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.
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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)
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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
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R-10-Urban Residential District
R-11-Urban Residential District
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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
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(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
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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.
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