09-25-23-Ordinance-Rezoning Change PD-Townhome to PD-R-1 Sanger Circle-09/05/2023CITY OF SANGER, TEXAS
ORDINANCE 09-25-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON
COUNTY, TEXAS, REGARDING AMENDING THE ZONING MAP FOR
APPROXIMATELY 14,908 ACRES OF LAND DESCRIBED AS A0029A R BEEBE,
72B(2A); FROM (PD-TH) PLANNED DEVELOPMENT-TOWNHOME TO (PD-R4)
PLANNED DEVELOPMENT -RESIDENTIAL DISTRICT4; 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 August 14, 2023, 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 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 the legal description of the tracts zoned herein is generally described as
A0029A R. BEEBE, TR 72B(2A).
SECTION 2. That the subject property described in Section 1 and further described
through metes and bounds in Exhibit A, and generally located on the west side of Marion
approximately 820 feet south of the intersection of Marion Road and Huling Road is rezoned from
Ordinance — 04-OS-23 — 902 N Stemmons Frwy —Zoning Change
Page 1 of 2
(PD-TH) Planned Development-Townhome to (PD-Rl) Planned Development -Residential
District-1 as illustrated in Exhibit B and the conceptual plan as illustrated in Exhibit C.
SECTION 3. 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 4. 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 5. 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 6. 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
Sth day of September 2023.
ATTEST:
E
or
.XPS\`\�.
s, City Secretary /'
APPROVED:
Thomas E. Muir, Mayor
APPROVED TO FORM:
Coleman, City Attorney
Ordinance — 04-OS-23 — 902 N Stemmons Frwy —Zoning Change
Page 2 of 2
STATE OF TEXAS
COUNTY OF DENTON
All that certain lot, Lact, or parcel of land, being part of the Reuben Bebee Survey, Abstract No. 29, Denton County,
Texas, and being part of that certain called 223.35 acre tract described in a deed from North Park Estates Trust to
Sanger Land Development LLC on February 15, 2019, recorded in Denton County Clerk's File No. (DCCFN) 2019-
16167 of the Official Public Records of Denton County, Texas, and being more completely described as follows, to -
wit:
BEGINNING at a '/z" iron rod (set) for the Northeast tertnintts of Imperial Drive as shown on the plat of Sanger
Circle, Phase 6B, recorded in DCCFN 2022-196, in the North line of the above mentioned 223.35 acre tract, in the
South line of the STC Group Miller, LLC 202.69 acre tract recorded in DCCFN 2021 -00 195695;
THENCE South 88 deg. 57 min. 33 sec. East with the South line of the 202.69 acre tract, the South line of Lot 4,
Block 1 of Abney Acres, as shown by plat of same recorded in Volume M, Page 64 of the Plat Records of Denton
County, Texas (PRDCT), the North line of the 223.35 acre tract, a distance of 578.77 ft. to a 3" pipe fence corner
post (found) for the Northeast corner of same, the Northwest corner of the Lou Henry Cooper 9.297 acre tract
recorded in Volume 1005, Page 253;
THENCE southerly and generally with a fence, with the East line of the 223.35 acre tract, the West line of the 9.297
acre tract as follows:
South 04 deg. 47 min. 03 sec. East a distance of 112.59 ft. to a fence corner (found) for corner,
South 11 deg. 23 min. 10 sec. East a distance of 163.10 ft. to a x-tie fence corner (found) for corner,
South 21 deg. 46 min. 43 sec. East a distance of 229.34 ft. to a 3" bois d'art fence corner (found) for corner,
South 32 deg. 44 min. 55 sec. East a distance of 131.51 ft. to a 15" twin bois d'art tree for corner,
South 52 deg. 50 min. 26 sec. East a distance of 158.27 ft, to a 12" triple bois d'art tree for corner,
and South 59 deg. 39 min. 33 sec. East a distance of 353.99 ft. to a mag nail (set) for an angle corner of the 223.35
acre tract, the South corner of the 9.297 acre tract, near the centerline of Marion Road;
THENCE South O1 deg. 23 min. 45 sec. West with the centerline of Marion Road, the East line of the 223.35 acre
tract, a distance of 129.75 ft. to a mag nail (set) for the Northeast corner of 0.152 acre right of way dedication shown
on the plat of Sanger Circle, Phase 6A, recorded in Document No. 2022-200, PRDCT;
THENCE North 88 deg. 35 min. 48 sea West with the North line of the 0.152 acre right of way, at 39.97 ft. pass a
/z" iron rod (found) for the Northwest of same, the Northeast corner of Block B of Sanger Circle, Phase 6A, and
continue a total distance of 462.87 ft. to a ''/2" iron rod (found) for corner at the p.c. of a curve to the right;
THENCE westerly with the North line of Block B, with a curve to the right having a radius of 1279.78 ft., a chord of
North 84 deg. 47 min. 59 sec. West - 175.39 ft., a distance of 175.53 ft. to a ''/z" iron rod (found) for corner at the p.t.
of same;
THENCE North 80 deg. 58 min. 56 sec. West with the North line of Block B. a distance of 96.57 ft. to a '/�" iron rod
(set) for corner in the East right of way of Olivia Lane and a curve to the left;
THENCE with the East right of way of Olivia Lane, with a curve to the left having a radius of 320.00 ft., a chord of
North 04 deg. 12 min. 32 sec. West - 40.48 ft., a distance of 40.51 ft. to a ''/2" iron rod (set) for corner, the Northeast
terminus of Olivia Lane;
THENCE South 82 deg. 09 min. 16 sec. West with the North. terminus of Oliva Lane, a distance of 50.00 ft, to a ''/z"
iron rod (set) for corner at the Northwest terminus of same, in a curve to the right;
THENCE with the West right of way of Olivia Lane, with a curve to the right having a radius of 270.00 it., a chord
of South 05 deg. 06 min. 28 sec. East - 25.68 ft., a distance of 25.69 ft. to a'/2" iron rod (set) for the Northeast corner
of Block C;
THENCE with the Northeast line of Block C, North 80 deg. 57 nun. 30 sec. West a distance of 121.87 ft.
iron rod (set) for and angle corner and North 21 deg. 42 min. 05 sec. West a distance of 139.82 ft. to a ''/2" iron rod
(set) for the North corner of Block C, in the Southeast right of way of Bridle Path, in a curve to the right;
THENCE northeasterly with the Southeast right of way of Bridle Path, with a curve to the right having a radius of
250.00 ft., a chord of North 64 deg. 43 min. 00 sec. East - 31.30 ft., a distance of 31.32 ft. to a'/2" iron rod (set) for
corner at the p.t, of same;
THENCE Narth 68 deg. 18 min. 20 sec. East with the Southeast right of way of Bridle Path, a distance of 125.76 ft.
to a ''/z" iron rod (set) for corner at the Southeast terminus of same;
THENCE North 21 deg. 41 min. 40 sec. West with the Northeast terminus of Bridal Path, a distance of 50.00 ft. to a
/z" iron rod (set) for the North corner of same;
THENCE South 68 deg. 18 min. 20 sec. West with the Northwest right of way of Bridal Path, a distance of 125.76
ftI to a ''/2" iron rod (set) for corner at the p.c. of a curve to the left;
THENCE southwesterly with the Northwest right of way of Bridal Path, with a curve to the left having a radius of
300.00 ft., a chord of South 65 deg. 19 min. 04 sec. West - 31.29 ft., a distance of 31.30 ft. to a'/z" iron rod (found)
for corner, the Southeast corner of Block F of Sanger Circle, Phase 6B;
THENCE North 21 deg. 42 min. OS sec. West with the East line of Block F, a distance of 639.54 ft. to a " iron rod
(found) for the Northeast corner of same, in the South right of way of Imperial Drive;
THENCE South 88 deg. 57 min. 33 sec. East with the South right of way of Imperial Lane, a distance of 26.01 ft. to
iron rod (set) for coiner at the Southeast terminus of same;
THENCE northerly with the East right of way of hnperial Drive as follows:
North O1 deg. 02 min. 27 sec. East with a distance of 50.00 ft. to a ''/z" iron rod (set) for comer,
North 88 deg. 57 min. 33 sec. West a distance of 8.93 ft. to a''/2' iron rod (set) for corner,
North 43 deg. 57 min. 33 sec. West a distance of 21.21 ft. to a ''/2" iron rod (set) for corner,
and North 01 deg. 02 min. 27 sec. East a distance of 105.00 ft. to the place of beginning, containing 14.908 acres or
649,410 square feet of land.
SANGER CIRCLE PH 7
PD SUMMARY
Purpose Statement - To rezone approximately 14.908 acres from PD-TH to PD-R1 for the
property described by metes and bounds on Exhibit "A" (the "Pro er ") of this PD
Ordinance. Development and use of the Property shall comply with the Sanger Zoning
Ordinance as it existed on the date of its adoption on 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.
PROPOSED USES
Single Family (14.908 Acres)
14.908 acres are proposed as single family detached uses. The gross density is 4.3 units/acre.
COMMUNITY FEATURES
A mandatory homeowners association shall be established to own and maintain the private open
spaces, common areas, greenbelts and all private landscape improvements. Private trails and
sidewalks shall be constructed within a pedestrian access easement and owned and maintained
by the HOA.
RESIDENTIAL LAND USES
I. Lot Sizes, Setbacks, etc. for Single Family Detached. Except as otherwise provided
below, detached single family residences shall comply with Section 53, "R-1"
RESIDENTIAL DISTRICT -1 of the Zoning Ordinance, subject to the following changes:
A. Minimum Lot Width, Depth, and Size.
The Manor Lots (50' X 120'):
The minimum lot width shall be 50 feet. The minimum lot depth shall be 120 feet. The
minimum lot size shall be 6,000 square feet.
B. Minimum House Size.
The minimum air-conditioned area within each residence shall be 1,850 square feet. Over the
entire development, the lots shall average over 2,000 square feet in house size. The developer
shall place a limit of 15% of the total lot count to be below 2,000 square feet.
C. Maximum Height.
The maximum building height shall be 2 stories or 35 feet.
D. Front Yard Setback.
The minimum front yard building setback shall be twenty-five feet (25'). Front porches and
architectural features such as stoops, overhangs, courtyard walls, masonry chimneys and
bay windows may extend into the front yard a maximum of five feet (5').
E. Side Yard Setback.
The minimum side yard building setback shall be five feet (5') on each side. A side yard
adjacent to a street on a corner lot shall always have a minimum ten -foot (10') side yard
building setback.
F. Rear Yard Setback.
The minimum rear yard building setback shall be twenty feet (20') from the rear facade of
the residence (excluding porches and projecting architectural features) to the rear lot line.
Porches and architectural features such as stoops, overhangs, courtyard walls, masonry
chimneys and bay windows may extend into the rear yard a maximum of five feet (5').
G. Maximum Lot Coverage.
The maximum lot coverage will be 65%far• any residential lot.
H. Garages.
An enclosed parking area of at least four hundred square feet shall be provided for a garage
(this does not count towards the minimum house size). The face of a garage door must be
located at least 20 feet from the street right-of-way line that the garage door faces. The
garage door does not have to be behind the street facing facade of the house. Split garage
doors with a separate door for each vehicle bay are not required.
I. Design Elements
All residential dwellings will meet the City of Sanger Exterior Facade Design Criteria
Manual as adopted on October 7, 2019.
II. General Conditions.
A. For the purposes of determining compliance with the lot width requirements, lot widths
shall be measured at the rear of the required front yard setback as shown on the Final Plats.
2
B. Sidewalks may be located outside of the public right -of --way if located within an adjacent
open space lot with a pedestrian access easement to provide for meandering sidewalks and
trails that may be located within adjacent common area lots or to preserve existing trees
along perimeter roads.
III. Residential Single Family Detached Landscape Requirements. Except as otherwise
provided below, landscape requirements shall comply with Section 48, Landscape Regulations
Athe Zoning Ordinance, subject to the following changes:
The following requirements apply to single family residential development:
A. Each single-family residence shall have an irrigation system in the front yard and street
corner side yard with a freeze sensor regulator shut off.
B. Each Home lot shall have a minimum of two shade trees that are at least three inches in
caliper planted. The trees shall be planted in the front and rear yard. If the lot fronts or sides
onto a common area lot, the front yard requirement may be satisfied with the trees located
in the adjacent greenspace. No other front yard or side yard tree planting requirement shall
apply.
C. All required trees shall be selected from a tree list approved during the Preliminary Plat
stage.
D. Each Home lot shall have a minimum of twelve (12) shrubs placed in the front yard.
Individual shrubs shall be a minimum of three (3) gallons in size when planted.
IV. Open Space (1.437 Acres)
A. Common areas shall include small open spaces as shown on the Concept Plan. Small Open
Spaces shall be connected with sidewalks to be a comprehensive pedestrian system.
Common areas will abut a public street right -of --way in at least one location with a sidewalk
connection.
B. All interior residential street rights -of --way shall be improved with sidewalks that are a
minimum of four feet in width and (1) constructed by the homebuilders at the time of
adjacent house construction; or (2) constructed by the developer for all non -buildable lots.
All sidewalks along Collector and Arterial Road frontages are to be five feet in width.
3
V. Fencing Requirements
A. Floodplain, parks, open spaces, right -of- way shall be exempt from the screening
requirements in this Section; however, tubular steel fencing may be installed in these areas
at the developer's option.
B. Homebuilder side yard and back yard fencing on residential lots shall be a maximum of six
feet in height and shall be setback a minimum of five feet from the front building line shown
on the Concept Plan.
C. Fencing on all residential lots abutting an open space lot or greenbelt shall be restricted to
tubular steel painted black. No solid fencing other than a brick and/or stone masonry
courtyard wall under 42 inches shall be permitted abutting an open space lot or greenbelt;
however, landscape borders, included trimmed hedges, are permitted.
VL Street Typology
A. Standard curbs will be required adjacent to streets abutting all residential lot types unless
otherwise approved by the City's engineering department.
B. Streets fronting open space lots must have standard curbs adjacent to the common area Iot.
Streets adjacent to common area lots may provide for on -street parking. In addition, the
street faces adjacent to open spaces near the flood plain will have a maintenance access
location.
C. Developer shall work with City to determine the location and member of stop signs within
the subdivision and speed limits to facilitate traffic calming and maximum the benefit from
the pedestrian system.
VII. Home Variety
A. Detached home designs with the same or similar facade, materials, or colors should be
separated by a minimum of three lots on the same side of the street and should not be
located directly across or diagonally across the street from each other.
B. If a detached home plan is repeated on an adjacent lot, it should be elevated with a different
architectural style or two of the following three elevation changes -brick color, roof color,
or flipped plan.
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ORD 09-24-23 & ORD 09-25-23 - Page 1 of 2
[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
3555 Duchess Drive
(940) 387-7755
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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
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following dates:
PUBLICATION DATES:
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Notice ID: eO0dgi76IEfE2UQl5zYJ
Notice Name: ORD 09-24-23 & ORD 09-25-23
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I declare under penalty of perjury that the foregoing is true and correct.
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______________________________ [$seal]
Agent
VERIFICATION
State of Florida
County of Orange
Signed or attested before me on this: 09/19/2023
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ORD 09-24-23 & ORD 09-25-23 - Page 2 of 2