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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\\\ 0 F S .tic. �//III I110\ 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 TI 3 z 0 0 J J J O O "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." N• AOy�RAO�# \24\ "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. Y ce MG1� \NNE A66TKPCT# qh0 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 1vm)sns OMMz O U F Z z m w = w O ti g o O �¢ H wCL z 0rz J o 3 z r s w o C O z w Q o </ J 1 LJ x W O 8 � x � g I t3 v ae aE N a: aE ae ae x a — a a !1 p` $ :4 g N LL m t BE o � ����Ct a� = z 2 m m � a � VN a a A A 2� taV N R i7 � O ~ W Z �9 FCC xmW=m m mmmJm mmmm az K dL` UK m < ti'� aaa��`mmmmmm%�a 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. 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Box 369 Denton, TX 76202 940-387-381 1 Publication(s): Denton Record -Chronicle PROOF OF PUBLICATION Being duly sworn (s)he is the Publisher/authorized designee of Denton Record -Chronicle, in City of Denton/surrounding areas in Denton County; Newspaper of general circulation which has been continuously and regularly published for a period of not less than one year preceding the date of the attached notice, and that the said notice was published in said newspaper Denton Record -Chronicle on the following dates below: 10/07/2022 10/11 /2022 C � l (signature of Authorized Designee) Subscribed and sworn to before me this 11 th day of October, 2022 by 4 v io (printed name of Designee) Witness my hand and official seal: (�igl�ture name of Designee) Notary Public, Denton County, T BANGER CITY OF P O BOX 1729 SANGER TX 76266 PATRICIA S IFFY PUe LAGARD oO% Notary Public * * State of Texas Nf9rFOF�``�PyMy Comm , Expires 08-05-2023 Ad Number: 48368 Price: 564.50 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