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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 -/'>~ ~---✓~~~ . . ,.._, ~ ~I ------.__ ~-. ~