Loading...
04-08-22-Ordinance-Rezoning NO ACTION-04/04/2022 Ordinance – #04-08-22 Page 1 of 6 CITY OF SANGER, TEXAS ORDINANCE # 04-08-22 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, REZONING APPROXIMATELY 19.1 ACRES OF TRACTS DESCRIBED AS MARION POINT ACRES BLOCK A, LOT 1A, 2A, 3A, 4A, 5A, 6A, 7A AND 8A, 19.1 ACRES, FROM “R-1” RESIDENTIAL 1 TO “PD” PLANNED DEVELOPMENT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; 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 FOR AN EFFECTIVE DATE. WHEREAS, A request for rezoning was submitted with the city of Sanger, Texas, concerning the hereinafter described property; WHEREAS, due notice of hearings was made in the time and manner prescribed by law and the Planning and Zoning Commission of the City of Sanger, Texas, duly covered and conducted public hearing for the purpose of assessing a request for rezoning from Residential-1 (R-1) to Planned Development (PD) on the hereinafter described property located in the city of Sanger, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That the legal description of the tracts zoned herein is generally described as MARION POINT ACRES BLOCK A, LOT 1A, 2A, 3A, 4A, 5A, 6A, 7A AND 8A 19.1 ACRES. 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. That the subject property described through metes and bounds in Exhibit A, and generally located on the east side of Marion Rd and approximately 1181 feet north of the intersection of Marion Rd and FM 455, is rezoned from Residential 1 (R-1) to Planned Development (PD), as illustrated in Exhibit B and the conceptual plan as illustrated in Exhibit C. SECTION 4. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 5. 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 Ordinance – #04-08-22 Page 2 of 6 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 6. 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 7. 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. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this ____________ day of ________________________, 2022. APPROVED: ________________________________ ATTEST: Thomas E. Muir, Mayor ________________________________ APPROVED TO FORM: Kelly Edwards, City Secretary ________________________________ Hugh Coleman, City Attorney Ordinance – #04-08-22 Page 3 of 6 EXHIBIT A § STATE OF TEXAS § COUNTY OF DENTON WHEREAS, SANGER CIRCLE PROPERTY, L.P., is the owner of a 19.51 acre tract of land situated in the Reuben Bebee Survey, Abstract Number 29, City of Sanger, Denton County, Texas, being a part of Lots 1A through 4A, Block A and all of Lots 5A through 8A, Block A of Marion Point Acres, an addition to the Extra-Territorial Jurisdiction of the City of Sanger, Denton County, Texas, according to the plat thereof filed for record under Document Number 2015-62, Plat Records, Denton County, Texas, (P.R.D.C.T.), said 19.51 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch capped iron rod found for the Southwest corner of the herein described tract, being in the East Right-of-Way line of Marion Road, and being the Northwest corner of Lot 5R of N.L. Hobbs Addition, an addition to the City of Sanger, according to the plat thereof recorded in Cabinet X, Page 613 of the Plat Records of Denton County, Texas; Thence North 01°25'04" East with the East Right-of-Way line of said Marion Road for a distance of 550.93 feet to a 1/2-inch capped iron rod stamped "Eagle Surveying" set for the Northwest corner of the herein described tract; Thence South 88°33'58" East with the North boundary line of the herein described tract for a distance of 1521.15 feet to a 1/2-inch capped iron rod stamped "Eagle Surveying" set for the Northeast corner of the herein described tract, and being in the West boundary line of a tract of land described in a deed to Delores S. Brown, according to the deed thereof recorded in Instrument No. 2002-157064 of the Real Property Records of Denton County, Texas; Thence South 01°49'18" West with the West boundary line of said Brown tract for a distance of 567.80 feet to a 1/2-inch capped iron rod found for the Southeast corner of the herein described tract, and being in the Northeast corner of a tract of land described in a deed to Ronalee Roberts & Jody Roberts, according to the deed thereof recorded in Instrument No. 2016-72650 of the Real Property Records of Denton County, Texas; Thence North 87°55'47" West with the North boundary line of said Roberts tract and Block A of aforementioned N.L. Hobbs Addition, for a distance of 1,517.24 feet to the POINT OF BEGINNING enclosing 19.51 acres of land, more or less. Ordinance – #04-08-22 Page 4 of 6 EXHIBIT B PARKBROOK ADDITION LAND USE REGULATIONS LEGAL DESCRIPTION: Lots 1A – 8A, Block A, Marion Point Acres CURRENT ZONING: R-1 Single Family PROPOSED ZONING: Planned Development (PD) with Single-Family Detached and Single-Family Attached (Townhome) Residential Lots PROPOSED LOT INFORMATION: SINGLE FAMILY DETACHED: Use Regulations: Permitted uses are outlined in the Use of Land and Buildings Chart in Chapter 14, Section 30 of the City of Sanger Zoning Ordinance. Height Regulations: No building shall exceed thirty (30) feet in height. Accessory buildings shall not exceed fifteen (15) feet in height. Area Regulations: A. Size of Yards: 1. Minimum Front Yard – Twenty-five (25) feet 2. Minimum Side Yard – Eight (8) feet; Fifteen (15) feet on corner adjacent to side street 3. Minimum Rear Yard – Twenty (20) feet B. Size of Lots: 1. Minimum Lot Area – Six Thousand Five Hundred (6,500) square feet 2. Minimum Lot Width – Fifty-Eight (58) feet 3. Minimum Lot Depth – One Hundred (100) feet C. Minimum Dwelling Size: Two Thousand (2,000) square feet Ordinance – #04-08-22 Page 5 of 6 D. Maximum Lot Coverage: Forty percent (40%) by the main building; Sixty percent (60%) by the main building, accessory buildings, driveways and parking; and any other concrete work, flat work, etc. E. Parking Regulations: Not less than two (2) off-street parking spaces shall be provided behind the front yard line. F. Other Regulations: 1. Accessory Buildings: i. Minimum Front Yard – Sixty (60) feet ii. Minimum Side Yard – Ten (10) feet iii. Minimum Rear Yard – Ten (10) feet SINGLE FAMILY ATTACHED (TOWNHOMES): Use Regulations: Permitted uses are outlined in the Use of Land and Buildings Chart in Chapter 14, Section 30 of the City of Sanger Zoning Ordinance. Height Regulations: No building shall exceed thirty (30) feet in height. Area Regulations: A. Size of Yards: 1. Minimum Front Yard – Twenty-five (25) feet 2. Minimum Side Yard – Eight (8) feet; Fifteen (15) feet on corner adjacent to side street 3. Minimum Rear Yard – Twenty (20) feet B. Size of Lots: 1. Minimum Lot Area – Two Thousand Six Hundred (2,600) square feet 2. Minimum Lot Width – Twenty-Four (24) feet 3. Minimum Lot Depth – One Hundred (100) feet C. Minimum Dwelling Size: One Thousand Six Hundred (1,600) square feet D. Maximum Lot Coverage: Fifty percent (50%) by the main building; Seventy percent (70%) by the main building, accessory buildings, driveways and parking; and any other concrete work, flat work, etc. E. Parking Regulations: Not less than two (2) off-street parking spaces shall be provided behind the building. Garage access shall be provided via an alley. F. Other Regulations: 1. Accessory Buildings are not permitted. Ordinance – #04-08-22 Page 6 of 6 Exhibit C