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03-05-03-Ordinance-Rezoning property from Single Family 3 to Planned Development-03/03/2003F Robert Dillard - ord03O5.03.doc Page 1 ORDINANCE #03-05-03 AN ORDINANCE PROVIDING FOR THE AMENDMENT TO THE CENTRAL ZONING MAP OF THE CITY OF SANGER, TEXAS, AND PROVIDING FOR A ZONING CHANGE AND A ZONING CLASSIFICATION FROM SF3 TO A PLANNED DEVELOPMENT OR "PD" ZONING CLASSIFICATION SPECIFICALLY DESCRIBED HEREIN; AND PROVIDING FOR IMMEDIATE EFFECT. WHEREAS, a Request for Change in Zoning Classification was duly filed with the City of Sanger, Texas, concerning the hereinafter described property; WHEREAS, due notice of hearing 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 a public hearing for the purpose of assessing a zoning classification change on the hereinafter described property located in the City of Sanger, Texas; and WHEREAS, an additional opportunity for all interested persons to be heard was provided by the City Council of the City of Sanger, Texas, at an open meeting, with proper notice posted; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That the legal description of the property zoned herein is generally described as follows: 10.40 ACRE TRACT 1. FIELD NOTES to all that certain parcel, lot, or tract of land situated in the H. Tierwester Survey, Abstract No. 1241, in the City of Sanger, Denton County, Texas, and being a part of a called 10.00 acre tract of land described in the deed from E.P. Le Beau, Jr. and wife Maurine Le Beau conveyed unto Sohnie C. Hill and wife, Robly K. Hill as recorded in Volume 575, Page 698, Deed Records, Denton County, Texas, and a part of a called 4.8 acre tract of land described in the deed to Sohnie C. Hill and wife, Robly K. Hill as recorded in Volume 575, Page 700, Deed Records, Denton County, Texas; the subject property being more particularly described as follows: BEGINNING for the Northwest corner of the herein described tract at an "x" scribed in concrete in Keaton Road, for the Northwest corner of said 10.00 acre tract; THENCE South 89 Degrees 06 Minutes 00 Seconds East with the North line thereof along and near a fence a distance of 983.60 feet to a capped iron rod set for the Northeast corner of the herein described tract; THENCE South 00 Degrees 40 Minutes 00 Seconds West with a line parallel with the West line of said two tracts a distance of 460.93 feet to a capped iron rod set in the South line of said 4.8 acres; THENCE North 89 Degrees 03 Minutes 35 Seconds West with the South line thereof along Robert Dillard - ord0305.03.doc Page 2 and near a fence a distance of 983.60 feet to an "x" scribed in concrete in said Road for the Southwest corner of said 4.8 acre tract; THENCE North 00 Degrees 40 Minutes 00 Seconds East with the West line of said two tract in said Road a distance of 460.24 feet to the PLACE OF BEGINNING and enclosing 10.40 acres of land. Section 2. The zoning classification on the hereinabove described property is hereby changed to "PD", Planned Development Zoning and is restricted to the attached development plan described as "Exhibit A" Section 3. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. 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 Section 1.109 of this 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. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this V day of March, 2003. a Mayor EST: \ 1 i91119lfB6P9fg, p f f 4i ( n /i /v p City Secretary `gyp ' p tl ti P ROVED AS TO I ®®dtltl o9pJp Robert Dillard - ord0305.03.doc Page 3 City Attorney A Planned Development in Sanger, Texas Owner: Greater Dallas Anesthesia and Pain Management President: Dr. Tasneem Agha Project Manager: Dr. Maisam Turabi By: Allen R. Bussell Surveyors & Engineers of North Texas 1621 Amanda Ct. Ponder, Texas 76259 (940) 482-2906 I.Robert Dillard - ord0305.03.doc Page 4 LOCATION: The area to be rezoned is approximately 10.4-acres, part of a 14.7-acre tract located along Interstate 35 next to the southbound service road. 600 feet to the south lies Duck Creek Road. The west boundary of the property lies on Keaton Road where Laney Drive dead -ends near the southwest corner of the tract and Brooke Lane dead -ends near the middle of the west line. West Holt Road is located approximately300 feet north of the subject property. CURRENT ZONING: The 14.7-acre tract currently contains two zoning classifications: 1. B-2, allowing commercial uses — this is located along Interstate 35 and extends about 400 feet west. a. This 4.3-acre area is not being rezoned. 2. SF-3, a single-family residential classification. a. This is the 10.4-acre tract to be rezoned to Planned Development. CURRENT USE: A single-family house is located on the property. Located near the middle of the property the house would likely be used as a temporary office during construction. During phase two, the house will probably be removed allowing new structures to be built in its place. ALLOWABLE USES AND SIZES: Area A - North portion of request. 1. Retail and Service Type Uses Robert Dillard - ord0305.03.doc _ Page 5 a. Offices, General Business or Professional — not to exceed 10,000 sq, ft. b. Offices, Medical or Dental — not to exceed 10,000 sq. ft. c. Veterinarian Office (no Hospital, no outside animal pens) — not to exceed 10,000 sq. ft. 2. Recreation and Entertainment Uses a. Park or Playground 3. Educational, Institutional and Special Uses - not to exceed 10,000 sq. ft. a. Ail Gallery or museum b. Church or rectory c. College or University d. Religious, Charitable or Philanthropic Institution e. Kindergarten or Nursery School f. School, Business 4. Utility and Service Uses a. Fire, Police, or Municipal building 5. In no way shall F.A.R. exceed 0.3 to 1.0 in Area A Area B — South of portion of request. 1. Hotel, Motel, or Restaurant use may not be located less than 800 feet from the existing west property line 2. Assisted Living - remainder of area (80 units maximum) INFRASTRUCTURE Water Eight inch (8") water mains are currently located on both the east and west boundaries of the property. A line would need to be built connecting these lines, creating a looped system that will insure quality water pressure both on -site and off -site. Robert Dillard - ord0305.03.0oc Page 6 For buildings over two stories, pressure booster pumps may need to be installed to supply the needed water pressure for sprinkler systems. Sanitary Sewer An 8" sewer main lies on the east along the Interstate service road. This line appears to be adequate to supply service for the first phase of the project, in both capacity and depth. Phase two of the project is located on the west side of the site, and though a sewer line is located near this location and downstream, the line may be blocked by utilities located in the Keaton Road right of way. Off -site improvements and/or extensions may be necessary to provide service to phase two. Engineering specifics will be addressed at time of platting when more information is available. Drainage The property is separated by a drainage divide located near the middle of the site. The low points of the property are located on the south, at both the east and west corners. Per City ordinance, downstream improvements and/or detention will likely be required at both corners to maintain the drainage off -site to pre -development levels. Traffic and Roads The area is currently served by the Interstate 35 service road on the east and by Keaton Road on the west. Interstate 35 service road: One-way southbound Keaton Road: Though acting as a local Collector road, private driveways currently access directly off the street. (Per Council Action on January 20, 2003 motion was made to accept the plan with a street all the way through to Keaton Road from IH-35, at 36 feet wide, with a 50 foot R.O.W., and with "no parking" signs on the street and to include sidewalks.) It's important to note that although the number of units proposed on this site is more than what would be allowed under it's current zoning classification — the use of assisted living generates extremely low traffic counts and therefore traffic intensity with the allowed uses in Area A would be about what would be anticipated for a single-family development. Also of note, traffic for the office and neighborhood services would likely occur during non -peak daytime hours Robert Dillard - ord0305.03.doc Page 7 Surrounding Uses and Buffering Adjoining properties zoned for Single-family residential use shall be buffered as follows: A. Height of fences shall be measured as described in the City zoning ordinance. 1. North: A 6' cedar fence with metal poles and a minimum 10' landscape buffer shall be placed to screen the office buildings and parking from the existing homes. Open Space under and near the 60' Brazos Electric Power Company easement does not require screening as no buildings would be allowed in this area. A. Landscaping required for screening: 1 - Canopy tree 50' on -center 2 - Ornamental trees for every canopy tree *Trees planted for screening shall be placed a minimum of 3 feet from the proposed fence and shall not exceed 15 feet from the fence. 2. West: The homes along the west side of Keaton Road, are siding to the site, not fronting or backing. Adequate screening can be achieved by increasing the distance from the west property line for the construction of buildings. No building shall be constructed closer than 100' from the existing west property line. (The west property line currently lies near the centerline of the Keaton road pavement.) 3. South: There are currently two homes adjacent to the subject property. The home located near the southwest corner of the tract should be adequately screened from the proposed 2-story assisted living structures by the 100' foot buffer mentioned above and by placing the proposed structures a minimum of 70 feet from the south property line. In addition, a 6' cedar fence on metal poles with landscaping shall be built from the 60' Brazos Electric Power Company easement to the iron rod found at the northeast corner of the south west adjacent lot. A. Landscaping required for screening: Robert Dillard - ordO305.03.doc Page 8 1 - Canopy tree 50' on -center 2 - Ornamental trees for every canopy tree *Trees planted for screening shall be placed a minimum of 3 feet from the proposed fence and shall not exceed 15 feet from the fence. Landscaping and Sidewalks Public Four -foot (4') sidewalks shall be constructed along Keaton and Brooke rights of way. Street trees shall: 1. be placed along the street, Private Street, or drive that acts as the main access from the Interstate 35 service road to the buisinesses and assisted living structures 2. Be located within this property, between the back of the curb and the sidewalk, and within the median of any boulevard section of this drive. *This arrangement helps to isolate pedestrians from vehicular traffic, creating a safer environment for those accessing services by walking. 3. be native, large canopy, broadleaf species for trees planted in parkway 4. if planted within a median be an ornamental type 5. when planted, be 2" DBH minimum for large trees, 5 gallon for ornamental trees. 6. be of the same type to provide uniformity along the right of way (not including ornamental trees within medians) 7. not be placed within 10' of the Brazos Electric Easement. 8, be planted at an interval of 1-tree every 30' on -center (excepting spacing requirements below). Robert Dillard - ord0305.03.doc Page 9; 9. be placed a minimum of 3' from the nearest pavement Street trees shall not be placed within: 1. 20 feet of any curb return to allow unhindered line of site for vehicles and pedestrians. 2. 10 feet either side of a Fire Hydrant 3. 15 feet either side of a Light pole Private A minimum of 20% of the property shall be landscaped. Areas shall include: 1. Landscaped areas not covered by asphalt, concrete or public sidewalks 2. Landscaped areas in rights of way parkway adjacent to the lot 3. Private sidewalks and walkways 4. Courtyard, patio, and gazebo areas. 5. Retention and Detention ponds Parking lots shall include one landscape island spaced every 12 parking spaces. Landscape islands shall be a minimum of 6 feet wide and 18 feet deep from back of curb to back of curb. Large broadleaf trees shall be placed in every 2 of 3 Landscape islands. Trees shall be 2" DBH minimum when planted. Spaces adjacent to and abutting landscape buffers are not required to have landscape islands, as trees planted for buffering would also serve to shade and break-up the parking in the areas. To maintain safe line of site, landscape islands and areas adjacent to curb returns for fire lanes or access drives shall not contain shrubs or ground cover that would grow over 2 feet in height. Unless Xeriscaped, all landscaped areas shall be irrigated with an automatic irrigation system. Robert Dillard - ord03O5.03.doc Page 10,' Signage Four monument type signs are allowed. Signs shall not exceed 60 square feet in actual sign area — not including columns or masonry trim. Signs shall conform in both style and materials to the architecture of the uses for which they are being built. Signs are allowed only along the extension of Brooke Lane, and are not allowed along Keaton Rd. Signs are allowed only outside of the Brazos Electric Easement. Signs may be lighted either internally or with landscape lights that conform to the lighting requirements in this Planned Development. Building Locations Front building line: 10 feet Rear Yard setback: 30 feet and 10 feet for every building story over two stories. (The north and south property lines are to be considered rear yards on this property) Side Yard setback: 10 feet Buildings in Area A and the assisted living sites in Area B shall be built with parking located in the rear or to the side. The hotel/motel/restaurant site in Area B may have parking in the front, between the building and the proposed street. This allows maximum setback from the north and south property lines further helping to buffer the existing adjacent homes from non-residential uses and assisted living structures. Building Appearance Trash and Dumpster Pads shall be screened with 6' fences. Mechanical equipment shall be screened from the public road. Accessory buildings are allowed per City zoning ordinance. Accessory buildings must match in materials the buildings that they are serving. Area A Shall have a residential appearance conforming in style and materials to the homes adjacent to the property on the north Robert Dillard - ord03O5.03.doc Page 11 Maximum Height: 1 story Maximum FAR: 0.3:1 Roof: hip or gabled with slopes consistent with homes adjacent to north property line Material: 100% masonry exterior, not including doors, windows, trim, and gabled areas Area B 1. Assisted Living a. Maximum Height: 2 stories b. Material: 100% masonry exterior, not including doors, windows, trim, and gabled area C. Maximum FAR: 0.5:1 d. Roof: hip or gabled with slopes consistent with homes adjacent to north property line. e. Shall include at least one of the following: i. Courtyard ii. 8' deep porch iii. Plaza 2. Hotel/Motel/Restaurant a. Shall be in conformance with current zoning requirements in B-2 classification Parking & Lighting: Lighting shall be designed and located so as not to shine into adjoining properties, nor into the night sky. Landscaping and/or fencing shall be Robert Dillard - ord0305.03.doc Page 12 positioned to block vehicle headlights from shining into adjacent properties on north and south. Ratio: Area A 1. Per requirements in City ordinance. 2. Shared parking is allowed between uses if total spaces equal or exceed the number required by the City Zoning ordinance and are located within 300 feet of the subject building(s). Ratio: Area B 1. Assisted living: 0.5 spaces per unit 2. Hotel/Motel or Restaurant: per parking requirements in the City Ordinance for these uses Variances Required (compare to Zoning Classification 13-2): 1. Front Building Line: Code is 20 feet, requesting 10 feet to enable larger rear setbacks 2. Special Side or Rear Yard Requirement: a. A 20 foot setback and 6' wood fence is required for non- residential uses located adjacent to a zoning classification for residential. i. Because of the 100' building setback, which includes the 60' Brazos Electric Easement, and the fact that the existing homes along Keaton are sided and not fronting or backing to Keaton, the use of a 6' wood fence becomes unnecessary. The fence would block the view of open space from the neighbors living across Keaton Road, the senior citizens living in the assisted living homes, and from the business people working in the offices.