF WHAT HAPPENS WITHIN EACH CITY ARE CONSIDERED MORALS IN THIS CONTEXT.

SO HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS, PERCENTAGE OF LOTS, DENSE POPULATION DENSITY.

BUT THAT PERCENTAGE OF LOT IS ALSO, YOU KNOW, DENSITY OF STRUCTURES THE SIZE OF YARDS, COURTS AND OPEN SPACES, LOCATION AND USE OF BUILDINGS AND OTHER STRUCTURES, AND WHERE THERE ARE AREAS OF HISTORICAL, CULTURAL OR ARCHITECTURAL SIGNIFICANCE THERE CAN BE SOME ADDITIONAL REGULATIONS THAT ARE PUT IN PLACE THERE THAT MAY NOT BE ALLOWED IN OTHER PLACES. CIVICORP MADISON IS A HOME RULE CITY.

THE THE TOWN MAY ALSO REGULATE THE BULK OF BUILDINGS.

SO, AS WE KNOW CITIES DIVIDE THE MUNICIPALITY INTO DISTRICTS OF A NUMBER, SHAPE AND SIZE. REGULATIONS WITHIN EACH DISTRICT DO HAVE TO BE UNIFORM AND EQUALLY APPLICABLE TO ALL WITHIN THAT DISTRICT.

THERE ARE SOME EXCEPTIONS WITH REGARDS TO SPECIAL USE PERMITS WITHIN CERTAIN DISTRICTS, BUT EVEN SPECIAL USE PERMITS WITHIN CERTAIN DISTRICTS ARE GOING TO BE ATTACHED ONLY TO SPECIFIC USES WITHIN THOSE SPECIFIC DISTRICTS.

SO LESLIE GOT THIS UPDATED FOR US WITH THE NEW UDC DISTRICTS.

SO THIS IS THE FIRST PRESENTATION THAT HAS THE NEW THINGS IN THERE.

SO OF COURSE THERE'S THE THREE REGULAR RESIDENTIAL DISTRICTS, MIXED USE DISTRICTS, NONRESIDENTIAL DISTRICTS WHICH HAVE A PRETTY WIDE RANGE OF THINGS, PLANNED DEVELOPMENT DISTRICTS WHICH ARE TAILORED TO BE VERY UNIQUE TO THAT DISTRICT, AIRPORT OVERLAY DISTRICTS AND THEN LEGACY DISTRICTS.

SO WE'VE DISCUSSED THIS IN THE THE LAST PRESENTATION,

[00:30:06]

THESE SPECIFIC THINGS ARE WHAT STATE LAW SAYS THAT YOU GUYS CAN MAKE DECISIONS BASED UPON.

IT IS MY LEGAL ADVICE TO ALWAYS TRY TO STAY WITHIN THOSE BOUNDS, RIGHT? SO THE PROCEDURE SET FORTH IN STATE LAW REQUIRE PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION AND MAILED NOTICE TO PROPERTY OWNERS WITHIN 200FT, AND NOTICE BE POSTED AT THE PROPERTY AND A PUBLIC HEARING IS REQUIRED.

AND THEN THE ZONING COMMISSION MUST MAKE A RECOMMENDATION PRIOR TO THE CITY COUNCIL'S PUBLIC HEARING IN THEIR CONSIDERATION.

AND. THERE WERE SOME CHANGES THIS PAST LEGISLATIVE SESSION WITH REGARDS TO NOTICE PROCEDURES AND THE PROTEST PROCEDURES.

AND BUT IF THOSE COME UP, THEN WE WILL DISCUSS THOSE.

BUT. SO WITH REGARDS TO LEGISLATIVE ACTION, A SIMPLE MAJORITY OF VOTE APPROVES THE ZONING CHANGE. IF PROPERTY OWNERS OF 20% OF THE AREA WITHIN 200FT OF A PROPOSED CHANGE FILE A WRITTEN PROTEST, THEN COUNCIL MUST VOTE BY SUPERMAJORITY TO APPROVE AN AMENDMENT.

SO STATE LAW DID MAKE SOME MINOR CHANGES WITH REGARDS TO THIS THIS LAST LEGISLATIVE SESSION. AND IF IT IS FOR MORE RESIDENTIAL DEVELOPMENT.

AND THEN THERE ARE OTHER SUBSECTIONS THAT HAVE TO BE QUALIFIED THERE, THEN A SUPERMAJORITY IS NOT REQUIRED PURSUANT TO STATE LAW ANYMORE.

IT REQUIRES A 60% THRESHOLD TO EVEN LODGE THAT FORMAL PROTEST.

AND EVEN IF THAT'S DONE, IF ALL OF THE QUALIFICATIONS ARE MET, THEN IT STILL DOES NOT REQUIRE A SUPERMAJORITY.

IT'S GOING TO BE UNDER VERY LIMITED CIRCUMSTANCES IN A TOWN LIKE ADDISON.

SO I'M NOT GOING TO GO INTO THOSE DETAILS. I BELIEVE THERE'S A POPULATION THERE'S A POPULATION RESTRICTION TO THAT. CORRECT THAT WE WOULD NOT HAVE THERE IS FOR SUPPLY TO US.

THERE ARE FOR SOME OF THEM.

BUT IT'S ALSO WITH REGARDS TO DEVELOPMENT OF NEW AREAS OF RESIDENTIAL PROPERTY.

SO IT WOULD BE OF ALL OF THESE NEW CHANGES UNDER THIS SECTION, THERE WOULD BE VERY FEW INCIDENCES WHICH COULD APPLY TO EDISON.

SO WHEN YOU'RE MAKING A ZONING DECISION, IN ADDITION TO THOSE FACTORS THAT I SET FORTH IN TWO SLIDES BACK, YOU ALSO NEED TO ENSURE THAT THERE ARE MIGHT BE MINDFUL OF PEOPLE'S CONSTITUTIONAL RIGHTS. RIGHT.

THE 14TH AMENDMENT PROVIDES THAT STATES AND CITIES SHALL NOT DEPRIVE ANY PERSON OF LIFE, LIBERTY, OR PROPERTY WITHOUT DUE PROCESS OF LAW.

AND THAT REQUIRES THAT ALL PERSONS SIMILARLY SIMILARLY SITUATED SHOULD BE TREATED SIMILARLY. DUE PROCESS ALSO REQUIRES THAT BEFORE A PERSON MAY BE DEPRIVED OF A PROPERTY RIGHT AS A RESULT OF THE ZONING PROCESS, THEY ARE ENTITLED TO NOTICE IN A HEARING.

SO WHEN DOES AN INDIVIDUAL HAVE A PROPERTY INTEREST? SO THE TEXAS LEGISLATURE HAS SET FORTH WHAT THEY BELIEVE NEEDS TO HAPPEN FOR ALMOST EVERY SITUATION WHEN IT COMES TO ZONING CHANGES.

SO PROPERTY OWNERS OF THE AREA BEING REZONED, OR IF YOU OWN PROPERTY WITHIN 200FT, ALL ARE DEEMED TO HAVE A PROPERTY INTEREST IN THE GOVERNMENTAL ACTION.

HOME RULE CITIES MAY PROVIDE DIFFERENT RULES, AND SOME CITIES PROVIDE A MUCH GREATER NOTICE AREA AND. NOTICE IS REQUIRED TEN DAYS PRIOR TO THE PUBLIC HEARING BEFORE THE ZONING COMMISSION IS DEEMED TO BE ADEQUATE NOTICE, AND AGAIN, A PUBLIC HEARING IS REQUIRED.

A PUBLIC HEARING REQUIRES THAT NOT ONLY NOTICE BE PROVIDED TO THE MEETING, BUT THAT ANYBODY WHO WANTS TO GIVE THEIR OPINION ON THE MATTER BE ABLE TO DO THAT BEFORE ANY ACTION IS TAKEN ON THE MATTER.

SO THERE ARE ALSO FIFTH AMENDMENT CONSIDERATIONS, AND PRIVATE PROPERTY SHALL NOT BE TAKEN FOR PUBLIC USE WITHOUT JUST COMPENSATION.

AND THERE ARE TWO TYPES OF CLAIMS FOR A TAKING BY A MUNICIPALITY.

THERE'S THE ACTUAL PHYSICAL INVASION OR TAKING OF THAT PROPERTY.

AND THEN THERE'S ALSO A DIMINUTION IN THE DEVELOPMENT RIGHTS.

AND IT'S A REGULATORY TAKING.

SO AND I JUST KIND OF GOING BACK TO A REGULATORY TAKING, THERE IS A SIGNIFICANT CASE LAW AND STATUTORY AUTHORITY THAT SHOWS THERE HAS TO BE A TRUE TAKING. IT CAN'T JUST BE AN INTERFERENCE WITH RIGHTS OR PRIOR RIGHTS.

SO NONCONFORMING USES THE LEGISLATURE HAS IN THE LAST FEW YEARS ADOPTED ADDITIONAL PROTECTION FOR LEGAL NONCONFORMING USES.

AND JUST AS A REMINDER, A LEGAL NONCONFORMING USE IS SOMETHING THAT AT ONE POINT WAS LEGAL.

THE LAW HAS NOW CHANGED.

[00:35:01]

RIGHT. THE PROPERTY OWNER IS GOING TO HAVE VESTED RIGHTS TO THE EXTENT THAT STATE LAW ALLOWS. THERE ARE SOME SITUATIONS THAT CAN HAPPEN FOR THEM TO LOSE THAT VESTED RIGHT, BUT GENERALLY THEY ARE PROTECTED.

SO IF A MUNICIPALITY REQUIRES A PROPERTY OWNER OR A LESSEE TO STOP THE NONCONFORMING USE DUE TO A ZONING CHANGE THEN THE OWNER OR LESSEE HAS A RIGHT TO GO THROUGH ANOTHER FORM OF DUE PROCESS HEARINGS.

AND THE CITY CAN END UP HAVING TO PAY BASED ON A SPECIFIC FORMULA SET FORTH BY THE LEGISLATURE FOR THAT PRESUMED TAKING.

SO THE FIRST AMENDMENT ALSO COMES INTO PLAY.

THE FIRST AMENDMENT PROVIDES THAT CONGRESS SHALL MAKE NO LAW RESPECTING THE ESTABLISHMENT OF RELIGION, OR PROHIBITING THE FREE EXERCISE THEREOF, OR ABRIDGING THE FREEDOM OF SPEECH, OR OF THE PRESS, OR THE RIGHT OF THE PEOPLE PEACEABLY TO ASSEMBLE, AND TO PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCES.

SO LAND USE REGULATION TYPICALLY INVOLVES FREEDOM OF SPEECH AND FREEDOM OF RELIGION ON A CONSISTENT BASIS. IT'S JUST THAT THEY'RE THEY'RE NOT ALWAYS AS THOSE ISSUES AREN'T AS ALWAYS AS GLARING. AND IN ALL CASES BUT IT IS A FEDERAL LAW THAT NO GOVERNMENT SHALL IMPOSE OR IMPLEMENT ANY LAND USE REGULATION IN A MANNER THAT TREATS A RELIGIOUS ASSEMBLY OR INSTITUTION ON LESS THAN EQUAL TERMS WITH A NON RELIGIOUS ASSEMBLY OR INSTITUTION.

IT SAYS A LOT MORE, BUT THAT'S WHAT IT SAYS WITH REGARDS TO PLANNING AND ZONING ISSUES.

SO IT DOES NOT REQUIRE A SUBSTANTIAL BURDEN TO RELIGIOUS EXERCISE FOR IT TO BE APPLICABLE. SO ALSO THE TEXAS CONSTITUTION HAS RELIGIOUS SERVICE PROTECTIONS, BUT THE IN THE STATE OF TEXAS, THE STATE OR A CITY MAY NOT ENACT, ADOPT OR ISSUE A STATUTE ORDER PROCLAMATION.

ET CETERA. ET CETERA THAT PROHIBITS OR LIMITS RELIGIOUS SERVICES, INCLUDING RELIGIOUS SERVICES CONDUCTED IN CHURCHES, CONGREGATIONS, AND PLACES OF WORSHIP IN THE STATE.

AND, YOU KNOW, THIS WAS A LAW THAT WAS PASSED IN RESPONSE TO COVID RESTRICTIONS.

HOWEVER, THE LEGISLATURE DID NOT RESTRICT THE LANGUAGE OF THE STATUTE TO COVID RESTRICTIONS. IT SAYS WHAT IT SAYS.

AND A STATE OR A POLITICAL SUBDIVISION CANNOT LIMIT RELIGIOUS SERVICES AND THROUGH LAND USE REGULATIONS OR ANY OTHER REGULATIONS.

SO I DON'T WANT TO GO BACK OVER EVERYTHING WITH THE COMPLIANCE WITH THE COMPREHENSIVE PLAN. THERE IS SOME CASE LAW THAT THAT IS IMPORTANT FOR US TO REMEMBER.

AND SO WHILE THE CITY ZONING REGULATIONS MUST BE ADOPTED IN ACCORDANCE WITH THE COMPREHENSIVE PLAN. IT DOES NOT FOLLOW THAT THE APPLICATION THAT THE COMPREHENSIVE PLAN DICTATES THAT A CITY COUNCIL MUST APPROVE EVERY REZONING APPLICATION THAT SEEKS TO HAVE CERTAIN PROPERTY ZONED IN ACCORDANCE WITH THE PLAN.

SO JUST BECAUSE A ZONING CHANGE WOULD BE IN COMPLIANCE WITH THE PLAN, THAT DOES NOT TAKE AWAY YOUR DISCRETION.

IT'S NOT SAYING THAT IF IT'S NOT IN COMPLIANCE WITH THE COMPREHENSIVE PLAN, IT'S THE ONLY WAY THAT A ZONING LAW COULD BE DENIED.

I MEAN, A ZONING REGULATION COULD BE DENIED.

IT'S JUST IF IT IS APPROVED, IT MUST BE IN COMPLIANCE WITH IT.

SO ALWAYS CONSIDER THE USE AND NOT THE USER.

YOU SHOULD NEVER BE WORRIED ABOUT WHO OWNS A BUSINESS. WHAT IS THE BUSINESS, ALL OF THOSE THINGS. UNLESS THERE IS A REASON THAT THAT SPECIFIC INFORMATION IS TIED TO ONE OF THE THINGS THAT WE SET FORTH EARLIER, THOSE FACTORS, THOSE STATUTORY FACTORS THAT THE COMMISSION IS TO CONSIDER IF SOMETHING RELATES DIRECTLY TO ONE OF THOSE, THEN IT'S WITHIN YOUR PURVIEW.

IF NOT, IT'S ALWAYS ABOUT THE USE AND WHERE THAT USE IS GOING TO HAPPEN, AND HOW THAT USE IS GOING TO AFFECT THE SURROUNDING PROPERTIES AND OR COMMUNITIES.

ANY ZONING REGULATION BY A MUNICIPALITY MUST PROVIDE A PROPERTY OWNER WITH REASONABLE USE OF THEIR PROPERTY. AND I'VE MENTIONED THAT A LITTLE BIT EARLIER WITH THE REGULATORY TAKINGS, AS LONG AS A REASONABLE USE OF THE PROPERTY IS STILL ALLOWED.

THE COURT IS UNLIKELY TO FIND THAT THERE'S BEEN ANY TAKING.

WE'VE ALREADY DISCUSSED VESTED RIGHTS.

WE'LL BRIEFLY DISCUSS SPOT ZONING.

AGAIN, THIS IS SOMETHING THAT IS SO VERY FACT INTENSIVE THAT IT'S DIFFICULT TO GIVE SPECIFIC HYPOTHETICALS ON SOMETHING LIKE THIS.

[00:40:01]

AND THEN YOU'RE GOING TO OPEN YOURSELF UP TO SPOT ZONING.

AND IT'S JUST IT'S AN ARBITRARY DEPARTURE FROM THE COMPREHENSIVE PLAN OR OTHER REGULATIONS. CONTRACT ZONING IS ALSO VERY SPECIFIC, AND MOST OF THE CONTRACT ZONING QUESTIONS ARISE WHEN IT'S COMPLETELY DISCRETIONARY.

AND SO THEREFORE IT'S NOT CONTRACT ZONING, BUT IT INVOLVES NEGOTIATING WITH AN INDIVIDUAL OR AN ENTITY FOR THE PURPOSES OF REACHING AN AGREEMENT TO TAKE ACTION AT SOME POINT IN THE FUTURE. AND IT'S NOT ON A MATTER CURRENTLY PRESENTED TO THE GOVERNING BODY FOR CONSIDERATION. IT'S NOT SIMPLY JUST A NEGOTIATED AGREEMENT ON ZONING, RIGHT? LIKE DEVELOPMENT AGREEMENTS ARE ENTERED INTO EVERY DAY.

THAT IS NOT CONTRACT ZONING.

IT HAS TO BE LIKE A UNILATERAL PROMISE.

CONDITIONAL ZONING. WELL, IT HAPPENS ALL THE TIME, RIGHT? LIKE, THAT'S WHAT SOUPS ARE.

THAT'S OFTENTIMES THE NEGOTIATION PROCESS FOR PLAN DEVELOPMENT DISTRICT CONDITIONAL ZONING IS SPECIFIC CONDITIONS WHICH LIMIT PERMITTED USES IN A ZONING DISTRICT.

IT'S NOT AN ENFORCEABLE AGREEMENT TO PROMISE REZONING.

IT'S JUST SAYING THESE ARE THE THINGS THAT WOULD BE REQUIRED TO GET A REZONING.

SO SUBDIVISION REGULATIONS, THESE ARE GOING TO BE A LITTLE BIT DIFFERENT.

BUT JUST REMEMBER THAT SUBDIVISION REGULATIONS REALLY DETERMINE THE PHYSICAL SHAPE AND FUNCTION OF THE COMMUNITY. AND THEY ARE WHAT HELP OUTLINE REQUIRED PUBLIC IMPROVEMENTS IN ENSURING THAT ANY NEW DEVELOPMENT REALLY HAS THE UTILITIES AND ACCESS NEEDED AND TO WORK.

WHEN YOU'RE DEALING WITH PLATT REGULATIONS, YOU DO NOT HAVE ANY DISCRETION.

IF THE PLATS MEET THE REQUIREMENTS THAT THEY HAVE TO MEET.

RIGHT. THIS IS IT'S A PURELY MINISTERIAL ACT THAT HAS TO BE DONE AND THERE IS NO DISCRETION. SO JUST A REMINDER THE PLOT IS THE INSTRUMENT USED TO CONVEY A PORTION OF PROPERTY AND PROVIDE FOR THE DIVISION OF THE PROPERTY INTO LOTS, LAYING OUT STREETS, ALLEYS, AND OTHER AREAS DEDICATED TO THE PUBLIC.

THE EASEMENTS, THE SEWER LINES, THE ALL OF THOSE THINGS THAT GO INTO THE DEVELOPMENT OF A TRACT OF PROPERTY.

AT A MINIMUM, IT SHOULD IDENTIFY THE LOT LINES AND DIMENSIONS, LOCATIONS OF STREETS AND ALLEYS, ALLEYS, UTILITY EASEMENTS, AND ANY OTHER MEDICATIONS FOR PUBLIC USE.

AND THE UDC SETS FORTH WHAT IS REQUIRED FOR THOSE SUBDIVISION REQUIREMENTS HERE IN MADISON? AND AGAIN, IF EVERYTHING IS MET AND SAY, STAFF COMES TO YOU AND SAYS THIS MEETS ALL OF THE REQUIREMENTS UNDER THE UDC, THEN IT'S NON-DISCRETIONARY.

PLATS ARE WHAT FOLLOW THE SHOT CLOCK RULES.

AND SO YOU HAVE TO ACT VERY QUICKLY ON APPROVING PLATS.

WE WILL NOT GET INTO ALL OF THE DETAILS OF THIS, BUT IT IS A 30 DAY TIMELINE, AND IT'S NOT SOMETHING WHERE THE CITY CAN REQUIRE EXTENSIONS OR REQUEST EXTENSIONS.

IF IT IS NOT TIMELY APPROVED, THEN IT IS DEEMED TO BE APPROVED BY LAW.

SO THERE ARE DIFFERENT TYPES OF PLATS.

THERE'S PRELIMINARY PLATS, FINAL PLATS, AMENDED PLATS, THREE PLATS AND THEY ALL ARE PRETTY SELF-EXPLANATORY.

A PRELIMINARY PLAT IS JUST SOMETHING THAT A DEVELOPER WOULD BRING TO, OR A PROPERTY OWNER WOULD BRING BEFORE YOU TO SHOW THIS IS THE DIRECTION THAT WE'RE GOING IN. AND THEN IT SAVES THE PROPERTY OWNERS ON ENGINEERING LATER ON BEFORE THEY CAN GET THEIR FINAL PLAT APPROVED AND RECORDED.

AGAIN, NON-DISCRETIONARY.

A PLAT SHALL BE APPROVED IF IT MEETS THE STANDARDS FOR APPROVAL.

30 DAY SHOT CLOCK. AND IF THE TOWN DOES DENY A PLAT THE APPLICANT THE CITY HAS TO CERTIFY THE REASONS FOR THE PLATINOL AND LET THEM KNOW WHY.

SO WE'RE GOING TO TALK OVER SOME OPEN GOVERNMENT REQUIREMENTS.

OPEN MEETINGS ACT EVERY REGULAR SPECIAL OR CALLED MEETING OF A GOVERNING BODY AND A COMMISSION IS OPEN TO THE PUBLIC UNLESS AN EXECUTIVE SESSION IS AUTHORIZED BY THE ACT.

A MEETING IS ANY DISCUSSION OR DELIBERATION BETWEEN A QUORUM OR BETWEEN A QUORUM AND

[00:45:02]

SO THIS SAYS 72 HOUR NOTICES OF MEETINGS, BUT IT ACTUALLY SAYS THREE BUSINESS DAYS NOW.

SO THE TEXAS PUBLIC INFORMATION ACT AND THE SIMILAR TO FOIA ON THE FEDERAL LEVEL, IT APPLIES TO INFORMATION THAT IS COLLECTED, ASSEMBLED OR MAINTAINED UNDER A LAW OR ORDINANCE OR IN CONNECTION WITH THE TRANSACTION OF TOWN BUSINESS.

ANY COMMUNICATIONS ON NOT JUST YOUR TOWN DEVICES, BUT YOUR PERSONAL DEVICES.

IF IT INCLUDES TOWN BUSINESS IS GOING TO BE SUBJECT TO DISCLOSURE UNDER THE PUBLIC INFORMATION ACT UNLESS THERE IS AN EXCEPTION THAT APPLIES.

WE TALKED ABOUT THIS EARLIER, BUT I'M STILL A LITTLE CONFUSED ON THIS.

SO IT SAYS IF TOWN RELATED BUSINESS, EVEN IF WE'RE NOT ADVOCATING ANYTHING.

IF, FOR EXAMPLE, I'M EMAILING A COUNCIL MEMBER TO SAY, HEY, YOU KNOW, I'VE HEARD THIS OR WHATEVER, THAT'S CONSIDERED PART OF THIS RULE.

ABSOLUTELY. AND THEY WERE.

AND THOSE THINGS ARE REQUESTED QUITE A BIT. YOU KNOW, COMMUNICATIONS BETWEEN DIFFERENT BODIES ABOUT ANYTHING THAT'S TOWN BUSINESS.

SO CONFLICTS OF INTEREST AND FINANCIAL INTERESTS.

WE'LL DISCUSS THE TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171, AND THEN ALSO SECTION 11.02 OF THE TOWN'S CHARTER PROHIBITS VOTING ON OR PARTICIPATING IN A MATTER INVOLVING A BUSINESS ENTITY OR REAL PROPERTY IN WHICH THE OFFICIAL HAS A SUBSTANTIAL INTEREST.

IF AN ACTION ON THE MATTER WILL RESULT IN A SPECIAL ECONOMIC EFFECT ON THE BUSINESS THAT IS DISTINGUISHABLE FROM THE EFFECT ON THE PUBLIC, OR, IN THE CASE OF A SUBSTANTIAL INTEREST IN REAL PROPERTY.

IT IS REASONABLY FORESEEABLE THAT THE ACTION WILL HAVE A SPECIAL ECONOMIC EFFECT ON THE VALUE OF THE PROPERTY, DISTINGUISHABLE FROM ITS EFFECT ON THE PUBLIC. SO THIS IS WHEN WE'RE DISCUSSING FINANCIAL INTEREST ONLY AND THOSE SUBSTANTIAL FINANCIAL INTEREST. IT'S PRETTY DETAILED INTO OWNING 10% OR MORE OF THE VOTING STOCK OR SHARES OF A BUSINESS ENTITY OWNING EITHER 10% OR MORE, OR 15,000 OR MORE OF THE FAIR MARKET VALUE OF THE BUSINESS ENTITY, OR RECEIVES FUNDS FROM THE BUSINESS ENTITY THAT EXCEEDS 10% OF THE PERSON'S GROSS INCOME FOR THE PRECEDING YEAR.

IF THAT EVER COMES UP WITH REGARDS TO IN YOUR FINANCIAL INTEREST, YOU NEED TO FILE AN AFFIDAVIT WITH THE TOWN SECRETARY BEFORE THE MEETING AND DISCLOSE THAT THAT FINANCIAL CONFLICT OF INTEREST POSITION.

STILL YOU WE CAN'T JUST HAVE A BLANKET ONE FOR THAT WOULD COVER, LIKE THE WHOLE TERM THAT YOU STILL HAVE TO DO IT FOR EVERY MEETING. OKAY.

I WOULD THINK SO BECAUSE IT WOULD IT WOULD RELATE TO A NEW APPLICANT OR A NEW CASE.

RIGHT. BUT I HAVE SOMEBODY IN THE TOWN THAT BRINGS STUFF HERE ALL THE TIME, AND I HAVE TO GO GET AN AFFIDAVIT EVERY TIME.

AND I MY POINT WAS I WOULD JUST BE WILLING TO KEEP IT ON FILE FOR YOU ALL TO JUST PULL.

BUT THE PREVIOUSLY THEY KIND OF SAID NO.

SO I WAS JUST MAKING SURE WE'RE STICKING WITH THAT POLICY.

SARAH, ANOTHER QUESTION.

WHAT ABOUT INDEX FUNDS? YOU KNOW, IF A COMPANY IN AN INDEX FUND THAT I'M INVESTED IN COMES BY, IT'S GOING TO BE A WHILE BEFORE I HAVE ENOUGH TO CROSS THAT THRESHOLD IN ANY INDEX FUND.

RIGHT. BUT DO INDEX FUNDS STILL COUNT IF IT MEETS ONE OF THESE SPECIFIC FACTORS? YES. OKAY. AND IT'S MY RESPONSIBILITY TO KNOW.

CORRECT. SO CHAPTER 176 REQUIRES LOCAL GOVERNMENT OFFICERS TO DISCLOSE EMPLOYMENT, BUSINESS AND FAMILIAL RELATIONSHIPS WITH VENDORS WHO CONDUCT BUSINESS OR CONSIDER CONDUCTING BUSINESS WITH LOCAL ENTITIES.

AND YOU WOULD BE REQUIRED TO FILE A CONFLICT DISCLOSURE STATEMENT WITH THE TOWN SECRETARY NO LATER THAN FIVE ON THE SEVENTH BUSINESS DAY, AFTER THE DATE ON WHICH THE OFFICER BECOMES AWARE OF THE FACTS.

GIFTS AND THE TEXAS PENAL CODE PROHIBITS PUBLIC OFFICIALS FROM ACCEPTING ACCEPTING GIFTS OF ANY KIND FROM A PERSON SUBJECT TO HIS OR HER JURISDICTION, REGARDLESS OF WHETHER IT IS IN RECOGNITION OF SUPERIOR SERVICE OR A TOKEN OF GRATITUDE.

AND THE TOWN'S CHARTER ALSO HAS GIFT PROHIBITIONS.

IT SAYS THAT NO OFFICER OF THE TOWN OF ADDISON SHALL EVER ACCEPT, DIRECTLY OR INDIRECTLY, ANY GIFT, FAVOR, PRIVILEGE, OR EMPLOYMENT FROM ANY PUBLIC, UTILITY, CORPORATION OR ANOTHER COMPANY, CONTRACTOR OR INDIVIDUAL WHICH CURRENTLY HAS A GRANT, FRANCHISE OR CONTRACT WITH SAID TOWN DURING THE TERM OF OFFICE OF SUCH OFFICER, EXCEPT AS AUTHORIZED BY OUR ORDINANCE.

[00:50:06]

A VIOLATION OF THE ORDINANCE WOULD CONSTITUTE A CLASS C CRIMINAL MISDEMEANOR WHICH WOULD BE PROSECUTED IN MUNICIPAL COURT.

DOES ANYBODY HAVE ANY? OKAY, THIS IS ON GIFTS.

SO IF A LUNCH, IS THAT CONSIDERED A GIFT? A LOT OF TIMES THERE'S LIKE A $25 THRESHOLD OR SOME THRESHOLD.

SO. NO. AND SO, I MEAN, IT COULD BE A GIFT, BUT.

BACK TO SPECIFIC SITUATIONS.

AND IT WOULD DEPEND ON, YOU KNOW, WHAT THOSE CIRCUMSTANCES ARE.

I WOULD POTENTIALLY ON THE SIDE OF CAUTION, ESPECIALLY IF YOU'RE MEETING, FOR EXAMPLE, A DEVELOPERS OFTEN WILL REACH OUT TO COMMISSIONERS AND ASK IF YOU WOULD MAYBE GET TOGETHER AND HAVE A MEETING, AND IT COULD BE CONSTRUED AS A A FAVOR OR A GIFT IN AGREEANCE FOR YOUR APPROVAL.

COFFEY. ON THE SIDE OF CAUTION.

YEAH, THAT'S THAT'S WHAT I WOULD RECOMMEND. SO IT'S I MEAN, ONCE AGAIN, IF YOU HAVE A SPECIFIC EXAMPLE, BE HAPPY TO PROVIDE.

BUT YEAH. AND AGAIN I WOULD NOTE THAT I MEAN IT DOES ALSO SAY SUBJECT TO THE JURISDICTION.

SO IF IT'S YOU KNOW. IF IT'S SOMEBODY THAT DOES NOT TO YOUR KNOWLEDGE IN ANY WAY WHATSOEVER HAVE ANY APPLICATION OR ANYTHING PENDING BEFORE THE PLANNING AND ZONING COMMISSION. YOU'RE GOING TO BE LESS CONCERNED ABOUT SOMEBODY GRABBING YOU A CUP OF COFFEE THAN IF IT'S A DEVELOPER WHO HAS AN APPLICATION THAT'S BEING CONSIDERED BY PNC IN TWO WEEKS, RIGHT? SO YEAH, ANOTHER EXAMPLE THAT I ACTUALLY GET ASKED PRETTY FREQUENTLY IS NOW THAT WE REQUIRE NEIGHBORHOOD MEETINGS, THEY OFTEN ASK LIKE, CAN WE PROVIDE LIGHT REFRESHMENTS LIKE BOTTLED WATER, COFFEE, OR WILL WE GET IN TROUBLE IF THAT'S A GIFT? AND FROM MY PERSPECTIVE GENERALLY IS WHAT I ADVISE IS THAT IF IT IS OPEN TO THE PUBLIC AND YOU'RE ATTENDING AS A MEMBER OF THE PUBLIC, IT'S NOT A GIFT SPECIFIC TO YOU.

AND THAT'S ALSO ACCEPTABLE.

BUT IF I IF YOU'RE SINGLED OUT AS AN INDIVIDUAL, ESPECIALLY AS A COMMISSIONER, THEN I THINK THERE COULD BE SOME PERCEPTION ISSUES. YEP. YEAH. RAISE MY HAND.

I HAVE A SPECIFIC QUESTION.

JUST RECENTLY, MY FIRM WAS NOTIFIED THAT WE HAVE BEEN SHORTLISTED FOR A PROJECT WITH THE TOWN OF ADDISON. WHAT IS MY PROCESS? WHAT ARE MY REQUIREMENTS? I'LL HAVE TO GET SOME MORE INFORMATION FROM YOU, BUT WE CAN DISCUSS IT AFTER THE MEETING FOR SURE. THANK YOU. YEAH.

OKAY. NOBODY ELSE. ANYTHING ELSE? OKAY. THANKS, SARAH. OKAY.

AT THIS TIME I WILL OPEN UP TO CITIZEN COMMENTS.

AT THIS TIME, THE CITIZENS WILL BE ALLOWED TO SPEAK ON ANY MATTER, ANY ON ANY OTHER MATTER THAN PERSONAL MATTERS UNDER LITIGATION FOR A LENGTH OF TIME, NOT TO EXCEED THREE MINUTES. NO PLANNING AND ZONING ACTION OR DISCUSSION MAY TAKE PLACE ON ANY MATTER, UNTIL SUCH A MATTER HAS BEEN PLACED ON AN AGENDA AND POSTED IN ACCORDANCE WITH THE LAW. I SEE NONE PRESENTLY ANYBODY ONLINE.

OKAY, HAVING SEEN NONE, THE MEETING IS ADJOURNED.

THANKS, CHELSEA.

* This transcript was compiled from uncorrected Closed Captioning.