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10/03/2016-CC-Agenda Packet-RegularSWaRgD TEXAS AGENDA CITY COUNCIL REGULAR MEETING MONDAY, October 3, 2016 7:00 PM 502 ELM STREET 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). 3. CONSENT AGENDA a) Approval of Minutes: September 19, 2016 - Regular City Council Meeting b) Disbursements 4. Consider any Items Removed from Consent Agenda. REGULAR AGENDA 5. Conduct a Public Hearing Regarding a Request to Amend the Boundary Between the SF-10 Single -Family Residential District and the TH Townhouse District in Sanger Circle Phase 6. Consider, Discuss, and Possibly Approve Ordinance #10-20-16 to Amend the Boundary Between the SF-10 Single -Family Residential District and TH Townhouse District in Sanger Circle Phase 6. 7. Consider, Discuss, and Possibly Approve the Final Plat of Sanger Circle Phase 6, A 57.08 Acre Tract in the R. Bebee Survey, Located on the West Side of Marion Road, North of Lakepark Drive. 8. Consider, Discuss, and Possibly Approve the Final Plat of Lake Ridge Estates Phase 2, A 5.52 Acre Tract in the R. Bebee Survey, Located North of Waterfront Drive and East of Lake Ridge Drive. 9. Conduct a Public Hearing Regarding A Request to Rezone Approximately 150 Acres Located South of FM 455 (Chapman Drive) and East of Marion Road, and Extending to McReynolds Road on the East Side of Indian Lane, from A Agricultural District to the Following Districts: A. 34.75 Acres to B-2 Business District B. 25.00 Acres to MF-2 Multi Family District C. 35.48 Acres to TH Townhouse District, and D. 52.45 Acres to R-1 Single Family Residential District. 10. Consider, Discuss, and Possibly Approve Ordinance 910-21-16 to Rezone Approximately 150 Acres Located South of FM 455 (Chapman Drive) and East of Marion Road, and Extending to McReynolds Road on the East Side of Indian Lane, from A Agricultural District to the Following Districts: A. 34.75 Acres to B-2 Business District B. 25.00 Acres to MF-2 Multi Family District C. 35.48 Acres to TH Townhouse District, and D 52.45 Acres to R-1 Single Family Residential District. 11. INFORMATION ITEMS: a) Financial and Investment Report — August 2016 b) All American Dogs Report - August 2016 12. ADJOURN. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the general public at all times, and said notice was posted on the following date and time: 2.�)/(p at A.m. and shall remain posted until eeting is adjourned. Cheryl P e, City Secretary City of Sanger, Texas 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: CITY COUNCIL MEETING September 6, 2016 PRESENT: Mayor Thomas Muir, Councilman Lee Allison, Councilman David Clark, Councilman Gary Bilyeu and Councilman Allen Chick ABSENT: Councilman Bill Boutwell OTHERS PRESENT: Mike Brice City Manager, Cheryl Price Deputy City Secretary, Alina Ciocan Director of Economic and Community Development, James Frank Jones, Don Coxsey, Ramon Guerrero 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:02 p.m. Councilman Chicle led the Invocation followed by Councilman Clark leading the Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). James Frank Jones, 3087 Betz Road was recognized and spoke of his neighbor who had not mowed his grass for about a month and a half. The husband asked if he would mow and he asked his wife and she said no. They saw the wife cutting the grass down with a weed eater and his wife felt sorry for her and told him to go ahead and mow. He started to mow it and she started yelling at him to get off of their property that he was trespassing. This upset him so he wanted to know what the requirements are for high grass and weeds. He noted he was annexed into the City. Ramon Guerrero,11493 Jennifer Circle was recognized and wanted to know if there was some way he could have a horse on his property for his grand children. He noted he has been on the property since 1996 and his property was annexed into the City in 2000-2001 and the City Services are not there yet. He noted his roads also have potholes. He said he would like to see services come out to his area. Don Coxsey, 1834 Melinda Myrl was recognized and advised that when it rains the water funnels down the street from the 53 houses in the subdivision to his property. He noted that road has heaved up and the center of the road is an inch above the curb. The curb is an inch above his slab. He is concerned that his property is going to flood. He has been there for eight years and wanted to know if the City could budget to fix the problem and/or possibly address it sometime in the future. CONSENT AGENDA 3. a) Approval of Minutes: September 6, 2016 - Work Session September 6, 2016 - Council Meeting b) Disbursements c) Approve Resolution #R09-07-16 - Authorizing Signatures for Banking Services on Behalf of the City of Sanger, Texas. 4. Consider any Items Removed From Consent Agenda. A Motion was made by Councilman Allison to approve the frill Consent Agenda as presented. Motion was seconded by Councilman Bilyeu. Motion carried unanimously (4-0, Councilman Boutwell absent). REGULAR AGENDA 5. Consider, Discuss and Possibly Approve Ordinance 909-17-16 - Adopting the Budget Providing for the Appropriation of Funds for Operating and Capital Expenditures by Fund for the Fiscal Year Beginning October 1, 2016 and Ending September 30, 2017 and Providing for the Intra and Inter Department Fund Transfers. Mayor Muir noted they have conducted several work, sessions throughout the summer and have held the required public hearings on the Budget, this item is the final step in approval of the Budget for next year. A motion was made by Councilman Bilyeu to approve Ordinance #09-17-16 as presented adopting the 2016-17 Fiscal Year Budget beginning October 1, 2016 and ending September 30, 2017. Motion was seconded by Councilman Chick. Motion carried unanimously (4-0, Councilman Boutwell absent). 6. Consider, Discuss and Possibly Approve Ordinance 909-18-16 — Levying a Tax Rate for the General Government for the Fiscal Year 2016-2017 at a Rate of $0.6795 per $100 Assessed Valuation. Mayor Muir advised this item is to approve the tax rate for 2016-2017 which is $0.6795. It is the same rate as the prior fiscal year's rate. Any increase or decrease in tax amount will be a result of the valuation of the property. A motion was made by Councilman Bilyeu to approve Ordinance #09-18-16 as presented. Motion seconded by Councilman Chick. Motion carried unanimously (4-0, Councilman Boutwell absent). 7. Consider, Discuss and Possibly Approve Ordinance #09-19-16 - Approving the 2016 Tax Roll. Mayor Muir noted there was one digit missing in the Tax Roll amount (the "5" at the end) corrected copies have been distributed to the Council. A motion was made by Councilman Bilyeu to approve Ordinance #09-19-16 approving the 2016 Tax Roll for 2016 as stated in the Ordinance. Motion was seconded by Councilman Chick. Motion carried unanimously (4-0, Councilman Boutwell absent). Mayor Muir advised that they would move Item No. 9 to this point in the Agenda since there may be more discussion on Item No. 8. 9. Consider, Discuss, and Possibly Approve the Minor Plat of the Wallace Addition, 1.0 Acres in the Wm Mason Survey, Located North of Belz Road and West of Metz Road. Joe Iliff, City Planner and Chief Building Official was recognized and provided copies of the plat to Councilmembers. He advised that at the time the packets were sent out they had not made all of the revisions that were requested. The revisions have been made and this is the actual final plat. The Planning and Zoning Commission recommended approval of the plat. This is a one -acre tract on a private road (Seal Lane). He noted that this property is in Denton County and the requirements listed are requirements that Denton County requires on their plat. There was minor discussion on the requirements of Denton County. A motion was made by Councilman Bilyeu to approve the Minor Plat of the Wallace Addition, 1.0 Acres in the Wm Mason Survey, located North of Belz Road and West of Metz Road. Motion was seconded by Councilman Chicle. Motion carried unanimously (4-0, Councilman Boutwell absent). 8. Consider, Discuss, and Possibly Approve Resolution #09-08-16 — Approving and Supporting A Housing Policy Within the City of Sanger, Texas. Mayor Muir advised that they have had been visiting on this for some time in work sessions to plan for the future growth of the City. What we aspire to is that our mix of properties in town continue to add higher end properties to keep our property tax rate from having to excessively increase in the future and, give us a good mix of property types. City Manager Brice advised at the last Council Work Session Council directed staff to come back with a recommendation of percentages for the targeted housing mix. The percentages are similar to what has been discussed in the work sessions and have been modified some. The percentages noted in the proposed Resolution can be modified tonight. Council can vote it with whatever modifications are desired. The proposed percentages in the Resolution are: • Single-family under 1,499 SF 30% • Single-family 1,500 SF-1,999 SFs 30% • Single-family 2,000 + SF 25% • Multi -family 12% • Mobile Homes 3 % Because of the current plats already approved and proposed, it was noted that we are not going to hit the goals we are looking for anytime in near future, but we still need to set a goal. The purpose of this is that there is some guidance from Council to staff and to Planning and Zoning on when someone brings development to us, what the Council wants to see in development. This will give us a start on talking with the developers on what kind of developments we want for the city. The resolution does give some flexibility for unique products, but at the same time creates some consistency. We are currently seeing a lot of developers who want to build apartments and the question is how many more apartments do we want to absorb in our housing mix. Discussion ensued between the Mayor and Councilmembers. Councilman Allison advised that he would like to see these percentages reviewed every year at the beginning of budget time and possibly adjust. City Manager Brice advised that staff could bring the percentages back to revisit every year. He noted the next step is to take this Resolution to the Planning and Zoning Commission and do a work session on it so they understand where the Council is coming from. Councilman Bilyeu agreed that Councilman Allison had a good idea to review the percentages every year. A motion was made by Councilman Bilyeu to approve Resolution No. 09-08-16 as proposed. Motion was seconded by Councilman Chick. Motion carried unanimously (4-0, Councilman Boutwell absent). 10. INFORMATION ITEMS: a) Financial and Investment Report — July 2016 Mayor Muir noted that Internal funds are mostly in alignment, the enterprise funds look like they are a little below on revenues but also look like they are a little below on expenditures and are kind of holding their own. Even with less electricity in the summer and less water. City Manager Brice noted that utilities have really suffered this year. 11. Adjourn. There being no further discussion, Mayor Muir adjourned the meeting at 7:56 p.m. 9/14/2016 2:39 P14 A / P CHECK REGISTER PAGE: 1 PACKET: 08375 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK NAME / I.D. 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I-17763168-6 TEMP EMPLOYEES R 9/21/2016 1,779.60CR 064285 1-17800259-8 TEMP EMPLOYEES R 9/21/2016 192.79CR 064285 1,972.39 13825 FINDAWAY WORLD LLC I-194102 LAUNCHPADS R 9/21/2016 999.000R 064286 I-194156 LAUNCHPADS R 9/21/2016 499.000R 064286 1,498.00 9/21/2016 1:34 PM A / P CHECK REGISTER PACKET: 08383 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 3 CHECK CHECK CHECK CHECK ''DOR NA1-1E / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 16790 FUELMAN I-NP48452140 9/12/16-9/18/16 R 9/21/2016 1,873.27CR 064287 1,873.27 01070 GALLS INC. I-006013314 TR 909 STRYKE PANT 770 R 9/21/2016 149.75CR 064288 I-006017780 TR 909 COY STRYKE PANT 770 R 9/21/2016 63.57CR 064288 213.32 30230 GENERAL TRUCK BODY MFG. COMPANY I-0000015471 PAINT AND BODY WORK R 9/21/2016 23,815.000R 064289 23,815.00 07350 GENTLE'S OIL AND TIRE I-9216 TIRE REPAIR 774 UNIT 412 R 9/21/2016 10.000R 064290 10.00 20300 GREEN EAGLE OVERHEAD DOORS I-1281 REPAIR DOOR R 9/21/2016 199.000R 064291 199.00 30680 JANDA MASON (VA VA VINYL) I-0000087 DECAL NUMBERS FOR WATER TRUCK R 9/21/2016 8.000R 064292 8.00 30330 JM TEST SYSTEMS, INC. I-S419810-IN 35KV MECHANICAL JUMPER CLA14P R 9/21/2016 222.80CR 064293 222.80 1 JUDY SPIRA I-201609216277 CC DEPOSIT REFUND R 9/21/2016 100.000R 064294 100.00 30660 KEEP ALLEN BEAUTIFUL I-09232016-1 WORKSHOP ON 9/23/16 FEES R 9/21/2016 60.00CR 064295 60.00 05400 LEGALSHIELD I-PPLPY 9.16.16 PREPAID LEGAL SERVICES R 9/21/2016 39.35CR 064296 I-PPLPY9.2_16 PREPAID LEGAL SERVICES R 9/21/2016 39.35CR 064296 78.70 '-50 LIONS CLUB I-SEPT 2016 MEMBERSHIP 2016 R 9/21/2016 75.00CR 064297 75.00 01570 LOWE'S COMPANIES, INC. I-36884 DOOR KNOBS R 9/21/2016 42.60CR 064298 42.60 10730 MABAK DIRECTIONAL DRILLING,CORP. I-6265 REPAIR WATER LINE R 9/21/2016 10,850.00CR 064299 10,850.00 05170 NORTHERN SAFETY I-902088537 SAFETY GLASSES R 9/21/2016 1.94CR 94.96CR 064300 94.96 9/21/2016 1:34 P14 A / P CHECK REGISTER PAGE: 4 PACKET: 08383 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK -''NDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NOIJ AMOUNT _4940 NTTA I-793052626 TOLLS R 9/21/2016 39.95CR 064301 I-793618699 PGBT MLP R 9/21/2016 10.88CR 064301 50.83 02970 OFFICE DEPOT I-858390065001 FILE CABINET R 9/21/2016 574.99CR 064302 I-862537843001 OFFICE SUPPLIES R 9/21/2016 121.33CR 064302 I-862537921001 PAPER TOWELS R 9/21/2016 41.99CR 064302 738.31 24820 EDDIE PIERCY - G & E GENERAL CONTRACTORS I-634625 WELDING NEW WALL R 9/21/2016 1,250.00OR 064303 1,250.00 16900 RED THE UNIFORM TAILOR I-OOG23890 UNIFOR14S R 9/21/2016 827.00CR 064304 827,00 02170 REINERT PAPER & CHEMICAL, INC. I-350365 PAPER TOWELS, CLEANING SUPPLIE R 9/21/2016 231.09CR 064305 231.09 19290 RENTAL ONE I-622797-0001 TRACKHOE RENTAL R 9/21/2016 2,287.69CR 064306 2,287.69 27450 RICOH USA I-29128255 SEPTE14BER LEASE R 9/21/2016 709.97CR 064307 709.97 12B20 RICOH USA, INC I-5044285594 COPIER SEPT 2016 R 9/21/2016 227.85CR 064308 227.85 29400 SAMANTHA SPRINGS BOTTLING I-360844 WATER DELIVERY R 9/21/2016 14.90CR 064309 14.90 16240 SCHAD & PULTE I-200198 COMPRESSED OXYGEN R 9/21/2016 26.00CR 064310 26.00 90 SCHNEIDER ENGINEERING I-000000034231 ERGOT TRANSMISSION DESIGNATION R 9/21/2016 4,332.11CR 064311 4,332.11 18620 STERICYCLE 1-4006519954 EMS SUPPLIES R 9/21/2016 210.79CR 064312 210.79 24620 SUNGARD PUBLIC SECTOR, INC I-123497 7/27/16-8/26/17 IN CAR C014PUTE R 9/21/2016 3,057.47CR 064313 3,057.47 9/21/2016 1:34 PM A / P CHECK REGISTER PACKET: 08383 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 5 CHECK CHECK DOR NAME / I.D. DESC TYPE DATE -260 TYLER TECHNOLOGIES I-025-165780 SEPTEMBER RAINTENANCE R 9/21/2016 I-025-165781 SEPT COURT WEB SUPPORT R 9/21/2016 25200 U.S. UNDERWATER SERVICES, LLC I-9221 UNDER WATER INSPECTION R 9/21/2016 26300 UNUM LIFE INSURANCE COMPANY OF AMERICA C-9/4/16-10/4/16 UNUM LIFE INSURANCE COMPANY OF R 9/21/2016 I-UATPY8.19.16 UNUM INSURANCE R 9/21/2016 I-UATPY8.5.16 UNUM INSURANCE R 9/21/2016 21610 WITMER PUBLIC SAFETY GROUP, INC I-E10502518 SAFETY EQUIPMENT R 9/21/2016 26050 ZERO WASTE USA I-118346 DOGGIE WASTE BAGS R 9/21/2016 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 TOTAL WARNINGS: 0 CHECK CHECK DISCOUNT AMOUNT NO# A14OUNT 110.000R 064314 125.000R 064314 235.00 2,630.000R 064315 2,630.00 0.02 064316 286.55CR 064316 286.55CR 064316 573.08 485.63CR 064317 485.63 195.75CR 064318 195.75 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 56 2.46 115,785.66 115,788.12 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 56 2.46 115,785.66 115,788.12 9/21/2016 1:34 PM A / P CHECK REGISTER PAGE: 6 PACKET: 08383 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT ,,,DOR NAME / I.D. DESC CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO# ** POSTING PERIOD RECAP ** FUND ------------------------------------------- PERIOD AMOUNT 001 9/2016 16,398.48CR 008 9/2016 44,638.39CR 180 9/2016 16,352.80CR 41 9/2016 1,400.000R 471 9/2016 125.000R 840 9/2016 36,870.99CR ALL 115,785.66CR CHECK At40UNT CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ❑ Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Council Meeting Date: Submitted By: October 3, 2016 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date �---- ACTION REQUESTED: ®ORDINANCES 10-XX-16 ❑ RESOLUTION # _ ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Conduct a Public Hearing, Consider, Discuss, and Possibly Take Action to Amend the Boundary Between the SF-10 Single -Family Residential District and TH Townhouse District in Sanger Circle Phase 6 FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE [:]REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is a small part of the Sanger Circle development. In May of 2014, the City Council rezoned a portion of the Sanger Circle development north of the existing Trails of Sanger Apartments from MF-2 Multi -family District to PD-TH Townhome District. Adjacent to this area to the west is a large SF-10 Single Family Residential District. The applicant has submitted a plat for Sanger Circle Phase 6, which include a portion of the land currently zoned PD-TH for townhomes and the adjacent SF-10 area. The applicant is requesting to amend the boundary between the PD-TH and SF-10 districts to reflect the proposed plat. Amending the boundary between the two districts will create a better alignment of the new public streets to be constructed, and permit a more efficient use of land. Staff mailed ten (10) public hearing notices to the owners of properties within 200 feet of the subject property. None were returned at the time of this report. STAFF OPTIONS & RECOMMENDATION Staff finds that the proposed rezoning is in conformance with the Comprehensive Land Use Plan and general land use planning principles. Staff recommends approval of the proposed rezoning. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Ordinance 10-XX-16 Agencies: • Staff Report to P&Z Commission The Planning & Zoning Commission conducted a public hearing on September 12, 2016 and recommended • Zoning Map Detail approval of the proposed rezoning unanimously. C��g�tC PLANNING & ZONING COMMISSION TEXAS STAFF REPORT Meeting Date: September 12, 2016 TPrepared by: Joseph D. Iliff, AICP Conduct a Public Hearing, Consider, Discuss, and Possibly Take Action to Subject: Amend the Boundary Between the SF-10 Single -Family Residential District and TH Townhouse District in Sanger Circle Phase 6. BACKGROUND The subject property is a small part of the Sanger Circle development. In May of 2014, the City Council rezoned a portion of the Sanger Circle development north of the existing Trails of Sanger Apartments from MF-2 Multi -family District to PD-TH Townhome District. Adjacent to this area to the west is a large SF-10 Single Family Residential District. PROPOSED ACTION The applicant has submitted a plat for Sanger Circle Phase 6, which include a portion of the land currently zoned PD-TH for townhomes and the adjacent SF-10 area. The applicant is requesting to amend the boundary between the PD-TH and SF-10 districts to reflect the proposed plat. Amending the boundary between the two districts will create a better alignment of the new public streets to be constructed, and permit a more efficient use of land. ISSUES FOR CONSIDERATION In making its recommendation to the City Council concerning a proposed zoning map amendment, the Planning and Zoning Commission shall consider the following factors: 1. Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole. 2. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers and other utilities to the area and shall note the findings. 3. The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unsuitable for development. 4. The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change. 5. The manner in which other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved, and whether such designation for other areas should also be modified. City of Sanger Department of Economic & Community Development Planning & Zoning Commission September 12, 2016 6. Any other factors which will substantially affect the public health, safety, morals or general welfare. STAFF RECOMMENDATION Staff finds that the proposed rezoning is in conformance with the Comprehensive Land Use Plan and general land use planning principles. Staff recommends approval of the proposed zoning map amendment. NOTIFICATION RESPONSE FORMS Staff mailed ten (10) public hearing notices to the owners of properties within 200 feet of the subject property. None were returned at the time of this report. ACTIONS FOR PLANNING & ZONING COMMISSION The Planning & Zoning Commission shall make a recommendation on this proposed rezoning to the City Council. FUTURE ACTIONS The City Council will conduct a public hearing and act on this request at their October 3, 2016 regular meeting. ATTACHMENTS Aerial Photo of Subject Property Zoning Map Detail Page 2 of 2 SANGER ZONING MAP DETAIL ORDINANCE 10-20-16 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE OFFICIAL ZONING MAP TO AMEND THE ZONING BOUNDARY BETWEEN THE SF-10 SINGLE-FAMILY RESIDENTIAL DISTRICT AND THE PD-TH PLANNED DEVELOPMENT TOWNHOUSE DISTRICT IN SANGER CIRCLE PHASE 6 WEST OF MARION ROAD AND NORTH OF LAKEPARK DRIVE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR 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, The applicant has requested to amend the boundary between the PD-TH and SF-10 districts in Sanger Circle Phase 6; WHEREAS, The City Council has found that finds the proposed zoning district is harmonious with the surrounding land uses and condition; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1 The subject area located within Sanger Circle Phase 6 with an area zoned SF-10 Single Family Residential District and PD-TH Planned Development Townhouse District, is hereby amended to be as shown on the attached Exhibit A. 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 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 an amount not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such offense 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 3Td day of October 2016. APPROVED: Mayor Thomas Muir ATTEST: City Secretary Cheryl Price CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ❑ Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Council Meeting Date: Submitted By: October 3, 2016 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials /tom Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider, Discuss and Possibly Approve the Final Plat of Sanger Circle Phase 6, 57.08 Acres in the R. Bebee Survey, Located on the West Side of Marion Road, North of Lakepark Drive FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE [:]REVENUE❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is approximately 57 acres located on the west side of Marion Road north of the Trails of Sanger Apartments. The property is within the Sanger Circle development, and has been designated by the developer as Phase 6. The proposed final plat includes the southern portion of the PD-TH Townhome District north of the apartment complex, and a large area west of that zoned SF-10 Single Family Residential. Along with the plat, the applicant has submitted an amendment to the boundary between these two zoning district, to make the design of the public streets more efficient. The plat would create 182 single-family residential lots at 56 twnhome lots. It would dedicate several new public streets, including a thoroughfare that appears on the Thoroughfare Plan as an extension of Utility Road. STAFF OPTIONS & RECOMMENDATION Staff has requested the following revisions be made to the plat: • Revise the final plat to show minimum rear yard of twenty-five (25) feet. • Revise the final plat to show minimum side yard adjacent to a street of twenty (20) feet. With these revisions, Staff has found the plats to be in compliance with the requirements of the Subdivision Ordinance. List of Supporting Documents/Exhibits Attached: • Final Plat of the Sanger Circle Phase 6 Prior Action/Review by Council, Boards, Commissions or Other Agencies: The Planning & Zoning Commission considered the item at their September 12, 2016 meeting and unanimously recommended approval of the proposed final plat. z R' MN NN LF n go` I4 i I` mA° l� �� m'snL nL.arzo.00 ri 4' tyres I II L-Ja�_J I G I $Sks m_LM1e _-i uoJ I m�i - L_1V1�_J� euxrr A g l J I� yi 1 L§ J 4 b a JI d 1 U) C < r Jm ^^\ UIM om x o PO �wOCON it NZq=Z mIm AmOJiAV1Z Jo m � mr' -min m Cl) D Ham TZ rt 0 2 Z Z = Z /D/nnxor- 2 p m \// : 3'> m n m N> 0 A (- A K m NM'0210 VI it i6S1' gip/ �-- uo �;2rl�J I I rer�_ I ?I6 $ fg d IE I aid a �sU �1� 8 E r I. 3 I i G § N C 8 d n I I ,as-J ------------------- u _c� J„§fl d=F�o d a� a14� ,�.�� J•,4s� d7 � _Ii34_J _- _zSL_ L_i£al_J ---- J _U-a_ SY - - - - - - 32 - - - - - --------- li — -- — I� r ----- a�-j IJ G v J I� J d J J J Y d r I gu k I't I� If Irf I -If I su 6- 1= 1 to L $ J I= § ' i lg J I ��; ie"d' 3tr5'"1 L��1S9 ieT J ll g v _ $ fit-J L_`?34._J I C S k3r II' II I I B � II ` s_ryA �I i -1� Y I 1 O IcraiJ Is L a" i i�ru, r I is>%� �' i ti? %6.' �- u J L -Ys34tsNs __ J (6 f I � $ m G r I I I L 3ss� la L_Bi1 J er r s� x or�sP'� rTm I I I 3� I v3 w 1 � Igor �sE v m 1J i3s $ s a ir$P3� a 1 A Vr�. § 1 f $ tl 7 § I u-a r;�''arsJ $ coo o I I h o �v ]i _ _E _ OEM, e_ _\ I ��oYvr$E x3m •,� V ;,., II b BYs�SJ I . 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I = 9 Y �� $m � 1 6 d ,�i y a o 1 � � a 1 6s a L x 1 16 I s^ H $m I r a 1� ; i� J 'i-s�`- L i' %il r I I j $'" � r B m d l E �Isz L_�,BL JM1 LL a,aL J Ir fm J lar^9 -)_ arzea - "• r-,ssr'\\ � N \ A _ 1 � a ?i' S I ) I I ,r- ;;Ei:n� 6 Y rvo �sE 0 Jr. `rr\ o0 I Ir l \ � )) � r-��. \ ?.. g r, \ � � J �J sororu•w lo�av " 16 e 8 tw'"F a a ,d 'a;w „�J '• �%g. or• a 8 O m R x _ 2 I m ag s4. z c _ nNve F �mUo� N��oo dam o° u9�n °fig ro cn a o� C < o < G)M n,m a OP s g Tpz Om y YkN7=m1 M. o �m owXo�j o A m m A N Z S V M, �n I g8� � I °gFR i gaFd Iad% � 9g'o c, u II ue�.y, F,x II I v�c,z 11 _ II n, 11 'at^�cyt,r+ot II • II'i+ R �3 mllE in�ax- I gll xo e II x II m 11 E a II I'a _ ql�' vo�� 311 xa £--a ��wJ �g I i IUraar"i CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ®Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Council Meeting Date: Submitted By: October 3, 2016 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date �'':� —� ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider, Discuss, and Possibly Approve the Final Plat of Lake Ridge Estates Phase 2, 5.52 Acres in the R. Bebee Survey, Located North of Waterfront Drive and East of Lake Ridge Drive FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS []OPERATING EXPENSE [:]REVENUE ❑CIP []BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is 5.52 acres located east of the existing lots along Lake Ridge Drive in the Lake Ridge Estate subdivision. The Property is zoned under PD 09-29-03 and 05-07-05 for single-family residential land uses with a minimum lot size of 6,000 square feet. The applicant has submitted a final plat for 27 new single-family residential lots along extensions of the existing Park Lane and Waterfront Drive, and a new street Cliffview Drive. STAFF OPTIONS & RECOMMENDATION Staff has requested the following revision be made to the plat: 0 Under Improvements Statement, remove statements Number 4 and Number 7 With these revision, Staff has found the plats to be in compliance with the requirements of the Subdivision Ordinance. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Final Plat of the Lake Ridge Phase 2 Agencies: The Planning & Zoning Commission considered the item at their September 12, 2016 meeting and unanimously recommended approval of the proposed final plat. ;�F o izop= �S£ o aSo�a g o° as z.M 'o A�� e ° i =m3 > o=68. >s> s YN o�z Qq ga y -Qm _� ga �Rg$ Y H �g� g go of �g yU I i �..—. _ 7� cn rn C {1 G)M a� POCOy x� m N�mmm tp tOmAi 1 m o � 3 M0 °m QO�-O Z oAQZ - >G)o m ° c nma o��cnm� o Omm� O, a £2 ° 3 D OU �C�n'cn�- -1 Nzyo o D 0 - m pKcn m foo H, ° Rig s 3o nm�pn z�Y��my��ga �o soR°a s Ym r.Ng "Pg CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal El Yes 0 Not Applicable Council Meeting Date: Submitted By: October 3, 2016 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date , '</ A� ACTION REQUESTED: ®ORDINANCES 10-XX-16 ❑ RESOLUTION # _ [:]APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Conduct a Public Hearing, Consider, Discuss, and Possibly Act Concerning a Request to Rezone Approximately 150 acres Located South of FM 455 (Chapman Drive) and East of Marion Road, and Extending to McReynolds Road on the East Side of Indian Lane from A Agricultural District to the following districts: A. 34.75 Acres to B-2 Business District B. 25.00 Acres to MF-2 Multi Family District C. 35.48 Acres to TH Townhome District, and D. 52.45 Acres to R-1 Single -Family Residential District. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is approximately 148 acres located between FM 455 and McReynolds, east of Marion Road and Indian Lane. It includes the area immediately east of Sanger High School. Also the areas west and north of the Lake Ridge Estates subdivision. The property is currently zoned A Agricultural District, and undeveloped. The applicant has submitted a zoning request to rezone the property into four (4) different zoning districts. Each of them is described below. A. 34.75 Acres along the south side of FM 455 east of Marion Road to B-2 Business District • The applicant is proposing a commercial district along FM 455 that would permit retail and general commercial land uses. B. 25.00 Acres east of Sanger High School to MF-2 Multi Family District • The applicant is proposing an MF-2 Multi -family District, with a maximum density of 20 units per acre, resulting in up to 500 total dwelling units. C. 35.48 Acres to TH Townhome District, • The applicant is proposing a TH Townhome District along the east side of Indian Lane and adjacent to the Lake Ridge Estate subdivision. The applicant is proposing a maximum of 210 total townhome dwelling units. BACKGROUND/SUMMARY OF ITEM CONTINUED D. 52.45 Acres to R-1 Single -Family Residential District • The applicant is proposing a single-family residential district in the middle of the site, between the proposed B-2 district on the north and the Lake Ridge Estates subdivision to the south. The applicant is proposing a minimum house size of 1,527 square feet. The City's preferred zoning districts for new single-family residential land uses are the R Residential Districts (R-1 through R-4). The R districts have minimum house sizes of 2,000 square feet or larger. Staff mailed fifty-six (56) public hearing notices to the owners of properties within 200 feet of the subiect property. None were returned at the time of this report. STAFF OPTIONS & RECOMMENDATION Staff has the following recommendations for the four proposed rezonings: A. 34.75 Acres to B-2 Business District • Staff recommends approval of the proposed rezoning to the B-2 Business District. B. 25.00 Acres to MF-2 Multi Family District • Staff recommends denial of the proposed MF-2 District because of a lack adequate public services, the impact of traffic on the adjacent public streets, and non-compliance with the City Council's housing policy. C. 35.48 Acres to TH Townhome District, • Staff recommends denial of the proposed rezoning to the TH Townhome District so that Staff and the applicant can prepare a PD Planned Development District that would set standards for maximum number of dwelling units, minimum square footages, architectural standards, minimum parking spaces, and minimum landscaping requirements. D. 52.45 Acres to R-1 Single -Family Residential District Staff supports the rezoning of property within the Lane Ranch development to the R-1 Residential District (or another R district) in general, but the specific location and limits of any R district must be determined by what can practically be served by public infrastructure and accessed from public roads. Staff can recommend approval of a proposed R district with these logistical concerns adequately addressed. List of Supporting Documents/Exhibits Attached: • Ordinance 10-XX-16 • Staff Report to P&Z Commission • Memo from City Manager • Zoning Map Exhibit • B-2 Business District • MF-2 Multi -family District • TH Townhome District 9 R-1 through R-4 Residential Districts Prior Action/Review by Council, Boards, Commissions or Other Agencies: The Planning & Zoning Commission conducted a public hearing on September 12, 2016 and recommended approval of the four proposed rezonings unanimously. Agen TEXAS To: Mayor and Council From: Mike Brice, City Manager Date: 9/23/2016 Re: Proposed Lane Ranch Rezoning MEMO I want to provide some additional input from staff on the proposed rezonings you will be considering on the October third agenda. There are four proposed rezonings of what is now undeveloped Agricultural land. They are 34.75 acres to B-2 Business, 52.45 acres to R-1 Residential, 20.00 Acres to MF-2 Multi Family and 35.48 Acres to TH Townhouse. Staff is in support of the B-2 rezoning. Staff would prefer to see the TH zoning modified to a PD Planned Development so that additional stipulations can be placed on the development. The developer has indicated that he would like to build 210 townhomes on the property. However, the TH zoning without a PD would allow him to construct up to 350 townhomes on the property. There is also a large common area in the floodplain that needs to be addressed as to how it will be developed and who will maintain it. Other issues include the size of the townhomes, exterior finish, parking and landscaping, all of which can be addressed through a PD. Staff's recommendation is that the TH zoning be denied and the developer asked to work with staff on developing a PD. Staff is opposed to the MF zoning for several reasons. First, it moves the percentage of multi -family units in the overall housing mix in the wrong direction. Currently 15% of our housing stock is multi- family. The target set by Council is 12%. Adding four hundred or more apartments would increase the percentage to 23%. We would have to add around two thousand (2,000) new homes to get the multi- family percentage back down to 15%. Another issue of concern is traffic. This Multi -family development, when added to the townhomes will dramatically increase traffic on Indian Lane. Because of the two schools, traffic is already congested during certain times of the day. The school district has turned down the developer's request to align the road serving this development to the north with Marion Road. Therefore, traffic not exiting on Indian Lane will exit the complex to the north onto FM 455 in a 55 MPH zone. Most of this traffic will be turning left, back toward town and the interstate. Staff has some safety concerns about ingress and egress on this busy highway. Strain on services is also an issue. The Marion Road Apartment complex is currently the largest complex in town at 168 units. Since it was built in 2006 it has generated 224 police calls for service on average each year. That means that a 400-unit apartment complex could potentially generate 560 calls for service each year. It will also put a strain on fire and emergency medical services and will require adding more police and fire personnel. To add 24-hour coverage by one officer requires hiring four officers. Likewise, adding 24-hour coverage by one additional ambulance requires hiring six firefighter/paramedics. Since there is no room for additional manpower and apparatus in the current fire station this development may also trigger the need to build a second fire station earlier than planned. Bottom line, this development would require additional police officers and firefighters and would not generate enough in property tax to pay for them. Because of these issues, staff strongly recommends denying the MF Multi -Family zoning. It is simply not the right fit for the community at this time. Staff is opposed to the MF zoning even if it is scaled back or done in phases. Our housing mix needs to become more aligned with the resolution passed by Council before adding apartments is considered in the future. While staff does not oppose the R-1 Residential zoning we do have some concerns. The developer has requested a minimum house size of 1500 square feet. Staff is opposed to any single family residential zoning under 2000 square feet until the housing mix more aligns itself with the benchmarks set by Council. Also, other than a general concept plan, staff has been provided little information on this part of the development. It is unclear how it would be accessed, especially if the apartments are not 3- • -. In summary, staff supports the B2 Business Zoning and R-1 Residential Zoning in principal but has concerns about the logistics of the R-1 development in implementation. Staff recommends denying the Townhome Zoning and recommends that the developer work with staff on a Planned Development. Staff is opposed to the MF Multi -family at this time. Staff would prefer to see a master planned development of the entire 350 acres as first presented by the developer. Such a development would be covered by a development agreement that would facilitate a better understanding between the developer and the city and would accomplish the interests of both parties. September 25, 2016 From: Councilman Gary Bilyeu, City of Sanger To: Mr. Mike Brice, City Manager of Sanger Subj: LANE RANCH PROJECT I will be out of town and unable to attend the next council meeting, so I wanted to share with you a few of my thoughts and/or concerns on the Lane Ranch project before departing. The 300+ acre concept plan of Lane Ranch presented by the developer to Council was quite impressive. It included a desirable and healthy mix of land uses, which fall in line with the Council's vision moving forward. However, the "Proposed Action" items paint a much different picture. If I understand it correctly, the overall project is cut in half (approx. 150 acres) and eliminates the single family "estate" lots or those one (1) acre or greater. In my opinion, these larger lots —and larger homes —were one of the more attractive features of the development. Also, there does NOT appear to be any discussion and/or consideration for a Development Agreement. The Council was quite clear on the need to negotiate a viable Development Agreement for this project along with any others of this scope. Many projects have come and gone —all with high hopes and good intentions. But high hopes and good intentions rarely materialize the way all parties envision. In order to remove the ambiguity, I believe it is in the best interest of our community for the City to have Development Agreements which identify the roles and responsibilities of all parties and sets "triggers" to shape the desired growth. In the absence of a Development Agreement, I must consider the "Proposed Action" items as four (4) independent projects each standing on its own merit versus a single 150 acre collective project. In an attempt to avoid less desirable "patch work" growth of the past, the Council has been consistent in its vision for the future. That vision focuses on attracting commercial development and builders of larger single-family homes —preferably greater than 2,000 square feet —understanding exceptions would be considered on a case -by -case basis. This vision would lessen the tax burden disproportionately shouldered by residents and ease the increasing demands on public utilities. With four independent projects, I considered the impact at maximum density or completion. While assuming that market conditions would be the driving force of development, I also considered the ever - changing housing market and the potential for one project to be completed before any of the others are started much less completed. As a result, it appears that only item "A" (B-2 Business Districts) has the potential of realizing the desired effects of Council's vision. Proposed item "B" (MF-2 Multi -Family District) of 500 units does NOT adhere Page 1 of 2 to the Council's resolution or vision. Proposed item "C" (TH Townhouse District) is too ambiguous for a decision. If units are less than 1,500 sf, then I would determine it too failed to adhere to Council's resolution and/or vision. As presented, I strongly oppose item "D" (R-1 Single Family Residential District). The "R" districts were created to incentivize developers with smaller lots for BIGGER homes. The applicant requested a minimum of 1,527 sf versus the 2,000 sf minimum as stated in the ordinance. At best, the single-family developments simply do NOT adequately offset the multi -family development. At worst, the multi -family development could be completed while the single-family never breaks ground. In summary, there is no doubt the Council favors and supports future development in our community. Likewise, the Council has been consistent in its vision for future growth. In order to maintain this vision along with lessening the tax burden on current residents and easing the demand on public utilities, I strongly believe the City must negotiate Development Agreements —especially with projects as potentially desirable as Lane Ranch. High hopes and good intentions make for a wonderful concept. While I would prefer a single, collective development of the 150 acres, I view this as four independent projects. Based on the merit of each, I would support item "A". However, I would be opposed to items "B", "C", and "D" as presented. Obviously, I would reconsider these items if they were negotiated as part of Development Agreement in order to shape and manage the growth. I believe Lane Ranch can and will play an important role in how our community grows. We simply owe it to the community to negotiate a viable agreement that removes the ambiguity and most importantly provides recourse if one or more parties fail to deliver. Thank you for allowing me to share my thoughts, and please accept my sincere apologies for being unable to attend the meeting. Respectfully Gary Bilyeu Councilman, City of Sanger Page 2 of 2 m° LANE RANCH H O M E Y E R ZONING MAP STREAM DEVELOPMENT ENGINEERING, INC. CITY OF SANGER TOPE FIRM REGISTRATION NO. F-O440 Z s _ U-R..I DENTON COUNTY, TEXAS P'9p1906 8990 PHCNEHY9V19O6 ILLE 9ei 75O19 0 YIVAV.HEI.II C.CCM O O O O O N ro M ri 0 0 Lr) M r-I 0 0 0 0 0 0 0 0 0 0 00 00 o rl 0 0 oa o 0 0 0 +J LL L a O 4� O a) O bio N L cp � LL N Ql Ol C) O O Ln c-I V) (1) LL tS al N al Of Zt d-J rl C W L Q U U Z :D L Qi 4 4-1 N E L Q Q U � SWGRIRAge% PLANNING & ZONING COMMISSION TEEXAS STAFF REPORT Meeting Date: September 12, 2016 1 Prepared by: Joseph D. Iliff, AICP Conduct a Public Hearing, Consider, Discuss, and Possibly Act Concerning a Request to Rezone Approximately 150 acres Located South of FM 455 (Chapman Drive) and East of Marion Road, and Extending to McReynolds Road on the East Side of Indian Lane from A Agricultural District to the following districts: Subject: IA. 34.75 Acres to B-2 Business District B. 25.00 Acres to MF-2 Multi Family District C. 35.48 Acres to TH Townhouse District, and D. 52.45 Acres to R-1 Single -Family Residential District. L&TO "It"sle]►IC The subject property is approximately 148 acres located between FM 455 and McReynolds, east of Marion Road and Indian Lane. It includes the area immediately east of Sanger High School. Also the areas west and north of the Lake Ridge Estates subdivision. The property is currently zoned A Agricultural District, and undeveloped. PROPOSED ACTION The applicant has submitted a zoning request to rezone the property into four (4) different zoning districts. Each of them is described below. A. 34.75 Acres along the south side of FM 455 east of Marion Road to B-2 Business District • The applicant is proposing a commercial district along FM 455 that would permit retail and general commercial land uses. B. 25.00 Acres east of Sanger High School to MF-2 Multi Family District • The applicant is proposing an MF-2 Multi -family District, with a maximum density of 20 units per acre, resulting in up to 500 total dwelling units. C. 35.48 Acres to TH Townhouse District, City of Sanger Department of Economic & Community Development Planning & Zoning Commission September 12, 2016 The applicant is proposing a TH Townhome District along the east side of Indian Lane and adjacent to the Lake Ridge Estate subdivision. The applicant is proposing a maximum of 210 total townhome dwelling units. D. 52.45 Acres to R-1 Single -Family Residential District • The applicant is proposing a single-family residential district in the middle of the site, between the proposed B-2 district on the north and the Lake Ridge Estates subdivision to the south. The applicant is proposing a minimum house size of 1,527 square feet. • The City's preferred zoning districts for new single-family residential land uses are the R Residential Districts (R-1 through R-4). The R districts have minimum house sizes of 2,000 square feet or larger. ISSUES FOR CONSIDERATION In making its recommendation to the City Council concerning a proposed zoning map amendment, the Planning and Zoning Commission shall consider the following factors: 1. Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole. 2. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers and other utilities to the area and shall note the findings. 3. The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unsuitable for development. 4. The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change. 5. The manner in which other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved, and whether such designation for other areas should also be modified. 6. Any other factors which will substantially affect the public health, safety, morals or general welfare. STAFF RECOMMENDATIONS Staff has reviewed the four proposed rezoning and is making the following recommendations: A. 34.75 Acres to B-2 Business District • Staff finds that the proposed B-2 Business District conforms to the factors listed in considering a zoning map amendment. The B-2 District is best suited for properties along I-35 and FM 455. The proposed site is also able to be served by adequate public Page 2 of 4 Planning & Zoning Commission September 12, 2016 utilities with city water and wastewater service, and CoSery electric service. Staff recommends approval of the proposed A Agricultural District to B-2 Business District rezoning. B. 25.00 Acres to MF-2 Multi Family District The proposed MF-2 district would be adjacent to non-residential uses to the east, and possibly the north with the proposed business district. It could also be adjacent to single- family residential uses to the east and south, with the applicant's other proposed rezonings. It is also at present not served by a major thoroughfare, though the applicant has proposed the construction and dedication of public streets adjacent to the site. The maximum density permitted by the proposed MF-2 district would allow the construction of 500 dwelling units. The proposed adjacent streets would have to be adequate to serve that demand. • There are existing multi -family residential zoning districts that are undeveloped, and not currently proposed for development. Staff finds that there is an existing supply of MF- 2 zoning properties that could be developed. The community has a goal of a well-balanced and diverse mix of different housing types, accommodating both low density and high density residential uses. The proposed MF-2 district would permit up to 500 additional high -density units. Staff is concerned that the proposed density would not conform to the City's desired ratio of low density and high density residential uses. If developed to full capacity, the proposed MF-2 District would more than double the number of apartments within the city. Staff recommends denial of the proposed rezoning to the MF-2 District. C. 35.48 Acres to TH Townhome District • The subject area for the proposed townhome district has adequate public utilities and streets to serve residential land uses. It is difficult to analyze the demand for land zoned for townhomes, as the only other TH district has not yet been developed. As such, Staff is unable to make a recommendation for or against the proposed TH Townhome District by the criteria set in the Zoning Ordinance. • The applicant has proposed a maximum of 210 townhome dwelling units within the district. This provision would require the creation of a Planned Development (PD) district that would set a maximum number of units within the district. D. 52.45 Acres to R-1 Single -Family Residential District. • The subject area for the proposed single-family residential uses is located with the City's water & wastewater service areas, but services are not extended to the site at present. Nor are there any public streets serving the area. The preliminary plat for Lake Ridge Page 3 of 4 Planning & Zoning Commission September 12, 2016 Estates stubs a road north to the area, and the applicant is proposing to construct additional public streets south from FM 455. • The Zoning Ordinance states that the R-1, R-2, R-3, and R-4 Districts are the preferred districts for new single-family residential land uses. The applicant has proposed a minimum square footage for houses within the district of 1,527 sgft, less than the minimum 2,000 sgft in the R-1 District. Staff recommends rezoning the subject property to one of the R residential zoning districts (R-1 through R-4). NOTIFICATION RESPONSE FORMS Staff mailed fifty-six (56) public hearing notices to the owners of properties within 200 feet of the subject property. None were returned at the time of this report. ACTIONS FOR PLANNING & ZONING COMMISSION The Planning & Zoning Commission shall make a recommendation on this proposed rezoning to the City Council. The P&Z can make a specific recommendation on each of the proposed new zoning districts (A — D). FUTURE ACTIONS The City Council will conduct a public hearing and possibly act on this request at their October 3, 2016 regular meeting. ATTACHMENTS • Aerial Photo of Subject Property • Zoning Map Exhibit • B-2 Business District • MF-2 Multi -family District • TH Townhome District • R-1 through R-4 Residential Districts Page 4 of 4 City of Sanger Zoning Ordinance SECTION 23 "B-2" BUSINESS DISTRICT - 2 General Purpose and Description: The "B-2" Business district is intended to provide a zoning category similar to the "B-1" District, except that additional uses are permitted which are not generally carried on completely within a building or structure, and an expanded range of service and repair uses is permitted. 23.1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in the "B-1" Business District. 2. Building materials sales (no outside storage of lumber, materials or equipment). 3. Lithographic or print shop, retail only. 4. Newspaper or commercial printing. 5. Other uses as listed in Section 30 of this ordinance. The following specific uses shall be permitted in a B-2 District, when granted in accordance with Section 31: 1. Uses as listed in Section 30 of this ordinance. 23.2 Height Regulations: No building shall exceed one hundred (100) feet in height, except cooling towers, vent stacks or mechanical equipment rooms may project not more than twelve (12) feet beyond maximum building height. 23.3 Area Regulations: 1. Size of Yard a. Front Yard: Minimum required setback shall be twenty (20) feet. Accessory uses must be set back a minimum of sixty (60) feet. b. Side Yard: Adjacent to a street, twenty-five (25) feet; minimum required --ten (10) feet. C. Rear Yard: The minimum rear yard setback shall be twenty (20) feet for any building, or structure. When an alley is not required, a solid masonry or wood wall of a minimum height of six (6) feet shall be constructed adjacent to the rear property line to provide a barrier between the adjoining use. d. Special Side or Rear Yard Requirement: When a nonresidentially zoned lot or tract abuts upon a zoning district boundary line dividing the lot or tract from a residentially zoned lot or tract, a minimum side yard of twenty (20) feet shall be provided for on the nonresidential property. A solid masonry or wood wall having a minimum height of six (6) feet above the average grade of the residential property shall be constructed adjacent to the common side (or rear) property line. Size of Lot: a. Minimum Lot Area: None b. Minimum Lot Width: None Minimum Lot Depth: None 3. Lot Coverage: In no case shall more than fifty percent (50%) of the lot area be covered by buildings. 23.4 Parking Requirements: Off street parking requirements shall be provided in accordance with Section 32. Page 1 of 1 City of Sanger Zoning Ordinance SECTION 19 "MF-2" MULTI -FAMILY RESIDENTIAL DISTRICT - 2 General Purpose and Description: The MF-2 Multiple Family Dwelling District is a residential attached district intended to provide for the highest residential density not to exceed twenty (20) units per acre. The district is usually located adjacent to a major street and serves as a buffer or transition between retail/commercial development or heavy automobile traffic and medium or low density residential development. The number of efficiency units shall not exceed twenty-five percent (25%) of the total number of units of a multifamily development. 19.1 Use Regulations: A building or premises in the MF-2 district shall be used only for the following purposes: 1. Multifamily dwelling (apartment building). 2. Other uses as listed in Section 30 of this ordinance. The following specific uses shall be permitted in an MF-2 district, when granted in accordance with Section 31: 1. Uses listed in Section 30 of this ordinance. 19.2 Height Regulations: No building shall exceed thirty-five (35) feet. 19.3 Area Regulations: 1. Size of Yards: a. Front Yard: There shall be a front yard having a required depth of not less than twenty-five (25) feet as from the front property line. Accessory buildings shall be located not less than sixty (60) feet from the front property line. b. Side Yard: There shall be a side yard on each side of the lot having a width of not less than ten (10) feet. There shall be ten (10) feet separation between buildings without openings (windows) and fifteen (15) feet between buildings with openings. A side yard adjacent to a side street shall not be less than twenty (20) feet. No side yard for allowable nonresidential uses shall be less than twenty- five (25) feet. If a side yard is adjacent to a single-family zoning district then subsection "d" shall apply. C. Rear Yard: There shall be a rear yard with a depth of not less than twenty (20) feet. d. There shall be a total of sixty (60) feet setback from the adjacent building line for buildings in excess of one (1) story in height when an MF-2 district is adjacent to a district zoned for single-family use. 2. Size of Lot: a. Lot Area: Front lot shall have a minimum two thousand two hundred fifty (2,250) square feet per dwelling unit, not to exceed twenty (20) units per gross acre. b. Lot Width: The width of a lot shall not be less than eighty (80) feet as measured along the front building line. C. Lot Depth: The average depth of the lot shall not be less than one hundred fifty (150) feet. 3. Minimum Dwelling Size: The minimum living area for multifamily dwelling units shall be as follows: a. Efficiency units shall be a minimum of four hundred fifty (450) square feet. b. One (1) bedroom units shall be a minimum of six hundred (600) square feet. C. Two (2) bedroom units shall be a minimum of seven hundred fifty (750) square feet. d. Three (3) bedroom units shall be a minimum of nine hundred (900) square feet. 4. Lot Coverage: In no case shall more than forty percent (40%) of the total lot area be covered by the combined area of the main buildings and accessory buildings. 19.4 Parking Regulations: The number of parking spaces required shall be based on the following: [1.] Efficiency units equal one (1) space per unit. [2.] One (1) bedroom units equal one and one-half (1-1/2) spaces per unit. [3.] Two (2) bedroom units equal one and three-quarters (1-3/4) spaces per unit. [4.] Three (3) bedroom units equal two (2) spaces per unit. [5.] Required parking may not be provided within the required front yard. [6.] Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 32. 19.5 Refuse Facilities: Every dwelling unit shall be located within two hundred fifty (250) feet of a refuse facility, measured along the designated pedestrian and vehicular travel way. There shall be available at all times at least six (6) cubic yards of refuse container per thirty (30) multifamily dwelling units. For complexes with less than thirty (30) units, no less than four (4) cubic yards of refuse container shall be provided. Each refuse facility shall be screened from view on three sides from persons standing at ground level on the site or immediately adjoining property, by an opaque fence or wall of wood or masonry not less than six (6) feet nor more than eight (8) feet in height or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy city public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies. 19.6 Border fencing of wood or masonry of not less than six (6) feet in height shall be installed by the builder at the time of construction of any multifamily complex, along the property line on any perimeter not abutting a public street or right-of-way. This fence shall be maintained throughout the existence of the multifamily unit by the owner of the unit. 19.7 Each story in any multistory design, regardless of density, shall be provided with two (2) paths of entry and exit with each providing separate access to places of safety in the event of fire or other emergency. (Ordinance 06-09-12 adopted 6/4/12) City of Sanger Zoning Ordinance Section 53 TH TOWNHOME RESIDENTIAL DISTRICT General Purpose and Description: The Townhome District is intended to provide for single-family attached residential uses. Density in this district is not to exceed ten (10) units per acre. 53.1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Single family attached dwelling units, provided that no more than five (5) dwelling units are attached in one continuous row or group and provided that no dwelling unit is constructed above another unit. 2. Other uses as specified by the Land Use Table 53.2 Height Regulations: No building shall exceed thirty-five (35) feet. 53.3 Area Regulations: 1. Size of Yards: a. Front Yard: There shall be a front yard having a required depth of not less than twenty (20) feet as measured from the front property line. b. Side Yard: There is no required side yard between adjacent units within the same building. There is minimum side yard of at least seven and one half (7'/2) feet for units at the end of a building, creating a 15-foot separation between adjacent buildings. There is a required side yard of at least twenty (20) feet adjacent to a side street. 2. Size of Lot: a. Lot Area: Each lot shall measure at least two thousand three hundred (2,300) square feet. b. Lot Width: The width of a lot shall be not less than twenty-three (23) feet. C. Lot Depth: The depth of a lot shall be not less than one hundred (100) feet. 53.4 Parking Regulations: Two (2) off-street parking spaces shall be provided per unit. Required parking may not be provided within the required front yard. Off street parking spaces shall be provided in accordance with the requirements set forth in Section 32. ORDINANCE 07-14-16 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE ZONING ORDINANCE CREATING NEW RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR 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, The Zoning Ordinance regulates land use to insure the safe, efficient, and productive development of land; and WHEREAS, The development of future single-family residential land uses will have a significant impact on future of the community; and WHEREAS, The City Council finds that the creation of new residential zoning districts would better serve the safe, efficient, and productive development of land; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1 The Zoning Ordinance of the City of Sanger, Texas is hereby amended to include the following: SECTION 53 "R-1" — Residential District - 1 General Purpose and Description — This district is designed to permit larger single- family detached dwelling units on small lots. The R districts are the preferred zoning districts for new single-family residential land uses. 53.1 PERMITTED USES: A. Uses permitted in the SF-2 through SF-10 districts are outlined in the chart in Section 30. 53.2 AREA REGULATIONS: A. Size of Yards: l . Minimum Front Yard - Twenty feet (20') 2. Minimum Side Yard - Eight feet (8'); Ten feet (10') on corner adjacent to side street. 3. Minimum Rear Yard - Twenty feet (20') B. Size of Lots: 1. Minimum Lot Area - Six thousand (6,500) square feet 2. Minimum Lot Width - Fifty feet (50') 3. Minimum Lot Depth - One hundred feet (100') 4. Maximum Lot Area — Twelve thousand (12,000) square feet, and fifteen thousand square feet (15,000) for cul-de-sac and corner lots C. Minimum Dwelling Size: Two thousand (2,000) square feet D. Minimum Parking Required: An enclosed parking area of at least four hundred (400) square feet. This area does not count towards the minimum dwelling size. SECTION 54 "R-2" — Residential District - 2 General Purpose and Description — This district is designed to permit larger single- family detached dwelling units on small lots. The R districts are the preferred zoning districts for new single-family residential land uses. 54.1 PERMITTED USES: A. Uses permitted in the SF-2 through SF-10 districts are outlined in the chart in Section 30, 54.2 AREA REGULATIONS: A. Size of Yards: 1. Minimum Front Yard - Twenty feet (20') 2. Minimum Side Yard - Six feet (6); Ten feet (10') on corner adjacent to side street. 3. Minimum Rear Yard - Fifteen feet (15') 4. Maximum Lot Area — Twelve thousand (12,000) square feet, and fifteen thousand square feet (15,000) for cul-de-sac and comer lots B. Size of Lots: 1. Minimum Lot Area - Six thousand (6,000) square feet 2. Minimum Lot Width — Fifty feet (50') 3. Minimum Lot Depth - One hundred feet (100') C. Minimum Dwelling Size: Two thousand four hundred (2,400) square feet D. Minimum Parking Required: An enclosed parking area of at least four hundred (400) square feet. This area does not count towards the minimum dwelling size. SECTION 55 "R-3" —Residential District - 3 General Purpose and Description — This district is designed to permit larger single- family detached dwelling units on small lots. The R districts are the preferred zoning districts for new single-family residential land uses. 55.1 PERMITTED USES: A. Uses permitted in the SF-2 through SF-10 districts are outlined in the chart in Section 30. 55.2 AREA REGULATIONS: A. Size of Yards: 1. Minimum Front Yard - Twenty feet (20') 2. Minimum Side Yard - Six feet (6'); Ten feet (101) on career adjacent to side street. 3. Minimum Rear Yard - Fifteen feet (15') B. Size of Lots: 1. Minimum Lot Area — Five thousand five hundred (5,500) square feet 2. Minimum Lot Width — Fifty feet (50') 3. Minimum Lot Depth - Ninety feet (90') 4. Maximum Lot Area — Twelve thousand (12,000) square feet, and fifteen thousand square feet (15,000) for cul-de-sac and corner lots C. Minimum Dwelling Size: Two thousand eight hundred (2,800) square feet D. Minimum Parking Required: An enclosed parking area of at least four hundred (400) square feet. This area does not count towards the minimum dwelling size. SECTION 56 "R-4" — Residential District - 4 General Purpose and Description — This district is designed to permit larger single- family detached dwelling units on small lots. The R districts are the preferred zoning districts for new single-family residential land uses. 56.1 PERMITTED USES: A. Uses permitted in the SF-2 through SF-10 districts are outlined in the chart in Section 30. 56.2 AREA REGULATIONS: A. Size of Yards: 1. Minimum Front Yard - Twenty feet (20') 2. Minimum Side Yard - Six feet (6'); Ten feet (10') on corner adjacent to side street. 3. Minimum Rear Yard - Ten feet (10') B. Size of Lots: 1. Minimum Lot Area — Five thousand (5,000) square feet 2. Minimum Lot Width — Forty four feet (44') 3. Minimum Lot Depth - Eighty feet (80') 4. Maximum Lot Area — Twelve thousand (12,000) square feet, and fifteen thousand square feet (15,000) for cul-de-sac and corner lots C. Minimum Dwelling Size: Three thousand (3,000) square feet D. Minimum Parking Required: An enclosed parking area of at least four hundred (400) square feet. This area does not count towards the minimum dwelling size. 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 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 an amount not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. Section 5 This ordinance will take effect iminediately 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 18th day of July 2016. APPROVED: Mayor Thomas Muir ATT/E'XSTn/�' : City Secretary Tami Taber ORDINANCE 10-21-16 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE OFFICIAL ZONING MAP TO REZONE PROPERTY ALONG THE SOUTH SIDE OF FM 455 EAST OF MARION ROAD; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR 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, The applicant has requested to amend the zoning of 87.2 acres of land located south of FM 455 and east of Marion Road from A Agricultural District to B-2 Business District and R-1 Single Family Residential District; WHEREAS, The City Council has found that finds the proposed zoning districts are in conformance with the City's Comprehensive Land Use Plan, Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1 The Official Zoning Map be amended to designate the subject areas located along the south side of FM 455 east of Marion Road as described in the following and show on the attached Exhibit A. • A Agricultural District to B-2 Business District — 37.11 acres, measuring approximately 750 feet south from FM 455 and 2,025 east from the northwest corner of the subject area. • A Agricultural District to R-1 Single Family Residential District — 50.01 acres, located south of the B-2 District measuring approximately 1,680 feet north -south and 2,025 east -west from the southeast corner of the property. 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 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 an amount not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such offense 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 3rd day of October 2016. 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