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06/02/2014-CC-Agenda Packet-Regulara2 TE S�gen AGENDA CITY COUNCIL MONDAY, DUNE 212014 7:00 PM 562 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: May 19, 2014 -City Council b) Disbursements 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Conduct a Public Hearing Regarding Rezoning Property Located on the West Side of Marion Road, North of FM455, From MF-2 Multi -Family Residential District to PD- TH Townhome Residential District and From SF-10 Single Family Residential District to 24 Two Family Residential District and B-1 Business District. 6. Consider, Discuss and Possibly Approve Ordinance #06-08-14 -Rezoning Property Located on the West Side of Marion Road, North of FM455, From MF-2 Multi -Family Residential District to PD-TH Townhome Residential District and From SF-10 Single Family Residential District to 2-F Two Family Residential District and B-1 Business District. 7. Conduct a Public Hearing Regarding Granting a Specific Use Permit for a Mobile Home as a Fixed Dwelling in an Agricultural Zoning District Located at 10977 Metz Road. 8. Consider, Discuss and Possibly Approve Ordinance 406-0944 - Granting a Specific Use Permit for a Mobile Home as a Fixed Dwelling in an Agricultural Zoning District Located at 10977 Metz Road. 9. INFORMATION ITEMS: a) Financial and Investment Report -April 10. 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: remain posted until Tami Taber, City Secretary City of Sanger, Texas adjourned. .m. and shall 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) 4584930 for further information. MINUTES: CITY COUNCIL MEETING May 19, 2014 PRESENT: Mayor Thomas Muir, Councilman Billy Ezell, Councilman Russell Martin, Councilman Gary Bilyeu, Councilman Scott Stephens and Councilman Allen Chick OTHERS PRESENT: Mike Brice City Manager and Tami Taber City Secretary 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:00 p.m. Councilman Chick led the Invocation followed by Councilman Bilyeu leading the Pledge of Allegiance. 2. Consider, Discuss and Approve Ordinance #05-07-14 -Canvassing the Results of Votes for the Purpose of Electing Candidates to the Office of City Council of the City of Sanger, Texas, for the General Election Held on May 10, 2014, Declaring the Results of That Election and Providing for an Effective Date. Councilman Martin made a motion to approve. Seconded by Councilman Ezell. Motion carried unanimously. 3. Issue Certificate of Election, Statement of Elected Officer and Oath of Office. 4. Appoint Mayor Pro-Tem. Councilman Martin nominated Councilman Stephens. Seconded by Councilman Ezell. Motion carried 4A. Councilman Stephens abstained. 5. 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). None. CONSENT AGENDA 6. a) Approval of Minutes: May 5, 2014 -City Council b) Disbursements c) Consider, Discuss and Approve an Intei•local Agreement Between Denton County, Texas and the City of Sanger to Provide Labor and Materials for Road Reconstruction, Roadway Improvements and Storm Water Drainage Improvements in the Amount of $75,126.25 d) Consider, Discuss and Approve an Interlocal Agreement Between Denton County, Texas and the City of Sanger to act as Tax Assessor and Tax Collector Councilman Ezell made a motion to approve. Seconded by Councilman Stephens. Motion carried unanimously. Consider any Items Removed From Consent Agenda, None. REGULAR AGENDA 8. Consider, Discuss and Possibly Approve Scope of Services for Wastewater Treatment Plant Improvements by Alan Plummer Associates, Inc. Councilman Bilyeu made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 9. INFORMATION ITEMS: a) All American Dogs Report - April 10. Adjourn. Mayor Muir adjourned the meeting at 7:22 p.m. 5/22/2014 4:42 PM A / P CHECK REGISTER PAGE: 1 PACKET: 06566 SHAKOS TRINITY VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. PESO TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 07860 ACT PIPE SUPPLY, INC I-907150 WELL#3 PARTS R 5/21/2014 200.68CR 056997 200.68 02460 AT&T MOBILITY 1-04282014 AT&T MOBILITY R 5/21/2014 752.56CR 056998 752,56 00420 BOUND TREE MEDICAL, LLC I-81398516 EMS SUPPLIES R 5/21/2014 177.41CR 056999 I-81405907 ENS SUPPLIES R 5/21/2014 522.90CR 056999 I-81407245 EMS SUPPLIES R 5/21/2014 51.000R 056999 I-81413658 EMS SUPPLIES R 5/21/2014 7.69CR 056999 759.00 00440 BRAZOS ELECTRIC C-I-30023-RI-I BRAZOS ELECTRIC R 5/21/2014 13,269.92 057000 I-30023-RI I BRAZOS ELECTRIC R 5/21/2014 13,269.92CR 057000 I-30023-RI-I BRA20S ELECTRIC R 5/21/2014 13,269.92CR 057000 13,269.92 12760 CINTAS, INC. 1-492183830 UNIFORMS OCT13-SEPT14 R 5/21/2014 66.97CR 057001 I-49218GS26 UNIFORMS OCT13-SEPT14 R 5/21/2014 66,97CR 05700L 133,94 0" CITY OF SANGER 1-032014 Library Cash Drainer R 5/21/2014 50.000R 057002 50.00 00740 DCAD I-6557 CDC SIR ALLOCATION R 5/21/2014 5,167.37CR 057003 51167,31 18190 DEPARTMENT OF INFORMATION RESOURCE 1-14041031N DEPARTMENT OF INFORMATION RESO R 5/21/2014 25.40CR 057004 25.40 03720 HIS COMMUNICATIONS, INC. 1-31405485 SERVICE R 5/21/2014 200.000R 057005 200.00 17640 DOLLAR GENERAL - CHARGED SALES I-1000304313 CLEANING/OFFICE SUPPLIES R 5/21/2014 133.95CR 057006 133.95 20980 EXPRESS SERVICES, INC. I-14034890-5 FOSTER/SAAVEDRA R 5/21/2014 905.82CR 05700 I-14074400-4 EXPRESS SERVICES, INC. R 5/21/2014 1,168.80CR 057007 2,074.62 23820 FERGUSON WATERUORKS 1-0641440 PARTS FOR WATER LINE R 5/21/2014 456.18CR 057008 456.18 5/22/2014 4:42 PM A / P CHECK REGISTER PAGE: 2 PACKET: 06566 BRAZOS TRINITY VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DEBT TYPE DATE DISCOUNT MOUNT NO4 AMOUNT 18790 FUELMAN I-NP41284048 FUEL USAGE R 5/21/2014 2, 621. 02CR 057009 21621,02 05900 FULTONS I-000101206539 ANGLE IRON R 5/21/2014 190. OOOR 057010 I-000101206685 RECEIVER HITCH R 5/21/2014 162.90CR 057010 352.90 25060 LEMONS PUBLICATIONS INC I-2668 NEWPAPER AD R 5/21/2014 228.25CR 057011 228.25 04300 NCTCOG I-68237 PLANIMETRIC R 5/21/2014 747.72CR 051012 147.72 27290 NEWMAN SIGHS, INC I-ti-0273334 NO PARKING SIGNS, L, R R 5/21/2014 109.31CR 057013 109.31 24940 NTTA 1-46927658 TOLL CHARGE R 5/21/2014 6.96CR 057014 6.96 1 PARISH, DANIEL I-05172014 COMB CENTER R 5/21/2014 LOO.000R 057015 100.00 1, PATHEARK TRAFFIC PRODUCTS OF TEXAS,INC. I-004571 SPECIAL SIGNS FOR PROJECT R 5/21/2014 26.000R 057016 26.00 24430 PIERCE PUMP COMPANY L.P. I-6500 COWLING -NEW PUMP R 5/21/2014 191219.20CR 057017 19,219.20 26560 PRECISION DELTA CORPORTATION I-321 1000 ROUNDS R 5/21/2014 504.89CR 057018 504.80 02170 REINERT PAPER L CHEMICAL, INC. I-311143 CLEANER, TOWELS, SOAP R 5/21/2014 97.62CR 057019 97.62 25970 REPUBLIC METERING GROUP, INC I-1108 METERS, CONNECTORS R 5/21/2014 5,351.00CR 057020 5,351.00 11170 RICOH USA, INC: QDS 1-25141145 COPIER LEASE R 5/21/2014 227.71CR 051021 227.71 24810 RLC CONTROLS, INC I-5096 REPAIRS FOR COMMUNICATION R 5/21/2014 375.00CR 057022 375.00 5/22/2014 4:42 PM A / P CHECK REGISTER PACKET: 06566 BRAZOS TRINITY VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT VENDOR NAME / I.D. DESC 25590 SCHNEIDER ENGINEERING I-00000021792 SCHNEIDER ENGINEERING 02310 SHERWIN WILLIAMS I-0344-6 LINE STRIPER 16040 SHOW ME BOOKS I-24127 P8X11 CHILDREN'S NON FICTION 1 SHUMATE I-05102014 COME CENTER 09550 SOUTHWEST CHEMICAL, I NO. I-99384 CHLORINE REFILLS -ANNUAL 08970 TEXAS METER 6 SEWER CO I-195469 PARTS FOR WATER DEPT 27200 THE FAIN GROUP, INC I-4/1/14-4/30/14 SWITZER PARK 1 TRI-COUNTY MATERIALS L SERVICES,LP I-14525 TOP SOILCFLEX BASE 19260 TYLER TECHNOLOGIES I-025-96573 PURCHASE ORDERS I-025-97076 MAINTENANCE./UTILITY WEB 16550 UNIQUE PAVING MATERIALS I-236401 24 TONS OF ASPHALT 02910 UPPER TRINITY I-W271405 UPPER TRINITY 23760 VAULTLOGIX I-1677360 SERVER BACK UP IYR 18110 VEGA, SALOME I-051220141 REIMBURSE FOR POSTAGE ** 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 PAGE: 3 CHECK CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT N08 AMOUNT R 5/21/2014 165.000R 057023 165.00 R 5/21/2014 5,920.94CR 057024 51920.94 R 5/21/2014 330.000R 057025 330.00 R 5/21/2014 100.000R 057026 100.00 R 5/21/2014 1,350.000R 057027 1,350.00 R 5/21/2014 477.51CR 057028 477.51 R 5/21/2014 104,918.83CR 057029 104,918.83 R 5/21/2014 162.41CR 057030 162.41 R 5/21/2014 11424.58CR 057031 R 5/21/2014 110.000R 057031 1,534.58 R 5/21/2014 21179.25CR 057032 2,179.25 R 5/21/2014 19,498.06CR 057033 19,498.06 R 5/21/2014 801.000R 057034 801.00 R 5/21/2014 1.19CR 057035 1.19 NO$ DISCOUNTS CHECK Af4'1' TOTAL APPLIED 39 0.00 190,629.88 190,629.88 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 D.DO 39 0.00 190, 629.88 190, 629.88 5/22/2014 4:47 PM PACKET: 06602 defender VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT VENDOR NAME / I.D. DESC 24570 DEFENDER SUPPLY A / P CHECK REGISTER I-7619 2019 CHEVY SILVERADO I-7620 2014 CHEVY SILVERADO REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 TOTAL WARNINGS: 0 PAGE: 1 CHECE CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT N08 AMOUNT R 5/22/2014 35,753.75CR 057036 R 5/22/2014 37,587.75CR 057036 73,341.50 NO$ DISCOUNTS 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 CHECK AMT 41.50 0.00 0.00 0.00 0.00 0.00 0.00 73, 341.50 TOTAL APPLIED 31341,50 0.00 C.00 0.00 0.00 0.00 0.00 73,391.50 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: June 2, 2014 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ®ORDINANCE 06-08-14 ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider, Discuss, and Possibly Take Action on Ordinance 06-08-14 Rezoning Three (3) Areas Along the West Side of Marion Road, North of FM 455, FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject properties are part of Sanger Trails and undeveloped. The applicant is renaming the development Sanger Circle. The applicant is not proposing to change the zoning of the existing single family homes along Windmill Drive and Wagon Wheel Drive or the Trails of Sanger apartments. The property north of the existing Trails of Sanger apartments is zoned MF-2 Multi -Family. The balance of the applicant's property is zoned SF-10 Single Family Residential District. The applicant is proposing to rezone three areas. Tract 1 is approximately 21 acres located north of the existing apartments and to be rezoned from MF-2 Multi -Family District to PD-TH Townhome District. This would permit the construction of single family attached dwelling units. The property would be subdivided, with each dwelling unit occupying its own platted lot. Tract 2 is approximately 9.2 acres located west of Tract 3, extending south and west of the intersection of Silver Spur Drive and Wagon Wheel Drive. The applicant is proposing to rezone Tract 2 from SF-10 to 2-F Two -Family Residential Duplex District. This would increase the number of dwelling units allowed in this area from approximately 43 single family detached units to 76 single-family attached units. Tract 3 is approximately 2% acres, located on the west side of Marion Road, south of Silver Spur Drive. The applicant is proposing to rezone this area from SF-10 to B-1 Business District. Staff mailed thirty (30) public hearing notices to the owners of properties within 200 feet of the subject property. Four (4) were returned at the time of this report, all expressing support. STAFF OPTIONS & RECOMMENDATION Staff recommends approval of the proposed ordinance rezoning the three areas. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Proposed Ordinance 06-08-14 Agencies: • Letter of Intent and Applicant's Exhibits The Planning & Zoning Commission conducted a public • Zoning Map hearing and recommended approval of all three rezonings. • Response Forms ORDINANCE 0&0844 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, REZONING PROPERTY LOCATED ON THE WEST SIDE OF MARION ROAD NORTH OF FM 455, FROM MF-2 MULIT-FAMILY RESIDENTIAL DISTRICT TO PD-TH TOWNHOME RESIDENTIAL DISTRICT AND FROM SF-10 SINGLE FAMILY RESIDENTIAL DISTRICT TO 2-F TWO FAMILY RESIDENTIAL DISTRICT AND B4 BUSINESS 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 applied to rezone the area north of the Trails of Sanger Apartments along Marion Road from MF-2 to PD-TH Planned Development Townhome District; WHEREAS, The applicant has applied to rezone the area south and west of the intersection of Silver Spur Drive and Wagon Wheel Drive from SF-10 to 2-17 Two Family Residential District; WHEREAS, The applicant has applied to rezone the area south of Silver Spur Drive from SF- 10 to B-1 Business District; WHEREAS, The City Council has found that finds the proposed rezoning is in accordance with the 2007 Comprehensive Land Use Plan; Now Therefore, BE IT O12DAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1 The following areas located west of Marion Road and north of FM 455 area more specifically described in the attached Exhibit B are hereby rezoned: Tract 1: Approximately 21 acres located on the west side of Marion Road approximately 735 feet north of Stagecoach Trail from MF-2 Multi -Family Residential District to PD-TH Planned Development Townhome District, with the attached development standards Tract 2: Approximately 9.2 acres located south and west of the intersection of Silver Spur Drive and Wagon Wheel Drive from SF-10 Single Family Residential District to 2-F Two Family Residential District Tract 3: Approximately 2.5 acres located on the west side of Marion Road south of Wagon Wheel Drive from SF-10 Single Family Residential District to B-1 Business 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 2nd day of June, 2014. APPROVED: Mayor Thomas Muir ATTEST: City Secretary Tami Taber LETTER OF INTENT Sanger Trails - Zoning Application April 16, 2014 This Letter of Intent is presented as required and shall be used to identify all information required by the City for this rezoning request. This letter includes the following as a part of the rezoning application: A. Metes and Bounds Description —Attached as part of this application is a metes and bounds description of the eastern portion of the property, approximately one hundred and twenty (120) acres of land, as owned by Sanger Trails Development LLC (see Exhibit "A"). In addition to this description, there is an overall property exhibit (Exhibit "B"), which graphically identifies the property and provides bearings and distances as provided in Exhibit "A". Also identified are three (3) individual tracts contained within the overall boundary. These three (3) tracts are requesting individual consideration and are shown with proposed zoning boundary with bearings and distances. B. The current zoning for the property is SF-7 (single family residential) with approximately twenty-one (21) acres of land, located on the northeast portion of the property, zoned as MF-2 (multi -family residential). C. The application requests four (4) separate changes to the current zoning. These changes are as follows: 1. Revise the zoning on the MF-2 tract to PD (Planned Development District) to allow for Townhouse uses on individually platted lots with a minimum size of 2,300 square feet (min. lot - 23' x 100'). 2. Request approval of a Conceptual Plan for Phase One of the Townhouse project. PD Development Standards will be included (Exhibit "C"). 3. Revise the zoning on approximately 9.2 acres of land to 2F (Two Family Residential District) for duplex uses located immediately west of the proposed C-2 tract and south of Silver Spur Drive. 4. Revise the zoning on approximately 2.3 acres of land to C-2 (Commercial) located at the southwest corner of Marion Road and Silver Spur Drive. D. The existing condition of the property within the requested area is undeveloped and vacant. Very few trees are scattered throughout the property. Significant hillsides are located within the proposed property with major views of adjacent properties and lakes. E. The re -zonings and Conceptual Plan requests, once approved by the City of Sanger, will allow for the development of the next phases of the Sanger Trails development. This proposes to include Phase One of a new residential townhome project. The townhomes propose less density than the existing multi- family (MF-2) zoning. An existing allowable density is currently 15 max, units per acre. The proposed Conceptual Plan for Sanger Circle Townhomes-Phase One proposes less than 10 units per acre. The townhome neighborhood will be developed for individual ownership on separately platted lots with the approval of the requested PD zoning. In addition to the townhomes, a neighborhood of duplex homes will be constructed at the southern entry into the community. These duplex homes will also allow the ownership of individual units. New residential streets are proposed to be constructed between the townhomes to the north of the development and then south to the proposed duplex neighborhood and existing Sanger Trails subdivision. The construction of an Amenity Center is to take place during the same first phase as the townhome and duplex neighborhoods. With a pool, playing fields and recreation rooms, the facility will be adjacent to dedicated parks and open space. The proposed linear park along the west side of the property will connect to proposed streets and neighborhoods between the northern and southern limits of the property. A Home Owners Association (HOA) will be created and maintained for all proposed development within the new Sanger Circle properties and neighborhoods. The proposed Amenity Center and park/open space properties will be owned and maintained by the HOA. If approved, the southeast corner of the property will allow for neighborhood retail uses on approximately 2.3 acres tract of land. Access into the proposed commercial property will be restricted to and from Marion Road only. F. Contact Information: Owner — Jonathan Wang Sanger an Development Sanger, Texas Applicant — Le Gant Homes, LLC 108 E. Houston Street Sherman, Texas 7509 Applicant Representative —Richard Horn, Jr., AICP 817-905-6520 cell rickhornplanning@gmail.com We will provide any additional information upon request that might be available for consideration during the rezoning process. We thank the City of Sanger for their consideration of this request. RESPONSE+ MICA To: city of Sanger Planning & Z.oning Gmnhissi6n ®wnerj Date: Re: Rezoning 3 areas oangee Circle development Indicate your support or apposition to each of the proposed changes by marking the boxes below. Area I (PI) -TIT) ALrea I SUPPORT the proposed rezonin / I OPPOSE the ro osed rezoning_ Please write any other questions or comments here: Please let us know how useful this notice was: AGREE I9ISEiGREE This notice provided me / with enough information y Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX: 76266 940458-2059 shumate(a)san gertexas. orb City of Sanger Development Services 04-29-14 Heck yes I support the changes. I bought my home and have lived here since 2007. I was lead to believe it would be a vibrant development; instead Mr. Wang did not make any attempt to create or make improvements, nor did he take an active part in enforcing the HOA rules. We people that did follow the rules and regulations were mostly ignored for our basic requests for improvements. We have become so disappointed in his failure to act that we have considered moving to another locale. I am very pleased to hear that Le Gant Homes LLC is coming in to clean up and elevate our subdivision. They not only talk the talk, they walk the walk and have already shown quick progress. Mr. Edwin McBirney has visited residents and explained in detail what will be forthcoming. He also furnished plot plans and pictures. Thank goodness we have a company here who will invest in our future and protect and enhance our property values. Too bad, after many, many, discussions with Mr. Wang; that he did not take the proper steps to do the same. Yes, Yes, Yes. My wife and I totally support these changes. Sincerely William and Helen Boutwell ���'' l���•� 4000 Windmill Drive Sanger, Texas 76266 ANY QUESTIONS TO OUR STANCE please contact us at 940-458-5814 To: City of Sanger Planning Zonfing From: V(7% /Nl� �? � [PropertyOwneA I Re: Rezoning 3 areas of Sangea Circle development Indicate your support or opposition to each of the proposed changes by marking the boxes below. Area 1 (PD-TIII Area(2- I SUPPORT the proposed rezoning I OPPOSE the proposed rezoning Please write any other questions or comments here: Please let us know how useful this notice was: AGREE DISAGREE This notice provided me with enough information / !/ Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940458-2059 pshumate(nD,sangertexas.org ro: City of Sanger Planning & Zoning Commission Coy] South 00 Date: 129waaa wall,Sanger, TX 76266-3287 Re: Rezoning a areas of Ssngen Circle development Indicate your support or opposition to each of the proposed changes by marking the boxes below. Area 1 PD4 H) Areal Area l SUPPORT the y 10� proposed rezoning ee I OPPOSE the proposed rezoning Please let us lcnonw how useful this notice was: AGREE DISAGREE This notice provided me with enough information Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940458-2059 pshumate(iD,sanertexas.or RESPONSE FOR➢4 To: City of Sanger Planning &s Zoning Commission Date: Re: Rezoning 3 areas of Sanger Circle development � ��IfIeCC�-v [Property Owner] P1422tl csF 1119SkV JPRIu_C71 Indicate your support or opposition to each of the proposed changes by marking the boxes below. Area 1 (PD-TH) Area Z (i3-I) Area 3 (2-I� I SUPPORT the l.� proposed rezoning I OPPOSE the proposed rezoning Please wa•ite any other questions or comments here: Please let us know how useful this notice was: AGREE DISAGREE This notice provided 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)s angertexas.org CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent. Reviewed by Finance I ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Council Meeting Date: Submitted By: June 2, 2014 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ®ORDINANCE 06-09-14 ❑ RESOLUTION # [:]APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider, Discuss, and Possibly Take Action on Ordinance 06-09A4 a Request for a Specific Use Permit for a Mobile Home as a Fixed Dwelling in an A Agricultural Zoning District Located at 10977 Metz Road, FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE [:]REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is 19177 Metz Road, located on the east side of Metz Road between FM 455 and Belz Road. The property and surrounding area are all located within an A Agricultural District. The property has an existing house and an accessory building on it. It is 4.85 acres in area. The applicant is requesting a Specific Use Permit (SUP) for a Mobile Home as a Fixed Dwelling, as permitted by the Zoning Ordinance. This would be in addition to the existing structures. There was a second unit in place on the property a few years ago. That unit was relocated. The electric and water connections for the second unit remain in place. Staff mailed eight (8) public hearing notices to the owners of properties within 200 feet of the subject property. Four (4) were returned at the time of this report. Two indicated support for the proposed SUP. Two indicated opposition to the proposed SUP. The four (4) returned forms are attached to this report. STAFF OPTIONS & RECOMMENDATION The Zoning Ordinance requires an SUP for the placement of mobile homes as fixed dwellings in an A Agricultural District in order to reduce or eliminate the potential for conflict between adjacent land uses. There is a cluster of homes and accessory buildings on similarly -sized properties adjacent to the subject property. There are also similar properties to the north at the intersections of Metz Road and Belz Road. The Wagon Master RV Park is located just to the south and west. If the Council determines the proposed SUP to be harmonious with the adjacent properties, the SUP can be granted. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Proposed Ordinance 06-09-14 Agencies: • Letter of Intent and Applicant's Exhibits The Planning & Zoning Commission conducted a public hearing and recommended denial of the proposed SUP. • Location Map cat This means that Council would need a 4/5 majority vote to • Zoning Ma p approve the SUP. • Response Forms ORDINANCE 06-0944 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A MOBILE HOME AS A FIXED DWELLING IN AN A AGRICULTURAL ZONING DISTRICT LOCATED AT 10977 METZ 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 (SUP) for a Mobile Home as a Fixed Dwelling; WHEREAS, The City Council has found that finds the proposed SUP 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 is hereby granted permitting a mobile home as a fixed dwelling on the property located at 10977 Marion Road, 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, please, 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 2°d day of June, 2014, APPROVED: Mayor Thomas Muir ATTEST: City Secretary Tami Taber Special Use Permit Request For 10972 Metz Rd. 19177 Metz Rd. Springer Family Rentals, LTD. April, 2014 Table of Contents: Letter of Intent Legal description Pictures of 10972 and 19177 Metz Road Bolivar Water Meter documents CoSery Electric Meter Septic System Pictures of modular to be moved Letter of Intent: March 14, 2014 10972 and 19177 Metz Rd. Sanger, Texas 76266 We own a property on Metz Road just North of FM 455, addresses 10972 Metz Road and 19172 Metz Road which has been annexed into the city limits in the recent past. This property had two dwellings, both of which were modular homes. One, 19177 Metz was moved; however, the existing Bolivar Water meter, Co -Serve electric meter, and the aerobic septic still remain. We are requesting the replacement of a modular home for one of our contractors at the 19177 Metz Road property. All utilities are separate for the two dwellings. The drive will not be modified as the same driveway has always served both properties. There are two storage buildings, one for each of the properties. To the south there is a modular home and what appears to be a construction office -yard. To the north there is a vacant lot with an abandoned modular. To the west is the Wagon Master RV Park. There is agricultural land to the east. There is very adequate off street parking. There will be no signs installed. The unit to be brought in is 14 feet by 66 feet. Please see pictures provided. Please note that this is a request for a special use permit which is temporary. When the unit (house) is removed, it expires, or if not removed it expires in ten (10) years. Thank you, I itlk tlIY..CCJLa���%Il�'�}v( U John Springer, Springer Family Rentals, LTD. Denton Central Appraisal District - PropertyDetails Page 1 of 3 Tax Information The Denton Central Appraisal District is n>t responsible £or the assessment or collection of taxes for this or any other property. If you have a question regarding your tax bill please contact the llcnton County Tax Assessor / Collector. General Information Owner ID ............................. Owner Name Timber Use Reduction In Rural Map 1dA SaUZ ........................................................................... 550099A .............................._................._..__.................. p cpert�.e- . rr SU - ..........................__...._..._." 630532 ..............._..................:............................... er N�ami.ly Rentals Ltd ............................................................... _.......... 100 ............................................................ _.......... Po Box 298 ........_............................................................ ... Sanger, TX 76266-0298 .........._...................._...................._...............__.. G01 (Denton County) C16 (Sanger City Of) ........................................................................... S14 (Sanger Isd) ............ _ ............................ ............................... . N/A ............................................................................. Denton _.r..., �'�IS l-) >u $95, 000 2013 Estimated Taxes Tax Rate Per Taxable Calculated Tax Ceiling Entity Name $100 Value Taxes Amount Denton County 0.289919$ $45,000.00 $128.21 N/A Sanger City 0.665� $45, 000.00 $299.25 N/A Of Sanger ISD 1.372067� $95,000.00 $617.93 N/A Estimated $1, 094.89 Total Taxes http://www.dentoncad.corn/index.php?option=com_content&task=view&id=100&Year=2... 3/ 13/2014 Denton Central Appraisal Dish•ict - PropertyDetails Page 2 of 3 DO COT Pi�Y T:�'.x PS S A,^.ED ON T'�E3L; FSTI�iAT^D TAY, iCS. You wi17. receive an official tax bill from the appropriate agency when they are prepared. Taxes are collected by the agency sending you the official tax bill. To see a listing of agencies that collect taxes for your property, �:aic'r. here The estimated taxes are provided as a courtesy and should not be re]_ied upon in making financial or other decisions. The Denton Central Appraisal District (DCAD) does not control the tax rate nor the amount of the taxes, as that is the responsibi7.ia y of each Taxing Jurisdiction. Questions about your taxes should be directed to the appropriate taxing jurisdiction. These tax estimates are calculated by using the taxable value as of 6:OOAM multiplied by the most current tax rate. It does not take into account other special. or unique tax scenarios. 2014 Improve�ttents Improvement 1157206 State Code A2 Improvement Type Mobile Home Class wi'ars tbis' Year Built Sq. Footage Typg r:ag� 1983 784 sq, feet Main Area 1983 209 sq. feet Attached Addition 1983 150 sq. feet Open Porch ... Improvement 1157207 State Code A.. Impzovement Type .Misc Imp OOTSOILDING Class W�'a`�stbis' ]E; ;C Land Segments Year Built Sq. Footage Type 17_0 sq. feet Res Storage Land Type Acres Sq. Ft. Resident Lot 4.85 211,266 sq. feet Property History Year Improvements) Land Market Appraised Assessed _07. 3. $2,000 $93, 000 $45,000 $95,000 $95,000 2!12 S10, C19 $60, 796 $70,765 $70,765 $70,765 ^O1 _. $10, 044 $60,746 $70,790 $70,790 $70,790 20 ].0 $11, 838 $60,746 $72, 589 $72, 589 $72, 584 20C9 512, 201 $60,746 $72, 947 $72,997 $72, 997 20G*� 512, 927 $60,796 $73, 673 $73, 673 $73, 673 2::�0% $13, 723 $60, 796 $74,469 $79,469 $74,969 $19,496 $38, 921 $53,917 $53,417 $53,917 .'006 20���5 $14, 882 $38, 921 $53, 803 $53, 803 $53, 803 �iO CAI $15,269 $38, 921 $54, 190 $54,190 $59,190 2 ti0°- $71,258 $38, 921 $110, 179 $110,179 $91, 5'/0 2002 $76, 480 $38, 921 $115,401 $115,401 $92, 642 2001 $76, 080 $31, 646 $107,726 $107,726 $89, 741 http://www. dentoncad.com/index.php?option=com_content&task=view&id=100&Year=2... 3/ 13/2014 Sanger Circle Planned Development Townhome District PD-TH PLANNED DEVELOPMENT TOWNHOME RESIDENTIAL DISTRIC I A General Purpose and Description: The PD-TH District is intended to provide for single-family attached residential uses. Density in this district is not to exceed ten (10) units per acre. 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. Height Regulations: No building shall exceed thirty-five (35) feet. Area Regulations: 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 (7Y2) 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. 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. 18.4 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. EXHIBIT "" 57a $ "Owl SaG x�4d°6 � 6=f a. r's'mnvedcJF- Ss�Of=a'�'¢ : s�-:72Fi-Cza}__ 6 14q r ��•_=,' \tl.xor qqs��,��/o.• Za• I Rojo=7.9`g ' j wa.ea 1 aqp° l,�•� 561"4Y 18"µ 95aV.r � LaB. Ur Y� Ye8 -C�Newrtf'�i�tfi—= M° � m za4st14 ; �-- Eu 7.A N (wL�M) TgAw (EXrStiN�'bP7nJh-5P'i)-- �- Nvi�u:E Nauj's f a 54yt`Zb'3a�W- 7 � i'aTlx:At.VIF(F�L>'11�I53t-ca•t4ort�'t'E. ir�w 10 �avEy waz FlN� t#+7a. 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Property to the South of 10972 and 19177 Metz Rd. Property to the West ot L0972 and 19177 Metz Rd. Driveway 10972 and 19177 Metz Rd. MEMBERSHIP TRANSFER AUTHORIZATION , Transferor hereby surrenders Membership in the Bolivar WSC by execution of the attached Stock Certificate. Water service rights granted by Membership and other qualification hereby cease contingent upon further qualification of the Transferee in accordance with the policies of the Bolivar WSC. By execution hereof, the undersigned hereby acknowledges that the Membership Transfer complies with the terms of one of the following items( 1)t hrough (4), thereby qualifying for transfer of Membership in accordance with the laws of the State of Texas. (1) The Membership is transferred by will to a person related to the Transferor within the second degree by consanguinity; or (2) The Membership is transferred without compensation to a person related to the Transferorwithin the second degree by consanguinity; or (3) The Membership is transferred without compensation or by sale to the Corporation; or (4) The Membership is transferred as a part of the conveyance of real estate from which the Membership arose. Transferee understands that qualification for Membership is not binding on the Corporation and does not qualify Member for continued water service unless the following terms and conditions are met: (1) This Membership Transfer Authorization Form is completed by the Transferor and Transferee; (2) The Transferee has completed the required Application Packet; (3) All indebtedness due the Corporation has been paid; (4) The Membership Certificate has been surrendered, properly endorsed, by the record Transferor; (5) The Transferee demonstrates satisfactory evidence of ownership of the property designated to receive service and from which the Membership originally arose;a nd (b) Any other terms and conditions of the Corporation's Tariff are properly met. Signature of Transferor �C�c�try �GGtiin�r.c.�-- CND-[-Q-�tr� �9-6'Lp-�' Signature of Transferee �aG FORM: RUS -TX 1780-9 (5/99) BOLIVAR WATER SUPPLY Please Print: APPLICANT'S CO -APPLICANT'S NAME: PROOF OF OWNERSHIP PROVIDED BY DRIVER'S LICENSE NUMBER OF ACREAGE NUMBER IN FAMILY SPECIAL SERVICE NEEDS OF APPLICANT: I.7 Z�].7r Y [il►l CORPORATION USE ONLY Date Approved Service Classification cost Work Order Number Eng. Update F�BILLING ADDRESS: o_. . Work, - of road, subdivision with lct and block number) Membership) HOUSEHOLD SIZE LIVESTOCK & NUMBER NOTE: FORM MUST BE COMPLETED BY APPLICANT ONLY. A MAP OF SERVICE LOCATION REQUEST MUST BE ATTACHED. The following information is requested by the Federal Government in order to monitor compliance with Federal laws prohibiting discrimination against_ applicants seeking to participate in this program. You are not required to famish this information, but are encouraged to do so. This information will not be used in evaluating your application or to discriminate against you in any way. However, if you choose not to furnish it, we are required to note the race/national origin of individual applicants on the basis of visual observation or surname. White, Not ❑ Black, Not Cl American Indian ❑ Hispanic ❑ Asian or ❑ Other ❑ Male of Hispanic of Hispanic or Alaskan Pacific (Specify) ❑ Female Origin Origin Native Islander EQUAL OPPORTUNITY PROGRAM PAGE l of 4 septic System 10972 and 19177 Metz Rd. _i hfP *kg'4- ' i K Y- rg 14 Modular Home to be Moved to. 19177 Metz Rd. RIESPON )V FORM To: City of Sanger Planning & Zoning Commission jo2'6a Po. From: C�<Ck [A JEJ i�CU-J" '7L36L- Date: Owner] Re: Specific Use Permit to allow Mobile Home as a Fixed Dwelling in an A Agricultural District on property located at 10977 Metz Road Public Hearing: 7:00 PM, May 12, 2014, Public Worlcs 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 94045&2059 �shumate &sangertexas.org RESPONSE FORM To: City of Sanger Planning cz Zoning Commission From: �- 4 �_ / �I Date: Owner] Re: Specific Use Permit to allow Mobile Home as a Fixed Dwelling in an A Agricultural District on property located at 10977 Metz Road Public I4earing: ^,:00 P31, Apri[ 14, 2014, Public S�'orl:s Building 201 Bolivar• St. I support the proposed rezoning ° I oppose the proposed rezoning ❑ Comments: This notice provided me with enough information i 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 ishumate n,sangertexas.ora RESPONSE FORM To: City of Sanger Planning &Zoning Commission From: (\1 W I l LbL6 T W LJ' A 4 l IL t) (�)1j [Property Ownerj Date: Re: Specific Use Permit to allow Mobile Home as a Fixed Dwelling in an A Agricultural District on property located at 10977 Metz Road Public Hearing: 7:00 PM, April 14, 2014, Public Works Building 201 Bolivar St. I support the proposed rezoning ❑ I oppose the proposed rezoningY 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 940-45&2059 ishumate i saneertexas.ora RESPONSE FORM To: City of Sanger Planning ez Zoning Commission From: Date: Owner] Re: Specific Use Pernut to allow D4obile home as a Fixed Dwelling in an A Agricultural District on property located at 10977 Metz Road Public Bearing: 7:00 PNI, April 14, 2014, Public Works Building 201 Bolivar St. I support the proposed rezoning ❑ I oppose the proposed rezoning 0 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 i shumate(iDs angertexas.or� c a m c x o 21 mcn rD3 �_ -� 5 �u o� s m2 ma- vT 7 0 > > w s (D x N= N N m (D W N � C CD pO CL O CAD O: N N G n d. G r2 N N c O' o ?. o..°O N 0(D c fl. -n O. 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