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12-32-22-Ordinance-Rezoning 131.82 Acres Agricultural to Planned Development-12/19/2022CITY OF SANGER, TEXAS ORDINANCE 12-32-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, REGARDING AMENDING THE ZONING MAP OF APPROXIMATELY 131.82 ACRES OF LAND DESCRIBED AS A1241A TIERWESTER, TR 56, TR 57 AND TR 40 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 December 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 along I-35 and Chapman Drive approximately 234 feet west of the intersection of I-35 and Chapman Drive and described in Exhibit A-E. SECTION 2. That all matters stated in the preamble are found to be time and correct and are incorporated herein as if copied in their entirety. Ordinance — 12-32-22 — I-35 and Chapman Drive - PD Page 1 of 2 SECTION I 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 19th day of December, 2022. ATTEST: Kelly Edw ds, City Secretary SANG % Awe = U — gee a age a edge TEX M11W��\\ Ordinance—12-32-22 — I-35 and Chapman Drive - PD APPROVED: Thomas E. Muir, Mayor VED TO Coleman, RM: Page 2 of 2 City of Sanger SECTION 1—PLANNED DEVELOPMENT SUMMARY AND PURPOSE Use of the Property shall comply with the general use areas shown as Residential, Non -Residential, and Park/Open Space on the Master Site Plan attached as Exhibit A, as it may be amended in accordance with this section, and with the use chart for each general use area as set forth in Exhibit B. The developer may change the boundaries and area of any use area by up to a cumulative amount of ten percent of the land area for each land use area. Any change to the Master Site Plan must be submitted to the Director of Development Services to ensure it is in compliance with this section, and the amended Master Site Plan will become a part of the permanent file maintained by the Director of Development Services for this Planned Development (PD). Any land use changes exceeding the ten percent of the land area for each land use area or changes that deviate from the planned development design standards or City of Sanger Code of Ordinances will need to be presented before Planning and Zoning and City Council for approval. Areas shown on the Master Site Plan as Residential are considered to be residential zoning areas, all other parts of the Property are considered to be nonresidential zoning areas. Any item not addressed in this PD will conform to the City of Sanger Code of Ordinances. SECTION 2 —DEFINITIONS A. Definitions. Terms used within this PD, including its exhibits, shall be defined as stated below. If a term is not listed below, the definition in the Zoning Ordinance shall apply. 1. Active Park — means a park intended to support activities and equipped with improvements to promote activities, such as picnic tables, shade structures, dog parks and playgrounds. 2. Amenity Center —means an accessory use to a residential development that may consist of one or more buildings and structures and that may include, but is not limited to, meeting space, recreational facilities (such as a swimming pool and playground). 3. Block face —means one side of a block between two streets. 4. Boulevard — means a street divided by a median. 5. Build -to -Rent —Single family detached or attached dwelling unit, either platted on an individual lot or multiple dwelling units platted on one lot, for the purpose of lease to individual households. 6. Facade —means any separate face of a building that encloses or covers usable space. A roof is not a facade. 7. Gas Well Drilling and Production —means development, exploration, and production of natural gas. 8. General Retail Store Other Than Listed — means a facility or area for the retail sale of general merchandise or food, but does not include uses specifically listed in this PD. 1 9. Height — means the vertical distance measured from grade to the highest point of a structure (including a sign). 10. Land Use Category —means one of the following land use categories identified on the permitted use table attached as Exhibit B. 11. Large Scale Retail — means a single use retail building that complies with the requirements in Section 6.13 of this PD. 12. Masonry —means stone or brick laid up unit by unit and set in mortar, or stucco panels. 13. Multifamily— means a building used or designed as a residence for three or more families or households living independently of each other on the same lot. 14. Non-residential building ornon-residential development - means a building or a lot containing one or more uses that are not single family or multifamily. 15. Non-residential use — means a use that is not exclusively single family or multifamily. 16. Open Space —means property that is one of the following: a public park, a private park accessible to residents living on the Property, or an undeveloped space open to the sky and accessible by the public and located on private property, such as native mitigation areas or trails, except for development allowed in open space in this PD. 17. Parkway —means the area between a sidewalk and the back of curb. 18. PD —means this Planned Development District. 19. Personal Services — means a facility or area for the sale of personal services, such as a spa or salon, a tailor, a florist, or a pet grooming shop. 20. Pocket Park — means a park that is less than one acre in size. 21. Property —means the property depicted on the attached Exhibit C and described by metes and bounds on the attached Exhibit D. 22. Residential Building or Residential Development — means a building or a lot with single family or multifamily use. 23. Residential Use -means single family homes detached or attached for sale and for lease, or multifamily use. 24. Single Family Detached —means asingle-family dwelling on a separate lot that fronts on a street, a place, or a court, that is not attached to another dwelling unit. 2 25. Single Family Attached — means a single-family dwelling unit that is attached to another dwelling unit such as a townhome or cottage style residence in groups of two and six dwelling units making up one building. 26. Temporary Use — means of limited duration; not permanent; and/or means a facility or area used as a temporary field construction office, storage of construction equipment and materials associated with an active permit to demolish or construct. SECTION 3 —SPECIAL REGULATIONS A. Any phasing information or development schedule shown on a plat or in documents accompanying a plat shall be informational only and subject to change by the Owner. B. This PD will adhere to the City of Sanger Code of Ordinances Chapter 10: Subdivision Regulations. C. A preliminary plat shall be recommended for approval by the Planning and Zoning Commission and approved by the City Council if the following standards have been met: 1. The plat conforms to the Master Site Plan. 2. The plat conforms to the Planned Development Regulations. 3. The plan conforms to the Subdivision Regulations (Chapter 10). SECTION 4 —PERMITTED USES A. PRINCIPAL USES. 1. See Permitted Uses Table Exhibit B. Permitted Use Acreage Single -Family +J- 29.9 Build -to -Rent +/- 28.29 Multifamily +/- 33.04 Non -Residential +/- 25.03 Storage +/- 3.07 B. ACCESSORY USES. 1. Accessory outside storage on asingle-family lot. 2. Accessory swimming pool, private. 3. Amenity Center. 4. Detached Garages, 5. Carports. 6. Accessory storage units for multifamily purposes. 70 Maintenance building. SECTION 5 — RESIDENTIAL DEVELOPMENT STANDARDS A. BULK REQUIREMENTS FOR RESIDENTIAL DEVELOPMENT 1. Swimming pools and accessory outside storage unitas a ave a minimum five-foot setback from rear and side property lines, however, the setback applies only to the swimming pool or structure, and not to associated decking or paving around the pool or structure. 2. TABLE 5.1 Residential Building Setback and Area Requirements Single Family Single Family Single Family Multifamily Detached 40' Lots Detached 50' Lots Detached 70' Lots 20 DUA or 612 Unit Count or DUA 200 Lots 84 Lots 12 Lots units Min. Lot Area 4,400 SF 51500 SF 71700 SF N/A Min. Lot Width 40' 50' 70' N/A Min, Lot Depth 110, 110, 110, N/A Min. Front Setback 20' 20' 20' 20' Min. Side Setback 5' 5' 5' S' Side Street Setback 10, 10, 10, N/A 10' / 5' for rear 10' / 5' for rear 10' / S' for rear 10, Min. Rear Setback garages garages garages Min. Dwelling Size 1300 SF 1500 SF 2000 SF 700 SF Max. Lot Coverage 60% 60% 60% 75% Max. Structure 2 Stories / 40' 2 Stories / 40' 2 Stories / 40' 3 Stories / 54' Height B. RESIDENTIAL DESIGN STANDARDS 1. Design Features for Single Family Residential Buildings a. Except as otherwise provided below, all Single Family Residential attached or detached buildings will comply with the City of Sanger Exterior Facade Design Criteria Manual Points System — dated October 7, 2019. Material percentages are calculated from the finished floor to the top plate at the upper floor. Single-family attached dwelling units are permitted to be platted with multifamily lots, not individually. Single-family attached dwelling units are not required to appear as a single unit. iv. Single-family attached buildings will follow adopted International Building Code (IBC) for fire rated walls. v. Repeated elevations for single family attached homes on multifamily platted lots are permitted. vi. Rear -facing garages served from an alley shall be located a maximum of 5 feet from the rear property line. Additional on -street parking shall be provided in designated areas. 2. Design Features for Multifamily Buildings a. Except as otherwise provided below, all multifamily buildings will comply with the City of Sanger Exterior Fagade Design Criteria Manual Points System — dated October 7, 2019. i. Each multifamily development phase shall provide three of the following amenities: a. Swimming pool b. Fitness center c. Clubhouse with 1,000 square feet of community gathering space d. Covered Picnic Area e. Dog Park of at least 2,000 square feet in area f. One regulation size pickle ball court, or g. An alternative amenity approved by the Director of Development Services ii. Material percentages are calculated from the finished floor to the top plate at the upper floor. iii. Covered parking structures shall be designed to be architecturally compatible with the main multifamily structures. Exposed steel or timber support columns shall be permitted. SECTION 6 —NON-RESIDENTIAL DEVELOPMENT STANDARDS A. BULK REQUIREMENTS FOR NON-RESIDENTIAL DEVELOPMENT TABLE 5.2 Non -Residential Requirements Requirement Non -Residential Min. Lot Area None Min. Front Setback 25' Min. Side Setback 0' Min. Rear Setback 20' Max. Lot Coverage 50% Min, Street Corner Setback 20' Max. Structure Height 60' 5 B. NON-RESIDENTIAL DESIGN STANDARDS 1. Design Features for Non -Residential Buildings a. All buildings must include at least four of the following architectural design elements: i. Canopies, awnings, or porticos; ii. Arcades; iii. Display windows; iv. Architectural details (such as tile work and moldings) integrated into the building facade; VI Articulated ground floor levels or base; vi. Articulated cornice line; vii. A combination of no more than two buildings materials constituting a minimum of 60% of the total exterior walls, differentiated by texture, or material, and may be a combination of primary and secondary masonry materials; and viii. Other architectural features as approved by the Director of Development Services. 2. Transparency. a. Each commercial and retail floor on a primary facade shall contain at least 50% doors and windows. 25% of primary fagade windows shall include two of the following: i. Veranda, Terrace, porch or balcony (accessible for single units) minimum 4 feet deep. ii. Trellis His Shed roof awning iv. Bay windows v. Bow window vi. Transom windows vii. Arched windows viii. Gable windows ix. Oval or round windows x. Shutters xi. Decorative stone or brick band xii. Projecting trim casings or surrounds xiii. Projecting muntins or mullions and/or other elements which cause the formation of shadows on the window and the adjacent fagade, or xiv. Other features as approved by the Director of Development Services. b. This provision does not apply to office use development. 3. FaGade Finish 0 All nonresidential buildings shall be architecturally finished on all four sides with same materials, color, detailing, and features, except the rear if two rows of 3" caliper trees that are planted one every 30 feet on center along the perimeter behind the building. In this case, the architectural finish must match the remainder of the building in color only. 4. Articulation Standards Any primary facade shall include projections or recesses and vertical variation in the roof line in accordance with the horizontal and vertical articulation requirements set forth below: a. Horizontal Articulation i. A building facade greater than 50 feet in horizontal length, may not extend for a distance greater than five times its average height without a perpendicular offset of at least ten percent of such building height. ii. For building with fagade length greater than 50 feet, the total length of all fa§ade walls in a single plane may not exceed 60 percent of the total fagade length without an offset of at least ten percent of the building height. b. Vertical Articulation ii. For buildings greater than 50 feet in horizontal length, the horizontal wall may not extend for a distance greater than five times its height without a change in elevation of at least 10 percent of such height. The total length of all vertical elevation changes in the roofline shall be no less than 10 percent and no more than 40 percent of the total fagade length. 5. Building Entrance Standards a. Any front building entrance shall be set back at least 15 feet from the drive aisle. b. Single -use or multitenant buildings over 50,000 square feet in size shall provide clearly defined, highly visible customer or employee entrances with the integration of awnings or similar architectural features. 6. Canopy Standards The following provisions shall apply to canopies associated with an ATM canopy, gas station canopy, drive-thru canopy, carport, and other similar auto oriented canopies: a. Canopies shall be constructed of roof buildings material consistent with that of the principal building. b. Canopy columns shall be finished with material and color matching the main building. c. In no case shall the canopy height exceed 20 feet unless approved by the Director of Development Services. 7. Drive-Thru Drive-thru facilities shall be located to the side or rear of the structure and will meet the City's stacking and parking requirements, unless site constraints limit such orientation, as determined by the Director of Development Services. 8. Overhead Doors a. Overhead doors shall not be located closer than 50 feet to a conforming residential lot. b. Overhead doors shall be oriented to the side or rear of the structure and not front or face a public right-of-way or public street with the following exceptions: An automotive use with a maximum of 4 single, service bays may orient toward a public street only when structural awnings of at least 4 feet are provided over the extent of the overhead doors, or equivalent structural projections are provided in front of the overhead doors to reduce the visual impact of the service bays from the street. roll up, garage type door installed in a restaurant or bar may be permitted to face a public street if it is architecturally integrated into the building and provides a pedestrian connection with a covered outdoor patio area. When physical site constraints prevent such orientation, the Director of Development Services may consider and approve alternatives 9. Loading Docks a. Loading docks shall not be located closer than 40 feet to a conforming residential lot. b. Loading docks shall be oriented to the side or rear of buildings, and oriented to not front the public right-of-way, not be visible or face a public street, main drive aisle, or patron parking lot. c. When physical site constraints prevent such orientation, the Director of Development Services may consider and approve an alternative. 10. Exterior Colo All nonresidential buildings shall meet the following exterior color requirements: a. A minimum of 80% of all bung elevations shall be finished with complimentary neutral, cream, or deep, rich, non -reflective earth tone colors. b. No more than 20% of any building elevation may be finished with bright, pure tone primary or secondary colors. These colors shall be limited to use on accent features including, but not limited to window and door frames, moldings, cornices, canopies, and awnings. c. These percentages may be modified upon approval of the Director of Development Services in special cases if the building's elevation maintains sufficient visual continuity. SECTION 7 —OTHER GENERAL DEVELOPMENT STANDARDS A. LANDSCAPING 1. Residential Single Family Detached Landscape Requirements. Except as otherwise provided below, landscape requirements shall comply with Section 48, Landscape Regulations of the Zoning Ordinance. a. Each single-family residence shall have an irrigation system in the front yard and street corner side yard. b. Each single-family lot shall have a minimum of two shade trees planted that are at least three caliper inches. One must be in front yard. c. All required trees shall be selected from an approved tree list at Site Plan approval. d. Each home lot shall have a minimum of ten (10) shrubs placed in the front yard. Individual shrubs shall be a minimum of three (3) gallons in size when planted. 2. Multifamily, Townhome Cottage and Non-residential Uses Landscaped Requirements. All landscape requirements shall comply with Sections 48.4 and 48.5, Landscape Regulations of the Zoning Ordinance. B. ENTRANCE REQUIREMENTS The development entrances from major roadways shall provide a monument sign with lighting and one additional of the following additional landscaping elements: a. Textured or decorative pavement. b. Enhanced landscaping and/or planting beds with irrigation. c. Other landscaping elements as approved by the Director of Development Services, C. OPEN SPACE 1. The residential portions shall be developed with privately maintained open space located throughout the PD, exclusive of the open space and/or landscaped areas provided on the individual residential lots. a. Multifamily Phase 1-5 acres minimum b. Multifamily Phase II — 5 acres minimum c. Single Family - 13 acres minimum 2. Common areas shall include floodplain, ponds, detention areas, and small open spaces shown on the Preliminary Master Plan Exhibit A. Small Open Spaces shall be connected with sidewalks to be a comprehensive pedestrian system. 3. A pedestrian circulation system shall be provided that affords connectivity to the entire community and the perimeter of the Property. The pedestrian system shall include concrete trails that are a minimum of six feet in width. The pedestrian circulation system may be located on private property with a pedestrian access easement or within the right- of-way. The pedestrian circulation system shall include such items as benches, landscaping, signage, lighting, bike racks, water fountains, trash cans, and pet waste stations. 4. All open space areas and landscaping materials shall be installed in compliance with a Conceptual Landscape Plan and approved concurrently with Detailed Site Plan for each development phase. 5. All landscaping materials shall be maintained in a healthy, living, and growing state, and be irrigated by an automatic irrigation system. Any landscaping that is removed must be replaced with the same or comparable species and caliper plant, as when it was originally installed; provided, however, the Director of Development Services may approve an alternate species of plant upon a finding that the species originally planted has been subjected to disease or other condition that prohibits the ability of the original species to survive long term. The property owner's association shall maintain or cause to be maintained all landscaping materials and irrigation system located in open spaces, landscaped medians, and other common areas. 6. Parks and open space areas shall be designated on approved plats for the Property. D. SCREENING/FENCING 1. Single Family Detached Residential Lot Fencing a. Fencing shall be connected to the side of the house on the lot. b. Fencing shall be constructed of wood, brick, or decorative metal. c. Fencing shall be a minimum of six feet in height and a maximum of eight feet in height. d. Fencing along streets shall be located parallel to the curb. e. Fencing shall be constructed so that the side of the fence containing the structural supports is not visible from any public right-of-way. f. All fences constructed of wood must be stained and have metal posts anchored with concrete for structural support. 2. Screen Fencing a. A minimum six-foot tall masonry and/or board -on -board wood with cap screen fence shall be provided between residential and non-residential uses. b. A minimum of six-foot tall masonry screen fence shall be provided along the perimeter of the storage facility outlined on the Master Site Plan. 3. Trash Storage Areas Outdoor trash storage areas visible from a public street must be screened on three sides by a solid wall at least eight feet in height of material that is consistent with the exterior building material of the main building that the storage area serves. Decorative metal opaque gates shall be used to access such trash collection areas. 4. Other All mechanical, heating, and air conditioning equipment (e.g., rooftop or ground equipment) shall be screened from a ground level view six feet from a public right-of-way with landscaping. E. SIGNS 1. All signs shall be consistent with the architectural style of the associated building within the development. 2. Residential signs shall comply with City of Sanger Code of Ordinances Section 3.1408. 3. Non -Residential Signa�e a. All Business signs will generally comply with City of Sanger Code of Ordinances Section 3.1407 with the following exceptions: i. The total area per face of a sign shall not exceed 2 square feet of face area for each linear foot of building fascia length. ii. Pole signs along Interstate Highway 35 will be limited to a maximum of one hundred (100) feet in height. Two Non -Premises Signs shall be a permitted per area between 100 acres and 249 acres. iv. Pole signs shall be a maximum of 32 square feet and 8 feet in height unless adjacent to Interstate Highway 35 where 100 square feet and 16 feet in height is allowed. v. Pylon signs along Interstate Highway 35 will be limited to a maximum of one hundred (100) feet in height with an allowable area of 1,200 square feet on each side of sign. b. Anchor Tenant Signage One large primary sign may be placed on each facade that faces a public right of way. 11 ii. Each primary sign will allow for at least 72 inches for letter and logo height and a secondary sign with a maximum of 36 inches for letters or logos. Separate signage shall be allowed on the anchor fagade for businesses that are operating within the anchor space (i.e., coffee shop or bank branch) 4. No signs will be allowed in the right-of-way. 5. All balloon and inflatable signage shall be limited to temporary use i.e. grand openings and special events. Temporary use being defined as: i. Max. 10-14 days at a time ii. Once every six months per business on a rolling calendar year F. PARKING 1. General Provisions. a. Except as otherwise provided in this paragraph, required parking must be off- street parking. Head -in and parallel spaces located on streets are permitted and count toward required parking. b. Unless otherwise stated, all parking spaces may be enclosed or unenclosed. 2. Minimum Parking Requirements. See Exhibit B: General Permitted Uses for the minimum parking requirements for each principal use. 12 EXHIBIT "B" PERMITED USES CHART Legend: P = Permitted C = Conditional SUP = Special Use Permit PERMITED USES RESIDENTIAL NON-RESIDENTIAL OPEN SPACE MINIMUM PARKING REQUIREMENT' OFFICE Offices P 3:1,000 SF RECREATION AND ENTERTAINMENT Country Club with Golf Course P P 1:300 SF Nightclub P 1:100 SF Park, Playground, or Golf Course P P P Golf course 9.8 per hole; otherwise none Private Club, Lodge, or Fraternal Organization P 1:200 SF Recreation and Entertainment, Indoor P SUP Theater —1 per 4 seats; Bowling Alley — 6 per lane; Pool Halls and Other Commercial Amusements (Indoor) —1:100 SF; Racquetball Court-4 per court; Health Club —1:200 SF RESIDENTIAL AND LODGING Multi -Family P 1.60 per dwelling unit Single Family (attached or detached) P 12 per dwelling unit RETAIL AND PERSONAL SERVICE USES Bar P 1:75 SF Antique Shop P 2:1,000 SF Car wash P 1:150 SF Catering Service P 3:1,000 SF Daycare P 1 per 8 students General Personal Services (Cleaning, Laundry) P 3:1,000 SF General Personal Services (Copy Center) P 3:1,000 SF Custom and Craft Work P 1:400 SF Farmers Market P 1:1,000 SF of site area Gasoline Sales P 1:250 SF with a minimum of 4 spaces General Retail Store , other than listed P 3:1,000 SF (1:400 SF for furniture sales) Large Scale Retail P 3:1,000 SF (1:400 SF for furniture sales) Nursery, Garden Shop, or Pant Sales P 3:1,000 SF for indoor portion; 1:600 SF for outdoor portion Open Air Vending P None Personal Services P 3:1,000 SF Restaurant P 1:150 SF Veterinary Clinic C 1:400 SF TEMPORARY Temporary Asphalt or Concrete Batch Plant P P P None Temporary Construction Field Office P P P None Temporary Construction Storage Yard P P P None Temporary Outdoors Sales P None UTILITIES, COMMUNICATIONS AND TRANSPORTATION Electric Utility Substation P I P I lNone Radio, TV station , Recording Studio P 1:400 SF Utility Lines, Towers or Metering Station P P P INone Wireless Telecommunication Facilities P P INone WHOLESALE AND STORAGE Storage Facility P 1:31000 SF OTHER Gas Well Drilling and Production SUP I None Fractional parking requirements shall be rounded up to the nearest whole number. Unless otherwise stated, references to square footage are to floor area. yy svxai `uagwS E6 T4ZT'ON lavalSHV 7{ a `A3AH(TS TI3.LSAMEA L MIN19H ' 9 210 MO "AhM JO SHTTJV LCOVL ONIRR �� 3 'IVI�ZI�I�IL1I0� 2I�JNF'S :I `• It 0 9 9 4 9 z a W 9 9 o a � �� tom' � � i=�►\ �11111111111111111 � �. �<��/111111�,� } J 2 LL aF J W J g 3 z t J lit O] 9®s� i IfiII�LH ONINOZ . m4a I i40 i . 2 °— �o J_C J_C N LL a 2 aF £ N EXHIBIT D METES & BOUNDS Being a 131.82 acre tract or parcel of land situated in the Henry Tierwester Survey, Abstract Number 1214 in the City of Sanger, Denton County, Texas and being all of a called 50 acre tract of land described in the deed to PAC Group, LTD., recorded in Volume 4880, Page 2632 of the Real Property Records of Denton County, Texas and being a portion of a called 61.598 acre tract of land described in the deed to PAC Group, LTD., recorded in Volume 4759, Page 632 of the Real Property Records of Denton County, Texas and being a portion of a called 26.385 acre tract of land described in the deed to John Porter Auto Sales, Inc., recorded in Volume 1330, Page 277 of the Real Property records of Denton County, Texas anA being more particularly described by metes and bounds as follows: BEGINNING at a mag nail found at the Northeast corner of said 50 acre tract and the common Northwest corner of a called 2.501 acre tract of land described in the deed to Daniel Raymond Wolfe and Brianna Lynn Wolfe, recorded in Document Number 2021-21494 of the Official Records of Denton County, Texas and being in Belz Road; THENCE South 01°00'05" West, with the East line of said 50 acre tract and the common West line of said 2.501 acre tract, passing at a distance of 655.80 feet a 3/8" iron rod found at the Southwest corner of said 2.501 acre tract and the common Northwest corner of a called 10.42 acre tract of land described in the deed to M & G sanger Real Estate, LLC., recorded in Document Number 2019-27076 of the Official Records of Denton County, Texas, continuing on said course and with the East line of said 50 acre tract and the common West line of said 10.42 acre tract, passing at a distance of 1017.17 feet a 1/2" iron rod found at the Southwest corner of said 10.42 acre tract and the common Northwest corner of a called M.96 acre tract of land described in the deed to Holt Texas, LTD., recorded in Document Number 2013- 71958 of the Official Records of Denton County, Texas, continuing on said course and with the East line of said 50 acre tract and the common West line of said 30.96 acre tract a total distance of 1561.92 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set at the Southeast corner of said 50 acre tract and the common Northeast corner of said 61.598 acre tract; THENCE South 00°48'52" West, with the East line of said 61.598 acre tract and the common West line of said 30.96 acre tract, a distance of 563.24 feet to a 1/2" iron rod found at the Southwest corner of said 30.96 acre tract and the common Northwest corner of said 26.385 acre tract; THENCE South 88°37'28" East, with the North line of said 26.385 acre tract and the common South line of said 61.598 acre tract, passing a capped 5/8" iron rod stamped "TXDOT ROW MON" found at a distance of 1122.76 feet and continuing on said course a total distance of 1186.11 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set at the Northeast corner of said 26.385 acre tract and the common Southeast corner of said 61.598 acre tract and being in the West Right -of -Way line of Interstate Highway I-3S/ U.S. Highway 77/North Stemmons Street (a variable width right-of-way); THENCE South 08°17'12" West, with the East line of said John Porter Auto Sales tract and the common West right-of-way line of said Interstate Highway I-35 East, a distance of 57.19 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set at the Northeast corner of a called 0.3585 acre tract of land described as parcel 145 in the deed to the State of Texas, recorded in Document Number 2020472411 of the Official Records of Denton County, Texas; THENCE North 89°3841 West, with the North line of said parcel 145, passing a capped 5/8" iron rod stamped "TXDOT ROW MON" found at the Northwest corner of said parcel 145 at a distance of 63.47 feet and continuing with the North line of the remainder of a tract of land described in the deed to Stephen L. Martin & Gary L. Martin, recorded in Document Number 96-0044292 of the Official Records of Denton County, Texas and continuing on said course a total distance of 87.41 feet to a 2" metal post found at the Northwest corner of said Martin Tract; THENCE South 08°57'38" West, with the West line of said Martin tract, a distance of 247.92 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set at the Southwest corner of said Martin tract and the common Northwest corner of the remainder of a tract of land described as "TRACT II" in the deed to Hazel Martin, recorded in Volume 2163, Page 47 of the Official Records of Denton County, Texas; THENCE South 18°48'25" West, with the West line of said "TRACT II", a distance of 198.82 feet to a 1/2" iron rod found at the Southwest corner of said "TRACT II"; THENCE South 81°33'29" East, with the South line of said "TRACT II", passing a 5/8" iron rod with cap stamped "TXDOT ROW MON" found at the Southwest corner of a called 0.0135 acre tract of land described as parcel 144 in the deed to the State of Texas, recorded in Document Number 2020-74514 of the Official Records of Denton County Texas at a distance of 41.31 feet and continuing on said course and with the South line of said parcel 144 a total distance of 83.58 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set at the Southeast corner of said parcel 144 and in the East line of said 26.385 acre tract and the common West right-of-way line of said Interstate Highway I-35; THENCE with the East line of said 26.385 acre tract and the common West right-of-way line of said Interstate Highway 1-35 the following courses and distances; South 19°40'28" West, a distance of 47.78 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set; With a curve to the right having a radius of 5554.65 feet, a delta angle of 05°36'59", a chord bearing of S 16°3459 W, a chord length of 544.26 feet, and an arc length of 544.48 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set at the Northeast corner of a called 0.1483 acre tract of land described as parcel 131 in the deed to the State of Texas, recorded in Document Number 2020-44894 of the Official Records of Denton County, Texas; THENCE North 70°40'52" West, with the North line of said parcel 131, passing a capped 5/8" iron rod stamped "TXDOT ROW MON" found at the Northwest corner of said parcel 131 at a distance of 36.78 feet and continuing on said course and with the North line of Lot 1, Block A of Foodmaker Addition an addition to the City of Sanger, recorded in Cabinet P, Page 105 of the Plat Records of Denton County, Texas and the North line of an Access Driveway, Utility & Signage Easement -Annex "4", recorded in Document Number 98-R0061221 of the Official Records of Denton County, Texas, a total distance of 233.60 feet to a called 1/2" iron rod stamped "EAGLE SURVEYING" set at the Northwest corner of said Access Driveway, Utility &Signage Easement -Annex "41'; THENCE South 20°0513" West, with the West line of said Access Driveway, Utility &Signage Easement - Annex "4", a distance of 30.70 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set at the Northeast corner of Potter Addition an addition to the City of Sanger, recorded in Cabinet U, Page 76 of the Plat Records of Denton County, Texas; THENCE North 69°5447 West, with the North line of said Potter Addition, a distance of 55.48 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set; THENCE North 88°3629 West, with the North line of said Potter Addition, passing a capped 1/2" iron rod stamped "ISBEL ENGR" found at the Northwest corner of Potter Addition and the common Northeast corner of Isbell Addition an addition to the City of Sanger, recorded in Cabinet Y, Page 669 of the Plat Records of Denton County, Texas at a distance of 194.58 feet and continuing on said course and with the North line of said Isbell Addition a total distance of 419.32 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set at the Northwest corner of said Isbell Addition and in the East line of Sanger Exchange West -Section One an addition to the City of Sanger, recorded in Cabinet E, Page 280 of the Plat Records of Denton County, Texas; THENCE North 01°13'S2" East, with the East line of said Sanger Exchange West -Section One, a distance A 9.80 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set at the Northeast corner of said Sanger Exchange West -Section One; THENCE North 88°21'17" West, with the North line of said Sanger Exchange West -Section One, a distance of 221.87 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set at the Northwest corner of said Sanger Exchange West -Section One and being in the West line of said 26.385 acre tract and in the common East line of said 61.598 acre tract; THENCE South 01026123" West, with the East line of said 61.598 acre tract and the common West line of said Sanger Exchange West, Section One, a distance of 180.60 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set in the North line of O'Reilly Addition an addition to the City of Sanger, recorded in Document Number 2020-71 of the Plat records of Denton County, Texas; THENCE North 88048142" West, with the North line of said O'Reilly Addition, a distance of 77.60 feet to a 1/2" iron rod found at the Northwest corner of said O'Reilly Addition; THENCE South 01°24'37" West, a distance of 178.63 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set in the South line of said 61.598 acre tract and the common North line of Farm to Market Road 455; THENCE North 88°49'25" West, with the South line of said 61.598 acre tract and the common North line of said Farm to Market Road 4551 a distance of 1307.41 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set at the Southwest corner of said 61.598 acre tract; THENCE North 00°58'47" East, with the West line of said 61.598 acre tract and the common East line of a called 95 acre tract of land described in the deed to Jackson Jay Marshall, recorded in Document Number 2013433569 of the Official Records of Denton County, Texas, a distance of 724.59 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set at the Southwest corner of a called 1.86 acre tract of land described in the deed to John W. Porter, recorded in Document number 96-R0026290 of the Real Property Records of Denton County, Texas; THENCE South 89°01'13" East, with the South line of said 1.86 acre tract, a distance of 270.00 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set at the Southeast corner of said 1.86 acre tract; THENCE North 00°58'47" East, with the East line of said 1.86 acre tract, a distance of 300.00 feet to a capped 1/211 iron rod stamped "EAGLE SURVEYING" set at the Northeast corner of said 1.86 acre tract; THENCE North 89°0113 West, with the North line of said 1.86 acre tract, a distance of 270.00 feet to a 100-D nail found at the Northwest corner of said 1.86 acre tract and being in the West line of said 61.598 acre tract and the common East line of said 95 acre tract; THENCE North 00°584, East, with the West line of said 61.598 acre tract, a distance of 98.65 feet to a capped 1/2" iron rod stamped "KAZ" found at the Southwest corner of a called 2.00 acre tract of land described in the deed to the City of Sanger, recorded in Document Number 2015446437 of the Official Records of Denton County, Texas; THENCE South 88°56'S7" East, with the South line of said 2.00 acre tract, a distance of 269.84 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set at the Southeast corner of said 2.00 acre tract; THENCE North 01°03'03" East, with the East line of said 2.00 acre tract, a distance of 322.56 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set at the Northeast corner of said 2.00 acre tract; THENCE North 88°56'S7" West, with the North line of said 2.00 acre tract, a distance of 270.24 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set at the Northwest corner of said 2.00 acre tract and being in the West line of said 61.598 acre tract; THENCE North 00°58'47" East, with the West line of said 61.598 acre tract and the West line of said 50 acre tract and the common East line of Meadow Land Addition an addition to the City of Sanger, recorded in Cabinet F, Page 80 of the Plat Records of Denton County, Texas, a distance of 2048.28 feet to a %" iron rod found at the Northwest corner of said 50 acre tract and being in Belz Road; THENCE South 88032148" East, with the North line of said SO acre tract, a distance of 1394.87 feet to the POINT OF BEGINNING and containing 131.82 acres of land more or less. Malouf svxai xaomvs anolvrn CW4 HI m W h 1; an3x a ieum\>s' aw \unws erorn n -zzozWo oadwoa'auA¢ aauvam m c ot zcWcVa era iaa oxirnrner Nra ue muoa DRC MEDIA COMPANY NEWS & ADVERTISING SOLUTIONS One company delivers it all. 3555 Duchess Drive P.O. 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: 12/24/2022 12/25/2022 C (signature of Authorized Designee) Subscribed and sworn to before me this 25th day of December, 2022 by J�Ce �C �LL)�1�PLc (printed name of Designee) Witness my hand and official seal: (signature name of Designee) Notary Public, Denton County, PATRICIA LAGA�I� Notary Public State of Texas ID it 13027960�6 Comm. Expires 03-0.5m2021 BANGER CITY OF P O BOX 1729 SANGER TX 76266 Ad Number: 49726 Price: $64.50 Ad Copy. CITY OF SANGER, TEXAS ORDINANCE 12-32-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, REGARDING AMENDING THE ZONING MAP OF APPROXIMATELY 131.82 ACRES OF LAND DESCRIBED AS All 241A TIERWESTER, TR 56, TR 57 AND TR 40 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 19th day of December, 2022. dre 12/24/2022 & 12/25/2022