03/06/2008-PZ-Agenda Packet-RegularAGENDA
PLANNING AND ZONING
THURSDAY, MARCH 6, 2008
7:00 P.M.
201BOLIVAR
l. Call Meeting to Order.
2.
3.
4.
s.
6.
7.
8.
9.
Minutes: January 17, 2008
Conduct Public Hearing on a Replat of Lot l, Block A, Gaffke Replat. Being a Replat
of Lots 1-8, Block l, Lots 1-7, Original Towasite of Saager.
Consider and Possible Action Regarding a Replat of Lot l, Block A, Gaffke Replat.
Being a Replat of Lots 1-8, Block l, Lots 1-7, Original Towasite of Saager.
Conduct Public Hearing to Consider a Zoning Change Request From Agriculture to
Planned Development (PD) on Property Legally Described as N.L. Hobbs Block l, Lot
SRI and SR2. Property is Located on Marion Road.
Consider and Possible Action Regarding a Zoning Change Request From Agriculture
to Planned Development (PD) on Property Legally Described as N.L Hobbs Block l,
Lot SRI and SR2. Property is Located on Marion Road.
Conduct Public Hearing to Consider Amendments to the Comprehensive Zoning
Ordinance.
Consider and Possible Action Regarding Amendments to Chapter 14, Article 41,
Section 41.l of the Comprehensive Zoning Ordinance. (Zoning Board of Adjustment)
Consider and Possible Action Regarding Amendments to Chapter 14, Section 34, of the
Comprehensive Zoning Ordinance. (Accessory Building Regulations)
10.
11.
This facility is wheelchair accessible and accessible parking spaces are available. Requests for
accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the
City Secretary's office at (940) 458-7930 for further information.
MINUTES: PLANNING AND WNING
JANUARY 17, 2008
MEMBERS
PRESENT: Gary Bilyeu, Glenn Jensen, Russell Martin, Shelley Ruland, Kay Van Rauen
ABSENT: Paul Edleman, Brian Hutchenon
OTHERS
PRESENT: Engineering Coordinator Samantha Renz
1. Gary Bilyeu Called Meeting to Order.
2. Minutes: November 8, 2007
November 1S, 2007
SheUey Ruland indicated she was not present at the November 15, 2007 meeting.
RusseU Martin moved to approve the minutes as corrected. SheUey Ruland seconded.
Motion carried unanimously.
3. Consider and Possible Action on a Preliminary Plat for O'Reilly Addition, Lot 1 Block
1, Being 0.620 Acres of Land out of the Henry Tierwester Survey, Abstract 21.
Property is Located on Chapman Drive.
Discussed location of entrances.
RusseU Martin moved to approve the Preliminary Plat for O'Reilly Addition. Kay
VanHauen seconded. Motion carried unanimously.
4. Consider and Possible Action on a Final Plat for _O'Reilly Addition, Lot 1 Block 1,
Being 0.620 Acres of Land out of the Henry Tierwester Survey, Abstract 21. Property
is Located on Chapman Drive.
Shelley Ruland moved to approve the Final Plat for O'Reilly Addition. RusseU Martin
seconded. Motion carried unanimously.
S. Conduct Public Hearing to Consider Amendments to Chapter 10, Section S "Genenl
Plat Requirements" and Section 6 "Improvements".
Public Hearing Opened.
No Discussion.
Public Hearing Closed.
6. Consider and Possible Action Regarding Amendments to Chapter 10, Section S
"General Plat Requirements" and Section 6 "Improvements".
Gary Bilyeu indicated these changes stemmed from the Sanger Ranch project. This is
the only ordinance they would like to see frozen. These are staffs recommended
changes.
Discussed major changes were addition of construction standards for alleys, gated
communities, private streets, drainage and sidewalk widths.
Gary Bilyeu indicated the project will have a minimum of 150 acres of green space,
ponds, etc; therefore drainage is a big issue.
Shelley indicated the lot size description was unclear, and that it did not coincide with
any zoning category.
Discussion followed and commission recommended removal of 5.04 A and 5.04 B.
Samantha Renz, Engineering Coordinator, suggested in Section 6.07 G to change the
word "encouraged" to "required" and to remove "where feasible".
Discussed parks.
Rnssell moved to approve the Amendments to Chapter 10, Section S "General Plat
Requirements" and Section 6 "Improvements" with the exception of 5.04 B & c beign
deleted and in Section 6.07 G to change the word "encouraged" to "required" and to
remove "where feasible". Shelley Ruland seconded. Motion carried unanimously.
7. Meeting Adjourned.
PLANNING AND ZONING COMMISSION
AGENDA BRIEFING
Meeting Date: 03-06/08 Prepared Robert Woods, P.E.
by: Samantha Renz
Subject: Gaffke Replat
STAFF REVIEW COMMENTS:
Zoning: This property is currently zoned Industrial 2 (1-2) with an SUP for the
proposed business (organic fertilizer)
SUMMARY:
The proposed plat appears to satisfy the platting standards contained within the
Code of Ordinances of the City of Sanger.
This is basically a formality in order to combine all of the lo1s of record into one lot of
record.
TENTATIVE SCHEDULE:
Planning&
Zoning March 6, 2008
Commission:
City Council: March 17, 2008
RECOMMENDATION:
Staff reoommends approval of the Gaffke Replat.
Plea.~ 0r:~ pl d-S'-tn+ w / f rt,111 ·oas
p4.chlS-
PLANNING AND ZONING COMMISSION
AGENDA BRIEFING
Meeting Date: 03-06/08 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
into to pull the pennit to construd the next set of buildings, and was told 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.
TENTATIVE SCHEDULE:
Planning&
Zoning March 6, 2008
Commission:
City Council: March 17, 2008
RECOMMENDATION:
Staff recommends approval.
ORDINANCE# -----
AN ORDINANCE PROVIDING FOR THE AMENDMENT TO THE CENTRAL
WNING MAP OF THE CITY OF SANGER, TEXAS, AND PROVIDING FOR A
WNING CHANGE AND AWNING CLASSIFICATION FROM AGRICULTURE (AG)
TO A PLANNED DEVEWPMENT OR "PD" WNING CLASSIFICATION
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 SR2
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 S. Any person, firm, or corporation who shall violate any of the provisions of
1
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
2
"EXHIBIT A"
A Planned Development in Sanger, Texas
Owner: S & T Rentals
Agent: Steve Koch
7020 Hunnington
Sanger, Texas 76266
(940) 391-7282
3
LOCATION:
The area to be re-zoned is approximately 6.0 acres, located along the East side of Marion Road.
Slmje(:t Property
CURRENT ZONING:
The 6.0 acre tract currently contains one zoning classification:
1. 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.
4
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 5R2 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.
Sanitan Sewer
Sanitary Sewer will be supplied by the City of Sanger via a Lift Station already purchased and
installed at the expense ofS&T rentals.
Drainage
In place as required by the City of Sanger.
Traffic 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 82 (Business 2)
Landscaping
Landscaping installed per City of Sanger regulations.
5
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.
Variances Required {compare to Zoning Industrial n:
No Variances Requested.
Variances Required {compare to Multi-Family 2):
No Variances Requested.
6
City of Sanger
P&Z AGENDA ITEM
AGENDA TYPE ~ Regular LJ Special LJ Consent Reviewed by Finance LJ Yes
0 Workshop O Executive O Public Hearing Reviewed by Legal U Yes
Council Meeting Date: Submitted By:
March 6, 2007 Samantha Renz
City Manager Reviewed/ Approval Initials Date
ACTION REQUESTED: ~ORDINANCE# 0 RESOLUTION#
~ Not Applicable
LJ Not Applicable
~APPROVAL
0 CHANGE ORDER •AGREEMENT 0 APPROVAL OF BID 0 AWARD OF CONTRACT
0 CONSENSUS •OTHER
AGENDA CAPTION
7. Conduct Public Hearing to Consider Amendments to the Comprehensive Zoning
Ordinance.
8. Consider and Possible Action Regarding Amendments to Chapter 14, Article 41, Section
41.1 of the Comprehensive Zoning Ordinance. (Zoning Board of Adjustment)
9. Consider and Possible Action Regarding Amendments to Chapter 14, Section 34, of the
Comprehensive Zoning Ordinance. (Accessory Building Regulations)
BACKGROUND/SUMMARY OF ITEM
The Required Public Hearing is for both of the ordinance amendments. I have attached the email from
Mike Brice, the City Manager concerning the Accessory Building ordinance.
The Board of Adjustments Ordinance basically aligns the regulations in the zoning ordinance for
members and number for a quorum to the Home Rule Charter regulations.
STAFF OPTIONS & RECOMMENDATION
Staff Recommends Approval
List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other
Agencies:
Proposed amendments to Accessory Buildings,
memo, and BOA ordinance
ORDINANCE# ---
THAT CHAPTER 14, SECTION 41 WNING 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 term of any member whose term 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 41.100 ( 4. "Meetings''), of the Code of
Ordinances, City of Sanger, Texas, is hereby amended to read as follows:
"4. M~: 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
or alternate members of the Board."
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_.D., 2008, by the City Council of the City of Sanger, Denton County,
Texas.
APPROVED:
Joe mas, Mayor
ATTEST:
Rosalie Chava, City Secretary
Samantha Renz
From: Mike Brice [mbrice@sangertexas.org]
Sent: Tuesday, February 26, 2008 3:00 PM
To: srenz@sangertexas.org
Subject: accessory building ordinance
Sam
Please forward to P&Z members.
Two issues have recently come up that have caused us to take a look at the accessory building ordinance. The
first was a church located in a 83 zoning district that wanted to install an accessory building. The problem here
is the building would have to be bricked under the metal building ordinance. Since churches can be in any
zoning district, this places and undue burden on churches in business districts. The second issue arose when
another church approached us about adding one or two accessory buildings. They are in an agricultural district
and have indicated that they want to install several accessory buildings because it is cheaper than building.
Under the Ag district they can cover up to 50% of their property in accessory buildings. In reviewing the
ordinance we found several other holes that need to be addressed as well.
The areas highlighted reflect the major changes in the ordinance. I would appreciate it if you would take a
critical look at it to help us address any other pitfalls or loopholes. It will be on your 3/6 agenda for
consideration and discussion. I will also be discussing it with the Council at the 3/3 work session. I will forward
you their revisions if there are any.
Thanks
Mike Brice, City Manager
ongen
*'l'BXAS
03/02/2008
SECTION34
ACCESSORY BUILDING REGULATIONS
34.1 In a residential or apartment district, an ~-building is a subordinate building exceeding one
hundred twenty (120) square feet of floor'"'are , atml!llai~"to .. or detached from the main building.
Accessory buildings shall have no sleepi refs,J>athroom p ~ g (eMeept fer haRd siRk&J or kitchen
facilities, shall not be used for commercial pu sfshall not be rented and shall not be occupied. A
permanent or portable carport is
4
~ed ~ --......... ry building. The regulations detailed in
Sections 34.3 through 34.5 below-shall g""°1~uil~1°.ind structures accessory to single-family, two-
family and multi-family resi entiar'tlses; ioclu lnJtoo&l.01~ those attached to and those detached from the
main building. Where multiple ry 1ts11ctu1»5 exist on the same site, the combined sum of all __,
accessory structures s all ~e,.a.a!!l;•;,..e e regulations applicable to size.
34.2 In other districts, an accessar...ai1ui1 · is a subordinate building, the use of which is incidental to
and used only in conjunction with the main building and attached to or detached from the main
1
~uilding. Accessory buildings shall have no sleeping areas, bathroom plumbing (eaept fer haAd slRk&J
or kitchen facilities, shall not be accessible to the general public, and shall not be rented, leased or subl
\et. A permanent or portable carport is also considered an accessory building. The regulations detailed in
Sections 34.3 and 34.5 below shall govern buildings and structures accessor.y to the main building}
including both those attached to and those detached from the main buildi~ ~
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 b'uildings, 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.
34.5 Maximum number and size of accessor.y buildin@:
a. In agricultural districts accessory buildings shall not exceed 30% of the square footage of the lotl
I •
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 nd
base shall the gross area of the lot covered exceed the limitations ~rovided under the s~ecifi~
~oning districtsl
~-In industrial districts the total square footage of all accessory buildings shall not exceed 30% of
the square footage of the lot. Warehouses in industrial districts are not considered acceSSOrY
~uildings! · ·
Un districts other than agricultural, Industrial and residential the gross floor area of accesso~
buildings shall not exceed 30% of the square footage of the main building or 3000 square feet
r'hichever 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
Lnder the specific zoning districts. The total square footage of all accesso!'}f buildings shall not
~xceed the square footage of the main buildingj
e. lchurches regardless of the zoning district may """ha_v_e_n_o_m_o_r_e_t-ha_n_tw_o_a_cc_e_s_so_ry ___ b_u"""ild"""ings--. -T.--.he
total gross floor area of all accessory buildings shall not exceed 309' of the square footage of th~
lnain building or 3000 square feet whichever is more. Accessory buildings utilized by churche~
lnay be exempted from the requirements of Chapter 3 (Building Regulations), Section 3.17 (Use pt Metal Buildin8$ Restricted) if aP.P.roved by the P.lanning and zoning commission and clW.
councill ' --~---:"'"---~~------~-----:--~~--:------"!"""!""---:-, f. Schools regardless of zoning district may utilize accessory buildings only as approved by the
~lanning and zoning commission and city council[!Accessory buildings utilized by may ~
~xempted from the requirements of Chapter 3 (Building Regulations), Section 3.17 (Use of Metal
Buildings Restricted) if aP.P.roved b~ the planning and zoning commission and ci!Y councilJ
-/'>~
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