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City of Canyon Commission Meetings

Regular Meeting

Canyon, TX · December 5, 2022

AgendaMinutes

Minutes

City Commission Meeting December 05, 2022 The City Commission of the City of Canyon met at 4:30 pm in the City Commission Chambers of the Civic Complex. Mayor Gary Hinders presided over the meeting with the following Commissioners in attendance, Mayor Pro-Tem Cody Jones, Kelsey Ward, Paul Lyons, and Randy Ray. Also present were the following City Staff: City Manager Joe Price, Assistant City Manager Jon Behrens, HR Recruitment Manager Vivienne Sutton, Finance Director Joel Wright, Planning and Development Director Lucas Raley, Planning and Development Building Official Craig Brown, Code Inspector Danny Cornelius, Communications Director Megan Nelson, Police Chief Steve Brush, Fire Chief Dennis Gwyn, Public Works Director Dan Reese, Assistant Public Works Director Chris Enriquez, Purchasing Manager Beau Boyer, Library Director Carlene Harguess, Water Superintendent Eric Whitten, City Engineer Adolfo Garcia, Firefighter Tully Robinson, Firefighter Kylie Orcutt, Firefighter Lupe Avalos, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 4:36 pm. Item 2. Invocation. Commissioner Ray gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Mayor Pro-Tem Jones. Item 4. Approval of the Minutes of the Meeting of November 21, 2022 Mayor Pro-Tem Jones moved, duly seconded by Commissioner Ward to approve the minutes of November 21, 2022 as presented. Motion carried unanimously. Item 5. Public Comment – Comments from Interested Citizens No comments were made. Item 6. Consider and Take Appropriate Action on Petition by N&B Properties, Inc. for Voluntary Annexation of Land in the Extraterritorial Jurisdiction of the City of Canyon and Resolution No. 28-2022, A Resolution of the City of Canyon, Texas, Setting a Date, Time and Place for Public Hearings and Providing for Notice of Public Hearings in Regard to the Proposed Annexation of Property Within the Extraterritorial Jurisdiction of the City of Canyon at the Request of N&B Properties, Inc. A Texas Corporation Acting by and Through Its Duly Authorized President Robbie Christie. City Attorney Chuck Hester presented a Petition received from N&B Properties, Inc. requesting annexation of the proposed Myra Park Development. Mr. Hester also presented Resolution No. 28-2022 adopting an annexation calendar setting public hearings and adoption of Ordinance No. 1168 after all legal requirements are met. City Commission Meeting December 5, 2022 Page 2 of 5 After discussion, Commissioner Ward moved, duly seconded by Commissioner Ray to accept the Petition for Voluntary Annexation as submitted by N&B Properties. Motion carried unanimously. Commission Ray moved, duly seconded by Commissioner Ward to adopt Resolution No. 28-2022 as presented. Motion carried unanimously. RESOLUTION NO. 28-2022 A RESOLUTION OF THE CITY OF CANYON, TEXAS, SETTING A DATE, TIME, AND PLACE FOR PUBLIC HEARINGS AND PROVIDING FOR NOTICE OF PUBLIC HEARINGS IN REGARD TO THE PROPOSED ANNEXATION OF PROPERTY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CANYON AT THE REQUEST OF N&B PROPERTIES, INC. A TEXAS CORPORATION, ACTING BY AND THROUGH ITS DULY AUTHORIZED PRESIDENT, ROBBIE CHRISTIE. Item 7. Consider and Take Appropriate Action to Submit a FY 2022 FEMA SAFER Grant. Fire Chief Dennis Gwyn presented an opportunity to apply for the 2022 FEMA SAFER Grant with a request of 9 firefighters. Chief Gwyn stated it was very important to staff 9 full-time firefighters so that the Canyon Fire Department could begin 24 hour staffing as soon as possible. Chief Gwyn said this would allow for a better work/life balance for firefighters dealing with an ever-rising call volume and help retain the ISO Rating for the citizens of Canyon. After discussion, Commissioner Ward moved, duly seconded by Mayor Pro-Tem Jones to approve the request to apply for a FY 2022 FEMA SAFER Grant requesting 9 full-time Firefighters. Motion carried unanimously. Item 8. Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1166, An Ordinance of the City Commission of the City of Canyon, Texas, Rezoning the Property at 1810 3rd Avenue, Otherwise Described as Lots 5, 6, and 7, Block 35, Original Town of Canyon, an Addition to the City of Canyon, Randall County, Texas, Providing That the Zoning Classification be Posted Upon the Zoning District Maps of the City of Canyon, Providing That All Ordinances or Parts of Ordinances in Conflict Herewith are Expressly Repealed and Providing for an Effective Date. Planning and Development Director Lucas Raley presented Ordinance No. 1166 for consideration. Mr. Raley stated Kelby Harman submitted an application for a change in zoning at 1810 3rd Ave from SF-S (Single-Family Suburban Residential District to MF (Multi-Family Attached Residential District on behalf of HPS, LLC. Mr. Lucas said the proposed use of the property is to demolish the existing home and build multi-dwellings. Mr. Raley said Notice of Zoning Change letters were sent to 13 property owners within 200’ and no responses were received. Mayor Hinders opened the public hearing. There being no comment, Mayor Hinders closed the public hearing. City Commission Meeting December 5, 2022 Page 3 of 5 After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Ward to adopt Ordinance No. 1166 rezoning the property at 1810 3rd Ave.to MF (Multii-Family Attached Residential District). Motion carried unanimously. ORDINANCE NO. 1166 1810 3RD AVE ZONING AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, REZONING THE PROPERTY AT 1810 3RD AVE, OTHERWISE DESCRIBED AS LOTS 5, 6, AND 7, BLOCK 35, ORIGINAL TOWN OF CANYON, AN ADDITION TO THE CITY OF CANYON, RANDALL COUNTY, TEXAS, PROVIDING THAT THE ZONING CLASSIFICATION BE POSTED UPON THE ZONING DISTRICT MAPS OF THE CITY OF CANYON, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE EXPRESSLY REPEALED, AND PROVIDING FOR AN EFFECTIVE DATE. Item 9. Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1167, An Ordinance of the City Commission of the City of Canyon, Texas, Rezoning 1700 23rd Street, Otherwise Described as Section 63 H&GN, Block B5, 228.6 Feet South by 612 Feet West Beginning 1331 Feet South and 88 Feet West of the Northeast Corner of the Section, A Property in the City of Canyon, Randall County, Texas, Providing That the Zoning Classification be Posted Upon the Zoning District Maps of the City of Canyon, Providing That All Ordinances or Parts of Ordinances in Conflict Herewith are Expressly Repealed, and Providing for an Effective Date. Planning and Development Director Lucas Raley presented Ordinance No. 1167 for consideration. Mr. Raley stated Mark Zimmerman submitted an application for a change in zoning for the property at 1700 23rd St on behalf of Hillside Christian Church. The property is located just north of the Hillside Christian Church at 1800 23rd Street and is currently zoned as SF-A (Single Family Agricultural Residential District) which is intended for primarily undeveloped land and agricultural uses. Mr. Raley said Hillside Christian Church is requesting RC-2 Zoning (Commercial District and propose to develop the property for a new religious worship center. Mr. Raley stated the Planning and Zoning Commission voted unanimously to recommend approval of the zoning request. Mayor Hinders opened the public hearing. Sean Vokes, Senior Executive Pastor of Hillside Christian Church spoke in favor of the request. There being no other comments, Mayor Hinders closed the public hearing. After discussion Commissioner Ray moved, duly seconded by Mayor Pro-Tem Jones to adopt Ordinance No. 1167 rezoning Hillside Christian Church property at 1700 23rd St. to RC-2 (Commercial District). Motion carried unanimously. City Commission Meeting December 5, 2022 Page 4 of 5 ORDINANCE NO. 1167 Hillside Christian Church Zoning AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, REZONING 1700 23RD STREET, OTHERWISE DESCRIBED AS SECTION 63 H&GN, BLOCK B5,228.6 FEET SOUTH BY 612 FEET WEST BEGINNING 1331 FEET SOUTH AND 88 FEET WEST OF THE NORTHEAST CORNER OF THE SECTION, A PROPERTY IN THE CITY OF CANYON, RANDALL COUNTY, TEXAS, PROVIDING THAT THE ZONING CLASSIFICATION BE POSTED UPON THE ZONING DISTRICT MAPS OF THE CITY OF CANYON, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE EXPRESSLY REPEALED, AND PROVIDING FOR AN EFFECTIVE DATE. Item 10. Consider and Take Appropriate Action on Presentation of Planning and Development 2021-2022 Fiscal Year Annual Report. Planning and Development Director Lucas Raley gave a summary of activity in the Planning and Development Department for 2021-2022. No action required. Item 11. Consider and Take Appropriate Action on Presentation and Adoption of 2022 Canyon Downtown Plan. Assistant City Manager Jon Behrens presented the 2022 Downtown Plan for consideration. Mr. Behrens gave a brief overview of the process to develop the Downtown Plan in conjunction with Freese and Nichols that began with Commission authorization to proceed January 21, 2021. After discussion, Commissioner Ray moved, duly seconded by Mayor Pro-Tem Jones to adopt the 2022 Canyon Downtown Plan. Motion carried unanimously. Item 12. Executive Session Pursuant to §551.071 Consultation with Attorney, §551.074 Personnel Matters (EDC Director) and §551.074 Board Appointments (Construction Advisory and Appeals Board, Canyon Area Library Board, Planning and Zoning Commission, Parks Open Space and Recreation Advisory Committee, Zoning Board of Adjustment, Main Street Advisory Board). Mayor Hinders indicated the City Commission would adjourn into Executive Session at 5:38 pm. Item 11. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 6:44 pm, no action was taken. City Commission Meeting December 5, 2022 Page 5 of 5 Item 12. Adjourn. There being no further business, Mayor Pro-Tem Jones moved this meeting be adjourned at 6:44 pm. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary

Agenda

AGENDA NOTICE OF MEETING Notice is hereby given that the governing body of the City of Canyon will meet at 4:30 p.m. on Monday, the 5th day of December 2022 in the Commission Chambers of City Hall at 301 16th Street in the City of Canyon to discuss the following agenda items. The meeting is broadcast on YouTube. YouTube does provide closed captioning on the recorded video, it is not provided real-time. 1. Call to Order. 2. Invocation. 3. Pledge of Allegiance. 4. Approval of the Minutes of the Meeting of November 21, 2022. 5. Public Comment – Comments from Interested Citizens. 6. Consider and Take Appropriate Action on Petition by N&B Properties, Inc. for Voluntary Annexation of Land in the Extraterritorial Jurisdiction of the City of Canyon and Resolution No. 28-2022, A Resolution of the City of Canyon, Texas, Setting a Date, Time, and Place for Public Hearings and Providing for Notice of Public Hearings in Regard to the Proposed Annexation of Property Within the Extraterritorial Jurisdiction of the City of Canyon at the Request of N&B Properties, Inc. A Texas Corporation Acting by and Through Its Duly Authorized President Robbie Christie 7. Consider and Take Appropriate Action to Submit a FY 2022 FEMA SAFER Grant. 8. Conduct Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1166 Rezoning the Property at 1810 3rd Avenue from SF-S (Single-Family Suburban Residential District) to MF (Multi- Family Attached Residential District). 9. Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1167, Rezoning 1700 23rd St from SF-A (Single Family Agricultural Residential District) to RC-2 (Commercial District). 10. Consider and Take Appropriate Action on Presentation of Planning and Development 2021-2022 Fiscal Year Annual Report. 11. Consider and Take Appropriate Action on Presentation and Adoption of 2022 Canyon Downtown Plan. 12 Executive Session Pursuant to §551.071 Consultation with Attorney, §551.074 Personnel Matters (EDC Director) and §551.074 Board Appointments (Construction Advisory and Appeals Board, Canyon Area Library Board, Planning and Zoning Commission, Parks, Open Space and Recreation Advisory Committee, Zoning Board of Adjustment, Main Street Advisory Board). 13. Consider and Take Appropriate Action on Items Discussed in Executive Session. 14. Adjourn. Joe Price Joe Price, City Manager I certify that the above Notice of Meeting was posted on the bulletin board of the Civic Complex of the City of Canyon, Texas on the 2nd day of December 2022. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting November 21, 2022 The City Commission of the City of Canyon met at 4:30 pm in the City Commission Chambers of the Civic Complex. Mayor Gary Hinders presided over the meeting with the following Commissioners in attendance, Mayor Pro-Tem Cody Jones, Paul Lyons, and Randy Ray. Commissioner Kelsey Ward was unable to attend. Also present were the following City Staff: City Manager Joe Price, Assistant City Manager Jon Behrens, City Secretary Gretchen Mercer, Planning and Development Director Lucas Raley, Planning and Development Building Official Craig Brown, Police Chief Steve Brush, Police Captain Matt Coggins, Fire Chief Dennis Gwyn, Public Works Director Dan Reese, HR Director Hector Mendoza, Parks and Recreation Director Brian Noel, Water Superintendent Eric Whitten, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 4:37 pm. Item 2. Invocation. Mayor Pro-Tem Jones gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Commissioner Ray. Item 4. Approval of the Minutes of the Meeting of November 8, 2022 Mayor Pro-Tem Jones moved, duly seconded by Commissioner Ray to approve the minutes of November 8, 2022 as presented. Motion carried unanimously. Item 5. Public Comment – Comments from Interested Citizens No comments were made. Item 6. Introduction of Planning and Development Director Lucas Raley. City Manager Joe Price introduced Planning and Development Director Lucas Raley. Commissioners welcomed Mr. Raley. Item 7. Presentation of Lifesaving Awards to Canyon Police Department Corporal Garrett Banes and Patrol Officer Jabril Hill for Their Actions on October 13, 2022. Canyon Police Chief Steve Brush presented lifesaving medals and plaques to Corporal Garrett Banes and Officer Jabril Hill publicly recognizing both for heroic actions of saving the life of a women involved in an auto accident and pulling her from her vehicle that had become engulfed in flames. Commissioners expressed gratitude to Corporal Banes and Officer Hill and commended them for their public service. City Commission Meeting November 21, 2022 Page 2 of 3 Item 8. Consider and Take Appropriate Action on Adoption of Canyon Downtown TIRZ #1 Final Project Plan. Assistant City Manager Jon Behrens presented the final project plan for the Canyon Downtown TIRZ #1. Mr. Behrens said the TIRZ #1 Board met Tuesday, November 1, 2022 and took final action required to move forward and recommend adoption of the final plan to the City Commission. After discussion, Commissioner Ray moved, duly seconded by Mayor Pro-Tem Jones to adopt the Canyon Downtown TIRZ #1 Final Project Plan. Motion carried unanimously. Item 9. Consider and Take Appropriate Action on Chapman Forestry Foundation Grant Acceptance and Update of Canyon Aqua Park (The CAP) 2022 Season. Parks and Recreation Director Brian Noel the Chapman Forestry Foundation had awarded the City of Canyon a grant for $2500 for the purchase and planting of trees. Mr. Noel said the grant allowed the Parks Department to plant 27 trees in the Canyon East Park and Canyon East Parkway. Mr. Noel then gave an update on the 2022 season for The CAP stating more than 41,000 guests were hosted by The CAP with a total revenue of $479,119. Mr. Noel commended The CAP staff for getting the job done even though short staffed. After discussion Mayor Pro-Tem Jones moved, duly seconded by Commissioner Ray to accept the $2500 grant check from the Chapman Forestry Foundation. Motion carried unanimously. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Ray to approve the Annual Report for The CAP 2022 Season. Motion carried unanimously. Item 10. Executive Session Pursuant to §551.071 Consultation with Attorney, §551.074 Personnel Matters (EDC Director) and §551.074 Board Appointments (Board of City Development, Canyon Housing Authority, Construction Advisory and Appeals Board, Canyon Area Library Board, Planning and Zoning Commission, Parks Open Space and Recreation Advisory Committee, Zoning Board of Adjustment, Main Street Advisory Board). Mayor Hinders indicated the City Commission would adjourn into Executive Session at 4:54 pm. Item 11. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 6:20 pm with the following action taken. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Ray to reappoint Lyndon Harrison and George Nester for another term to the Board of City Development. Motion carried unanimously. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Lyons to reappoint Kent Bridenstine, Gerry Nickell, Medina Ortiz, and Connie Hopson to the Canyon Housing Authority Board. Motion carried unanimously. City Commission Meeting November 21, 2022 Page 3 of 3 Item 12. Adjourn. There being no further business, Mayor Pro-Tem Jones moved this meeting be adjourned at 6:21 pm. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary AGENDA ITEM 6 AGENDA To: Mayor and City Commission From: Chuck Hester, City Attorney Date: December 5, 2022 Re: Consider and Take Appropriate Action on Petition by N&B Properties, Inc. for Voluntary Annexation of Land in the Extraterritorial Jurisdiction of the City of Canyon and Resolution No. 28-2022 Adopting Annexation Calendar. The City Manager supported by the development review team has, over the past several months, been working through the details of the proposed Mayra Park development. The agreements providing for the municipal plan of service, on and off site utility extensions and the development agreement governing the construction of the proposed subdivision are now in place. The landowner has submitted the attached Petition to have the land annexed into the City and extend the municipal boundaries to include such property. Also attached is a proposed annexation calendar, Resolution No. 28-2022 adopting the calendar and Ordinance No. 1168 together with the notice of public hearings. The action to be considered is to accept or reject the Petition. If the Petition is accepted the calendar should then be considered. We recommend acceptance of the Petition. RECOMMENDED MOTIONS I move to accept/reject the Petition for Voluntary Annexation submitted by N&B Properties, Inc. If accepted add- “and to adopt Resolution No. 28-2022”. Chuck Hester City Attorney City of Canyon PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION TO: The Mayor and City Commission of the City of Canyon, Texas N & B PROPERTIES, INC, a Texas corporation, acting by and through ROBBIE CHRISTIE, its duly authorized President, hereinafter referred to as, Petitioner, pursuant to the Canyon City Charter, and Chapter 43, Title 2 Subtitle C, TEX. LOC. GOV'T CODE ANN., petitions for annexation of the unincorporated territory in Randall County, Texas, described in Exhibit A attached hereto and incorporated by reference for all purposes: 1. The territory proposed for annexation is not presently within the boundaries of any incorporated city, town or village is and lies within extraterritorial jurisdiction (“ETJ”) of the City of Canyon contiguous to the city limits of the City of Canyon. 2. The property has ingress and egress to public right-of-way or easements which serve the tract proposed for annexation. 3. Petitioner is the owner in fee simple of the entire tract described above. 4. The territory proposed for annexation is located within the following districts and/or political subdivisions: (a.) Randall County Canyon Independent School District South Randall County Hospital District Randall County Noxious Weed Control District 5. The land does not lie within the right of way of a railroad. 6. Petitioner proposes to use the property for residential and light commercial development purposes. 7. The property proposed for annexation is not described in a recorded plat at this time, but is described on the attached Exhibit A. 8. Petitioner and the City have discussed the advisability of and necessity for a development agreement pursuant to TEX. LOC. GOV'T CODE §212.172. Petitioner has declined to enter into a development agreement providing for an ETJ development and seeks to have the property annexed into the City limits. The ETJ of the City of Canyon will be extended by the annexation as determined in accordance with Chapter 42 TEX. LOC. GOVT. CODE. A development agreement for construction within the municipality following annexation is attached as Exhibit B and incorporated by reference for all purposes. 9. The land to be annexed contains fewer than 200 tracts. 10. The land to be annexed has no permanent residents at this time. 11. Petitioner therefore requests that the tract described above be annexed and incorporated into the City of Canyon for general purposes. 12. In the event Petitioners should withdraw the request for voluntary annexation prior to final action by the City Commission, Petitioners agree to pay all publication expenses incurred by the City of Canyon in connection with such request and petition. PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 1 OF 25 EXHIBIT A PROPERTY LEGAL DESCRIPTION A 200.02 acre± tract of land in the North one-half of Section 3, Block B5, H. & G.N. RR Company Survey, Randall County, Texas and having been surveyed on the ground by Furman Land Surveyors, Inc. on December 6, 2021 and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod with cap stamped "FURMAN RPLS" found in the West monumented right-of-way line of F.M. 2590 (Volume 247, Page 294) at the Southeast corner of the herein described tract of land, same point being the Northeast corner of a 29.28 acre tract of land as described in that certain instrument of conveyance recorded under Clerk's File No. 2013001955 of the Official Public Records of Randall County, Texas, from whence a 1/2 inch iron pipe found as called for at the Southwest corner of said Section 3 bears South 00° 09' 00" West, 2671.26 feet and North 89° 53' 42" West (base line) 5256.11 feet; THENCE South 89° 59' 46" West along the South line of the North one-half of said Section 3, at 1305.66 feet passing a 1/2 inch iron rod with cap stamped "FURMAN RPLS" found at the Northwest corner of said 29.28 acre tract of land, same point being the Northeast corner of a 190.27 acre tract of land as described in that certain instrument of conveyance recorded under Clerk's File No. 00624394 of the Official Public Records of Randall County, Texas, a total distance of 3291.70 feet to a 1/2 inch iron rod found at the Southwest corner of this tract of land, from whence a 1/2 inch iron rod with illegible cap found at the Northwest corner of said 190.27 acre tract of land bears South 89° 59' 46" West, 1226.65 feet; THENCE North 00° 11' 37" East, at 2615.10 feet passing a 1/2 inch iron rod with cap stamped "DORSEY" found in the South monumented right-of-way line of W. Country Club Road (dedication/easement unknown), a total distance of 2665.10 feet to a point in the North line of said Section 3 at the Northwest corner of this tract of land; THENCE North 89° 53' 42" East along the North line of said Section 3, a distance of 3289.70 feet to the Northeast corner of this tract of land; THENCE South 00° 09' 00" West along the West monumented right-of-way line of said F.M. 2590, at 50.00 feet passing a brass highway right-of-way marker found, a total distance of 2243.48 feet to a 1/2 inch iron rod with cap stamped "CI" found as called for at the Northeast corner of a 1.526 acre tract of land as described in that certain instrument of conveyance recorded in Volume 1851, Page 30 of the Deed Records of Randall County, Texas; THENCE South 84° 28' 22" West, 380.80 feet to a 1/2 inch iron rod with cap stamped "CI" found as called for at the Northwest corner of said 1.526 acre tract of land; THENCE South 03° 18' 52" East, 150.78 feet to a 1/2 inch iron rod found at the Southwest corner of said 1.526 acre tract of land; THENCE South 87° 13' 36" East, 370.20 feet to a 1/2 inch iron rod with cap stamped "CI" found as called for at the Southeast corner of said 1.526 acre tract of land; THENCE South 00° 09' 00" West along the West monumented right-of-way line of said FM 2590 a distance of 222.29 feet to the PLACE OF BEGINNING and containing a computed area of 200.02 acres of land, of which 3.78 acre± lies within the right-of-way of W. Country Club Road, leaving a net area of 196.24 acres of land, more or less. EXHIBIT A TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 3 OF 25 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 4 OF 25 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 5 OF 25 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 6 OF 25 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 7 OF 25 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 8 OF 25 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 9 OF 25 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 10 OF 25 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 11 OF 25 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 12 OF 25 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 13 OF 25 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 14 OF 25 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 15 OF 25 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 16 OF 25 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 17 OF 25 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 18 OF 25 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 19 OF 25 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 20 OF 25 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 21 OF 25 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 22 OF 25 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 23 OF 25 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 24 OF 25 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 25 OF 25 Mayra Park Annexation Data displayed were gathered by the City of Canyon for municipal purposes. No guarantee is made regarding suitability for any other use or purpose. ORDINANCE NO.1168 ANNEXING TERRITORY TO THE CITY OF CANYON N & B PROPERTIES, INC MAYRA PARK ADDITION AN ORDINANCE OF THE CITY OF CANYON, TEXAS, ANNEXING THE TERRITORY HEREIN DESCRIBED TO THE CITY OF CANYON IN RANDALL COUNTY, TEXAS, EXTENDING THE BOUNDARY LIMITS OF THE CITY OF CANYON TO INCLUDE THE PROPERTY HEREIN DESCRIBED WITHIN THE SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY. WHEREAS, the TEXAS LOCAL GOVERNMENT CODE and the municipal charter of the City of Canyon authorizes the annexation of the territory described in this Ordinance subject to the laws of the State of Texas; and, WHEREAS, the procedures prescribed by the TEXAS LOCAL GOVERNMENT CODE and the municipal charter of the City of Canyon and the other laws of the State of Texas have been duly complied with and followed with respect to the annexation of the following described territory, to wit: LEGAL DESCRIPTION Attached as Exhibit A incorporated by reference for all purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS; SECTION 1: That the property hereinabove described is hereby annexed to the City of Canyon, a home rule municipal corporation in Randall County, Texas, and that the boundary limits of the City of Canyon be and the same are hereby extended to include the above-described territory within the city limits of the City of Canyon and the same shall hereafter be included within the territorial limits of said City and the inhabitants thereof shall hereafter be entitled to all the rights and privileges of other citizens the City of Canyon and shall be bound by the acts, ordinances, resolutions and regulations of the City of Canyon. The City Clerk of the City of Canyon is hereby directed to file with the County Clerk of Randall County, Texas, a certified copy of this Ordinance to evidence the annexation of the territory herein described and the extension of the city limits of the City to include all such property. PAGE 1 OF 3 ADOPTED by the City Commission of the City of Canyon on February 13, 2023. ___________________________________ GARY HINDERS, Mayor ATTEST: ___________________________________ GRETCHEN MERCER, City Clerk ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF RANDALL § This instrument was subscribed and acknowledged before me on the 13th day of February, 2023, by GARY HINDERS, Mayor of the City of Canyon, Texas. ____________________________________ Notary Public, State of Texas AFTER RECORDING, RETURN TO: City of Canyon 301 16th Street Canyon, TX 79015 PAGE 2 OF 3 Exbibit A PROPERTY LEGAL DESCRIPTION A 200.02 acre± tract of land in the North one-half of Section 3, Block B5, H. & G.N. RR Company Survey, Randall County, Texas and having been surveyed on the ground by Furman Land Surveyors, Inc. on December 6, 2021 and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod with cap stamped "FURMAN RPLS" found in the West monumented right-of-way line of F.M. 2590 (Volume 247, Page 294) at the Southeast corner of the herein described tract of land, same point being the Northeast corner of a 29.28 acre tract of land as described in that certain instrument of conveyance recorded under Clerk's File No. 2013001955 of the Official Public Records of Randall County, Texas, from whence a 1/2 inch iron pipe found as called for at the Southwest corner of said Section 3 bears South 00° 09' 00" West, 2671.26 feet and North 89° 53' 42" West (base line) 5256.11 feet; THENCE South 89° 59' 46" West along the South line of the North one-half of said Section 3, at 1305.66 feet passing a 1/2 inch iron rod with cap stamped "FURMAN RPLS" found at the Northwest corner of said 29.28 acre tract of land, same point being the Northeast corner of a 190.27 acre tract of land as described in that certain instrument of conveyance recorded under Clerk's File No. 00624394 of the Official Public Records of Randall County, Texas, a total distance of 3291.70 feet to a 1/2 inch iron rod found at the Southwest corner of this tract of land, from whence a 1/2 inch iron rod with illegible cap found at the Northwest corner of said 190.27 acre tract of land bears South 89° 59' 46" West, 1226.65 feet; THENCE North 00° 11' 37" East, at 2615.10 feet passing a 1/2 inch iron rod with cap stamped "DORSEY" found in the South monumented right-of-way line of W. Country Club Road (dedication/easement unknown), a total distance of 2665.10 feet to a point in the North line of said Section 3 at the Northwest corner of this tract of land; THENCE North 89° 53' 42" East along the North line of said Section 3, a distance of 3289.70 feet to the Northeast corner of this tract of land; THENCE South 00° 09' 00" West along the West monumented right-of-way line of said F.M. 2590, at 50.00 feet passing a brass highway right-of-way marker found, a total distance of 2243.48 feet to a 1/2 inch iron rod with cap stamped "CI" found as called for at the Northeast corner of a 1.526 acre tract of land as described in that certain instrument of conveyance recorded in Volume 1851, Page 30 of the Deed Records of Randall County, Texas; THENCE South 84° 28' 22" West, 380.80 feet to a 1/2 inch iron rod with cap stamped "CI" found as called for at the Northwest corner of said 1.526 acre tract of land; THENCE South 03° 18' 52" East, 150.78 feet to a 1/2 inch iron rod found at the Southwest corner of said 1.526 acre tract of land; THENCE South 87° 13' 36" East, 370.20 feet to a 1/2 inch iron rod with cap stamped "CI" found as called for at the Southeast corner of said 1.526 acre tract of land; THENCE South 00° 09' 00" West along the West monumented right-of-way line of said FM 2590 a distance of 222.29 feet to the PLACE OF BEGINNING and containing a computed area of 200.02 acres of land, of which 3.78 acre± lies within the right-of-way of W. Country Club Road, leaving a net area of 196.24 acres of land, more or less. PAGE 3 OF 3 RESOLUTION NO. 28-2022 A RESOLUTION OF THE CITY OF CANYON, TEXAS, SETTING A DATE, TIME, AND PLACE FOR PUBLIC HEARINGS AND PROVIDING FOR NOTICE OF PUBLIC HEARINGS IN REGARD TO THE PROPOSED ANNEXATION OF PROPERTY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CANYON AT THE REQUEST OF N & B PROPERTIES, INC, A TEXAS CORPORATION, ACTING BY AND THROUGH ITS DULY AUTHORIZED PRESIDENT, ROBBIE CHRISTIE. MAYRA PARK ANNEXATION WHEREAS, a petition for voluntary annexation of land within the extraterritorial jurisdiction (ETJ) of the City of Canyon has been presented by N & B PROPERTIES, INC, A Texas corporation, acting by and through ROBBIE CHRISTIE, its duly authorized President; and; WHEREAS, the City Commission agrees that voluntary annexation proceedings should be initiated on this date; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: SECTION 1.: WHEREAS; the City Commission finds that it is in the public interest to extend the boundaries of the municipality to include the property adjacent to the municipal boundaries of the City herein described; and, WHEREAS; the unincorporated territory to be annexed consists of unimproved property with Petitioner as the sole land owner and with no residents living within the unincorporated territory to be annexed. The territory to be annexed is exempt under TEX. LOC. GOV'T. CODE CHAPTER 43, TITLE 2, SUBTITLE C; and, WHEREAS; the unincorporated territory proposed for annexation is described in Section 2 below is not described in a recorded plat at this time. SECTION 2.: THEREFORE, the City Commission proposes to publish notices of public hearings and to conduct public hearings for the purpose of considering whether to extend the municipal boundaries of the City of Canyon to include the property which now lies adjacent to the city limits within the extraterritorial jurisdiction of the City, described in Exhibit A attached hereto and incorporated by reference for all purposes. RESOLUTION ADOPTING ANNEXATION CALENDAR PAGE 1 OF 9 SECTION 3.: The following calendar is adopted by the City Commission to govern the publication and posting of notices and public hearings to be held as required by law: ANNEXATION CALENDAR Monday, December 5, 2022 Adopt Annexation Calendar Thursday, December 22, 2022 Publish Notice of Public Hearings in Canyon News Thursday, December 22, 2022 Post annexation calendar on City of Canyon internet website, Notice to CISD, Randall County, Potter- Randall Appraisal District, Randall County Noxious Weed Control District, BSA EMS South Randall County Hospital District Friday, January 6, 2023 Post Notice of Public Hearings under the Texas Open Meetings Act Monday, January 9, 2023 Hold First Public Hearing (separate agenda item) Monday, January 9, 2023 Hold Second Public Hearing (separate agenda item) Friday, February 10, 2023 Post Notice of action upon proposed ordinance pursuant to the Texas Open Meetings Act Monday, February 13, 2023 Consider and act upon adoption of Annexation Ordinance SECTION 4: The municipal Plan of Service approved by the landowner and the City is attached as Exhibit B and incorporated by reference. ADOPTED ON December 5, 2022. ___________________________________ GARY HINDERS, Mayor ATTEST: ___________________________________ GRETCHEN MERCER, City Secretary RESOLUTION ADOPTING ANNEXATION CALENDAR PAGE 2 OF 9 Exhibit A PROPERTY LEGAL DESCRIPTION A 200.02 acre± tract of land in the North one-half of Section 3, Block B5, H. & G.N. RR Company Survey, Randall County, Texas and having been surveyed on the ground by Furman Land Surveyors, Inc. on December 6, 2021 and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod with cap stamped "FURMAN RPLS" found in the West monumented right-of-way line of F.M. 2590 (Volume 247, Page 294) at the Southeast corner of the herein described tract of land, same point being the Northeast corner of a 29.28 acre tract of land as described in that certain instrument of conveyance recorded under Clerk's File No. 2013001955 of the Official Public Records of Randall County, Texas, from whence a 1/2 inch iron pipe found as called for at the Southwest corner of said Section 3 bears South 00° 09' 00" West, 2671.26 feet and North 89° 53' 42" West (base line) 5256.11 feet; THENCE South 89° 59' 46" West along the South line of the North one-half of said Section 3, at 1305.66 feet passing a 1/2 inch iron rod with cap stamped "FURMAN RPLS" found at the Northwest corner of said 29.28 acre tract of land, same point being the Northeast corner of a 190.27 acre tract of land as described in that certain instrument of conveyance recorded under Clerk's File No. 00624394 of the Official Public Records of Randall County, Texas, a total distance of 3291.70 feet to a 1/2 inch iron rod found at the Southwest corner of this tract of land, from whence a 1/2 inch iron rod with illegible cap found at the Northwest corner of said 190.27 acre tract of land bears South 89° 59' 46" West, 1226.65 feet; THENCE North 00° 11' 37" East, at 2615.10 feet passing a 1/2 inch iron rod with cap stamped "DORSEY" found in the South monumented right-of-way line of W. Country Club Road (dedication/easement unknown), a total distance of 2665.10 feet to a point in the North line of said Section 3 at the Northwest corner of this tract of land; THENCE North 89° 53' 42" East along the North line of said Section 3, a distance of 3289.70 feet to the Northeast corner of this tract of land; THENCE South 00° 09' 00" West along the West monumented right-of-way line of said F.M. 2590, at 50.00 feet passing a brass highway right-of-way marker found, a total distance of 2243.48 feet to a 1/2 inch iron rod with cap stamped "CI" found as called for at the Northeast corner of a 1.526 acre tract of land as described in that certain instrument of conveyance recorded in Volume 1851, Page 30 of the Deed Records of Randall County, Texas; THENCE South 84° 28' 22" West, 380.80 feet to a 1/2 inch iron rod with cap stamped "CI" found as called for at the Northwest corner of said 1.526 acre tract of land; THENCE South 03° 18' 52" East, 150.78 feet to a 1/2 inch iron rod found at the Southwest corner of said 1.526 acre tract of land; THENCE South 87° 13' 36" East, 370.20 feet to a 1/2 inch iron rod with cap stamped "CI" found as called for at the Southeast corner of said 1.526 acre tract of land; THENCE South 00° 09' 00" West along the West monumented right-of-way line of said FM 2590 a distance of 222.29 feet to the PLACE OF BEGINNING and containing a computed area of 200.02 acres of land, of which 3.78 acre± lies within the right-of-way of W. Country Club Road, leaving a net area of 196.24 acres of land, more or less. RESOLUTION ADOPTING ANNEXATION CALENDAR – EXHIBIT A PAGE 3 OF 9 Exhibit B RESOLUTION ADOPTING ANNEXATION CALENDAR – EXHIBIT B PAGE 4 OF 9 Exhibit B RESOLUTION ADOPTING ANNEXATION CALENDAR – EXHIBIT B PAGE 5 OF 9 Exhibit B RESOLUTION ADOPTING ANNEXATION CALENDAR – EXHIBIT B PAGE 6 OF 9 Exhibit B RESOLUTION ADOPTING ANNEXATION CALENDAR – EXHIBIT B PAGE 7 OF 9 Exhibit B RESOLUTION ADOPTING ANNEXATION CALENDAR – EXHIBIT B PAGE 8 OF 9 Exhibit B RESOLUTION ADOPTING ANNEXATION CALENDAR – EXHIBIT B PAGE 9 OF 9 AGENDA ITEM 7 AGENDA To: Joe Price, City Manager From: Dennis Gwyn. Fire Chief Date: December 5, 2022 Re: Consider and Take Appropriate Action to Submit a FY 2022 FEMA SAFER Grant The FY 2022 FEMA SAFER Grant application period is to open after the first of the 2023 year. At this time there has been no definite date set. The FY 2021 SAFER Grant that the City applied for has not been awarded. In that grant application, 6 firefighters were requested. SAFER Grant Request: With the FY 2022 SAFER Grant, we are requesting approval of 9 firefighters. The reason for 9 firefighters is that it is of the utmost importance that the Canyon Fire Department begin 24 hour staffing as soon as possible. In a recent staff meeting, which was called for by the firefighter staff, it was presented to Asst. Chief Whitfill and I that our firefighter staff is seeking a better work/life balance with the ever- rising call volume. (Total calls for service in 2022 are predicted to be close to 1750 with 1610 in 2021) Our staff presented possibilities of beginning 24-hour staffing with the current number of staff which would only put 2 firefighters on each shift. (Which in no way could we maintain anything close to providing an adequate fire response during the weekday, daytime hours.) ISO Rating Drop • Dropping from a rating of 2 to a 4 • Homeowner Insurance increase of 15 – 20% (significant increase) • Why did we / are we dropping from a 2 to a 4? o Fire Department Staffing and Operations • Can we prevent our community from dropping to a 4? o Yes. If we increase Fire Department Staffing and provide 24-hour coverage. Current Volunteer Staffing Situation: • Began 2022 with 23 volunteer members and 6 Recruits • Ending 2022 with 19 volunteer members and 2 Recruits o 1 Volunteer member retired. o 1 Volunteer member passed away. o 1 Volunteer member resigned – Time Commitment. o 1 Volunteer member hired as a Career Firefighter. o 3 Recruit members resigned during Training Academy – Time Commitment. City of Canyon AGENDA o 1 Recruit member dismissed – Quit showing up. Future Fire Department Operations: With the addition of 9 more firefighters, this would give us 15 firefighters on staff. We still need a total of 18 firefighters (3 more), at our current station to be fully staffed. 24 Hour Shift Requirement: Minimum of 15 firefighters (ideally we need 18 - for 6 firefighters on each shift). Shifts: With 15 firefighters, we would be able to divide into 3 shifts (5 firefighters each) and begin 24- hour staffing, 7 days a week which will result in greater retention of current and future staff. Additionally, this would allow for Volunteer staff to have the option of being EMS Certified, lessening the minimum initial training requirement for Volunteer members. Volunteer members will still be needed to supplement the duty crews on larger incidents. A Shift: 5 Firefighters (48-hours on and 96-hours off) B Shift: 5 Firefighters (48-hours on and 96-hours off) C Shift: 5 Firefighters (48-hours on and 96-hours off) Financial Requirements (9 Firefighters - Base Salaries/Benefits): Year 1: $ 671,077.66 Year 2: $ 695.442.95 Year 3: $ 720.793.51 TOTAL FY 22 SAFER GRANT REQUEST: $ 2,087,314.12 Year 4: $ 746,630.76 (First Year After Grant Funding) ACTION – COMMISSION APPROVAL TO SUBMIT FY 2022 SAFER GRANT APPLICATION I move to approve/deny the request to apply for a FY 2022 FEMA SAFER Grant for 9 fulltime Firefighters. City of Canyon AGENDA ITEM 8 AGENDA To: Joe Price, City Manager From: Lucas Raley, Director of Planning and Development Date: December 5, 2022 Re: Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1166, Rezoning the Property at 1810 3rd Ave from SF-S (Single- Family Suburban Residential District) to MF (Multi-Family Attached Residential District). Kelby Hartman, representing HPS, LLC., has submitted the attached application for a change in zoning for a property at 1810 3rd Ave. The requested zoning district is MF (Multi-Family Attached Residential District). The current zoning is SF-S (Single-Family Suburban Residential District). He plans to demolish the existing home and build multi-dwellings on the property. Notices were sent to 13 owners of property within 200’ of the request. No responses were received. The Planning and Zoning Commission voted unanimously to recommend approval of the zoning request. RECOMMENDED MOTION “I move to adopt/deny Ordinance No. 1166, rezoning the property at 1810 3rd Ave to MF (Multi-Family Attached Residential District).” City of Canyon Map 1000' Data displayed were gathered by the City of Canyon for municipal purposes. No guarantee is made regarding suitability for any other use or purpose. 10/11/22 08:56 ORDINANCE NO. 1166 1810 3rd Ave Zoning AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, REZONING THE PROPERTY AT 1810 3RD AVE, OTHERWISE DESCRIBED AS LOTS 5, 6, AND 7, BLOCK 35, ORIGINAL TOWN OF CANYON, AN ADDITION TO THE CITY OF CANYON, RANDALL COUNTY, TEXAS, PROVIDING THAT THE ZONING CLASSIFICATION BE POSTED UPON THE ZONING DISTRICT MAPS OF THE CITY OF CANYON, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE EXPRESSLY REPEALED, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission conducted a public hearing on November 14, 2022 for the purpose of considering rezoning certain properties situated in the City of Canyon. All owners of property within 200 feet, as indicated by the most recently approved municipal tax roll of real estate property, were given written notification, and opportunity to be heard, and proper notice by publication was given through the local newspaper in accordance with City Charter provisions, the Code of Ordinances and the Texas Local Government Code; and WHEREAS, the Planning and Zoning Commission has recommended rezoning the property from SF-S (Single-Family Suburban Residential District) to MF (Multi-Family Attached Residential District); and WHEREAS, the City Commission conducted a public hearing at its regular meeting and considered the recommendation by the Planning and Zoning Commission for rezoning; and WHEREAS, the passage, promulgation, and enforcement of the provisions herein contained are deemed necessary and advisable for the promotion of the general welfare of the community to carry out the governmental powers delegated to and possessed by the City of Canyon; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: SECTION 1. The City Commission, at its public hearing, reviewed the request and the circumstances of the area and it concurs with the recommendation of the Planning and Zoning Commission regarding zoning for the properties in question. SECTION 2. That the property at 1810 3rd Ave, otherwise described as Lots 5, 6, and 7, Block 35, Original Town of Canyon is hereby rezoned MF (Multi-Family Attached Residential District). SECTION 3. That this Zoning classification be posted upon the Zoning District maps of the City of Canyon and filed with the City Secretary and Building Inspector of the City of Canyon. SECTION 4. That all ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City of Canyon not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase, or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part of provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 6. This ordinance shall take effect immediately from and after its passage. DULY PASSED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, on the 5th day of December, 2022. APPROVED: _______________________ Gary Hinders, Mayor ATTESTED TO: _________________________ Gretchen Mercer, City Clerk AGENDA ITEM 9 AGENDA To: Joe Price, City Manager From: Lucas Raley, Director of Planning and Development Date: December 5, 2022 Re: Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1167, Rezoning 1700 23rd St from SF-A (Single-Family Agricultural Residential District) to RC-2 (Commercial District). Mark Zimmerman representing Hillside Christian Church has submitted the attached application for change in zoning for the property at 1700 23rd St, just north of the church at 1800 23rd St. They are developing the property for a new religious worship center. The proposed zoning is RC-2 (Commercial District). The existing church location at 1800 23rd St is zoned RC-2. The property was annexed as SF-A (Single-Family Agricultural Residential District) which is intended for principally undeveloped land and agricultural uses. There are no adjacent property owners within 200’ and within the City limits. Public hearing notices were placed in the Canyon News. The Planning and Zoning Commission voted unanimously to recommend approval of the zoning request. RECOMMENDED MOTION “I move to adopt/deny Ordinance No. 1167, rezoning the Hillside Christian Church property at 1700 23rd St to RC-2 (Commercial District).” City of Canyon Map Data displayed were gathered by the City of Canyon for municipal purposes. No guarantee is made regarding suitability for any other use or purpose. 10/05/22 11:46 ORDINANCE NO. 1167 Hillside Christian Church Zoning AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, REZONING 1700 23rd STREET, OTHERWISE DESCRIBED AS SECTION 63 H & G N, BLOCK B5, 228.6 FEET SOUTH BY 612 FEET WEST BEGINNING 1331 FEET SOUTH AND 88 FEET WEST OF THE NORTHEAST CORNER OF THE SECTION, A PROPERTY IN THE CITY OF CANYON, RANDALL COUNTY, TEXAS, PROVIDING THAT THE ZONING CLASSIFICATION BE POSTED UPON THE ZONING DISTRICT MAPS OF THE CITY OF CANYON, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE EXPRESSLY REPEALED, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission conducted a public hearing on November 14, 2022 for the purpose of considering rezoning certain properties situated in the City of Canyon. All owners of property within 200 feet, as indicated by the most recently approved municipal tax roll of real estate property, were given written notification, and opportunity to be heard, and proper notice by publication was given through the local newspaper in accordance with City Charter provisions, the Code of Ordinances and the Texas Local Government Code; and WHEREAS, the Planning and Zoning Commission has recommended rezoning the property from SF-A (Single-Family Agricultural Residential District) to RC-2 (Commercial District); and WHEREAS, the City Commission conducted a public hearing at its regular meeting and considered the recommendation by the Planning and Zoning Commission for rezoning; and WHEREAS, the passage, promulgation, and enforcement of the provisions herein contained are deemed necessary and advisable for the promotion of the general welfare of the community to carry out the governmental powers delegated to and possessed by the City of Canyon; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: SECTION 1. The City Commission, at its public hearing, reviewed the request and the circumstances of the area and it concurs with the recommendation of the Planning and Zoning Commission regarding zoning for the properties in question. SECTION 2. That 1700 23rd St, otherwise described as Section 63 H & G N, Block B5, 228.6 feet south by 612 feet west beginning 1331 feet south and 88 feet west of the northeast corner of the Section, is hereby zoned RC-2 (Commercial District). SECTION 3. That this Zoning classification be posted upon the Zoning District maps of the City of Canyon and filed with the City Secretary and Building Inspector of the City of Canyon. SECTION 4. That all ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City of Canyon not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase, or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part of provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 6. This ordinance shall take effect immediately from and after its passage. DULY PASSED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, on the 5th day of December, 2022. APPROVED: _______________________ Gary Hinders, Mayor ATTESTED TO: _________________________ Gretchen Mercer, City Clerk AGENDA ITEM 10 AGENDA To: Joe Price, City Manager From: Lucas Raley, Director of Planning and Development Date: December 5, 2022 Re: Consider and Take Appropriate Action on Planning and Development 2021- 2022 Fiscal Year Annual Report. A summary of the Planning and Development Department activity for the 2021-2022 fiscal year is attached along with a 10-year comparison. New single-family home construction totaled 102 houses compared to 131 last fiscal year. In addition, there were five duplexes and two multi- family buildings constructed. Also noteworthy is the 13 residential demolitions that took place over the last year. New commercial/educational construction finished at $15,029,826 with the Canyon Lofts being the largest project at over eight million. The new EDU Credit union and two Allsups also each totaled over a million. Permits were issued for 16 commercial remodels and additions totaling $3,308,821. The largest project being modifications to the EDU Credit building at 2100 4th Ave valued at one million dollars. Permitting, Contractor license and Business license fees totaled just over $300,000 for the fiscal year compared to $215,000 from the previous fiscal year. This can primarily be attributed to large commercial projects such as the Lofts. RECOMMENDED MOTION This is an informational report only, no motion/action required. City of Canyon CITY OF CANYON 2021-2022 BUILDING STATISTICS CATEGORY TOTAL SINGLE FAMILY CONSTRUCTION 102 MOBILE HOMES 2 DUPLEXES 5 MULTI FAMILY 2 RESIDENTIAL DEMOLITIONS 13 NEW COMMERCIAL CONSTRUCTION VALUED AT $ 15,029,826 8 COMMERCIAL REMODELS/ ADDITIONS VALUED AT $ 3,308,821 16 COMMERCIAL DEMOLITIONS 6 SUBCONTRACTOR PERMITS 846 CONTRACTOR REGISTRATIONS 629 BUSINESS LICENSES 21 INSPECTIONS 4237 VIOLATIONS 477 FEES PERMIT FEES $ 277,772.05 CONTRACTOR LICENSE FEES $ 23,395.00 BUSINESS LICENSE FEES $ 2,470.00 TOTAL $ 303,637.05 PLANNING AND DEVELOPMENT - 10 YEAR ACTIVITY New Construction FY 2022 FY 2021 FY 2020 FY 2019 FY 2018 FY 2017 FY 2016 FY 2015 FY 2014 FY 2013 FY 2012 Single Family Homes 102 131 147 88 71 72 66 39 21 73 43 Duplex/Multi-Family 7 3 0 2 1 8 2 2 11 10 1 Accessory Buildings/Garages 14 10 10 9 3 4 2 6 2 10 7 Other (Swimming Pools, Etc.) 14 6 5 2 8 3 7 6 2 1 1 New Commercial/Educational 8 1 5 14 6 11 8 9 11 11 8 Remodels/Additions Residential Remodels/Additions 25 29 28 27 41 23 31 30 35 29 31 Commercial Remodels/Additions 16 13 16 21 10 12 13 12 5 12 13 Subcontractor Permits Electrical Permits 48 63 71 74 75 101 118 136 111 111 89 Event Permits 39 29 24 40 37 32 31 21 0 0 0 Mechanical Permits 104 114 132 136 139 165 183 193 150 148 123 Plumbing Permits 212 196 317 299 270 295 301 272 335 325 312 Roofing Permits 307 544 162 425 284 332 705 1190 110 85 95 Sign Permits 21 21 39 33 38 34 25 37 42 25 25 Fire Code Permits 23 21 25 29 42 36 28 29 29 24 17 Demolitions Residential Demolitions 13 4 1 7 2 3 3 3 4 13 2 Commercial Demolitions 6 2 7 4 1 15 6 5 2 5 3 Contractors Contractor Registrations 629 553 396 154 126 86 93 71 50 60 66 Inspections/Violations Inspections 4237 4417 5035 3974 3798 3638 4607 2685 2435 2798 2445 Violations (Weeds, Accum, Etc.) 477 276 98 182 157 389 405 378 524 654 591 AGENDA ITEM 11 AGENDA To: Joe Price, City Manager From: Jon Behrens, Assistant City Manager Date: December 5, 2022 Re: Consider and Take Appropriate Action on Presentation and Adoption of 2022 Canyon Downtown Plan On January 15, 2021, City Manager Joe Price, after authorization from the Canyon City Commission, signed a contract with Freese & Nichols for the development of a Downtown Plan for the City of Canyon. By early March of 2021, the Freese and Nichols consulting team had visited Canyon and the Plan was underway. Processes or steps that have been included in the development of this Plan have included: • On-site visits • Stakeholder meetings • An online survey • Multiple Advisory Committee meetings • Meeting, conversations, and reviews with City staff • A community Open House in the Canyon Area Library City staff has been very pleased with this process and believe that this is an outstanding Plan. The Freese & Nichols team is here to present the Plan to the Commission. As you know, the plan has been located on the City website at: https://www.canyontx.com/DocumentCenter/View/5094/Canyon-Downtown-Plan-Draft for several weeks and we have encouraged residents to look over the document and provide us with their comments. As of today, I do not believe we have received any feedback. Staff believes that this Plan reflects the realities of our situation in the downtown area, some of which are: • The area is well “loved” and is worth preserving • There exists significant work that needs to happen in the area • The total cost of this Plan is very expensive • The City will need to work these projects into the CIP and complete projects as funds become available • Long term planning and regular reviews of projects will be necessary to keep the Plan “on track” It is staff’s recommendation that the Commission adopt the 2022 Canyon Downtown Plan. City Staff is prepared to follow this Plan, which we believe will lead to the continued revitalization of our downtown area. RECOMMENDED MOTION “I move to adopt/deny adoption of the 2022 Canyon Downtown Plan.” City of Canyon Adoption Summary CANYON DOWNTOWN MASTER PLAN Winter 2022 SNAPSHOT • Data analysis • Visual analysis • Policy evaluation • Regional context • Population • Housing trends • Employment trends • Tourism trends • Tax revenue ENGAGEMENT • 5 meetings with 16- member advisory committee • Online survey and interactive map feedback with 205 responses • Independence Day engagement • Focus group conversations • Community Event at library • Media outreach VISION STATEMENT GOALS LAND USE & CHARACTER ILLUSTRATIVE PLAN PUBLIC RESTROOM • Important to extend stays downtown, especially families • Visually compatible • Ease of access from event activity areas • Size for daily use (large events will require comfort stations) COMMERCIAL/RETAIL • Series of 3 buildings west of restroom location • Boardwalk façade inconsistent with remainder of Square • Encourage tax-generating businesses and better accessibility from sidewalk • Existing visitor-focused uses would be appropriate as first floor tenants in the courthouse in the future ACTIVE COURTHOUSE GROUNDS • Address lack of shaded seating • Create space to simply enjoy the Square without committing to stay at a particular business • New tree grove with picnic tables or movable furniture in southwest quad • Create seatwall segments at key locations, using materials that complement the courthouse MODIFY THE SQUARE • Address limited sidewalk widths, variable curb heights and 4th Avenue as current obstacles to a cohesive, walkable experience • Reconfigured parking and lane modifications to allow wider sidewalks and improved vehicular safety • Addition of outdoor dining areas, tree grates and ADA accessibility improvements • Address complicated circulation JOINT USE PARKING • Make private parking lots available through joint-use agreements • Function especially well for weekends and evenings • Offset some parking removed as a result of Square improvements • Goldstar Bank is an example, but several other uses like churches work especially well • Enhance with landscaping/art • Clearly sign as public parking COMMERCIAL/MIXED-USE • Vacant or underdeveloped based on prime location • 2 new commercial/mixed-use buildings adjacent to a restored theater/event space • Outdoor seating along 4th Avenue with a tree-lined interior courtyard • Create active street life in higher traffic area, encouraging people to stop and explore 15 ST. CORE TRANSITION th • Adaptive reuse to extend interest and economic potential of downtown • Enhanced streetscape, on-street parking and improved walkability • Existing buildings can be adapted, or new buildings constructed to support commercial, retail, restaurants and offices • Small-scale medium-density residences • Parking toward rear, transitioning at 2nd street as you go north NEIGHBORHOOD PARK • Many community members expressed interest in a recreation area in downtown • Site is within easy walking distance of the Square and nearby residential areas • Creates a pleasant gateway that is inviting for highway travelers looking for respite • Should include a variety of amenities like a shaded playscape, picnic area, loop trail and small off-leash dog area POLICE STATION • City is already planning a new station in the block north of City Hall • Locate the primary building at the intersection of 3rd Avenue and 16th Street to hold the edge, perhaps incorporating a small courtyard • Place parking to side and rear • Design in an approachable manner incorporating art, opportunities for positive interaction & programming between police and public GATEWAY DEVELOPMENT • Site is currently vacant • Located near a restaurant and the iconic Tex Randall statue • Based on location, the site is appropriate for a regional-focused commercial, retail or lodging development THE SQUARE - RECOMMENDED • Each side modified, with 4th Avenue remaining 2-way but reduced from 4 lanes to 3 lanes (similar capacity, improved operations) • Counterclockwise 1-way pattern • Mid-block entrances to internal parking on the Square • Parallel parking along the road itself to allow much wider sidewalks and eliminate multi-step and high curbs • Treating as a destination, not a drive- thru 4 AVENUE th • MPO recommended 4-to-3 conversion with median; we recommend similar but with improved pedestrian area and pedestrian shade rather than median (4-to-3 is similar operational efficiency) • Buffered parking and more compatible with parades • Shift bike lanes to adjacent streets, bring back as section widens at WTAMU 15 STREET (S. of 2 AVE.) th nd • Urban/pedestrian section with on-street parking • Extension of downtown 15 STREET (N. of 2 AVE.) th nd • Transition as 15th Street moves towards railroad and highway • Attractive design as gateway, but less ornamentation URBAN DESIGN • Approaches to brick streets • Wayfinding • Public spaces • Lighting & site furnishings • Landscape • Public art ACTION PLAN • Comprehensive list of actions • Some high-cost capital projects • Many smaller, but impactful efforts • Preparation of initial activity diagram for priority projects (scheduling & coordination) • Action Plan Matrix • Built Environment • Operational & Programming • Policy and Regulatory • Economic Development & Financing ACTION PLAN

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