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07/20/2015-CC-Agenda Packet-RegularSTaffigD T-EXAS AGENDA CITY COUNCIL MONDAY, DULY 20, 2015 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). CONSENT AGENDA 3. a) Approval of Minutes: July 20, 2015 -Work session July 20, 2015 - City Council b) Disbursements 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Recognition of the Sanger High School Bass Fishing Team for Their Help in the City Fishing Derby. 6. Conduct a Public Hearing on a Proposed Rezoning of Approximately 1 Acre of Land Located on the West Side of Freese Drive, South of David Drive from B-1 Business District to MF-2 Multi -family Residential District. 7. Consider, Discuss, and Possibly Approve Rezoning Approximately 1 Acre of Land Located on the West Side of Freese Drive, South of David Drive from B-1 Business District to MF-2 Multi -family Residential District. 8. Consider, Discuss and Possibly Approve a Sewer Main Pro -Rats Reimbursement Agreement Between the City of Sanger and Outstretched Arms. 9. Conduct a Public Hearing on a Proposed Specific Use Permit for an Accessory Dwelling Unit on the Property Located at 804 North Keaton Road. 10. Consider, Discuss and Possibly Approve a Specific Use Permit for an Accessory Dwelling Unit on the Property Located at 804 North Keaton Road. 11. INFORMATION ITEMS: a) ATMOS Energy Rider GCR-Rate Filing Under Docket No. 10170 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 generaVnublic at all times, and said notice was posted on the following date and time: 1-57 at 6 00 P—.m. and shall remain posted until mee ing ' adjourned. Tami Taber, City Secretary City of Sanger, Texas X`A,e���,� 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 WORKSESSION July 6, 2015 PRESENT: Mayor Thomas Muir, Councilman Bill Boutwell, Councilman Russell Martin (arrived at 6:17 p.m.), Councilman David Clark and Councilman Allen Chick ABSENT: Councilman Gary Bilyeu OTHERS PRESENT: Mike Brice City Manager and Tami Taber City Secretary 1. Call Meeting to Order. Mayor Muir called the meeting to order at 6:06 p.m. 2. Budget Workshop. City Manager gave a Power Point presentation which included the organization of the budget, General and Enterprise fund revenues, property tax, expenses, ongoing capital projects, personnel changes, reserves and utility rates. Sales tax is up about 8% and property tax is up about 5%. Building permits and fees are slightly below projections, but are expected to increase next year. Personnel changes include a 2% merit raise (range of 0-3%) and adding two full time employees in the Fire Department. Sewer rates will increase 15% in anticipation of the bond payment for the sewer plant rehab and other improvements, water rates to increase 6% to cover an increase in wholesale water rates and increased cost of service. Additional increases will include a groundwater district fee of $2.00 per meter per month and an additional $2.00 per month to cover increased transmission costs. 3. Overview of Items on Regular Agenda. 4. Adjourn. Mayor Muir adjourned the meeting at 6:55 p.m. MINUTES: CITY COUNCIL MEETING July 6, 2015 PRESENT: Mayor Thomas Muir, Councilman Bill Boutwell, Councilman Russell Martin, Councilman David Clark and Councilman Allen Chick ABSENT: Councilman Gary Bilyeu OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, David McClaren, Lynda McClaren, Joe Falls, Bob Matthews and Larry Kish 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:03 p.m. Councilman Martin led the Invocation followed by Councilman Boutwell 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). Joe Falls of 4489 McReynolds Road, stated that he has encountered problems regarding erosion control fences in the last two months. He feels that the ordinance is being misinterpreted by the building inspector. Mr. Falls suggested that Council revisit the ordinance for interpretation. CONSENT AGENDA 3. a) Approval of Minutes: June 15, 2015 — Work session June 15, 2015 — City Council b) Disbursements c) Consider Reappointing Danny Spindle the Presiding Judge, Kenneth Hartless the Alternate Judge and Hugh Coleman as Prosecutor d) Consider Reappointing Christy Punches the Municipal Court Clerk and Stephanie Dodson the Deputy Court Clerk and Authorize and Direct the City Manager to Continue to Oversee the Daily Operations and Performance of the Municipal Court Clerk and the Deputy Court Clerk e) Consider Reappointing Existing Board Members: Planning and Zoning Commission — Lee Allison — Place 1 Dennis Dillon — Place 3 Kelly Morgan — Place 5 Dorcyle McClure — Place 7 Board of Adjustment — Lee Allison — Place 1 Dennis Dillon — Place 3 Kelly Morgan — Place 5 Dorcyle McClure — Place 7 Parks Board — Joshua Shumate — Place 1 Jackie Turner — Place 7 Library Board — Kandyce LaFleur — Place 1 Dorcyle McClure — Place 3 Suzanne Sears — Place 5 Sanger Cultural Education Facilities Finance Corporation — Casey Barclay -John Springer -James Adams f) Consider Appointing the Following to Open Board Positions: Parks Board — Eddie Piercy — Place 3 Library Board — Elizabeth Avery — Place 2 Councilman Chick made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Presentation by All American Dogs. Bob Matthews advised that we are at the end of the third year of a four year contract and will reach the maximum of 260 animals this month and will begin paying an extra charge per pet brought in. There has been an increase in feral cats. All American Dogs recently built another building which is now utilized as the adoption center. 6. INFORMATION ITEMS: None. 7. Adjourn. Mayor adjourned the meeting at 7:38 p.m. 7/0B/2015 3:13 P14 A / P CHECK REGISTER PACKET: 07509 Regular Payments 7.8.15 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 1 VENDOR NA14E / I. D. DESC c CITY OF SANGER I-7/1/2015 5/17/15-6/18/15 025BO TEXAS WORKFORCE COMMISSION I-2QTR 2015 2ND QTR 2015 UNEMPLOY14ENT 07860 ACT PIPE SUPPLY, INC I-070083 REPAIR KIT FOR FIRE HYDRA 25940 ALAN PLUMMER ASSOCIATES, INC I-000000035894 WWTP FLOW EVALUATION 25070 ALL A14ERICAN DOGS INC I-2205 ANI14AL SHELTER JUNE 00270 ANI14AL HOSPITAL ON MILAM RD, P.C. I-170679 EUTH INJECTION 23060 ASPHALT ZIPPER, INC. I-32159 EXTENSION CABLE 02460 AT&T MOBILITY I-5/23/15-6/22/15 5/23/15-6/22/15 00420 BOUND TREE MEDICAL, LLC I-81831390 EMS SUPPLIES 28740 CENTERLINE SUPPLY, LTD I-119628 DETOUR SIGNS FOR TRUCKS 00800 COSERV ELECTRIC 1-5/17/15-6/16/15 5/17/15-6/16/15 COTE'S 14ECHANICAL I-CM20151502 JUNE 2015 LEASE I-C1420151658 JULY 2015 LEASE 26090 D & L FEEDS INC I-001132/6 SKUNK REMOVER - NO BITE 28620 EC & MU, INC I-796 GANTY CHECK CHECK TYPE DATE D 7/08/2015 D 7/OB/2015 R 7/OB/2015 R 7/08/2015 R 7/08/2015 R 7/08/2015 R 7/08/2015 R 7/08/2015 R 7/08/2015 R 7/08/2015 R 7/08/2015 R 7/08/2015 R 7/08/2015 R 7/08/2015 R 7/08/2015 CHECK CHECK DISCOUNT A14OUNT NO# AMOUNT 32,617.51CR 000000 32,617.51 93.29CR 000000 93.29 180.23CR 060418 180.23 14,431.23CR 060419 14,431.23 3,400.00CR 060420 3,400.00 39.00CR 060421 39.00 374.000R 060422 374.00 771.49CR 060423 771.49 31B.90CR 060424 318.90 279.000R 060425 279.00 3,037.84CR 060426 3,037.84 354.000R 060427 354.000R 060427 708.00 23.48CR 060428 23.48 2,630.59CR 060429 2,630.59 7/08/2015 3:13 P14 A / P CHECK REGISTER PACKET: 07509 Regular Payments 7.8.15 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 2 CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE EXPRESS SERVICES, INC. I-15939683-7 PARKS TE14P EMPLOYEES 6/21/15 R 7/08/2015 I-15964093-7 TE14P PARK EMPLOYEES R 7/08/2015 23820 FERGUSON WATERWORKS I-0719047-1 PART TO REPLACE STOCK R 7/08/2015 I-0722913 SEWER REPAIR R 7/08/2015 18340 FIRST ADVANTAGE BACKGROUND SVCS I-5536161506 BACKGROUND VERIFICATION R 7/08/2015 OB400 FRANKLIN LEGAL PUBLISHING I-2004077 ORDINANCES 7/l/15-6/30/16 R 7/OB/2015 18790 FUEL14AN I-NP44795676 6/29/15-7/5/15 R 7/08/2015 07350 GENTLE'S OIL AND TIRE I-6915 RIDING LAWN MOWER TIRES R 7/08/2015 I-7215 REPAIRS R 7/08/2015 I-7615 REPAIRS R 7/08/2015 17380 THE GLOVE GUY I-35950 GLOVES FOR STOCK R 7/08/2015 28700 GROD I-150630A CONCRETE WORK R 7/08/2015 02610 HD SUPPLY POWER SOLUTIONS I-2916740-00 BULBS R 7/08/2015 21220 IRBY TOOL G SAFETY I-SO09018438.002 PARKING STAND R 7/08/2015 JUSTIN'S FARM 4 RANCH SERVICES I-7/2/2015 MOWING R116976 R 7/08/2015 2B500 KATHRYN 14ORRIS I-7/1/15 STORYTI14E SERVICES R 7/08/2015 25110 KEYSTONE FLEX ADMINISTRATORS, LLC I-JULY 2015 AD14IN a DEBIT CARD FEES JULY R 7/08/2015 CHECK CHECK DISCOUNT A14OUNT NOO AMOUNT 1,186.40CR 060430 1,631.30CR 060430 2,817.70 324.09CR 060431 486.10CR 060431 810.19 36.000R 060432 36.00 375.00CR 060433 375.00 2,302.68CR 060434 2,302.68 240.00CR 060435 25.00CR 060435 64.000R 060435 329.00 178.000R 060436 178.00 8,170.00CR 060437 8,170.00 159.60CR 060438 159.60 216.000R 060439 216.00 75.000R 060440 75.00 40.000R 060441 40.00 250.50CR 060442 250.50 7/OB/2015 3:13 P14 A / P CHECK REGISTER PAGE: 3 PACKET: 07509 Regular Payments 7.B.15 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NA24E / I.D. DESC TYPE DATE DISCOUNT A24OUNT NO# AMOUNT KWIK KAR I-36546 INSPECTIONS -FIRE VEHICLES R 7/08/2015 7.00CR 060443 I-36547 INSPECTIONS -FIRE VEHICLES R 7/08/2015 7.000R 060443 I-36548 INSPECTIONS -FIRE VEHICLES R 7/08/2015 7.000R 060443 I-36787 15 STATE INSPECTION R 7/08/2015 25.50CR 060443 46.50 01570 LOWE'S COMPANIES, INC. I-915938 SUPPLIES/ MISC R 7/08/2015 224.49CR 060444 I-956103 BALLAST FOR OFFICE R 7/08/2015 18.97CR 060444 243.46 24690 MESS I-MESE 2015 14ESE ANNUAL CONFERENCE R 7/08/2015 75.000R 060445 75.00 097BO MIDWEST TAPE I-92940483 AUDIO BOOKS R 7/08/2015 26.99CR 060446 I-92975003 AUDIO BOOKS R 7/08/2015 31.99CR 060446 58.98 27600 OMNIBASE SERVICES OF TEXAS LP I-OBS152001343 QTR FTA PROGRA14 REPORT R 7/08/2015 72.00CR 060447 72.00 02170 REINERT PAPER & CHEMICAL, INC. I-331488 PAPER PRODUCTS, CLEANERS R 7/08/2015 169.56CR 060448 169.56 25020 SANGER HARDWARE I-A63041 SUPPLIES R 7/08/2015 57.9BCR 060449 I-A63650 SUPPLIES R 7/08/2015 12.39CR 060449 I-A64022 TOOLS R 7/OB/2015 11.97CR 060449 I-A64056 TOOLS R 7/08/2015 15.90CR 060449 I-A64069 TOOLS R 7/OB/2015 87.17CR 060449 I-A64248 SUPPLIES R 7/08/2015 2.20CR 060449 I-A6456B MISC SUPPLIES R 7/08/2015 31.39CR 060449 I-A65044 SUPPLIES R 7/08/2015 4.07CR 060,149 I-A65208 SUPPLIES R 7/08/2015 11.37CR 060449 I-A65524 MISC R 7/08/2015 204.69CR 060449 I-A65573 MISC R 7/08/2015 11.68CR 060449 I-A65642 TOOLS R 7/08/2015 7.96CR 060449 I-A65644 LIGHT BULBS R 7/OB/2015 111.72CR 060449 I-A65662 MISC R 7/08/2015 32.60CR 060449 I-A65714 MISC R 7/08/2015 6.49CR 060449 I-A65717 MISC R 7/08/2015 19.5BCR 060449 I-A65747 MISC SUPPLIES R 7/68/2015 29.82CR 060449 I-A66118 MISC R 7/08/2015 2.B9CR 060449 I-A66122 MISC R 7/08/2015 15.98CR 060449 I-A66638 MISC R 7/08/2015 16.64CR 060449 I-B23960 SUPPLIES R 7/08/2015 11.48CR 060449 I-B24173 SUPPLIES R 7/08/2015 9.95CR 060449 I-B24714 TOOLS R 7/08/2015 31.58CR 060449 I-B25282 TOOLS R 7/08/2015 13.98CR 060449 761.48 7/08/2015 3:13 PM A / P CHECK REGISTER PACKET: 07509 Regular Payments 7.8.15 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 4 CHECK CHECK VENDOR NAI4E / I.D. DESC TYPE DATE VOID CHECK V 7/08/2015 *VOID* VOID CHECK V 7/08/2015 26700 SOUTHERN TIRE MART, LLC I-48040462 TAHOE TIRES R 7/08/2015 02510 STATE C014PTROLLER I-QTR 6/30/15 STATE CRIMINAL COSTS 6/30/15 R 7/08/2015 05350 TEXAS EXCAVATION SAFETY SYST I-15-09008 14ESSAGE FEES NNE 2015 R 7/08/2015 00100 TMRS I-RETPY6.12.15 T14RS R 7/08/2015 I-RETPY6.26.15 TI4RS R 7/08/2015 19260 TYLER TECHNOLOGIES I-025-127694 JULY 2015 UB WEB R 7/08/2015 I-025-127695 MISC R 7/08/2015 24970 WELLSPRING INSURANCE I-1161 CONSULTING - JULY 2015 R 7/08/2015 TOTAL ERRORS: 0 ** T 0 T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK CHECK DISCOUNT AMOUNT NON AMOUNT 060450 **VOID** 060451 **VOID** 704.16CR 060452 704.16 8,345.75CR 060453 8,345.75 108.30CR 060454 108.30 17,477.71CR 060455 15,303.95CR 060455 32,781.66 110.000R 060456 125.000R 060456 235.00 2,000.00CR 060457 2,000.00 NO# DISCOUNTS CHECK MIT TOTAL APPLIED 38 0.00 87,555.28 87,555.28 0 0.00 0.00 0.00 0 0.00 0.00 0.00 2 0.00 32,710.80 32,710.80 2 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 42 0.00 120,266.08 120,266.08 7/10/2015 11:11 A14 A / P CHECK REGISTER PACKET: 07513 Regular Payments 7/10/15 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 1 CHECK CHECK CHECK VF11nOR NAME / I.D. DESC TYPE DATE DISCOUNT A14OUNT N04 L NORTH TEXAS GROUNDWATER CONSERVATION DISTRICT I-3/10/2015 REGISTER WATER WELLS R 7/10/2015 400.000R 060458 * * T 0 T A L S * * N04 DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 1 0.00 400.00 400.00 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 1 0.00 400.00 400.00 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 CHECK AMOUNT 400.00 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 LJ Not Applicable Council Meeting Date: Submitted By: July 20, 2015 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials ��� Date 1r_ l f ACTION REQUESTED: ®ORDINANCE 07-13-15 ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Conduct a Public Hearing, Consider, Discuss, and Possibly Approve Ordinance 07-13-15 Rezoning of Approximately one Acre of Land Located on the West Side of Freese Drive, South of David Drive from B-1 Business District to MF-2 Multi -family Residential District. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGETED [7]NON-BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is approximately 1 acre located on the west side of Freese Drive south of David Drive. The northern portion is undeveloped, except for a driveway opening to Freese Drive and a few parking spaces. The southern portion is developed with a commercial building occupied by restaurant, retail, and other uses. The subject property is zoned B-1 Business. The adjacent properties to the east and north are zoned Single Family Residential 10. The adjacent properties to the south and west are zoned B- 1 Business or B-2 Business. The applicant is proposing to rezone this area from B-1 Business District to MF-2 Multi -Family Residential District. The MF-2 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. Staff mailed twenty one (21) public hearing notices to the owners of properties within 200 feet of the subject property. Five of those notified property owners returned at the time of this report indicating opposition to the proposed rezoning. Several forms were submitted by other property owners in the area, including a petition signed by persons living or owning property both inside and outside of the notification area. All responses have indicated opposition to the proposed rezoning. STAFF OPTIONS & RECOMMENDATION The proposed zoning district of MF-2 is similar to the existing B-1 zoning in many ways. Both permit larger buildings, require a significant number of parking spaces, and generate traffic on adjacent streets. Both are also appropriate for the transition areas between more intense commercial districts (B-2, I-1) and low density residential districts (SF, 2F, etc). The property has adequate access to public services (water, sewer, etc) for both commercial uses and multi -family densities. The city has very little undeveloped land zoned for multi -family residential uses. The demand for this housing type is growing as many people are looking for rental housing opportunities. Staff does not find that this proposed rezoning would affect the development potential of other areas already zoned MF-1 or MF-2. The Future Land Use Plan (FLUP) designates this area for commercial uses. The subject property is the portion of the commercial area on the FLUP is located away from the major thoroughfares (I-35 & Business I-35) it is an appropriate area to have a transitional use between the commercial and low density residential areas. 0 halleadwthl u6n Low Deity lloddaud N*r* Doty Wdsou *Wes NoWWWW flood* 0 160y badefffill WM ' btvl Souks, WA o6ue fad indestrnl Puke Open *m & Piood kw ROMM Pdk ead BdIMUR l) Potential btry swoomd Loabe 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 • Letter of Intent and Applicant's Exhibits Agencies: • Aerial Photo of Subject Property The Planning & Zoning Commission conducted a public • Area Zoning Map hearing on July 13 and voted 4-1 to recommend denial of the rezoning. This means that a /4 majority vote of City • Returned Response Forms Council is required to approve the proposed change. ORDINANCE 07-13-15 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE OFFICIAL ZONING MAP TO REZONE APPROXIMATELY ONE ACRE OF LAND AT THE SOUTHWEST CORNER OF FRE ESE DRIVE AND DAVID DRIVE FROM B-1 BUSINESS DISTRICT TO MF-2 MULTIFAMILY FAMILY RESIDENTIAL DISTRICT; 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 rezone the subject property from B-1 Business District to MF-2 Multi -Family Residential District; 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 property located at the southwest corner of the intersection of Freese Drive and David Drive, comprising approximately 1.0 acre a portion of Lot 1 Block A of the Knight Addition, is hereby rezoned from B-1 Business District to MF-2 Multi -Family Residential District. 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 20"' day of July, 2015. "_,• "I Mayor Thomas Muir ATTEST: City Secretary Tami Taber CITY OF SANGER ZONING CHANGE/SUP APPLICATION N_ Zoning Change 0 Specific Use Permit APPLICANT OWNER if different from applicant) NAME NAMEI.4 54 /'A/? 6r^ r1 /`Off COMPANY .5_eitl COMPANY ADDRESS n0 Boxa i9q), ADDRESS 5-03 Neal #qp- R� CITY STATE ZIP ak CITY STATE ZIP PHONE gigY q3y-5po PHONE FAX FAX q N o 0 34 .-- to E-MAIL E-MAIL 1 4,,'ose 6 Describe the subject property (address, location, size, etc.): pleasee Sew l Aar e'�c l�per>t �tiul Describe the proposed zoning change or Specific Use Permit (SUP): PyDeo.y C'kC1�� Zo�rvA-1rowSi"eSS l- -/V Or t' t'g; 4,ni.;ly ge5)AemI-.al a;5-hrtL Submittal Checklist Letter of Intent �Site Plan (for Specific Use Permits only) it Application Fee (check payable to City of Sanger) I certify that I am the legal owner of the above referenced property and that to the best of my knowledge this is a true description of the property upon which I have requested the above checked action. I designate the applicant listed as my representative. OWNER'S SIGNATURE & DATE 5/12/2015 APPLICANT'S SIGNATURE & DATE slllh a /3- " OFFICE USE Fee: Date: City of Sanger Department of Development Services (940) 4S8-2059 (phone) P.O. Box 1729 201 Bolivar St Sanger, TX 76266 (940) 458-4072 (fax) wwwsangertexas.org Zoning Change Application Letter of Intent Zoning Change Submittal Date: May 13, 2015 Location: Please see attached exhibits. —1 acre of vacant land near 299-301 Freese Dr, Sanger, TX 76266 Denton CAD Parcel # 525438 City: Sanger, TX This application is to request a zoning change from B-1 Business District to MF-2 Multi -Family Residential District- 2. The property is currently a vacant lot with an existing concrete parking pad and entrance. The intent is to construct a total of 10 townhomes with each unit being platted individually for individual ownership (please see attached site plan and drawings for additional details). I believe the best use for this land is Multi- Family. The current commercial building adjacent to the vacant land to the South (Fellegrino's Italian Restaurant) had 2 retail spaces available for lease that sat on the market for over 12 months before being leased at a reduced rate than before. In section 19, Exhibit A, Chapter 14 of the City of Sanger Code of Ordinances, it states MF-2 "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." This description matches the proposed property very well given the fact that the South and West side of parcel are commercial and the East and North sides are Residential Single Family. Based on market research, Sanger is in need of additional housing, specifically 3 bedrooms because there is a significant demand for such houses and currently a shortage of supply. Thank you for your time, Brandon Miller JBM Interests LLC Attachments: 1, Zoning Change Application 2. 3D Site plan package 2015 City of Sanger Official Zoning Map Legend inch=�200feet inch=�200feet bjD r_ m LL Im 0) m cu L. u ocdAO (11 'J '; Out Rd V, lilt :14U — X1'N3ONV6 09"llYH 6H9163Q3HOH530VM --- — 3NNQ'NNNY l0E Opts-Cl -- 535f10HNM01 99N I -JONd t04ZLVA'N3d3d'n9 3�1113�JVd NONN�ne oavaHbwt 5 = v_v :r.oaew�s,a namea 9ll SH9t53Q BioOH o3QVM`rYo o N N (jJ , µ CCC � f f` Q w'^ to ^O CL lL dO z w > z w ELm Q w d z O K z wQ' C-4 Ov- LL KO Uz tnp�IL 0 W 1 K ' tL (L Ill O Oz E q O d ca O w -' t- w q v d v z ►- v �_ o - O > ry w Ll r° q 1- < z to w O p O F a N wNx2 U Lnp om WW a�w n N w t() Z li w (LT z Q' i w to fl z o d N v- w z a_ m U) cn- Q a p_j m S3 0 to Ln O fl v R [a ,v w < Q1 n 0 oz�tn u- -Aw Z -i } O z o w a V U- z Cl O O N O v to Q, p Ili U ri a~ I"� W W w z V V Q Q q Ll V !I (L <C tu z n_ z tL N w O X1'NaONYG 09'IIYW 5N9153a3WOH53aVM N 3AJNC 2599NA t06 06 A- ig 055 \ 10;iSyl MOOY3M 6 ry 535(IDHNMO111Nf15 (L)'dONd u+ ad,191s a, 4" bh61 ��7 5N91534 _? 53tlbM o 3mnme ssrnnwea 3Ntl� 3533V: 3FM0 3S33n± 3N11a 3S3in3 — I I I i ( 1 I I 1 11JI ��) � � � �� �'� lol Z I t 9Nf'tnYd"�I:dJ'J1ILLSOGi ® I SNUVd'Ot10O a350dOHd ii � � 1 JI I0I 1 1 n I I I mii, i ICI I II 11 11 11 1 ID ,i �s ------------------------------- iAlYU301Yi _ _ 1 1t K 7 1 S 1 Wry 1, PETITIONPETITION PETITION SANGER,CITY OF : PLANNING AND xm" DEVELOPMENTPUBLIC ON MONDAY, JULY 13 AT 7:OOPM AT PUBLIC WORKS AND REZQNING.'OF LAND LOCATED ON SOUTHOF "ESEORIVE, OF DAVID DRIVE FROM B-1 BUSINESSDISTRICT TO RESIDENTIAL _, DISTRICT. SANGER'STHE CITY OF i SEPARATE i.._ HEARING ' ► AT7:OQPM.AT THE COUNCIL CHAMBERS AT CITY HALL, 502 ELM STREET. • ,ALL • : , • .. ax*--u SIGN NAME PRINT ADDRESS PRINT PHONE NUMBER CITY.OF SANGER - PETITION - REZONE: FROM 13-1.1'0 MF-2 - FREESE DRIVE rage t r i { PETITION PETITION PETITION 12. z Aeyr c - 25. t�P/!ti rA -- -OF SANGER - PETITION - REZONE FROM B-1. TO MF-2 - FREESE DRIVE Page 2 i PETI ION 34. s ME �,- -5 25 PETITION j4 t r od 1 . .--/ .r-. _ 54. M � E I CITY�OF SANGER - PETITION - REZONE FROM B-1 TO MF-2 - FREESE DRIVE Page 3 I f 1 I 12:111KOU -. , CITY OF SANGER - PETITION - REZONE FROM B-1 TO MF-2 - FREESE DRIVE Page 4 RESPONSE FORM To: City of Sanger Planning & Zoning Commission / From: w, 4 �Ia lGl� �(� � [Property Owner] Date: Re: A proposed rezoning of approximately one acre of land located on the west side of Freese Drive, south of David Drive from B-1 Business District to MF-2 Multi- family Residential District Public Hearing: 7:00 PM, duly 13, 2015, Public Works Building 201 Bolivar St. I support the proposed rezoning ❑ I oppose the proposed rezoning ?�( Cnmm ents: A This notice provided me with enough information ❑ This notice did not provide me with enough information �] Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940-458-2059 _i shum ate(a),s angertexas. orb RESPONSE FORM To: City of Sanger Planning.& Zoning Commission From: ti% [Property Ownerl Date: Re: A proposed rezoning of approximately one acre of land located on the west side of Freese Drive, south of David Drive from B--1 Business District to MY-2 Multi- family Residential District -- - —PWfi -c ea�ririg: , 7;00-PIV1;_A&y 13; 20I3; Publie Worlo, Building 201 Bolzvar St. I support the proposed rezoning I oppose the proposed rezoning] (yntrtrinnfa. This notice provided me with enough information This notice did not provide me with enough information Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940-458.2059 jshumate a_,sanLYertexas.org �1ge� TEXAS P.O. Box1729 *201 Bolivar &*Sanger, TX 76266 * 9A0-A5&-7930 June 22, 2015 To: Property Owners From.: Joseph Iliff, Director of Development Services i o of Public Hearing - — - -- - - The City of Sanger's Planning and Zoning Commission will conduct a public hearing on Monday, July 13, 2015 at 7:00 P.M. to consider a proposed rezoning of approximately one acre of land located on the west side of Freese Drive, south of David Drive from B-1 Business District to MF-2 Multifamily Residential District. The City of Sanger's City Council will conduct a separate public hearing Monday, July 20, 2015 at 7:00 P.M. to consider this request. The Planning & Zoning Commission will meet in the Meeting Room of the Public Works and Development Services Building at 201 Bohyar-Street The City Council meets in Council Chambers at City Hall, 502 Elm Street. All interested citizens and property owners are hereby notified of their right to appear and be heard on the matter. You may also return the attached response form to Development Services to indicate if you support or oppose the proposed zoning change. l JDZ: js Enclosures RESPONSE FORM To: City of 'Sanger Planning & Zoning Commission From: Date: erty Owner] Re: A proposed rezoning of approximately one acre of land located on the west side of Freese Drive, south of David Drive from B-1 Business District to MT-2 Multi- family Residential District 7:00-'PM,'-SWY13-201-5-,-Public Works Wlii4fd--'201"�-'---,----'-'-'*''-'"' Building Bolivar St. I support the proposed rezoning I oppose the proposed rezoning 'I Comments: This notice provided me with enough . information This notice did not provide me with enough information a Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940-458-2059 ish maieAsangertexas.ora RESPONSE FORM To: City of Sanger Planning & Zoning Commission From: Owner] Date:._` Re: A, proposed rezoning of approximately one acre of land located on the west side of Freese Drive, south of David Drive from B-1 Business District to MF-2 Multi- family Residential District -- vP�u lic Heaxxrig: -7:00-PM,-July 139 201�PulilicW6i!is $wilding 201 Bolivar St. -- - - - _ I support the proposed rezoning ❑ I oppose the proposed rezoning Comments: This notice provided me with enough information _ This notice did not provide me with enough information ❑ Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940-458-2059 jshum ateLa-),sangertexas.org RESPONSE FORM To: City of Sanger Planning & Zoning Commission From: L4W-L 1 1 Date: 151 Owner] Re: A proposed rezoning of approximately one acre of land located on the west side of Freese Drive, south of David Drive from B-1 Business District to MF-2 Multi- family Residential District _.._._.-.-._..._ -..:_. ._. ,_ ur�lic-33ea�rznig: 7:00"P'Tvi;�J�uly 13; 2013; Public'VVoirks Building 201 Bolivar St. I support the proposed rezoning [] I oppose the proposed rezoning Comments: This notice provided me with enough information This notice did not provide me with enough information Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940-458-2059 .jshumateAg MZertexas.ora RESPONSE FORM To: City of Sanger Planning & Zoning Commission From: -fLU A e Jed [Property Owner] Date: CJ t.0y ZIfll Re: A proposed rezoning of approximately one acre of land located on the west side of Freese Drive, south of David Drive from B-1 Business District to MY-2 Multi- family Residential District -- --- — -—PulSlzc I3ea�rznig: 7i 00" F'IVI;�'u�y 13,-2015 Public Works Building 201 Bolivar St. I support the proposed rezoning ❑ I oppose the proposed rezoning Comments: This notice provided me with enough information ❑� This notice did not provide me with enough information Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940-458-2059 ishumateAsanaertexas.ora RESPONSE FORM To: City of Sanger Planning & Zoning Commission From: _%, C, 4- /Wr�17�/C1V-eg jProperty Owner] Date: 17'vl✓ Re: A proposed rezoning of approximately one acre of land located on the west side of Freese Drive, south of David Drive from B-1 Business District to MF-2 Multi- family Residential District Public Hearing: 7:00 PM, July 13, 2015, Public Works Building 201 Bolivar St. I support the proposed rezoning ❑ I oppose the proposed rezoning Comments: 6ze Ad- c�GOri rob 4"'w r This notice provided me with enough information rU�vxvi' i J e, r �A6 s? c� This notice did not provide me wit enough information Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940-458-2059 ishumate a,sangertexas,or RESPONSE FORM To: City of Sanger Planning & Zoning Commission From: C 0 �t,{ A McJAQ'Y%'j [Property Owner] Date: ( ' r�)-U 1 Re: A proposed rezoning of approximately one acre of land located on the west side of Freese Drive, south of David Drive from B-1 Business District to MF-2 Multi- family Residential District Public hearing: 7:00 PM, July 13, 2015, Public Works Building 201 Bolivar St. I support the proposed rezoning I oppose the proposed rezoning FEE This notice provided me with enough information This notice did not provide me with enough information Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940-458-2059 ishumate a,sangertexas.org RESPONSE FORM To: City of Sanger Planning & Zoning Commission From.: „ f o & l- y 4 N -b I)/ 2'-1"V 1/9- R 41w, Date: 7161S roperty Owner] Re: A proposed rezoning of approximately one acre of land located on thewest side of Freese Drive, south of David Drive from B-1 Business District to MF 2 Multi- family Residential District Public Hearing: 7:00 PM, July 13, 2015, Public Works Building 201 Bolivar Si. T support the proposed rezoning [] Z appose the proposed rezoning Comments: /fOUSE/4/ 5A16CIL OWD' 7t115' /LE/a/ -/3 p l= G-oGftT/oA) !�I /N/ M,9 I- %_ A,,`r !c � n/a /�Ir�/rt�r9 G A/oiSE o? /fI/S WAS I 4 vb 8()S. _i SNP tiCC-O.s�— .�, l7�UL�l �Fi� � /L�/ APB ►2ir� ��vTS l�/L � t3 �= ©vim � F PG-�c.�'' S 105 % %1 oZ /3r0,94-7-�i E-,U S E Vd - 7'//B This notice provided_me with enough inforrmatiou ❑ This notice did not provide me with enough information Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940-458-2059 .ishumate(i7sauaertexas.org 71 %GvG SlGr2 1�loffP/&te=(%% /2L slb67_V7S l✓Iz- /3C dLE 7 S�EJ sS�fyd � DAI S2-1U £7' GL)l� q 1 /5A4 Te.(F /-06IG5 bv/N G V'.#N 5 %///S M-00b�v ray o ,2�C2 5e)ulecc J 1+-5' D /75 GU O `t C C?" 7`11/S / A/ i �/ �r h7/q 7L , RESPONSE FORM To: City of Sanger Planning & Zoning Commission t. From: Cf} Y' qN p Y f} o Q (-:�-km t S G" [Property Ownerj Date: Re: A proposed rezoning of appiroxiznately one acre of land located on the west side of Freese Drive, south of David Drive from B-I Business District to MF-2 Multi- family Residential District — .-Public Hearing; 7:00 PM, July 13, 2015, Public Works Building 201 Bolivar St. I support the proposed rezoning ❑ I oppose the proposed rezoning Canaments: - 7- - :I h yiW Gt cx rV� f w 0.r..,'T ✓N u c-�.- �r��/L � N'th lUd �.3 � �. .. _!- �%v 6 r ram* 0"'"Z' / t Y 7-4- ec This notice provided me with enough information This notice did not provide me with enough information ❑ Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, T� 76266 940-458-2059 ishumateAsangertexas.or RESPONSE FORM To: City of Sanger Planning & Zoning Commission From: ,�� vltit Ave17 S [Property Owner] Date: Re: A proposed rezoning of approximately one acre of land located on the west side of Freese Drive, south of David Drive Prom B-1 Business District to MF-2 Multi- family Residential District Public Hearing: 7:00 PM, July 13, 2015, Public WorIo Building 201 Bolivar St. I support the proposed rezoning ❑ I oppose the proposed rezoning X Comments: This notice provided me with enough information IK This notice did not provide me with enough information ❑ Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940-458-2059 ishumate(iD,s angertexas. org RESPONSlE FORM To: City of Sanger Planning & Zoning Commission From: 1% % �� `' ]Property Owner] Date: Re: A proposed rezoning of approximately one acre of land located on the west side of Freese Drive, south of David Drive from B-1 Business District to MF-2 Multi- family Residential District Public Hearing: 7:00 PM, July 13, 2015, Public Works Building 201 Bolivar St. I support the proposed rezoning ❑ I oppose the proposed rezoning Comments: This notice provided me with enough information This notice did not provide me with enough information Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940458-2059 jshumate(&saneertexas.org a RESPONSE FORM To: City of Sanger Planning & Zoning Commission From:014AI)OfProperty Owner] Date: Z 40, 1-16 Re: A proposed rezoning of approximately one acre of land located on the west side of Freese Drive, south of David Drive from B-1 Business District to MF-2 Multi- family Residential District Public Hearing: 7:00 PM, July 13, 2015, Public Works Building 201 Bolivar St. I support the proposed rezoning ❑ I oppose the proposed rezoning tt!= X This notice provided me with enough information ❑ This notice did not provide me with enough information Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940-458-2059 ishumateAsanaertexas. or RESPONSE FORM To: City of Sanger Planning & Zoning Commission From: Owner] Date: Re: A proposed rezoning of approximately one acre of land located on the west side of Freese Drive, south of David Drive from B-1 Business District to MF-2 Multi- family Residential District Public Hearing: 7:00 PM, July 13, 2015, Public Works Building 201 Bolivar St. I support the proposed rezoning ❑ I oppose the proposed rezoning rnmmA"+Q- 10 This notice provided me with enough information This notice did not provide me with enough information Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger; TX 76266 940-458-2059 jshumate a,sangertexas.org j orsuQl��, 4 r RESPONSE FORM To: City of Sanger Planning & Zoning Commission From:, jIe Es4tr [Property Owner] Date:{ Re: A proposed rezoning of approximately one acre of land located on the west side of Freese Drive, south of David Drive from B-1 Business District to MF-2 Multi- family Residential District Public Hearing: 7:00 PM, July 13, 2015, Public Works Building 201 Bolivar St. I support -the proposed rezoning I oppose the proposed rezoning Comments: FIRM10 rd � � lbw, M klvL�ze� I-axy— This notice provided me with enough information This notice did not provide me with enough information [] Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940-458-20S9 .jshumate(a,san,ertexas. orb Joe Iliff From: Carol <faharper@msn.com> Sent: Thursday, July 09, 2015 2:17 PM To: Joe Iliff Cc: Carol Subject: Protest to Proposed Rezoning Mr. Iliff, It has recently come to my attention that the Sanger Texas Planning & Zoning Commission is proposing to rezone approximately one acre of land located on the west side of Freese Drive, south of David Drive from B-1 Business District to MF-2 Multi -family Residential District. I purchased this property because there was minimal noise and traffic. This area also offered relative privacy and was close to a local park and restaurant. This area is perfect for single family homes and for small businesses but not for multifamily housing. The streets in the city are already in disrepair and the additional heavy trucks needed to maintain the multifamily dwelling would only make it worse coupled with the loss of privacy for the single family home owners directly surrounding these buildings. As a tax payer I feel poorly represented because the City of Sanger Development Services only did the minimal by notifying only those homeowners within 200 feet of the proposed rezoning. This has an impact for many more home owners in the area and yet our voices has been disregarded. Would you please indicate by responding to this email so that I know my voice will be heard and will count as opposing this rezoning. Respectfully Carol Harper faharper@msn.com 940-3 67-6421 RESPONSE FORM To: City of Sanger Planning r&Zoning Commission From: 1 ► C �� �` �[.i�rt I �I lGU (�L Date: MonAiLlUnL. 19Th erty Owner] Re: A proposed r zoning of approximately one acre of land located on the west side of Freese Drive, south of David Drive from B-1 Business District to MF-2 Multi- family Residential District ___-- Public Hearing: 7.00 PM, July 13, 2015, Public Works Building 201 Bolivar St. I support the proposed rezoning I oppose the proposed rezoning Comments: i r, This notice provided me with enough information S' r /t� L Gli 77�i z-f'�r' l�l�at/l J iit G!'t�IGG�t�j• This notice did not provide me with enough information A ✓ Please return to h vS� `�✓ // City of Sanger Development Services Box 1729 f' /12 P.O 201 Bolivar St����� W C C Sanger, TX 76266 940-458-2059�,� ,�� J ishumate@sangertexas.org oc bbl 5 C.5 %-"'Y P ' THE STATE OF TEXAS § COUNTY OF DENTON § SEWER MAIN PRO-RATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF SANGER, TEXAS, AND WHEREAS, C3'A-&\fZ'fCA1L& pvrm� ("Developer"). Whose business address is 2 �i� A %5 _ , wishes to develop and improve certain real property on FM 455 (as shown in Exhibi I, attached hereto and incorporated herein by reference) located in the City of Sanger, Texas, or its extraterritorial jurisdiction, and is required by the City to provide such property with adequate sewer service and to oversize the Facilities to serve other property in the drainage basin by designing, construction ad installing an eight inch (8")sewer main and all necessary appurtenances; and WHEREAS, the City of Sanger, Texas ("City"), a municipal corporation, P.O. Box 1729, Sanger Texas 76266, in accordance with Section 13.104 of its Code of Ordinances, may reimburse Developer for a portion of the costs of the oversized sewer improvements required by the City and installed by the Developer based upon pro-rata charges paid to the City b persons subsequently connection to the sewer main; NOW THEREFORE, in consideration of their mutual promises, Developer and City agree as follows: 1. Developer has designed, installed and constructed an eight inch (8") sewer main and all necessary appurtenances thereto ("Facilities"), which serves an area of approximately 10 acres, located as shown on Exhibit "A", attached hereto and incorporated herein by reference. This sewer main and all necessary appurtenance shall be subject to pro-rata reimbursement in accordance with this Agreement. 2. The cost of the design, construction, and installation of the oversize of the Facilities subject to pro-rata reimbursement is: $ 3/ Developers cost) the Developer may collect only ninety percent (90%) of the overall cost (cost of oversizing) or $ per one percent of capacity utilized by others. 3q 4 ol,q 3. The price per percent used for serving the off -site area, based upon the total available capacity, minus the Developer's usage is $. ,WM Pro-Rata payments for off -site service areas will be based upon the gross area of the new development located within the service area. 4. The City shall collect a pro-rata charge from any person connecting to the off -site Facilities in accordance with the provisions of Section 13.104 of the Code of Ordinances of the City. Within one hundred eighty (180) days of the receipt of pro-rata charges, on the last of day of June and December, the City shall transfer the amount collected to Developer. S. The City shall transfer to Developer pro-rata charges as are collected for a period of time for ten (10) years from the date Facilities are accepted by City as specified herein, but shall not transfer or reimburse to the Developer any amount of funds in excess of the certified cost of the Facilities, as determined by the city Engineer. The City of Sanger shall never be liable for payment of interest on any deposits or refunds provided under this Agreement. 6. The parties hereto recognized that the Facilities subject to this Agreement are necessary to provide sewer service to the Developer's property. 7. The pro-rata charges to be collected by the City and transferred to Developer in accordance with the ordinances of the City and this Agreement are intended to reimburse the Developer for the Developer's cost of the Facilities by requiring persons connecting who benefit thereby to participate in the cost of the Facilities. This Agreement shall not be considered to impose any obligation or liability upon the City to pay for the Facilities from it s general revenues, bond funds or any other revenues it may receive, except for those pro-rata funds received from persons connecting to such Facilities. 8. Should any court of competent jurisdiction determine that all or part of the City's ordinance on which the pro-rata charges to be paid to Developer under this Agreement are based is unlawful or invalid, the City may cease to charge or collect, the pro-rata charges for connection to the Facilities, and will have no further obligations hereunder. 9. All notices, payments or communications to be given or made pursuant to this Agreement by the parties hereto, shall be sent to Developer at the business address given below and to the City Manager for the City at the address given below. 10. The Developer shall indemnify and hold the City harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of injury to property or person occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this Agreement, and Developer will, at its own cost and expense, defend and protect the City against any and all such claims and demands. 11. This instrument embodies the whole agreement for the parties hereto, and there are no promises, terms, conditions, or obligations other than those contained herein. This Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 12. Developer shall not assign this agreement without the express prior written consent of the City. 13. Any and all suits for any breach of this Agreement or any other suit pertaining to or arising out of this Agreement, shall be brought and maintained in the court of competent jurisdiction in Denton County, Texas, INVOICE SMB ENTERPRISES INC. 3201 CARMEL Work Period: 9/16/2014 TO 10/10/2014 DENTON, TX 76205 Invoice Date: 10/15/2014 Due Date: UPON RECEIPT ro: Beaver Builders Attn: Lori Brown Phone: 940-458-7354 Fax: 940-458-4250 SMB Job #: P1424 Email: lori@mackpro.com Cust Job #: 2970 FM 455 Address: 105 S Stemmons Suite #101 Job Name: Outstretched Arms Ct/St/Zp: Sanger, TX 76266 INV. # P1424-02 (CONTRACT AMOUNT 4 1 0 1 4 0 TOTAL $43,860.00 $43,860.00 $43,860.00 CONTRACT AMOUNT PERFORMED $43,860.00 LESS RETAINAGE 0% $0.00 LESS PREVIOUS PAYMENT $ 2,000.00 SUB TOTAL $41,860.00 $43,860.00 AMOUNT THIS INVOICE rim SMB Enterprises 1 of 1 CD CD ' s Mll Z $� 1' 111`=A g$ ev=' poi- Hi Sri rz rz�$ m N YJ 3 ® < 13 cz m Y -as � w CU N C ;a C r m m X >� V D m a z m M. m x a rn N 8 � C. 2!RIP om0m m m ° 1 N � ~ i 3 > II16 I M x III o s III I I as III I 3 I 'il i 9 $ CAVef .- E °"4 y GpEG EEWMDS ENGINEERING SERVICES. 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DEVELOPER: BY: I( �� /lMU,,-- PRINTED NAME:_ U-\%U a m mu TITLE: CITY OF SANGER: BY: THOMAS MUIR, MAYOR ATTEST: TAMI TABER, CITY SECRETARY 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: July 20, 2015 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ®ORDINANCE 07-12-15 ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Conduct a Public Hearing, Consider, Discuss, and Possibly Approve Ordinance 07-12-15 Granting a Specific Use Permit for an Accessory Dwelling Unit on the Property Located at 804 North Keaton Road.. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CIP []BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is 804 North Keaton Road, a 20+ acre tract on the west side of Keaton Road south of FM 455. The subject property is zoned A Agricultural District. The applicant is requesting a Specific Use Permit (SUP) to install an accessory dwelling unit behind (to the west of) the primary structure. The structure would be a pre -manufactured cabin measuring 14 feet by 28 feet. Accessory dwelling units are permitted in Agricultural Districts as follows: 34.3 Accessory dwelling units in the Agriculture and Residential districts shall be allowed as an incidental residential use of a building on the same lot or tract as the main dwelling unit and used by the same person or persons of the immediate family when approved as a Specific Use Permit, and meet the following standards: A. The accessory dwelling unit must be constructed to the rear of the main dwelling. Each lot must have a minimum of one-half (1/2) acre upon which an accessory dwelling unit may be constructed. B. The accessory dwelling unit may be constructed only with the issuance of a Building Permit. C. The accessory dwelling unit may not be sold separately from sale of the entire property, including the main dwelling unit, and shall not be sublet. D. Setback requirements shall be the same as for the main structure. Staff mailed twenty eight (28) public hearing notices to the owners of properties within 200 feet of the subject property. Three were returned at the time of this report, both indicating support. STAFF OPTIONS & RECOMMENDATION Staff finds that the proposed SUP is in conformance with the requirements for an accessory dwelling unit described in the Zoning Ordinance. Staff recommends approval of the proposed SUP. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Proposed Ordinance 07-12-15 • Letter of Intent and Applicant's Exhibits Agencies: The Planning & Zoning Commission conducted a public • Returned Response Forms hearing on July 13 and unanimously recommended approval the rezoning. • Aerial Map of Subject Property ORDINANCE 07-12-15 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE OFFICIAL ZONING MAP TO GRANT A SPECIFIC USE PERMIT FOR AN ACCESSORY DWELLING UNIT IN AN A AGRICULTURAL DISTRICT ON PROPERY LOCATED AT 804 NORTH KEATON 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 a Specific Use Permit for an accessory dwelling unit within a A Agricultural District; WHEREAS, The City Council has found that finds the proposed Specific Use Permit meets the criteria set forth in the Zoning Ordinance and 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 A Specific Use Permit (SUP) is hereby granted to the property located at 804 North Keaton Road (Tract 61A, Tierwester Survey) to allow an accessory dwelling unit, subject to the following conditions: A. The accessory dwelling unit must be constructed to the rear of the main dwelling. Each lot must have a minimum of one-half (1/2) acre upon which an accessory dwelling unit may be constructed. B. The accessory dwelling unit may be constructed only with the issuance of a Building Permit. C. The accessory dwelling unit may not be sold separately from sale of the entire property, including the main dwelling unit, and shall not be sublet. D. Setback requirements shall be the same as for the main structure. 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 201h day of July, 2015. 0- 0 0zelnaa Mayor Thomas Muir ATTEST: City Secretary Tami Taber To: Planning and Zoning and City Council of Sanger Texas From: Kenny and Shelley Ruland 804 N. Keaton Sanger, Texas 76266 Re: Special Use Permit We wish to place a Leland Cabin beside our home located on 22 acres on North Keaton Rd. This will be a one-story, one bedroom, one bath, with a kitchenette/living area (14'x28'). It will have a metal roof to match our home and wood siding. We wish to have something that is attractive and complement the existing buildings on our property. It will be hooked to our current utilities. This cabin will be a place for my uncle to live. This cabin will set 500 feet from Keaton Road and 175 feet from the south property line. We have a very large driveway to accommodate an extra vehicle. This building should have no impact on adjacent properties or the neighborhood. Thank you for your consideration of this Special Use Permit. Shelley Ruland LL� 4 Lki-h pi `i, 1,7L -7b e ell au� 804 Keaton Rd N - Google Maps Page 1 of 1 https : //www. google. com/maps/place/8 04+Keaton+Rd+N,+S anger,+TX+76266/@3 3.3 641... 6/ 16/2015 804 Keaton Rd N - Google Maps Page 1 of 1 M https : //www. go o gle. com/m aps/place/8 04+Keaton+Rd+N,+S anger,+TX+76266/@3 3.3 646... 6/ 16/2015 'td, o :�, � 0 o 0 0 0 x H 7 x ty o �1 t, o til �0td o d o o 0 � c 4 . � � J s� a OO IMJ trJ r � `� RESPONSE FORM To: City of Sanger Planning & Zoning Commission From: Q_& mac- [Property Owner] Date: � Re: A proposed SUP for an accessory dwelling unit at 804 North Keaton Road Public Hearing: 7:00 PM, July 13, 2015, Public Works Building 201 Bolivar St. I support the proposed rezoning I oppose the proposed rezoning ❑ Comments: This notice provided me with enough information This notice did not provide me with enough information Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940-458-2059 is hum ate(ris an gertex as, ors u 01 RESPONSE FORM To: City of Sanger Planning & Zoning Commission From: Date: — Owner] Re: A proposed SUP for an accessory dwelling unit at 804 North Keaton Road Public Hearing: 7:00 PM, July 13, 2015, Public Works Building 201 Bolivar St. I support the proposed rezoning d I oppose the proposed rezoning ❑ Comments: A/ Urc' 1 - /�i This notice provided me with enough information [� This notice did not provide me with enough information ❑ Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940-458-2059 j shumate(a,sanj4ertexas. ora INFORMATION Chris Felan Vice President Rates & Reoulatory Affairs June 29, 2015 City Official Re: Rider GCR - Rate Filing under Docket No. 10170 Enclosed is Atmos Energy Corp., Mid -Tex Division's Statement of Rider GCR applicable for the July 2015 billing periods. This Statement details the gas cost component of the residential, commercial, and industrial sales rates for customers within your city. This filing is for informative purposes only and no action is required on your city's part. Should you have any questions, please let me know. Sincerely, Ck-- a Attachment Atmos Energy Corporation 5420 LBJ Freeway, Suite 1862 Dallas, TX 75240 n na A ono nano = )IA 7na_'J97a (`hrlc+nnhor PaIannn nfmncanarnv rnm 2 m m m m C o •m o O O (o O O O (o r LO O LO Un Q) � O 6') O H O 0 00 O N . +. N �. V LO � � VN' Cl) 00 CNO CO (O t4 C '- Q to N C ell ('7 fA M 69. C EA @ @ Eg Ui N a) @ @ @ ca o U U U U U U U U o LO O Lo m CD rn O rn O rn •V Lfl Efl i- M (fl CO CO!-- 00 M ti LO d' 00 N O O 00 N O @ IT M G O) (O M 00 CO (DE O (O (O LO LO O co CD OR 0 <t a U � v d U ro m `o U ro V- N m a U U U U o Lo O Lo 00 O CO t- O M O co N G G ti I` ON O M CD 0) a) OM r h rn rn of 0') co co OD N T M u N a) 't M C' C T' ti N M O C Efl C H-T C ffi . 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