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11/15/2007-PZ-Agenda Packet-RegularAGENDA PLANNING AND ZONING THURSDAY, NOVEMBER 15, 2007 6:00 P.M. 201 BOLIVAR 1. Call Meeting to Order. 2. Conduct Public Hearing to Consider a Specific Use Permit on Property Legally Described as Original Townsite Lots 1-8, Block 1; Lots 1-10, Block 2; Lots 14 and 9-12, Block 7. Property is Located at 103 Bolivar Street. 3. Consider and Possible Action Regarding a Specific Use Permit on Property Legally Described as Original Townsite Lots 1-8, Block 1; Lots 1-10, Block 2; Lots 14 and 9-12, Block 7. Property is Located at 103 Bolivar Street. 4. Adjourn. ``````��ann„u�a��,,�. y OF Sq %. Rosalie Chavez, City SkretaryDite A Time Posted TEX P1. 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. aNgeh TT-EXAS ENGINEERING DEPARTMENT P.O. Box 1729.201 Bolivar St' Sanger, TX 76266 ' 940-458-7930 November 12, 2007 To: Planning and Zoning Commission Fr: Samantha Rene, Engineering Coordinator Re: SUP -103 Bolivar This is regarding the property located at 103 Bolivar Street; The old "We Package It Building". Cecile Carson presented this to the Commission at the November 8, 2007 meeting. The proposed ordinance is attached for your review, and the site plan is enclosed with your packet. Sanger Code of Ordinances SPECIFIC USE REQUEST Date: October 17, 2007 Name: Greensmiths, Inc. Address: P.O. Box 338 Frisco, TX 75034 Phone: 972-377-2427 I am requesting a SUP on property located at 103 Bolivar St., Sanger Texas, and legally described as: (see attached Exhibit A). The purpose for this SUP is as follows: Greensmiths, Inc. wishes to move its business operations from Frisco, Texas to Sanger and continue its operation at 103 Bolivar. Our current operations include blending and packaging fertilizers sold into the Turf markets. We also warehouse and deliver certain prepackaged fertilizers and chemicals utilized in the same market. We do not warehouse or handle Ammonium Nitrate or Anhydrous Ammonia in any form. The entire operation will be conducted inside the building and there will be no outside storage of raw material or finished goods inventory. THE METES AND BOUNDS (LEGAL DESCRIPTION) OF THE PROPERTY AND A SITE PLAN DRAWN TO SCALE MUST BE ATTACHED. Jim tgomery, President & GreenVths, Inc. eel-tF, f Da eiv d Fee S 200.00 PD. Rec'd by: ORDINANCE NO. AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SANGER, AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR AN ORGANIC FERTILIZER PACKAGING FACILITY ON A TRACT OF LAND 4.4798 ACRES MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; 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 AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission of the City of Sanger and the governing body of the City of Sanger, in compliance with the laws of the State of Texas and the ordinances of the City of Sanger, have given requisite notice by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, the governing body, in the exercise of its legislative discretion, has concluded that the Comprehensive Zoning Ordinance and Map should be amended; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Sanger, Texas, duly passed by the governing body of the City of Sanger on the 3rd day of August, 1987, as heretofore amended, be, and the same is hereby amended by granting a specific use permit for an Organic Fertilizer Packaging Facility, in an Industrial-2 (I-2) zoning district on a 4.4798 acre tract, in Sanger, Denton County., Texas, and more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes. wit: SECTION 2. That the specific use permit is subject to the following special conditions, to - 1. All development shall be in substantial conformance with this ordinance and the attached site plan, marked Exhibit "B" and made a part hereof for all purposes; 2. The existing Elm Street East of 2"d Street will not be utilized by this facility. 3. If the City of Sanger determines that Elm Street is being utilized for access or delivery by trucks and the City of Sanger documents same by photographic evidence, the business owner will be responsible for bringing the road up to the current City Standards Sanger Code of Ordinances 4. If the business owner decides to utilize Elm Street for access or delivery by trucks, the business owner will be responsible for bringing the road up to the current City Standards 5. The only sign permitted at this location will be a wall sign displaying the name of the company, if so desired. SECTION 3. That all provisions of the ordinances of the City of Sanger in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. That the above -described tract of land shall be used only in the manner and for the purposes provided for by the Comprehensive Zoning Ordinance of the City of Sanger, Texas, as heretofore amended. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 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, as heretofore amended, 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. s passage, and the publication of the caption, as the law and charter in such cases provide. Sanger Code of Ordinances DULY PASSED by the City Council of the City of Sanger, Texas, on the day of 2007. ATTEST: ROSALIE CHAVEZ, CITY SECRETARY APPROVED: JOE MGGS, MAYOR Sanger Code of Ordinances Sanger Code of Ordinances OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY TO 1139848 Exhibit A GF-Number 98RO6718 Being 195,139 square feet or 4.4798 acre tract of land situated in the Rueben Bebee Survey, Abstract No. 29, Denton County, Texas and being all of Lots 1 through 8, Block 1, Lots 1 through 10, Block 2, Lots 1 through 4 and Lots 9 through 12, Block 7 of the Original Townsite of Sanger, Texas according to the Plat thereof recorded in Volume 48, Page 630, Deed Records of Denton County, Texas and a called 0.348 acre tract of land being abandoned street and alley rights of way described in Quit Claim Deed from the City of Sanger, Texas to Brougham Industries, Inc. recorded in Volume 1055, Page 125, Deed Records of Denton County, Texas and a tract of land being abandoned street and alley rights of way described in Quit Claim Deed from the City of Sanger, Texas to Brougham Industries, Inc. recorded in Volume 833, Page 619, Deed Records of Denton County, Texas and a called 1.920 acre tract land described in Warranty Deed from The Atchison, Topeka and Santa Fe Railway Company to Brougham Industries, Inc. recorded in Volume 801, Page 222, Deed Records of Denton County, Texas, said tract being a called 4.5027 acre tract conveyed to 103 West Bolivar Associates, Limited Partnership by Warranty Deed recorded in Volume 2201, Page 880, Deed Records of Denton County, Texas, and being more articularly described as follows: BEGINNING a found 1/2 inch iron rod for a corner at the intersection of the north line of Bolivar Street (an 80 foot right of way) with the west line of the Atchison, Topeka & Santa Fe Railway (a variable width right of way); THENCE, S 88 degrees 38 minutes 36 seconds W, with the north line of Bolivar Street, a distance of 432.20 feet (435.77 feet per deed) to a found 1/2 inch iron rod for a corner at the common south corner of said Lot 4 and Lot 5, Block 7 of the said Original Townsite of Sanger, Texas; THENCE, N 02 degrees 07 minutes 04 seconds W (N 01 degree 21 minutes 24 seconds W per deed), departing the north line of Bolivar Street and with the common line of said Lot 4 and Lot 5, a distance of 250.00 feet to a found 1/2 inch iron rod for a corner in the south line of Elm Street (an 80 foot right of way), said point being the common north corner of said Lot 12 and Lot 13, Block 7 of the said Original Townsite of Sanger, Texas; THENCE, N 88 degrees 38 minutes 36 seconds E, with the south line of Elm Street, a distance of 100.00 feet to a found 1/2 inch iron rod for a corner, said point being the northeast corner of said Lot 9, Block 7; THENCE, N 01 degree 21 minutes 24 seconds W, departing the south line of Elm Street, a distance of 294.53 feet (296.00 feet per deed) to a set 1/2 inch iron rod for a corner in the south line of Pecan Street (a variable width right of ay), said point being the northwest corner of the above said 0.348 acre tract; THENCE, N 88 degrees 38 minutes 36 seconds E, with the north line of the said 0.348 acre tract, 4 distance of 158.71 feet (160.0 feet per deed) to a found OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY TO 1139848 Exhibit A (Continued) GF-Number 98RO6718 1/2 inch iron rod for a corner, said point being in the west line of the above said 1.920 acre tract; THENCE, N 01 degree 32 minutes 24 seconds W (N 01 degree 21 minutes 24 seconds W per deed), with the west line of the said 1.920 acre tract, a distance of 35.10 feet (34.0 feet per deed) to a set 1/2 inch iron rod for a corner, said point being the north corner of the said 1.920 acre tract and said point being the beginning of a non -tangent curve to the right with a central angle of 24 degrees 25 minutes 59 seconds, a radius of 326.95, a chord bearing of S 45 degrees 50 minutes 24 seconds E (S 45 degrees 39 minutes 00 seconds E per deed) and a chord distance of 138.37 feet; THENCE, the following courses and distance with the norhteast and east line of the said 1.920 acre tract: - Southeasterly, along said curve, an are distance of 139.42 feet to a set 1/2 inch iron rod at end of the said curve; - S 28 degrees 25 minutes 24 seconds E (S 28 degrees 14 minutes 24 seconds E !r deed), a distance of 49.51 feet to a found 1/2 inch iron rod for an angle roint; - S 21 degrees 33 minutes 24 seconds E (S 21 degrees 22 minutes 24 seconds E per deed), a distance of 89.60 feet to a found 1/2 inch iron rod for an angle point; - S 17 degrees 24 minutes 24 seconds E (S 17 degrees 13 minutes 34 seconds E per deed), a distance of 90.15 feet to a set 1/2 inch iron rod for an angle point at the beginning of a non -tangent curve to the right with a central angle of 14 degrees 10 minutes 00 seconds, a radius of 439.61, a chord bearing of S 07 degrees 14 minutes 24 seconds E (S 07 degrees 12 minutes 00 seconds E per deed) and a chord distance of 108.42 feet; - Southeasterly, along said curve, an arc distance of 108.70 feet to a set 1/2 inch iron rod for an angle point at the end of the said curve; - S 02 degrees 05 minutes 36 seconds W (S 02 degrees 07 minutes 36 seconds W per deed), a distance of 158.50 feet (158.34 feet per deed) to the Point of Beginning. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity s correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof.