07-21-04-Ordinance-Rezoning property to Planned Development in the H Tierwester Survey-07/19/2004ORDINANCE #07-21-04
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 CHANGE TO THE CURRENT 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 and
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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 19TH day of July, 2004.
Mayor
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City Secretary
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PROVED AS TO O s
TEXAS
City Attorney ntn1=1110
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"EXHIBIT A"
Owner: Greater Dallas Anesthesia and Pain Management
President: Dr. Tasneem Agha
Project Manager: Mr. Ali Abbas
f
A Planned Development in Sanger, Texas
By: Allen R. Bussell
Greg Edwards Engineering Services, Inc.
1621 Amanda Ct.
Ponder, Texas 76259
(940) 482-2907
www.gees.us
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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 lay 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 approximately 300 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. PD, a mixed -use commercial and assisted living 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. The home is currently vacant. During development,
the house will be removed allowing new structures to be built in its place.
ALLOWABLE USES AND SIZES:
Area A - North portion of request
1. Single Family
a. Minimum lot area: 7,000 sq. ft.
b. Lot dimensions:
A. Width: 65' minimum measured at front building line
B. Depth: 100' minimum
c. Building lines
A. Front: 25 feet
B. Rear: 25 feet
C. Side: 8 feet
D. Side when adjacent to Right of Way: 20 feet
d. Dwelling Size: Minimum 2,000 sq. ft.
2. Utility and Service Uses
a. Fire, Police, or Municipal building
3. Parking for adjacent B-2
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a. Per B-2
Area B — South portion of request
1. Hotel, Motel, Restaurant uses may not be located less than 800 feet from the existing west property
line
a. Sizes and setbacks per B-2 zoning adjacent.
2. Assisted Living - remainder of area (80 units maximum)
a. Building lines
i. Front: 15 feet
ii. Rear: 30 feet
iii. Side: 10 feet
3. Single Family
a. Same standards as 'Area A'
INFRASTRUCTURE
Water
Eight inch (8") water mains are currently located on both the east and west boundaries of the property. A line
would be built to connect these lines, creating a looped system that will insure quality water pressure both on -
site and off -site.
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 to the east along the Interstate service road. This line appears adequate to supply
service for the East side of the project, in both capacity and depth.
Though a sewer line is located near the west side of the site, the sewer 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 the western side of the site.
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 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
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Keaton Road: Though acting as a local Collector road, private driveways currently access directly off
the street. No private drive connections to this property are proposed along Keaton Road.
Road Standards
1. No parking shall be allowed along the standard section of the main spine road connecting 1-35 service
road to Keaton Rd. Parking shall be allowed in parking bays only along this road. No parking signs
shall be installed at time of construction of main spine road.
2. No Single Family detached private driveways shall directly access the proposed main spine road.
Surrounding Uses and Buffering
Buffering between Commercial, Assisted living and adjacent properties zoned for Single-family residential use
shall be as follows:
A. Per City of Sanger Ordinance.
1. 8' cedar fence on steel posts shall be placed between commercial uses and Single family residential
uses.
2. 6' cedar fence on steel posts shall be placed between assisted living and adjacent single family
residential and commercial uses.
3. Landscaping shall also be installed with the fencing:
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
Sidewalks:
Per subdivision ordinance. (4' sidewalks along all public roads adjacent to residential, 5' wide when
adjacent to commercial)
Street trees shall:
4. be placed along the spine street that acts as the main access from the Interstate 35 Service Road
to Keaton Road
5. be located between the back of 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.
6. be native, large canopy, broadleaf species for trees planted in parkway
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7. if planted within a median, be a native ornamental type
8. when planted, be 2" DBH minimum for large trees or 5 gallon for ornamental trees.
9. be of the same type to provide uniformity along the drive (not including ornamental trees within
medians)
10. be planted at an interval of 1-tree every 30' on -center (excepting spacing requirements below).
11. be placed a minimum of 3' O.C. from the nearest pavementStreet trees shall not be placed within:
1. 10 feet of the Brazos Electric Easement.
2. 20 feet of any curb return to allow unhindered line of site for vehicles and pedestrians.
3. 10 feet either side of a Fire Hydrant
4. 15 feet either side of a Light pole
Private Commercial or Assisted Living
A minimum of 20% of the property shall be landscaped. Areas used to calculate the required landscaping
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 these 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 automatic irrigation systems.
Si na e
Four monument type signs are allowed. Signs shall not exceed 60 square feet each 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 not allowed along Keaton Drive. Signs are allowed only outside of the Brazos Electric Easement.
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Signs maybe lighted either internally or with landscape lights that conform to the lighting requirements in this
Planned Development.
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
Single Family:
■ Single-family detached home roofs shall be a minimum roof pitch of 6:12. Porches, bay
window areas, patio and/or other small areas of the home may vary from the minimum
pitch provided the main structure maintains the minimum 6:12.
■ Material: 100% masonry exterior, not including doors, windows, trim, and gabled areas
■ Single-family detached area shall provide a minimum of 10 different elevations for
homes. Adjacent homes shall not have same elevations
■ Single-family detached homes shall contain a minimum of a two -car garage.
Area B
Assisted Living:
• Maximum Height: 2 stories
• Material: 100% masonry exterior, not including doors, windows, trim, and gabled areas
• Maximum FAR: 0.5:1
• Roof: hip or gabled with slopes consistent with homes adjacent to north property line.
• Assisted living use shall contain a garden/landscaped recreation area sufficient in size
for the number of residents (80 square feet per unit minimum).
Single Family:
■ Same standards as "Area A" for Single Family above.
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 positioned to block vehicle headlights from shining into adjacent
properties on north and south.
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Ratio: Area A
Per requirements in City ordinance.
Ratio: Area B
Assisted living: 0.5 spaces per unit
2. Hotel/Motel or Restaurant: per parking requirements in the City Ordinance for these uses
Variances Required (Commercial - compare to Zoning Classification B-2):
1. None
Variances Required (Single Family - compare to SF-7)
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