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09/27/2007-BOA-Agenda Packet-RegularAGENDA BOARD OF ADJUSTMENTS THURSDAY, SEPTEMBER 27, 2007 7:00 P.M. 201BOLIVAR 1. Call Meeting to Order. 2. Approve Minutes: August 23, 2007 3. Conduct Public Hearing to Consider an Appeal in regards to the Preliminary Plat Requirements for a Drainage Study on Property Legally Described as Abstract 29 Reuben Bebee Sun'ey, Tract 40, 40B, The Property is Located on Mesquite Hill Road. 4. Consider and Possible Action Concerning an Appeal in regards to the Preliminary Plat Requirements for a Drainage Study on Property Legally Described as Abstract 29 Reuben Bebee Sun'ey, Tract 40, 40B, The Property is Located on Mesquite Hill Road. s. Adjourn. -,~ I t:X p.. ~ •• ,~,. This facility is wheelchair accessible and le&issi~t~,parKing spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. PLEASE CONTACT SAM OR ROSE AND ADVISE IF YOU WILL OR WILL NOT BE ABLE TO ATTEND: 458-7930 MINUTES: PLANNING AND WNING September 6, 2N7 PRESENT: Gary Bilyeu, Glen Jensen, Russell Martin, Shelley Ruland, Brian Hutchenon, Kay VanHauen ABSENT: Paul Edleman OTHERS PRESENT: Engineering Coordinator Samantha Renz, Lee Allison, Wanda and Glenn Ervin, Mayor Joe Higgs, Curt Fowler 1. Gary Bilyeu Called Meeting to Order. 2. Minutes: August 23, 2007 Make correction to Kay's last name on Item #4. Kav VanHauen moved to aoorove the minutes as corrected. Russell Martin seconded. Motion carried unanimously. 3. Conduct Public Hearing to Consider a Concept Plan and a Zoning Change from SF6 (Single Family 6) to PD (Planned Development on Property Legally Described as Ranger Creek Estates, Phase 2. Public Hearing Opened. Lee Allison, Allison Engineering -701 Chapparal, indicated that he did the original review on this project. He and his wife had constructed a house in the subdivision, and they plan to construct more homes. In the original application the submittal indicated a 20' rear setback. In the review process the surveyor made a change to the plat and the applicant was not aware of the change. He presented an exhibit to the memben showing the original 20' setback. He indicated this would allow for a larger home on the lots. Public Hearing Closed. 4. Consider and Possible Action Regarding a Concept Plan and a Zoning Change from SF6 (Single Family 6) to PD (Planned Development on Property Legally Described as Ranger Creek Estates, Phase 2. Brief Discussion. Gary Bilyeu asked what the intent was for Park Land dedication. Staff indicated this plat was originally filed in the 1980's, and park land was not required. Discussion followed, Gary Bilyeu indicated that park land will be required when Phase 3 is submitted. Shelley Ruland moved to approve the zoning change from SF6 (Single Family 6) to PD (Planned Development on Property Legally Described as Ranger Creek Estates, Phase 2. Kay VanHauen seconded. Motion carried unanimously. 5. Conduct Public Hearing to Consider a Concept Plan and a Zoning Change from Old SF3 (Single Family 3) to PD (Planned Development on Property Legally Described as Abstract 1241, Tract 325, Being 0.9900 Acres. (Habitat for Humanity) Property is Located on Railroad Avenue. Public Hearing Opened. Georgia Royal, 203 E. Willow St., indicated she owns property East of this property. She indicated she did not think they needed four houses jammed together, she would prefer them spread out. Curt Fowler, Habitat for Humanity, indicated they were trying to help families have a place to live. Public Hearing Closed. 6. Consider and Possible Action Regarding a Concept Plan and a Zoning Change from Old SF3 (Single Family 3) to PD (Planned Development on Property Legally Described as Abstract 1241, Tract 325, Being 0.9900 Acres. (Habitat for Humanity) Property is Located on .Railroad Avenue. Shelley Ruland asked if the homes would be brick. Curt Fowler indicated they would. Russell Martin asked if the homes would have garages. Curt Fowler indicated they would not. Discussed how Habitat program works. Discussed lot sizes. Shelley Ruland indicated she felt they were getting a large size lot, and the homes were needed. This would make use of a lot that could otherwise sit vacant. Kay VanHauen indicated there would be 22' between the homes. Russell Martin idnciated he would rather see them develop 3 lots. Discussion followed regarding Habitat for Humanity. Discussed current and proposed zoning. Russell Martin moved to deny the zoning change request. Brian Hutchenon seconded. Motion carried 4 to 2. Shelley Rualnd and Kay VanHauen voted no. 7. Consider and Possible Action Regarding a Preliminary Plat for Habitat for Humanity Subdivision, Lots 1-4, Block A. Property is Located on Railroad Avenue. Shelley Ruland moved to deny the Preliminary Plat for Habitat for Humanity Subdivision, Lots 1-4, Block A. Russell Martin seconded. Motion carried unanimously. 8. Conduct Public Hearing to Consider a Replat on Property Legally Described as N.L. Hobbs, Lot 1, Block A into Lots lR-1, lR-2 and lR-3. Property is Located on the Comer of Marion Road and F.M. 4SS. Public Hearing Opened. None. Public Hearing Closed. 9. Consider and Possible Action Regarding a Replat on Property Legally Described as N.L. Hobbs, Lot 1, Block A into Lots lR-1, lR-2 and lR-3. Property is Located on the Comer of Marion Road and F.M. 4SS. Lot widths not shown on plat, and additional ROW needed. Item Tabled. 10. Conduct Public Hearing to Consider Amendments to the Comprehensive Zoning Ordinance -Specifically Section 28 -Historic District and Historic Preservation. Public Hearing Opened. Cecile Canon, Economic Development Director, indicated that this was a proposed amendment to the existing ordinance. The content is basically the same, but they tried to improve it. Revisions include: a. Clarifying criteria for historic designation b. Adding criteria for member qualification to include the owner of a property eligible for historic designation or within a historic district c. Setting a majority at S memben d. Changed tax exemption to apply to historic designated properties e. Clarified repain to structures that were damaged by natunl causes Ms. Canon explained that they would like to add a time fnme to the end of Section 3 - "a maximum of rave yean for the property". Public Hearing Closed. 11. Consider and Possible Action Regarding Proposed Amendments to the Comprehensive Zoning Ordinance -Specifically Section 28 -Historic District and Historic Preservation. Discussion regarding construction in Historic Districts, Historic Designations and how to enforce the ordinance requirements. Ms. Canon explained that the City does not currently have districts, but this ordinance creates the fnmework to have them. Discussed the different districts being considered by the Historic Commission. Shelley Ruland asked if a district or designmation could be removed. Ms. Canon indicated that is could be requested. Discussion followed. Ms. Canon indicated that the Historic Commission has requested that the Commission recommend approval. Glen Jensen moved to recommend approval on the proposed amendments to the ordinance. Shelley Ruland seconded. Motion carried unanimously. 12. Consider and Possible Action on Review of Zoning, Subdivision and Building Ordinances. Gary Bilyeu indicated that staff will review what was discussed at the last meeting and get back with them. Cecile gave the memben each a zoning map. She indicated that Dan Botwell is working on the map and looking at how the current zoning ordinance is lining up with the proposed master plan. She asked the committee to review the map and submit any comments they may have. Cecile indicated this should come back to P&Z by September 20 .. , and she should have the brochures to them by then as well. The plan is to have a longer work session this fall, and once they are finished with the master plan to have a new zoning ordinance by next spring. 13. Meeting Adjourned. MINUTES: PLANNING AND ZONING September 13, 2007 PRESENT: Gary Bilyeu, Glen Jensen, Russell Martin, Shelley Ruland, Brian Hutchenon ABSENT: Paul Edleman, Kay VanHauen OTHERS PRESENT: Engineering Coordinator Samantha Renz, David Manning 1. Gary Bilyeu Called Meeting to Order. 2 Consider and Possible Action Regarding a Replat on Property Legally Described as N.L Hobbs, Lot 1, Block A into Lots lR-1, lR-2 and lR-3. Property is Located on the Corner of Marion Road and F.M. 45S. Gary Bilyeu asked Mr. Manning what his intention was for the property. Mr. Manning indicated he was going to build a body shop on the lot furthest to the North. He would be keeping the lot next to it. He had no current plans for the remaining property. Zoning of the property was discussed. Russell Martin moved to approve the Replat as presented. Glenn Ervin seconded. Motion carried unanimously. 3. Meeting Adjourned. MINUTES: PLANNING AND ZONING September 20, 2007 PRESENT: Gary Bilyeu, Russell Martin, Shelley Ruland, Kay VanHauen, Paul Edleman ABSENT: Brian Hutcherson, Glen Jensen OTHERS PRESENT: Engineering Coordinator Samantha Renz, Economic Development Coordinator Cecile Carson 1. Gary Bilyeu Called Meeting to Order. 2. Consider and Possible Action on Review of Zoning, Subdivision and Building Ordinances. Lengthy Discussion of the proposed SUP ordinance, and the following changes agreed upon: Section 31.1 A -Change "Generally" to "General" C -Gary removed the sentence allowing for an appeal E -First paragraph changed to read as follows: "The site plan shall contain the information listed below. Any or all of the required features may be incorporated on the site plan and additional sheets as needed. All sheets must be clear and capable of evaluation by the City Council and the staff personnel required to enforce and interpret this ordinance." Section 31.2 F -Changed to read as follows: "The administrative official may grant a waiver of a site plan requirement(s) only upon finding that the information submitted is sufficient to determine that the proposed building, use, structure, development or activity will have an insubstantial impact on the surrounding area and that providing the information required by the submittal requirements is unreasonably burdensome on the applicant." I -Changed to read as follows: "A Specific Use Permit issued under this section shall become null and void unless construction or use is underway (as defined in the adopted Uniform Building Code) within six months of the granting of the permit. If construction stops for six months or more, then this permit becomes null and void unless an extension of time is approved by the City Council upon recommendation by the Planning and Zoning Commission." L. (4) -Changed to read as follows: "Every Specific Use Permit granted under these provisions shall be considered as an amendment to the zoning ordinance as applicable to such property under consideration, but shall not be considered as a permanent change in zoning. In the event the building, l)remises, or land uses under the Specific Use Permit is vacated ~ for six (§) months :or if the **ownenhiP. is transferred, or if such buildings, premise, or land is more than fifty (SO) percent destroyed by fire or other cause, the use of the same shall thereafter conform to the regulations of the original zoning district of such property unless a new and separate Specific Use Permit is granted for continuation of the use." Lengthy -Discussion regarding "transfer of ownenhip". Staff directed to check with City Attorney. Brief Discussion regarding Historic District Ordinance. Schedule Special called meeting for October 11 111 -workshop on Comprehensive Plan. 3. Meeting Adjourned. ~9ili ENGINEERING DEPDDIENT *TEXAS P.O. Box 1729 • 201 Bolivar St* Sanger, TX 76266 • 940·458-7930 September 28, 2007 To: Planning and Zoning Commission Fr: Samantha Renz Re: SUP Ordinance Attached is the draft of the ordinance that was sent to the City Attorney for review. As of today, I have not received his comments. I should have them prior to the meeting. ORDINANCE ----- THAT CHAPTER 14, ARTICLES 31.00 "SPECIFIC USE PERMITS" OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 14, Article 31.000 of the Code of Ordinances, City of Sanger, Texas, is hereby added to read as follows: "Section 31 "SUP" -SPECIFIC USE PERMIT 31.1 SITE PLAN A. General Whenever a site plan is required by this ordinance, such site plan must conform to the requirements of this section. Unless otherwise specified in this ordinance, all site plans must be approved by the City Council, upon recommendation of the Planning and Zoning Commission. A site plan drawn to scale accompanied by an application for Specific Use Permit (SUP) shall satisfy the requirements for site plan submittals as set forth by the city staff. Site plans shall be reviewed by the city staff, and comments shall be returned after the review by the city staff. The submittal date of the site plan shall be the date upon which the site plan is found to be in compliance with the provisions of the site plan application by the city staff. B. Required Prior to Building Permit When required by this ordinance, a site plan must be approved prior to the issuance of a building permit by the city. C. Changes to the Site Plan .. 1. Changes to the site plan shall be processed in the same manner as the original approved site plan. 2. Except as otherwise provided in paragraph 3 below, any site plan that is amended shall require approval of the City Council, upon recommendation of the Planning and Zoning Commission. 3. Changes to the site plan which will affect the use of the land may require either an amendment to a Planned Development or a rezoning of property, whichever applies. 4. Changes of details within a site plan which do not alter the basic physical relationship of the property to adjacent properties; do not alter the use permitted; and do not increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved site plan, may be authorized by the administrative official or his/her designee. D. Council Approval Council approval of a site plan that accompanies a zoning change request shall become part of the amending ordinance. E. Site Plan Content The site plan shall contain the information listed below, Any or all of the required features may be incorporated on the site plan and additional sheets as needed. All sheets must be clear and capable of evaluation by the City Council and the staff personnel required to enforce and interpret this ordinance. The boundary lines and dimensions of the property, existing subdivision lots, available utilities, fire hydrants, easements, roadways, sidewalks, emergency access easements, and public rights- of-way. 1. Topography of the property proposed for development in contours of not less than two feet, together with any proposed grade elevations, if different from existing elevations. 2. Flood plains, water courses, marshes, drainage areas, and other significant environmental features including, but not limited to, rock outcroppings and major tree groupings. 3. The location and use of all existing and proposed buildings or structures, including all refuse storage areas, and the minimum distance between buildings. Where building complexes are proposed, the location of each building and the minimum distances between buildings, and between buildings and the property line, street line, and /or alley. 4. Total number, location, and arrangement of off-street parking and loading spaces, where required. 5. All points of vehicular ingress, egress, and circulation within the property and all special traffic regulation facilities proposed or required to assure the safe function of the circulation plan. 6. Setbacks, lot coverage, and when relevant, the relationship of the setbacks provided and the height of any existing or proposed building or structure. 7. The location, size, and arrangement of all outdoor signs, exterior auditory speakers, and lighting. 8. The type, location, and quantity of all plant material used for landscaping, and the type, location, and height of fences or screening and the plantings around them. 9. If multiple types of land uses are proposed, a delineation of the specific areas to be devoted to various land uses. 10. Vicinity map, north point, scale, name of development, name of owner, name of planner, total acreage of project, and street address or common description of the property. 11. Current land uses and zoning district of the property and current land uses and zoning districts of contiguous properties. 12. Buildings on the exterior of the site and within twenty-five feet of all property lines. 13. The location and size of existing and proposed surface and subsurface drainage facilities, including culverts, drains, and detention ponds, showing size and direction of flow. 14. The number of square feet of the property after construction which will constitute impervious area or impervious surface and vegetated areas. 15. Architectural drawings, such as elevations, concept sketches or renderings depicting building types and other significant proposed improvements including the treatment and use of open spaces, etc., where the submission of such drawings would more clearly portray the nature and character of the applicant's land use and development proposals. 16. Legal description of the total site area proposed for rezoning, development or specific use permit. · 17. Signature, title and date of the applicant, at the conclusion of the written documents certifying the information presented in the plans, and supporting documents reflect a reasonably accurate portrayal of the general nature and character of the applicant's proposals. 18. A development timetable if development is to be in phases. 19. The percentage of the site that will be covered by building and structures. 31.1 Specific Use Permits A. Purpose Certain land uses, because of their nature and location, are not appropriate for categorizing into installations, such as colleges and universities, institutions, community facilities, zoos, cemeteries, country clubs, show grounds, drive-in theaters and other unusual land uses not specifically provided for in this chapter. To provide for the proper handling and location of such specific uses, provision is made for amending this chapter to grant a permit for a specific use in a specific location. This procedure for approval of a specific use permit includes a public hearing. The amending ordinance may provide for certain restrictions and standards for operation. The indication that it is possible to grant a specific use permit as noted elsewhere in this ordinance does not constitute a grant of privilege for such use, nor is there any obligation to approve a specific use permit unless it is the finding of the Planning and Zoning Commission and City Council that such a specific use is compatible with adjacent property use and consistent with the character of the neighborhood. B. Permit Required No specific use shall be erected, used, altered, occupied nor shall any person convert any land, building or structure to such a use unless a specific use permit has been issued by the City Council. The granting of a specific use permit shall be done in accordance with the provisions for amendment of this zoning ordinance. C. Application Procedure An application for a specific use permit shall be filed with the administrative official on a form prepared by the city. The application shall be accompanied by the following: 1. A completed application fonn signed by the property owner; 2. An application fee as established by the city's latest adopted schedule of fees; 3. A certificate stating that all city and school taxes have been paid to date; 4. A property description of the area where the specific use permit is proposed to apply; 5. A site plan complying with the requirements stated in this section which will become a part of the specific use permit, if approved; and 6. Any other material and/or infonnation as may be required by the Planning and Zoning Commission, the City Council or the administrative official to fulfill the purpose of this subsection and to ensure that the application is in compliance with the ordinances of the city. D. Site Plan Infonnation A site plan shall contain, at a minimum the following infonnation, as provided in Section 31-1, Site Plan Requirements: E. Additional Infonnation The following additional infonnation may also be required if deemed appropriate by staff, the Planning and Zoning Commission, or City Council. 1. Copies of studies or analyses upon which have been based projections for need or demand for the proposed facility. 2. Description of the present use, assessed value and actual value of the land affected by the proposed facility. 3. Description of the proposed use, anticipated assessed value and supporting documentation. 4. A description of any long-tenn plans or master plan for the future use or development of the property. 5. A description of the applicant's ability to obtain needed easements to serve the proposed use. 6. A description of any special construction requirements that may be necessary for any construction or development on the subject property. 7. A traffic impact analysis prepared by a qualified professional in the field of traffic evaluation and forecasting may be required. 8. Anticipated time period of specific use. F. Waiver Process The administrative official may grant a waiver of a site plan requirement(s) only upon finding that the infonnation submitted is sufficient to determine that the proposed building, use, structure, development or activity will have an insubstantial impact on the surrounding area and that providing the infonnation required by the submittal requirements is unreasonably burdensome on the applicant. G. Conditions Of Permit Approval A specific use permit shall not be recommended for approval by the Planning and Zoning Commission unless the Commission finds that all of the following conditions have been found to exist: 1. The proposed use complies with all the requirements of the zoning district in which the property is located. 2. The proposed use as located and configured will contribute to or promote the general welfare and convenience of the city. 3. The benefits that the city gains from the proposed use outweigh the loss of or damage to any homes, business, natural resources, agricultural lands, historical or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic, or historical features of significance, and outweigh the personal and economic cost of any disruption to the lives, business and property of individuals affected by the proposed use. 4. Adequate utilities, road access, drainage and other necessary supporting facilities have been or shall be provided. 5. The design, location and arrangement of all public and private streets, driveways, parking spaces, entrances and exits shall provide for a safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments. 6. The issuance of the specific use permit does not impede the normal and orderly development and improvement of neighboring vacant property. 7. The location, nature and height of buildings, structures, walls and fences are not out of scale with the neighborhood. 8. The proposed use will be compatible with and not injurious to the use and enjoyment of neighboring property, nor significantly diminish or impair property values within the vicinity. 9. Adequate nuisance prevention measures have been or shall be taken to prevent or control offensive odors, fumes, dust, noise, vibration and visual blight. 10. Sufficient on-site lighting is provided for adequate safety of patrons, employees and property, and such lighting is adequately shielded or directed so as not to disturb or adversely effect neighboring properties. 11. There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties. 12. The proposed operation is consistent with the applicant's submitted plans, master plans, projections, or, where inconsistencies exist, the benefits to the community outweigh the costs. 13. The proposed use is in accordance with the City of Sanger Comprehensive Land Use Plan. H. Additional Conditions In authorizing a Specific Use Pennit, the Planning and Zoning Commission may recommend, and the City Council may impose, additional reasonable conditions necessary to protect the public interest and the welfare of the community. I. Time Limit A Specific Use Pennit issued under this section shall become null and void unless construction or use is underway (as defined in the adopted Uniform Building Code) within six months of the granting of the pennit. If construction stops for six months or more, then this permit becomes null and void unless an extension of time is approved by the City Council upon recommendation by the Planning and Zoning Commission. J. Revocation Of Pennit Specific Use Pennit may be revoked or modified, after notice and hearing, for either of the following reasons: 1. The pennit was obtained or extended by fraud or deception. 2. One or more of the conditions imposed by the pennit has not been met or has been violated. K. Amendments To Specific Use Pennit The procedure for amending a Specific Use Pennit shall be the same as for a new application, provided the administrative official may approve minor variations from the original pennit which do not increase density, change traffic patterns, or result in an increase in external impacts on adjacent properties or neighborhoods. L. Specific Use Pennit Regulations 1. No building, premise, or land used under a Specific Use Pennit may be enlarged, modified, structurally altered, or otherwise significantly changed unless a separate Specific Use Pennit is granted for such enlargement, modification, structural alteration, or change. 2. Whenever regulations or restrictions imposed by this ordinance are either more or less restrictive than regulations imposed by any governmental authority through legislation, rule or regulation, the regulations, rules or restrictions which are more restrictive or impose higher standards or requirements shall govern. Regardless of any other provision or this ordinance, no land shall be used and no structure erected or maintained in violation of any State or Federal pollution control or environmental protection law or regulation. 3. The Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, detennination, or ruling with respect to the specific land use designated by any Specific Use Pennit. 4. Every Specific Use Pennit granted under these provisions shall be considered as an amendment to the zoning ordinance as applicable to such property under consideration, but shall not be considered as a pennanent change in zoning. In the event the building, premises, or land uses under the Specific Use Pennit is vacated* for six (6) months or if the **e._~.filiu.Jr~r~d, or if such buildings, premise, or land is more than fifty (50) percent destroyed by fire or other cause, the use of the same shall thereafter conform to the regulations of the original zoning district of such property unless a new and separate Specific Use Pennit is granted for continuation of the use." Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section S. This ordinance will take effect immediately from and after its passage, the publication of the caption, and after signs are posted, as the law and Charter in such cases provide PASSED AND APPROVED this_ day of ____ _ 2007, by the City Council of the City of Sanger, Texas. APPROVED: Joe Higgs, Mayor ATTEST: Rosalie Chavez, City Secretary APPROVED AS TO FORM: City Attorney ORDINANCE ___ _ THAT CHAPTER 14, ARTICLES 31.00 "SPECIFIC USE PERMITS" OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. PASSED AND APPROVED this_ day of ____ 2007, by the City Council of the City ofSanger, Texas. APPROVED: Joe Higgs, Mayor ATTEST: Rosalie Chavez, City Secretary