04/10/2008-PZ-Agenda Packet-Regular1. Call Meeting to Order.
AGENDA
PLANNING AND ZONING
THURSDAY, APRIL 10, 2008
7:00 P.M.
201 BOLIVAR
2. Minutes: March 20, 2008
3. Conduct Public Hearing to Consider a Zoning Change Request From Agriculture to
Planned Development (PD) on Property Legally Described as N.L. Hobbs Block 1, Lot
SRI and SR2. Property is Located on Marion Road.
4. Consider and Possible Action Regarding a Zoning Change Request From Agriculture
to Planned Development (PD) on Property Legally Described as N.L. Hobbs Block 1,
Lot SRI and 5R2. Property is Located on Marion Road.
5. Conduct Public Hearing to Consider a Zoning Change Request from Agriculture (AG)
to Industrial 1 (1-1) on Property Legally Described as Abstnct 725 S.F. Lynell Survey,
Tnct 14A, Being 44.3076 Acres, and Abstnct 725 S.F. Lynell Survey, Tnet 13A, Being
15.6924 Acres, and Abstnct 1066 Jose Ruiz Sarvey, Tnct 12, Being 48.004 Acres, and
a Portion of Abstnct 1066 Jose Ruiz Sarvey, Tnct 12A, Being 146.999 Acres Save and
Except a 5 Acre Portion to be Zoned Residential. This Property Is located South of
Chisam Road, East of Interstate 35 and West of the Railroad Tneks.
6. Consider and Possible Action Regarding a Zoning Change Request from Agriculture
{AG) to Industrial 1 (1-1) on Property Legally Described as Abstract 725 S.F. Lynell
Survey, Tnct 14A, Being 44.3076 Acres, and Abstnct 725 S.F. Lynell Sarvey, Tnct
13A, Being 15.6924 Acres, and Abstnct 1066 Jose Ruiz Sarvey, Tnct 12, Being 48.004
Acres, and a Portion of Abstnct 1066 Jose Ruiz Survey, Tnct 12A, Being 146.999
Acres Save and Except a 5 Acre Portion to be Zoned Residential. This Property Is
located South of Chisam Road, East of Intentate 35 and West of the Railroad Tncks.
7. Conduct Public Hearing to Consider a Zoning Change Request from Agriealtare(AG)
to Single Family 7-E (SF-7E) on Property Legally Described as a Five Acre Portion of
Abstnct 1066 Jose Ruiz Sarvey, Tnct 12A, Being 146.999 Acres. Property is Located
South of Chisam Road and West of the Railroad Tnets.
8. Consider and Possible Action Regarding a Zoning Change Request from Agriculture
{AG) to Single Family 7-E (SF-7E) on Property Legally Described u a Five Acre
Portion of Abstnct 1066 Jose Ruiz Survey, Tnct 12A, Being 146.999 Acres. Property
is Located South of Chisam Road and West of the Railroad Tnets.
9. Consider and Possible Action Regarding a Preliminary Plat for Chisam Road Estates,
Phase one-A Lot 33, Lot 34R-l, Lot 34R-2 & Lot 35R, Block I.Property is Located on
the Corner of Chisam Road and Intentate 35.
10. Conduct Public Hearing to Consider a Final Plat of Chisam Road Estates Phase One-A
Lot 34R-1, Lot 34R-2 and Lot 35R, Block 1. Being a Replat of Lots 34 and 35, Block 1,
Chisam Road Estates, Phase One-A. Property is Located on the Corner of Chisam
Road and lntentate 35.
11. Consider and Possible Action Regarding a Final Plat of Chisam Road Estates Phase
One-A Lot 34R-1, Lot 34R-2 and Lot 3SR, Block 1. Being a Replat of Lots 34 and 35,
Block 1, Chisam Road Estates, Phase One-A. Property is Located on the Corner of
Chisam Road and Intentate 35.
12. Conduct Public Hearing to Consider Amendments to the Comprehensive Zoning
Ordinance and the Subdivision Regulations.
13. Consider and Possible Action Regarding Amendments to Chapter 14, Article 41,
Section 41.1 of the Comprehensive Zoning Ordinance. (Zoning Board of Adjustment)
14. Consider and Possible Action Regarding Amendments to Chapter 14, Section 34, of the
Comprehensive Zoning Ordinance. (Accessory Building Regulations)
Thi fl ·1· . h I h . 0 bl d 1
'""'1W\\\\'. parkin ·tab) D ~ s aca aty as w ee c aar accessa e an access101e g spaces are avaa e. n.equests ,or
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
MARCH 20, 2008
MEMBERS
PRESENT: Gary Bilyeu, Glenn Jensen, Russell Martin, Kay Van Rauen, Skip Lindoholm
ABSENT: Brian Hutchenon, Shelley Ruland
OTHERS
PRESENT: Engineering Coordinator Samantha Renz, City Engineer Rob Woods,
Katherine Raum, Stephanie Weisner
1. Gary Bilyeu Called Meeting to Order.
2. Minutes: January 17, 2N8
3. Conduct Public Hearing to Consider a Specific Use Permit for Pharmacy and Medical
Equipment Sales and Distribution on Property Legally Described as Utility Park, Block
1, Lot 3. Property is Located at 808 Utility Road.
Public Hearing Opened.
Katherine Raum, 808 Utility Road, spoke in favor of the request. She indicated the
owner of the company is a Consider and Possible Action Regarding a in Arlington and
that he started dais business to service his own companies. He has assisted living
facilities in the metrople:1. They do have occasio..i walk-ins, but they mainly focus on
medical equipment delivery.
Glenn Jensen asked if daere would be a retail store front for dae dunble medical
equipment.
Ms. Raum indicated that 98% of there business is home delivery.
Public Hearing Closed.
4. Consider and Possible Action Regarding a Specific Use Permit for Pharmacy and
Medical Equipment Sales and Distribution on Property Legally Described as Utility
Park, Block 1, Lot 3. Property is Located at 808 Utility Road.·
Chairpenon Gary Bilyen indicated the business is currently openting at dais location,
they are trying to come into compliance with City regulations.
Russell Martin moved to approve dae Specific Use Permit for Pharmacy and Medical
Equipment Sales and Distribution on Property Legally Described as Utility Park, Block
1, Lot 3. Kay Van Hauen seconded the motion. Motion carried unanimously.
S. Conduct Public Hearing to Consider a Specific Use Permit for Retail Sales in an
Industrial 1 (1-1) Zoning District on Property Legally Described as Pate Addition Lot
3. Property is Located at 708 gdi Street.
Public Hearing Opened.
No Discussion.
Public Hearing Closed.
6. Consider and Possible Action Regarding a Specific Use Permit for Retail Sales in an
Industrial 1 (1-1) Zoning District on Property Legally Described as Pate Addition Lot
3. Property is Located at 708 s• Street.
Brief Discussion reagnling the business and the location.
RusseU Martin moved to approve the Specific Use Permit for Retail Sales in an
Industrial 1 (1-1) Zoning District on Property Legally Descn"bed as Pate Addition Lot
3. Property is Located at 708 s• Street. Kay Van Rauen seconded. Motion carried
unanimously.
7. Conduct Public Hearing on a Replat of Lot 1, Block A, Gaffke Replat. Being a Replat
of Lots 1-8, Block 1, Lots 1-7, Original Townsite of Sanger.
Public Hearing Opened.
No Discussion.
Public Hearing Closed.
8. Consider and Possible Action Regarding a Replat of Lot 1, Block A, Gaffke Replat.
Being a Replat of Lots 1-8, Block 1, Lots 1-7, Original Townsite of Sanger.
Staff indicated this is basically a formality, requested by the city.
Glenn Jensen moved to approve the Replat of Lot 1, Block A, Gaffke Replat. Being a
Replat of Lots 1-8, Block 1, Lots 1-7, Original Towusite of Sanger. Russell Martin
seconded the motion. Motion carried unanimously.
9. Consider and Possible Action on Review of Zoning, Subdivision and Building
Ordinances.
Chairpenon Gary Bilyeu gave a briefbackgro•d of the reasoning behind the changes
in the Aeeessory Building regulations. He asked the Commissionen to look over the
changes as weU as the changes int the subdivision ordinance and submit any comments
to him no later than April 111 for eonsidention on the nen agenda.
Mr. Bilyeu also indicated that the City Council wants to address the City's sign
ordinances. They would like to have representatives frona the eo1DD1ission and the
council review them, he asked if there was a volunteer. Both Kay Van Rauen and
Glenn Jensen volunteered. Glenn indicated he could not do it if they met on
Thundays. Gary indicated he would let them know if they were needed.
Mr. Bilyeu asked Kay if she would submit her comments on the Bed and Breakfast
o~anee for review at the nm meeting.
Discussed which memben would be responsible for review of the different sections of
the Zoning Ordinance.
10. Meeting Adjouned.
ongeh
~BIAS
PLANNING AND ZONING COMMISSION
AGENDA BRIEFING
Meeting Dale: 04-10-08 Prepared
by: Samantha Renz
Subject: Zoning Change -NL Hobbs Block 1, Lots 5R-1 &2
STAFF REVIEW COMMENTS:
Zoning: This property is currently zoned Agriculture (AG)
SUMMARY:
This request is to change the property fonn Agriculture to a Planned Development.
The Planned Development zoning gives the Commission and the Council the ability
to restrict the uses on the property. The original request was for Multi Family and
Industrial zoning; however the planned development limits the uses on the Industrial
to mini storage warehouses. This will prevent any other type of industrial use of the
property.
The property was previously platted and approved for the current uses. In mid
construction, the property was annexed into the City Limits. All property comes into
the City as Agriculture. When Mr. Koch completed the current buildings, he came in
to pull the pennit to construct the next set of buildings, and was tokl he needed a
zoning change. This prompted this request.
Mr. Koch has completed construction of two town home structures, and three mini
storage warehouse structures. He wishes to construct two more town home
structures and no more than nine additional storage buildings. The number of
storage buildings may be less depending on the size of each individual storage unit.
Mr. Koch has already installed a $90,000.00 lift station in order to provide sewer
service to the proposed town homes and surrounding properties.
The proposed ordinance is attached, if approved, any restrictions can be added to
the ordinance.
TENTATIVE SCHEDULE:
Planning&
Zoning April 10, 2008
Commission:
City Council: April 21, 2008
ORDINANCE# ___ _
AN ORDINANCE PROVIDING FOR THE AMENDMENT TO THE CENTRAL
ZONING MAP OF THE CITY OF SANGER, TEXAS, AND PROVIDING FOR A
ZONING CHANGE AND A ZONING CLASSfflCATION FROM AGRICUL TORE (AG)
TO A PLANNED DEVELOPMENT OR "PD" ZONING CLASSfflCATION
SPECIFICALLY DESCRIBED HEREIN; AND PROVIDING FOR IMMEDIATE
EFFECT.
WHEREAS, a Request for Change in Zoning Classification was duly filed with the City of
Sanger, Texas, concerning the hereinafter described property;
WHEREAS, due notice of hearing was made in the time and manner prescribed by law and the
Planning and Zoning Commission of the City of Sanger, Texas, duly covered and conducted a
public hearing for the purpose of assessing a zoning classification change on the hereinafter
described property located in the City of Sanger, Texas; and
WHEREAS, an additional opportunity for all interested persons to be heard was provided by the
City Council of the City of Sanger, Texas, at an open meeting, with proper notice posted;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS:
Section 1. That the legal description of the property zoned herein is generally described
as follows:
N.L HOBBS BLOCK 1, LOT SRI AND 5R2
Section 2. The zoning classification on the hereinabove described property is hereby
changed to "PD", Planned Development Zoning and is restricted to the attached development
plan described as "Exhibit A"
Section 3. All ordinances or parts of ordinances in conflict herewith are, to the extent of
such conflict, hereby repealed.
Section 4. 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 5. Any person, firm, or corporation who shall violate any of the provisions of
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this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance
with the general penalty provision found in Section 1.109 of this Code.
Section 6. 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 ______ _, 2008.
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
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"EXHIBIT A"
A Planned Development in Sanger, Texas
Owner: S & T Rentals
Agent: Steve Koch
7020 Hunnington
Sanger, Texas 76266
(940) 391-7282
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LOCATION:
The area to be re-mned is approximately 6.0 acres, located along the East side of Marion Road.
Simject Property
CURRENT ZONING:
The 6.0 acre tract currently contains one mning classification:
I. Agriculture (AG)
CURRENT USE:
The property is currently platted as 2 Lots, Lot SRI currently has mini storage warehouse units
located on the property. Lot SR2 currently has town homes located on the property.
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ALLOW ABLE USES AND SIZES:
The only allowable use on Lot SRI will be for mini warehouse storage units_ meeting the
Industrial 1 (1-1) requirements in Chapter 14, Section 19 of the City of Sanger's Code of
Ordinances.
The only allowable use for Lot SR2 will be Multi-Family Residential (Town Homes) meeting
the Multi-Family 2 (MF2) requirements in Chapter 14, Section 25 of the City of Sanger's Code
of Ordinances.
INFRASTRUCTURE
Water
Supplied by the Bolivar Water.
Sanitary Sewer
Sanitary Sewer will be supplied by the City of Sanger via a Lift Station already purchased and
installed at the expense of S&T rentals.
Drainage
In place as required by the City of Sanger.
Tnflic and Roads
The area is currently served by Marion Road
The change in zoning will not have a large effect on traffic, being that the proposed allowable
uses are already in place at this location.
Surrounding Uses and Buffering
Adjoining properties are currently zoned AG (Agriculture) and B2 (Business 2)
Landscaping
Landscaping installed per City of Sanger regulations.
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Sipge
Any and all signage will meet the City of Sanger's requirements.
Building Locations
All setbacks will be as per the plat previously approved by the City of Sanger.
Variuces Required (compare to Zoning Industrial 1):
No Variances Requested.
Variances Required (compare to Multi-Family 2}:
No Variances Requested.
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ongeh
*TBIAS
PLANNING AND ZONING COMMISSION
AGENDA BRIEFING
MeetingDlde:
Subject:
STAFF REVIEW COMMENTS:
04-10-08 Ptepared
by:
Zoning Change -Item 5 & 6
Samantha Renz
Zoning: This property is currently zoned Agriculture (AG) and is located South of
Chisam Road between the railroad tracts and Interstate 35.
SUMMARY:
The original request was to change the property fonn Agriculture to a Planned
Development. After review, there were not any circumstances that made a planned
development necessary. They amended the request and are now requesting
Industrial 1 (1-1) zoning.
The request lines up with the comprehensive plan. The future land use map shows
this area as industrial.
The documentation attached was submitted for the planned development; however,
I've included so that the commission can see the property owners intentions for the
property.
TENTATIVE SCHEDULE:
Planning &
Zoning April 10, 2008
Commission:
City Council: April 21, 2008
Subject property
VIEWR
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Planned Development District
255 Acre Tract
City of Sanger, Texas
I. Project Location
The subject tract consists of approximately 255 acres and is located along Interstate
35, south of Chisam Road.
rrr~r JJ£cms ~ Carter Burgess
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Planned Development District
255 Acre Tract
City of Sanger, Texas
II. Land Use Map
The subject tract is not specified under a specific zoning category. Currently, this
portion of property is under an "agricultural" land.
255 AC. TRACT
rm·JJ&CON l!J.:3 Carter Burgess
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Planned Development District
255 Acre Tract
City of Sanger, Texas
Ill. Purpose and Intent
The purpose of the district is to accommodate industrial development in a
manner that is consistent with the goals set forth by the City's Comprehensive
Plan and attract investment to the area.
IV. Applicability
This Ordinance shall apply to all development within the PD boundaries.
Unless otherwise stated herein, all ordinances of the City shall apply to the
development.
V. Land Use
The planned development district provides for single-family residential
development. f
A. Industrial District
General Purpose and Description: This area designation is intended to
accommodate those uses which are of a non-nuisance type located in
relative proximity to residential areas. Development in this district is
limited primarily to certain commercial and industrial uses, such as the
fabrication of materials, specialized manufacturing, and research
institutions.
Permitted Uses: Land uses shall comply with uses permitted for "1-1"
Industrial District in Section 25 of the City of Sanger Zoning Ordinance.
Height Regulations: Height regulations shall comply with "1-1" Industrial
District in Section 25 of the City of Sanger Zoning Ordinance.
Area Regulations: Area regulations shall comply with "1-1" Industrial
District in Section 25 of the City of Sanger Zoning Ordinance.
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Parking Requirements: Parking regulations shall comply with "l-1"
Industrial District in Section 25 of the City of Sanger Zoning Ordinance.
1. Development and Design Standards
Architectural Standards: All buildings shall be designed to meet the
following standards:
Materials: One hundred percent (100%) of each exterior wall
that faces a public street shall be finished with
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Planned Development District
255 Acre Tract
City of Sanger, Texas
brick, stone, synthetic stone, stucco, architectural
Concrete Masonry Unit (CMU), architecturally
finished tilt-wall construction, or architectural metal
panels.
Articulation: No building wall shall extend for a distance greater
than four times the wall's height without having an
offset of at least ten percent ( 10%) of the wall's
height. In addition, each new plane shall extend
for a distance equal to or greater than fifteen
percent ( 15%) of the length of the previous plane.
Off Street Loading: All off street loading areas shall be located
along the rear or side of buildings in order to minimize visibility from
major streets or residential areas.
Screening Requirements: All refuse containers and outside storage
areas shall be screened.
Materials: Screening devices shall be constructed of brick,
stone, synthetic stone, stucco, or other
architectural masonry finish.
Landscaping Requirements:
Perimeter: Three (3) inch caliper trees shall be planted at
forty (40) foot intervals adjacent to all right-of-
ways.
Signage Requirements:
Monument Signs:
a. Each lot shall be limited to one ( 1) monument sign per
street frontage.
b. Height: Maximum height for all monument signs shall be
eight (8) feet.
c. Size: Maximum size for all monument signs shall be sixty
(60) square feet.
Pole Signs: Pole signs shall be strictly prohibited.
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Planned Development District
255 Acre Tract
City of Sanger, Texas
Building Signs: Buildings shall be allowed one (1) building sign
per street frontage.
a. Maximum height for all building signs shall be three (3)
feet.
b. Maximum size for all building signs shall be twelve ( 12)
square feet.
Lighting Standards:
a. The source of light shall not be visible from any adjacent
property having a residential zoning classification.
b. All lighting shall be directed downward or projected on to
buildings, signs, landscaping, sidewalks or parking areas.
Utilities: Unless otherwise authorized by the City, all utilities shall be
located underground.
~-J£CO)BS ~ Carter Burgess
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PLANNING AND ZONING COMMISSION
AGENDA BRIEFING
Meeting Date:
Subject
STAFF REVIEW COMMENTS:
04-10-08 Prepared
by:
Zoning Change -Item 7 & 8
Samantha Renz
Zoning: This property is currently zoned Agriculture (AG) and is located South of
Chisam Road and West. of the railroad tracts.
SUMMARY:
The original request was to change the property form Agriculture to a Planned
Development. After review, there were not any circumstances that made a planned
development necessary. They amended the request and are now requesting Single
Family 7-E (SF-7E) zoning.
The fubJre land use map shows this area as Industrial; however, there is currently a
residential subdivision on Chisam Road. The property across the street shows
planned for residential.
The documentation atlached was submitted for the planned development; however,
I've included it so that the commission can see the property owners intentions for the
property.
TENTATIVE SCHEDULE;
Planning&
Zoning April 10, 2008
Commission:
City Council: April 21, 2008
Subject property
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Planned Development District
7 Acre Tract
City of Sanger, Texas
I. Project Location
I The subject tract consists of approximately 5 acres and is located along Chisam
Road, east of Interstate 35.
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Planned Development District
7 Acre Tract
City of Sanger, Texas
II. Land Use Map
The subject tract is not specified under a specific zoning category. Currently, this
portion of property is under ari "agricultural" land.
rTT':a.JACOBS E!Jl Carter Burgess
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Planned Development District
7 Acre Tract
City of Sanger, Texas
Ill. Purpose and Intent
The purpose of the district is to accommodate single-family residential
development in a manner that is consistent with the goals set forth by the
City's Comprehensive Plan and attract investment to the area.
IV. Applicability
This Ordinance shall apply to all development within the PD boundaries.
Unless otheiwise stated herein, all ordinances of the City shall apply to the
development.
V. Land Use
The planned development district provides for single-family residential
development.
A. Single Family Residential District
General Purpose and Description: The designation is intended primarily
for the development of single-family residential detached dwelling units
and related uses. Variations to the established requirements are designed
to allow a mixture of single-family residential products in order to create a
viable development while allowing a reasonable amount of flexibility to
accommodate ever changing market demands and natural features of the
site.
Permitted Uses: Land use and structures shall comply with uses
permitted for single-family residential districts in Section 30 of the
City of Sanger Zoning Ordinance.
Area Regulations: The following minimum standards shall be required:
Lot Size: Minimum Area: 7,800 square feet
Minimum Width: 65 feet measured from the building line
Minimum Lot Depth: 120 feet
Yard Size: Minimum Front Yard: 25 feet
Minimum Side Yard: 7.5 feet (20 feet on corner
adjacent to side street) m•JACOBS Minimum RearYard-25 feet
Carter Burgess
Dwelling Size: Minimum 1,800 SF with
twenty percent (20%) allowance for minimum of
1,500 square feet
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Planned Development District
7 Acre Tract
City of Sanger, Texas
Lot Coverage:
Parking:
Forty percent ( 40%) maximum by the main building;
Sixty percent (60%) maximum by the main building,
accessory building, driveways and parking
A minimum of two (2) covered, enclosed parking
spaces shall be provided behind the front yard line.
Off-street parking spaces and Loading requirements
shall be provided in Section 32 of the City of Sanger
Zoning Ordinance.
Lot Summary Table
Minimum Minimum Minimum Yard Setbacks Minimum Dwelling
square Width Depth Sf1uare Feet
Feet
Front Side Comer Rear Typical 20%
Allowance
7,800 65' 120' 25' 7.5' 20' 25' 1,800 1,500
m.JACOBS
Carter Burgess
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PLANNING AND ZONING COMMISSION
AGENDA BRIEFING
Meeting Date:
Subject:
STAFF REVIEW COMMENTS:
04-10-08 Prepared Samantha Renz
by: (Plat reviewed by
RobertWoods, P.E.
Chisam Road Estates -Preliminary Plat (Item 9)
Zoning: This property is in the ET J, there is no zoning.
SUMMARY:
The property owner submitted a Replat in order to sell the existing storage buildings.
The buildings and fence were built over the property line. The Replat included a .25
acre area outside of the original plat; therefore that area could not be included in the
replat without preliminary platting the lot that originally contained that .25 aae area.
This preliminary plat was submitted in order to conform to the City's regulations, it is
basically procedural, and approval is required prior to approval of the Replat/Final.
TENTATIVE SCHEDULE:
Plaming&
Zoning April 10, 2008
Commission:
City Council: April 21, 2008
Recommendation:
Staff recommends approval.
PLANNING AND ZONING COMMISSION
AGENDA BRIEFING
04-10-08 Prepared Samantha Renz
by: (Plat reviewed by Robert
Woods,P.E.
Subject: Chisam Road Estates -Final Plat/Replat (Item 10 & 11)
STAFF REVIEW COMMENTS:
Zoning: This property is in the ET J, there is no zoning.
SUMMARY:
The property owner is Replatting in order to sell the existing storage buildings. The
buildings and fence were built over the property line. The Replat included a .25 acre
area outside of the original plat; therefore that area could not be included in the
replat; therefore they submitted a Final Plat that included that portion and the replat
portion.
The Plat meets the City of Sanger's regulations.
TENTATIVE SCHEDULE:
Planning&
Zoning April 10, 2008
Commission:
City Council: April 21, 2008
Recommendation:
Staff recommends approval.
Meeting Dam:
Subject:
PLANNING AND ZONING COMMISSION
AGENDA BRIEFING
04-10-08 Prepared
by: Samantha Renz
Item 12 -Public Hearing
A Public Hearing la required for changes to the Subdivision or Zoning
Ordinances. This Public Hearing is for lt8ms 13, 14 & 15.
Meeting Date:
Subject:
PLANNING AND ZONING COMMISSION
AGENDA BRIEFING
04-10-2008 Ptepalfld
by: Samantha Renz
Board of Adjustments Ordinance
The proposed ordinance is attached. This will make the ordinance match the Home
Rule Charter.
ORDINANCE# ---
THAT CHAPTER 14, SECTION 41 ZONING BOARD OF ADJUSTMENT, ARTICLE
41.1 (2. "Membenhip" and 4. "Meetings"), ORGANIZATION AND PROCEDURE IN
THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS IS HEREBY
AMENDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS:
Section 1. That Chapter 4, Section 41, Article 41.100 (2. "Membership"), of the
Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows:
"2. Membership: The Board shall consist of seven citizens each to be appointed or
reappointed by the City Council, for staggered terms of two years respectively, with terms to
begin on July 1 of the year of appointment Each member of the Board shall be removable for
just cause by City Council upon written charges and after public hearings. Vacancies shall be
filled by the City Council for the unexpired tenn of any member whose tenn becomes vacant.
The Board shall elect its own chairman, who shall serve for a period of two (2) years or until
his successor is elected. The City Council may appoint four (4) alternate members of the
Board who shall serve in the absence of one or more regular members when requested to do
so by the Mayor or City Secretary. Alternate members, when appointed, shall serve for the
same period as regular members and any vacancies shall be filled and alternate members
removed in the same manner as regular members.
The members of the Board shall be identified by place numbers one (1) through seven (7).
The even-numbered places shall expire in the even-numbered years; the odd-numbered
places shall expire in the odd-numbered years. The alternate members of the Board shall be
identified by place numbers one (1) through four (4). The even-numbered places shall expire
in the even-numbered years; the odd-numbered places shall expire in the odd numbered
years.
All regular and all alternate members are to be appointed to place numbers as specified by
the City Council upon adoption of this ordinance."
Section 2. That Chapter 4, Section 41, Article 41. l 00 ( 4. "Meetingsj, of the Code of
Ordinances, City of Sanger, Texas, is hereby amended to read as follows:
"4. Meetings: Meetings of the Board shall be held at the call of the chairman, upon written
petition of three (3) regular members of the Board; and at such other times as the Board may
determine. The chairman or acting chairman may administer oaths and compel the attendance
of witnesses. All meetings, hearings or proceedings shall be heard by at least six ( 6) members
oralternatemembersoftheBoard."
Section 3. All ordinances or parts of ordinances in conflict herewith are, to the extent
of such conflict, hereby repealed.
Section 4. 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 S. Any person, firm, or corporation who shall violate any of the provisions of
this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance
with the general penalty provision found in Section 1.109 of this Code.
Section 6. This ordinance will take effect immediately from and after its passage and
the publication of the caption, as the law and Charter in such cases provide.
DULY PASSED, APPROVED, AND ADOPTED, this the __ day of
_____ A.O., 2008, by the City Council of the City of Sanger, Denton County,
Texas.
APPROVED:
Joe Higgs, Mayor
A'ITEST:
Rosalie Chavez, City Secretary
PLANNING AND ZONING COMMISSION
AGENDA BRIEFING
lleetlng Dale: 04-10-2008 Prepared
by: Samantha Renz
Subject: Accessory Buildings
Attached are the comments received, and here are staffs comments in response:
Comment #1: No ACC building in side yard unless behind complying fence and does
not violate minimum side yard or easement requirements.
Response: The city does not have a mandatory fence requirement in residential
zoning districls. The side yard requirements are outlined in 34.4 (1) b. Are you
wishing to make modifications to this section?
Comment #:2: Can this be tied to maximum square footage like churches?
Response: Agricultural districts may not have main buildings at the time of
permitting for the accessory building. (i.e. barns, equipment storage, stables, etc) Lot
coverage restriction appears to be the most efficient method.
Comment #3: Only leaves 11 and 12?
Response: Industrial is currently shown.
Comment 4: I'm a little uncomfortable with this statement since a church can pretty
much go anywhere this may not be fair to surrounding property owners that would
not receive the same concessions or in residential areas where people do not want to
see a backyard covered up in storage buildings.
Response: The purpose of the statement is to require approval by the P&Z
Commission and the City Council. This gives both groups the ability to detennine on
a case by case basis.
Comment #5: Is there a limit on the number of building less than (120) square feet?
Response: No, there is not a limit, nor does a building less than 120 sq ft require a
pennit.
Comment #6: Are carports considered a part of the '1ront yard"? If so, then they
should be included as the exception.
Response: A carport is addressed under 34.4 (1) d. perhaps we should add to 34.4
( 1) a -.... "with the exception of a garage or carport as outlined in subsection d
below.·
Comment #7 Paragraph "a· sets the limit at 3,000 sq fl; however, paragraph "d"
states 6000 square feel
Response: Paragraph "b• refers to accessory buildings in residential districts.
Paragraph "d• is addressing accessory buildings in districts other than residential,
industrial and agriculbnl.
Comment #8: Paragraph T requires schools to obtain P&Z and Council approval. Is
approval needed for All accessory (portable) buildings?
Response: A pennit is required for ALL accessory buildings, the P&Z and Council
approval is required before a school can have an accessory building. This gives both
groups the ability to grant approval on a case by case basis.
SECTION 34
ACCESSORY BUILDING REGULATIONS
34.1 In a residential or apartment district, an1~:eSJ~~.building Is a subordinate building exceeding one
hundred twenty (120) square feet of floor~e , a -"'to.or detached from the main building.
Accessory buildings shall have no sleepl' l'f5s,bai,oom p -. feM&e,t fer hand sinks) or kitchen
facilities, shall not be used for commercial pu , •shall not be rented and shall not be occupied. A
permanent or portable carport 1s· ~red.an -. ry building. The regulations detailed in
Sections 34.3 through 34.S below shall g~~uil~nd structures accessory to single-family, two-
family and multi-family r · ntlftses, indu I those attached to and those detached from the
main building. Where multiple ,,-ataee!ps exist on the same site, the combined sum of all
accessory structures II ~e e regulations applicable to size.
34.2 In other districts, an ac·.-..c•ctm1..n11i1 g Is a subordinate building, the use of which Is incidental to
and used only In conjunction with the main building ind attached to or detached from the main ·-----------;........--:',.-...;----~--~..:,~ . building. Accessory buildings shall have no sleeping areas, bathroom plumbing fe•e,t fer hand sinks)
pr kitchen facilities, shall not be accessible to the general public, and shall not be rented, leased or suh1
let. A permanent or portable carport is also considered an accessory building. The regulations detailed in
~ions 34.3 and 34.S below shall govern buildings and structures ace~ to the main building]
lndYdiDI both those attached to and those detached from the main building.
34.3 No accessory building shall exceed twenty-five (25) feet in height, nor shall it be greater In height
than the main structure.
34.4 Area Regulation for Accessory Buildings In Residential and Apartment Districts:
1. Size of Yards:
a. Front Yard: Accessory buildings are not allowed within the required front yard.
b. Side Yard: There shall be a side yard not less than eight (8) feet from any side lot line, alley line,
or easement line; except that adjacent to a side street, the side yard shall never be less than twenty (20)
feet.
c. Rear Yard: There shall be a rear yard not less than ten (10) feet from any lot line, alley line, or
easement line. carports, garages, or other accessory buildings, located within the rear portion of a lot as
heretofor described shall not be located nearer than eight (8) feet to any side lot line.
d. Any garage or carport constructed in a residential or apartment district shall be set back not less
than twenty (20) feet from any street or alley line on which It faces.
34,S Mplmum number and size of acce~..!ll!!!s!!!!I!:
~-In agricultural districts accessory buildings shall not ~xceed 30% pf the square footage of the Iott
b. In residential districts the number of accessory buildings shall be limited to two and the total
7quare footage of all accessory buildings combined shall be limited to 3000 square feet. In ~
bse shall the gross area of the lot covered exceed the limitations P-rovided under ~e s~~ i2emg g;str1cts:
· · Comment: No Aa. bulldinl In side
yard unless behlnd~ .. feMeand
does not violate minimum side yard or
NSementreq's.
-· · Comment: Can this be tied to max Sf
lllce chufdles? Just a thought, maybe a
dumbone.O
..
c. In indiis'iiiai districts the total square footage of all accessory buildings shall not exceed 3°" of
7he square footage of tile 1ot1 Warehouses In industrial districts are not considered accessorJ,
buildingsr-
aln ~istrlcts other than agricultural, Industrial and residential the gross floor area of accessory -. . buildings shall not exceed 30% of the square footage of the main building or 3000 square feet ' . y,hlchever is more. In no case shall the total square footage of all accessory buildings excee~
6000 square feet. In no case shall the area of the lot covered exceed the limitations provided
rnder the specific zoning districts. The total square footage of all accessorv buildings shall not
exceed the square footage of the main building,
e. lchurches regardless of the zoning district mayh !---ave--no-m_o_re-tha,,_n_tw_o_acce __ ssory _ _,,,b_ui,,..ld""in_g_s._,,,Th,._~
total gross floor area of all accessory buildings shall not exceed 30% of the square footage of the
f"aln building or 3000 square feet whichever Is more. jAccessory buildings utilized by churc~
may be exempted from the requirements of Chapter 3 (Building Regulations), Section 3.17 (Use pt Metal BulldinP-Restricted) if ap_P.roved by the P.!mwDg and zonin,r commission and c!tY.
fOUncilJ .
f. Schools regardless of zoning district may utilize acce~ buildings only as approved by the
~lanning and zoning commission and city councllGccessorv buildings utilized-\>¥ may be
~xempted from the requirements of Chapter 3 (Building Regulations), Section 3.17 (Use of Metai
~--u!.........,...!a,the~anclZD1in1_a,m-•ncl,;!r,1,--
/-~ ~
--;.._~
~
{ COmment: Onlyleaws 11 & 12?
COmment: I am a little uncomfortable
with this statement. Since a church can
pretty much go aiywhere this may not
be fair to SUITOUncl .. property -rs
that would not recellle the same
concessloRs or In residential ams where
people do not want to see a back yard
covered up In storage bullcliltgs.
Comments I Recommendations for Proposed Ordinances
(Accessory Building)
Accessory Bailding Replations: ..¥.s' • Sect. 34.1. •• definition of accessory building is ... building exceeding (120) sq ft.
Is there a limit on the number of buildings less than (120) sq ft?
JJ,, ~ • Sect. 34.3.1.a "Front Yard" ... Are carports considered a part of the "front yard"?
If so, then they should be included as the exception.
J-1 • Sect. 34.S. "Maximum number of and size of accessory buildings" ... para "a"
sets the limit at 3,000 sq ft. However, para "d" states 6,000 sq ft.
~ 6 • Sect. 34.5. "Maximum number of and size of accessory buildings" ... para "f'
requires schools to obtain P&Z and Council approval. Is approval needed for
ALL accessory (portable) buildings?
lleflting Date:
Subject:
PLANNING AND ZONING COMMISSION
AGENDA BRIEFING
04-10-2008 Prepared
by: Samantha Renz
Subdivision Regulations
I emailed you a oopy of the regulations in case you did not have the hard copy from
the last meeting. We only received three comments on the regulations.
Comment #1: Seel 2 •Definitions• ... numbering of definitions needs correcting.
Response: They have been corrected.
Comment#2: Seel 3 •Purposes, Authority and Jurisdiction• ... para 3.02 ... why is the
subdividing of •agricultural• use exempt if greater than forty (40) acres?
Response: This means that if a lot is over forty acres and used only for agricultural
purposes, they do not have to plat the property in order to sell it. If it is less than 40
acres, they do have to plat the property. This was increased from five acres after staff
consideration. The acreage can be reviewed/changed if the commission wishes.
Comment #3: Seel 4 •Procec1ure• ... para 4.02.F.1 and 5 ... for consistency,
recommend spelling out all of the numbered requirements. (Ex: change "6 folded
prints• to •six (6) folded prints•.)
Response: This has been corrected.
This Ham Is an Action Item under Item #15. We need to take the
NCOmmendatlons to the City Council at the next meeting, so the commission
should take action on the changes at this meeting.