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HomeMy WebLinkAbout11-31-25-Ordinance-Amending Ordinance 08-22-25 Planned Development High Pointe-11/03/2025 CITY OF SANGER, TEXAS ORDINANCE 11-31-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY,TEXAS,REGARDING AMENDING THE ZONING MAP BY AMENDING(PD 08-22-25) THE PLANNED DEVELOPMENT DISTRICT CREATED BY ORDINANCE NO 08-22-25 TO AMEND THE LANGUAGE FOR OPEN SPACE C TO BE DEVELOPED BEFORE THE 101sT BUILDING PERMIT IS ISSUED, 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 Zomng Commission on October 13, 2025, duly covered and conducted public hearing for the purpose of assessing a request for amendment to the Zomng Map, recommending approval for the hereinafter described property, and WHEREAS, On November 3, 2021 the City Council approved the amendment to the Zomng Map and PD 11-31-25, and WHEREAS, all requests for amendment to the Zomng Map were duly filed with the City of Sanger, Texas, concerning the hereinafter described property, and WHEREAS, the following provision 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 Zomng Map from PD 08-22-25 to PD 11-31-25 is hereby granted for the property generally located north of FM 455 and East of the Santa Fe Railroad 1200 and described in Exhibit A and B Ordmance No 11-31-25—PD High Pomt Planned Development Page 1 of 2 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. 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 November 2025. APPROVED: ATTEST: Thomas E. Muir, Mayor 4WukatutukdAn „„,, ,,,„, Kelly Edwairds, City Secretary \\\\F SANG /',, Iwo Ordinance No. 11-31-25—PD High Point Planned Development Page 2 of 2 Exhibit A LEGAL DESCRIPTION BEING a tract of land located in the City of Sanger,Denton County Texas,part of the Rueben Bebee Survey, Abstract No 299,being all of that called 5 034 acre tract of land described as Tract One in a Trustee's Deed to Georgian Bay Funding, LLC, recorded in Instrument No 2022- 157980, Deed Records, Denton County, Texas (0 P R D C T) and being all of that called 125 97 acre tract of land described as Tract Two in a Trustee's Deed to Georgian Bay Funding,LLC, recorded in Instrument No 2022-157980, Deed Records, Denton County, Texas (0 P R D C T) and being more particularly described as follows BEGINNING at a one-half inch iron rod with yellow cap stamped"JBI" found at the northwest corner of said 125 97 acre tract,being the southwest corner of a called 95 136 acre tract of land described as Tract 2 in a Special Warranty Deed to Forestar(USA)Real Estate Group, Inc, recorded in Instrument No 2022-157980, (0 P R D C T) and being in the east line right-of-way line of Gulf Colorado & Santa Fe Railroad(a 100 foot railroad right-of-way), THENCE South 88 degrees 53 minutes 59 seconds East, 3,707 18 feet along the north line of said 125 97 acre tract of land to the northeast corner of said 125 97 acre tract of land to a one- half inch iron rod with yellow cap stamped"JBI" set for corner in the west line of Marion Road (a variable width right-of-way), THENCE South 02 degrees 30 minutes 28 seconds West, 341 99 feet along the east line of said 125 97 acre tract of land and along the west line of Marion Road to the southeast corner of said 125 97 acre tract of land, Wooden Monument Found for corner, said point being at the intersection of the west line of Marion Road with the north line of Farm to Market Road No 455 (aka E Chapman Drive), THENCE along the south line of said 125 97 acre tract and along the north line of Chapman Drive as follows Southwesterly, 613 08 feet along a curve to the left,having a central angle of 46 degrees 08 minutes 47 seconds, a radius of 761 20 feet, a tangent of 324 26 feet and whose chord bears South 68 degrees 53 minutes 16 seconds West, 596 64 feet to a one-half inch iron rod with cap stamped"Eagle Surveying" found for corner, South 45 degrees 56 minutes 18 seconds West, 136 60 feet to a one-half inch iron rod with yellow cap stamped"JBI" set for corner, Southwesterly,403 97 feet along a curve to the left,having a central angle of 11 degrees 11 minutes 04 seconds, a radius of 2,069 50 feet, a tangent of 202 63 feet and whose chord bears South 51 degrees 32 minutes 22 seconds West,403 33 feet to a five-eighths inch iron rod found for corner, South 45 degrees 57 minutes 08 seconds West, 1,209 00 feet to a one-half inch iron rod with cap stamped"TxDOT"found for corner, South 43 degrees 51 minutes 46 seconds East, 9 91 feet to a one-half inch iron rod with cap stamped"TxDOT"found for corner, Southwesterly,250 41 feet along a curve to the right,having a central angle of 09 degrees 57 minutes 48 seconds, a radius of 1,440 00 feet, a tangent of 125 52 feet and whose chord bears South 50 degrees 58 minutes 25 seconds West, 250 09 feet to a one-half inch iron rod with cap stamped"TxDot"found for corner, said point being the southeast corner of said 5 034 acre tract, THENCE along the south line of said 5 034 acre tract and continuing along the north lme of Chapman Drive as follows Southwesterly, 302 69 feet along a curve to the right,having a central angle of 12 degrees 02 minutes 37 seconds, a radius of 1,440 00 feet, a tangent of 151 90 feet and whose chord bears South 62 degrees 03 mmutes 01 seconds West, 302 13 feet to a one-half inch iron rod with yellow cap stamped"JBI" set for corner, South 69 degrees 10 minutes 48 seconds West, 327 40 feet to a Metal Fence Corner Post found for corner at the southwest corner of said 5 034 acre tract, said point also being in the south line of said 125 97 acre tract, THENCE along the south line of said 125 97 acre tract and along the north line of Chapman Drive as follows South 69 degrees 08 minutes 21 seconds West, 570 96 feet to a one-half inch iron rod with yellow cap stamped"Eagle Surveying"found for corner, North 20 degrees 34 minutes 28 seconds West,21 25 feet to a one-half inch iron rod with cap stamped"TxDOT"found for corner, South 69 degrees 12 minutes 05 seconds West, 180 79 feet to a one-half inch iron rod with yellow cap stamped"JBI"set for corner, Southwesterly, 235 69 feet along a curve to the right, having a central angle of 14 degrees 05 minutes 45 seconds, a radius of 958 00 feet, a tangent of 118 44 feet and whose chord bears South 76 degrees 14 minutes 57 seconds West, 235 09 feet to a one-half inch iron rod with cap stamped"Eagle Surveying" found for corner, said point being the southwest corner of said 125 97 acre tract, said point also being in the east right-of-way line of said Gulf Colorado & Santa Fe Railroad, THENCE North 03 degrees 27 minutes 11 seconds West, 2,544 89 feet along the west line of said 125 97 acre tract and along the east right-of-way line of said Gulf Colorado & Santa Fe Railroad to the POINT OF BEGINNING and containing 5,702,307 square feet or 130 907 acres of land BASIS OF BEARING The basis of beanng is derived from GPS observations using the City of Van Alstyne geodetic monuments (Coordinate System North Central Zone 4202 State Plane Coordinates,NAD83) , EXHIBIT B HiGH POINTE DEVELOPMENT STANDARDS , GENERAL STANDARDS 1 i 1 Development and use of the approximate 131-acre property,including,without limitation,the construction,installation,maintenance, repair,and replacement of all buildings and ail other improvements and facilities of any kind whatsoever on and within the property,shall follow all City regulations,except when in conflict with the provisions in these standards 2 Tract designations identified below refer to the tracts depicted on the Zoning Exhibit(Exhibit B) 3 The design of the High Pointe development(residential and commercial)shall take place in general accordance with the attached Concept Plan(Exhibit D) Open spaces shown on the plan shall be developed with a combination of passive and active uses such as a playground, dog park,trails,and seating areas The open space lots and amenities located on them shall be owned and maintained by the mandatory Homeowners Association 4 Unless otherwise specified in these standards,development within the High Pointe development is governed by the Sanger Zoning Ordinance,as amended In the event of any conflict or inconsistency between these standards and the applicable City regulations,the terms and provisions of these standards shall apply 5 In the event of a conflict between the written text and the illustrations provided in these standards, the written text contained herein shall control , 6 A mandatory Homeowners Association(HOA)will be responsible for the maintenance of lots owned by the HOA on Tract 1 TRACT 1 USE REGULATIONS 1 Permitted uses shall be all principal and accessory uses which are allowed in the(SF-8)Single- Family-Residential District,in accordance with Section 30 of the Sanger Zoning Ordinance,as amended or as otherwise identified below A Temporary Asphalt or Concrete Batch Plant shall be allowed if located at least 150'from the Tract 1 boundary or within Tract 2 The temporary batch plant shall be removed if no construction activity takes place over a 6-month period The plant shall subsequently be allowed by right for subsequent phases of the development as long as it is located at least 150' from the Tract 1 boundary or within Tract 2 2 A Specific Use Permit shall be required for all uses otherwise requiring a Specific Use Permit in the (SF-8)Single Family-Residential District,in accordance with Section 30 of the Sanger Zoning Ordinance,as amended NEIGHBORHOOD DEVELOPMENT STANDARDS 1 The maximum number of lots in the High Pointe neighborhood shall be 380 Of those,a maximum of 297 shall be Type 1 lots,and minimum of 78 shall be Type 2 lots The number of Type 1 lots in any phase shall not be more than 75%of the lots of that phase HIGH POINTE 090325 PAGE I l EXHIBIT_ 2 The open spaces identified on the Open Space/Amenities Plan(Exhibit El)shall be deemed as meeting the parkland dedication requirements for the neighborhood The open spaces shall be owned and maintained by the mandatory Homeowners Association Provided equipment within the open spaces will be of commercial grade and approved by the Director of Parks or his designee 3 Open Space"C",as identified on the Open Space/Amenities Plan(Exhibit El)shall be developed in accordance with the schematic designs shown on Schematic Landscape Design Active Open Space (Exhibit E2) The specific design shall be determined at the time of Plan approval by the city , 4 Open Spaces"C"and"D"will be developed concurrently with the first phase of residential development and construction shall be completed prior to a building permit being issued for the 1015t home in the High Pointe neighborhood 5 Open Space"B"shall be developed concurrently with the second phase of residential development 6 Open Space"A"shall be developed concurrently with the third phase of residential development 7 The 6'wide looped trail,as generally shown in Open Space "A"on the Open Space/Amenities Plan (Exhibit El)shall be built prior to a building permit being issued for the last home in the High Pointe neighborhood The specific trail alignment shall be determined at the time of permitting 8 High Pointe Uniform Screening A uniform masonry screening wall shall be provided along Marion Road,Belz Road,and FM 455 The wall shall be located on a lot owned by the HOA 9 Perimeter and neighborhood entry landscape treatments shall generally be in accordance with the Entry Sign/Screening Exhibit(Exhibit F) More specifically,the following shall be incorporated into , the design of the neighborhood entry and perimeter treatment , A A minimum 10'wide landscape buffer shall be provided adjacent to Marion Road The buffer shall be located on a lot owned by the HOA B A minimum 20'wide landscape buffer shall be provided adjacent to Betz Road and FM 455 The buffer shall be located on a lot owned by the HOA C Trees,a minimum 3"caliper in size at the time of planting,shall be provided at a ratio equal to 1 tree per 50 linear feet of frontage along said streets The trees may be placed in an informal layout D A specific landscape plan,screening plan,and amenities plan for each shall be provided in conjunction with the submittal of construction plans for each specific phase of the neighborhood where the aforementioned items are located Said designs shall reflect the schematic designs shown on Exhibit F E Al!landscaping and screening wall maintenance shall be the responsibility of the mandatory Homeowners Association } } {t4 HIGH POINTE 090325 PAGE 12 EXHIBIT__ LOT DEVELOPMENT STANDARDS Lot Type TYPE 1 TYPE 2 Minimum Lot Width 50' 60' Minimum Lot Area(SQ FT) 6,000 7,200 Minimum Lot Depth 110' 110' Minimum Front Yard Setback 20' 20' Minimum Rear Yard Setback 15' 15' Minimum Side Yard Setback 5' 5' Exterior at Corner 15' 15' Exterior at Corner-Garage Face 20' 20' Minimum Dwelling Area(SQ FT) See Note See Note Maximum Lot Coverage 65% 65% Maximum Height 35' 35' Note Outdoor living areas shall have a minimum rear setback of 5' whether or not the area is covered by a roof - For purposes of this section,"outdoor living"shall mean any patio, deck,grill,sitting area,dining area,or other amenity which is designed and/or used for outdoor living and entertaining If the outdoor living area is coverd by an extension of the home's roof,the 15'rear setback shall apply Note The minimum front yard setback may be reduced to 17'for homes with J-swing garages Note Maximum 20%-1,200 SF-1,499 SF Remaining%(Approx 60%)-1,500 SF-1,999 SF Minimum 20%-2,000 SF+ RESIDENTIAL ARCHITECTURAL STANDARDS 1 Homes within the High Pointe community shall comply with the criteria established in the Sanger Façade Design Criteria Manual HIGH POINTE 090325 PAGE 13 EXHIBIT_ I TRACT 2 USE REGULATIONS 1 Permitted uses shall be all principal and accessory uses which are allowed to the(B-2) Business District,in accordance with Section 30 of the Sanger Zoning Ordinance,as amended A Temporary Asphalt or Concrete Batch Plant shall be allowed if located at least 150'from the Tract 1 boundary or within Tract 2 The temporary batch plant shall be removed if no construction activity takes place over a 6 month period The plant shall subsequently be allowed by right for subsequent phases of the development as long as it is located at least 150' from the Tract 1 boundary or within Tract 2 2 A Specific Use Permit shall be required for all uses otherwise requiring a Specific Use Permit in the (B-2)Business District,in accordance with Section 30 of the Sanger Zoning Ordinance,as amended DEVELOPMENT STANDARDS Development shall take place in accordance with the standards established in the(B-2)Business District of the Sanger Zoning Ordinance 1 Special Side or Rear Yard Requirement When a non-residentially zoned lot or tract abuts upon a zoning district boundary line dividing the lot or tract from a residentially zoned lot or tract,a ' minimum side yard of twenty(20)feet shall be provided for on the nonresidential property A solid masonry wall having a minimum height of six(6)feet above the average grade of the residential property shall be constructed adjacent to the common side and/or rear property line { HIGH POINTE 090325 PAGE 1 4 EXHIBIT_ [def:$signername|printname|req|signer1] [def:$signersig|sig|req|signer1] [def:$notarysig|sig|req|notary] [def:$date|date|req|notary] [def:$state|state|req|notary] [def:$county|county|req|notary] [def:$disclosure|disclosure|req|notary] [def:$seal|seal|req|notary]Denton Record-Chronicle 2413 Fort Worth Dr (940) 387-7755 I, Anjana Bhadoriya, of lawful age, being duly sworn upon oath depose and say that I am an agent of Column Software, PBC, duly appointed and authorized agent of the Publisher of Denton Record-Chronicle, a publication that is a "legal newspaper" as that phrase is defined for the city of Denton, for the County of Denton, in the state of Texas, that this affidavit is Page 1 of 1 with the full text of the sworn-to notice set forth on the pages that follow, and that the attachment hereto contains the correct copy of what was published in said legal newspaper in consecutive issues on the following dates: PUBLICATION DATES: Nov. 8, 2025 Nov. 11, 2025 Notice ID: 3gXhEj6FrEzg46Uu4oLF Notice Name: ORD 11-31-25 PUBLICATION FEE: $97.84 I declare under penalty of perjury that the foregoing is true and correct. [$signersig ] ______________________________ [$seal] Agent VERIFICATION State of Florida County of Orange Signed or attested before me on this: [$date] [$notarysig ] ______________________________ Notary Public [$disclosure] AFFIDAVIT OF PUBLICATION ORD 11-31-25 - Page 1 of 1 Notarized remotely online using communication technology via Proof. 11/11/2025