09/06/2007-PZ-Agenda Packet-RegularAGENDA
PLANNING AND ZONING
THURSDAY, SEPTEMBER 6, 2007
1.
2.
3.
7:00 P.M.
201 BOLIVAR
Call Meeting to Order.
Minutes: August 23, 2007
Conduct Public Hearing to Consider a Concept Plan and a Zoning Change from SF6 (Single Family
6) to PD (Planned Development on Property Legally Described as Ranger Creek Estates, Phase 2.
4. Consider and Possible Action Regarding a Concept Plan and a Zoning Change from SF6 (Single
Family 6) to PD (Planned Development on Property Legally Described as Ranger Creek Estates,
Phase 2.
5. Conduct Public Hearing to Consider a Concept Plan and a Zoning Change from Old SF3 (Single
Family 3) to PD (Planned Development on Property Legally Described as Abstract 1241, Tract 325,
Being 0.9900 Acres. (Habitat for Humanity) Property is Located on Railroad Avenue.
6. Consider and Possible Action Regarding a Concept Plan and a Zoning Change from Old SF3 (Single
Family 3) to PD (Planned Development on Property Legally Described as Abstract 1241, Tract 325,
Being 0.9900 Acres. (Habitat for Humanity) Property is Located on Railroad Avenue.
7. Consider and Possible Action Regarding a Preliminary Plat for Habitat for Humanity Subdivision,
Lots 14, Block A. Property is Located on Railroad Avenue.
8. Conduct Public Hearing to Consider a Replat on Property Legally Described as N.L. Hobbs, Lot
1, Block A into Lots 1R-1,1R-2 and 1R 3. Property is Located on the Corner of Marion Road and
F.M. 455.
9. Consider and Possible Action Regarding a Replat on Property Legally Described as N.L. Hobbs, Lot
1, Block A into Lots 1R 1,1R 2 and 111-3. Property is Located on the Corner of Marion Road and
F.M. 455.
10. Conduct Public Hearing to Consider Amendments to the Comprehensive Zoning Ordinance -
Specifically Section 28 - Historic District and Historic Preservation.
11. Consider and Possible Action Regarding Proposed Amendments to the Comprehensive Zoning
Ordinance - Specifically Section 28 - Historic District and Historic Preservation.
12. Consider and Possible Action on R f " Subdivision and Building Ordinances.
13. Adjou V f'•• ••%01
Rosahe Chavez, City Secret y OatJ& Time Posted
This facility is wheelchair accessible and Nbem=W'W-%t-6C paces are available. Requests for
accommodations or interpretive services must prior to this meeting. Please contact the
City Secretary's office at (940) 458-7930 for further information.
MINUTES: PLANNING AND ZONING
August 23, 2007
PRESENT: Gary Bilyeu, Glen Jensen, Russell Martin, Kay VauHauen, Brian Hutcherson
ABSENT: Paul Edleman, Shelley Roland
OTHERS
PRESENT: Engineering Coordinator Samantha Renz, Nim Ashley, Nick Neyrey
1. Gary Bilyeu Called Meeting to Order.
2. Minutes: August 9, 2007
Two typos mentioned: "indicated" on item #5, and "about" on item #3.
Russell Martin moved to approve the minutes as corrected. Kay VanHauen seconded.
Motion carried unanimously.
3. Consider and Possible Action Regarding a Preliminary Plat for Sadao Addition.
Property is Located off of McReynolds Road, in the ETJ.
Gary Bilyeu indicated that staff had recommended approval.
Discussed that only lots 1-6 would use the private drive, if any other access in the future,
road most be brought to City standards.
Brian Hutcherson moved to approve the Preliminary Plat for Sadao Addition. Russell
Martin seconded. Motion carried unanimously.
4. Consider and Possible Action Regarding Final Plat for Sadao Addition. Property is
Located off of McReynolds Road, in the ETJ.
Kay VaHhauen moved to approve the Final Plat for Sadao Addition. Glen Jensen
seconded. Motion carried unanimously.
5. Consider and Possible Action Regarding a Final Plat for Hackberry Addition. Property
is Located on Railroad Avenue.
Staff indicated this is a lot of record, the plat is required before a building permit can
be obtained.
Brief Discussion.
Russell Martin moved to approve the Final Plat for Hackberry Addition. Kay
VanHauen seconded. Motion carried unanimously.
6. Consider and Possible Action on the Preliminary Plat for Lois Business Park. Property
is Located South of Lois Road and East of IH-35.
Item Tabled.
7. Consider and Possible Action on Review of Zoning, Subdivision and Building
Ordinances.
Discussed the proposed ordinance for Specific Use Permits.
Gary read the proposed ordinance, noting changes to the Royse City ordinance were in
bold caption.
Commission agreed:
A) In all areas change Special to Specific
B) Gary will research the issue of the "waiver" to determine what it is in
reference to.
C) Correct references to sections
D) In Section E, possibly add Item #8 - a time limit
E) Clarify "division" in section I, time limit of 6 months (leave in bold) and
add "by" to last sentence.
F) In section J, decide if there should be an expiration on the permit.
G) In Section L - decide if they want there to be flexibility on changes to
SUP, or if they need to come back to P&Z for all changes.
Gary Bilyeu will correct the ordinance, and submit to staff.
8. Meeting Adjourned.
ENGINEERING DEPARTMENT
P.O. Box 1729 " 201 Bolivar SV Sanger, TX 76266
940-458-7930
August 31, 2007
To: Planning and Zoning Commission
Fr: Samantha Renz, Engineering Coordinator
Re: Ranger Creek Estates Phase 2
Attached is the information on this request.
The concept plan is the Plat with a 20' rear setback. The only variance to
SF-6 zoning that is being requested is that the setback be changed from
25' to 20'.
Apparently when the plat was originally submitted, the rear setback was
20'. In the review and correction process the plat rear setback was
changed to 25'. These reviews and changes a lot of times are done
between the Engineer and the surveyor.
The property owner indicated he was not aware of the change, and the
layout he has been selling his lots from show a 20' rear building line.
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CURVE RADIUS LENGTH CHORD DELTA y , ':i ,, �±oc
68 RESIDEN11AL LOTS Cl 698.66' 20.00' H12'35'45"W 20.00' 01.38'25" sOav
C2 698.66' 20.00' N14.34'11"E 20.00' 01'38'25" SHEET 1 OF 2
JOB NUMBER: _ _ ----
-P.O. BOX 507 FINAL PLAT FOR
040131PP 1
DATE: I KRUM. TX 76249
4-14-4 940-482-6723 OFFICE RANGER CREEK ESTATES. PHASE 2
OWN BY: 940-482-3680 FAX
HCI 114-B MAIN STREET BEING 17.424 ACRES IN THE HENRY TIERVESTER
CHECKED BY: ALLIANCE GAINESVILLE. TX 76240 SURVEY. ABSTRACT No. 1241. IN THE CITY OF SANGER.
r.e.T. AREA 940-665-9105 OFFICE DENTON COUNTY. TEXAS
ZONING CHANGE REQUEST
Date: 07
Name: / JoLS
Address: qq c 5 mi o
Phone:
I am requethe properly located at
1 Nge,r, 66-cck
change from to PD
The purpose for this zoning request is as follows:
zzvn ( L P,4m"-s
Est , and legally described as
to be considered for a zoning
a.Elow rbv t/Qyla�✓IC s�-
4 MA" w�41 wo S Q ► vt�� �o kri4tL �Ml IWS
Date received
Fee $ DO 0-0— PD.1�
Rec'd by:
City of
0
M� -
iA a
Someplace Special
August 23, 2007
TO: Property Owners
FR: Rosalie Chavez, City Secretary
RE: Zoning Change
The City of Sanger's Planning and Zoning Commission win conduct a Public Hearing at 201
Bolivar, in the Council Chambers on Thursday, September 6, 2007 at 7:00 P.M. to Consider
a Concept Plan and Zoning Change from SF6 (Single Family 6) to PD (Planned Development
on Property Legally Described as Ranger Creek Estates, Phase 2.
The City of Sanger's City Council will conduct a Public Hearing at 201 Bolivar in the Council
Chambers on Monday, September 17, 2007 at 7:00 P.M. to Consider a Concept Plan and
Zoning Change from SF6 (Single Family 6) to PD (Planned Development on Property Legally
Described as Ranger Creek Estates, Phase 2.
Attached is a form for you to sign stating whether or not you approve of this request. If for
any reason you do not approve, or have any questions regarding this request please plan to
attend these public hearings.
RC:sr
Enclosure
201 BOLIVAR STREET SANGER, TEXAS 76266 940-458.7930
P.O. BOX 1729 940-458-4180 FAX
P&Z 09/06/07
CC 09/17/07
ZONING REQUEST
To Consider a Concept Plan and Zoning Change from SF6 (Single Family 6) to PD
(Planned Development on Property Legally Described as Ranger Creek Estates, Phase 2.
If you disapprove this Request, please be in attendance at the scheduled meetings.
Please check one:
I approve of the Request
I disapprove of the Request
Comments:
SIGNATURE DATE
Please Print Your Name-
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ENGINEERING DEPARTMENT
P.O. Box 1729 * 201 Bolivar St* Sanger, TX 76266
940-458-7930
August 31, 2007
To: Planning and Zoning Commission
Fr: Samantha Renz, Engineering Coordinator
Re: Habitat for Humanity Zoning Change (Abstract 1241, Tract 325)
Attached is the information on this item.
The Concept Plan is enclosed with your packet.
The only variance to the current zoning that they are requesting is a 50' lot
instead of a 60' lot width.
Currently, the minimum lot size is 6,000 sq ft. The minimum lot size will
be 7,385 sq ft. if the change is approved.
Habitat Homes is making this request in order to help house 4 families,
instead of three.
Jul 30 07 10:11a Habitat For Humanity Dent 9403874546 p.2
ZONING CHANGE REQUEST
Date: 7-25-07
Name: Habitat for Hunmit e of Denton County
Curt Fowler, Consmiction Coordinator
Address: Physical-1721 North Carroll / Mailing- PO Box 425
Denton, Physical zil-46201 / PO Box zip- 76202
Phone: offiice:484-5006
cell:368-4483
I am requesting the property located at Railroad Avenue, and legally described as A1241A
Tierwester, Tract 325 W6794) to 1* considered for a zoning change from Old SF3 to PD.
The purpose for this zoning request is as follows:
To allow for the development of fam lots for the purpose of constructing four new residences on
this property.
THE METES AND SOUNDS (LEGAL DESCRiP1ZON) OF THE PROPERTY IS
ATTACHED.
signature
Date received '07'30 -07
Fee $je �PD.
Rec'd by:
City of
G 1 P
a4►
Someplace Special
August 23, 2007
TO: Property Owners
FR: Rosalie Chavez, City Secretary
RE: Zoning Change
The City of Sanger's Planning and Zoning Commission will conduct a Public Hearing at 201
Bolivar, in the Council Chambers on Thursday, September 6, 2007 at 7:00 P.M. to Consider
a Concept Plan and Zoning Change from Old SF3 (Single Family 3) to PD (Planned
Development on Property Legally Described as Abstract 1241, Tract 325, Being 0.9900 Acres.
The City of Sanger's City Council will conduct a Public Hearing at 201 Bolivar in the Council
Chambers on Monday, September 17, 2007 at 7:00 P.M. to Consider a Concept Plan and
Zoning Change from Old SF3 (Single Family 3) to PD (Planned Development on Property
Legally Described as Abstract 1241, Tract 325, Being 0.9900 Acres.
Attached is a form for you to sign stating whether or not you approve of this request. If for
any reason you do not approve, or have any questions regarding this request please plan to
attend these public hearings.
RC:sr
Enclosure
sot BOLIVAR STREET SANGER, TEXAS 76266 940-458-7930
P.O. BOX 1729 940-458.4180 FAX
P&Z 09/06/07
CC 09/17/07
ZONING REQUEST
To Consider a Concept Plan and Zoning Change from Old SF3 (Single Family 3) to PD
(Planned Development on Property Legally Described as Abstract 1241, Tract 325, Being
0.9900 Acres.
If you disapprove this Request, please be in attendance at the scheduled meetings.
Please check one:
I approve of the Request
I disapprove of the Request
Comments:
SIGNATURE
Please Print Your Name-
DATE
HABITAT FOR HUMANITY DENTON CO
PO BOX 425
DENTON,TX 76202-0425
MOORE, ROSIE L
PO BOX 294
SANGER,TX 76266-0294
JONES, TAISEY
210 RAILROAD AVE
SANGER,TX 76266-6800
HUDSON, TAMARAH & JIMMY
PO BOX 50642
DENTON,TX 76206
CHAMBERS, BEATRICE
PO BOX 71
SANGER,TX 76266
JONES, SAMUEL
210 RAILROAD AVE
SANGER,TX 76266-6800
ROYAL, GEORGIA PEARL
203 E WILLOW ST
SANGER,TX 76266-5733
DELGADO, ROSA & OSCAR
394 RAILROAD AVE
SANGER,TX 76266-6817
SAN MIGUEL, NORMA
396 RAILROAD AVE
SANGER,TX 76266-6817
JOHNSON, DAVID LEE & HELEN E
214 RAILROAD AVE
SANGER,TX 76266-6800
ROYAL, GEORGIA PEARL
203 E WILLOW ST
SANGER,TX 76266-5733
A T & S F RR CO % PROPERTY TAX DEPT
PO BOX 961089
FORT WORTH,TX 76161-0089
TIPTON, GENE
614S2NDST
SANGER,TX 76266-5606
HOLLINGSWORTH, B J
6033 RECTOR RD
SANGER,TX 76266-7354
GLICKMAN, CAROL R
406 S 1ST ST
SANGER,TX 76266-5622
Denton Central Appraisal District
-r
Values are 2007 Certified Values
Home
®
Property Detail Sheet (R56794) a
General Information History
IS G)3 Map 1, Dart §hevt
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Owner ID:
00050555
• Property ID Search
Owner Name:
HABITAT FOR HUMANITY DENTON CO
Owner Address:
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DENTON,TX 76202-0425
Property Address:
RAILROAD ST
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Property Data
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Information
• Detail Sheet
Legal Description:
A1241A TIERWESTER, TRACT 326, ACRES 0.9900,
OLD DCAD SHT 2, TR 85
• History
Acreage:
0.9900
• Datasheet
Cross Reference:
A1241A-000-0325-0000
Undivided Interest:
100%
Other
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EX (Exempt Property)
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Entity Codes:
C16 (City Of Sanger)
• Neighborhoods
G01 (Denton County)
S14 (Sanger ISD)
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2006-132965
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Land NHS: $19,800 +
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Land D
ID Type SPTB Acre Market
Land'! IL (Improved Lot) E2 (E2 - Exempt) 0.9.1 $19,800
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ENGINEERING DEPARTMENT
P.O. Box 1729' 201 Bolivar St" Sanger, TX 76266
940-458-7930
August 31, 2007
To: Planning and Zoning Commission
Fr: Samantha Renz, Engineering Coordinator
Re: Habitat for Humanity Plat
Attached is the information on this item.
This Plat can only be approved if the zoning change on the agenda prior
to it is approved.
PLANNING & ZONING COAIWSSION
AGENDA BRIEF12VG
L I
19M
McWng Date. July 19, 2007 Preps Robert Woods, P.E.
Habitat for Humanity Subdivision, being a 0.99 Acre
subject: Tract of Land in H. Tierwester Survey, Abstract No.
1241, located in the City of Sanger.
STAFF REVIEW COMMENTS:
Habitat for Humanity is the applicant for the Habitat for Humanity Subdivision, being a
0.99 Acre tract of Land in H. Trerwester Survey, Abstract No. 1241, located in the
City of Sanger.
• Zoning: This property is zoned SF-3. The applicant is requesting a minimum
lot width of 50 feet which deviates from the minimum lot width of 65 feet
Right -of -Way Dedication: Railroad Avenue is dassMW as a local street, which
requires an ultimate right-of-way width of 60 feet The applicant is dedicating the full
60 feet right-of-way to accommodate this requirement
SUMMARY:
The proposed preliminary plat appears to satisfy the platting standards contained
within the Code of Ordinances of the City of Sanger.
TENTATiIVE SCHEDULE:
Planning &
Zoning
Commission:
City Council:
Jat8,-2007
RECOMMENDATION:
Staff recommends approval for the Habitat for Humanity Subdivision - Preliminary
Plat.
ATTACHMENTS:
• Habitat for Humanity Subdivision - Preliminary Plat
ENGINEERING DEPARTMENT
P.O. Box 1729 ' 201 Bolivar St' Sanger, TX 76266
940-458-7930
August 31, 2007
To: Planning and Zoning Commission
Fr. Samantha Renz, Engineering Coordinator
Re: Replat of NL Hobbs
A copy of the plat layout is attached; we will have the 18 x 24 plats for
your review at the meeting.
PLANNIlVG & ZONING COM MSSION
AGENDA BRIEFING
Meeting Date. 09-W2007 P"� Robert Woods, P.E.
SUA*t I Replat — N. L. Hobbs, Block A, Lots 1 R-1 thru 3 1
STAFF REVIEW COMMENTS:
Mr. David Manning is the applicant for the Replat of Lot 1 R, Block A of the N.L.
Hobbs Addition, a 3.156 acre tract, located within the city limits of Sanger.
Zoning: This property is currently zoned Business 2 (B2)
SUMMARY:
The proposed Replat appears to satisfy the platting standards contained within the
Code of Ordinances of the City of Sanger.
TENTATIVE SCHEDULE:
Planning &
Zoning September 6, 2007
Commission:
City Council: September 17, 2007
RECOMMENDATION:
Staff recommends approval of the Replat of N.L. Hobbs Lots 1 R-1,1 R-2 & 1 R-3,
Block A.
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T /1 .
ENGINEERING DEPARTMENT
P.O. Box 1729.201 Bolivar SV Sanger, TX 76266
940-458-7930
August 31, 2007
To: Planning and Zoning Commission
Fr: Samantha Renz, Engineering Coordinator
Re: Historic District/Preservation Ordinance
Attached is the information on this item.
Cecile Carson and/or representatives from the Historic Committee will be
present to address this item.
City of Sanger
STAFF REPORT
TO: Planning and Zoning Commission I
ITEM: Consider and Approve the repeal of the existing section 28 "H" Historic District
and Historic Preservation and adoption of a new section 28 "H" Historic District
and Historic Preservation
DATE: September 6, 2007
STAFF: Cecile Carson, Director of Economic Development
BACKGROUND AND ANALYSIS:
The City Council appointed a Historic Commission who held their first meeting March 26, 2007.
The Commission reviewed the existing ordinance authorizing the establishment of historic
districts, designating historic properties, and establishing a historic preservation plan.
The members discussed the current ordinance over the past five months and have made
recommendations to clarify and simplify the ordinance. Revisions include:
• Clarifying criteria for historic designation
• Adding criteria for member qualification to include the owner of a property eligible for
historic designation or within a historic district
• Setting a majority at 5 members
• Changed tax exemption to apply to historic designated properties
• Clarified repairs to structures that were damaged by natural causes
The Commission recommended approval at the July 17, 2007 meeting. Members of the
Commission will be attending the meeting to answer any questions.
ORDINANCE
AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE BY REPEALING AND REPLACING THE
EXISTING SECTION 28 "H" HISTORIC DISTRICT AND HISTORIC
PRESERVATION; 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 considering a change to the zoning ordinance; 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 28 of the Comprehensive Zoning Ordinance of the City of Sanger,
Texas, is hereby repealed and replaced with a new Section 28 to read as follows:
"SECTION 28
"H" - HISTORIC DISTRICT AND HISTORIC PRESERVATION
Declaration of policy
The city council hereby fords and declares as a matter of public policy that the protection,
enhancement, preservation, and use of historic landmarks is a public necessity and is required in
the interest of culture, prosperity, education and general welfare of the people. The purposes of
this article are to:
A. Protect, enhance and perpetuate historic landmarks which represent or reflect distinctive and
important elements of the city's and state's architectural, archeological, cultural, social,
economic, ethnic and political history and to develop appropriate settings for such places.
B. Safeguard the city's historic and cultural heritage, as embodied and reflected in such historic
landmarks by appropriate regulations;
C. Stabilize and improve property values in such locations;
D. Foster civic pride in the beauty and accomplishments of the past;
E. Protect and enhance the city's attractions to tourists and visitors and provide incidental
support and stimulus to business and industry;
F. Strengthen the economy of the city;
G. Promote the use of historic landmarks for the culture, prosperity, education, and general
welfare of the people of the city and visitors of the city.
28.1 Definitions
1. Alteration: The introduction of compatible forms, colors, textures, materials, and shapes which
harmonize with existing historical districts and landmark characteristics yet relate well through
the sensitive use of proportion, scale, and landscaping.
2. Historic District: A historic district is defined as an area which has outstanding historical and
cultural significance in the state, region, or community, within which the buildings, structures,
accessory buildings, fences, or other appurtenances are of basic and vital importance for the
development of culture and tourism because of their association with history, including:
(a) Historic structures, sites or areas within which the buildings, structures, appurtenances, and
places exemplify the cultural, political, economic or social history of the state, region, or
community.
(b) Historic structures, sites or areas that are identified with the lives of historic personages or
with important events in state, regional, or local history.
(c) Structures or areas that embody the distinguishing characteristics of an architectural type
specimen as to color, proportion, form, and architectural details.
3. Historic Landmark: A historic landmark is defined as a place which has outstanding historical
and cultural significance in the state, region, or community. The designation historic landmark
recognizes that the historic place, or the building(s), structure(s), accessory building(s), fences or
other appurtenances at the place, are of basic and vital importance for the preservation of culture
and the development of tourism.
4. Reconstruction: The reconstruction process involves the recreation of a replica of a building or
facility that no longer exists on its original site based on archaeological, historical, documentary,
and physical evidence. Both modern construction techniques and traditional methods may be
used for a reconstruction project.
5. Rehabilitation: This process involves modifications or changes to an existing building.
Rehabilitation extends the usefid life or utility of the building through repairs or alterations,
sometimes major, while the features of the building that contributed to its architectural, cultural,
or historical character are preserved.
6. Relocation: Relocation as a result from changes in land use and redevelopment programs
involves the disassembly, relocation on a different site, and reassembly of a building.
7. Restoration: The restoration process involves the careful and meticulous return of a building,
usually on its original site, to its appearance at a particular period of time by removal of later
work or replacement of missing earlier work.
28.2 Historic Preservation Commission Created
1. Creation of Commission
There is hereby created a Historic Preservation Commission for historic districts and landmarks,
hereinafter called the Commission, consisting of seven (7) members. The members thereof shall
be appointed by the City Council.
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2. Terms of Appointment
Members shall serve from July 1 of the year of appointment for staggered terms of two (2) years
and may be appointed to successive terms of office. Newly appointed members shall draw for 4
one (1) year terms and 3 two (2) year terms.
Vacancies shall be filled for an unexpired term in the manner in which original appointments are
required to be made. Continued absence of any member from regular meetings of the
commission shall, at the discretion of the city council, render any such member liable to
immediate removal from office.
3. Qualifications
To the extent possible, the City Council shall appoint members to the Commission which have
background in architecture, urban design, history, or other related professions. At least one
member shall be the owner of a property eligible for historic landmark designation or within a
historic district.
4. Chairman of Commission
The Chairman of the Commission shall be elected by a majority of the members of the
Commission. The first Chairman shall be elected at the beginning of the first meeting held after
the members are appointed and each successive Chairman shall be elected at the first meeting
held after new appointments to the Commission are made each July.
5. Functions of Commission
The Historic Preservation Commission shall thoroughly familiarize itself with buildings,
structures, sites, districts, areas and lands within the City which may be eligible for designation
as historic landmarks. The Commission shall act in an advisory capacity on all historic matters
that come before the city. It shall be the function of the Commission to advise the Building
Official concerning all applications for permits in the historic districts and historic landmarks.
Additional Duties:
1. The Commission shall make an annual report to the city council on the state of historic
preservation in the City and shall include in the report a summary of its activities for the past
year and a proposed program for the next year.
2. The Commission shall have the further responsibility of recommending to the City Council
and Planning and Zoning Commission, the adoption of policies, the sources of funds, and
designation of districts and landmarks that may further the City's preservation effort.
3. The Commission shall provide recommendations to the Planning and Zoning Commission and
City Council concerning the establishment of City policies, approvals of projects, designations of
additional historic districts, changes in historic district boundaries, designations of historic
landmarks and any other project or efforts which might affect a designated historic landmark or
historic district.
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4. The Commission shall, with staff advice and support, determine a suitable emblem for
marking buildings, structures, and sites within historic districts and for designated landmarks,
both public and private. This emblem shall be submitted for approval to the Texas Historical
Commission and then recommended for approval to the City Council, along with a list of
locations and sites and estimates as to cost, for approval by the City Council.
28.3 Meetings
The Commission shall meet at regular intervals with advance notice posted according to the
Texas Open Meeting Law. Additionally, meetings may be called upon request of the Chairman,
or upon written request of three (3) members, or upon notice from the City Secretary that a
matter requires the consideration of the Commission. Upon the filing of an application for a
building permit in a historic district, or historic landmark, the Commission shall hold a hearing
within fourteen (14) days after the date of filing of such application. The Commission shall take
final action on the application within thirty (30) days of the filing of said application. If action
thereon is not taken within thirty (30) days after the date of filing of such application, it shall be
deemed to have been recommended for approval and a certificate showing the filing date and the
failure to take action on the application within thirty (30) days shall be issued by the Commission
on demand. The applicant may withdraw the application before the thirty (30) day period expires
and may resubmit it at a later time if additional time is required for the preparation of
information or for research required by the Commission.
28.4 Majority and Voting Requirements
A majority of the members shall be 5 to constitute a quorum, and action taken at a meeting shall
require the affirmative vote of a majority of the appointive members in attendance.
28.5 Criteria to be used by Commission in determining its recommendation for Designation
The City Council may from time to time designate certain places in the city as historic
landmarks. The city council may designate buildings, structures, sites, districts, areas and lands
in the city as historic landmarks and define, amend and delineate the boundaries thereof. The
suffix "H" shall indicate the zoning designation of those buildings, structures, sites, districts,
areas and lands which the city council designates as historic landmarks. Such designation shall
be in addition to any other use designation established in this chapter. The zoning map shall
reflect the designation of an historic landmark by the letter "H" as a suffix to any other use
designation established by this chapter
1. Designation
A. In designating historic landmarks, the City Council shall follow these procedures with
recommendation by the Historic Preservation Commission and Planning and Zoning
Commission. In making the designations, the city council shall consider but shall not be limited
to one (1) or more of the following criteria:
1. Character, interest or value as part of the development, heritage or cultural characteristics of
the city, state or the United States;
2. Recognition as a recorded state historic landmark, a national historic landmark or entered into
the National Register of Historic Places;
3. Embodiment of distinguishing characteristics of an architectural type or specimen;
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4. Identification as the work of an architect or master builder whose individual work has
influenced the development of the city;
5. Embodiment of elements of architectural design, detail, material or craftsmanship which
represent a significant architectural innovation;
6. Relationship to other distinctive buildings, sites or areas which are eligible for preservation
according to a plan based on architectural, historic or cultural motif;
7. Portrayal of the environment of a group of people in an area of history characterized by a
distinctive architectural style;
8. Archeological value in that it has produced or can be expected to produce data affecting
theories of historic or prehistoric interest;
9. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state,
or United States;
10. Location as the site of a significant historic event;
11. Identification with a person who significantly contributed to the culture and development of
the city, state or United States;
12. A building or structure that because of its location has become of value to a neighborhood,
community area or the city;
13. Value as an aspect of community sentiment or public pride.
B. Hearings and Notice
1. The city planning and zoning commission shall hold public hearings as provided for in
V.T.C.A., Local Government Code § 211.007 to consider any historic landmark designation
ordinance after receiving a recommendation from the historic preservation commission. The
notices provided for in V.T.C.A., Local Government Code § 211.007 shall be sent to all owners
of property which is proposed for "H" designation as well as to the adjoining property owners
specified in such article.
2. Within thirty (30) days after the hearing, the city planning and zoning commission shall set
forth in writing its recommendation, including the findings of fact that constitute the basis for its
decision, and shall transmit its recommendation concerning the proposed ordinance to the city
council along with the recommendation of the commission.
3. Any notice required to be given under this Subchapter, if not actually delivered, shall be given
by depositing the notice in the United States mail, postage prepaid, addressed to the person or
entity to whom such notice is to be given at his last known address. When notice is required to be
given to an owner of property, such notice, delivered or mailed by certified or registered mail,
may be addressed to such owner who has rendered his property for city taxes as the ownership
appears on the last approved city tax roll.
4. Upon passage of any historic district or historic landmark designation ordinance, the City
Secretary shall send a notice of the fact of the designation to the owner or owners of affected
property by mail.
28.6 Existing uses
Nothing contained in this Section or in the designation of property as being in a historic district
or historic landmark shall affect the present legal use of property. Use classifications as to all
property which may be included in a historic district or historic landmark shall continue to be
governed by the general zoning provisions of this and the procedures therein established. In no
case, however, shall any use be permitted which requires the demolition, razing, remodeling, or
Sanger Code of Ordinances
alteration of any buildings or structures in such a historic district or historic landmark so as to
adversely affect the character of the district or historic landmark, except upon compliance with
the terms of this Section.
28.7 Role of Building Official
1. Construction, Reconstruction. Alteration, Restoration, or Relocation Procedure
The Building Official shall not take action upon a permit for any construction, reconstruction,
alteration, restoration, or relocation of a building or signs in the historic district or historic
landmark until he has received a recommendation from the Commission or certificate from the
Commission showing failure to take action as provided in Subsection 28.3 of this Section.
Upon receipt of an application for a permit in the historic district or historic landmark, the
Building Official shall act in accordance with the procedures presently being followed in that
office except as those procedures are necessarily modified by the following requirements:
(a) Building Official shall forward to the Commission a copy of the application for a
building permit, together with a copy of the plot plan and the building plans and specifications
filed by the applicant.
(b) Building Official shall maintain in his office a record of all such applications and of his
handling and final disposition of the same, which shall be in addition to and appropriately cross-
referenced to his other records.
(c) Building Official shall require applicants to submit a sufficient number of additional
copies of material required to be attached to an application for a building permit in compliance
with the foregoing.
2. Demolition Procedure
Notwithstanding any other provision of this Section, any property owner who desires to effect
complete demolition of any entire structure on his property theretofore classified pursuant to the
terns of this Section as, or part of, a historic district or historic landmark, shall give written
notice to the Building Official of his intention to effect such demolition. One hundred twenty
(120) days after the giving of such notice, the property owner shall be entitled to receive a permit
for such demolition, provided the application complies otherwise with this and the Building
Code.
3. Standards to be applied
The same criteria considered by the Commission as set forth in this Section shall be applied by
the Building Official in arriving at his determination as to issuance or denial of the permit.
4. Historic District
In determining the recommendation to be presented to the Building Official concerning the
issuing of a permit for the construction, reconstruction, alteration, restoration, relocation,
demolition, or razing of all or part of any building within the historic district, the Commission
shall consider the following matters:
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(a) The effect of the proposed change upon the general historic, cultural, and architectural
nature of the district.
(b) The appropriateness of exterior architectural features, including parking and loading
spaces, which can be seen from a public street, alley, or walkway.
(c) The general design, arrangement, texture, material, and color of the building or structure
and the relation of such factors to similar features of buildings or structures in the district. The
criterion shall not be the aesthetic appeal to the Commission of the structure or the proposed
remodeling but rather its conformity to the general character of the particular historic area
involved.
(d) Signs which are not consistent with the character of the historic district in question shall
not be permitted.
(e) The value of the historic district as an area of unique interest and character shall not be
impaired.
5. Historic Landmarks.
In determining the recommendation to be presented to the Building Official administration
concerning the issuing of a permit for the construction, reconstruction, alteration, restoration,
relocation, demolition, or razing of all or part of any designated historic landmark, the
Commission shall consider those considerations which gave rise to the original request for the
designation of the place as a historic landmark as well as the following matters:
(a) The effect of the proposed change upon the historic, architectural, or cultural nature of
the landmark.
(b) The appropriateness of exterior architectural features, including parking and loading
spaces, which can be seen from a public street, alley, or walkway.
(c) The general design, arrangement, texture, material, and color of the building or structure
site and the similarity, contrast, or other relation of such factors to other landmarks built at or
during the same period, as well as the uniqueness of such features, considering the remaining
examples of architectural, historical, and cultural values.
(d) Signs which are not consistent with the character of the historic landmark shall not be
permitted.
(e) The value of the historic landmark as a place of unique interest or character shall not be
impaired.
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28.8 Commission Action Concerning Application for Permit
1. Meetings of the Commission
Upon receipt from the Building Official by the Commission of the application for a building
permit for the construction, reconstruction, alteration, restoration, relocation, demolition, or
razing of a building or buildings in this historic district or historic landmark, the Commission
shall schedule a meeting to consider the recommendation which the Commission will give to the
Building Official. The person applying for the permit shall be advised of the time and place of
said meeting and invited to appear to explain his reasons. The Commission may invite such other
persons or groups as it desires to attend its meetings. The Commission may hold any additional
meetings it considers necessary to carry out its responsibilities as enumerated in this Section.
2. The Commission, after the meeting in accordance with this Section and after the making of
any changes in the plans and specifications as provided in this Section, shall submit to the
Building Official, in writing, its recommendation concerning the issuance of a permit for the
construction, reconstruction, alteration, restoration, relocation, demolition or razing of all or a
part of any building within the historic district or historic landmark. The written report shall
include the opinion and recommendation of the Commission as stated in subparagraphs (g) and
(h) of this paragraph and may include all or any part of the matters stated in subparagraphs (a)
through (f) of this paragraph.
(a) The exact location of the area or place in which the work is to be done.
(b) The exterior changes to be made or the exterior character of the structure to be erected.
(c) A list of surrounding structures with their general exterior characteristics.
(d) The effect of the proposed change upon the general historic and architectural nature of
the district or landmark.
(e) The, appropriateness of exterior architectural features which can be seen from a public
street, alley, trail, or walkway.
(f) The general design, arrangement, texture, material, and color of the building or structure
and the relation of such factors to similar features of buildings or structures in a district, or to the
general period of construction in a district or landmark.
(g) The opinion of the Commission, including any dissent, as to the appropriateness of the
work proposed as it will preserve or destroy the historic aspect and nature of the district or
landmark.
(h) The specific recommendation of the Commission.
3. Meetings Of The Commission
Upon receipt from the Building Official by the Commission of the application for a building
permit for the construction, reconstruction, alteration, restoration, relocation, demolition, or
razing of a building or buildings in this historic district or historic landmark, the Commission
shall schedule a meeting to consider the recommendation which the Commission will give to the
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Building Official. The person applying for the permit shall be advised of the time and place of
said meeting and invited to appear to explain his reasons. The Commission may invite such other
persons or groups as it desires to attend its meetings. The Commission may hold any additional
meetings it considers necessary to carry out its responsibilities as enumerated in this Section.
4. Action by the Building Official
The recommendation of the Commission shall be binding upon the Building Official, and upon
receipt of the report of the Commission, the Building Official shall within ten (10) days notify
the applicant in writing of the approval, conditional approval, or disapproval of the application,
and shall provide a copy to the Commission.
5. Appeal from action of the Commission Concerning Applications for Permits
An applicant for permit dissatisfied with the action of the Commission relating to issuance or
denial of a permit for the construction, reconstruction, alteration, restoration, relocation,
demolition, or razing of a building in the historic district shall have the right of appeal to the City
Council within fifteen (15) days after receipt of notification of such action. The applicant shall be
advised by the City Secretary of the time and place of the hearing at which his appeal will be
considered and shall have the right to attend and be heard as to his reasons for filing the same. In
determining whether or not to certify to the appropriateness of the proposed construction,
reconstruction, alteration, restoration, relocation, demolition, or razing of all or a part of any
building within the historic district, the City council shall consider the same factors as the
Commission set forth in Subsection 28.9 of this Section and the report of the Commission and
any other matters presented at the hearing on the appeal. If the City Council disapproves the
application by a majority of the members voting, it shall direct the Building Official not to issue
such permit. Such disapproval may indicate what changes in the plans and specifications would
meet the conditions for protecting the distinctive historical character of the district.
6. Duties of the Building Official
Upon receipt of the action of the City Council, the Building Official shall forthwith so advise the
applicant and the Commission.
7. Reapplication for Building Permit
In the case of an application's disapproval by the City Council, the application shall not be
resubmitted for consideration until one (1) year has elapsed from the date of disapproval unless
the indicated changes in the plans and specifications required to meet the conditions for
protecting the district or landmark have been incorporated into the reapplication.
28.9 Violations; Penalties
It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, relocate,
restore, demolish, raze, or maintain any building, structure, accessory building, fence, or other
appurtenance in a historic district or historic landmark in violation of the provisions of this
Section; and proper City officials, or their duly authorized representatives, in addition to other
remedies, may institute any appropriate action or proceedings to prevent such unlawful
11
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construction, reconstruction, structural alteration, remodeling, renovation, restoration, relocation,
demolition, razing, or maintenance, to restrain, correct, or abate such violation, to prevent any
illegal act, conduct, business, or maintenance in and about such premises. Each day such
violation continues shall constitute a separate offense.
28.10 Partial Tax Exemption for Historically Designated Sites
1. Definition - As used in this subsection, "Historic Site" means a property designated as a
historic landmark or within a historic district in need of tax relief to encourage its preservation.
2. Granting of Exemption - The City Council shall, by ordinance, concurrent with the levy of
taxes for each year, approve for partial exemption from ad valorem taxes certain historically
significant sites in need of tax relief to encourage their preservation.
3. Partial Exemptions - Historic Sites approved for exemption by ordinance pursuant to the
provisions of this subsection shall have an exemption of seventy-five percent (75%) of the
assessed value of the structure and the land. These exemptions may be applied to both residential
and commercial property.
4. Application - For each assessment year for which the owner of property designated a Historic
Site desires such property to be partially tax exempt pursuant to provisions of this subsection, the
owner shall file with the Historic Preservation Commission a sworn application, not later than
April 1, setting forth the fact that the requirements of paragraph (5) of this subsection concerning
the preservation and maintenance of the subject structure were being fully satisfied as of January
1 of the year for which application for exemption is being sought. Application forms are to be
available at the office of the City Tax Assessor -Collector. The application shall affirmatively set
forth the owner's authorization for members of the Historic Preservation Commission to visit and
inspect the historic property as well as examine the books and records as necessary to certify
whether or not the property was being preserved and maintained as required by paragraph (5) of
this subsection and to determine what new construction or modifications have been completed.
5. Certification - Upon receipt of the sworn application, the Historic Preservation Commission
shall cause an inspection of the historic property to be made and review the books and records as
to whether or not the historic property is being preserved and maintained in accordance with this
paragraph (5) as of January 1 of that year and shall certify the facts to the City Tax Assessor -
Collector not later than April 30, along with the Commission's recommendation for approval or
disapproval of the application for exemption. The Historic Preservation Commission shall note
on the application form any new construction or modification which has been accomplished in
accordance with the restrictions placed on the structure by this Section.
The following items shall be used in determining whether a Historic Site has been maintained in
accordance with minimum property, structural, and health standards:
(a) Any well, cesspool, or cistern shall be securely covered or closed;
(b) Dead trees and tree limbs that are reasonably capable of causing injury to a person shall
be removed;
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(c) Any structure or portion of a structure which is vacant shall be securely closed so as to
prevent unauthorized entry;
(d) Paint or other coatings shall be applied at reasonable intervals so as to protect the exterior
surfaces of a structure which are subject to decay;
(e) The exterior grounds shall be maintained free of excessive rubbish, garbage, junk, or
refuse;
(f) Screens and shutters existing at the time of historic designation or added subsequent
thereto shall be maintained in good repair;
(g) Broken windows shall be replaced or reglazed;
(h) Exterior doors and doorways shall be maintained in good repair and operable condition;
(i) Skirting around the structure, if any, shall be maintained in good repair;
6) Porch flooring and supports shall be maintained in a sound condition, capable of bearing
an imposed load safely;
(k) Railings and handrails of exterior stairs, steps, balconies, porches and other exterior
features shall be maintained in a sound condition so as to afford safety;
(1) Rotted exterior wood shall be replaced and repainted;
(m) Broken or partially missing gutters or downspouts shall be replaced or repaired.
(n) Loose bricks or stones in the exterior of a structure shall be reestablished or replaced and
all joints weatherproofed by proper maintenance of painting;
(o) Fences and the exteriors of accessory buildings shall be maintained in reasonable repair,
including painting if applicable.
6. Tax Assessment of Historic Sites and Determination of the Land Reasonably Necessary for
Access and Use Thereof - The City Tax Assessor -Collector shall determine that portion of land
which is reasonably necessary for access to and use of those historic structures for which
applications for approval of exemptions are pending, and shall assess for taxation all such excess
land in the same equal and uniform manner as all other taxable properties in the City. The
determination of the City Tax Assessor -Collector shall be final with respect to the amount of
land reasonably necessary for access to and use of the historic structure for which tax exemption
is sought.
The City Tax Assessor -Collector shall, not later than June 1 of each year or as soon thereafter as
is practicable and prior to the levy of taxes for the current year, forward the application for tax
exemption to the City Council after having indicated thereon the assessed values of the historic
structure and land necessary for access to and use thereof and the assessed value of the land
determined to be in excess of that necessary for access to and use thereof.
Sanger Code of Ordinances
7. Rendition and Assessment of Historic Sites for Ad Valorem Taxation - The provisions of this
subsection pertaining to partial exemption of historic properties do not change the provision of
any other section of the City Code pertaining to taxation, and the applicant's properties shall be
rendered and assessed in the same manner as any other property in the event the City Council
elects to disapprove the application for exemption.
8. Additional Tax - Each year during which the historic site is granted a tax exemption pursuant
to provisions of this subsection, the Tax Assessor -Collector shall note on his records the
assessments which would have been made had the property not qualified for tax exempt status
under this subsection that it is no longer a Historic Site due to failure to comply with this
subsection, the property shall be subject to an additional tax, the difference between the taxes
paid or payable, under the provisions of this section, and the amount of tax which would have
been payable for the preceding three (3) years had the property not been approved for tax
exemption under this subsection, or for a lesser number of years, if any, during which such land
has been exempt. Taxes provided by this subsection shall be due and payable at once and if not
paid within ninety (90) days thereafter, shall be deemed delinquent and shall be subject to the
same penalty and interest as other taxes for each such year.
28.11 Exemptions from Provisions of this Section
Ordinary repair or maintenance, including minor damage such as a broken window caused by
natural causes or accidents, which does not involve changes in architectural and historic value,
style, or general design, color, or appearance is exempt from the provisions of this section."
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. That any person, firm or corporation violating any of the provisions or terms
of this ordinance, or the Comprehensive Zoning Ordinance as amended hereby, shall be subject
to the same penalty as provided for in the Comprehensive Zoning Ordinance and upon
Sanger Code of Ordinances
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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 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 by the City Council of the City of
Sanger, Texas, on this day of 2007.
APPROVED:
Joe Higgs, Mayor
ATTEST:
Rosalie Chavez, City Secretary
APPROVED AS TO FORM:
City Attorney
(RLD/6-14-07/17545)
Sanger Code of Ordinances
ORDINANCE
AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE BY REPEALING AND REPLACING THE
EXISTING SECTION 28 "H" HISTORIC DISTRICT AND HISTORIC
PRESERVATION; 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
Sanger Code of Ordinances
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