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07-25-07-Ordinance-Specific Use Permit Outdoor Display and Sales of Playground Equipment, Storage Sheds, and Carports-07/02/2007ORDINANCE NO.07-25-07 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SANGER, AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR OUTDOOR DISPLAY AND SALES OF PLAYGROUND EQUIPMENT, STORAGE SHEDS, AND CARPORTS ON A TRACT OF LAND OF .747 ACRE MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission of the City of Sanger and the governing body of the City of Sanger, in compliance with the laws of the State of Texas and the ordinances of the City of Sanger, have given requisite notice by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, the governing body, in the exercise of its legislative discretion, has concluded that the Comprehensive Zoning Ordinance and Map should be amended; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Sanger, Texas, duly passed by the governing body of the City of Sanger on the 3rd day of August, 1987, as heretofore amended, be, and the same is hereby amended by granting a specific use permit for outside display and sales of playground equipment, storage sheds, and carports in a Business-2 (13-2) zoning district on a .747 acre tract out of Abstract 1241, Tract 222, in Sanger, Denton County, Texas, and more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes. to -wit: SECTION 2. That the specific use permit is subject to the following special conditions, 1. All development shall be in substantial conformance with this ordinance and the attached site plan, marked Exhibit `B" and made a part hereof for all purposes; 2. There shall be no more than eight (8) non-metal storage sheds, four (4) swing sets, or two (2) metal carports displayed on the property at any time; 3. The permit shall expire three years from the effective date of this ordinance; 4. The office building to be erected in accordance with the site plan must be finished out in compliance with all applicable City codes, provided that no restrooms or parking spaces shall be required for issuance of a Certificate of Occupancy; 5. All structures will be removed from the property upon termination of the permit; 6. Utilities for the property will be separately metered from the adjoining business. SECTION 3. That all provisions of the ordinances of the City of Sanger in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. That the above -described tract of land shall be used only in the manner and for the purposes provided for by the Comprehensive Zoning Ordinance of the City of Sanger, Texas, as heretofore amended. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Sanger, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00)for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage, and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Sanger, Texas, on the r--- day of d 2007. APPROVED: JO" IGGS, MAY ATTEST: Ll ROSALIE CHAVEZ, CITY S CRETARY CITY ATTORNEY (RLD/06/22/07)(1 7s 1 s) REJ Lane, LTD 0.7S47RIPTION ACRES Gravel Surface r County Clerk's File Number 0$-117121 part of a tolled 5.932 Acres All that certain parcel of land situated in the HENRY TIERWESTER % - SURVEY, Abstract Number 1241, City of Sanger, Denton County, —' 1 Texas. and being- a Called 5.932 acre tract of land described in _ _ — N 86.49s 15 E 217.00 \ a deed from Kenneth Charles Minhinnett et ux to REJ- Lane, LTD. as recorded in County Clerk's File Number 06-117121, _ \ Real Property Records of Denton County, Texas, and tieing more • Sign 1 \ particularly described as follows, ` BEGINNING of the Southwest comer of herein described parcel, from which the Southwest comer of said 5.963 acre tract bears South 86 Degrees 49 Minutes 15 Seconds West, 60.00 feet: 1 THENCE North 03 Degrees 10 Minutes 31 Seconds West, ' 15a.00 - Z O feet to the Northwest comer of herein described parcel; O ' j THENCE North 86 Degrees 49 Minutes 15 Seconds East. 217.00 I 1 feet to the Northeast comer of herein described parcel; c W 0.747 ACRES 1 m ' M O o 04 THENCE South 03 Degree 10 Minutes 31 Seconds East, 150.00 feet a i O REJ Lane, LTD JF' N to the Southeost corner of hercin described parcel, in a South line 5.963 in the North Q m W ;i ; ~ County Clerk's File Number 06-117121 ro a 1 line South said acres, and right—of—way South 5th 3 •t (n rn —Y , q, part of a called 5.932 acres 44 .¢. 0 of Street = z ... o c ' 0 4 m THENCE South 86 Degrees 49 Minutes 15 Seconds West with the said right—of—way line and a South line of said 5.963 acres, .Fj ' aj O I 217.00 feet to the POINT OF BEGINNING and containing 0.747 _ 0 < C , 4• I acres of land. a COJ O L,Jrn I O 'A'AG`S y O+ CERTIFY TO SMOKEYS TEXAS BBO O C'` P I I hereby certify that this survey has been from an 0 prepared —the —ground the depicted hereon `mm Q 9 I accurate on survey of premises described in the legal description 0 I and attached hereto, Q I - conducted under my direction and supervision on 6/8/07 and -and LaJ U I that the findings and results of said survey are true t.— 72 95' correct to the best of my knowledge and belief and that the Z N 86'• 9'15"Ej —/ size, type and location of visible and apparent permonent - 1 Z IRF CAP r improvements are as shown, and that said survey correctly 1/2" IRF/CAP S 86'49'15i_W 217.00' I shows the location of all alleys, streets, maintained rights—of-woy, and easements to 60.00' g 86'49'15"W ( of record, as supplied me, of the undersigned is aware or has been advised effecting _which 1/2 IRF/CAP the subject premises according to the descriptions of record, P09 and that except as shown there are no visible or apparent intrusions, onflicts or protrusion / I H.C. NGtOW III R.P.LS. IT.- 5842 I\ / Errors The client or client's representatives will have 45 days from the date the survey was issued to change any misspellings \ or any errors on the survey report. after this time has expired all parties involved must except the survey as issued. '- NOTE Bearings Based on the Texas State Plane Coordinate South 5th. Street System NAD 83 North Central Texas Zone and G.P.S. 41' Asphalt Surface observations. LEGEND NOTE This survey sketch was performed without the benefit of BENCHMARK (BM) = SURVEY CORNER _ schedule A & B or Title Binder. CM = CONTROLING MONUMENT = BEARIBASIS NOTE This survey may not comply with the Subdivision = IRF IRON ROD FOUND 9 ty'NG Regulations of Denton Texas. County, IRS = 1/2'IRON ROD SET CAP = PLASTIC CAP FENCE FCP = FENCE CORNER POST EXHIBIT MFCP METAL FCP — WFCP W000 FCP ( ) — PLAT OR DEED CALL o— LIGHT POLE (LP) _ - POB - POINT OF BEGINNING POW - RIG POINT OF COMENCEMENT ROW - POWER POLE (PP) t FIREUTILITY RISER ((F) r ' E OF r ` CE — COMMUNICATION EASEMENT OE DRAINAGE EASEMENT pd = WATER MIST ET(W✓)JCS ® =WATER METER P 'G15TfRe' , -I — EE =ELECTRIC EASEMENT (WM) ® = SEWER MANHOLE (MH) on: Wl UE — UA ER EASEMENT WE WATERLINE EASEMENT' r GAS METER (GM) p = GAS VALVE/TEST STATION ( H.C: INGRAM, III - PUE =PUBLIC UTIUIY EASEMENT o = PROPANE TANK (PT) BCM = BURIED CABLE MARKER ' BPM PROPERTY LINE (PL)' 40 0 40 80 12O 5842 'P = BURIED PIPELINE MARKER ER ELECTRIC RISER ET — — ADJACENT PL _ _ — _ _ ABSTRACT/SURVEYUNE -Iff7 -0 OJ6 \ %i'. f S 5 1 - P.O. BO% 11$ . 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