Geagouille  SEAGOVILLE CITY COUNCIL MEETING AGENDA MONDAY, DECEMBER 19, 2016 City Council Chambers, City Hall 702 N. Hwy 175 Seagoville, Texas 75159  WORK SESSION - 6:30 P.M.  AGENDA  1. Staff updates  2. 3. 4.  Discussion of agenda item(s) Employee Recognition Adjourn  REGULAR SESSION - 7:00 P.M.  AGENDA Invocation Pledge of Allegiance Mayor's Report Recognition of Visitors /1 Proclamations /1 Presentations Citizens Public Comment Period the agenda except for Public Hearing items]  [Each speaker will be allowed six (6) minutes to address the council on any item on    CONSENT AGENDA  1C. Consider approving City Council meeting minutes for December 5, 2016.  2C. Consider approving a Resolution authorizing the County of Dallas to resell tax foreclosed properties located at 318 Lakey Road, 320 Lakey Road and 322 Lakey Road, Seagoville, Texas, by public or private sale, to the highest qualified purchaser, as provided by Section 34.05 ofthe Texas Property Tax Code.  EPOKINRECOMMENDATIONSREQUESTS  3. Conduct a public hearing, discuss and consider amending the Seagoville Zoning Ordinance, by amending the City of Seagoville Code of Ordinance, Zoning Ordinance, Chapter 25.02, "Zoning Ordinance", amending the following Sections to increase the minimum square footage requirements: Division 4 (R-1 Single Family Dwelling District Regulations), Section 25.02.063(); Division 5 (R-2 Single Family Dwelling District Regulations), Section 25.02.083(); Division 6 (R-3 Single Family Dwelling District Regulations), Section 25.02.103(); Division 7 (R-4 Single Family Dwelling District Regulations), Section 25.02.123(); Division 8 (R-5 Single Family Dwelling District Regulations), Section 25.02.153(); Division 10 (D Duplex Dwelling District Regulations), Section 25.02.193(h); Division 11 (TH Townhouse District Regulations), Section 25.02.222(a); Division 12 (A. Apartment Dwelling District Regulations), Section 25.02.253(); and adopting a new Subsection in Division 24 (AG Agricultural District Regulations), under Section 25.02.583, to provide minimum square footage for dwellings located in Agricultural Districts; providing a repealing clause; providing a severability clause; providing a savings clause; providing aj penalty of fine not to exceed the sum oftwo thousand dollars ($2,000.00) for each offense and providing an effective date. (Barr) 4. Discuss and consider an Ordinance amending the Code of Ordinances by amending Chapter 23, Subdivisions, Article 23.04, Public Sites and Open Places, Section 23.04.004, "Park Land and Public Facility Dedication", to provide that development of all park land must comply with Article 19.10 and 23.03 of the Seagoville Code of Ordinances; by increasing the Park Development Fee to $500 per dwelling unit; providing that the requirement for dedication of park land applies to developments of at least two hundred and fifty (250) dwelling units; and repealing the provisions providing for cash-in-lieu of land; providing a severability clause; providing a savings clause; and 5. Discuss and consider an Ordinance amending Chapter 9, Fire Prevention and Protection, Article 9.04, Fireworks", ofthe Code of Ordinances by amending Subsection 9.04.001 (a) to prohibit the possession, use or discharge of fireworks within the city; amending Subsection 9.04.001 (b) to provide an exception for the sale of fireworks on property zoned as Planned Development with Light Manufacturing uses; and adopting a new Subsection 9.04.001 (c) to provide an affirmative defense to the possession of fireworks for transporting fireworks in a motor vehiçle; providing for a penalty of  providing an effective date. (Barr)  2    violation; providing for repealing, savings and severability clauses; providing for an effective date; and providing for the publication oft the caption hereof (Barr) 6.1 Receive Councilmember Reports - Items of community interest regarding which no action will be taken, as authorized by Section 551.0415 oft the Government Code. 7. Receive Citizen Comments - Citizens may speak 61 minutes each on any matter, other 8. Receive Future Agenda Items - Items to be placed on a future agenda which no action  than personnel matters, or matters under litigation. or discussion will be taken at this meeting.  9. Adjourn  Posted Thursday, December 15, 20161 by 5:001 P.M. PhubWls Christie Wilson, Interim City Secretary  As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed executive session for the purpose of seeking confidential legal advice from The City of Seagoville does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its programs or activities. If you have a request for services that will make this program accessible to you, please contact the City of Seagoville at least 72  the City Attorney on any agenda item listed herein.  hours in advance at (972)287-6819. (TDD access 1-800-RELAY-IX)  DATESTO: REMEMBER  Monday, December 26, 2016, City offices closed in observance of Christmas Day. Monday, January 2, 2017,City offices closed in observance of New Year's Day. Monday,January 9,2017 @ 7:00 p.m., Regular City Council meeting. Monday, January 16, 2017, City offices closed in observance ofl MLK Day.  3    INVOCATION  PLEDGEOFALLEGIANCE  MAYORSREPORT  VISITOR RECOGNITIONS  PROCLAMATIONS/PRESENTATIONS- Proclamation - Clarence Gilbert. Massey Police Department, presentation (James Sudduth)    OFFICE OF THE MAYOR  Giagalle  Oelamation  WHEREAS, on behalf of the City of Seagoville, Iwish to record our deep sorrow over the WHEREAS, Mr. Massey was a beloved father, smdhlestuigmndhale and friend  passing of Mr. Clarence Gilbert. Massey on November 13, 2016; and  of the community; and  WHEREAS, Mr. Massey was born in Lawrence, Texas on April 1, 1924; and  WHEREAS, Mr. Massey was survived by his wife Joyce Massey, three daughters, Sheila, Brenda and Gilda, 9 grandchildren, 22 great-grandchildren and many other family WHEREAS, Mr. Massey was a highly decorated war veteran serving in the US Army 43- 46, 188th Glider Infantry that became the 81st Bomber where he was a light machine WHEREAS, Mr. Massey received 3 bronze medals and 1 bronze arrowhead personally from that campaign and a bronze star and ribbon from the Philippine Liberation along WHEREAS, Mr. Massey was a longtime employee of Texas Instruments and enjoyed NOW, THEREFORE, I, Dennis K. Childress, Mayor of the City of Seagoville, on behalfof the entire City Council, wish to express our sincere appreciation to Mr. Clarence Gilbert Massey for his unwavering dedication and service to our country and extend to  members and friends; and  gunner; and  with good conduct medal and overseas bars; and making all sorts of wood crafts and selling them;  his family our sincere sympathy upon his passing.  IN WITNESS WHEREOF, Ihave hereunto set my hand and caused the Seal of the City of Seagoville, Texas à epifixeg this 5th day of  December,  TRRZ  Slayen Jhe Gg/Plagonile Vaxas    Agenda Item 1C  Approval of minutes. BACKGROUND OF ISSUE:  Approval of minutes for meetings held on December 5,2016.  FINANICIAL IMPACT:  N/A    CITY COUNCIL WORK SESSION DECEMBER 5, 2016 quorum present, to wit:  The City Council held a work session on Monday, December 5, 2016 at 6:30 p.m. with a  Dennis Childress Jose Hernandez Rick Howard Harold Magill Mikel Fruin Jon Epps  Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Councilmember  The following staff members were also present: Library Director Liz Gant, Police Chief Ray Calverley, City Attorney Alexis Allen and City Secretary Dara Crabtree.  ITEM 1. STAFF UPDATES.  Following an inquiry, Councilmember Howard and Magill advised they would be attending the Chamber Employee Appreciation luncheon on Thursday, December gth. Following a discussion, the consensus oft the City Council was to hold the. January regular meeting on Monday, January gth due to the New Year's Day holiday on Monday, January  2nd and MLK Day on January 16".  ITEM 2. DISCUSSION OF AGENDAI ITEMS.  ITEM 2. Following a City Council inquiry, Police ChiefCalverley confirmed there was a State law that prohibits texting in school zones as well as a City ordinance while  operating ai motor vehicle within the City limits. ITEM 3. PRESENTATIONS.  a. Robyn Mota with Republic Services explained the recycle and trash collection  holiday schedule.  The work session was adjourned at 6:44 p.m.  APPROVED: MAYOR  1Page    ATTEST:  CITY SECRETARY  CITY COUNCIL REGULAR MEETING DECEMBER 5, 2016 a quorum present, to wit:  The City Council held a regular meeting on Monday, December 5, 2016 at 7:00 p.m. with  Dennis Childress Jose Hernandez Rick Howard Harold Magill Mike Fruin Jon Epps  Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Councilmember  Councilmember Magill provided the invocation and Mayor Childress led the Pledge of MAYOR'S REPORT. Mayor Childress wished everyone a safe Christmas and advised [Mayor Childress advised that Items 6 and 7 were being moved and will be considered CITIZENS PUBLIC COMMENT PERIOD (items on the agenda). No one spoke.  Allegiance.  the proclamation for Mr. Massey will be moved to December 19th.  immediately/ollowing Item 2.1  CONSENT AGENDA.  Councimember Howard made ai motion, seconded by Councilmember Magill, to approve  Consent Agenda Item 1C. A vote was cast 5 in favor, 0 against. ITEMI 1C. Approve minutes for meetings held onl November 14, 2016.  ITEM 2. Following a discussion, Councilmember Fruin made a motion, seconded by Councilmember Magill, to table considering the use of an Electronic Hand-Held Mobile Communication Device while operating a moving vehicle until following the 2017 Legislative Session to see what happens with proposed legislation for the above  mentioned. A vote was cast 5 for, 0 against.  2IPage    ITEM 6. Recessed into Executive Session at 7:05 p.m. in compliance with Texas Government Code Section 551.074, Personnel, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal ofa a public officer or employee, to wit: Interim City Secretary. Reconvened into open session at 7:24 p.m. ITEM 7. No action was taken as a result of the Executive Session in compliance with Texas Government Code Section 551.074, Personnel, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer  ore employee, to wit: Interim City Secretary.  ITEM3. COUNCILMEMBER REPORTS. No: reports. Councilmember Fruin left the meeting at 7:25p.m.] ITEM 4. CITIZEN COMMENTS.  Phil Greenawalt, Seagoville Chamber of Commerce remarked what a great year it had been; the Chamber appreciated the City Council attending their recent banquet; he felt this year's Christmas tree lighting event had the biggest turnout yet; and personally invited the City Council to the upcoming Employee Appreciation Luncheon hosted by the J.C.Cannon, 1075 Oak Ridge Drive, Seagoville - commented on aj personal matter. [Mayor Pro Tem Hernandez and Councilmember Magill briefly left the dais briefly then  Chamber on December gth.  returned.]  ITEMS 5. FUTURE AGENDA ITEMS.  Jose Hernandez - inquired as to procedure to suspend Citizen Comment Period prior to a  meeting.  ITEM 8. The meeting adjourned at 7:29 p.m.  APPROVED:  MAYOR  ATTEST:  CITY SECRETARY  3IPage    Agenda Item 2C  Approval of a Resolution authorizing the County of Dallas to resell tax foreclosed properties located at 318. Lakey Road, 320. Lakey. Road and. 322 Lakey Road, Seagoville, Texas, by public or private sale, to the highest qualified purchaser, as provided by. Section 34.05 of the Texas  Property Tax Code. BACKGROUND OF ISSUE:  Dallas County is preparing for the resale of certain tax foreclosed properties for which Dallas Several parcels of land were offered for sale by the Sheriff of Dallas County, Texas, at public auction pursuant to a judgment of the District Court of Dallas County, Texas, for foreclosure of the tax liens securing payment of delinquent property taxes, accrued penalty and interest, and court costs. Those parcels of land which did not receive a sufficient bid as set by law were struck off to the County of Dallas, the City of Seagoville, and Dallas Independent School District, (Taxing Authorities) pursuant to Section 34.010) of the Property Tax Code. By this resolution, the County of Dallas, as Trustee for itself and the other Taxing Authorities is authorized to resell these struck off parcels of land, which did not receive a sufficient bid as set by law and to execute quitclaim deeds for said parcels conveying the right, title, and interest acquired or held by the City of Seagoville as aj party to the judgment foreclosing tax liens.  County is Trustee for the taxing authorities.  INANCIALIMPACT:  N/A    AR RESOLUTION OFTHE CTYOFSEAGOVILLE,TEXAS  RESOLUTIONNO. 61-R-16  RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAGOVILLE, TEXAS AUTHORIZING DALLASCOUNTYTORESELLTAXFORECLOSEDPROPERTIESLOCATED AT3181 LAKEY ROAD, 320 LAKEY ROAD AND: 322 LAKEY ROAD BY PUBLIC OR PRIVATE SALE, TO THE HIGHEST QUALIFIED PURCHASER, AS PROVIDED BY SECTION 34.05 OF WHEREAS, this matter was briefed to the Seagoville City Council ("City Council") on December 19,  THE' TEXAS PROPERTYTAX CODE  2016, wherein the City Council agreedtou use this form ofResolution toj provide the County of Dallas consent to sell specific properties to the highest qualified purchaser by public or  private sale; and  WHEREAS, several parcels ofl land were offered fors sale by the! SheriffofDallas County, Texas, at public  auction pursuant to aj judgment ofthel District CourtofDallas County, Texas, for foreclosure ofthe taxl liens securing payment of delinquent property taxes, accrued penalty and interest,  and court costs; and  WHEREAS, those parcels ofland which did not receive a sufficient bid as set byl law weres struck offtot the  County of Dallas, the City of Seagoville and Dallas Independent School District (Taxing Authorities) pursuant to Section 34.01() of the Property Tax Code; and  WHEREAS, by this resolution, the County ofDallas, as' Trustee fori itselfand the other' Taxing Authorities  isa authorized toi resell these struck off parcels ofland, which did not receive asuflicient bid as set by law and to execute quitclaim deeds for said parcels conveying the right, title, and interest acquired or held by the City of Seagoville as a party tot thej judgment foreclosing tax  liens, and  WHEREAS, the City of Seagoville desires to resell said parcel(s) in an expeditious manner pursuant to NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF  Section 34.05 of the Property Tax Code.  SEAGOVILLE, TEXAS; THAT:  Section 1.  The City does hereby provide specific authorization to the County ofDallas to act as Trustee to offer for sale by public or private sale the parcels of land shown in Exhibit "A," attached hereto and made aj part hereofand the Seagoville City Council does hereby consent tot thes sale ofsaid parcels to the highest purchaser, even ift the amount tendered is less than the market value ofthel land: specified in thej judgment of foreclosure or thet total amount ofthej judgment against the property in compliance with Section 34.05(1) ofthe Texas Property Tax Code, or for an amount equal to or greater than its current market value as shown by the most recent certified appraisal role, ift the sum oft the amount oft the judgment plus post-judgment taxes, penalties, and interest owing against the property exceeds the market value in compliance with! Section 34.05G)ofthe Texas Property Tax Code, and each taxingi unit entitled toi receive This Resolution shall take effect immediately from and after its passage in accordance with  proceeds oft the sale consents to the sale for that amount.  Section 2.  the provisions oft the law.    PASSED and APPROVED this 19t day of December, 2016 by the City of Seagoville City Council,  Seagoville, Texas.  APPROVED: MAYOR  ATTEST:  INTERIM CITY SECRETARY  APPROVED AS TOI FORM:  CITY ATTORNEY  ***** ATTACH EXHIBIT "A" *****    EXHIBIT "A"  TAXI FORECLOSURE PROPERTIES! STRUCK OFF TOTHE COUNTYOFI DALLAS AS TRUSTEE FOR DALLAS L.S.D.ANDCITY OFI LANCASTER, WILMER. AND SEAGOVILLE  TAXY YEARSI INCLUDED INJ JUDGMENT SCHOOL) County: 2001-2011 City: 2001-2011 DISD: 2001-2011 County: 1994-2013 City: 1994-2013 DISD: 1995-2013 County: 2004, 2006-2014 City: 2004, 2006-2014 DISD: 2004, 2006-2014  JUDGMENT MARKET AMOUNT JUDGMENT $8,721 $9,500 $7,565.27  DATEOF SALE 11/1/2016 11/1/2016 11/1/2016  STREET 3181 LakeyF Road, 3201 Lakey! Road, 3221 Lakey Road, Seagoville 5001550000130000  IMPROVED LANDSIZE DCAD JUDGMENT CAUSE STRIKEOFF VALUEIN (COUNTY,CITY, SHERIFF'S  ADDRESS TAXA ACCOUNT# /UNIMP. (APPROX.) VALUE Seagoville 5015500000110000 U 10,156SF $9,500 Seagoville 50015500000120000 U 10,276SF $9,500  No. TX-12-30276 TX-13-30977w/98- 30216-T-D TX-14-30654  $9,500 $9,500 $9,500  U  9,911SF $9,500  12/5/20162:11 PM    Agenda Item 3  Conduct a public hearing and discuss and consider amending the Seagoville Zoning Ordinance, by amending the City of Seagoville Code of Ordinance, Zoning Ordinance, Chapter 25.02, "Zoning Ordinance", amending the following Sections to increase the minimum square footage requirements: Division 4 (R-1 Single Family Dwelling District Regulations), Section 25.02.063(i); Division 5 (R-2 Single Family Dwelling District Regulations), Section 25.02.083(); Division 6 (R-3 Single-Family Dwelling District Regulations), Section 25.02.103(); Division 7 (R-4 Single-Family Dwelling District Regulations), Section 25.02.123(); Division 8 (R-5 Single-Family Dwelling District Regulations), Section 25.02.153(); Division 10 (Duplex Dwelling District Regulations), Section 25.02.193(h); Division 11 (TH Townhouse District Regulations), Section 25.02.222(a); Division 12 (A Apartment Dwelling District Regulations), Section 25.02.253(i); and adopting a new Subsection in Division 24 (AG Agricultural District Regulations), under Section 25.02.583, to provide minimum square footage for dwellings located in Agricultural Districts; providing a repealing clause; providing a severability clause; providing a savings clause; providing a penalty of fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense and providing an effective date.  BACKGROUND OF ISSUE:  During the October 17, 2016 work session, Community Development Director Barr discussed proposed amendments to increase the minimum square footage living area in all respective residential zoning districts and adding said requirement for the Agricultural District. The Planning and Zoning Commission conducted a public hearing on December 13, 2016 on the proposed amendments. No one spoke in favor or opposition of said amendments during the public hearing. The Commission unanimously voted to recommend to the City Council to increase the minimum living area square footage in all residential zoning districts by 200 square feet and providing for a minimum living area square footage of 2,400 square feet in the  Agricultural District. FINANCIAL IMPACT:  N/A    ORDINANCE NO.  AN ORDINANCE OF THE CITY OF SEAGOVILLE, TEXAS, AMENDING THE SEAGOVILLE ZONING ORDINANCE, BY AMENDING THE CITY OF SEAGOVILLE CODE OF ORDINANCE, ZONING ORDINANCE, CHAPTER 25.02, "ZONING ORDINANCE", AMENDING THE FOLLOWING SECTIONS TO INCREASE THE MINIMUM SQUARE FOOTAGE REQUIREMENTS: DIVISION 4 (R-1 SINGLE FAMILY DWELLING DISTRICT REGULATIONS, SECTION 25.02.063(I); DIVISION 5 (R-2 SINGLE FAMILY DWELLING DISTRICT REGULATIONS), SECTION REGULATIONS, SECTION 25.02.103(1); DIVISION 7 (R-4 SINGLE-FAMILY DWELLING DISTRICT REGULATIONS), SECTION 25.02.123(1); DIVISION 8 (R-5 SINGLE-FAMILY DWELLING DISTRICT REGULATIONS), SECTION 25.02.153(1); DIVISION 10 (DUPLEX DWELLING DISTRICT REGULATIONS, SECTION 25.02.193(H); DIVISION 11( (THTOWNHOUSE DISTRICT REGULATIONS, SECTION 25.02.222(A); DIVISION 12 (A APARTMENT DWELLING DISTRICT REGULATIONS), SECTION 25.02.253(1); AND ADOPTING A NEW SUBSECTION IN DIVISION 24 (AG AGRICULTURAL DISTRICT REGULATIONS, UNDER SECTION 25.02.583, TO PROVIDE MINIMUM SQUARE FOOTAGE FOR DWELLINGS LOCATED IN AGRICULTURAL DISTRICTS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING Al PENALTY OF FINE NOTTOEXCEED THE SUMOFTWOTHOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND PROVIDING AN EFFECTIVE THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF  25.02.083(1);  DIVISION 6 (R-3 SINGLE-FAMILY DWELLING DISTRICT  DATE.  SEAGOVILLE, TEXAS, THAT:  SECTION 1. The City Council hereby amends the City of Seagoville Code of Ordinance, Zoning Ordinance, Chapter 25.02, by amending Division 4, Section 25.02.063(), to provide that the minimum square footage for a dwelling allowed in R-1 Single Family Dwelling  Districts is 2,200 square feet, and to read as follows:  "ARTICLE 25.02 ZONING ORDINANCE  Division 4.1 R-1 Single-Family Dwelling District Regulations  Sec. 25.02.063 Area regulations (a) Front yard. -  Page lof7 TM 81911    0) Exterior wall materials required. .  SECTION2. The City Council hereby amends the City of Seagoville Code ofOrdinance, Zoning Ordinance, Chapter 25.02, by amending Division 5, Section 25.02.083(), to provide that the minimum square footage for a dwelling allowed in R-2 Single Family Dwelling Districts is  2000 square feet, and to read as follows:  "ARTICLE 25.02 ZONING ORDINANCE  Division 5. R-2 Single-Family Dwelling District Regulations  Sec. 25.02.083 Area regulations  (a) Front yard.  () Areaofdwelling. The minimum living area oft the dwelling shall be 2,000 square feet.  () Exterior wall materials required. .  SECTION3. The City Council hereby amends the City of Seagoville Code ofOrdinance, Zoning Ordinance, Chapter 25.02, by amending Division 6, Section 25.02.103(), to provide that the minimum square footage for a dwelling allowed in R-3 Single Family Dwelling Districts is  1,800 square feet, and to read as follows:  "ARTICLE 25.02 ZONING ORDINANCE  Division 6. R-3 Single-Family Dwelling District Regulations  Sec. 25.02.103 Area regulations  (a) Front yard.  (i) Areaofdwelling. The minimum living area of the dwelling shall be 1,800 square feet.  () Exterior wall materials required. .  Page 2of7 TM81911    SECTION4. The City Council hereby amends the City ofSeagoville Code ofOrdinance, Zoning Ordinance, Chapter 25.02, by amending Division 7, Section 25.02.123(), to provide that the minimum square footage for a dwelling allowed in R-4 Single Family Dwelling Districts is  1,700: square feet, and to read as follows:  "ARTICLE 25.02 ZONING ORDINANCE  Division 7. R-4 Single-Family Dwelling District Regulations  Sec. 25.02.123 Area regulations  (a) Front yard..  (i) Area of dwelling. The minimum living area oft the dwelling shall be 1,700 square feet.  () Exterior wall materials required. 99  SECTION5. The City Council hereby amends the City of Seagoville Code ofOrdinance, Zoning Ordinance, Chapter 25.02, by amending Division 8, Section 25.02.153(), to provide that the minimum square footage for a dwelling allowed in R-5 Single Family Dwelling Districts is  1,600 square feet, and to read as follows:  "ARTICLE 25.02 ZONING ORDINANCE  Division 8. R-5 Single-Family Dwelling District Regulations  Sec, 25.02.153 Area regulations (a) Front yard.. ...  Area ofd dwelling. The minimum living area oft the dwelling shall be 1,600 square feet.  Exterior wall materials required. ..  Page 3 of7 TM 81911    SECTION 6. The City Council hereby amends the City of Seagoville Code ofOrdinance, Zoning Ordinance, Chapter 25.02, by amending Division 10, Section 25.02.193(h), toj provide that the minimum square footage for a dwelling allowed in Duplex Dwelling Districts is 1,000 square  feet, and to read as follows:  "ARTICLE 25.02 ZONING ORDINANCE  Division 10. Duplex Dwelling District Regulations  Sec. 25.02.193 Area regulations  (a) Front yard..  (h) Areaofdwelling. The minimum living area oft the dwelling shall be 1,000 square feet.  (i) Coverage. .  SECTION 7. The City Council hereby amends the City of Seagoville Code ofOrdinance, Zoning Ordinance, Chapter 25.02, by amending Division 11, Section 25.02.224(a), toj provide that the minimum square footage for a dwelling allowed in Townhouse Districts is 1,300 square feet,  and to read as follows:  "ARTICLE 25.02 ZONING ORDINANCE  Division 11. Townhouse District Regulations  Sec. 25.02.222 Building regulations  (a). Minimum size. The minimum area oft the main building constituting as single-family unit  shall be 1,300 square feet, exclusive of garages and breezeways.  (b) Type ofl Material... 99  Page 4 of7 TM 81911    SECTION8. The City Council hereby amends the City of Seagoville Code ofOrdinance, Zoning Ordinance, Chapter 25.02, by amending Division 12, Section 25.02.253(), toj provide that the minimum square footage for a dwelling allowed in Apartment Districts is 850 square feet for a one-bedroom apartment, and 1,000 square feet for a two-bedroom apartment, and to read as  follows:  "ARTICLE 25.02 ZONING ORDINANCE  Division 12. Apartment District Regulations  Sec. 25.02.253 Area regulations  (a) Front yard.  (i) Areaofdwelling. Each dwelling unit shall provide for ai minimum of850 [square feet] of living area for a one-bedroom apartment, 1,000 square feet of living area for a two-bedroom apartment and 1,100 square feet ofli living area for a three-bedroom apartment...  G) Building Materials. .  SECTION9. The City Council hereby amends the City of Seagoville Code ofOrdinance, Zoning Ordinance, Chapter 25.02, by amending Division 24, Section 25.02.583, by adopting a new Section 25.02.583(d) to provide that the minimum square footage for a dwelling allowed in  Agricultural Districts is 2,400 square feet, and to read as follows:  "ARTICLE 25.02 ZONING ORDINANCE  Division 24. AG Agricultural District Regulations  Sec. 25.02.583 Area regulations (a) Height Regulations.  (d) Area of dwelling. The minimum living area of the dwelling shall be 2,400 square feet.  Page5 5of7 TM81911    SECTION 10. That all provisions oft the Ordinances of the City of Seagoville, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions noti in conflict with thej provisions oft this ordinance shall remain ini full force and effect. SECTION 11. That if any article, paragraph, subdivision, clause or provision of this ordinance be adjudged invalid or held unconstitutional for any reason, such judgment or holding shall not affect the validity oft this ordinance as a whole or any part or provision thereof, other than  the part sO declared to be invalid or unconstitutional.  SECTION 12.That any person, firm or corporation violating any of the provisions or terms ofthiso ordinance shall bes subject to the same penalty as provided fori int the Code ofOrdinances ofthe City of Seagoville, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum ofTwo Thousand Dollars ($2,000.00) for each offense; and each and every day such  violation shall continue shall be deemed to constitute a separate offense.  SECTION 13. This ordinance shall take effect immediately from and after its passage,  and publication oft the caption, as the law and charter in such cases provide.  DULY APPROVED AND PASSED by the City Council oft the City of Seagoville, Texas  on the  day of  2016.  APPROVED:  MAYOR  ATTEST:  Page 6of7 TM 81911    CITY SECRETARY  APPROVED ASTO FORM:  CITY ATTORNEY  Page 7of7 TM81911    Zoning Ordinance Amendments  Minimum Living Area Square Footage of Dwellings  1) Division 4 (R-1 Single Family Dwelling District Regulations), Section 25.02.063(), by increasing the minimum living area square footage of dwelling from 2,000 to 2,200.  Section 25.02.063, Area Regulations  (i) Area of dwelling. The minimum living area of the dwelling shall be 2,000 2,200 2) Division 5 (R-2 Single Family Dwelling District Regulations), Section 25.02.083(), by increasing the minimum living area square footage of dwelling from 1,800 to 2,000.  square feet.  Section 25.02.083, Area Regulations  (i) Area of dwelling. The minimum living area of the dwelling shall be 4,800 2,000 3) Division 6 (R-3 Single-Family Dwelling District Regulations), Section 25.02.103(), by increasing the minimum living area square footage of dwelling from 1,600 to 1,800.  square feet.  Section 25.02.103, Area Regulations  (i) Area of dwelling. The minimum living area of the dwelling shall be 4,600 1,800 4) Division 7 (R-4 Single-Family Dwelling District Regulations), Section 25.02.123(), by increasing the minimum living area square footage of dwelling from 1,500 to 1,700.  square feet.  Section 25.02.123, Area Regulations  (1) Area of dwelling. The minimum living area of the dwelling shall be 1,500 1,700 5) Division 8 (R-5 Single-Family Dwelling District Regulations), Section 25.02.153(), by increasing the minimum living area square footage of dwelling from 1,400 to 1,600.  square feet.  (12/15/2016) Prepared by C. Kintz    Section 25.02.153, Area Regulations  (i) Area of dwelling. The minimum living area of the dwelling shall be 4,400 1,600 6) Division 10 (D Duplex Dwelling District Regulations), Section 25.02.193(h), by increasing the minimum living area square footage of dwelling from 800 to 1,000.  square feet.  Section 25.02.193, Area Regulations  (h) Area of dwelling unit. Each dwelling unit shall provide a minimum of 800 1,000 7) Division 11 (TH Townhouse District Regulations), Section 25.02.222(a), by increasing the minimum living area square footage of dwelling from 1,100 to 1,300.  square feet of living area.  Section 25.02.222, Building Regulations  (a) Minimum size. The minimum area of the main building constituting a single-family unit shall be 4,100 1,300 square feet, exclusive of garages and breezeways. 8) Division 12 (A Apartment Dwelling District Regulations), Section 25.02.253(), by increasing the minimum living area square footage of dwelling on a one bedroom apartment from 650 to 850; on a two bedroom apartment from 800 to 1,000; and on  ai three bedroom apartment from 900 to 1,100.  Section 25.02.253  (1) Area of dwelling. Each dwelling unit shall provide for a minimum of 650 850 [square feet] of living area for a one-bedroom apartment, 800 1,000 square feet of living area for a two-bedroom apartment and 900 1,100 square feet of living  area for a three-bedroom apartment.  9) Division 24 (AG Agricultural District Regulations), by adding a new subsection under Section 25.02.583 for the minimum living area square footage of dwelling to be  2,400.  Section 25.02.583, Building and Area Regulations  (d) Area of dwelling. The minimum living area of the dwelling shall be 2,400  square feet.  (12/15/2016) Prepared by C. Kintz    P&Z MINUTES 12-13-2016  font  MINUTES FOR THE  SEAGOVILLE PLANNING AND ZONING COMMISSION  Meeting scheduled to begin at 6:30 p.m., Tuesday, December 13, 2016 in the Council Chambers of City Hall, located at 702 N. Highway 175 - Seagoville, Texas  Chairperson Perez declared a quorum present and called the meeting to order at  6:31 p.m.  Commissioners present: Commissioner Gary Adams  Vice-Chairperson James Sudduth Commissioner Raymond Covert Chairperson Alexandria Perez Commissioner Mike Dupuis  Commissioners absent: Commissioner Catherine Braggs City Staff present: Building Official Ladis Barr  Planning Technician/P&Z Commission Liaison Cindy Kintz  II. Chairperson Perez gave the invocation and the commissioners led in the reciting III. Vice-Chairperson Sudduth made a motion, seconded by Commissioner Adams, toa approve the minutes for the regular meeting held on November 17, 2016. A  oft the Pledge of Allegiance.  vote was cast 4 in favor and 0 against.  IV.A. Chairperson Perez opened the public hearing at 6:34 p.m. to hear the request of the City of Seagoville to amend the minimum living area square footage of dwellings and consider amending the following sections of Chapter 25.02, Zoning Ordinance, of the city's Code of Ordinances, (as well as any other applicable sections if necessary): Division 4 (R-1 Single Family Dwelling District Regulations), Section 25.02.063(); Division 5 (R-2 Single Family Dwelling District Regulations), Section 25.02.083(); Division 6 (R-3 Single-Family Dwelling District Regulations), Section 25.02.103(); Division 7 (R-4 Single-Family Dwelling District Regulations), Section 25.02.123(); Division 8 (R-5 Single-Family Dwelling District Regulations), Section 25.02.153(); Division 10 (D Duplex Dwelling  Page 1 of3    P&Z MINUTES 12-13-2016  District Regulations), Section 25.02.193(h); Division 11 (TH Townhouse District Regulations), Section 25.02.222(a); Division 12 (A Apartment Dwelling District Regulations), Section 25.02.253(); and add a new subsection in Division 24 (AG Agricultural District Regulations), under Section 25.02.583. Community Development Director Ladis Barr addressed the Commission and presented an overview of the request. No one spoke in opposition to the request. The public After a discussion, Commissioner Adams made a motion, seconded by Commissioner Covert, to make the following recommendations to City Council: Amend Division 4 (R-1 Single Family Dwelling District Regulations), Section 25.02.063(), by increasing the minimum living area square footage of Amend Division 5 (R-2 Single Family Dwelling District Regulations), Section 25.02.083(), by increasing the minimum living area square footage of Amend Division 6 (R-3 Single-Family Dwelling District Regulations), Section 25.02.103(), by increasing the minimum living area square footage of Amend Division 7 (R-4 Single-Family Dwelling District Regulations), Section 25.02.123(), by increasing the minimum living area square footage of Amend Division 8 (R-5 Single-Family Dwelling District Regulations), Section 25.02.153(), by increasing the minimum living area square footage of Amend Division 10 (D Duplex Dwelling District Regulations), Section 25.02.193(h), by increasing the minimum living area square footage of Amend Division 11 (TH Townhouse District Regulations), Section 25.02.222(a), by increasing the minimum living area square footage of Amend Division 12 (A Apartment Dwelling District Regulations), Section 25.02.253(), by increasing the minimum living area square footage of dwelling on a one bedroom apartment from 650 to 850; on a two bedroom apartment from 800 to 1,000; and on a three bedroom apartment from 900 to Amend Division 24 (AG Agricultural District Regulations), by adding a new subsection under Section 25.02.583 for the minimum living area square  hearing was closed at 6:36 p.m.  dwelling from 2,000 to 2,200; dwelling from 1,800 to 2,000; dwelling from 1,600 to 1,800; dwelling from 1,500 to 1,700; dwelling from 1,400 to 1,600; dwelling from 800 to 1,000; dwelling from 1,100 to 1,300;  1,100; and  footage of dwelling to be 2,400. (Per Attachment "A")  A vote was cast 4 in favor and 0 against.  V.A. After a discussion, Commissioner Adams made a motion, seconded by Commissioner Covert, to approve a request from Seagoville Venture No. Three -  Page 2 of3    P&Z MINUTES 12-13-2016  S-SI Rio Grande, L.P. to approve a final plat for the Seagoville Corners III Addition, generally located in the northeast quadrant of U.S. Highway 175 and Malloy Bridge Road in Seagoville, Texas. A vote was cast 4 in favor and 0  against.  V.B. After a discussion with the applicant's representative, Michael Stansberry - 101 East Cherokee, Jacksonville, Texas 75766 - Commissioner Adams made a motion, seconded by Vice-Chairperson Sudduth, to approve a request from Metroplex Multifoods, Inc. to approve a revised site plan for Tract 7.3 in the John D. Merchant Survey, Abstract No. 850, Page 081, generally located in the southeast quadrant of U.S. Highway 175 and Malloy Bridge Road more commonly known as 550 East Malloy Bridge Road in Seagoville, Texas. A vote  was cast 4 in favor and 0 against.  V.C. After a discussion, Vice-Chairperson Sudduth made a motion, seconded by Commissioner Adams, to approve a request from Metroplex Multifoods, Inc. to approve an elevation plan for a new building on Tract 7.3 in the John D. Merchant Survey, Abstract No. 850, Page 081, generally located in the southeast quadrant of U.S. Highway 175 and Malloy Bridge Road more commonly known as 550 East Malloy Bridge Road in Seagoville, Texas. A vote was cast 4 in favor  and 0 against.  VI. The meeting was adjourned at 7:10 p.m.  ALEXANDRIA PEREZ CHAIRPERSON  ATTEST:  CINDY KINTZ, PLANNING TECHNICIAN AND PLANNING AND ZONING COMMISSION LIAISON  Page 3 of3    Attachment"A"  heagauill  City of Seagoville, Texas Minimum Area of Dwellings  Lot ZO does not specify 9,600 40% (3,840) 9,000 40% (3,600) 8,400 40% (3,360) 7,800 40% (3,120) 2,200 60% (1,320)  Zoning District AG Agriculture (R-1) Residential -1 (R-2) Residential -2 (R-3) Residential - 3 (R-4) Residential -4 4 (R-5) Residential -5 Duplex Dwelling TH Townhouse APT Apartment Dwelling: 1) One Bedroom 2) Two Bedroom 3) Three Bedroom  Current Consider Lot Size Area (sf) Coverage (sf) Remaining  0 2,000 1,800 1,600 1,500 1,400 800 1,100 650 800 900  2,400 50'x 150' 2 Acres 2,200 80' X 120' 2,000 75'x1 120' 1,800 70' x 120' 1,700 65'x x 120' 1,300 22'x1 100'  (-) 1,240 1,200 1,160 1,020 880 800 20  1,600 60' x 120' 7,200 40% (2,880) 1,000 60' X 100' *7,000 40% (2,800) 850 60'x? *7,0002 50% (3,500) 1,000 60'x? *7,0002 50% (3,500) 1,100 60'x? *7,0002 50% (3,500)  D  (*). Zoning Ordinance states 7,000sf for minimum area of lot.  (2)1,200sf for each family unit  Updated: 11/15/2016 Created by C. Kintz    City of Seagoville  Planning & Zoning Commission  Meeting Date:  December 13, 2016 (Tuesday)  Name  Address  Speaking Ves  Comments  1.Michoel Sansany  /01 E.Chn JcbvV T  2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15.    Agenda Item 4  Discuss and consider an Ordinance amending chapter 23, subdivisions, article 23.04, public sites and open places, section 23.04.004, "park land and public facility dedication", to provide that development of all park land must comply with article 19.10 and 23.03 of the Seagoville Code of Ordinances; by increasing the park development fee to $500 per dwelling unit; providing that the requirement for dedication of park land applies to developments of at least two hundred and fifty dwelling units; and repealing the provisions providing. for cash-in-lieu ofland; providing a severability clause; providing a savings clause; and providing an effective  date.  BACKGROUND OF ISSUE:  Currently there are nine (9) parks located throughout the City in a manner which sufficient to serve the current residents of the City. Due to the number of existing parks, staff feels it is reasonable to amend the park land dedication provisions to apply only to new developments with two hundred and fifty dwelling units or more. It is the staffs desire to increase the park development fee to $500 per dwelling unit and to allow for the expenditure of such funds to improve currently existing parks and repeal the provisions allowing for cash in lieu of park land  dedications.  FINANCIAL IMPACT:  N/A    THE CITY OF SEAGOVILETEXAS ORDINANCENO.. -16  AN ORDINANCE OF THE CITY OF SEAGOVILLE, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 23, SUBDIVISIONS, ARTICLE 23.04, PUBLIC SITES AND OPEN PLACES, SECTION 23.04.004, "PARK LAND AND PUBLIC FACILITY DEDICATION", TO PROVIDE THAT DEVELOPMENT OF ALL PARK LAND MUST COMPLY ARTICLE 19.10, "STORMWATER PROTECTION, AND 23.03, "SUBDIVISION DESIGN STANDARDS"OF THE SEAGOVILLE CODE OF ORDINANCES; BY INCREASING THE PARK DEVELOPMENT FEE TO $500 PER DWELLING UNIT; PROVIDING THAT THE REQUIREMENT FOR DEDICATION OF PARK LAND APPLIES TO DEVELOPMENTS OF AT LEAST TWO HUNDRED AND FIFTY DWELLING UNITS; AND REPEALING THE PROVISIONS PROVIDING FOR CASH-IN-LIEU OF LAND; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS  CLAUSE; AND PROVIDING AN EFFECTIVE DATE.  WHEREAS, upon review of the park land currently located within the City, the City Council has determined that there are: nine (9) parks currently located within the City; and WHEREAS, the City Council has determined that these parks are located throughout the City in ai manner which iss sufficient to serve the current residents ofthe City; and WHEREAS, because of the number of existing parks, the City Council has determined it is prudent to amend the park land dedication provisions to apply only to new developments with  two hundred and fifty dwelling units or more; and  WHEREAS, it is the desire of the City Council to increase the park development fee to $500 per dwelling unit and to allow for the expenditure of such funds to improve currently  existing parks;  WHEREAS, the City Council further desires to repeal the provisions allowing for cash- in-lieu of park land dedications and to ensure that development of all park land complies with  applicable storm water drainage provisions; and  WHEREAS, based on the foregoing, the City Council of the City of Seagoville, Texas desires to amend the Code of Ordinances by amending Article 23.04, "Public Sites and Open  Spaces", as provided herein. OFSEAGOVILIE,TEXAS:  NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY  TM 81888    SECTION 1. That the Code of Ordinances oft the City of Seagoville, Texas be, and the same is, hereby amended by amending CHAPTER 23, SUBDIVISIONS, ARTICLE 23.04, "Public Sites and Open Places", Section 23.04.004, "Park Land and Public Facility Dedication", by amending the provision limiting the expenditure of park land funds, which shall read as  follows:  ARTICLE 23.04 PUBLIC SITES AND OPEN SPACES  Sec. 23.04.004Park land and public facility dedication  (a) Areas for public use.  (1) The applicant shall provide suitable sites for parks, playgrounds and other areas for public use sO as to conform with the recommendations of the city's Parks, Recreation and Open Space Master Plan. Parks and public open space areas shall be indicated on the construction and final plat, and shall be subject to approval by the City's planning and zoning commission upon approval of the construction and final  plats.  (2) No individual, partnership, firm, or corporation shall deepen, widen, fill, reroute or change the course or location of any existing ditch, channel, stream or drainageway, without first obtaining written permission of the city and any other agency having jurisdiction. Any such alterations must be in compliance with the City's storm water and drainage regulations, including but not limited to Article 19.10 and Article 23.03  oft the Seagoville Code of Ordinances.  (b)  (c) General requirement: Dedication ofl land and payment of park development fee.  (1) Prior to aj plat being filed with the county clerk of] Dallas or Kaufman (as applicable), Texas for a development of any type of residential development within the city or its extraterritorial jurisdiction, and in accordance with the planning and zoning commission ordinances of the city (as applicable), such plat shall contain clear, fee simple dedication of one (1) area of land for each two hundred and fifty (250) proposed dwelling units. As used in this ordinance, a "dwelling unit" means each individual residence, including individual residences in a multifamily structure, designed and/or intended for inhabitation by a single family. Any proposed plat  TM81888    submitted to the city for approval shall clearly show the area proposed to be 2) The city council oft the city declares that development of an area of less than five (5) acres for neighborhood park purposes is impractical. Therefore, if fewer than two hundred and fifty (250) dwelling units are proposed by a plat filed for approval, no dedication of park land will be necessary. In such case, the planning and zoning commission shall require the developer to only pay the applicable park development (3) A park development fee shall be paid to the city as a condition of subdivision plat approval for all residential plats. Such park development fee shall be set from time to time by ordinance of the city council of the city sufficient to provide for the development of amenities and improvements on the dedicated land to meet the standards for a neighborhood park to serve the area in which the subdivision is located. Unless and until changed by an ordinance amendment oft the city council of the city, the park development fee shall be calculated on the basis of $500 per (4) In lieu of payment of the required park development fee, a developer shall have the option to construct the neighborhood park amenities and improvements, subject to city approval. All plans and specifications for the construction ofs such amenities and improvements must be reviewed and approved by the city, and shall conform with the city's design standards for amenities, equipment and improvements that apply in public city parks. The developer shall financially guarantee the construction of the amenities and improvements, and the city must approve same, prior to the filing ofa plat in the case of platted subdivisions Once the amenities and improvements are constructed, and after the city has accepted such amenities and improvements, the developer shall dedicate by plat such amenities and improvements to the city with a condition or covenant providing for HOA maintenance of the neighborhood park(s), amenities and improvements located within the respective development. (5) The city shall have the right to accept or reject the dedication, if the city determines that sufficient park area is already in the public domain for the area of the proposed development, or if the recreation potential for that area would be better served by expanding or improving existing neighborhood parks. Ifthe city rejects dedication of park land, the developer shall be required only to pay the applicable park  dedicated under this section as aj platted lot.  fees, as provided herein.  dwelling unit.  development fee.  (d) Special fund, right to refund  TM81888    (1) All funds collected through park development fees will be deposited in the city's Park Development Fund and used solely for the purchase of new park equipment in the city's parks. All expenditures from the said Fund will be reviewed and approved (2) The city shall account for all sums paid into the Park Development Fund with reference to the individual plats involved. Any monies paid into the said Fund must be expended by the city within ten (10) years from the date received by the city. Such funds shall be considered to be spent on a first in, first out basis in a park located within the particular subdivision, or within five (5). miles thereof. If not sO expended within the ten-year period, the owners of the property will, on the last day of such period, be entitled to a refund of the remaining fees plus one-half of the accrued interest. The current owners of the property within the subdivision must request such a refund within one (1) year of entitlement, in writing, or such right is  by the city council.  waived.  (e) Additional requirements. definitions  (1) Any land dedicated as park land under this ordinance must be suitable for park and recreation uses. The following characteristics of a proposed area are generally  unsuitable:  (A) Any area primarily located in the 100-year floodplain; or (B) Any areas of unusual topography or slope which renders same unusable for organized recreational activities (see subsection (e)(2) below). The above characteristics of a park land dedication area may be grounds for refusal of (2) Drainage areas may be accepted as part of a park if the channel is to remain predominantly in its natural state or constructed in accordance with city engineering standards, ifr no significant area oft the park is cut off from access by such channel, if not less than five (5) acres of the site is above the 100-year floodplain, or if the dedication is in excess often (10) acres, not more than fifty percent (50%) ofthe site shall lie within the 100-year floodplain unless otherwise approved by the city. (3) Each park must have direct, adequate vehicular and pedestrian access to one or more public streets. Street access shall be required to ensure vehicular access toj park land. (4) Unless provided otherwise herein, an action by the city shall be by the planning and (5) Any construction plat approved prior to the effective date of this chapter shall be exempt from these requirements set forth herein; however, when such construction plat approval expires, any resubmission of such plat shall meet all requirements of  any plat.  zoning commission.  this chapter.  TM 81888    SECTION2. If any section, article paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Courtofcompetent, jurisdiction, such holding shall not affect the validity oft the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full  force and effect.  SECTION: 3. That all provisions of the Ordinances of the City of Seagoville, Texas, in conflict with the provisions oft this ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance  shall remain ini full force and effect. accordance with law.  SECTION 4. This Ordinance shall become effective from and afteri its date of passage in PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF  SEAGOVILLE, TEXASTHIS day of December 2016.  APPROVED:  Dennis K. Childress, Mayor  ATTEST:  Dara Crabtree, City Secretary  APPROVED ASTO FORM:  Alexis G. Allen, City Attorney  TM 81888    ARTICLE 23.04 PUBLIC SITES AND OPEN SPACES  Sec. 23.04.004  Park land and public facility dedication  (a) Areas for publicu use.  (1) The applicant shall provide suitable sites for parks, playgrounds and other areas for public use SO as to conform with the recommendations of the city's Parks, Recreation and Open Space Master Plan. Parks and public open space areas shall be indicated on the construction and final plat, and shall be subject to approval by the city's P-tams-awyeinne and zoning commission upon approval oft the construction and final plats. (2) No individual, partnership, firm, or corporation shall deepen, widen, fill, reroute or change the course or location of any existing ditch, channel, stream or drainageway, without first obtaining written permission of the city and any other agency having jurisdiction. (See section 23.03.010) Any such alterations must be in compliance with the City's storm water and drainage regulations, including but not limited to Article 19.10 and  Article 23.03 of the Seagoville Code of Ordinances.  (b) Park land dedication.  (1) The purpose of this section is to provide recreational areas and amenities in the form of neighborhood parks as a function of subdivision development in the city. This is enacted in accordance with the Home Rule powers of the city, granted under the Texas Constitution and statutes of the State of Texas, including, without limitation, TEX. LOC. GOVT. CODE S 51.071 et seq. and Iti is hereby declared by the city council of the city that recreational areas, in the form of neighborhood parks and related amenities and improvements, are necessary and in the public interest and welfare, and that the only adequate procedure to provide for same is by integrating such a requirement into the procedure for planning and developing property of a residential subdivision in the city, whether such development consists of new construction on previously vacant land or rebuilding and redeveloping  $212.001 et seq.  existing residential areas.    (2) Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby, the standards for which are set forth in the Seagoville Parks, Recreation and Open Space Master Plan. The neighborhood parks shown on the official Seagoville Parks, Recreation and Open Space Master Plan, shall be prima facie evidence that any park located therein is within such a convenient distance from the majority of residences to be served thereby. The cost of the neighborhood parks should be borne by the ultimate residential property owners who, by reason of proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, the following requirements are adopted to effect  such purposes.  (c) General requirement: Dedication of land and payment of park development fee.  (1) Prior to a plat being filed with the county clerk of Dallas or Kaufman (as applicable), Texas for a development of any type of residential development within the city or its extraterritorial jurisdiction, and in accordance with the planning and zoning commission ordinances of the city (as applicable), such plat shall contain clear, fee simple dedication of one (1) area of land for each ome-hundred-andthhirty-three133) two hundred and fifty (250) proposed dwelling units. As used in this ordinance, a "dwelling unit" means each individual residence, including individual residences in a multifamily structure, designed and/or intended for inhabitation by a single family. In-the event Patting-s-notrequired,therequireentsofthisseection-must-be metath-tmedfale-pwsmappoale egured,portoisuance-dfa-bulding, Pemmtlorthe-propery. Any proposed plat submitted to the city for approval shall clearly show the area proposed to be dedicated under this section as a platted lot. The-required land aatonatmsadonny maerrhietw where permitted- by the-eily-or-where-reguiredbyother-provisions-in nthe-oventaplatismotrequirea,thededicationoHiandrequired-under Hisestionshaitbemstpsmeddlabuldingpemitor (2) The city council of the city declares that development of an area of less than five (5) acres for neighborhood park purposes is impractical. Therefore, if fewer than sik-hundred-and-sikty-five-(666) two hundred and fifty (250)  thise chapter.  tity-connection.    dwelling units are proposed by a plat filed for approval, the-planning-and zoning-commission-may-regure-meveloperto-pay-the-applicable caeh-in-lieurollandand-amount-a-prowided-in-herein-no dedication of park land will be necessary. In such case, the planning and zoning commission shall require the developer to only pay the applicable park (3) n-addition-to-the-reguire-dedicationofland,aseetfonth-above,there shall-alse-be-A park development fee shall be paid to the city as a condition of subdivision plat approval for all residential plats. Such park development fee shall be set from time to time by ordinance of the city council of the city sufficient to provide for the development of amenities and improvements on the dedicated land to meet the standards for a neighborhood park to serve the area in which the subdivision is located. Unless and until changed by an ordinance amendment of the city council of the city, the park development fee shall be calculated on the basis of $500 (4) In lieu of payment of the required park development fee, a developer shall have the option to construct the neighborhood park amenities and improvements, subject to city approval. All plans and specifications for the construction of such amenities and improvements must be reviewed and approved by the city, and shall conform with the city's design standards for amenities, equipment and improvements that apply in public city parks. The developer shall financially guarantee the construction of the amenities and improvements, and the city must approve same, prior to the filing of a plat in the case of platted subdivisions rpMortpsileplanapprovalorissuance dfabulamgpemiwhanep-simpdoriodevalopment oF-redevelopment). Once the amenities and improvements are constructed, and after the city has accepted such amenities and improvements, the developer shall dedicate by plat such amenities and improvements to the city with a condition or covenant providing for HOA maintenance of the neighborhood park(s), amenities and improvements  development fees, as provided herein.  per dwelling unit.  located within the respective development.  (5) -instances-where-andierequred.to-be-dedicated, The city shall have the right to accept or reject the dedication after-consideration-of-the ocommendaton-ottne Parks-Board-and--require-a-cash-paymentin loudllandln-me-amoumtprowdecherein, if the city determines that sufficient park area is already in the public domain for the area of the    proposed development, or if the recreation potential for that area would be better served by expanding or improving existing neighborhood parks. Ifthe city rejects dedication of park land, the developer shall be required only  to pay the applicable park development fee.  (6) When two Pormo-daopmant-l-be-mswn to-create-a megnborhoodparkolauamsamensameara,hePare: Board, atthe time ofconseptplanorconsomsinasompiatappoovalwllwoikwith the - developers to define the-optimum- Hocation-of the-required dedication- within the-respective HB-Oms*P--w been determined, adpcent-property-owmer-ho-devap-around-he-park sshaidadae-amdama-apdw-ite-ealaenie determined- bytheplammingandzomingcommisionaduringrewow-and approvar-ota-platorby-te-aly.coumel-umderolerr-cireumstances  suchas-anappeal,  (d) Cashinlieuofland  A-developer-responsiple-forland-dedication-under-this-ordinance-shall erguisdattephaminérysomiasioeopion-temast he-dedication-requiements-in-wholporimpartbya-cash-paymentin Hewofland,in.theamountsetfonthbelow.Suchpaymentin-lieuofland atbemseplwrie-melaumedahulan, permit. Where-no buidngpemitbsgiesahsheriepaldpierio-flingakane hcahpymamtinlswdtmawlhematbylhepsyment ofafee.setfrom.tim.metoetmebyordinanceotthealycooumoi-suflicient toaequire-meigmborhodpanklan,Umlessanduntichangedbythe-aily coumalsueheahaibeseHewwrdwaling A-cash-paymentin-louoland.dedieatiom,as-setfonih-in-this-section, does-not-relieve the developer-oH-lits-ohilgation-to-pay the park developmentee-setfont-lnabove-Fhe-cash-paymant-in-lieurofland dedlationisinadaltionioheguidpunkdevalopmenties. haaymyfum-meoe.haeimdforpuneiner mo-t-ama-etsctalerptnaidasiyys does purchase park land ina park-service-area, subsequent parkland dedications-forthatzoneshalbeinenshonly,thecale.lation-ofwhich ssatonhabow.Suchepya..dN.el  nat-platforrecord.  unit.  thereguiredparkdevelopmentfoe.  (ed) Special fund, right to refund    (1) All funds collected by the-dedisationprocss through park development fees will be deposited in the city's Park Development Fund and used solely for the purchase oPleasingotpark-lanklandancthe-deyelopmentofsame of new park equipment in the city's parks. All expenditures from the said (2) The city shall account for all sums paid into the Park Development Fund with reference to the individual plats involved. Any monies paid into the said Fund must be expended by the city within ten (10) years from the date received by the city. Such funds shall be considered to be spent on a first in, first out basis in a antouarparaenteara park located within the particular subdivision, or within five (5) miles thereof. If not SO expended within the ten-year period, the owners of the property will, on the last day of such period, be entitled to a refund of the remaining fees plus one-half of the accrued interest. The current owners of the property within the subdivision must request such a refund within one (1) year of entitlement, in writing, or  Fund will be reviewed and approved by the city council.  such right is waived.  (fe) Additional requirements. definitions  (1) Any land dedicated to-the-city as park land under this ordinance must be suitable for park and recreation uses. The following characteristics of a  proposed area are generally unsuitable:  (A) Any area primarily located in the 100-year floodplain; or  (B) Any areas of unusual topography or slope which renders same unusable for organized recreational activities (see subsection (f)(2) below). The above characteristics of a park land dedication area may be grounds for (2) Drainage areas may be accepted as part of a park if the channel is to remain predominantly in its natural state or constructed in accordance with city engineering standards, if no significant area of the park is cut off from access by such channel, if not less than five (5) acres of the site is above the 100- year floodplain, or if the dedication is in excess of ten (10) acres, not more than fifty percent (50%) of the site shall lie within the 100-year floodplain (3) Each park must have direct, adequate vehicular and pedestrian access to one or more public streets. Street access shall be required to ensure  refusal of any plat.  unless otherwise approved by the city.  vehicular access to park land.    (4) Unless provided otherwise herein, an action by the city shall be by the planning and zoning commission, after consideration of the (5) Any construction plat approved prior to the effective date of this chapter shall be exempt from these requirements set forth herein; however, when such construction plat approval expires, any resubmission of such plat shall meet  recommendations-ofthe-Parks-Beard.  all requirements of this chapter.    Agenda Item 5  Discuss and consider an Ordinance amending Chapter 9, "Fireworks", of the Code of Ordinances by amending subsection 9.04.001 (a) to prohibit the possession, use or discharge offireworks within the City; amending Subsection 9.04.001 (b) to provide an exceptionfor the sale offireworks on property zoned as Planned Development with Light Manufacturing uses; and adopting a new, Subsection 9.04.001 (c) to provide an affirmative defense to the possession of fireworks for transporting fireworks in a motor vehicle; providing for a penalty. for the violation of this ordinance; providing. for repealing, saving and severability clauses; providing for an effective date ofthis ordinance; and providing. for thep publication of the caption hereof.  BACKGROUND OFI ISSUE:  Staff has determined ai need to provide an exception to the current code provisions that will allow for the sale of fireworks on property zoned as Planned Development with Light Manufacturing uses. A Planned Development will allow the City Council to set specific guidelines and restrictions that must be met by the business including but not limited to when the business can In addition, staff desires to prohibit the ignition, possession or use of fireworks within the City. This provision will continue to prevent fireworks from being discharged within the City limits. Staff supports approval of the attached ordinance, if the City Council SO desires.  be open along with the hours of operation while open.  On or about Wednesday, December 14, 2016 a meeting was held with Lonnie Basse, Vice President with American Promotional Events, Inc.-East. Mr. Basse made several recommendations that we. may desire to be included within said Ordinance such as;  Stand-alone building; Fire Sprinkler System;  $20,000,000.00 liability insurance and showing the City as an additional insured; and  6,000 square foot building minimum.  FINANCIAL IMPACT:  N/A    AN ORDINANCE OF THE CITY OF SEAGOVILLE  ORDINANCE NO.  AN ORDINANCE OF THE CITY OF SEAGOVILLE, TEXAS, AMENDING CHAPTER 9, FIRE PREVENTION AND PROTECTION, ARTICLE 9.04, FIREWORKS", OF THE CODE OF ORDINANCES BY AMENDING SUBSECTION 9.04.001 (A) TO PROHIBIT THE POSSESSION, USE OR DISCHARGE OF FIREWORKS WITHIN THE CITY; AMENDING SUBSECTION 9.04.001 (B) TO PROVIDE AN EXCEPTION FOR THE SALEOFI FIREWORKS ON PROPERTY ZONED AS PLANNED DEVELOPMENT WITH LIGHT MANUFACTURING USES; AND ADOPTING A NEW SUBSECTION 9.04.001 (C) TO PROVIDE AN AFFIRMATIVE DEFENSE TO THE POSSESSION OF FIREWORKS FOR TRANSPORTING FIREWORKS IN A MOTOR VEHICLE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THISC ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF  THE CAPTION. HEREOF.  WHEREAS, the City of Seagoville desires to provide an exception to allow for the sale  of fireworks in certain areas oft the City; and  WHEREAS, the City Council further desires to amend its ordinance to prohibit the  ignition, possession or use of fireworks within the City; and  WHEREAS, the City Council finds that it would be in the best interest ofi its citizens to amend Chapter 9, "Fire Prevention and Protection", Article 9.04 of Seagoville's Code of  Ordinances as set forth below.  NOW,THEREFORE, BEIT ORDAINED BYTHE CITY COUNCIL OF THE  CITY OF SEAGOVILLE, TEXAS:  SECTION 1: Chapter 9, "Fire Prevention and Protection", Article 9.04, "Fireworks", Section 9.04.001 of Seagoville's Code of Ordinances is hereby amended as set forth below:  Page 1  TM82147    "ARTICLE 9.04 FIREWORKS Sale; Display; Storage  Sec. 9.04.001  (a) No person, firm, corporation shall sell, offer for sale, display, barter or exchange, store, use, discharge, cause to be discharged, ignite, detonate, fire or have in their possession any fireworks, as defined by International Fire Code, adopted Article 9.03 Fire Code, Section 9.03.001 of the Code of Ordinance, (b) The provisions of this ordinance as to sale or display shall not apply to the  within the jurisdiction limits of the City.  following:  (1) Property zoned as a Planned Development with allowable uses consistent with light manufacturing districts and a regulation allowing the sale,  display and storage oft the fireworks under specific conditions.  (2) Property contiguous on the north side of State Highway 175 which was annexed into the City after May 1, 2012. The provisions of this subsection (c) Its shall be an affirmative defense to prosecution under this article for the  shall expire on April 30, 2022. possession off fireworks if:  (1) The defendant was operating or was aj passenger in ai motor vehicle  that was being operating in a public place; and  (2)  the fireworks were not in the passenger area oft the vehicle."  SECTION 3: All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any  remaining portions of said ordinances shall remain in full force and effect.  SECTION 4: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full  Page 2  TM82147    force and effect. The City hereby declares that it would have passed this Ordinance, and each section, paragraph, clause or phrase thereofirrespective oft the fact that any one or more: sections, paragraphs, sentences, clauses and phrases be declared unconstitutional ori invalid.  SECTION 5: An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose.  SECTION 6: That any person violating any of the provisions or terms oft this Ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the City of Seagoville as heretofore amended and upon conviction shall be punished by a fine not to exceed  the sum ofTwo Thousand Dollars ($2,000.00) for each offense.  SECTION 7: This Ordinance shall become effective from and after its adoption and  publication as required by law.  DULY PASSED by the City Council oft the City of Seagoville, Texas, this the  day  of  2016  APPROVED:  DENNIS K. CHILDRESS, MAYOR  ATTEST:  DARA CRABTREE, CITY SECRETARY APPROVED ASTO FORM:  ALEXIS G. ALLEN, CITY ATTORNEY  Page 3  TM82147    ARTICLE 9.04 FIREWORKS  Sec. 9.04.001 Sale; display; storage  (a) No person, firm, or corporation shall sell, offer for sale, display, barter or exchange, or store any: fireworks, as defined by the International Fire Code 2000 edition, adopted by article 9.03 Fire Code, section 9.03.001 ofthis code, within thej jurisdictional limits ofthe city. (b) Fheprevisiensefthisseslionastesaleordiplayshal-ntapplylepepentycontigweus-en he-merth-side-efState-lghwwyPS-wNwhehwaamseweiime-hesiyae-May-1,2012.7he previsiens-etthsssubsectonshallexpireen-APt30,2022Ordanance-4-2adepled544A2 (b) The provisions ofthis ordinance as to sale or display shall not apply to the following: (1) Property zoned as a Planned Development with allowable uses consistent with light industrial districts and a regulation allowing the sale, display and storage of the  fireworks under specific conditions.  (2) Property contiguous on the north side of State Highway 175 which was annexed into the City after May 1,2 2012. The provisions of this subsection shall expire on (c) Itshall be an affirmative defense to prosecution undert this article for the possession  April 30, ,2022. ofi fireworks if:  (1) The defendant was operating or was aj passenger in a motor vehicle that is  operating in aj public place; and  (2) The fireworks were not ini the passenger area oft the vehicle.    Agenda Item 6  Receive Councilmember Reports BACKGROUND OF ISSUE: 551.0415 oft the Government Code.  Items of community interest with which no action can be taken, as authorized by Section  FINANCIALI IMPACT:  None    Agenda Item 7  Receive Citizen Comments BACKGROUND OF ISSUE:  Citizens may speak 61 minutes each on any matter, other than personnel matters or matters under  litigation.  FINANCIALIMPACT:  None    Agenda Item 8  Receive Future. Agenda Items BACKGROUND OF ISSUE:  Ifa Councilmember should wish for an item to be placed on a future agenda it may be requested at this time. Please keep in mind, there CANNOT be a discussion amongst the City Council  regarding such an item because iti is not listed on1 the posted agenda.  FINANCIAL IMPACT:  None    Agenda Item 9  Adjourn  BACKGROUND OF ISSUE:  At this time the Mayor may adjourn the meeting ift there is noi further business to discuss.  FINANCIAL IMPACT:  None