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08/08/2022-PZ-Agenda Packet-RegularPLANNING & ZONING COMMISSION MEETING AGENDA AUGUST 08, 2022, 7:00 PM PLANNING & ZONING COMMISSION REGULAR MEETING HISTORIC CHURCH BUILDING - 403 N 7TH STREET, SANGER, TEXAS CALL THE REGULAR MEETING TO ORDER AND ESTABLISH A QUORUM INVOCATION AND PLEDGE CITIZENS COMMENTS This is an opportunity for citizens to address the Commission on any matter. Comments related to public hearings will be heard when the specific hearing begins. Citizens are allowed 3 minutes to speak. Each speaker must complete the Speaker’s Form and include the topic(s) to be presented. Citizens who wish to address the Commission with regard to matters on the agenda will be received at the time the item is considered. The Commission is not allowed to converse, deliberate or take action on any matter presented during citizen input. CONSENT AGENDA All items on the Consent Agenda will be acted upon by one vote without being discussed separately unless requested by a Commissioner to remove the item(s) for additional discussion. Any items removed from the Consent Agenda will be taken up for individual consideration. 1. Approval of Minutes from 07/11/22 PUBLIC HEARING ITEMS 2. Conduct a Public Hearing on Ordinance No. 08-21-22 amending Chapter 14 Planning and Zoning, Section 30 Use of Land and Buildings to allow Quick Service Food and Beverage by right in the Business District 2 (B-2) without the requirement of a Specific Use Permit (SUP) and adding Section 32.7 Vehicle Stacking Requirements. 3. Conduct a public hearing on a request for a Specific Use Permit (SUP) for Quick Service Food and Beverage Shop, on 0.61 acres of land described as Lot 1R-2, Block 1 of the Sanger Lodging Addition, Zoned as Business District 2 (B-2) and generally located on the east side of Stemmons Frwy approximately 594 feet South of FM 455. 4. Conduct a public hearing on a Replat of Lot 6R2-1B, Block A of Sanger Industrial Park Addition, being 1.75 acres, located in the City of Sanger, and generally located on the south west corner of I-35 and FM 455. 1 ACTION ITEMS 5. Consideration and possible action on Ordinance No. 08-21-22 amending Chapter 14 Planning and Zoning, Section 30 Use of Land and Buildings to allow Quick Service Food and Beverage by right in the Business District 2 (B-2) without the requirement of a Specific Use Permit (SUP) and adding Section 32.7 Vehicle Stacking Requirements. 6. Consideration and possible action on a request for a Specific Use Permit (SUP) for Quick Service Food and Beverage Shop, on 0.61 acres of land described as Lot 1R-2, Block 1 of the Sanger Lodging Addition, Zoned as Business District 2 (B-2) and generally located on the east side of Stemmons Frwy approximately 594 feet South of FM 455. 7. Consideration and possible action on a Replat of Lot 6R2-1B, Block A of Sanger Industrial Park Addition, being 1.75 acres, located in the City of Sanger, and generally located on the south west corner of I-35 and FM 455. FUTURE AGENDA ITEMS The purpose of this item is to allow the Chairman and Commissioners to bring forward items they wish to discuss at a future meeting, A Commissioner may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Items may be placed on a future meeting agenda with a consensus of the Commission or at the call of the Chairman. ADJOURN CERTIFICATION I certify that a copy of this meeting notice was posted on the bulletin board at City Hall is readily accessible to the general public at all times and posted on the City of Sanger website on August 5, 2022, at 10:45 AM. /s/ Stefani Dodson Stefani Dodson, Secretary The Historical Church is wheelchair accessible. Request for additional accommodations or sign interpretation or other special assistance for disabled attendees must be requested 48 hours prior to the meeting by contacting the City Secretary’s Office at 940.458.7930. 2 PLANNING & ZONING COMMISSION COMMUNICATION DATE: August 8, 2022 FROM: Ramie Hammonds, Development Service Director AGENDA ITEM: Conduct a Public Hearing on Ordinance No. 08-21-22 amending Chapter 14 Planning and Zoning, Section 30 Use of Land and Buildings to allow Quick Service Food and Beverage by right in the Business District 2 (B-2) without the requirement of a Specific Use Permit (SUP) and adding Section 32.7 Vehicle Stacking Requirements. SUMMARY:  Currently the zoning ordinance requires a SUP for all Quick Services Food and Beverage Shops.  The Business District 2 (B-2) is the most intensive Business District and is located along the major thoroughfares.  The B-2 District is where most Quick Service Food and Beverage Shops will be located.  This use should be allowed without the burden of obtaining a SUP.  There are currently five Quick Service Food and Beverage Shops already in place in these areas.  There has been other Quick Service Food and Beverage Shops show interest in coming into these areas. For this reason, we would like to simplify the process. FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION: Staff recommends APPROVAL. ATTACHMENTS: Ordinance No 08-21-22 3 Item 2. Ordinance – 08-21-22 Amendment to Chapter 14 Page 1 of 2 CITY OF SANGER, TEXAS ORDINANCE 08-21-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, REGARDING AMENDING THE CITY OF SANGER CODE OF ORDINANCE, CHAPTER 14 PLANNING AND ZONING, SECTION 30 USE OF LAND AND BUILDINGS, SECTION 30.2 LEGEND FOR INTERPRETING SCHEDULE OF USES, TO ALLOW QUICK SERVICE FOOD AND BEVERAGE BY RIGHT IN THE B-2 ZONING DISTRICT WITHOUT THE REQUIREMENT OF A SUP AND ADDING SECTION 32.7 VEHICLE STACKING REQUIREMENTS; 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 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 August 8, 2022, duly covered and conducted public hearing for the purpose of assessing a request for an amendment to the Zoning Ordinance, recommending approval for the hereinafter described property; and WHEREAS, all request for amendment to the Zoning Ordinance were duly filed with the City of Sanger, Texas, concerning the hereinafter described property; and WHEREAS, the following provision of proper legal notice requirements, 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 an amendment to Chapter 14 Planning and Zoning, Section 30 Use of Land and Buildings, Section 30.2 Legend for Interpreting Schedule of Uses, removing the SUP requirement for Quick Service Food and Beverage Shop in Business District 2 (B-2) and adding Section 32.7 Vehicle Stacking Requirements as described in Exhibit A is hereby granted. 4 Item 2. Ordinance – 08-21-22 Amendment to Chapter 14 Page 2 of 2 SECTION 2. 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 3. 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 4. 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 5. 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 15th day of August, 2022. APPROVED: ________________________________ ATTEST: Thomas E. Muir, Mayor ________________________________ APPROVED TO FORM: Kelly Edwards, City Secretary ________________________________ Hugh Coleman, City Attorney 5 Item 2. EXHIBIT A 32.7 Vehicle Stacking Requirements For Drive Through Services 1. Generally. Stacking spaces are used to measure the capacity of a drive-through lane to hold cars while transactions are taking place at drive-through stations. Stacking spaces measure eight feet six inches wide by 20 feet long and provide direct access to a service window. The position in front of a drive-through station (service window, ATM, or station at a drive-through bank) is counted as a stacking space. 2. Requirements. Uses that include drive-through service shall provide not less than the following numbers of stacking spaces: a. Financial institutions, drive-through convenience retail, or pharmacies: Three stacking spaces per drive-through station. b. Drive-through restaurants if two service windows are provided (one for payments and one for pick up): a minimum of nine (9) stacking spaces shall be provided designed as follows (1) Four stacking spaces to the menu board (2) Three stacking spaces between the menu board and the first window (including position at the first window); and (3) Two spaces between the first window and the second window (including the position at the second window). 6 Item 2. EXHIBIT A c. If one service window is provided (for both payments and pick up): (1) Six stacking spaces to the menus board; (2) Three stacking spaces between the menu board and the service window. d. Dry Cleaners: Three stacking spaces, including the position at the window. e. Vehicle Wash: (1) Three stacking spaces for each bay in self-service vehicle wash facility (including wash area); (2) Five stacking spaces for each in-bay or conveyor vehicle wash facility; and (3) If the facility provides detailing, manual drying or polishing, and/or vacuuming, sufficient area to provide those services without creating additional demand for stacking at the vehicle wash entrance. f. Stacking spaces for other uses are determined by the Development Service Director. 3. Design a. Stacking lanes shall be clearly marked, and shall not interfere with on-site or traffic circulation, whether on or off-site. b. Stacking areas shall not be located between the façade of a building and the public street upon which the building fronts unless there is a grade change of at least five feet between the centerline of the street and the stacking area or alternatively, there is a buffer yard installed. c. Stacking lanes shall be designed with an abutting nine-foot-wide bypass lane. d. Stacking begins at first stopping point. 7 Item 2. PLANNING & ZONING COMMISSION COMMUNICATION DATE: August 8, 2022 FROM: Ramie Hammonds, Development Service Director AGENDA ITEM: Conduct a public hearing on a request for a Specific Use Permit (SUP) for Quick Service Food and Beverage Shop, on 0.61 acres of land described as Lot 1R-2, Block 1 of the Sanger Lodging Addition, Zoned as Business District 2 (B-2) and generally located on the east side of Stemmons Frwy approximately 594 feet South of FM 455. SUMMARY:  The applicant is proposing a Quick Service Food and Beverage Shop with a drive-thru.  This lot is located between the Holiday Inn and Taco Bell.  The site is zoned Business District 2 (B-2) which allows Quick Service Food and Beverage Shop with a SUP.  The site will be a new location for Jack In the Box.  The applicant has been made aware of the new stacking regulations that will be implemented.  The property currently has two Quick Service Food and Beverage Shops in close proximity.  Staff mailed 5 notices and at the time of this report has received 1 in favor. FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION: Staff recommends APPROVAL. ATTACHMENTS: Location Map 8 Item 3. 22 29 22 57 23 5 14 93 92 58 07 5 21 90 03 78 09 8 58 14 6 112 94 4 58 07 8 58 15 25712157201 58 03 6 58 05 1 57 08 3 58 02 6 19 98 37 57 20 7 58 05 6 57 22 3 53 65 50 53 65 49 73 35 58 73 35 58 I-35SERVICEI-35 SERVICE N 10TH ST I-35 PECAN ST I-35 /Project Name: 650 N Stemmons SUPProject: 22SANZO N-0045 0 100 20050 Fe et DISCLA IMER:This map wa s g en e ra te d by GI S da ta p ro vid edby the S a ng er GIS De pa rtme nt . Th e City o f Sanger do es n ot gu a ra n te e the c orrec tne ss oraccuracy o f a n y fe a tu re s o n th is ma p. Th ese ma pproducts are fo r illust ra tio n pu rpo se s o n ly an dare not suit ab le fo r site -s pe cific d e cision ma king .GIS dat a is su bje ct to co nst an t cha n ge s, an dmay not b e co mple te , a ccu rat e o r cu rren t.Date: 7/24 /2 02 2 3 :1 2:4 2 P MDoc Name : 2 2 SA NZON-0 04 5 _6 50 S te mmon s S UPCity L imi ts Exhi bi ts SubjectArea 9 Item 3. PLANNING & ZONING COMMISSION COMMUNICATION DATE: August 8, 2022 FROM: Ramie Hammonds, Development Service Director AGENDA ITEM: Conduct a public hearing on a Replat of Lot 6R2-1B, Block A of Sanger Industrial Park Addition, being 1.75 acres, located in the City of Sanger, and generally located on the south west corner of I-35 and FM 455. SUMMARY:  The applicant is proposing to create 1 lot of 1.75 acres from a partially platted tract of land.  The lot currently has access from N Stemmons (I-35 service road) and will have approximately 546 feet of frontage on the public ROW.  The property will be the site of the Quik Trip Convenience Store  ROW was previously dedicated with the road expansions.  The property meets City of Sanger Subdivision Regulations. FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION: Staff recommends APPROVAL. ATTACHMENTS: Location Map 10 Item 4. 22 29 22 22 29 23 24 33 27 57 23 5 22 29 24 23 82 98 97 52 65 25 37 46 24 33 28 56 45 2 30 96 68 77 65 35 20 78 13 77 65 78 20 52 19 I-35 I-35 I-35SERVICE W CHAPMAN DR 601N ST EM MO NSFWY 1401 WCHAPMAN DR 651 NSTEMMONS ST 1406 FM 455 701N ST EM MO NSFWY 551N ST EM MO NSFWY / 0 100 20050 Fe et DISCLA IMER:This map wa s g en e ra te d by GI S da ta p ro vid edby the S anger GIS De pa rtme nt . Th e City o f Sanger does n ot gu a ra n te e the c orrec tne ss oraccuracy of a n y fe a tu re s o n th is ma p. Th ese ma pproducts are fo r illust ra tio n pu rpo se s o n ly an dare not suit ab le fo r site -s pe cific d e cision ma king .GIS dat a is su bje ct to co nst an t cha n ge s, an dmay not be co mple te , a ccu rat e o r cu rren t.Date: 2/21/202 2 3 :1 9:2 4 P MDoc Name: 2 2 SA NZON-0 011 _Qu ic ktrip Varian ce Sub je ctArea City Limits Exhibits Project: 22SANZON-0041Project Name: Quik TripF 11 Item 4. PLANNING & ZONING COMMISSION COMMUNICATION DATE: August 8, 2022 FROM: Ramie Hammonds, Development Service Director AGENDA ITEM: Consideration and possible action on Ordinance No. 08-21-22 amending Chapter 14 Planning and Zoning, Section 30 Use of Land and Buildings to allow Quick Service Food and Beverage by right in the Business District 2 (B-2) without the requirement of a Specific Use Permit (SUP) and adding Section 32.7 Vehicle Stacking Requirements. SUMMARY:  Currently the zoning ordinance requires a SUP for all Quick Services Food and Beverage Shops.  The Business District 2 (B-2) is the most intensive Business District and is located along the major thoroughfares.  The B-2 District is where most Quick Service Food and Beverage Shops will be located.  This use should be allowed without the burden of obtaining a SUP.  There are currently five Quick Service Food and Beverage Shops already in place in these areas.  There has been other Quick Service Food and Beverage Shops show interest in coming into these areas. For this reason, we would like to simplify the process. FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION: Staff recommends APPROVAL. ATTACHMENTS: Ordinance No 08-21-22 12 Item 5. Ordinance – 08-21-22 Amendment to Chapter 14 Page 1 of 2 CITY OF SANGER, TEXAS ORDINANCE 08-21-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, REGARDING AMENDING THE CITY OF SANGER CODE OF ORDINANCE, CHAPTER 14 PLANNING AND ZONING, SECTION 30 USE OF LAND AND BUILDINGS, SECTION 30.2 LEGEND FOR INTERPRETING SCHEDULE OF USES, TO ALLOW QUICK SERVICE FOOD AND BEVERAGE BY RIGHT IN THE B-2 ZONING DISTRICT WITHOUT THE REQUIREMENT OF A SUP AND ADDING SECTION 32.7 VEHICLE STACKING REQUIREMENTS; 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 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 August 8, 2022, duly covered and conducted public hearing for the purpose of assessing a request for an amendment to the Zoning Ordinance, recommending approval for the hereinafter described property; and WHEREAS, all request for amendment to the Zoning Ordinance were duly filed with the City of Sanger, Texas, concerning the hereinafter described property; and WHEREAS, the following provision of proper legal notice requirements, 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 an amendment to Chapter 14 Planning and Zoning, Section 30 Use of Land and Buildings, Section 30.2 Legend for Interpreting Schedule of Uses, removing the SUP requirement for Quick Service Food and Beverage Shop in Business District 2 (B-2) and adding Section 32.7 Vehicle Stacking Requirements as described in Exhibit A is hereby granted. 13 Item 5. Ordinance – 08-21-22 Amendment to Chapter 14 Page 2 of 2 SECTION 2. 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 3. 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 4. 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 5. 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 15th day of August, 2022. APPROVED: ________________________________ ATTEST: Thomas E. Muir, Mayor ________________________________ APPROVED TO FORM: Kelly Edwards, City Secretary ________________________________ Hugh Coleman, City Attorney 14 Item 5. EXHIBIT A 32.7 Vehicle Stacking Requirements For Drive Through Services 1. Generally. Stacking spaces are used to measure the capacity of a drive-through lane to hold cars while transactions are taking place at drive-through stations. Stacking spaces measure eight feet six inches wide by 20 feet long and provide direct access to a service window. The position in front of a drive-through station (service window, ATM, or station at a drive-through bank) is counted as a stacking space. 2. Requirements. Uses that include drive-through service shall provide not less than the following numbers of stacking spaces: a. Financial institutions, drive-through convenience retail, or pharmacies: Three stacking spaces per drive-through station. b. Drive-through restaurants if two service windows are provided (one for payments and one for pick up): a minimum of nine (9) stacking spaces shall be provided designed as follows (1) Four stacking spaces to the menu board (2) Three stacking spaces between the menu board and the first window (including position at the first window); and (3) Two spaces between the first window and the second window (including the position at the second window). 15 Item 5. EXHIBIT A c. If one service window is provided (for both payments and pick up): (1) Six stacking spaces to the menus board; (2) Three stacking spaces between the menu board and the service window. d. Dry Cleaners: Three stacking spaces, including the position at the window. e. Vehicle Wash: (1) Three stacking spaces for each bay in self-service vehicle wash facility (including wash area); (2) Five stacking spaces for each in-bay or conveyor vehicle wash facility; and (3) If the facility provides detailing, manual drying or polishing, and/or vacuuming, sufficient area to provide those services without creating additional demand for stacking at the vehicle wash entrance. f. Stacking spaces for other uses are determined by the Development Service Director. 3. Design a. Stacking lanes shall be clearly marked, and shall not interfere with on-site or traffic circulation, whether on or off-site. b. Stacking areas shall not be located between the façade of a building and the public street upon which the building fronts unless there is a grade change of at least five feet between the centerline of the street and the stacking area or alternatively, there is a buffer yard installed. c. Stacking lanes shall be designed with an abutting nine-foot-wide bypass lane. d. Stacking begins at first stopping point. 16 Item 5. PLANNING & ZONING COMMISSION COMMUNICATION DATE: August 8, 2022 FROM: Ramie Hammonds, Development Service Director AGENDA ITEM: Consideration and possible action on a request for a Specific Use Permit (SUP) for Quick Service Food and Beverage Shop, on 0.61 acres of land described as Lot 1R-2, Block 1 of the Sanger Lodging Addition, Zoned as Business District 2 (B-2) and generally located on the east side of Stemmons Frwy approximately 594 feet South of FM 455. SUMMARY:  The applicant is proposing a Quick Service Food and Beverage Shop with a drive-thru.  This lot is located between the Holiday Inn and Taco Bell.  The site is zoned Business District 2 (B-2) which allows Quick Service Food and Beverage Shop with a SUP.  The site will be a new location for Jack In the Box.  The applicant has been made aware of the new stacking regulations that will be implemented.  The property currently has two Quick Service Food and Beverage Shops in close proximity.  Staff mailed 5 notices and at the time of this report has received 1 in favor. FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION: Staff recommends APPROVAL. ATTACHMENTS: Location Map Ordinance No. XX-XX-22 Application Letter of Intent 17 Item 6. 22 29 22 57 23 5 14 93 92 58 07 5 21 90 03 78 09 8 58 14 6 112 94 4 58 07 8 58 15 25712157201 58 03 6 58 05 1 57 08 3 58 02 6 19 98 37 57 20 7 58 05 6 57 22 3 53 65 50 53 65 49 73 35 58 73 35 58 I-35SERVICEI-35 SERVICE N 10TH ST I-35 PECAN ST I-35 /Project Name: 650 N Stemmons SUPProject: 22SANZO N-0045 0 100 20050 Fe et DISCLA IMER:This map wa s g en e ra te d by GI S da ta p ro vid edby the S a ng er GIS De pa rtme nt . Th e City o f Sanger do es n ot gu a ra n te e the c orrec tne ss oraccuracy o f a n y fe a tu re s o n th is ma p. Th ese ma pproducts are fo r illust ra tio n pu rpo se s o n ly an dare not suit ab le fo r site -s pe cific d e cision ma king .GIS dat a is su bje ct to co nst an t cha n ge s, an dmay not b e co mple te , a ccu rat e o r cu rren t.Date: 7/24 /2 02 2 3 :1 2:4 2 P MDoc Name : 2 2 SA NZON-0 04 5 _6 50 S te mmon s S UPCity L imi ts Exhi bi ts SubjectArea 18 Item 6. Ordinance – SUP – 650 N Stemmons Frwy - Quick Service Food and Beverage Page 1 of 2 CITY OF SANGER, TEXAS ORDINANCE No. XX-XX-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, REGARDING A SPECIFIC USE PERMIT TO ALLOW A QUICK SERVICE FOOD AND BEVERAGE SHOP AT 650 N STEMMONS FRWY ON APPROXIMATELY 0.61 ACRES OF LAND DESCRIBED AS LOT 1R-2, BLOCK 1 OF THE SANGER LODGING ADDITION; 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 City Council finds it necessary for the public health, safety and welfare that development occur in a controlled and orderly manner; and WHEREAS, all requests for a Specific Use Permit (SUP) were duly filed with the City of Sanger, Texas, concerning the hereinafter described property; and WHEREAS, following provision of proper legal notice requirements, which were made in the time and manner prescribed by law, including written notice to owners within 200 feet of the subject property; and WHEREAS, the Planning and Zoning Commission on August 8, 2022, duly covered and conducted public hearing for the purpose of assessing a request for a Specific Use Permit (SUP), recommending approval for the hereinafter described property; 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 a Specific Use Permit (SUP) to allow a Quick Service Food and Beverage Shop on approximately 0.61 acres of land zoned Business District 2 (B-2) use is hereby granted for the property described as 650 N Stemmons Frwy, Lot 1-R2, Block 1 of the Sanger Lodging Addition and further described in Exhibit A. SECTION 2. That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. 19 Item 6. Ordinance – SUP – 650 N Stemmons Frwy - Quick Service Food and Beverage Page 2 of 2 SECTION 3. 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 4. That this Ordinance shall be cumulative of all other City Ordinances and all other provisions of other Ordinances adopted by the City which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. 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 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such case provides. PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on this 6th day of September, 2022. APPROVED: ________________________________ ATTEST: Thomas E. Muir, Mayor ________________________________ APPROVED TO FORM: Kelly Edwards, City Secretary ________________________________ Hugh Coleman, City Attorney 20 Item 6. CALLED 0.466 ACRES RICHESON RESTAURANTS COMPANY #2 VOLUME 2133, PAGE 272 R.P.R.D.C.T. FIRST TRACT JAMES RAY O'DELL DOCUMENT NO. 2002-142971 R.P.R.D.C.T. CALLED 0.26 ACRES MIKE WATKINS DOCUMENT NO. 2001-43746 R.P.R.D.C.T. SECOND TRACT JAMES RAY O'DELL DOCUMENT NO. 2002-142971 R.P.R.D.C.T. S 0 0 ° 0 7 ' 0 4 " W 1 4 0 . 1 3 ' N 2 5 ° 4 9 ' 0 2 " E 3 6 1 . 8 6 ' N 67°0 4 ' 1 1 " E 94.88 ' S 3 2 ° 3 5 ' 2 9 " E 2 2 7 . 4 7 ' N 89°49'20" E 40.03' LOT 1 BLOCK 1 SANGER LODGING ADDITION DOCUMENT NO. 2018-283 P.R.D.C.T. 23 3 . 6 9 ' 12 8 . 1 7 ' 1 7 3 . 4 0 ' 5 4 . 0 7 ' 1ƒ : POB L O T 1R-1 2.03 ACRES B L O C K 1 L O T 1R-2 0.61 ACRES CIRS CIRS CIRS CIRS CIRS 1/2"CIRF "METROPLEX 1849" 1/2"CIRF "METROPLEX 1849" 1/2" IRF 1/2"CIRF "METROPLEX 1849" 1/2" IRF TRACT II JAMES RAY O'DELL DOCUMENT NO. 2016-115090 R.P.R.D.C.T. LOT 18, BLOCK 7 BURGESS ADDITION VOLUME 187, PAGE 574 D.R.D.C.T. LOT 17, BLOCK 7 BURGESS ADDITION VOLUME 187, PAGE 574 D.R.D.C.T. LOT 16, BLOCK 7 BURGESS ADDITION VOLUME 187, PAGE 574 D.R.D.C.T. LOT 15, BLOCK 7 BURGESS ADDITION VOLUME 187, PAGE 574 D.R.D.C.T. LOT 14, BLOCK 7 BURGESS ADDITION VOLUME 187, PAGE 574 D.R.D.C.T. LOT 13, BLOCK 7 BURGESS ADDITION VOLUME 187, PAGE 574 D.R.D.C.T. LOT 12, BLOCK 7 BURGESS ADDITION VOLUME 187, PAGE 574 D.R.D.C.T. STEVIE EATON DOCUMENT NO. 1996-33167 R.P.R.D.C.T. 20 ' U T I L I T Y E A S E M E N T DO C U M E N T N O . 2 0 1 8 - 2 8 3 P.R . D . C . T . 2 0 ' U T I L I T Y E A S E M E N T D O C U M E N T N O . 2 0 1 8 - 2 8 3 P . R . D . C . T . 15' UTILITY EASEMENT DOCUMENT NO. 2018-283 P.R.D.C.T. M A P L E S T R E E T V A R I A B L E W I D T H R I G H T - O F - W A Y I N T E R S T A T E H I G H W A Y 3 5 S T E M M O N S F R E E W A Y VA R I A B L E W I D T H R I G H T - O F - W A Y LOT 2, BLOCK A RAY ROBERTS PLAZA CABINET O, PAGE 180 P.R.D.C.T. CALLED 0.208 ACRES TRACT II TEK-CO PROPERTIES, LLC DOCUMENT NO. 2016-104339 R.P.R.D.C.T. LOT 1B, BLOCK A RAY ROBERTS PLAZA DOCUMENT NO. 2012-103 P.R.D.C.T. LOT 1A, BLOCK A RAY ROBERTS PLAZA DOCUMENT NO. 2012-103 P.R.D.C.T. N 88°44'16" W 500.35' C1 C2 HENRY TIE R W E S T E R S U R V E Y , ABSTRACT N O . 1 2 4 1 N:7182004.97 E:2372012.46 N:7181875.86 E:2371511.95 CL CL CL CL C L C L C L C L C L C L C L C L C L C L C L C L C L CL CL CL 82 ' D R A I N A G E / D E T E N T I O N E A S E M E N T VARIABLE WIDTH MUTUAL ACCESS EASEMENT 2 0 ' D R A I N A G E & U T I L I T Y E A S E M E N T 20' BUILDING SETBACK 20 ' B U I L D I N G S E T B A C K 20 ' B U I L D I N G S E T B A C K 2 0 ' B U I L D I N G S E T B A C K 20' BU I L D I N G S E T B A C K 20 ' B U I L D I N G S E T B A C K 10' BUILDING SETBACK 10' BUILDING SETBACK C 3 C4 C5 C6 L1 L2 L3 L4 38 . 9 3 ' 30.00' 13 . 8 3 ' 29.69' 6   ƒ       :         44.40 ' 82.02' L 5 C 7 22 . 9 1 ' 23.89' Drafter Project Date 1.) The purpose of this replat is to split the existing lot into two separate lots. 2.)This property is located in "Non-shaded Zone X" according to the F.E.M.A. Flood Insurance Rate Map dated April 18, 2011 as shown on Map Number 48121C0210G. 3.)The grid coordinates shown on this plat are based on GPS observations utilizing the AllTerra RTKNET Cooperative network. NAD 83(2011) State Plane Coordinate System (Texas North Central Zone - 4202). 4.)Notice: Selling a portion of this addition by metes and bounds is a violation of City Ordinance and State Law, and is subject to fines and withholding of utilities and building permits. 5.) All interior property corners are marked with a 1/2-inch iron rod with a green plastic cap stamped "EAGLE SURVEYING" unless noted otherwise. 6.)The bearings shown on this plat are based on GPS observations utilizing the AllTerra RTKNET Cooperative network. NAD 83(2011) Datum. 7.) Water and Sanitary Sewer, are provided by the City of Sanger, PO Box 1729, Sanger, TX 76266, 940-458-2571. Electric Service is provided by Sanger Electric Utilities, 202 Railroad Ave., Sanger, TX 76266, 940-458-2064. 8.) All lots comply with the minimum size requirements of the zoning district. 9.) This property may be subject to charges related to impact fees and the applicant should contact the City regarding any applicable fees due. 10.) All common areas, drainage easements, and detention facilities will be owned and maintained by teh HOA/POA. Any common area with in the City's right-of-way will require a facilities agreement, to be reviewed and approved by the City. 11.) This plat does not alter or remove existing deed restrictions, if any, on this property. 12.) Minimum finished floor elevations are at least 2 feet above the 100 year floodplain. 13.) This property is zoned B-2. GENERAL NOTES TR 04/28/2020 2003.042-01 VICINITY MAP (NOT TO SCALE) REPLAT SANGER LODGING ADDITION LOTS 1R-1 & 1R-2, BLOCK 1 2.64 ACRES 2 LOTS REPLAT OF LOT 1, BLOCK 1 OF SANGER LODGING ADDITION, RECORDED IN DOCUMENT NO. 2018-283 P.R.D.C.T., HENRY TIERWESTER SURVEY, ABSTRACT No. 1241, CITY OF SANGER, DENTON COUNTY, TEXAS EAGLE SURVEYING, LLC 210 S. Elm Street, Suite: 104 Denton, TX 76201 (940) 222-3009 TX Firm #10194177 SURVEYOR Eagle Surveying, LLC Contact: Tyler Rank 210 S. Elm Street, Suite: 104 Denton, TX 76201 (940) 222-3009 OWNER Sanger Lodging, LLC Contact: Dev Surati 1400 N Stemmons Freeway Sanger, TX 76266 (940) 206-2001 PAGE 1 OF 1 N 1" = 40' 0 4020 OWNER'S CERTIFICATE & DEDICATION STATE OF TEXAS § COUNTY OF DENTON § We, the undersigned owner of the land shown on this plat within the area described by metes and bounds as follows: Being a 2.64 acre tract of land situated in the Tierwester Survey, Abstract Number 1241, Denton County, Texas and being all of Lot 1, Block 1 of Sanger Lodging Addition, recorded in Document Number 2018-283 of the Plat Records of Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNINGDWD´LURQURGZLWKFDSVWDPSHG³0(7523/(;´IRXQGDWWKH1RUWKHDVWFRUQHURIVDLG Sanger Lodging Addition and the common Northwest corner of Lot 12, Block 7 of the Burgess Addition, recorded in Volume 187, Page 574 of the Plat Records of Denton County, Texas and also being in the South Right-of-Way (R.O.W.) line of Maple Street (a variable width R.O.W.); THENCE6ƒ :ZLWKWKH(DVWOLQHRIVDLG6DQJHU/RGJLQJ$GGLWLRQDQGWKHFRPPRQ:HVWOLQHRI VDLG/RW%ORFNDGLVWDQFHRIIHHWWRD´LURQURGZLWKFDS VWDPSHG³0(7523/(;´IRXQGDWWKH6RXWKHDVWFRUQHURIVDLG6DQJHU/RGJLQJ$GGLWLRQDQGWKH common Southwest corner of said Lot 12, Block 7 and also being in the North line of a tract of land described in deed to Stevie Eaton recorded in Document Number 1996-33167 of the Real Property Records of Denton County, Texas; THENCE1ƒ :ZLWKWKH6RXWKOLQHRIVDLG6DQJHU/RGJLQJ$GGLWLRQDGLVWDQFHRIIHHWWR D´LURQURGZLWKFDSVWDPSHG³0(7523/(;´IRXQGDWWKH6RXWKZHVWFRUQHURIVDLG6DQJHU Lodging Addition and the common Northwest corner of a tract of land described in deed to Richeson Restaurants Company #2 and also being in the East R.O.W. line of Interstate Highway 35/Stemmons Freeway (a variable width R.O.W.); THENCE1ƒ (ZLWKWKH:HVWOLQHRIVDLG6DQJHU/RGJLQJ$GGLWLRQDQGWKHFRPPRQ(DVW 52:OLQHRIVDLG,QWHUVWDWH+LJKZD\6WHPPRQV)UHHZD\DGLVWDQFHRIIHHWWRD´LURQURG found at the Northwest corner of said Sanger Lodging Addition, at the intersection of the East R.O.W. line of said Interstate Highway 35/Stemmons Freeway and the South R.O.W. line of said Maple Street; THENCE with the North line of said Sanger Lodging Addition and the South R.O.W. line of said Maple Street the following courses and distances; 1ƒ (DGLVWDQFHRIIHHWWRD´LURQURGIRXQG :LWKDQRQWDQJHQWFXUYHWRWKHULJKWKDYLQJDUDGLXVRIIHHWDGHOWDDQJOHRIƒ DFKRUG EHDULQJRI6ƒ (DFKRUGOHQJWKRIIHHWDQGDQDUFOHQJWKRIIHHWWRD´LURQURG found; 6ƒ (DGLVWDQFHRIIHHWWRD´LURQURGZLWKFDSVWDPSHG³($*/( 6859(<,1*´VHW :LWKDQRQWDQJHQWFXUYHWRWKHOHIWKDYLQJDUDGLXVRIIHHWDGHOWDDQJOHRIƒ DFKRUG EHDULQJRI6ƒ (DFKRUGOHQJWKRIIHHWDQGDQDUFOHQJWKRIIHHWWRD´LURQURG ZLWKFDSVWDPSHG³($*/(6859(<,1*´VHW 1ƒ (DGLVWDQFHRIIHHWWRWKHPOINT OF BEGINNING and containing 2.64 acres of land more or less. NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS: THAT SANGER LODGING, LLC, acting herein by and through its duly authorized officer does hereby adopt this plat designating the hereinabove described property as SANGER LODGING ADDITION an addition to the City of Sanger, Texas, and does hereby dedicate to the public use forever by fee simple title, free and clear of all liens and encumbrances, all streets, thoroughfares, alleys, fire lanes, drive aisles, parks, and watercourses, and to the public use forever easements for sidewalks, storm drainage facilities, utilities, and any other property necessary to serve the plat and to implement the requirements of the subdivision regulations and other City codes and do hereby bind ourselves, our heirs, successors and assigns to warrant and to forever defend the title on the land so dedicated. Further, the undersigned covenants and agrees that he/she shall maintain all easements and facilities in a state of good repair and functional condition at all times in accordance with City codes and regulations. No buildings, fences, trees, shrubs, or other improvements or growths shall be constructed or placed upon, over, or across the easements as shown, except that landscape improvements may be installed, if approved by the City of Sanger. The City of Sanger and public entities shall have the right to access and maintain all respective easements without the necessity at any time of procuring permission from anyone. WITNESS MY HAND THIS _____ DAY OF __________, 2022. SANGER LODGING, LLC, a Texas limited liability company, owner BY: ____________________________________________________ Dev Surati Date Managing Member STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared DEV SURATI, Managing Member of SANGER LODGING, LLC, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF THE OFFICE this _______ day of _______________________, 2022. _______________________________________ Notary Public in and for the State of Texas = CAPPED IRON ROD FOUNDCIRF DEED RECORDSD.R.D.C.T.DENTON COUNTY, TEXAS= REAL PROPERTY RECORDSR.P.R.D.C.T.DENTON COUNTY, TEXAS= LEGEND = POINT OF BEGINNINGPOB PRELIMINARY this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document = CAPPED IRON ROD SETCIRS APPROVED AND ACCEPTED CITY OF SANGER DENTON COUNTY, TEXAS _________________________________________________________________ Chairman, Planning & Zoning Commission Date Mayor, City of Sanger, Texas _________________________________________________________________ Thomas Muir Date Mayor, City of Sanger, Texas ATTEST: ___________________________________________________________________ Kelly Edwards, City Secretary Date City of Sanger, Tx CERTIFICATE OF SURVEYOR STATE OF TEXAS § COUNTY OF DENTON § I, MATTHEW RAABE, Registered Professional Land Surveyor, do hereby certify that this plat was prepared from an actual survey made on the ground and that the monuments shown hereon were found or placed with 1/2-inch iron rods with green plastic caps stamped "EAGLE SURVEYING" under my direction and supervision in accordance with the current provisions of the Texas Administrative Code and the Ordinances of the City of Sanger, Denton County, Texas. ________________________________ Matthew Raabe, R.P.L.S. # 6402 __________________________ Date STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared MATTHEW RAABE, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF THE OFFICE this ________ day of _________________________, 2022. ___________________________________________ Notary Public in and for the State of Texas PLAT RECORDSP.R.D.C.T.DENTON COUNTY, TEXAS= 455 35 SITE LOCATION FI F T H S T TE N T H S T PECAN ST MAPLE ST WILLOW ST KE A T O N R D Revised 03/01/2022 LINE TABLE LINE BEARING DISTANCE L1 1ƒ :10.00' L2 6ƒ :16.86' L3 1ƒ (34.22' L4 6ƒ (31.45' L5 6ƒ (67.46' CURVE TABLE CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C1 33.82' 24.76'ƒ  6ƒ (31.25' C2 74.09' 76.57'ƒ  6ƒ (71.23' C3 11.01' 30.00'ƒ  1ƒ :10.95' C4 23.71' 14.24'ƒ  6ƒ :21.06' C5 60.34' 30.00'ƒ  1ƒ (50.67' C6 11.01' 30.00'ƒ  6ƒ (10.95' C7 50.36' 96.57'ƒ  6ƒ (49.79' 21 Item 6. 201 Bolivar Street/PO Box 1729 * Sanger, TX 76266 940-458-2059(office) 940-458-4072(fax) www.sangertexas.org City of Sanger 201 Bolivar / P.O Box 1729 Sanger, TX 76266 940-458-2059 (office) 940-458-4072 (fax) www.sangertexas.org ZONING CHANGE/SUP APPLICATION Zoning Change Specific Use Permit Applicant Owner (if different from applicant) Name: Name: Company: Company: Address: Address: City, State, Zip City, State, Zip Phone: Phone: Fax: Fax: Email: Email: Submittal Checklist Site Plan (for Specific Use Permits Only) Letter of Intent Application Fee (Check Payable to City of Sanger) I certify that I am the legal owner of the above referenced property and that to the best of my knowledge this is a true description of the property upon which I have requested the above checked action. I designate the applicant listed as my representative. Describe the subject property (address, location, size, etc.): ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ Describe the proposed zoning change or Specific Use Permit (SUP): ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ________________________________________________________________________ ________________________ Owner Signature Date ________________________________________________________________________ ________________________ Applicant Signature Date Office Use Fee Date Dev@ntxhotels.com Sanger lodging llc 1400 N Stemmons St 9402062001 7/18/22 Sanger, texas 76266 7/13/22 X 22 Item 6. 201 Bolivar Street/PO Box 1729 * Sanger, TX 76266 940-458-2059(office) 940-458-4072(fax) www.sangertexas.org City of Sanger 201 Bolivar / P.O Box 1729 Sanger, TX 76266 940-458-2059 (office) 940-458-4072 (fax) www.sangertexas.org ZONING CHANGE/SUP APPLICATION A request for rezoning is a proposed amendment to the Official Zoning Map. The zoning district boundaries on the Official Zoning Map can be amended through the adoption of an ordinance by the City Council. A request to rezone property must include the contents listed below. The City of Sanger will act on the request through the process described herein. SUBMITTAL REQUIREMENTS: • Letter of Intent • Site Plan (required for Specific Use Permits only) • Application form signed by the owner and describing the property • Application Fee APPLICATION FEES: The application fee covers part of the cost for the city to review and act on the rezoning request, including providing notice of the public hearings as required by law. The application fee is non-refundable. • Zoning Change  Up to 5 acres: $250.00  5+ acres to 25 acres: $400.00  25+ acres to 50 acres: $600.00  50+ acres: $800.00 • Specific Use Permit  Flat $250.00 SUBMITTAL DEADLINES: The deadline for zoning application is 26 days prior to the Planning & Zoning Commission meeting. This provides adequate time to publish and mail the required notices for the public hearings. Meeting dates and deadlines are sometimes adjusted for holidays. Consult the published schedule and city staff for more information. 23 Item 6. 201 Bolivar Street/PO Box 1729 * Sanger, TX 76266 940-458-2059(office) 940-458-4072(fax) www.sangertexas.org City of Sanger 201 Bolivar / P.O Box 1729 Sanger, TX 76266 940-458-2059 (office) 940-458-4072 (fax) www.sangertexas.org ZONING CHANGE REQUEST PROCESS The process for considering and acting on a request for an amendment to the Official Zoning Map involved the following steps: 1. Pre-Application Consultation: A pre-application consultation with the city staff is recommended for all proposed map amendments. Staff can describe the review process and the criteria used for considering proposed map amendments. 2. Application: The completed application, letter of intent, description of the property, and application fee should be submitted to the Department of Development Services on or before the deadline. 3. Public Notification: State law and the Zoning Ordinance require the public to be notified of the public hearings that the Planning & Zoning Commission and the City Council will conduct on the proposed rezoning. Notice of the public hearing must be published in the newspaper at least fifteen (15) days prior. Notification of the public hearing is also mailed to the owners of the property within 200 feet of the proposed rezoning at least ten (10) days prior. 4. Planning & Zoning Commission: The Planning & Zoning Commission will hold at least one (1) public hearing on the proposed rezoning. The applicant is expected to address the Commission to describe the proposed rezoning and answer questions. During the public hearing, anyone in attendance may address the Commission with comments and questions. City Staff will prepare a report for the Commission and possibly make a recommendation to the Commission. After the public hearing, the Commission will prepare a report making a recommendation to the City Council. 5. City Council: The City Council will hold a separate public hearing on the proposed rezoning. The applicant is expected to address the Council to describe the proposed rezoning and answer questions. During the public hearing, anyone in attendance may address the Council with comments and questions. The City Council can approve the proposed rezoning by adopting an ordinance. SPECIFIC USE PERMIT REQUEST PROCESS The process for considering and acting on a request for a Specific Use Permit is identical to the process for a zoning change. A site plan is required to be submitted along with the application and letter of intent. 24 Item 6. 201 Bolivar Street/PO Box 1729 * Sanger, TX 76266 940-458-2059(office) 940-458-4072(fax) www.sangertexas.org City of Sanger 201 Bolivar / P.O Box 1729 Sanger, TX 76266 940-458-2059 (office) 940-458-4072 (fax) www.sangertexas.org ZONING CHANGE REQUEST CRITERIA The Zoning Ordinance sets the following criteria for the consideration of changes to the Official Zoning Map. In making its determination, the Planning & Zoning Commission shall consider the following factors: 1. Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole. 2. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers and other utilities to the area and shall note the findings. 3. The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unsuitable for development. 4. The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change. 5. The manner in which other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved, and whether such designation for other areas should also be modified. 6. Any other factors which will substantially affect the public health, safety, morals, or general welfare. If the Planning & Zoning Commission recommends denial of the proposed amendment to the Official Zoning Map, a ¾ majority vote of the City Council is required to approve it (four (4) votes to approve from the five (5) City Council members). A request that has been denied may be resubmitted at any time, unless it is denied with prejudice, triggering a one (1) year waiting period. A ¾ favorable vote of the City Council can also be required if the proposed change is properly protested by the owner(s) of twenty percent (20%) of the area to be changed or the area within 200 feet of the proposed change. 25 Item 6. 201 Bolivar Street/PO Box 1729 * Sanger, TX 76266 940-458-2059(office) 940-458-4072(fax) www.sangertexas.org City of Sanger 201 Bolivar / P.O Box 1729 Sanger, TX 76266 940-458-2059 (office) 940-458-4072 (fax) www.sangertexas.org SPECIFIC USE PERMIT CRITERIA In recommending that a Specific Use Permit for the premises under consideration be granted, the Planning & Zoning Commission shall determine that such uses are harmonious and adaptable to building structures and uses of adjacent property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys and sidewalks, means of access to public streets, provisions for drainage, adequate off-street parking, protective screening and open space, heights of structures, and compatibility of buildings. In granting a Specific Use Permit, the City Council may impose conditions which shall be complied with by the owner guarantee before a certificate of occupancy may be issued by the building inspector for use of the building on such property pursuant to such Specific Use Permit; and such conditions precedent to the granting of the certificate of occupancy. No Specific Use Permit shall be granted unless the applicant, owner, and grantee of the Specific Use Permit shall be willing to accept and agree to be bound by and comply with the written requirements of the Specific Use Permit, as attached to the site plan drawing (or drawings) and approved by the Planning & Zoning Commission and City Council. No public hearing is necessary for site plan approval. The Board of Adjustment shall not have jurisdiction to hear, review, reverse or modify any decision, determination or ruling with respect to the granting, extension, revocation, modification to any other action taken relating to such specific use permit. Whenever regulations or restrictions imposed by this ordinance are either more or less restrictive than regulations imposed by any governmental authority through legislation, rule, or regulation, the regulations, rules or restrictions which are more restrictive or impose higher standards or requirements shall govern. Regardless of any other provision of this ordinance, no land shall be used and no structure erected or maintained in violation of any State or Federal pollution control or environmental protection law or regulation. 26 Item 6. 201 Bolivar Street/PO Box 1729 * Sanger, TX 76266 940-458-2059(office) 940-458-4072(fax) www.sangertexas.org City of Sanger 201 Bolivar / P.O Box 1729 Sanger, TX 76266 940-458-2059 (office) 940-458-4072 (fax) www.sangertexas.org GUIDELINES FOR LETTER OF INTENT All rezoning applications should include a Letter of Intent. The Letter of Intent is the applicant’s opportunity to describe and justify the proposed zoning change to the City Staff, the Planning & Zoning Commission, the City Council, and the public at large. The Commission and Council will receive copies of the letter prior to the public hearings. Recommended content for a Letter of Intent: • Describe the area proposed for rezoning. The description can include any or all of the following: o Metes and bounds description, such as a survey o Legal description, such as a tract and abstract, or a lot, block, and subdivision o Physical address o Location (southwest corner of This Street and That Road, across the street from Landmark) o Denton Central Appraisal District reference numbers o Acreage or square footage of property o If only a portion of tract, lot, or property is requested for rezoning, a detailed description of the portion is required. • Identify the current zoning district the property is within • Identify the zoning district the applicant is requesting for the property • Describe the current physical condition of the property, such as existing buildings, parking lots, trees, or unusual features • Describe the reason(s) why the applicant is requesting a rezoning. Review the criteria the city will use to review requested rezoning’s. • Contact information for the applicant or representative. This can be the owner, the prospective buyer, or someone else designated as point of contact. GUIDELINES FOR SITE PLAN OF SPECIFIC USE PERMIT REQUESTS An application for Specific Use Permit (SUP) shall be accompanied by a site plan drawn to scale and showing the general arrangements of the project, together with essential requirements such as: • off-street parking facilities • location and construction of signs • size, height, construction materials and locations of buildings, and uses to be permitted • visual screening such as walls, landscaping, and fences • means of ingress and egress to public streets • the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of two (200) hundred feet. The Planning & Zoning Commission or City Council may require information, operating data, and expert evaluation concerning the location and function and characteristics of any building or use proposed. 27 Item 6. OA+D office of architecture and design 4355 W. Emerald, Suite 110, Boise, Idaho 83706 July 13, 2022 Planning & Zoning City of Sanger, TX 502 Elm Street Sanger, TX 76266 Re: Specific Use Permit (SUP) Jack in the Box – Lot 1, Block 1 Sanger Lodging Addition – Sanger, TX Dear Planning Staff; OA+D is pleased to submit the attached Specific Use Permit Application and supporting materials for a Jack in the Box Restaurant located between Stemmons Road and Maple Street (Lot 1, Block 1, Sanger Lodging Addition) in the B-2 Business District. The proposed 1,879 square foot restaurant is a single story, 23’-2” tall structure with a drive-thru. The proposed drive-thru currently requires an SUP in the B-2 District. The proposed Jack in the Box will be placed at the north side of the site with the drive-thru facing Stemmons Road and Maple Street. The building is oriented with main entries on the south and east elevations. The property is bound to the west by Stemmons Road with a Holiday Inn Express to the south. A number of commercial/restaurant uses exist to the north and east, including: Taco Bell with a drive-thru, Subway, Pizza Hut, Imperial Ale and Spirits, Metro PCS and Fuzzy’s Taco Shop. There is existing cross access at the southwest corner of the site connecting to Stemmons Road. We are proposing a second access point on the east side of the site with a connection to Maple Street to provide efficient and functional vehicular access and circulation. The drive-thru lane will accommodate a 6-car stack. Provisions will be made for a future second drive-thru lane providing an additional 3-4 car stack. A total of 17 parking stalls will be located onsite. The drive-thru will be open 24 hours and the dining room will be open from 6am to 12am. The architectural character of the building is consistent with the current standard Jack in the Box branding. All four building facades incorporate a uniform material palate of exterior tile and stucco along with storefront windows, awnings, modulation, and horizontal and vertical material changes to create a cohesive design. The building will have a flat roof with parapet walls that screen all mechanical equipment from view. We appreciate your consideration of this application and look forward to working with the City of Sanger as the project moves through the development approval process. Please do not hesitate to contact me with any questions you may have or if additional materials are required. Sincerely, Jason Smith, AIA Office of Architecture and Design, PLLC 28 Item 6. PLANNING & ZONING COMMISSION COMMUNICATION DATE: August 8, 2022 FROM: Ramie Hammonds, Development Service Director AGENDA ITEM: Consideration and possible action on a Replat of Lot 6R2-1B, Block A of Sanger Industrial Park Addition, being 1.75 acres, located in the City of Sanger, and generally located on the south west corner of I-35 and FM 455. SUMMARY:  The applicant is proposing to create 1 lot of 1.75 acres from a partially platted tract of land.  The lot currently has access from N Stemmons (I-35 service road) and will have approximately 546 feet of frontage on the public ROW.  The property will be the site of the Quik Trip Convenience Store  ROW was previously dedicated with the road expansions.  The property meets City of Sanger Subdivision Regulations. FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION: Staff recommends APPROVAL. ATTACHMENTS: Location Map Replat Application Letter of Intent 29 Item 7. 22 29 22 22 29 23 24 33 27 57 23 5 22 29 24 23 82 98 97 52 65 25 37 46 24 33 28 56 45 2 30 96 68 77 65 35 20 78 13 77 65 78 20 52 19 I-35 I-35 I-35SERVICE W CHAPMAN DR 601N ST EM MO NSFWY 1401 WCHAPMAN DR 651 NSTEMMONS ST 1406 FM 455 701N ST EM MO NSFWY 551N ST EM MO NSFWY / 0 100 20050 Fe et DISCLA IMER:This map wa s g en e ra te d by GI S da ta p ro vid edby the S anger GIS De pa rtme nt . Th e City o f Sanger does n ot gu a ra n te e the c orrec tne ss oraccuracy of a n y fe a tu re s o n th is ma p. Th ese ma pproducts are fo r illust ra tio n pu rpo se s o n ly an dare not suit ab le fo r site -s pe cific d e cision ma king .GIS dat a is su bje ct to co nst an t cha n ge s, an dmay not be co mple te , a ccu rat e o r cu rren t.Date: 2/21/202 2 3 :1 9:2 4 P MDoc Name: 2 2 SA NZON-0 011 _Qu ic ktrip Varian ce Sub je ctArea City Limits Exhibits Project: 22SANZON-0041Project Name: Quik TripF 30 Item 7. LO T / D E E D L I N E 20 ' B U I L D I N G L I N E CA B . U , P . 4 7 4 P. R . D . C . T . 20 ' B U I L D I N G L I N E CA B . U , P . 4 7 4 P. R . D . C . T . INT E R S T A T E H I G H W A Y 3 5 (V A R I A B L E W I D T H R I G H T - O F - W A Y ) ST A T E O F T E X A S TR A C T N O . 1 7 - 2 - A VO L U M E 4 0 0 , P A G E 2 1 3 D.R . D . C . T . 20' B U I L D I N G L I N E CA B . P , P . 3 4 8 CA B I N E T R , P A G E 3 6 3 P. R . D . C . T . P.O.C. P.O.B. ACCESS EASEMENT (BY SEPARATE INSTRUMENT) 1/2"IRF 1/2"IRF 1/2"CIRF "SUMMIT SURVEYING" 1/2"CIRF BROKEN 1/2"IRF BENT "X"CUT 1/2"CIRF "RPLS 4857" 1/2" IRF 1/2" YELLOW CAP UNREADABLE X CUT X CUT X CUT X CUT 5/8" PINK TXDOT CAP X CUT X CUT 5/8" PINK TXDOT CAP "X" CUT SET 1/2" CIRS "1519 SURVEYING" 25' BUILDING LINE (BY THIS PLAT) 25 ' B U I L D I N G L I N E (B Y T H I S P L A T ) 25 ' B U I L D I N G L I N E (B Y T H I S P L A T ) AC C E S S E A S E M E N T CA B I N E T R , P A G E 3 6 3 P. R . D . C . T . 10' ELECTRICAL EASEMENT CABINET U, PAGE 474 P.R.D.C.T. 10' BUILDING LINE CABINET U, PAGE 474 P.R.D.C.T. 5' ELECTRICAL EASEMENT CABINET U, PAGE 474 P.R.D.C.T. "EXHIBIT C" PARKING, INGRESS/EGRE S S E A S E M E N T VOLUME 4603, PAGE 426 P.R.D.C.T. TXDOT POSSESSION AND U S E AGREEMENT DOCUMENT NO. 110695 O.R.D.C.T. 7.5' UTILITY EASEMENT CABINET P, PAGE 348 P.R.D.C.T. 15' UTILITY EASEMENT CABINET R, PAGE 363 P.R.D.C.T. 15' UTILITY EASEMENT CABINET B, PAGE 327 P.R.D.C.T. RI G H T O F W A Y D E D I C A T I O N CA B I N E T U , P A G E 4 7 4 P. R . D . C . T . "EXHIBIT D" SIGN EASEMENT VOLUME 4603, PAGE 426 P.R.D.C.T. "EXHIBIT G" SLOPE EASEMENT VOLUME 4603, PAGE 426 P.R.D.C.T. TXDOT POSSESSION AND USE AGREEMENT DOCUMENT NO. 110668 O.R.D.C.T. 15' UTILITY EASEMENT CABINET P, PAGE 348 P.R.D.C.T. N8 8 ° 0 8 ' 0 9 " W 4 7 . 6 0 ' N01°55'41"E 123.10' S8 8 ° 0 6 ' 0 8 " E 6 3 . 2 3 ' 25.09' 32.3 6 ' N00°20'03"E 243.63' N8 8 ° 0 8 ' 0 9 " W 2 2 5 . 5 9 ' L=109.58', R=1548.00' D=4°03'21" CB = S86° 38' 17"E CD = 109.56' S8 8 ° 3 9 ' 5 8 " E 45 . 4 7 ' S32° 1 2 ' 0 7 " E 1 3 6 . 3 2 ' S2 4 ° 2 9 ' 0 4 " W 1 1 6 . 5 6 ' S08°55'32" W 1 4 4 . 7 5 ' S8 8 ° 4 0 ' 5 3 " E 3 6 3 . 5 5 ' N00°20'03"E 31.48' REMAINDER OF CALLED 2 ACRES JOHN PORTER AUTO SALES, INC. VOLUME 588, PAGE 337 D.R.D.C.T. REMAINDER LOT 1, BLOCK A ISBELL ADDITION CABINET Y, PAGE 669 P.R.D.C.T. A PORTION OF CALLED 2.758 ACRES CLEAR CREEK RETAIL LLC DOCUMENT NO. 2014-102411 O.R.D.C.T. REMIANDER OF CALLED 3.614 ACRES ELK RIVER-SANGER I, L.P. DOCUMENT NO. 2004-31023 O.R.D.C.T. A PORTION OF LOT 6R-1B SANGER I-35 INDUSTRIAL PARK CABINET R, PAGE 363 P.R.D.C.T. LOT 6R-1C SANGER I-35 INDUSTRIAL PARK CABINET R, PAGE 363 P.R.D.C.T. HIS CHICKEN KNEST LLC LOT 1R-1, BLOCK A SANGER I-35 INDUSTRIAL PARK CABINET U, PAGE 474 P.R.D.C.T. REMAINDER OF FUELCON MANAGEMENT, LLC DOCUMENT NO. 21-1749 R.P.R.D.C.T. REMAINDER LOT A, BLOCK A KWIK KAR ADDITION CABINET P, PAGE 169 P.R.D.C.T. REMAINDER LOT 1, BLOCK A PORTER ADDITION CABINET U, PAGE 76 P.R.D.C.T. REMIANDER OF CALLED 3.614 ACRES ELK RIVER-SANGER I, L.P. DOCUMENT NO. 2004-31023 O.R.D.C.T. ARCHLAND PROPERTY II LP C/O TROY SCHUSTER, SCHUSTER ENTERPRISES, INC LOT 6R-1A SANGER I-35 INDUSTRIAL PARK CABINET R, PAGE 363 P.R.D.C.T. LOT 6R-1C SANGER I-35 INDUSTRIAL PARK CABINET R, PAGE 363 P.R.D.C.T. OWNERSHIP: ZODIAK RANCHES, LTD C/O FAMILY DOLLAR HENRY TIERWESTER SURVEY ABSTRACT NO. 1241 25' BUILDI N G L I N E (BY THIS P L A T ) 154.00' 14 5 . 6 7 ' S18° 4 7 ' 0 3 " W 1 8 0 . 6 4 ' 35' 148. 2 8 ' "EXHIBIT F" OFF SITE IMPROVEMENT A R E A VOLUME 4603, PAGE 426 P.R.D.C.T. A PORTION OF LOT 6R-1B SANGER I-35 INDUSTRIAL PARK CABINET R, PAGE 363 P.R.D.C.T. 1/2"C I R S "BO W M A N P R O P C O R " LOT 6R2-1B, BLOCK A 1.7456 ACRES (76,037± SQUARE FEET) L=2 4 7 . 2 2 ' , R = 5 5 5 4 . 5 8 ' D=2° 3 3 ' 0 0 " CB = S 2 4 ° 0 9 ' 4 2 " W CD = 2 4 7 . 2 0 ' 1/2"CIRS "BOWMAN PROP COR" 1/2"C I R S "BO W M A N P R O P C O R " 1/2"CIR S "BOWM A N P R O P C O R " 30' 17 5 ' 15 0 ' N: 7,182,330.31 E: 2,371,348.29 FA R M T O M A R K E T 4 5 5 (V A R I A B L E W I D T H R I G H T - O F - W A Y ) FO R M E R L Y F M 4 2 5 ST A T E O F T E X A S VO L U M E 3 3 4 , P A G E 4 6 DO C U M E N T N O S . 1 5 3 5 7 8 , 2 0 2 0 - 7 6 2 5 7 , 2 0 2 1 - 7 2 4 5 1 , 7 1 5 6 4 D. R . D . C . T . 59' A PORTION OF CALLED 2.758 ACRES CLEAR CREEK RETAIL LLC DOCUMENT NO. 2014-102411 O.R.D.C.T. "EXHIBIT D-1" 12' RESTRICTED AREA VOLUME 4603, PAGE 426 P.R.D.C.T. AP P R O X I M A T E C E N T E R L I N E AP P R O X I M A T E C E N T E R L I N E Official Public Records Denton County, TexasO.P.R.D.C.T. Plat Records Denton County, TexasP.R.D.C.T. Deed Records Denton County, TexasD.R.D.C.T. DRAWN BY: RAH/OS IRF Iron rod found SHEET 1 OF 2 SHEETS S859E< NOTES 1.BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE (4202), NORTH AMERICAN DATUM OF 1983 (NAD 83). 2.THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT/COMMITMENT. THERE MAY BE EASEMENTS, RESTRICTIONS, AND/OR COVENANTS AFFECTING THIS PROPERTY, NOT SHOWN HEREON. 3.THE PURPOSE OF THIS PLAT IS TO CREATE 1 LOT FROM THE PARENT TRACT AND LOT AND REMOVE THE BUILDING LINE FROM INTERIOR LOT LINE. R.O.W.Right-of-Way POB Point Of Beginning Calculated Corner Deed/Adjoiner Lines Plat Perimeter Property Corner (As Noted) CONTROL LEGEND EXISTING FEATURES LEGEND ABBREVIATION LEGEND SIGN AS NOTED LP LIGHT POLE KVT KILOVOLT TOWER WWMH WASTEWATER MANHOLE WMH WATER MANHOLE WV WATER VALVE WM WATER METER FH FIRE HYDRANT SMH SANITARY MANHOLE FL FLOW LINE TN TOP NUT RCP REINFORCED CONCRETE PIPE SSMH SANITARY SEWER MANHOLE Edge Of Concrete Edge Of Asphalt Curb Line Storm Sewer Line (>12") Storm Sewer Line (<12") Sanitary Sewer Line Overhead Electric LINE TABLE Fence Line © 2021 Bowman Consulting Group, Ltd. Phone: (214) 484-8586 www.bowman.com1200 West Magnolia Blvd., Suite 300 Fort Worth, TX 76104 TBPELS #10120600 N 30 15 0 30 60 LOCATION MAP NOT TO SCALE 35 SITE SCALE: 1" = 30' @ 24X36 REPLAT LOT 6R2-1B SANGER INDUSTRIAL PARK ADDITION BEING A REPLAT OF LOT 6R-1B SANGER INDUSTRIAL PARK ADDITION CABINET R, PAGE 363 P.R.D.C.T. AND A PORTI0ON OF ELK RIVER-SANGER I, L.P. DOCUMENT NO. 2004-31023 O.R.D.C.T. BEING 1.75 ACRES SITUATED WITHIN THE HENRY TIERWESTER SURVEY, ABSTRACT NO. 1241 CITY OF SANGER, DENTON COUNTY, TEXAS DATE OF PREPARATION IS 06/06/2022 TOTAL NUMBER OF LOTS: 1 OWNERS: CLEAR CREEK RETAIL LLC . PO BOX 170, GAINESVILLE, TX, 76241-0170 PREPARED BY: Bowman Consulting Robert A. Hansen, RPLS, LSLS rhansen@bowman.com 1200 West Magnolia Avenue, Suite 300 Fort Worth, TX. 76104 214.484.8586 Ext. 7212 ENGINEER: Kirkman Engineering Jonathan E. Schindler 5200 State Highway 121 Colleyville, TX. 76034 817.488.4960 OWNER/SUBDIVIDER MESA REAL ESTATE PARTNERS, LP STEVE SCHMITZ 211 WEST CALIFORNIA STREET PO BOX 388 GAINESVILLE, TEXAS 76241 940.736.1547 31 Item 7. OWNER'S DEDICATION State of Texas County of Denton I (we), the undersigned, owner(s) of the land shown on this plat within the area described by metes and bounds as follows: BEING a 1.7456 acre tract of land situated in the Henry Tierwester Survey, Abstract No. 1241, City of Sanger, Denton County, Texas, being a portion of a called 2.758 acre tract of land as described in the deed to Clear Creek Retail, LLC recorded under Document No. 2014-102411 of the Official Public Records of Denton County, Texas and being a portion of Lot 6R-1B of the plat designated as “Resubdivision Plat - Lot 6R-1A, 6R-1B, 6R-1C, of Sanger I-35 Industrial Park” recorded in Cabinet R, Page 363 of the Plat Records of Denton County, Texas. Said 1.7456 acre tract of land surveyed on the ground in 2021 under the direction and supervision of Robert A. Hansen, Registered Professional Land Surveyor No. 6439 (the Basis of Bearings for this survey is GRID North as established by GPS utilizing the Texas Coordinate System of 1983, North Central Zone) and being more particularly described by metes and bounds as follow: COMMENCING at a 1/2-inch capped iron rod stamped “RPLS 4857” found at the intersection of the south right of way line of Farm to Market Road 455, a variable width right of way, as described in the deed to the State of Texas recorded in Volume 334, Page 46 of the Deed Records of Denton County, Texas with the west right of way line of Interstate Highway 35, a variable width right of way, as described in the deed to the State of Texas recorded in Volume 400, Page 213 of said Deed Records and being the beginning of a non-tangent curve; THENCE southerly, coincident with the west right of way line of said Interstate Highway 35 and said non-tangent curve, concave to the northwest, having a radius of 5554.58 feet and a chord bearing and distance of SOUTH 24 degrees 09 minutes 42 seconds WEST, 247.20 feet, an arc length of 247.22 feet to an “X” cut set at a salient corner of the west right of way line of said Interstate Highway 35; THENCE SOUTH 18 degrees 47 minutes 03 seconds WEST, with the west right of way line of said Interstate Highway 35, passing at 32.36 feet a 1/2-inch bent iron rod found at the northeast corner of said Lot 6R-1B, continuing for a total distance of 180.64 feet to an “X” cut found at the east common corner of said Lot 6R-1B and Lot 6R-1A of said “Resubdivision Plat - Lot 6R-1A, 6R-1B, 6R-1C, of Sanger I-35 Industrial Park”; THENCE NORTH 88 degrees 08 minutes 09 seconds WEST, 47.60 feet with the common line of said Lots 6R-1A and 6R-1B, to an “X” cut found at its intersection with the west line of a TXDOT Possession and Use Agreement as described under Document No. 110668 of said Official Public Records and being the POINT OF BEGINNING; THENCE NORTH 88 degrees 08 minutes 09 seconds WEST, 225.59 feet with the common line of said Lots 6R-1A and 6R-1B to a 1/2-inch capped iron rod with a broken cap found at the west common corner of Lots 6R-1A and 6R-1B and being on the east line of Lot 6R-1C of said “Resubdivision Plat - Lot 6R-1A, 6R-1B, 6R-1C, of Sanger I-35 Industrial Park”; THENCE NORTH 01 degree 55 minutes 41 seconds EAST, 123.10 feet with the common line of said Lots 6R-1C and 6R-1B to a 1/2-inch capped iron rod found at the northerly common corner of said Lots 6R-1C and 6R-1B and being on the south line of Lot 1R-1, Block A of the plat designated as “Sanger I-35 Industrial Park, Lot 1R-1, 1R-2, 2R-1, Block A” recorded in Cabinet U, Page 474 of said Plat Records; THENCE SOUTH 88 degrees 06 minutes 08 seconds EAST, 63.23 feet with the common line of said Lot 1R-1 and Lot 6R-1B to a 1/2-inch iron rod found at a re-entrant corner of said Lot 6R-1B and being the southeast corner of said Lot 1R-1; THENCE NORTH 00 degrees 20 minutes 03 seconds EAST, with the common line of said Lot 6R-1B and Lot 1R-1, passing at 25.09 feet a 1/2-inch iron rod found at the northwest corner of said Lot 6R-1B, continuing with the east line of said Lot 1R-1 and the west line of said called 3.614 acre tract of land a total distance of 243.63 feet to a 5/8-inch pink capped iron rod stamped “TXDOT SURVEY MARKER RIGHT OF WAY MONUMENT” found at its intersection with the south line of the TXDOT Possession and Use Agreement as described under Document No. 110695 of said Official Public Records and being the beginning of a non-tangent curve, from which a 1/2-inch capped iron rod stamped "1519 SURVEYING" set at the northwest corner of said called 3.614 acre tract of land and being on the south right of way line of said Farm to Market Road 455 bears NORTH 00 degrees 20 minutes 03 seconds EAST, 31.48 feet; THENCE the following four (4) calls coincident with the southerly and easterly line of said TXDOT Possession and Use Agreement recorded under Document No. 110695: 1.easterly, with said non-tangent curve, concave to the north, having a radius of 1548.00 feet and a chord bearing and distance of SOUTH 86 degrees 38 minutes 17 seconds EAST, 109.56 feet, an arc length of 109.58 feet to a 1/2-inch capped iron rod stamped "BOWMAN PROP COR" set; 2.SOUTH 88 degrees 39 minutes 58 seconds EAST, 45.47 feet with the south line of said TXDOT Possession and Use Agreement to a 1/2-inch capped iron rod stamped "BOWMAN PROP COR" set; 3.SOUTH 32 degrees 12 minutes 07 seconds EAST, 136.32 feet to a 1/2-inch capped iron rod stamped "BOWMAN PROP COR" set; 4.SOUTH 24 degrees 29 minutes 04 seconds WEST, 116.56 feet to a 1/2-inch capped iron rod stamped "BOWMAN PROP COR" set at the west common corner of said TXDOT Possession and Use Agreement recorded under Document No. 110695 and said TXDOT Possession and Use Agreement recorded under Document No. 110668; THENCE SOUTH 08 degrees 55 minutes 32 seconds WEST, 144.75 feet with the west line of said TXDOT Possession and Use Agreement recorded under Document No. 110668 to the POINT OF BEGINNING, containing 1.7456 acres (76,037± square feet). NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: THAT CLEAR CREEK RETAIL, LLC, acting herein by and through its duly authorized officer, does hereby adopt this plat designating the hereinabove described property as _____________________ (lot/block/subdivision), an addition to the City of Sanger, Texas, and does hereby dedicate to the public use forever by fee simple title, free and clear of all liens and encumbrances, all streets, thoroughfares, alleys, fire lanes, drive aisles, parks, and watercourses, and to the public use forever easements for sidewalks, storm drainage facilities, utilities and any other property necessary to serve the plat and to implement the requirements of the subdivision regulations and other City codes and do hereby bind ourselves, our heirs, successors and assigns to warrant and to forever defend the title on the land so dedicated. Further, the undersigned covenants and agrees that he/she shall maintain all easements and facilities in a state of good repair and functional condition at all times in accordance with City codes and regulations. No buildings, fences, trees, shrubs, or other improvements or growths shall be constructed or placed upon, over, or across the easements as shown, except that landscape improvements may be installed, if approved by the City of Sanger. The City of Sanger and public utility entities shall have the right to access and maintain all respective easements without the necessity at any time of procuring permission from anyone. WITNESS MY HAND this ____________ day of _______________, 2022. _______________________________________, Owner Clear Creek Retail, LLC. By: ________________________________________________________________ Signature Name Title STATE OF TEXAS § COUNTY OF DENTON § BEFORE me, the undersigned authority, a Notary Public for the State of Texas, on this day personally appeared _____________________, known to me to be the person whose name is subscribed to the forgoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE this the_____,day of______________, 2022 ___________________________________________ Notary Public in and for the State of Texas SURVEYOR'S STATEMENT I, Robert A. Hansen, a Registered Professional Land Surveyor, licensed by the State of Texas, affirm that this plat was prepared under my direct supervision, from recorded documentation, evidence collected on the ground during field operations and other reliable documentation; and that this plat substantially complies with the Rules and Regulations of the Texas Board of Professional Land Surveying, and that the digital drawing file accompanying this plat is a precise representation of this Signed Final Plat. Dated this the _____ day of _________________________, 2022. ____________________________________________________ Robert A. Hansen LSLS & Registered Professional Land Surveyor No. 6439 STATE OF TEXAS § COUNTY OF DENTON § BEFORE me, the undersigned authority, a Notary Public for the State of Texas, on this day personally appeared Robert A. Hansen, known to me to be the person whose name is subscribed to the forgoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _____ day of ______________, 2022. ___________________________________________ Notary Public in and for the State of Texas RELEASED FOR REVIEW PURPOSES ONLY FOR THE CLIENT AND CITY. 2022-08-03 PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. STAN'A5' PLAT NOTES 1.LOT TO LOT DRAINAGE WILL NOT BE ALLOWED WITHOUT ENGINEERING SECTION APPROVAL. 2.TXDOT approval may be required for any driveway modification or new access points. 3.All lots comply with the minimum size requirements of the zoning district. 4.This property may be subject to charges related to impact fees and the applicant should contact the City regarding any applicable fees due. 5.All common areas, drainage easements, and detention facilities will be owned and maintained by the HOA/POA. Any common area within the City's right-of-way will require a facilities agreement, to be reviewed and approved by the City. 6.Notice - selling a portion of this addition by metes and bounds is a violation of City ordinance and State Law and is subject to fines and withholding of utilities and building permits. 7.This plat does not alter or remove existing deed restrictions, if any, on this property. 8.Minimum finished floor elevations are at least 2 feet above the 100 year flood plain. 9.The subject property does not lie within a 100-year floodplain according to Community Panel No. 210 of 750 dated April 18, 2011. LOCATION MAP NOT TO SCALE 35 SITE PREPARED BY: Bowman Consulting Robert A. Hansen, RPLS, LSLS rhansen@bowman.com 1200 West Magnolia Avenue, Suite 300 Fort Worth, TX. 76104 214.484.8586 Ext. 7212 S859E< NOTES 1.BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE (4202), NORTH AMERICAN DATUM OF 1983 (NAD 83). 2.THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT/COMMITMENT. THERE MAY BE EASEMENTS, RESTRICTIONS, AND/OR COVENANTS AFFECTING THIS PROPERTY, NOT SHOWN HEREON. 3.THE PURPOSE OF THIS PLAT IS TO CREATE 1 LOT FROM THE PARENT TRACT AND LOT AND REMOVE THE BUILDING LINE FROM INTERIOR LOT LINE. Approved and Accepted ______________________________________________________ ______________________________ Chairman, Planning & Zoning Commission Date City of Sanger, TX ______________________________________________________ ______________________________ Mayor Date City of Sanger, TX Attested by ______________________________________________________ ______________________________ City Secretary Date City of Sanger, TX" ENGINEER: Kirkman Engineering Jonathan E. Schindler 5200 State Highway 121 Colleyville, TX. 76034 817.488.4960 DRAWN BY: RAH/OS SHEET 1 OF 2 SHEETS © 2021 Bowman Consulting Group, Ltd. Phone: (214) 484-8586 www.bowman.com 1200 West Magnolia Blvd., Suite 300 Fort Worth, TX 76104 TBPELS #10120600 REPLAT LOT 6R2-1B SANGER INDUSTRIAL PARK ADDITION BEING A REPLAT OF LOT 6R-1B SANGER INDUSTRIAL PARK ADDITION CABINET R, PAGE 363 P.R.D.C.T. AND A PORTI0ON OF ELK RIVER-SANGER I, L.P. DOCUMENT NO. 2004-31023 O.R.D.C.T. BEING 1.75 ACRES SITUATED WITHIN THE HENRY TIERWESTER SURVEY, ABSTRACT NO. 1241 CITY OF SANGER, DENTON COUNTY, TEXAS DATE OF PREPARATION IS 06/06/2022 TOTAL NUMBER OF LOTS: 1 OWNERS: CLEAR CREEK RETAIL LLC . PO BOX 170, GAINESVILLE, TX, 76241-0170 OWNER/SUBDIVIDER MESA REAL ESTATE PARTNERS, LP STEVE SCHMITZ 211 WEST CALIFORNIA STREET PO BOX 388 GAINESVILLE, TEXAS 76241 940.736.1547 UTILITY PROVIDERS CITY OF SANGER WATER 940-458-2571 COSERV ELECTRIC 800-274-4014 PO Box 734803, Dallas TX 75373 ATMOS ENERGY 888-286-6700 P.O. Box 650205 Dallas, Texas 75265 AT&T TELEPHONE 800-288-2020 208 S Akard Street, Suite 2954 Dallas, Texas 75202 32 Item 7. 33 Item 7. 34 Item 7. 35 Item 7. 36 Item 7. 37 Item 7. 38 Item 7. 39 Item 7. City of Sanger Developmental Services 502 Elm Street P.O. Box 1729 Sanger, Texas 76266 Project Narrative: QuikTrip is formally requesting a Final Plat approval from the City of Sanger upon plat application submittal through Planning and Zoning Commission and City Council per City of Sanger Code of Ordinances Chapter 10, Section 10.104 Procedure, Subsection (d) Final Plat & 10.105 General Plat Requirements. QuikTrip South LLC currently leases the property on the Southwest corner of I-35E frontage/Stemmons Freeway & FM 455/West Chapman Drive. Also addressed as 701 North Stemmons Freeway or: Tract 1 Legal Description: A1241A TIERWESTER, TR 126, 1.806 ACRES, OLD DCAD SHT 4, TR 2. Tract 2 Legal Description: SANGER I-35 INDUSTRIAL PARK LOT 6R-1B Respectfully, ______________________ Real Estate Project Manager QuikTrip Corporation Corey Vaughan . 40 Item 7.