Loading...
11-20-24-Ordinance-Amending PD 12-32-22 Planned Development Belz Road-11/04/2024 CITY OF SANGER, TEXAS ORDINANCE 11-20-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY,TEXAS,AMENDING THE ZONING MAP BY AMENDING(PD 12-32-22)THE PLANNED DEVELOPMENT DISTRICT CREATED BY ORDINANCE 12-32-22 TO AMEND THE LANGUAGE FOR SIDE YARD WINDOWS ADJACENT A STREET, 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 Planning and Zoning Commission on October 28, 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 12-32-22) created by Ordinance 12-32- 22 is hereby amended as follows, 1 The requirements for side yard windows adjacent a street further described m Exhibit A 2 A carnage-styled door with decorative hardware be allowed for 4 points for the 15 point requirement SECTION 2 Except as specifically amended hereby,all provisions of PD 12-32-22 shall remain in full force and effect 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 Ordmance — 11-20-24—Belz Road Retail Addition PD—Zoning Change Page 1 of 2 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 4th day of November,2024. APPROVED: ATTEST: Thomas E.Muir,Mayor �� APPROVED TO FORM: Kell Edw ds,City Secretary 001111/0 ° SANc�': •c\-` H h o eman, Ci Atto ey : -.4•APP"'" , . TEXP�' \\\\: I/Ir11111�� Ordinance —11-20-24—Belz Road Retail Addition PD—Zoning Change Page 2 of 2 Exhibit A City of Sanger 11-20-24 SECTION 1—PLANNED DEVELOPMENT SUMMARY AND PURPOSE Use of the Property shall comply with the general use areas shown as Residential, Non-Residential, and Park/Open Space on the Master Site Plan attached as Exhibit A,as it may be amended in accordance with this section, and with the use chart for each general use area as set forth in Exhibit B The developer may change the boundaries and area of any use area by up to a cumulative amount of ten percent of the land area for each land use area Any change to the Master Site Plan must be submitted to the Director of Development Services to ensure it is in compliance with this section, and the amended Master Site Plan will become a part of the permanent file maintained by the Director of Development Services for this Planned Development (PD) Any land use changes exceeding the ten percent of the land area for each land use area or changes that deviate from the planned development design standards or City of Sanger Code of Ordinances will need to be presented before Planning and Zoning and City Council for approval Areas shown on the Master Site Plan as Residential are considered to be residential zoning areas,all other parts of the Property are considered to be nonresidential zoning areas Any item not addressed in this PD will conform to the City of Sanger Code of Ordinances SECTION 2—DEFINITIONS A Definitions Terms used within this PD, including its exhibits,shall be defined as stated below If a term is not listed below,the definition in the Zoning Ordinance shall apply 1 Active Park—means a park intended to support activities and equipped with improvements to promote activities,such as picnic tables,shade structures, dog parks and playgrounds 2 Amenity Center— means an accessory use to a residential development that may consist of one or more buildings and structures and that may include, but is not limited to, meeting space, recreational facilities(such as a swimming pool and playground) 3 Block face—means one side of a block between two streets 4 Boulevard—means a street divided by a median 5 Build-to-Rent — Single family detached or attached dwelling unit, either platted on an individual lot or multiple dwelling units platted on one lot, for the purpose of lease to individual households 6 Facade—means any separate face of a building that encloses or covers usable space A roof is not a facade 7 Gas Well Drilling and Production — means development, exploration, and production of natural gas 8 General Retail Store,Other Than Listed—means a facility or area for the retail sale of general merchandise or food, but does not include uses specifically listed in this PD 1 9 Height—means the vertical distance measured from grade to the highest point of a structure (including a sign) 10 Land Use Category — means one of the following land use categories identified on the permitted use table attached as Exhibit B 11 Large Scale Retail—means a single use retail building that complies with the requirements in Section 6 B of this PD 12 Masonry—means stone or brick laid up unit by unit and set in mortar,or stucco panels 13 Multifamily—means a building used or designed as a residence for three or more families or households living independently of each other on the same lot 14 Non-residential building or non-residential development-means a building or a lot containing one or more uses that are not single family or multifamily 15 Non-residential use—means a use that is not exclusively single family or multifamily 16 Open Space — means property that is one of the following a public park, a private park accessible to residents living on the Property, or an undeveloped space open to the sky and accessible by the public and located on private property, such as native mitigation areas or trails, except for development allowed in open space in this PD 17 Parkway—means the area between a sidewalk and the back of curb 18 PD—means this Planned Development District 19 Personal Services—means a facility or area for the sale of personal services,such as a spa or salon,a tailor,a florist,or a pet grooming shop 20 Pocket Park—means a park that is less than one acre in size 21 Property—means the property depicted on the attached Exhibit C and described by metes and bounds on the attached Exhibit D 22 Residential Building or Residential Development—means a building or a lot with single family or multifamily use 23 Residential Use - means single family homes detached or attached for sale and for lease, or multifamily use 24 Single Family Detached — means a single-family dwelling on a separate lot that fronts on a street,a place,or a court,that is not attached to another dwelling unit 2 25 Single Family Attached — means a single-family dwelling unit that is attached to another dwelling unit such as a townhome or cottage style residence in groups of two and six dwelling units making up one building 26 Temporary Use—means of limited duration, not permanent, and/or means a facility or area used as a temporary field construction office, storage of construction equipment and materials associated with an active permit to demolish or construct SECTION 3—SPECIAL REGULATIONS A Any phasing information or development schedule shown on a plat or in documents accompanying a plat shall be informational only and subject to change by the Owner B This PD will adhere to the City of Sanger Code of Ordinances Chapter 10 Subdivision Regulations C A preliminary plat shall be recommended for approval by the Planning and Zoning Commission and approved by the City Council if the following standards have been met 1 The plat conforms to the Master Site Plan 2 The plat conforms to the Planned Development Regulations 3 The plan conforms to the Subdivision Regulations(Chapter 10) SECTION 4—PERMITTED USES A PRINCIPAL USES 1 See Permitted Uses Table Exhibit B 'ermitted Use ' _AC eag 4 Single-Family +/-29 9 Build-to-Rent +/-28 29 Multifamily +/-33 04 Non-Residential +/-25 03 Storage +/-3 07 B ACCESSORY USES 1 Accessory outside storage on a single-family lot 2 Accessory swimming pool, private 3 Amenity Center 4 Detached Garages 5 Carports 6 Accessory storage units for multifamily purposes 7 Maintenance building 3 SECTION 5—RESIDENTIAL DEVELOPMENT STANDARDS A BULK REQUIREMENTS FOR RESIDENTIAL DEVELOPMENT 1 Swimming pools and accessory outside storage units shall have a minimum five-foot setback from rear and side property lines, however,the setback applies only to the swimming pool or structure, and not to associated decking or paving around the pool or structure 2 TABLE 5 1 Residential Building Setback and Area Requirements Single Family Single Family Single Family Multifamily Detached 40' Lots Detached 50' Lots Detached 70'Lots Unit Count or DUA 200 Lots 84 Lots 12 Lots 20 DUA or 612 units Min Lot Area 4,400 SF 5,500 SF 7,700 SF N/A Min Lot Width 40' 50' 70' N/A Min Lot Depth 110' 110' 110' N/A Min Front Setback 20' 20' 20' 20' Min Side Setback 5' 5' 5' 5' Side Street Setback 10' 10' 10' N/A Min Rear Setback 10'/5'for rear 10'/5'for rear 10'/5'for rear 10' garages garages garages Min Dwelling Size 1300 SF 1500 SF 2000 SF 700 SF Max Lot Coverage 60% 60% 60% 75% Max Structure Height 2 Stories/40' 2 Stories/40' 2 Stories/40' 3 Stories/54' B RESIDENTIAL DESIGN STANDARDS 1 Design Features for Single Family Residential Buildings a Except as otherwise provided below, all Single Family Residential attached or detached buildings will comply with the City of Sanger Exterior Façade Design Criteria Manual Points System—dated October 7, 2019 i Material percentages are calculated from the finished floor to the top plate at the upper floor ii Single-family attached dwelling units are permitted to be platted with multifamily lots, not individually iii Single-family attached dwelling units are not required to appear as a single unit iv Single-family attached buildings will follow adopted International Building Code(IBC)for fire rated walls 4 v Repeated elevations for single family attached homes on multifamily platted lots are permitted vi Rear-facing garages served from an alley shall be located a maximum of 5 feet from the rear property line Additional on-street parking shall be provided in designated areas vii 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 two 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 fencing or gates that face a primary street shall be set back from the front facade 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(Juniperus virginiana), 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 viii In the 2019 Exterior Facade Design Criteria Manual — Residential Development 1 Single Family and Duplex Development-#8 Earn a score of at least 15 points based on the scoring criteria listed below Horizontal banding(rowlocks/soldier course across front facade)will replace(I)Window Grids score of 3 points 2 Design Features for Multifamily Buildings a Except as otherwise provided below, all multifamily buildings will comply with the City of Sanger Exterior Façade Design Criteria Manual Points System—dated October 7, 2019 5 I Each multifamily development phase shall provide three of the following amenities a Swimming pool b Fitness center c Clubhouse with 1,000 square feet of community gathering space d Covered Picnic Area e Dog Park of at least 2,000 square feet in area f One regulation size pickle ball court,or g An alternative amenity approved by the Director of Development Services ii Material percentages are calculated from the finished floor to the top plate at the upper floor iii Covered parking structures shall be designed to be architecturally compatible with the main multifamily structures Exposed steel or timber support columns shall be permitted SECTION 6—NON-RESIDENTIAL DEVELOPMENT STANDARDS A BULK REQUIREMENTS FOR NON-RESIDENTIAL DEVELOPMENT TABLE 5 2 Non-Residential Requirements Requirement Non-Residential Min Lot Area None Min Front Setback 25' Min Side Setback 0' Min Rear Setback 20' Max Lot Coverage 50% Min Street Corner Setback 20' Max Structure Height 60' B NON-RESIDENTIAL DESIGN STANDARDS 1 Design Features for Non-Residential Buildings a All buildings must include at least four of the following architectural design elements i Canopies, awnings,or porticos, ii Arcades, iii Display windows, iv Architectural details(such as tile work and moldings) integrated into the building façade, v Articulated ground floor levels or base, vi Articulated cornice line, 6 vii A combination of no more than two buildings materials constituting a minimum of 60%of the total exterior walls,differentiated by texture,or material, and may be a combination of primary and secondary masonry materials, and viii Other architectural features as approved by the Director of Development Services 2 Transparency a Each commercial and retail floor on a primary façade shall contain at least 50%doors and windows 25%of primary facade windows shall include two of the following i Veranda, Terrace, porch or balcony (accessible for single units) minimum 4 feet deep ii Trellis iii Shed roof awning iv Bay windows v Bow window vi Transom windows vii Arched windows viii Gable windows ix Oval or round windows x Shutters xi Decorative stone or brick band xii Projecting trim casings or surrounds xiii Projecting muntins or mullions and/or other elements which cause the formation of shadows on the window and the adjacent facade, or xiv Other features as approved by the Director of Development Services b This provision does not apply to office use development 3 Facade Finish All nonresidential buildings shall be architecturally finished on all four sides with same materials, color,detailing, and features, except the rear if two rows of 3"caliper trees that are planted one every 30 feet on center along the perimeter behind the building In this case,the architectural finish must match the remainder of the building in color only 4 Articulation Standards Any primary facade shall include projections or recesses and vertical variation in the roof line in accordance with the horizontal and vertical articulation requirements set forth below a Horizontal Articulation 7 I A building façade greater than 50 feet in horizontal length, may not extend for a distance greater than five times its average height without a perpendicular offset of at least ten percent of such building height ii For building with façade length greater than 50 feet, the total length of all façade walls in a single plane may not exceed 60 percent of the total façade length without an offset of at least ten percent of the building height b Vertical Articulation ii For buildings greater than 50 feet in horizontal length,the horizontal wall may not extend for a distance greater than five times its height without a change in elevation of at least 10 percent of such height iii The total length of all vertical elevation changes in the roofline shall be no less than 10 percent and no more than 40 percent of the total facade length 5 Building Entrance Standards a Any front building entrance shall be set back at least 15 feet from the drive aisle b Single-use or multitenant buildings over 50,000 square feet in size shall provide clearly defined, highly visible customer or employee entrances with the integration of awnings or similar architectural features 6 Canopy Standards The following provisions shall apply to canopies associated with an ATM canopy,gas station canopy,drive-thru canopy,carport,and other similar auto oriented canopies a Canopies shall be constructed of roof buildings material consistent with that of the principal building b Canopy columns shall be finished with material and color matching the main building c In no case shall the canopy height exceed 20 feet unless approved by the Director of Development Services 7 Drive-Thru Drive-thru facilities shall be located to the side or rear of the structure and will meet the City's stacking and parking requirements, unless site constraints limit such orientation, as determined by the Director of Development Services 8 Overhead Doors a Overhead doors shall not be located closer than 50 feet to a conforming residential 8 lot b Overhead doors shall be oriented to the side or rear of the structure and not front or face a public right-of-way or public street with the following exceptions i An automotive use with a maximum of 4 single,service bays may orient toward a public street only when structural awnings of at least 4 feet are provided over the extent of the overhead doors, or equivalent structural projections are provided in front of the overhead doors to reduce the visual impact of the service bays from the street ii A roll up, garage type door installed in a restaurant or bar may be permitted to face a public street if it is architecturally integrated into the building and provides a pedestrian connection with a covered outdoor patio area iii When physical site constraints prevent such orientation, the Director of Development Services may consider and approve alternatives 9 Loading Docks a Loading docks shall not be located closer than 40 feet to a conforming residential lot b Loading docks shall be oriented to the side or rear of buildings, and oriented to not front the public right-of-way, not be visible or face a public street, main drive aisle, or patron parking lot c When physical site constraints prevent such orientation, the Director of Development Services may consider and approve an alternative 10 Exterior Colors All nonresidential buildings shall meet the following exterior color requirements a A minimum of 80%of all building elevations shall be finished with complimentary neutral, cream,or deep, rich, non-reflective earth tone colors b No more than 20% of any building elevation may be finished with bright, pure tone primary or secondary colors These colors shall be limited to use on accent features including, but not limited to window and door frames, moldings, cornices, canopies, and awnings c These percentages may be modified upon approval of the Director of Development Services in special cases if the building's elevation maintains sufficient visual continuity SECTION 7—OTHER GENERAL DEVELOPMENT STANDARDS A LANDSCAPING 1 Residential Single Family Detached Landscape Requirements Except as otherwise provided below, landscape requirements shall comply with Section 48, Landscape Regulations of the Zoning Ordinance 9 a Each single-family residence shall have an irrigation system in the front yard and street corner side yard b Each single-family lot shall have a minimum of two shade trees planted that are at least three caliper inches One must be in front yard c All required trees shall be selected from an approved tree list at Site Plan approval d Each home lot shall have a minimum of ten(10)shrubs placed in the front yard Individual shrubs shall be a minimum of three (3)gallons in size when planted 2 Multifamily, Townhome, Cottage, and Non-residential Uses Landscaped Requirements All landscape requirements shall comply with Sections 48 4 and 48 5, Landscape Regulations of the Zoning Ordinance B ENTRANCE REQUIREMENTS The development entrances from major roadways shall provide a monument sign with lighting and one additional of the following additional landscaping elements a Textured or decorative pavement b Enhanced landscaping and/or planting beds with irrigation c Other landscaping elements as approved by the Director of Development Services C OPEN SPACE 1 The residential portions shall be developed with privately maintained open space located throughout the PD,exclusive of the open space and/or landscaped areas provided on the individual residential lots a Multifamily Phase I—5 acres minimum b Multifamily Phase II—5 acres minimum c Single Family-13 acres minimum 2 Common areas shall include floodplain, ponds, detention areas, and small open spaces shown on the Preliminary Master Plan Exhibit A Small Open Spaces shall be connected with sidewalks to be a comprehensive pedestrian system 3 A pedestrian circulation system shall be provided that affords connectivity to the entire community and the perimeter of the Property The pedestrian system shall include concrete trails that are a minimum of six feet in width The pedestrian circulation system may be located on private property with a pedestrian access easement or within the right- of-way The pedestrian circulation system shall include such items as benches, landscaping, signage, lighting, bike racks, water fountains, trash cans, and pet waste stations 4 All open space areas and landscaping materials shall be installed in compliance with a Conceptual Landscape Plan and approved concurrently with Detailed Site Plan for each development phase 5 All landscaping materials shall be maintained in a healthy, living, and growing state, and be irrigated by an automatic irrigation system Any landscaping that is removed must be 10 replaced with the same or comparable species and caliper plant,as when it was originally installed, provided, however, the Director of Development Services may approve an alternate species of plant upon a finding that the species originally planted has been subjected to disease or other condition that prohibits the ability of the original species to survive long term The property owner's association shall maintain or cause to be maintained all landscaping materials and irrigation system located in open spaces, landscaped medians, and other common areas 6 Parks and open space areas shall be designated on approved plats for the Property D SCREENING/FENCING 1 Single Family Detached Residential Lot Fencing a Fencing shall be connected to the side of the house on the lot b Fencing shall be constructed of wood, brick,or decorative metal c Fencing shall be a minimum of six feet in height and a maximum of eight feet in height d Fencing along streets shall be located parallel to the curb e Fencing shall be constructed so that the side of the fence containing the structural supports is not visible from any public right-of-way f All fences constructed of wood must be stained and have metal posts anchored with concrete for structural support 2 Screen Fencing a A minimum six-foot tall masonry and/or board-on-board wood with cap screen fence shall be provided between residential and non-residential uses b A minimum of six-foot tall masonry screen fence shall be provided along the perimeter of the storage facility outlined on the Master Site Plan 3 Trash Storage Areas Outdoor trash storage areas visible from a public street must be screened on three sides by a solid wall at least eight feet in height of material that is consistent with the exterior building material of the main building that the storage area serves Decorative metal opaque gates shall be used to access such trash collection areas 4 Other 11 All mechanical, heating, and air conditioning equipment (e g, rooftop or ground equipment)shall be screened from a ground level view six feet from a public right-of-way with landscaping E SIGNS 1 All signs shall be consistent with the architectural style of the associated building within the development 2 Residential signs shall comply with City of Sanger Code of Ordinances Section 3 1408 3 Non-Residential Signage a All Business signs will generally comply with City of Sanger Code of Ordinances Section 3 1407 with the following exceptions I The total area per face of a sign shall not exceed 2 square feet of face area for each linear foot of building fascia length ii Pole signs along Interstate Highway 35 will be limited to a maximum of one hundred (100)feet in height iii Two Non-Premises Signs shall be a permitted per area between 100 acres and 249 acres iv Pole signs shall be a maximum of 32 square feet and 8 feet in height unless adjacent to Interstate Highway 35 where 100 square feet and 16 feet in height is allowed v Pylon signs along Interstate Highway 35 will be limited to a maximum of one hundred (100) feet in height with an allowable area of 1,200 square feet on each side of sign b Anchor Tenant Signage i One large primary sign may be placed on each façade that faces a public right of way ii Each primary sign will allow for at least 72 inches for letter and logo height and a secondary sign with a maximum of 36 inches for letters or logos iii Separate signage shall be allowed on the anchor façade for businesses that are operating within the anchor space (i e,coffee shop or bank branch) 4 No signs will be allowed in the right-of-way 5 All balloon and inflatable signage shall be limited to temporary use i e grand openings and special events Temporary use being defined as i Max 10-14 days at a time ii Once every six months per business on a rolling calendar year F PARKING 12 1 General Provisions a Except as otherwise provided in this paragraph, required parking must be off- street parking Head-in and parallel spaces located on streets are permitted and count toward required parking b Unless otherwise stated,all parking spaces may be enclosed or unenclosed 2 Minimum Parking Requirements See Exhibit B General Permitted Uses for the minimum parking requirements for each principal use 13 ORD 11-20-24 - 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, Alison Farmwald, 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: Nov. 9, 2024 Nov. 12, 2024 Notice ID: cvdiBqyxNebNp47QxExc Notice Name: ORD 11-20-24 PUBLICATION FEE: $92.56 I declare under penalty of perjury that the foregoing is true and correct. [$signersig ] ______________________________ [$seal] Agent VERIFICATION State of New Jersey County of Hudson Signed or attested before me on this: [$date] [$notarysig ] ______________________________ Notary Public [$disclosure] AFFIDAVIT OF PUBLICATION Notarized remotely online using communication technology via Proof. 11/13/2024