10-28-22-Ordinance-Rezoning Agricultural to Planned Development Sanger Preserve-10/03/2022CITY OF SANGER, TEXAS
ORDINANCE 10-28-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGERI DENTON
COUNTY, TEXAS, REGARDING AMENDING THE ZONING MAP OF
APPROXIMATELY 12.01 ACRES OF LAND DESCRIBED AS A1241A TIERWESTER,
TR 264 AND 265 FROM AGRICULTURAL (A) TO PLANNED DEVELOPMENT (PD);
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING
A CUMULATIVE CLAUSE, PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY OF FINE IN ACCORDANCE WITH SECTION 1.109 OF
THE CODE OF ORDINANCE FOR VIOLATIONS; AND PROVIDING A SAVINGS
CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of Sanger (the "City") is a home rule municipality regulated by state
law and Charter; and
WHEREAS, the City Council finds it necessary for the public health, safety, and welfare
that development occur in a controlled and orderly manner; and
WHEREAS, the Planning and Zoning Commission on September 12, 2022, duly covered
and conducted public hearing for the purpose of assessing a request for amendment to the Zoning
Map, recommending approval for the hereinafter described property; and
WHEREAS, all requests for amendment to the Zoning Map were duly filed with the City
of Sanger, Texas, concerning the hereinafter described property; and
WHEREAS, the following provisions of proper legal notice requirements, including
written notice to owners within 200 feet of the subject property, were made in the time and manner
prescribed by law; and
WHEREAS, the City Council finds that the passage of this Ordinance is in the best interest
of the citizens of Sanger.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SANGER, TEXAS:
SECTION 1. That an amendment to the Zoning Map from Agricultural (A) to Planned
Development (PD) is hereby granted for the property generally located on the southeast corner of
Sth Street and Cowling Road and described in Exhibits A - E.
SECTION 2. That all matters stated in the preamble are found to be true and correct and
are incorporated herein as if copied in their entirety.
Ordinance — 10-28-22 —Sanger Preserves -Southeast Corner Sth St and Cowling Rd
Page 1 of 2
SECTION 3. It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any
word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same
would have been enacted by the City Council without the incorporation in this Ordinance of any
such unconstitutional word, phrase, clause, sentence, paragraph, or section.
SECTION 4. Any person, firm or corporation who shall violate any of the provisions of
this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance
with the general penalty provision found in The Code of Ordinances, Section 1.109 General
Penalty for Violations of Code.
SECTION 5. This ordinance will take effect immediately from and after its passage and
the publication of the caption, as the law and Charter in such cases provide.
PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on this
3rd day of October, 2022.
ATTEST:
Kell Edw6 is, City Secretary\\\
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.tic.
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APPROVED:
omas E. Muir, Mayor
Th
Coleman, City Attorney
Ordinance—10-28-22 —Sanger Preserves -Southeast Corner Sth St and Cowling Rd
Page 2 of 2
EXHIBIT A
12.01 +/- ACRE SOUTH 5TH STREET
BANGER PRESERVE
Prepared for the City of Sanger (the "City")
PURPOSE STATEMENT:
To establish a quality master planned multi -phase and multiple product residential and commercial
community for the property described by metes and bounds on Exhibit "B" (the "Property") of this
Planned Development Ordinance ("PD"). Development and use of the Property shall comply with the
Sanger Zoning Ordinance adopted as of August 3, 1987, and subsequent amended (the "The Zoning
Ordinance") and this PD ordinance. In the event of a conflict between the Zoning Ordinance and this
PD ordinance, this PD ordinance shall control. If the PD is silent in a particular area, the City of Sanger
Code of Ordinances shall apply.
References to City of Sanger Exterior Facade Design Criteria Manual ("Design Criteria") shall mean
such manual as adopted on October 7, 2019.
PROPOSED USES:
Business District (B-2)
Approximately 3.53 +/- acres are proposed as local business and retail space which open space of
approximately 1.16 acres, including outdoor seating for patrons. Will meet or exceed the
required minimum parking spaces of 144 spaces, assuming I space / 250 A actual will be directly
correlated to the actual square footage of the commercial buildings
Business designated areas shall consist of four (4) individual buildings of approximately 36,000
square feet.
Zoning Ordinance set -back for the side and rear yards have a five (5') foot set -back. See additional
information below under Business District.
Multi -family (MF-2)
Approximately 8.48 +/- acres are proposed as multifamily which includes open space of
approximately 2.69 acres. Will meet or exceed the required minimum parking spaces of 288
spaces, per Section 19.4 of the 'MF-2' Multifamily Residential District -2 specifications, which is
comprised of open-air parking, carport parking and garage parking.
Multifamily shall consist of a clubhouse and nine (9) residential buildings, which will consist of:
• four (4) two-story buildings which back to single-family residential,
• one (I) two-story and one (I) three-story building along the shared property line with
agricultural land
• three (3) three-story buildings in the center of the property.
Zoning Ordinance set -back along the East wall backing to the Willowood Addition of twenty feet
(20').
EXHIBIT A
12.01 +/- ACRE SOUTH 5TH STREET
BANGER PRESERVE
PARKING
The parking of both the Business District and MUlti-family are necessary for a combined design.
Parking spaces may be available to both business patrons and multi -family residents. A minimum
number of spaces will be designated as 'Reserved' for each of the multi -family units. 13-2 patrons
may park to the rear of the business entrances, and MF-2 parking may be visible from the public
streets. There will be landscaping in areas as shown on the Site Plan (`Exhibit C') and further
per the City approved landscape plans, however, all off-street parking will not be completely
screened due to off-street parking serving both 13-2 and MF-2.
Total Property Acreage = +/- 12.01. Total Parking will meet or exceed the required minimum of
432 spaces.
COMMUNITY FEATURES:
The hardscape within the community shall include entry monuments, screening walls of brick, stone
and/or concrete masonry backing to residential spaces; brick, stone, concrete, and or black metal
backing to public or commercial spaces; and community signage constructed of brick, stone and/or
decorative metal. Height and installation of fencing will meet or exceed the Design Criteria (Section
2.2(i)) a minimum of 6 feet tall. See Exhibit D for community amenities.
Satellite Dishes will be prohibited on the individual units.
Trash compactors and dumpsters will be fenced or walled from view with gates and will be accented
with landscape. The enclosures will be CMU blocks with steel / metal gates.
A property owners association ("POA") shall be established to own and maintain the private open
spaces, common areas, landscape improvements, perimeter masonry and/or steel fencing, entry
monuments and signage. The POA shall maintain common area parking lots. Sidewalks shall be
constructed within a pedestrian access easement and owned and maintained by the POA. The
sidewalks running parallel to South 5th Street in front of the commercial buildings shall be five foot (5)
wide.
DESIGN ELEMENTS
MULTIFAMILY:
Residential dwellings will meet the Design Criteria. This includes the minimum of four (4) amenities
for the common areas available to residents. Such amenities are detailed on Exhibit D for both the
units and community.
No building shall exceed a maximum height of forty-five feet (45'). The building height of the two-story
residential units along the eastern edge of the property with a shared property line with Willowood
Addition, shall not exceed twenty-five feet (25') and shall have a set -back of twenty feet (20) from the
fence / property line.
BUSINESS DISTRICT:
The maximum height of the Business District-2 ("B-2") will be maximum 40'.
EXHIBIT A
1101 +/- ACRE SOUTH 5TH STREET
BANGER PRESERVE
The front set -back will be per current zoning ordinance, with five foot ("5") rear and side setbacks.
The side and rear of the commercial buildings do not abut directly to other buildings, each building has
parking separating it from other buildings on and off the property.
Any mechanical equipment including roof top equipment shall be screened from residential areas either
by fencing, landscaping or rooftop screening as applicable.
MULTIFAMILY, TOWNHOME AND NON-RESIDENTIAL USES LANDSCAPE REQUIREMENTS:
All landscape requirements shall comply with Sections 48.4 and 48.5, Landscape Regulations of the Zoning
Ordinance. There will be sidewalks as required parallel to the commercial spaces fronting South 5th Street.
There will be landscape screening of utilities.
END
Exhibit B
DESCRIPTION FOR PROPOSED ZONING CHANGE OF
12,015 ACRES OF LAND
BEING that certain tract of land situated in the H. -tierwester Survey, Abstract Number 1241,
City of Sanger, Denton County, Texas, being all that certain tract of land described by deed to
James Holt and Pamela Holt, recorded in Instrument Number 2012-98755, County Records,
Denton County, Texas (C.R.D.C.T.), and being more particularly described by metes and bounds
as follows:
BEGINNING at the southwest corner of herein described tract, being in the east right -of --way
line of Cowling Road (60-foot right -of --way), same being the northwest corner of that certain
tract of land described by deed to Glen Edwin Giese and wife, Helen Jean Giese, recorded in
Volume 2769, Page 367, C.R.D.C.T., same also being the beginning of a curve to the right;
THENCE with said east right -of --way line and said curve to the right, an arc distance of 197.80
feet, through a central angle of 19°14' 10", having a radius of 589.15 feet, the long chord of
which bears N 17°44'04"E, 196.87 feet, to the beginning of a curve to the right;
THENCE with said curve to the right, continuing with said east right -of --way line, an arc
distance of 302.53 feet, through a central angle of 24°53'54", having a radius of 696.19 feet, the
long chord of which bears N 39°48'06"E, 300.16 feet, to the southeast right -of --way line of 51h
Street (60 foot right-of-way);
THENCE N 52°15'03"E, continuing with said southeast right -of --way line, 450.15 feet to the
beginning of a curve to the left;
THENCE with said curve to the left, continuing with said southeast right -of --way line, an arc
distance of 261.96 feet, through a central angle of 10°5046, having a radius of 1383.83 feet, the
long chord of which bears N 46°49'32"E, 261.57 feet, to the northwest corner of herein
described tract, same being the southwest corner of that certain tract of land described by deed to
Sable Development Corporation, recorded in Instrument Number 1996-20534, C.R.D.C.T.;
THENCE S 87013'OS"E, with the south line of said Sable Development Corporation tract,
124.31 feet to the northeast corner of herein described tract, same being the southeast corner of
said Sable Development Corporation tract, same also being in the west line of Lot CA-1, Block
E, Willowood Addition, an addition to the City of Sanger, Denton County, Texas, according to
the plat thereof recorded in Instrument Number 2019482, Plat Records, Denton County, Texas
(P.R.D.C.T.);
THENCE S 00049'32"W, with said west line, 20.49 feet;
THENCE S 02048'39"W, continuing with the west line of said Willowood Addition, 890.01
feet to the southeast corner of herein described tract, same being the northeast corner of Lot 1 R,
Block A, Ashley Waters Addition, an addition to the City of Sanger, Denton County, Texas,
according to the plat thereof recorded in Instrument Number 2019-264, P.R.D.C.T., same also
being the northwest corner of Quail Run Phase 3, an addition to the City of Sanger, Denton
Peloton Job No. DRH2O008
Ft. Worth January 19, 2022
G:\JOB\JPH21001_SangerRetreat\MasterDev\_Sur\Exhibits\Legals\JPH21001 ZNl.docx Page 1 of3
County, Texas, according to the plat thereof recorded in Cabinet X, Page 485 (Instrument
Number 2007-7604), P.R.D.C.T.,
THENCE N 87°1248W, 880.06 feet, to the POINT OF BEGINNING and containing
523,362 square feet or 12.015 acres of land more or less.
"Integral Parts of this Document"
1. Description — 2 Pages
2. Exhibit
"This document was prepared under 22 TAC 138.95, does not reflect the results of an on the ground
survey, and is not to be used to convey or establish interests in real property except those rights and
interests implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared."
Peloton Job No. DRH2O008
Ft. Worth January 19, 2022
G:\JOB\JPH21001_SangerRetreat\MasterDev\ Sur\Exhibits\Legals\JPH21001_ZNl.docx Page 2 of 3
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"This document was prepared under 22 TAC 138.95v
does not reflect the results of an on the ground surveye
and is not to be used to convey or establish interests in
real property except those rights and interests implied or
established by the creation or reconfiguration of the
boundary of the political subdivision for which it was
prepared."
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"Integral Parts of
1. Description
2. Exhibit
this Document"
- 2 Pages
ZONED "B-1"
(BUSINESS)
GLEN EDWIN GIESE. et ux.
VOL. 2769. PG. 367
C.R.D.C.T.
a ti50N SUR��Y
03
0
ILAND SOLUTIONS
9800 HILLWOOD PARKWAY, SUITE 250 JOB # JPH21001
FORT WORTH. TEXAS 76177 PH.# 817-562-3350
ZONED "SF-10"
(SINGLE FAMILY)
S•�
0 300 600
GRAPHIC SCALE IN FEET
n SABLE DEVELOPMENT
CORPORATION
/INST 20534
C,R,D, ,T,
C.R.D.C.T.
IA4
-1
_
DAMES HDLT and 3
PAMELA HDLT 'D
Inst•# 2012-98755
C•R•D.C•T.
12.015 Acres
HELEN GIESE I
� I Inst.# 2012-8368 I
I
LOT iR
ASHLEY WATERS ADDITION
INST. 02019-264
ZONED P,R.D.C.T.
(INDUSTRIAL)
ZONED
_'� (SINGLE FAMILY)
13
14
15
i6
QUAIL RUN
PHASE 3
CAB. X, PG. 485
INST. •2007-7604
P.R.D.C.T.
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EXHIBIT FOR PROPOSED ZONING OF
12.01 S Acres of Gand
SITUATED IN THE HENRY TIERMESTER SURVEY. ABSTRACT NUMBER 1241.
CITY OF SANGER* DENTON COUNTY. TEXAS
BY: UK (CHECKED BY: TAB (DATE: 01-11-22 (PAGE # 3 of 3
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EXHIBIT D
RESIDENTIAL PROPERTY AMENITIES:
❑ CLUBHOUSE
❑ YOGA / EXERCISE ROOM
❑ RESORT -STYLE POOL WITH TANNING LEDGE
❑ COMMUNITY BBQ AREAS WITH GRILLS
❑ COFFEE BAR / WI-FI CAFE
❑ WIRED FOR HIGH-SPEED INTERNET
❑ KITCHEN / SERVING AREA FOR PRIVATE RESIDENT
FUNCTIONS IN CLUBHOUSE
❑ DOG PARK
❑ TRASH COMPACTOR (SINGLE LOCATION)
❑ PACKAGE LOCKERS
UNIT AMENITIES:
❑ WOOD -LOOK LVT PLANK FLOORING
❑ TECH PACKAGE: DIGITAL WI-FI CONTROLLED
THERMOSTAT, ELECTRONIC LOCKS, USB PORTS
❑ ENERGY EFFICIENT PACKAGE: DOUBLE -PANE
WINDOWS, ENERGY STAR APPLIANCES, LED
LIGHTS, LOW VOC PAINT
❑ SOLID SURFACE COUNTERTOPS
❑ STAINLESS STEEL KITCHEN APPLIANCES
❑ INCLUDES MICROWAVE
❑ WASHER / DRYER HOOK-UPS
❑ OVERSIZED WALK-IN SHOWERS
❑ 2" WOOD LOOK BLINDS
❑ CEILING FANS
❑ T CEILINGS
❑ PRIVATE `PUPPY' YARDS*
❑ COVERED / GARAGE PARKING
*Some Unit Amenities available for specific Units only.
ADDITIONAL POTENTIAL RESIDENTIAL
PROPERTY AMENITIES:
❑ DOG WASH STATION
ADDITIONAL POTENTIAL UNIT AMENITIES:
❑ KITCHEN PANTRIES
❑ KITCHEN ISLANDS *
❑ WASHER / DRYER INCLUDED
❑ VALET TRASH PICK-UP
BANGER PRESERVE
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CITY OF BANGER, TEXAS
ORDINANCE /0.28422
AN ORDINANCE OF THE CITY
COUNCIL'OF THE CITY OF
BANGER, DENTON COUNTY,
TEXAS, REGARDING
AMENDING THE ZONING MAP
OF APPROXIMATELY 12.01
ACRES OF LAND DESCRIBED
AS A1241A TIERWESTER, TR
264 AND 265 FROM
AGRICULTURAL (A) TO
PLANNED DEVELOPMENT
PROVIDING FOR THE
REPEAL OF ALL ORDINANCES
IN CONFLICT; PROVIDING A
CUMULATIVE CLAUSE;
PROVIDING FOR A
SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY
OF FINE IN ACCORDANCE
WITH SECTION 1.109 OF THE
CODE OF ORDINANCE FOR
VIOLATIONS; AND PROVIDING
A SAVINGS CLAUSE;
AUTHORIZING PUBLICATION;
AND ESTABLISHING AN
EFFECTIVE DATE, SECTION 4.
Any person, firm or corporation
who shall violate any of the
prov sions of this article shall be
guilty of a misdemeanor and
upon conviction shall be fined in
accordance with the general
penalty provision found in The
Code of Ordinances, Section
1.109 General Penalty for
Violat ons of Code. PASSED
AND APPROVED by the City
Council of the City of Sanger,
Texas, on this 3rd day of
October, 2022.
dre t010712022 & 10f0812022
Ad Copy:
CITY OF SANGER, TEXAS
ORDINANCE 10-2&22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS,
REGARDING AMENDING THE ZONING MAP OF APPROXIMATELY 12.01 ACRES OF LAND
DESCRIBED AS A1241 A TIERWESTER, TR 264 AND 265 FROM AGRICULTURAL (A) TO PLANNED
DEVELOPMENT (PD), PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT,
PROVIDING A CUMULATIVE CLAUSE, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING
FOR A PENALTY OF FINE IN ACCORDANCE WITH SECTION 1.109 OF THE CODE OF ORDINANCE
FOR VIOLATIONS; AND PROVIDING A SAVINGS CLAUSE, AUTHORIZING PUBLICATION, AND
ESTABLISHING AN EFFECTIVE DATE. SECTION 4. Any person, firm or corporation who
shall violate any of the provisions of this article shall be guilty of a
misdemeanor and upon conviction shall be fined in accordance with the general
penalty provision found in The Code of Ordinances, Section 1.109 General
Penalty for Violations of Code. PASSED AND APPROVED by the City Council of the
City of Sanger, Texas, on this 3rd day of October, 2022.
dre 10/07/2022 & 10/08/2022