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11/16/2006-PZ-Agenda Packet-RegularAGENDA PLANNING AND ZONING THURSDAY, NOVEMBER 16, 2006 7:00 P.M. 201 BOLIVAR 1. Call Meeting to Order. 2. Approve Minutes: October 2, 2006 3. Conduct Public Hearing to Consider a Replat on property legally described as N.L. Hobbs Addition Lot SRI and SR2, Block A, Being a Replat of Lot S. Property is located on Marion Road. 4. Consider and Possible Action on a Replat for property legally described as N.L. Hobbs Addition Lot SRI and SR2, Block A, Being a Replat of Lot S. Property is located on Marion Road. S. Consider and Possible Action on Ordinance on Beer and Wine Regulations. 6. Consider and Possible Action on Review of Zoning, Subdivision and Building Ordinances. 7. Adjourn. Pursuant to the Texas Open Meetings Act, Chapter 551, Texas Government Code, one or more of the above items may be considered in executive session closed to the public. Any final action, decision or vote on such matter will be made in open sessiml1{q~owing the conclusion of the executive session. ,1\\\\\\\m. . ' :111,'11,• -~~ QC: s .A ,._ ~!,•,, ... ~ _, \ '-. ·.,,,,.,,. ... ~,.~~ ~~ ~~ t,•_..:o .. • .. ••••, ~ l~'A ,.❖ S"' '"" •• A ·~,,:. r'•,.' .... .,,. ,.Si c, ·•"' l:1 \ '·",,•,. ')~ 1~ bl { ~~',;)7 \ ·11 r~ 1/1 r A '2. • , ,;; ';') AA .....Lll~""'b'~,..,...~~..u..;~~ilii:: ___ :.:.;.•.-~~:~:~~, / ~~ -J ,, _v ye_ V , ...,J r TV I reiirY •• •• t •,, .~· .. ~ate & Time Posted ?-. ••o 00•• ,~ :.,9-; :,._,.,.:,r.12i , .... ,I' ?,,,. -,...~,., " (.. '\i ... '17.,•,, I , .• \ !>, J .~;~~ ''IJ.'I,• -· • ,, ... ,. 11amrnm\\\\••'' This facility is wheelchair accessible and accessible 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. MINUTES: PLANNING AND ZONING OCTOBER 2, 2006 PRESENT: Chairperson Jerry Jenkins, Jimmy Frazier, Thomas Muir, Gary Bilyeu, Brian Hutcheson, Russell Martin ABSENT: Paul Eddleman OTHERS PRESENT: Jack Smith -City Manager, Candace Murphree -Administrative Secretary, Mary Forrest 1. Chairperson Jerry Jenkins called meeting to order. 2. Approve Minutes: July 27, 2006 Brain Hutcheson moved to approve the minutes. Russell Martin seconded. Motion carried unanimously. 3. Consider and Possible Action on Appointment of Chair and Co-Chair Persons. Thomas Muir nominated Jerry Jenkins as Chair Person. Jimmy Frazier seconded. Jimmy Frazier nominated Gary Bilyeu as Vice-Chair Person. Brian Hutcheson seconded. Jimmy Frazier moved to close the nominations. Thomas Muir seconded. All motions approved unanimously. 4. Consider and Possible Action on Preliminary/Final Plat for Forrest Addition, being a 3 lot subdivision in the E.T.J. of the City of Sanger. Property is Located on Mesquite Hill Road, North of FM 455 East. Jerry Jenkins indicated Paul Eddleman had advised he would not be at this meeting. He welcomed the new members. Jerry Jenkins indicated there was a letter in the packet from the owners explaining the situation on the plat, and a letter from the City engineer. When this started the intent was to sell 2.024 acres from a 6 plus acre tract. The property currently has a private drive. Lots 2 and 3 may never be sold, the lots had to be platted in order to sell the initial 2 acres. He indicated the topography of the area shows that water will flow as always into the pond in that area. Mary Forrest, owner, indicated when she started this it was with the County. The County allows for a private drive with six lots or less and no sidewalks are required. She requested variances from City ordinances on these items. The other two tract were not originally intended to be platted. They are simply trying to sell two acres. Jerry Jenkins went over the items in the Engineer's letter. He indicated this was pretty much a procedural process. Discussion as to why the additional 2 lots were required to be platted. This is a city requirement. Discussed variances. Jimmy Frazier moved to approve the Preliminary/Final Plat for Forrest Addition. Russell Martin seconded. Motion carried unanimously. S. Consider and Possible Action on Review of Zoning, Subdivision and Building Ordinances. Jerry Jenkins indicated this item will be on every agenda from now on until the Commission requests that it be removed. This is for them to discuss the current ordinances and possibly make recommendations to Council on possible changes. He requested the members look through the ordinances and get familiar with them. He explained that a firm has been retained to create a comprehensive plan for the City. In that plan an update of these ordinances is included. 6. Meeting Adjourned. MEMO November I 0, 2006 To: Planning and Zoning Commission Fr: Samantha Renz, Engineering Coordinator Re: Minutes We will have the October 2, 2006 minutes to you prior to the meeting. MEMO November 10, 2006 To: Planning and Zoning Commission Fr: Samantha Renz, Engineering Coordinator Re: Replat -NL Hobbs Attached is the infonnation on this plat. The engineer has recommended approval with some variances. The variance requests are attached. ,. S & T Custom Homes Inc. 7125 Dunnington Dr. Sanger Tx. 76266 940-391-7282 To: City Of Sanger From: Stephen Koch I would like to request a variance for a 30ft. access road instead of a 50ft. as the back-piece of property is a mini storage facility with 3 buildings on it already. This land will never be used for residential only commercial. Thanks in advance, Stephen Koch •• I ,,_ S & T Custom Homes Inc. 7125 Dunnington Dr. Sanger Tx. 76266 940-391-7282 To: City Of Sanger From: Stephen Koch I would like to request a variance for not including sidewalks on the front part of this proposed project. The project is not in the city limits at this time and the annexed property to the south has no sidewalks and this property has a drainage easement across the front from the middle of the lot and running to the north end of the property. Thanks in advance, Stephen Koch October 26. 2006 Mr. Jack Smith City Manager City of Sanger PO Box 1729 Sanger. TX 76266 Re: N.L. Hobbs Addition RcplaL 3rd Review AE No.: SAN04GS Dear Mr. Smith: 401 S. Locust St. Suite 105B Denton, TX 76201 Office: 940.380.9453 Fax: 940.38().9431 Allison Engineering recommends approval with conditions to the Replat. The conditions must be satisfied before this plat can be filed. A public hearing is required in accordance with the Sub-Division Ordinance. The conditions are: • A variance requesl _t,,,. the 30 foot lo/ frontage in lieu <?l the 50 foul required jhmrage is required. The requesl should indicate 1hat the developer is sign!ficantly limilinK his ahilily to subdivide the back portion in 1he .fi,ture due to inadequate access width. • A variance request.fi>r not including sidewalks is required. • A /0.f,1ut access easement hus been indicated.for maintenance access by the City. A gate will he required in any fence at the point of access and.for any jences that cross the easement internally. Please ,·heck 1he channel profile at the entry point. A driveway and culvert will he required if the slopes are such /hat a City maintenance vehicle cannot reasonably cross the ditch. In addition, a certificate of occupancy cannot be issued for the building that is under construction until the following condition is satisfied. • A design is needed _fi.,r the apparently proposed drfreway and 18 inch cub:ert indicated on the south side of the properly. The safety end'> are no/ specijied (TxDOT. NCTCOG). etc. The eleva1ions of the ends are not shown and the alignmenr is 1101 indicated by dimensions. The culvert is not long enough to serve Page I of2 Planning Communities -Designing the Systems That Serve them lot 5RJ. Jfajoinl driveway is intended. then ajoinJ access easemeni is needed. Please nme this general infim11ation for future reference. and also note that a driveway design and permit is required before any culvert and drive is constructed in the.future. Current tax certificates must be provided to the City before the replat can be filed with the County. Allison Engineering's review of submittals for land development projects is only intended to establish a reasonable level of confidence that the developer is complying with applicable rules and regulations. Our review is not intended to provide quality control nor assure anyone that the development is fully compliant. The responsibility for compliance remains solely with developer throughout the process; from zoning and platting through construction and the warranty period. The developer is responsible for correcting all deficiencies, regardless of the time they are discovered. We appreciate the opportunity to continue providing professional services for the City of Sanger. Please call if you have any questions or need any additional information or clarification. Respectfully Submitted. Allison Engi11eeri11g Group Lee K. Allison. P.E., NSPE Xe: Rose Chavez Eddie Branham John Henderson Mike Prater Samantha Renz Pat Dunlap Isbell Engineering Group Page 2 of.! LEGAL NOTICE The City of Sanger's Planning and Zoning Commission will conduct a Public Hearing at 201 Bolivar, in the Council Chambers on Thunday, November 16, 2006 at 7:00 P.M. to Consider a Replat on property legally described as N.L. Hobbs Addition Lot SRI and SR2, Block A, Being a Replat of Lot S. Property is located on Marion Road. Rosalie Chavez City Secretary LEGAL NOTICE The City of Sanger's City Council will conduct a Public Hearing at 201 Bolivar in the Council Chambers on Monday, November 20, 2006 at 7:00 P.M. to Consider a Replat on property legally described as N.L. Hobbs Addition Lot SRI and SR2, Block A, Being a Replat of Lot S. Property is located on Marion Road. Rosalie Chavez City Secretary Run I time City of Lewisville Sec. 17-30. Sale of alcoholic beverages. (a) Definitions. The definition of all words and terms used in this section shall be the same as set forth in the Texas Alcoholic Beverage Code. (b) It shall be unlawful for any person to sell any alcoholic beverage in any residential section of the city. This prohibition includes areas zoned R-18, R-12, R-9, R-7.5, R-6, R- S, TE, DU, ETH, TH, TH-2, :MF-1, :MF-2, :MF-3, MHP, MHS, AND OlMU-1. ( c) The sale of alcoholic beverages in a retail establishment with a permit for the off- premise consumption of beer and wine shall be prohibited within 300 feet of a church, public or private school, or public hospital. ( d) The sale of alcoholic beverages in a restaurant with a food and beverage certificate shall be prohibited within 300 feet of a church, public school, or public hospital. ( e) Subsection ( c) does not apply to the holder of a license or permit covering a premise where minors are prohibited from entering under section 109.53 of the Texas Alcoholic Beverage Code and that is located within 300 feet of a private school. (t) The measurement of distances between a church, public or private school, or public hospital and a place of business shall be calculated in accordance with section 109.33 of the Texas Alcoholic Beverage Code. (g) Variances to the distance requirements set forth in this section may be allowed by the city council upon justification in accordance with section 109.33 of the Texas Alcoholic Beverage Code. (h) All other matters regarding alcoholic beverages not mentioned herein or elsewhere in the City Code shall conform to the provisions of the Texas Alcoholic Beverage Code. (Ord. No. 2007-3-95, § 1(30.01--30.05), 3-6-95; Ord. No. 3188-03-2005(Z), § 1, 3-21-05) , ' : franklin Legal ARTICLE 4.06 ALCOHOLIC BEVERAGES~ Sec. 4.06.001 Definitions Page 1 of 4 The term "alcoholic beverage" as used in this article shall have the meaning as defined in the Texas Alcoholic Beverage Code, and shall specifically include beer, wine and mixed beverages, as those terms are defined in the Texas Alcoholic Beverage Code. Sec. 4.06.002 Permit required (a) There is hereby levied a permit fee on each premise within the city for which an alcoholic beverage permit is required under the Texas Alcoholic Beverage Code. The amount of the fee shall be one-half of the state fee for each permit issued for premises located within the city. This fee shall be paid by the permittee when the application for such permit, or a renewal thereof, is made to the state. (b) The city adopts those exemptions from the permit and fee requirement as provided in the Texas Alcoholic Beverage Code. ( c) Upon payment of the applicable permit fee prescribed in this section to the city secretary and exhibition to the city secretary of a permit duly issued by the state to the applicant or person paying such fee, the city secretary shall, in the name of the city, issue and deliver to such applicant or person a permit to engage in the business in the city of the character described in and authorized by the permit from the state held by such applicant or person. The permit so issued in the name of the city shall authorize the conduct of such business upon the premises described in the permit from the state, and shall remain in force only so long as such permit from the state remains in force. Sec. 4.06.003 Sale of beer and wine prohibited in residential areas The sale of off-premises beer and wine in residential areas is hereby prohibited, in accordance with sections 109.32 and 26.04, Texas Alcoholic Beverage Code. Under this section, residential areas shall mean any property located in the following districts as described in the comprehensive zoning ordinance of the city: AG-Agricultural Homesites District R-1-Residential District R-2-Suburban District R-4-Residential District R-6-Residential District (Multi Family) R-7-Urban Residential District R-8-Urban Residential District R-9-Urban Residential District http://www.ctspublish.com/franklinleeallo/lnext.dJJ/Folcf P.r l /TnfnhS1c:P!') !hPi:iliino0/4 ?n t nnn~ 1111 'l l'll\l\t: : .Franklin Legal R-10-Urban Residential District R-11-Urban Residential District Page2 of4 Sec. 4.06.004 Sale of alcoholic beverages near churches, public hospitals, day-care centers, child care facilities, public schools and private schools (a) Churches and public hospitals. (1) The sale of alcoholic beverages within 300 feet (300 ft.) of a church or public hospital is hereby prohibited. (2) The measurement of the distance between the place of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. (b) Day-care center or child-care facility. (1) The sale of alcoholic beverages within 300 feet (300 ft.) of a day-care center or child-care facility is hereby prohibited. (2) The measurement of the distance between the place of business where alcoholic beverages are sold and a day-care center or child-care facility shall be in a direct line from the property line of the day-care center or child-care facility to the property line of the place of business, and in a direct line across intersections. ( c) Public schools. (1) The sale of alcoholic beverages within 1,000 feet (1,000 ft.) of a public school is hereby prohibited. The governing body of the city has received a request from the Board of Trustees of the Northwest Independent School District under section 38.007, Education Code, to extend the distance requirement from public schools from 300 feet (300 ft.) to 1,000 feet {1,000 ft.). (2) The measurement of the distance between the place of business where alcoholic beverages are sold and a public school shall be in a direct line from the property line of the public school to the property line of the place of business, and in a direct line across intersections. (Ordinance 0402-03 adopted 4/14/03) ( d) Private schools. (1) The sale of alcoholic beverages within 300 feet (300 ft.) of a private school is hereby prohibited. (2) The sale of alcoholic beverages within 1,000 feet (1,000 ft.) of a private school is hereby prohibited if the city council receives a request from the governing body of the private school to extend the distance requirement from 300 feet (300 ft.) to 1,000 feet http://www.ctspublish.com/franklinlegallo/loext.dl 1/F olnP-r 1 /T nfnh~<:P? fhpi:afi,no01.. '>O 1 nnn'l 1 1 /1 'l '""""£ · .Franklin Legal Page 3 of 4 (1,000 ft.) (3) The measurement of the distance between the place of business where alcoholic beverages are sold and a private school shall be in a direct line from the property line of the private school to the property line of the place of business, and in a direct line across intersections. (Ordinance 0703-03 adopted 7/14/03) ( e) Exceptions. The above regulations prohibiting the sale of alcoholic beverages within specified distances from churches, public hospitals, day-care centers, child-care facilities, public schools and private schools are subject to any and all conditions and exceptions established in the Texas Alcoholic Beverage Code. Sec. 4.06.005 Hours of sale of alcoholic beverages {a) Mixed beverage permittee. The hours of sale for mixed beverages shall be as established by Section 105.03, Texas Alcoholic Beverage Code, as follows. A mixed beverage permittee may sell and offer for sale mixed beverages between 7 a.m. and midnight on any day except Sunday. On Sunday he may sell mixed beverages between midnight and 1 :00 a.m. and between 10:00 a.m. and midnight, except that an alcoholic beverage served to a customer between 10 a.m. and 12 noon on Sunday must be provided during the service of food to the customer. A holder of a mixed beverage late hours permit may also sell and offer for sale mixed beverages between midnight and 2 a.m. on any day. (b) Off-premise beer and wine permittee. The hours of sale and delivery for alcoholic beverages sold under a wine and beer retailer's off-premise permit as established by Section 105.04, Texas Alcoholic Beverage Code, are the same as those prescribed for the sale of beer under Section 105.05 of the Texas Alcoholic Beverage Code, except that no sale shall be allowed between 2 a.m. and noon on Sunday. Section 105.05 provides as follows: A person may sell, offer for sale, or deliver beer between 7 am. and midnight on any day except Sunday. On Sunday he may sell beer between midnight and 1:00 am. and between noon and midnight, except that permittees or licenses authorized to sell for on- premise consumption may sell beer between 10:00 a.m. and noon if the beer is served to a customer during the service of food to the customer. A holder of a retail dealer's on- premise late hours license may also sell, offer for sale, and deliver beer between midnight and 2 a.m. on any day. Sec. 4.06.006 Certain establishments prohibited An establishment that derives seventy-five percent (75%) or more of its gross revenue from the on- premises sale of alcoholic beverages is prohibited from operating within the city, in accordance with Section 109.57(d), Texas Alcoholic Beverage Code. Sec. 4.06.007 Penalty Any person found guilty of violating any of the provisions of this article shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code, and each and every violation http://www.ctspublish.com/franklinleszallo/lnext. dll/F oMP-r 1 /T nfnh~c:P? fhp~tfinn0/4. ?n 1 non~ 11 11 'l l'lf\f\t:: · · Franklin Legal Page4 of 4 of the various provisions of this article shall constitute a separate offense, as shall each day that such violation continues. (Ordinance 0402-03 adopted 4/14/03) Copyright C 2006 Franklin Legal Publishing, Inc. All rights reserved. http://www.ctspublish.com/franklinlegallp/lpextdll/Folderl/lnfoha~e2/hP.;1rlino0/4?010001 1111 'lnoo,;