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07-01-24-Ordinance-Amending Ord 09-25-23 Planned Development Sanger Circle Phase 7-07/01/2024 CITY OF SANGER,TEXAS ORDINANCE 07-01-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY,TEXAS,AMENDING THE ZONING MAP BY AMENDING(PD 09-25-23)THE PLANNED DEVELOPMENT DISTRICT CREATED BY ORDINANCE 09-25-23 TO AMEND CERTAIN DEVELOPMENT REQUIREMENTS WITH THE PLANNED DEVELOPMENT, 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 1109 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 June 10, 2024, duly covered and conducted a 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 Planned Development(PD 07-01-24) created by Ordinance 07-01- 24 is hereby amended as follows, 1 That certain development provisions are hereby amended as described in Exhibit B SECTION 2 Except as specifically amended hereby,all provisions of PD 09-25-23 shall remain in full force and effect Ordinance—07-01-24—Sanger Circle Phase 7 PD—Zoning Change Page 1 of 2 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 1st day of July, 2024. APPROVED: ATTEST: homas E. Muir,Mayor APPROVED TO FORM: Kell Edw s, City Secretary ugh Coleman, City Attorney G . - • )( // ? XAS \\\\�� ,//)1110 Ordinance—07-01-24—Sanger Circle Phase 7 PD—Zoning Change Page 2 of 2 EXHIBIT B SANGER CIRCLE PH 7 PD SUMMARY Purpose Statement-To rezone approximately 14 908 acres from PD 09-25-23 to an Amended PD for the property described by metes and bounds on Exhibit"A" (the"Property") 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 1,650 square feet The Manor Lots shall place a limit of 20% of the total lot count to be below 2,000 square feet No more than 10% shall be between 1,650 square feet to 1,800 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%for 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 façade 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 Extenor Façade Design Criteria Manual as adopted on October 7, 2019, except as noted below 1 3 Garages shall be a minimum of 400 square feet Any garage facing a public street may not extend more than 15 feet beyond the house front or front porch, whichever is closer On non-typical lots where site constraints are present, a variance to the maximum 15 feet 2 garage extension beyond house front may be approved by the Director of Development Services or through an alternative façade permit application by the City Council 1 4 All walls, except gabled roof areas, which are on the front façade and face a street other than an alley must contain at least 25%of the wall space in windows and doors The garage door shall count as a"door"towards the 25%requirement In lieu of side yard walls on corner lots requiring windows and doors comprising of 25% of the wall space, a corner lot shall comply with the following 1 A side yard wall on a corner lot facing a street shall consist of at least 2 windows or doors totaling 25 square feet in aggregate area 2 On corner lots, side yard fencing facing residential streets and the adjacent gate return, shall be a stained 6-foot-tall cedar board-on-board fence with a decorative top cap and metal posts Posts and hardware shall be on the internal side of the fence and not viewed from the public ROW 3 On corner lots, fencing facing a collector or arterial street shall be a 6-foot masonry wall with columns 4 On corner lots,front fencmg or gates that face a primary street shall be set back from the front façade a minimum of 10 feet but no more than 15 feet 5 If a window of any size is not installed on the side of a house on a corner lot between the front build line and side yard fence return, shrubs of a minimum of 3 gallons in size shall be planted between front build line and fence return at a spacing of 4 feet on center In addition, one 3-inch caliper eastern red cedar(Jumperus virgmiana), or other evergreen tree species approved by the Director of Development Services, shall be planted at the longitudinal midpoint between the front build line and fence return 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 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 3 III Residential Single Family Detached Landscape Requirements Except as otherwise provided below, landscape requirements shall comply with Section 48, Landscape Regulations of the 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 mmimum 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 V Fencing Requirements A Floodplam, parks, open spaces, right-of- way shall be exempt from the screenmg 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 4 C Fencmg on all residential lots abutting an open space lot or greenbelt shall be restricted to tubular steel pamted 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 VI Street Typology A Standard curbs will be required adjacent to streets abutting all residential lot types unless otherwise approved by the City's engmeenng department B Streets fronting open space lots must have standard curbs adjacent to the common area lot 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 number of stop signs within the subdivision and speed limits to facilitate traffic calming and maximum the benefit from the pedestrian system VII Utilities and Equipment A Electrical and gas utility meters and AC condensers should be unobtrusively located beyond the front or side street facade zone and screened from view from adjacent streets or common open spaces with landscaping or appropriate fencing B Transformers on individual lots should be screened to minimize visual impact C Satellite dishes and solar panels should be located in less conspicuous locations and out of view from adjacent streets or common open spaces when possible D Antennas should be located inside the building when possible E Solar panels, when visible from the front, should be flush with the roof F All public utility easements (PUE) shall be a minimum of 15 feet m width All franchise utility easements (FUE) shall be a minimum of 10 feet in width VIII 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 5 EXHIBIT A STATE OF TEXAS COUNTY OF DENTON All that certain lot,tract,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'A"iron rod(set)for the Northeast terminus 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 2021-00195695, 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 pact 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 mm 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'arc fence corner(found)for corner, South 32 deg 44 mm 55 sec East a distance of 131 51 ft to a 15"twin bois d'arc tree for corner, South 52 deg 50 mm 26 sec East a distance of 158 27 ft to a 12"triple bois d'arc 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 01 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 sec West with the North line of the 0 152 acre right of way,at 39 97 ft pass a ''A"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'A"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'/2"iron rod(found)for corner at the p t of same, THENCE North 80 deg 58 mm 56 sec West with the North line of Block B,a distance of 96 57 ft to a'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'A"iron rod(set)for corner,the Northeast terminus of Olivia Lane, THENCE South 82 deg 09 mm 16 sec West with the North terminus of Oliva Lane,a distance of 50 00 ft to a'A" 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 ft,a chord of South 05 deg 06 min 28 sec East-25 68 ft,a distance of 25 69 ft to a''A"iron rod(set)for the Northeast corner of Block C, THENCE with the Northeast line of Block C,North 80 deg 57 mm 30 sec West a distance of 121 87 ft to a'A" iron rod(set)for and angle corner and North 21 deg 42 mm 05 sec West a distance of 139 82 ft to a'A"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'A"iron rod(set)for corner at the p t of same, THENCE North 68 deg 18 min 20 sec East with the Southeast right of way of Bridle Path,a distance of 125 76 ft to a'A"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 'A"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 ft to a'A"iron rod(set)for cornei 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 nun 04 sec West-31 29 ft,a distance of 31 30 ft to a'''A"iron rod(found) for corner,the Southeast corner of Block F of Sanger Circle,Phase 6B, THENCE North 21 deg 42 mm 05 sec West with the East line of Block F,a distance of 639 54 ft to a'''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 a'A"iron rod(set)for corner at the Southeast termmus of same, THENCE northerly with the East right of way of Imperial Drive as follows North 01 deg 02 min 27 sec East with a distance of 50 00 ft to a IA"iron rod(set)for corner, North 88 deg 57 min 33 sec West a distance of 8 93 ft to a'A"iron rod(set)for corner, North 43 deg 57 min 33 sec West a distance of 21 21 ft to a'`'A"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 ORD 07-01-24 - Page 1 of 1 [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, Laquansay Nickson Watkins, 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: Jul. 27, 2024 Jul. 30, 2024 Notice ID: yaMpm7R4U2NHXP72yqTB Notice Name: ORD 07-01-24 PUBLICATION FEE: $94.32 I declare under penalty of perjury that the foregoing is true and correct. [$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 Notarized remotely online using communication technology via Proof. 07/30/2024