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03/29/2007-PZ-Agenda Packet-RegularAGENDA PLANNING AND ZONING THURSDAY, MARCH 29, 2007 7:00 P.M. 201 BOLIVAR 1. Call Meeting to Order. 2. Minutes: March 1, 2007 3. Conduct Public Hearing Regarding a Specific Use Permit for the Construction of the Elementary School in an AG (Agriculture) Zoning District. Property is Legally Described as a portion of Abstract 29 Lots 61,62 and 65A. Property is Located between Indian Lane and Sable Creek Subdivision. 4. Consider and Possible Action Regarding a Specific Use Permit for the Construction of the Elementary School in an AG (Agriculture) Zoning District. Property is Legally Described as a portion of Abstract 29 Lots 61,62 and 65A. Property is Located between Indian Lane and Sable Creek Subdivision. 6. Conduct Public Hearing to Consider a Specific Use Permit for a Municipal Fire Station to be located on Property Legally described as Abstract 1241, H. Tierwester Survey, Tract 2", Being 3.212 Acres to be known as Fire Station Addition. Property is Located on McReynolds Road. 7. Consider and Possible Action on a Specific Use Permit for a Municipal Fire Station to be located on Property Legally described as Abstract 1241, H. Tierwester Survey, Tract 2", Being 3.212 Acres to be known as Fire Station Addition. Property is Located on McReynolds Road. 8. Conduct Public Hearing to Consider Ordinance #04-08-07 - Amending the Comprehensive Zoning - Ordinance by Amending Section 42.2 Special Definitions and Amending 30.2 Schedule of Uses; Amending the Code of Ordinances by Amending Section 3.104 Sign Regulations. 9. Consider and Possible Action on Ordinance #04-08-07 - Amending the Comprehensive Zoning Ordinance by Amending Section 42.2 Special Definitions and Amending 30.2 Schedule of Uses; Amending the Code of Ordinances by Amending Section 3.104 Sign Regulations. Conduct Public Hearing on Amendments to Chapter 10 of the Sanger Code of Ordinances, Section 5 General Plat Requirements, Article 5.01- Streets. Consider and Possible Action Recommendation of Ordinance 04-10-07 - Amendments to Chapter 10 of the Sanger Code of Ordinances, Section 5 General Plat Requirements, Article 5.01- Streets. Consider and Possible Action on Review:of.Zoning, Subdivision and Building Ordinances. 01:`�i; >�a s s Adjourn. Rosalie Chavez, City lz Time Posted This facility is wheelchair accessible and =pnor �,es areavailable. Requests for accommodations or interpretive services must be made 48 houWiffileetmg. Please contact the City Secretary's office at (940) 458-7930 for further information. MINUTES: Planning and Zoning March 1, 2007 PRESENT: Chairperson Jerry Jenkins, Russell Martin, Gary Bilyeu, Thomas Muir, Jimmy Frazier, Brain Hutcherson, Paul Edleman OTHERS PRESENT: City Manager Jack Smith, Engineering Coordinator Samantha Renz, Economic Development Director Cecile Carson, City Engineer Rob Woods, Joe Falls 1. Jerry Jenkins called meeting to order. 2. Minutes: February 15, 2007 December 28, 2007 Discussed changes that were made to the December 28, 2006 minutes since the last meeting. Gary Bilyeu indicated the discussion is properly put in the minutes. Jerry Jenkins asked if the members felt the minutes accurately reflected the meeting. Gary Bilyeu and Russell Martin indicated they did. Discussion regarding the Beer and Wine ordinance as discussed at the December 28t° meeting. Gary Bilyeu moved to approve the December 28, 2006 minutes as amended, Jimmy Frazier seconded. Motion carried unanimously. Discussion regarding the February 15, 2007 minutes. Thomas Muir moved to approve the minutes as presented. Paul Edleman seconded. Motion carried unanimously. 3. Conduct Public Hearing to Consider Possible Amendments to the City of Sanger Zoning Ordinances. Public Hearing Opened. No Discussion. Public Hearing Closed. 4. Consider and Possible Action on Recommendation of Proposed Ordinance #03-0847 - Amendng the Zoning Ordinance by Amending Section 42.2 Special definitions and Amending 30.2 Schedule of Uses; Amending the Code of Ordinances by Amending Section 3.104 Sign Regulations Paul Edleman referenced section 42.2 section 2(n) of the proposed ordinance and asked, if it was ever their intention that businesses could not have signs inside the building. He asked if they could just strike that section from the ordinance? Jimmy Frazier indicated if you read it right, the only place you could have the sign is in the front window facing the inside of the store. Paul Edleman indicated he did not think they had discussed the signs inside the building, he thought they wanted to not allow signs on the outside of the building advertising beer. Discussion continued regarding placement of luminous signs. Cecile Carson indicated it was her undentandng that the Commission wanted the direct language from the Coppell ordnance. This is the language from that ordinance. Discussed 108.52(c) of the TABC Code. City Manager indicated they are only talking about neon signs, not other types of signs. They can still advertise with other types. Lengthy discussion regarding the sign portion of the ordinance. Paul Edleman referenced section 3 of the proposed ordinance, and indicated this was in reference to a beer barn. He asked if that means that they could have drive thru sales with a Specific Use Permit? Cecile Carson indicated the City cannot regulate a beer barn per se. This is a closely worded definition because you can sell beer and wine in a "food and beverage shop". Jerry Jenkins asked how a grocery store was going to sell beer and wine. Discussion followed, and the City Manager indicated this was not the ordinance that was passed by the Council; This is the proposed ordinance. Discussion regarding the requirement of a Specific Use Permit. Commission discussed ordinance that had been passed by the City Council. Cecile Carson indicated that Mr. Dillard had recommended that language because the chart definition was for a "Food and Beverage Sales Store". Paul Edleman asked under the proposed ordinance if Albertson's comes in and wants to sale Beer and Wine, they will have to come get a SUP? Cecile Carson indicated they still need a definition of a grocery store. Discussed how a grocery store will sale beer based on the current ordnance. Jerry Jenkins asked what the purpose of the ordinance is for. City Manager indicated it was so they would have some control. Jerry Jenkins indicated he did not want to control anything. City Manager indicated then they should eliminate the ordinance. Discussed that the ordinance does not exclude a restaurant. Discussed wording that is in the ordinance would classify an establishment as a restaurant. Discussed that Section 3 in the proposed ordinance would give them the ability to regulate beer and wine sales via an SUP. City Manager indicated that the attorneys that we use have been dealing with municipalities for over 40 years. They will write an ordnance stating whatever we request, but the ordinance may not be legal. There are certain things we cannot do and just because another city does it does not make it legal. Discussion continued regarding the ordinance. City Manager indicated there was a difference in regulating a business that would sell beer and wine and a business that would sell beer and wine with a drive thru. This ordinance only addresses the regulation of drive thru widows. Gary Bilyeu indicated it is not a far stretch to say we only want it in a certain area, the whole thing says we are regulating a beverage shop with a drive thru. How is that not discriminating? He indicated he did not understand why they were only focusing on those with a drive thru and that everyone else could do whatever they want. City Manager indicated he felt the commission was concerned about allowing beer barns, and staff has tried to follow thru and find an ordinance that would do that. Cecile Carson indicated under TABC you can sell beer and wine in any nonresidential zoning. In Coppell their definition was for a convenience store. They were not regulating beer and wine sales, they were regulating a convenience store. Gary Bilyeu indicated for the record they are not trying to hamper business owners to sell products outside other than beer and wine. There has been confusion, but trying to get back on subject a little bit, if they say tonight that they do not want to go forward with the definition for food and beverage sales, and they say they want to have control of how beer and wine sales are done within the entire city what would be the neat ste? City Manager indicated they have already passed an ordinance stating the areas where beer and wine can be sold. Paul Edleman indicated this ordinance only says they would like the opportunity to look at the business and location before it goes in. Discussion continued regarding the current ordinances regulating beer and wine sales. Discussed zoning categories in which beer and wine sales are currently allowed. Russell Martin asked who enforces TABC. Staff indicated TABC does. Gary Bilyeu indicated there was an annual permit required by the City of Sanger to make sure the businesses were following all guidelines. Discussion regarding the state fee and local government fee and if it was an annual fee. Discussion regarding the processing fee allowed. Discussion followed regarding the current City of Sanger ordinance and possible changes to it. Russell Martin indicated they should not make decisions based on what's in the newspaper, but what is best for the City. Thomas Muir indicated he would like to see the ordinance that regulated beer and wine. They had listed three things they wanted the ordinance to address. Does the approved ordinance include the first two items they wanted in the ordinance, without the drive thru regulation, and this ordinance addresses the drive thru regulation? Cecile Carson indicated TABC regulations address the fu-st item. Thomas Muir asked if it deals with the second item of outside sales and storage of beer and wine being prohibited? Discussion regarding the language in the current ordinance addressing outside storage and sales. Thomas Muir indicated he felt they should be able to regulate the appearance, signage, and cleanliness. He wanted to have a clean appearance. He is for non luminous signs, abide by TABC regulations, no outside display, and is in favor of requiring a Specific Use Permit. Jimmy Frazier did not see how the Planning and Zoning should be involved in signs. Cecile Carson indicated "Planning" is normally involved in the regulation of signs. Gary Bilyeu asked if they can adopt the definition for "Quick -Service Food and Beverage Shop" and then address the issues of neon signs and no outside display and storage, etc.? Discussion continued regarding signs and enforcement. Gary Bilyeu indicated that the current ordinance that is in place has a lot of the information in it that they want. Jerry Jenkins indicated there was a mistake on section 1, Chapter 11 should be changed to Chapter 14. Discussed the proposed ordinance and the current ordinance. Cecile Carson indicated the proposed ordinance is for a store with a drive thru, where do you want the storage provision to go? Gary Bilyeu indicated they want the "outside storage" regulation to be applied to all categories not just the drive thru establishments. Discussed current and new definition of "Quick Service Food and Beverage Shop". Discussed to prohibit only outside storage and sales of "packaged beverages". Cecile Carson indicated they will need to take this back to Mr. Dillard. Paul Edleman moved to adopt ordinance #03-08-07 with provision that Section 93 in ordinance #01-01-07 be attached with approval from the City Attorney, that the "outside display and storage of packaged beverages is prohibited" . Cecile Carson asked if they want it to apply only to the drive thru establishments. Paul Edleman indicated they want it to apply to everything. City Manager asked if they want to leave Section 2 as is. Commission indicated they did. Motion died for lack of second. Discussion continued regarding ordinances and requirement of a Specific Use Permit. MEMO March 26, 2007 To: Planning and Zoning Commission Fr: Samantha Renz, Engineering Coordinator Re: Specific Use Permit for Construction of the Elementary School Sanger ISD is requesting this Specific Use Permit in order to put a school on property zoned AG (Agriculture). A map showing the location of the property is attached. Attached is a copy of their request. V!, ISREI.L ENGINEERING GROUP STRUCTURAL a CIVIL • GEOTECH ICAL • SURVEY • CONSTRUCTION MATERIALS TESTING FbrtW*rth*SberuuuvD@=W= 1406 West Chapman Drive • Sanger. Texas 762" • PHONE (940) 466-7608 • F&I (944) 46&7417 a www.iegoniine com March 8, 2007 RE: Sanger Elementary School Addition SUP Request Attn: Mr. Jack Smith, City Manager & Mr. Rob Woods, P.E., City Engineer City of Sanger 201 Bolivar P.O. Box 1729 Sanger, Texas 76266 Via FAX 940-458-4180 Gentlemen: We are hereby requesting an SUP to allow for the construction of an Elementary School on approximately 19.23 Acres located on the west side of Indian Lane, approximately 1,300 feet north of McReynolds Road. The physical address of the property has yet to be determined The land is currently zoned "A" Agricultural District. The owner of the Property is the Sanger Independent School District, P.O. sox 2399 — 601 Elm, Sanger, Texas 76266. A legal description of the property is also transmitted herewith. This request is being made in accordance with the land use chart in Section 30 of the City of Sanger's Zoning Ordinance, designating that a Public or Private School may be approved with a Specific Use Permit under the "A" Agricultural District. Please call if you have any questions, or if you require any further information. Sincerely, Isbell Engineering Group, Inc. T. John Casey, P.E. Project Engineer, Civil Division CC: Mr. Jack Biggerstaff, Superintendent, Sanger I.S.D., via FAX 940-458-5140 Mr. Gary Rademacher, Huckabee, via FAX 817-377-2303 Page Iof3 INTEGRITY IN ENGINEERING MEMO March 26, 2007 To: Planning and Zoning Commission Fr: Samantha Renz, Engineering Coordinator Re: Fire Station Addition SUP This request was previously approved by the Commission, however, the acreage was incorrect and the attorney recommended we bring the request back to the Commission showing the correct acreage. MEMO March 26, 2007 To: Planning and Zoning Commission Fr: Samantha Renz, Engineering Coordinator Re: Ordinance #04-08-07 This is the Ordinance that was discussed at the last meeting (#03-08-07). The only change is the correction has been made to change Section 1 to reflect Chapter 14 instead of Chapter 11. The ordinance that will prohibit outside storage and sale of packaged beverages throughout he city has not been received back from the City Attorney. It should be on the next agenda. ORDINANCE 04-08-07 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING SECTION 42.2 SPECIAL DEFINITIONS TO AMEND DEFINITION NUMBER 93 FOR QUICK - SERVICE FOOD AND BEVERAGE SHOP; AMENDING THE CODE OF ORDINANCES BY ADDING SUBSECTIONS (n) AND (o) TO SECTION 3.104 TO REGULATE SIGNS; AMENDING SECTION 30.2, THE SCHEDULE OF USES, TO DESIGNATE QUICK -SERVICE FOOD AND BEVERAGE SHOP USES WITH SPECIAL USE PERMIT IN THE B1, B2, B3, I1 AND I2 DISTRICTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, due notice of a hearing was made in the time and manner prescribed by law and the Planning and Zoning Commission of the City of Sanger, Texas, duly convened and conducted a public hearing for the purpose of assessing a zoning classification change on the hereinafter described property located in the City of Sanger, Texas; and WHEREAS, an additional opportunity for all interested persons to be heard was provided by the City Council of the City of Sanger, Texas, at an open meeting, with proper notice given; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Section 42.2, "Special Definitions" of the Comprehensive Zoning Ordinance, Chapter 14 of the Code of Ordinances of the City of Sanger, Texas, is amended by amending section 93 to read as follows: "93. Quick -Service Food and Beverage Shop -An establishment offering food or beverage service to customers either through an automobile pick-up window or a walk-up window, with or without eating space provided within the building." Section 2. That Section 3.1403 of the Code of Ordinances of the City of Sanger, Texas, the "Sign Regulations", is amended by adding subsections (n) and (o) to read as follows: "(n) No luminous gaseous tubing sign within an enclosed building behind glass and visible outside the building from the public right-of-way through a window, except "Open" signs, shall be permitted. (o) "Open" signs shall not include any other word, symbol, graphic, or advertising, and shall not flash, blink or display any movement." Section 3. That the "Schedule of Uses", Section 30.2 of the Comprehensive Zoning Ordinance, "Retail and Service Type Uses", is amended in part to add and designate quick -service food and beverage shop, definition 93 of section 42.2, in alphabetical order, which may be approved by Special Use Permit in the B1, B2, B3, I1, and I2 Districts. Section 4. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 5. 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 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Sanger, and upon conviction shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. Section 7. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this day of 2007. Joe Higgs, Mayor ATTEST: Rosalie Chavez, City Secretary APPROVED AS TO FORM: City Attorney (w.D/2-1407/74405/12287.doc) ORDINANCE 04-08-07 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING SECTION 42.2 SPECIAL DEFINITIONS TO AMEND DEFINITION NUMBER 93 FOR QUICK - SERVICE FOOD AND BEVERAGE SHOP; AMENDING THE CODE OF ORDINANCES BY ADDING SUBSECTIONS (a) AND (o) TO SECTION 3.104 TO REGULATE SIGNS; AMENDING SECTION 30.2, THE SCHEDULE OF USES, TO DESIGNATE QUICK -SERVICE FOOD AND BEVERAGE SHOP USES WITH SPECIAL USE PERMIT IN THE Bl, B21, B3, Il AND 12 DISTRICTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. Duly passed by the City Council of the City of Sanger, Texas, on the _day of 2007. APPROVED: Joe Higgs, Mayor ATTEST: Rosalie Chavez, City Secretary MEMO March 26, 2007 To: Planning and Zoning Commission Fr: Samantha Renz, Engineering Coordinator Re: Ordinance #04-10-07 This Ordinance amends our current ordinance to match the language in the thoroughfare map ORDINANCE 04-10-07 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING CHAPTER 10, SECTION 5, ARTICLE 5.01 "STREETS"; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT EXCEEDING FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 10, Section 5, Article 5.01 "Streets" of the Code of Ordinances of the City of Sanger, Texas, is amended to read as follows: "5.01- Streets A. The arrangement, character, extent, width, grade and location of all proposed streets shall conform to the general plan of the community, and their relationship shall be considered to that of the existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. B. The reservation in private ownership of strips of land, at the end of offered or existing streets intended solely or primarily for the purpose of controlling access to property not included in the subdivision shall be prohibited. C. Where such is not shown in the general plan for the community, the arrangement of streets in a subdivision shall: (1) Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; (2) Conform to a plan for the neighborhood approved or adopted by the city to meet a particular situation where topographical or other conditions make continuation of or conformance to an existing street impracticable; and (3) Be planned so that they shall intersect, as nearly as possible, at right angles. D. Residential streets shall be aligned so that their use by through traffic is discouraged. E. In phased developments, streets which are continuous through more than a single phase shall be provided with temporary turnarounds (at the point of temporary termination) until the street is fully constructed per the original approved plan. F. Developers shall be required to coordinate all planning and engineering work with all adjacent property owners/developers. G. Street jogs with centerline offsets of less than one hundred twenty-five feet (125) shall be avoided. H. The street minimum right-of-way widths and centerline radius shall be in accordance with the city's thoroughfare plan and shall conform to the following: Type of Street Right -of -Way Minimum Centerline Width Radii Type of Street Right -of -Way Minimum Centerline Width Radii FW Freeway 200 feet varies P4U Principal Arterial 100 feet 1, 000 feet Four Lane Undivided P3 U Principal Arterial 80 feet 1, 000 feet Three Lane Undivided M4U Minor Arterial 120 feet 1, 000 feet Four Lane Undivided C2U Collector Two Lane 60 feet 500 feet Undivided R2 Residential/Local SO feet 250 feet tinction F Class al Classification L oo. es Median Min. ROW Intersection Freeway FW 4 No 200' Varies Principal NU 4 No 100' 150' P3U 3 No 75' 85' Minor M4U 4 No 80' 90' Collector C2U 2 No 60' 75' Residential/Local R2U 2 No 50' 70' L Streets shall be classified accordin to o the following: I. Arterial (Principal Minor): The main function of arterial is to carry traffic_ from one urban area to another. The thoroughfare system serves the maior activity centers of urbanized areas. An arterial is used for longer urban trips and carries a high portion of the total traffic with a minimum of mileage. 2. Collector: Carries traffic from local streets to Arterial. Also may serve local facilities such as schools. churches. Uses served would include medium and him density residential, limited commercial facilities. elementary schools, some small oices and as direct access within industrial parks. Collector streets also carry heavy tra rc to mgLor commercial and industrial facilities from thoroughfare. Uses would include o ce parks. industrial parks, and community level commercial facilities. 3. ResidentiaULocal: Carries tragic from residential and commercial areas to collector streets and interconnects individual sites. Local streets carry light traffic volumes and trips are ofa short duration. I. Street widths proposed for industrial subdivisions or commercial developments shall be not less than that required for a Collector. J. Half streets shall be prohibited, except where there is no alternative for reasonable development of the subdivision in conformance with the other requirements of these regulations and where the city finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever a half street has already been provided adjacent to an area to be subdivided, the other remaining portion of the street shall be platted within such subdivision. Where part of a residential or collector street is being dedicated along a common property line, the first dedication shall be one-half (1/2) of the proposed street right-of-way plus five feet (S) unless a construction easement on the adjoining parcel has been obtained, and the developer shall construct the half street or place in escrow cash for the estimated half -paving cost as determined by the city council. K. Cul-de-sacs in residential additions shall not be longer than six hundred feet (600') from the nearest intersection, except under unusual conditions with the approval of the city council. In industrial areas, cul-de-sacs shall not exceed one thousand feet (1,000') from the nearest intersecting street, and there shall be provided at the closed -end a turnaround having a minimum outside roadway diameter of eighty-one feet (81') and a minimum street property line diameter of one hundred feet (100'). Alternate turnaround designs in residential tract developments which provide adequate turnaround area may be considered or approved by the city. L. All streets shall be paved, and paving shall conform to the requirements of Section 6, Improvements, of these regulations. M. Street grades shall be established regarding topography, proposed land -use and the facilities in the area surrounding the land to be subdivided. Minimum grades shall be twee rive tenths percent (304/6) 0,50% on concrete streets and five tenths percent (0.50%) on all other types of street paving. Cross (transverse) slopes between pavement and the right-of-way shall not be less than 100:1 or steeper than 3:1. Where necessary, additional right-of-way or slope easement shall be provided to meet this requirement. N. Street name markers shall be installed in accordance with the prescribed type currently in use by the city or an approved equal, as approved by the city manager. Street markers and erections will be at the expense of the subdivider. O. The materials for all traffic control and regulatory signs shall be furnished by the subdivider and installed by the city for all intersections within or abutting the subdivision. Such signs shall be in strict compliance with the regulations of the Federal Highway Administration and according to the requirements of the Manual on Uniform Traffic Control Devices, latest edition. No signs will be placed in undeveloped portions of the subdivision. P. The subdivider shall comply with the guidelines and criteria for driveways, including the design requirements, grades, spacing and access standards as provided by the city's thoroughfare plan. Q. If a proposed development is projected to generate a lesser traffic volume than would normally require roadways as specified in the master thoroughfare plan, the developer may install a "minimum acceptable alternative" (as delineated in the Appendix). The full right-of-way and pavement thickness is unchanged. Only the outside two (2) lanes would be paved in this situation. The city must approve the use of this option." 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, in an amount not exceeding five hundred dollars ($500.00) for each offense. Section 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the 2nd day of April 2007 by the City Council of the City of Sanger, Denton County, Texas. APPROVED: Joe Higgs, Mayor ATTEST: Rosalie Chavez, City Secretary APPROVED AS TO FORM: CITY ATTORNEY ORDINANCE 04-10-07 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING CHAPTER 10, SECTION 5, ARTICLE 5.01 "STREETS"; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT EXCEEDING FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED, APPROVED, AND ADOPTED, this the 2nd day of April 2007 by the City Council of the City of Sanger, Denton County, Texas. APPROVED: MAYOR ATTEST: CITY SECRETARY e Ja ck 5' G 0In " s s 0 on - e' 'e c. /yt 4 y /, 2 v o 7 TAar�cs