03-10-20-Ordinance-Specific Use Permit allowing Quick Services Food and Beverage Shop for 5 years-04/06/2020ORDINANCE # 03-10-20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON
COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND
THE OFFICIAL ZONING MAP ESTABLISHED THROUGH CHAPTER 14 "PLANNING
AND ZONING" OF THE CODE OF ORDINANCES, EXHIBIT A "ZONING ORDINANCE
OF THE CITY OF SANGER, TEXAS", AND SECTION 4 "ZONING DISTRICT MAP", TO
GRANT A SPECIFIC USE PERMIT (SUP) TO ALLOW A QUICK SERVICES FOOD AND
BEVERAGE SHOP LOCATED AT 203 EAST CHAPMAN DRIVE AT APPROXIMATELY
4.9461 ACRES OF LAND ZONED AS INDUSTRIAL DISTRICT (I-1); PROVIDING FOR
THE REPEAL OF ALL ORDINANCES IN CONFLICT; 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 FOR AN EFFECTIVE DATE.
WHEREAS, all Requests for A Specific Use Permit (SUP) were duly filed with the City
of Sanger, Texas, concerning the hereinafter described properties;
WHEREAS, due notice of hearings were made in the time and manner prescribed by law
and the Planning and Zoning Commission of the City of Sanger, Texas, duly covered and
conducted public hearing for the purpose of assessing a request for a Specific Use Permit (SUP)
on the hereinafter described properties located in the City of Sanger, Texas;
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 Services Food and
Beverage Shop use is hereby granted for a period of five (5) years starting from the date of approval
of the SUP by City Council. This is an approximately 4.946-acre site, described as A0029A
R.BEEBE, TR 66(PT), 4.946 Acres, OLD DCAD SHT 4, TR 2 and shown in Exhibit A, generally
located north of the intersection of FM 455 and Sable Creek Blvd, with the following conditions:
1. The SUP will expire at the time of development of any development of the parcel/property,
or 5 years after going into effect, whichever is less.
2. The SUP will expire upon abandonment of the quick service food and beverage shop for a
period of ninety (90) days.
3. No vehicles parking will be permitted within thirty (30) feet of the right-of-way of
Chapman Drive.
4. No night time operation of the business is permitted without adequate lighting.
5. The site must fully mitigate the effects of traffic and parking on the site, maintaining the
site in day one conditions throughout life of the SUP.
6. Maximum building site of 128 square feet.
7. Minimum setback between building and parking area of fifteen (15) feet.
8. A wooden walkway or other approval surface must be provided between building and
parking area.
SECTION2. All ordinances or parts of ordinances in conflict herewith are, to the extent
of such conflict, hereby repealed.
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.
DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of
Sanger, Texas, on this day of
4,0
APPROVED:
Thomas E. Muir, Mayor
ATTEST: exN
Cheryl *re, City Secretary