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10/18/2007-PZ-Agenda Packet-RegularAGENDA PLANNING AND ZONING THURSDAY, OCTOBER 18, 2007 7:00 P.M. 201 BOLIVAR 1. Call Meeting to Order. 2. Approve Minutes: October 4, 2007 3. Presentation of the City of Sanger's Proposed Comprehensive Master Plan and Thoroughfare Map. 4. Conduct Public Hearing Regarding the City of Sanger's Proposed Comprehensive Master Plan and Thoroughfare Map. 5. Consider and Possible Action on the Recommendation of the City of Sanger's Proposed Comprehensive Master Plan and Amendment to the Thoroughfare Map to the City Council. 6. Consider and Possible Action Regarding Ordinances Relating to Building, Planning, Zoning and Subdivision Regulations. 7. Adjourn. ( loal m-& C. Elie Chavez, iU -/2 — o7 4:oo,,°A, TEX N, Date &Time Posted 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 4, 2007 MEMBERS PRESENT: Gary Bilyeu, Glenn Jensen, Brian Hutcherson, Russell Martin, Shelley Ruland, Paul Edelman ABSENT: Kay Van Haven OTHERS PRESENT: Engineering Coordinator Samantha Renz 1. Gary Bilyeu Called Meeting to Order. 2. Approve Minutes: Sept 6, 2007 Sept 13, 2007 Sept 20, 2007 Russell Martin mentioned the typo on the 2nd lime of the Sept.13 minutes. It should read "Glenn Jensen" not "Glenn Ervin'. Russell Martin moved to approve the minutes as corrected. Shelley Ruland seconded. Motion carried unanimously. 3. Consider and Possible Action on Review of Zoning, Subdivision and Building Ordinances. Gary Bilyeu expected to have opinion back on the SUP ordnance form the City Attorney. This is not back yet, if there is nothing to discuss, they can hold off until the next meeting. Discussed the next meeting to be scheduled for October 18, 2007 at 7:00 p.m. 4. Meeting adjourned. a�geh ?EBAS ENGINEERING DEPARTMENT P.O. Box 1729 ' 201 Bolivar SV Sanger, TX 76266 ' 940-458-7930 October 12, 2007 To: Planning and Zoning Commission Fr: Samantha Renz, Engineering Coordinator Re: Proposed Comprehensive Master Plan Attached is the brochure regarding the Comprehensive Land Use and Thoroughfare Plan for your review. There is a larger book, detailing the plan, and it should be ready on Monday. Cecile requested I give you this document and we will get the larger book to you as soon as we have it. -- r 7 �o, -3 M"DUMON COMPREHENSIVE LAND USE PLAN AND THOROUGHFARE PLAN Sanger is strategically located along Interstate 35 and adjacent to Ray Roberts Lake and just north of the City of Denton. It's location places it directly in the growth corridor of north central Texas. It is a community of approximately 6,700 as of January 2007, as estimated by the North Central Texas Council of Governments. Recent land development activity, which precipitated healthy growth to many communities within the north central Texas area promises increased growth to the City of Sanger. Cooke Ca Deatoa Ca Krum Ponder Ray In 1886 the town of Sanger was founded. It soon became an important stop on the Santa Fe Railroad as a cattle town. Cattle from the ranches in north Texas were driven up the old cattle trails to the railhead. Along with the cattle industry, agriculture, primary in the form of wheat -growing also supported the region. History accounts for the name of the community as coming from the prominent Sanger family who operated retail stores in Waco and Dallas and was a valued customer of the Santa Fe Railroad. The town was laid out like many western town along the axis of the railroad. The original townsite was located on land owned by Mrs. Elizabeth Huting. N1 .r In 1919 the road between Sanger and Dallas was constructed, which provided critical access to the regional markets activity as the railroad was declining. The road was used to move agricultural products such as wheat, oats, maize, millet, and cotton from the field to the marketplace. Population of the town was generally small until 1980 when it experienced an increase to 2,574, which as a 609ti increase. No doubt this increase in population was influenced by the close proximity to Denton and Lake Ray Roberts. The City is currently a'home rule city with a population in excess of 6,000 persons. LEGISLATIVE J UrMORITY The Texas Local Government Code (TxLGC) authorizes the adoption of a comprehensive plan in Chapter 213 'for the purpose of promoting the sound development of municipalities and promoting public health, safety and welfare; and that *zoning regulations must be adopted in accordance with a comprehensive plan'. The state statues give further guidance by specifying that land use decisions be designed to (1) lessen congestion in the streets; (2) secure safety from fire, panic and other dangers; (3) promote health and the general welfare; (4) provide adequate light and air, (5) prevent the overcrowding of land; (6) avoid undue concentration of population; and, (7) facilitate the adequate provision of transportation, water, sewers, schools, parks and other public requirements. The 2007 population estimate by the North Central Texas Council of Governments (NCTCOG) for Sanger is 6,700 persons. The City's population remained steady, between 1,119 and 1190 for forty years from year 1930 to 1960. At that time it began a steady increase, likely due to the increased mobility provided by Interstate 35 and the creation of Ray Roberts Lake. The entire region experienced this healthy growth. However, from 1990 to the present date the average annual growth has been a very steady and healthy 3.9%. This growth translates into approximately 1,115 housing units over the seventeen year period, Applying the average annual growth rate of 3.9% for the next twenty-three years, or to the year 2020; that housing increase represents an additional 2,650 housing units or a population of approximately 10,974 persons. Population forecasts prepared by the Texas Water Development Board provide an even more aggressive growth rate, indicating populations of approximately 15,000 in year 2020 and 24,000 in year 2050. If the average annual growth rate of 3.9%were to extend to year 2030 the population forecast for Sanger would be approximately 16,042 persons, which is consistent with the aggressive growth projected by the Texas Water Development Board. CITIZEN'S SUKVEY During the course of development of the Comprehensive Plan, a community, survey was conducted to determine the public's position relative to critical growth related issues. These positions assisted the planning team in developing the Comprehensive Land Use Plan. A total of 471 persons completed the surrey, which was available on the Internet and at city offices in a paper form. Of Ihose who responded the following information was obtained. • Approximately 90% of those responding lived in the City of Sanger. • The increase in population was reflected by the respondents, with 25% being new residents of one to fire years. Another 25% had lived in Sanger for over 25 years. • The majority of the respondents were homeowners, with 92% of those responding indicating they owned their home. • Approximately 40% of those responding were employed within the corporate limits of Sanger with 25% working in the City of Denton. • The top three issues relative to growth and quality of life were listed as being Planning For Growth, Traffic and Circulation Needs, and Street 8 Road Maintenance. • Items that were rated high on the list of quality of life issues included Variety of Housing and Costs, Employment Opportunities, Active and Passive Parks, Sidewalks and Walking Paths, and Enhancement of Downtown. Al of these issues were rated as being important by over 80% of those responding. • Respondents were supportive of 'mixed use' development by only plurality of 49% with 10% of the respondents voicing no opinion on the subject, which concludes that any 'mixed use' type development must be closely monitored regarding quality and value. • Those persons responding felt that their neighborhood was a good place to raise families but were disappointed in the parks and recreation facilities provided, with approximately 47%of those responding indicating parks and recreation facilities were poor. • Generally, the respondents greatly supported most forms of corporate and retail growth, with the strongest support, all over 90% being for Office and Corporate building, Retail Development, Downtown Development, Grocery Stores, 'Sit-down' Restaurants, Indoor Entertainment, and Medical Facilities. • Approximately 65°k of the respondents expressed a general dissatisfaction in the amount of retail opportunities currently existing. However, a great majority of those responding, 870A confirmed they were satisfied with the appearance of new homes in the community. • Regarding City services, the respondents were very pleased with the services provided by the police and fria departments and were least pleased with services afforded the senior dozens. • Approximately 63% of the respondents expressed a need to add more sidewalks and pedestrian paths which are currently deficient in the city. • Respondents also expressed interest having new developments provide additional park land or funds for future parks. They also expressed a desire to improve code enforcement of current regulations and to establish more site development standards for commercial development • Approximately 88% of those responding supported preservation of the historic character of the downtown area. A more detailed accounting of the survey results is available at the City offices and has also been posted on-line on the Cityrs webpage. LAND USE PRINCIPLES A number of factors must be considered when planning for the future development of a city. The primary factor is a dear image of the type of city that the residents of Sanger want at the point of ultimate development. The Future Land Use Plan Map shows how the City plans to use land in the future. This Plan is based upon input from the Planning and Zoning Commission and the City Council during this planning process, with input from citizens during the development process. Physical elements, including major roadways, railoads, the floodplaln, and flood - prone areas, also have an impact upon a ciiy's development These physical features can be either naturally formed Orman -made, and can serve as barriers to growth. 2 U16Mvesign ElenLM& The tens 'urban design' refers to the planning of development in a comprehensive manner in order to achieve a unified, functional, efficient, and aesthetically pleasing physical setting. Urban design consists of a number of elements that are accepted by planning professionals as desirable and necessary for the orderly growth and development of an area. They enable planners to effectively create the desired farm of the town. The urban design elements that have been applied in the City of Sanger's Comprehensive Land Use Plan are described in the following pages of this brochure. The urban design elements are applicable to future development, and should also be applied to existing development whenever possible. It is important to note that the residential concepts provided herein are usually applied to developments that have much higher densities than is projected in the goals of Sanger. However, this does not after the application of the these principles. The intent of this plan is to assist the City to maintain and encourage residential and nonresidential development that continues to provide high value and excellent quality for the residents of the City. The neighborhood Concept is one of the oldest and most widely used and accepted practices in urban land use planning. This concept helps to create quality spaces in which people may live. The concept places primary emphasis on creating neighborhoods that are buffered from the impacts of elements from outside the neighborhood system. By using a transition of land use intensity, the most sensitive element of a neighborhood, residential use, is protected from the effects of intense commercial use. Nei=hborhood 1-0-1-14 aiipla ri���>er�"'�r '»�«,�rp°�1.• Concept ftr► *AVM rI.•a101:a kkmtdf*cft*%w ".xWWW" 11ja mllnrm Wcd. Rewplaim," tv atilierd-bm PWI k. Armlet Were; lwaad a payATy er Wq bboda+d+re un) tam.ttamlaat'vo xa)adnrviowoWiIaAaAnlc. «" Coseamid Lod Um lmililbewimWawsrdwobit. ` . Irro Waffle kke it" w rrpiaay %ell ird. MmmyaaaaMo�nereidpnpeN(y.6m ItN*ilm mbrn a au psANibk.b antrial stnttrA. -� >,twl•b.ay nsUar61 and was Abmw r:ir.>.h, fact srsRial "" n.upaimyrar..l.►al�rcehJwoWeacar}AmalarNr��f �� rrMa•familyraCRc. CdlrslwsimbpoweWcmto&*4a6milwe a111e6a4i,00rax dowsbWAr.7bI•aMrsnliAN1odw"Awaitaieeaaeisla &W RtdkMM bb+bmld WAIN Ism rm90 a kdal teauircA,iat91 fmnayt rypl les. TEkMM yKbo* ON bllwasnfiadrwkTW flkwobvib" "Ore deairt rsaldealbl law aArA alaroW lr later d.era rho acmA b pawidal frommegeauw bat A"10. Csmnimial property eluW wi mval3101 w au kd indprb.volm it i,tok v%W a a Abppispwwwv� The neighborhood concept recognizes that the foundation of a neighborhood is its streets. Streets serve two primary purposes in neighborhood systems: to facilitate the movement of people and goods, and to serve as physical boundaries between adjacent land uses or neighborhoods. Streets should be designed and located so as to accomplish their purpose of efficient traffic service, while discouraging through traffic in neighborhoods. Curvilinear street patterns are encouraged. In addition, a high priority is placed on connectivity of subdivisions to insure appropriate traffic circulation. This oxloept of connectivity also includes pedestrian traffic. The Rural Neighbodtood Concept, as illustrated in k raf Appkabon or the Nefghbfxhood Concept functions to maintain the character of some areas located in the ETJ. This concept is a variation of the Neighborhood Concept as applied to urban areas. Its primary emphasis is placed on large -lot residential areas (lots 1-1/2 acres or greater) and locating urban land uses in a manner that protects sensitive, residential areas from the effects of urban development. Limited neighborhood commercial services within rural, residential areas are located only at the intersection of major arterials. All other urbanized development is located in districts, separate zones along arterial roads that will not threaten the nature of rural neighborhoods. Additionally, rural design features differ from those in urban areas by ensuring that development maintains the rural, natural character of the County. For instance, drainage channels should be natural as apposed to lined with concrete, and buffers should consist primarily of open space and natural vegetation as opposed to walls or other hardscape materials. Pdndpal Roadways. indudin8 Fremisys. usually defift the limits of die mvftftw I+reher d-SitySMO W* located adytaunt to significant arose of aommercial and serves as a buffer to rival residential Ifll•Iler Nf81lB91def1691,Raa Characterized by lots greater Ilan Lta Acres and radr mast type aadways Commercial uses in urban nelphbahoodc limited to node commercial uses and may be one or more owners but not necessarily kur Comers -- Commercial corudas and collector and local roadways nodes mayO=W adjacent b Wolohan similar in disinter to Principal roadways and urban neighborhood beeways Boat 11ppikoon of Ike Ilef$4Doraw cWttut phi Now&&Wsm or Akv- TraddoW Devle0ow t In the last few years an emphasis has been placed on land development that increased the density of uses in order to conserve on utilities and natural resources. This emphasis has been called 'smart growth'. Its objective is to provide quality living, recreation. shopping, and work spaces that are located in close proximity to each other. Smart growth includes the planning concepts of New Urbanism, or Neo- tradiitional, development The primary characteristics of the New Urbanism/Neo-Traditional concept as summarized by the Congress of new Urbanism (NewUrbanism.com) are. CofNfel dWty Mfxed Me "llyAmhdeotm+aand DOSO Smart TrensparbdW &Mftjiuwlitty a" system enmwagas padectian _ -: Saasts am yid pattern to Perim activity within the naouadiYoaal ; 1 ovv �Oh -W*W. .r.... M M ,r's a«1 I andf"ues 1 naa,. a v crow lt•sidpail urn area oommrrs ;} FM cunt , , 9ai aftaarmeiilvOldaneitin r It'd '',•� `!! •, a a ss t►� am ,�! 8inpto tarmy core aua,ai s a eras a a I ! a biprw surgle amlyde sl6ea New Urbanism / Neotraditional Neighborhood Concept PedesManand VaikkularConnectivily It is an established fact that the purpose of residential neighborhoods is for dwelling and recreation. As such, neighborhoods should be pedestrian oriented. Contemporary designs for residential neighborhoods have emphasized the circulation of vehicle traffic to, through, and around the neighborhood. Most residents do not use their vehicle inside the neighborhood. Circulation through the neighborhood by the residents of the neighborhood is preferred to occur or foot or by other modes of transportation, such as bicycles, in -line skates, and in some cases golf -carts. Unfortunately, the development community has emphasized the construction of streets and minimized the provision of circulation systems for pedestrians. The well designed neighborhood should include the appropriate circulation of both vehicle and pedestrian interests. It is also critical to note that streets are designed for vehicles not pedestrians. Therefore, the reliance on a ribbon of concrete adjacent to the street as a pedestrian pathway is the least desirable manner of providing pedestrian circulation facilities. Each subdivision should be designed such that a separate pedestrian circulation system and a vehicular circulation system are provided. The two systems may coincide occasionally, but the vehicular roadways must not be the sole evidence of pedestrian circulation. t••• �••', A'+ - Pedestrian trat6cshoutdnot be tt� Nc� J%d `r :r c � ►� , dependent on vehicular streets; { V howeverticanamadfacentalong !', . ..�, • « some street sections V*kukar traffic should be cmfbrm to tlaroughfare classficatians: however roadways must oo WW a*cent and Mn neighborhoods Comma dafD#WiN PmentFarms Commercial development, because of its infrastructure needs, intensity, and Mc volume, is a critical land use to the urban form of a community. Elements such as building orientation, lot depth, land use intensity, and location should be planned so that commercial development becomes an asset to the community, rather than an eyesore. 'Strip commercial' is a common, but undesirable, type of commercial development. The primary characteristics of strip commercial are: • 9Wowkts • NumemussmaBPWCels • AkffnE/rJaffb cuts/Qrfflranm, • Numerous smapbuildrrgs ► 0 no architecdsalL#W- • Miniwl(orno)&A0A 009 • Lkn ted • The lack oflandscapiVorofherbafai; To avoid this type of undesirable development in the future, commercial developments in Sanger should be required to incorporate the elements of the commercial node and commercial corridor models into their design plans, as should redevelopment of older areas. Comrnerda/Corrrdbrs The commercial corridor development form emphasizes the location of commercial uses along an arterial. This development forth is characterized by high intensity commercial use located near the intersections of major arterials, with less intense commercial uses located along the arterial between intersections. To create cohesiveness among a variety of commercial uses, development guidelines should require uniform signage, shared driveways, and landscaping along the thoroughfare in commercial corridor developments. The following are the primary elements of commercial corridors: 73000'GCGOOCGC]GGOG330Gi7a ��vo�aoaovooQaava��ova� • Depth should be restricted to not more than 300 feet and not less than 150 feet • Parking lot interiors and perimeters should be landscaped to screen automobiles and break-up large areas of pavement • Access to commercial property should not encroach into residential neighborhoods. Primary access is directly born arterial streets. • Buffering between single farru'y and commercial uses may consist of landscaping, and/or solid walls. In addition, dumpsters and mechanical equipment areas should be screened. • Corridor development should orient traffic toward arterial streets and discourage entry to residential neighborhood. The commercial node development forth consists of commercial land use that generally develops around intersections of major thoroughfares and around intersections of collector streets with arterial streets. A distinguishing characteristic of nodal development is that the commercial activity is directed toward the intersection, and does not extend along the intersecting streets. The size of a commercial node is generally not limited, but is determined by the type of commercial use at a particular location. These physical elements may serve as barriers to contain intense land uses. The following are the primary elements of commercial node development 4 w:w w w•=w w w w No • Parking lot interiors and perimeters should be landscaped to screen automobiles and break up large areas of pavement • Depth should be restricted to not more than 300 feet and not less than 150 feet • Parking lot interiors and perimeters should be landscaped to screen automobiles and break-up large areas of pavement • Access to commercial property should not encroach into residential neighborhoods. Primary access is directly born arterial streets. • Buffering between single farru'y and commercial uses may consist of landscaping, and/or solid walls. In addition, dumpsters and mechanical equipment areas should be screened. • Corridor development should orient traffic toward arterial streets and discourage entry to residential neighborhood. The commercial node development forth consists of commercial land use that generally develops around intersections of major thoroughfares and around intersections of collector streets with arterial streets. A distinguishing characteristic of nodal development is that the commercial activity is directed toward the intersection, and does not extend along the intersecting streets. The size of a commercial node is generally not limited, but is determined by the type of commercial use at a particular location. These physical elements may serve as barriers to contain intense land uses. The following are the primary elements of commercial node development 4 w:w w w•=w w w w No • Parking lot interiors and perimeters should be landscaped to screen automobiles and break up large areas of pavement • Unlike Commercial Corridors, Commercial Nodes should not be restricted to 300 feet or less in depth. The commercial activity should determine the depth. • Buffering between single family and commercial uses may consist of landscaping Edges and Transi8ons Well-defined edges and gradual transitions of land use are important to the function of the Comprehensive Land Use Plan. Edges are boundaries of land uses that dearly indicate the beginning and termination of a land use type, while transitions are land uses that serve as a buffer zone between uses of differing intensities. Edges are generally recognized as physical elements, such as creeksftodplains, interstate freeways, or thoroughfares. These physical elements may serve as barriers to contain intense land uses. SweeWng Wags and BrdYm. When conflicting land uses must be located next to one another, a means must be provided to soften the impact of the more intense use. This can be accomplished by providing screwing walls or landscape buffer areas between the incompatible uses. Scrieierrlag Wally Walls used to screen incompatible uses should be solid. Wooden fences are not recommended for this purpose because the properties of a wooden fence cannot offer an adequate barrier to offensive impacts from adjacent uses, and they have a tendency to deteriorate over a short period of time. It is moom mended that screening walls consist of solid masonry materials, combined with landscaping. Screening walls that are adjacent to public roadways should always be combined with a variety of landscaping materials. Landscalpe B dkrs: Incompatible land uses may also be effectively sowed with the use of landscaping material. There may be occasions when a six-foot screening wall, while limiting access, does not provide adequate characteristics to buffer against sound or visual effects from adjacent property. In such cases, it is recommended that rapid growing trees, at least three inches in diameter at the time of planting, be placed along the screening wall at intervals that will provide full coverage at ultimate tree growth. If sufficient land exists, berms may also be used. Forte PWnts and Entry Slate m e Ms Focal points and entry statements are design elements that are used to draw attention to significant areas of the town. Focal points are intended to make a statement about the community and to establish a City theme by using such elements as uniform signage and the City logo. Other elements that may be incorporate could be a combination of landscaping, decorative pavers, banners, signage, street furniture, and statuary. These elements can create interest in a particular location, and establish a community theme throughout the town. Focal Points and Entry Statements Focal poets are used at locations where characteristics unique to Sanger are evident such as in an area where the amount of traffic and visibility, are high. Enty statements are special treatments applied where significant amounts of Mc enter the City. They are intended to communicate that one has entered the City. RXI'YIItE LAND tI ISE PLAN The Ftauve Land Use Plan provides a guideline for future development It is a foundation for future changes in zoning and provides guidance for capital improvements that are dependent of differing land uses. The Future Land Use Map provides a graphic illustration of the future patter of land use for the City of Sanger. These land uses are summarized in the following text Reskiwmwl Land Use: Although the zoning ordinance may permit a variety of residential districts, the Comprehensive Land Use Plan addresses three densities: Rural Residential, Urban Low Density, and Urban High Density. These designations are rat intended to represent zoning categories but reflect a direct relationship between these categories and zoning districts. Higher densities will be promoted and appropriate upon site specific application on individual properties. Uses other than single family will be permitted by specific approval of each project This flexibility will permit zero Iodine and higher density development as provided for in this text at site specific locations and upon approval of a planned unit development The Rural Residential area is generally that area that is planned for the lowest density in the City, whatever that density may be. Currently It is one unit for every five acres. However, this plan realizes that development may occur in this area and provide for lots less than five acres. In that sense, the Rural Residential designation represents lots that are greater than 1-M acre and possibly greater than five aces. The Urban Low-Densily Residential areas represent property that will likely be between five aces and 1-1R aces. These are generally areas that have already been developed as subdivisions and are not candidates for future development The Urban High -Density Residential area represent property that are candidates for development normally associated with platted lots within the corporate limits of a city. This designation does not intend to zone lot sizes for these purposes but is basically directing higher density growth into this area N it is to occur. It is important to note that higher density zoning may occur in any of the above described areas if such development has been approved by the City Council. However, the principles of design, buffer, and transition will still be applicable for any development Conitrnercial Land Use: Outside of public and quasi -public uses, non- residential uses in Sanger are generally limited to commercial type uses. The zoning ordinance provides for dean industrial type uses; however, there is a limited amount of property particularly suited for industrial, since those are generally located adjacent to railroads or Interstate Highways Commercial uses are generally limited to node type commercial that are focused on specific intersections of principle arterials. The Node Commercial principle encourages all traffic at these sites to be focused on the arterial. No traffic is permitted to invade the residential community. It is likely these will be basic service and retail businesses. Corridor Commercial uses are generally focused on major and minor arterial roadways such as 1-35 and FM 455. These corridors are typically 250 to 350 feet in width. Distances greater than 350 feet nun the risk of having out - parcels divided cif in the rear removed from visibility and access by the property along the highway. This does not mean that commercial properly that exceeds the 350 foot depth is not permitted; upon presentation of specific plans developments greater than the 350 foot distance will certainly be appropriate. PARi[i: PLAN Areas dedicated for passive and active recreation is a critical part of the community dynamic. Any effort considering the long range use of land should also include an analysis of the existing and future park plan goals, which in the case of the City of Sanger was addressed in the community survey. This Comprehensive plan addresses basic elements of the park plan, being more particularly the type of park, size of parks, and the location of those parks. Actual design and configuration of future parks should be addressed in a more detailed Parks Plan to be prepared under separate cover. There are generally two types of parks: active parks and passive parks. Parks Classhkatfon and Standards (National Standards) Park Typed Acres/ 1000 Minimum Population Service Area Population Acres Served Community 5 to 8 Acres 25 Acres Several 1 to 2 mile Park Neighborhoods radius Neighborhood 1 to 2 Acres 15 Acres 4,000 to 5,000 1/4 to 1/2 Park people mile radius MGni-Park 0.25 Acre 0.25 to 1 Adjacent 1/4 mile Acres Neighborhood radius Special Use or Varies Varies Varies Varies Linear Park Active parks contain regulation designed play areas such as ball fields, basketball courts, swimming pods, and other types of particular sports. These active parks usualy. . are dedicated primarily to competitive, organized sports or have paid employees maintaining and administering the activities. Passive parks consist of simple green areas with minimum or no facilities other than designated walk paths to parks with ball fields and basketball courts used for unorganized 'pick-up' games. Playgmnds with pavilions and rest benches are usually a central feature of passive parks. In order to have a well balanced parks system, both types of parks should be planned and accessible to all the residents of the community. Parks are further defined according to service area and size, ranging from Community Parks which may be greater than 50 Acres, depending on the population of the City, to MGni-Parks which may be only a fraction of an acre. An inventory of the City of Sanger confirmed the sentiment expressed in the community survey. The City is woefully below the standards expected of park systems. The four developed parks located in Sanger comprise a total of twenty- three acres of active and passive parks. By national standards several times that area should be provided. The Park Plan proposes to locate neighborhood parks throughout the planning area. Community Center Park, which is actually a neighborhood park but serves as a community which serves the entire community very well. Eventually, plans should be considered to relocate these facilities to a community park elsewhere, where more land area may be dedicated; however ifs central location serves its purpose. Railroad Ave. Baseball Park functions as a community park. Eventually the park should be expanded to allow for more parking and additional facilities. As the City is developed, it is critical that land area for neighborhood parks be dedicated as development occurs. According to that end, the Park Plan has wr P/o tpl0 •.. ' .00 Ill P/o _ P or . \.. --�"'' j• del , P. ;A j1 P Pip ..� r►arks L�yrcnJ� .'• .' �.�� Cti .r/ v .r , i !:' --•• : '�Ars► \�y'M wu��••�'ria.vm..rrrr.► ..p.;rl�`;� _ � �'p' ,', �.N'r.w.y.a.a P ►.�..wa..r..rr.► 1' rw.ar.w.rr Parks Map - = r City of Sanger 6 "'► °J - •i V M7 Id,1r ,, .y.'� '3 • 7 r v 1 •.. AV ... i w t..�' . h .v,.....: }... ...�.......a„�,�,.rw Wit_ _. _....- . ��• 4 at - - Thoroughfare Map City of Sai'ff located neighborhood park facilities throughout the City, as shown on the Park Plan. In addition, to these neighborhood facilities, linear parks and special use parks should be provided as appropriate. Flood plain areas are well suited for passive parks. In addition, all subdivisions should iwporate a pedestrian pathway system that encourages pedestrian circulation throughout the neighborhood as well as linkages to the developing park systems. THOROUGIOA RE PLAN Transportation planning is an integral part of the City of Sanger Comprehensive Land Use Plan. As the Town changes, the thoroughfare system must be capable of handling traffic movement in a safe and efficient manner. The City of Sangers Thoroughfare Plan is coordinated with the Future Land Use Plan and provides the tools to develop a transportation system that can accommodate the needs of existing and future land use. The primary form of transportation in Sanger is the automobile. For this reason, the transportation element of the Comprehensive Land Use Plan is focused an the system of public roadways, which is designed to expedite traffic movement and enhance safely. Thoroughfares located in the City of Sanger are relatively simple in scope and include a simplified combination of the Functional Classification System that includes a Principal and Minor Arterials, Collector roadways, and local residential streets. Local roadways are typically not included in the overall Thoroughfare Plan; however, upon experiencing added growth in the community, these roads should be re-evaluated periodically to be included as collector roadways. fw►cdaria/ C/assllfcadw The roadway classification system is intended to categorize streets by function for the purpose of clarifying administrative and fiscal responsibility. SI//JXJAVYOf Sanw Sty C1aMICOOM She Classification Desionation Plan Classification Freeway FW Controlled Access Multiple Lane Principal Arterial Street P41.1 Primary Arterial 4-Lane Undivided Principal Arterial Street P3U Primary Arterial 3-Lane Undivided Minor Arterial Street M4U Minor Arterial 4-Lane Undivided Minor Arterial Street 1111131.1 Minor Arterial 3-Lane Undivided Collector Street C2U Collector Two Lane Undivided Local Residential Street 1121.1 Residential Two Lane Undivided A complete circulation system provides separate facilities for the movement, transition, distribution, collection, access, and termination of trips. The hierarchy of the functional classification system ranges as follows: Principal Arterials, Minor Arterials, Collectors, and local streets. Streets located within municipalities generally are various saes, and have different numbers of vehicle traffic lames and design requirements. This Plan has categorized Sangers streets according to the Standard Street Classification System used by the Texas Department of Transportation (TxDOT). freeway.' This is the most intense thoroughfare as it relates to traffic volume. It is a controlled access freeway system. There is only one thoroughfare of this magnitude that impacts the City, Interstate Highway 35 (1-35). Interstate Highway 35 is a norlhisouth freeway that bisects the nation from virtually the southern border with Mexico and the northern Canadian border. 1-35 was approved by the Texas State Highway Commission in 1962 and has proven to be an essential 7 element of the economic vitality of the nation. It has been unofficially designated as the NAFTA highway because of its obvious connection of ,both the northern and southern US borders. Principal 4-L&7e Und/vlded Thoroughfares: The purpose of this thoroughfare is to carry vehicular traffic through the City as quickly and efficiently as possible It serves as a regional thoroughfare and as a result these roadways are often members of the state or federal highway system. Its width varies but will likely require between 100 and 120 feet of right-of- way. The impact of the volume on these roadways is often subject to dynamics that occur outside the community's borders; however, the local impact can be significant on properly adjacent to the roadway I sufficient rights -of -way are not adequate to carry the traffic. Thoroughfares within the City of Sanger with this classification include the proposed extension of Betz Road from 135 to McReynolds Road. This roadway will serve potentially as an outer loop to serve new development and alleviate future traffic volumes. Although not indicated on the thoroughfare plan at this time a connection by means of a minor arterial andl or collector roadway could complete the loop by extending to Rector road. This extension is highly recommended and should be considered to be included on the Thoroughfare Plan in the future. An additional KU roadway is planned for East Chapman Road from the railroad to Union Nil Road, at which point it is reduced to a M4U roadway and continues to Lake Ray Roberts. Principle 34" Una Wiled Thoroughfarrz Characteristic of communities that have experienced rapid growth, the volume of traffic produced by that growth have outgrown the lanes of traffic and the rights -of -way provided. Usually the older and original parts of the community are the ones experiencing this issue. Rights-ol-way may easily be extended in areas that are undeveloped. But, older developed portions of the community do not have room to expand due to existing development Expansion of these rights -of -way require property 10 be purchase and often older established residences and businesses being relocated. As a rude, this should be avoided. Solutions to this issue often include designating 'one way couplets' that provide for expanded directional lanes without altering the right-of-way width. In the case of FM455, providing 'one way couplets' is not feasible. First of all there is not another easthwest roadway that may work in tandem with the roadway. Secondly, the intersection of 135 is the critical element of the roadway and the source of the problem. Even if there were another roadway to serve as a couplet, there is only width under the Interstate for limited lanes. A three lane roadway is viable at this location to enable through traffic without impeding access to the businesses on either side of the roadway. In the event the intersection at 1-35 were to be redesigned to permit multiple traffic lanes as well as turn lanes and in the event that property were to be acquired on either side of FM 455, expansion to four - lanes with tum lanes may be considered. But, for the time being, a three - lane thoroughfare is planned to address traffic volume at this site Similar to the issue of adequate right-of-way experienced on FM 455, Fifth Street offerer the sane problems in the north/south direction. Fifth Street does not carry the same volume of traffic experienced by FM 455, however, the Thoroughfare Plan sees Fifth Street being used as an inner loop through the older part of the City. The configuration of the roadway will move traffic from 135 an the sothem limits of the City to a point north of the FM 455 intersection with W5. This inner loop is an important element of the circulation plan for the thoroughfare. Mieor 44" U 0AW Thorouphihns: These roadways serve to move large volumes of traffic from neighborhood to neighborhood; they may or may not traverse the entire city. The right-of-way for these roadways may be between 70 to 90 feet in width. There are a number of these roadways provided in the Thoroughfare Plan: McReynolds, Sam Bass Rd., Las Rd., FM 2164, and FM 455 outside of the urban area near 135. Commercial activity may occur at the intersections of these roads with other arterial roadways, but will not normally have significant commercial development occurring along the right-of- way. Collects 2-Lane Thwoughfam. This is the smallest roadway in the thoroughfare system. Its purpose in Sanger is to function as a less intense minor arterial and move volumes of traffic from neighborhood to neighborhood. However, its primary purpose is to relieve the traffic from local roads and feed the arterials. The rights - of -way of these streets may be between 60.80 feet in width. The additional width permits wider shoulders that may be used for parking or additional lanes if needed. The major collector roadways are shown on the Thoroughfare Map. However, collectors may be required within the neighborhood to collect and funnel internal vehicular traffic to arterial roadways. Therefore, a collector roadway is more a product of function than location on the thoroughfare map. In addition, Commercial roadways that are planned to carry significant truck and commercial traffic may also be designated as being collectors, depending on the nature of each individual development Local Sbwt Local streets provide access to residential properly and feed the collector street system. Local roads typically carry volumes of less than 1,000 vehicles per day. They are no more than two lanes and should be designed to discourage any kind of through -traffic, either through a curvilinear arrangement, the incorporation of loops and cul-de-sacs, or both. HERITAGIE3 PRESERVATION Sanger has a rich heritage that is present in much of its existing structures. Although there are residential structures with historic significance. the focal of the historic emphasis should first be the commercial downtown. Sanger is particularly unique in that it has a central square area but is not a county seat town. The square is an important feature that provides identity and development opportunity as a focal pant for the community. It is critical that as many city government activities be located adjacent to the square as possible, primarily for the purpose of bringing residents into the downtown area on a regular basis. Northeast Comer of Community Park The We of the structures in the Downtown area are a mixture of one -part and two part commercial structures. The original structures were brick; however, alternative exterior covers have been added through the years. Generally, it is recommended One -Part and Two -Part Store Fronts Along Elm Street element of the economic vitality of the nation. It has been unofficially designated as the NAFTA highway because of its obvious connection of both the northern and southern US borders. Principal 44ane UndMded Thoroughfare. The purpose of this thoroughfare is to carry vehicular traffic through the City as quickly and efficiently as possible. It serves as a regional thoroughfare and as a result these roadways are often members of the state or federal highway system. Its width varies but will likely require between 100 and 120 feet of right-of- way. The impact of the volume on these roadways is often subject to dynamics that occur outside the community's borders, however, the local impact can be significant on properly adjacent to the roadway I sufficient rights of -way are not adequate to carry the traffic. Thoroughfares within the City of Sanger with this classification include the proposed extension of Betz Road from 135 to McReynolds Road. This roadway will serve potentially as an outer loop to serve new development and alleviate future traffic volumes. Although not indicated on the thoroughfare plan at this time a connection by means of a minor arterial and/ or collector roadway could complete the loop by extending to Rector road. This extension is highly recommended and should be considered to be included on the Thoroughfare Plan in the future. An additional P4U roadway is planned for East Chapman Road from the railroad to Union Hill Road, at which point it is reduced to a M4U roadway and continues to Lake Ray Roberts. ftxWe 34Aw Ur>ru► Wed kharouughuaie Characteristic of communities that have experienced rapid growth, the volume of traffic produced by that growth have outgrown the lanes of traffic and the rights -of -way provided. Usually the older and original parts of the community are the ones experiencing this issue. R2ightsof-way may easily be extended in areas that are undeveloped. But older developed portions of the community do not have room to expand due to existing development. Expansion of these rights -of -way require property to be purchase and often older established residences and businesses being relocated. As a rule, this should be avoided. Solutions to this issue often include designating'one way couplets' that provide for expanded directional lanes without altering the right-of-way width. In the case of FM455, providing 'one way couplets' is not feasible. First of all there is not another east/west roadway that may work in tandem with the roadway. Seoondy, the intersection of 1-35 is the critical element of the roadway and the source of the problem. Even I there were another roadway to serve as a couplet, there is only width under the Interstate for limited lanes. A three lane roadway is viable at this location to enable through traffic without impeding access to the businesses on either side of the roadway. In the event the intersection at 1-35 were to be redesigned to permit multiple traffic lanes as well as turn lanes and in the event that property were to be acquired on either side of FM 455, expansion to four - lanes with turn lanes may be considered But, for the time being, a three - lane thoroughfare is planned to address traffic volume at this site. Similar to the issue of adequate right-of-way experienced on FM 455, Fifth Street ci feres the same problems in the northlsouth direction. Fifth Street does not carry the same volume of traffic experienced by FM 455, however, the Thoroughfare Plan sees Fifth Street being used as an inner loop through the alder part of the City. The configuration of the roadway will move traffic from 135 on the sothem limits of the City to a pant north of the FM 455 intersection with M. This inner loop is an important element of the circulation plan for the thoroughfare. Mknor 4-L&79 0xffv kd Thoroughfare.- These roadways serve to move large volumes of traffic from neighborhood to neighborhood; they may or may not traverse the entire city. The Nhtof-way for these roadways may be between 70 to 90 feet in width. There are a number of these roadways provided in the Thoroughfare Plan: McReynolds, Sam Bass Rd., Lois Rd., FM 2164, and FM 455 outside of the urban area near 1-35. Commercial activity may occur at the intersections of these roads with other arterial roadways, but will not normally have significant commercial development occurring along the right-of- way. Colledar 2-Lane Tlroraughfare. This is the smallest roadway in the thoroughfare system. Its purpose in Sanger is to function as a less intense minor arterial and move volumes of traffic from neighborhood to neighborhood. However, its primary purpose is to relieve the traffic from local roads and feed the arterials. The rights - of -way of these streets may be between 60-00 feet in width. The additional width permits wider shoulders that may be used for parking or additional lanes if needed. The major collector roadways are shown on the Thoroughfare Map. However, collectors may be required within the neighborhood to collect and funnel internal vehicular traffic to arterial roadways. Therefore, a collector roadway is more a product of function than location an the thoroughfare map. In addition, Commercial roadways that are planned to carry significant truck and commercial traffic may also be designated as being collectors, depending on the nature of each individual development. Local Sftwt Local streets provide access to residential property and feed the collector street system. Local roads typically carry volumes of less than 1,000 vehicles per day. They are no more than two lanes and should be designed b discourage any kind of through -traffic, either through a curvilinear arrangement, the incorporation of loops and cul-de-sacs, or both. IIERPTAGE PRESERVATION Sanger has a rich heritage that is present in much of its existing structures. Although there are residential structures with historic significance, the focal of the historic emphasis should first be the commercial downtown. Sanger is particularly unique in that it has a central square area but is not a county seat town. The square is an important feature that provides identity and development opportunity as a focal point for the community. It is critical that as many city government activities be located adjacent to the square as possible, primarily for the purpose of bringing residents into the downtown area on a regular basis. Northeast Comer of Community Park The style of the strictures in the Downtown area are a mixture of one -pat and two part commercial strictures. The original structures were brick; however, alternative exterior covers have been added through the years. Generally, it is recommended One -Part and Two -Part Store Fronts Along Elm Street that aluminum'and wood exterior coverings eventually be removed. Future construction should mirror the construction style of the original structures. The historic interests in the City should determine, with the City government, the nature and focus of historical efforts within the city. At a very minimum, the City should consider establishing basic regulations that preserve and encourage the rural heritage of the city. This will require that a historic preservation ordinance be implemented, zoning criteria to enforce any such historic preservation efforts, and design guidelines established for future alterations and construction of structures located within any established historic designated area. When we consider scale and placement for structures in the Sanger downtown area it is important that we realize that a reasonable rule of thumb is to maintain the consistency of the existing structures. Currently, the majority of structures are a ma of single story and two story. All of the two story structures are of a Two -Part Commercial Block style. Therefore any future structure should be of a similar style. However, even then, it would be uncharacteristic to construct any two stay mkt block. Most of the Two -Part Commercial Block structures are located on the comers. Scale of structure in relation of adjoining structures is critical in the aesthetic character of the downtown streetscape. Structures exceeding the height of the existing two-story buildings should be discouraged. An illustration pertaining to the relationship of sizes of structures placed in infill sites is provided as follows. • jam. - '�,j. 1� `.:1 . `� - � � $: �`i ..� : : F: d NO NO N Scale and placement of sturctures In tnfill sites must be consistent with the style and scale of the existing streetscape ` :Y fill fy h. isJ C—l-i YES YES YES A number of design elements should be accounted for to assure the heritage of Sanger be preserved in the downtown area. Features such as signs, awnings, store fronts, and street furniture and streetscape, should encourage the character of the downtown area Sighagie. Signs should avoid clutter and be limited according to size and number of signs. Sandwich signs for menu boards and hanging signs from eves and awnings should be uniform and not obstructive. Signs along the walkway should be pedestrian oriented. Pa#ft Head -in parking along the street shoulb be encouraged. This does not prohibit additional parking in the rear of the structures or lots that are within walking distance of the downtown area Even the location of parking spaces should encourage pedestrian activity. Atm igs and Cangvtaes• Awnings and canopies have always added both a design feature as well as a functional element to the front of commercial buildings. Whereas the 'bubble style of awnings is functional and appropriate at some locations, they are not appropriate for the Heritage area. Awnings and canopies that are historically significant are 'rolled' awnings or 'flat' canopies. Awnings and canopies should be made o l canvas or metal, which are characteristic of historic commercial buildings. in addition, the placement of awnings should relate to each individual window and not extend continuously across the face of the building incorporating all the windows under one awning In order to provide for the regulatory tools necessary to preserve any historic area, a number of tools must be developed. The City of Sagner is in the process of developing these even as the Comprehensive Plan is being prepared. These tools include the following: • Identification and establishment of a historical district. • Adoption of zoning regulations in the historical district • A Historical Preservation Committee for commercial and residential structures. • Preparation of a Hstorical Design Guideline for Commercial and Residential structures. • A Historic Preservation Ordinance. as rr t ;ZI IC-1It 11 V Y. -1 Economic Development's services are designed to attract, retain, generate, and facilitate expansion of high quality business and industry resulting in a stable, diverse local economy and an improved standard of living for the citizens of The City of Sanger. Eomornic Development assists existing businesses in the City in expansion, relocation, and retention issues, and recruits new businesses to the City from foreign and domestic markets that may be interested in expansion. The Department also works to designate additional areas of the Pensive Plan for development and to recruit industries and retail to the City of Sanger. As Sanger develops according bo the. physical plan of the Comprehensive Plan, it will need a well organized economic plan to facilitate that growth. Efforts to coordinate the physical and economic growth are evident in the recent economic development actions, which include the development of a Mission Statement and goals. Mission: To enhance the quality of life in Sanger by promoting and assisting the development of meaningful and rewarding employment opportunities and greater access to desirable goods and services;. Slogan: Preserving the Past, Prorating the Future Goals: • Identify and recruit businesses which contribute to Sanger's economic well-being by broadening and diversifying the tax base and creating quality employment opportunities, while maintaining quality of life. • Provide for a vibrant economy through a pro -active business retention and expansion program that encourages Sanger businesses to grow and expand their presence in Sanger. 0 Encourage the local economy through a business redevelopment program that focuses on stimulating new investments in the downtown area. Promote a pro -business environment, in coordination with the City, Sanger Independent School District, Chamber of Commerce, Denton County and other interested parties 9 0, I.] 0 PAMMI E El 0 IJ � otk-9L:� rNa. s i IMPLEMENTATION 1 :; VI h ji. {y��1 CJhd6rlt� Onstmetion Zoning Map City of Sanger is A critical component of the planning process is the implementation, or execution, of the plans that have trees developed. If implementation measures are not included in the Comprehensive Planning process, these goals may never be realized. A number of methods may be used to implement the Comprehensive Land Use Plan. The City may wish to use some or all of the following measures: • Ordinance Application, • Official AAap Mairtnance, • Checklists, Forms, and Applicadons Revision, and • The Planning Program The Comprehensive Land Use Plan is usually implemented by utilizing a combination of the above methods. One method may adequately implement one portion of the Plan, or a number of methods may be required. The following text addresses the different implementation methods and provides a description of how they are recommended to be used in the implementation of the Comprehensive Land Use Plan. AppkatlonoftliePu n • HowsliautdPlambVP47dpllssbeapphdtobWssltuatfon? The Comprehensive Land Use Plan has provided a description of applicable planning principles for Sanger, which are provided in the Urban Design chapter of this document. They include the neighborhood concept nodal and corridor commercial development fors, the establishment of edges, and the use of transitional land uses, buffering, and screening techniques. These planning principles should be considered by city officials when making decisions affecting development in the city. The neighborhood concept and commercial development forms should be employed when determining the placement of land uses and infrastructure in future developments. Edges, transitional uses, buffering, and screening techniques will be beneficial when considering the compatibility of adjacent land uses and their effects on one another. • W utdowMeAtruru3L&WLiseAttphecarianeWforOWsare&? Planning and zoning decisions should be made in agreement with the Future Land Use Map. This map provides a general picture of how land uses may be arranged to reflect the growth goals and objectives of the City. It is important to note that this map does not serve the same purpose as the City's zoning map. The Future Land Use Map is not law. It does not dictate exact boundaries of land uses. Therefore, it should be considered to be somewhat flexible. Changes other than those literally shown on the map can be made with the assurance that they are not in conflict with the Comprehensive Land Use Plan 'd they are in agreement with the goals and objectives and the planning principles provided in this text document. Municipal Planning Resources Group, Inc. 12 �.errr�n. _ WLEMENTATION J 11 e A critical component of the planning process is the implementation, or execution, of the plans that have been developed. K implementation measures are not included in the Comprehensive Planning process, these goals may never be realized. A number of methods may be used to implement the Comprehensive Land Use Plan. The City may wish to use some or all of the following measures: • Ordinance Application; • OMcW Map Maintenance, • C heddists, Farms, and Applications Revision; and • The Plaming Program The Comprehensive Land Use Plan is usually implemented by utilizing a combination of the above methods. One method may adequately implement one portion of the Plan, or a number of methods may be required. The following text addresses the different implementation methods and provides a description of how they are recommended to be used in the implementation of the Comprehensive Land Use Plan. App/kadwof&W Rw • Howshm&Pl raft Ptmx* esbe*#kdtoM sandw? The Comprehensive Land Use Plan has provided a description of applicable planning principles for Sanger, which are provided in the Urban Iy/1lf�li3O M. I 14� nn R Municipal Planning Resources Group, Inc. 12 Zoning Map City of Sanger Design chapter of this document They include the neighborhood concept, nodal and corridor commercial development fors, the establishment of edges, and the use of transitional land uses, buffering, and screening techniques. These planning principles should be considered by city officials when making decisions affecting development in the city. The neighborhood concept and commercial development forms should be employed when determining the placement of land uses and infrastructure in future developments. Edges, transitional uses, buffering, and screening techniques will be beneficial when considering the compatibility of adjacent land uses and their effects on one another. • What does the fufty Land Use Abprw4wlehnd torft am? Planning and zoning decisions should be made in agreement with the Future Land Use Map. This map provides a general picture of how land uses may be arranged to reflect the growth goals and objectives of the City. It is important to note that this map does not serve the same purpose as the City's zoning map. The Future Land Use Map is not law. It does not dictate exact boundaries of land uses. Therefore, it should be considered to be somewhat flexible. Changes other than those literally shown on the map can be made with the assurance that they are not in conflict with the Comprehensive Land Use Plan N they are in agreement with the goals and objectives and the planning principles provided in this text document aNgeh �TEgAS ENGINEERING DEPARTMENT P.O. Box 1729 * 201 Bolivar St* Sanger, TX 76266 * 940-458-7930 October 12, 2007 To: Planning and Zoning Commission Fr. Samantha Renz, Engineering Coordinator Re: SUP Attached is the letter from the City Attorney regarding the SUP Ordinance. OCT-05 2007 15:30 FR 2149650010 2149650010 TO 19404584180 P.02 NICHOLS, JACKSON, DI11-4YD, HAGER & SM1TH, L.L.P. Attomeys & Counselors at Law posERT L at ARD. JR. (1 s,,•+.M) 1600 LWC0* Plan H. LOUIS NICHOLS S00 North A1Catd u+WWdVCa W. JACKSON ovca,Nsa Dauas. Rim 75201 (214) 965-9900 FAX (214) %5.0010 Email NJDHS®NJDHS.com October 5, 2007 Vta facsimile: 940-458-4180 and first Class Mail Samantha Renz Engineering Coordinator City of Sanger P.O. Box 1729 Sanger, Texas 76266 Re: Specific Use Permit Amendment to the City's Zoning Ordinance Dear Samantha: We have reviewed the ordinance which you sent to our office regarding amendment to . the Zoning Ordinance insofar as it relates to specific use permits. After reviewing the ordinance, we make the following comments. The granting of a specific use permit is a change in zoning and the procedure to be followed is the same as you would ordinarily following in a zoning change. Specific use permits may be granted for a specified period of time. However, the time when said permit would expire must be in the ordinance granting the permit and cannot be based upon what the property owner does or does not do. The Ordinance does not indicate the type of uses eligible for a specific use permit nor does it fix the location where specific use pernts are permitted. As presently written, the ordinance would permit the City Council to grant a specific use permit for any use at any location in the City. This may or may not be desirable. As I read the ordinance, a site plan is required with any application for a specific use permit except where the administrative official of the City grants a waiver of the requirement of a site plan. Normally the site plan is approved as a part of the ordinance granting the specific use permit, but some ordinances provide that the site, plan will be approved after the ordinance is granted subject to the conditions in the ordinance. Once the site plan has been approved by ordinance, it cannot be amended without an amending ordinance and normally the amending ordinance can only be adopted after following the usual zoning change procedure. 21000 OCT'05 2007 15:30 FR 2149650010 2149650010 TO 19404584180 P.03 Section 31.1A provides that the procedure for the approval of a specific use permit includes a public hearing.The granting of a §p6cific use permit is a granting of a change of zoning and the normal zoning change procedure ikould need to be followed prior to the adoption of an ordinance granting a specific use permit. Section 31.1 D, permit required, provides that the granting of a specific use permit shall be done in accordance with the provisions for amendment of this zoning ordinance. This means if you are going to grant a specific use permit you go through a normal zoning change procedure. Section G, Conditions of Permit Approval; lists a number of findings that must be made j by the Planning and Zoning Commission before it can recommend a special permit be granted There are listed thirteen requirements and the Planning and Zoning Commission would have to make an affirmative finding for each of the conditions in order to recommend a specific use permit for approval, if the Planning and Zoning Commission does not make a finding on any one of the items listed in Section G., then they could only recommend that the specific use permit not be granted. Section, Time Limit, provides that a specific use permit shall become null and void unless construction or use is under way within six months, or if constructions stops for six months or more. It must be kept in mind that the' granting of a specific use permit is a granting of a change of zoning and in my opinion cannot provide that the specific use permit become null ,? and void if construction is not commenced within, a certain period of time. The ordinance could ' provide that the Planning and Zoning Commission could call a public hearing for the purposes of reconsidering the zoning on the property where construction has not been started within six months. This would merely mean that the Planning Commission could call a hearing and go through the normal zoning change procedure and adopt an ordinance eliminating the specific use permit. In my opinion the change in zoning could not be the result of the applicant either starting construction or continuing construction for a six month period. Subject J, Revocation of Permit, provides that the specific use permit may be revoked or modified after notice and hearing for reasons stated To revoke or modify the specific use permit would require the normal zoning change procedure and the adoption of an amending ordinance. There is no provision for revoking or modifying a specific use permit after notice and hearing. To eliminate the specific use permit is in effect a change in the zoning. Section L, Specific Use Permit Regulations, Section 4, provides that every specific use permit granted shall be considered an amendment to the Zoning Ordinance as applicable to the property but shall not be. considered as a permanent change in zoning. The granting of the specific use permit is a change of zoning and is permanent unless changed after a normal zoning change procedure, as any other zoning classification. This section also provides that in the event -the premises ownership is transfenred, the use of the property thereafter shall conform to the regulations of the original zoning district unless a new and separate specific use permit is granted. Iq my opinion you cannot make a change in the zoning contingent upon a change in ownership. The zoning is granted to the land and not an individual and applies to the land and shall change after the normal zoning change has been NICHOLS, JACKSON, DILLA,RD, HAGER & SMITH, L.L.P. . ocr 05 2007 15:30 FR 2149650010 2149650010 TO 19404584180 P.04 complied with. Ownership being transferred is bot of itself grounds for terminating a specific use permit. The form of the ordinance is satisfactojy; however, I suggest that you consider my comments before proceeding with the submission pf the ordinance to the City Council. If you have any questions, please let me know. Robert Dillard will be back in the office next week in case you need to talk to him. HLN:mew Enclosure Veryctruly yours, NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. By: H. Louis Nichols NICHOLS, JACKSON, DiLLARD, HAGER & SMITH, L.L.P. ** TOTAL PAGE.04 **