12-31-18-Ordinance-Rezoning 0.25 acres from Agricultural to Business District B-2-12/03/2018ORDINANCE # 12-31-18
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
REZONE APPROXIMATELY 0.258 ACRES OF LAND FROM "A" AGRICULTURAL TO
"B-2" BUSINESS DISTRICT-2; 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 Changes in Zoning Classifications 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 zoning classification changes 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 certain approximately 0.258-acre site as described in Exhibit A, and
generally located approximately 185 feet east of Sanger West Boulevard and approximately 45
feet north east of Acker Street is subject to this ordinance.
SECTION 2. The zoning classification on the herein above described property is hereby
changed from "A" Agricultural to "B-2" Business District-2 as illustrated in Exhibit B.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are, to the extent
of such conflict, hereby repealed.
SECTION 4. It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any
word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same
would have been enacted by the City Council without the incorporation in this Ordinance of any
such unconstitutional word, phrase, clause, sentence, paragraph, or section.
SECTION 5. Any person, firm or corporation who shall violate any of the provisions of
this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance
with the general penalty provision found in The Code of Ordinances, Section 1.109 General
Penalty for Violations of Code.
SECTION 6. This ordinance will take effect immediately from and after its passage and
the publication of the caption, as the law and Charter in such cases provide.
DULY PASSED, APPROVED AND ADOPTED by the City Council of t e City of
Sanger, Texas, on this _ - &n day of Q)��6VEIJ
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ATTEST:
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Cheryl P ce, City Secretary
E. Muir, Mayor
EXHIBIT A: Ordinance # 12-31-18
s Dominion
Engineering Associates, L.C.
Legal Description For Additional Property
O'Reilly Auto Enterprises, LLC Site
1501 W. Chapman Drive
Sanger, TX
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN IN THE HENRY
TIERWESTER SURVEY, A-1241, DENTON COUNTY, TEXAS, BEING A 0.258 ACRE
PORTION OF "TRACT 1" DESCRIBED IN THAT WARRANTY DEED RECORDED IN D.C.C.I. .
NO. 2001-6340M, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE 5/8 INCH CAPPED IRON ROD WITH ORANGE CAP MARKED "RPLS
5236" FOUND MARKING NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED
IN A DEED TO O'REILLY AUTOMOTIVE, INC., RECORDED IN INSTRUMENT NO.2007-
99372, OFFICIAL RECORDS, DENTON COUNTY, TEXAS, SAID POINT ALSO BEING ON
THE EAST LINE OF SAID "TRACT I"; THENCE ALONG THE EAST LINE OF SAID "TRACT
1", BEING ALSO THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN A DEED TO
O'REILLY AUTOMOTIVE, INC., SOUTH 01 °40' 32" WEST 151.69 FEET TO A 5/8 INCH
CAPPED IRON ROD WITH PINK PLASTIC CAP MARKED "TXDOT SURVEY MARKER,
RIGHT-OF-WAY MONUMENT" FOUND MARKING THE NORTHEAST CORNER OF THAT
88,460 SQUARE FOOT PARCEL OF LAND SHOWN ON THAT "A PLAT OF SURVEY OF
PARCEL 73 FOR FARM TO MARKET HIGHWAY 455 — A 88,460 SQ. FF. (2.0308 AC.) TRACI
OF LAND IN THE HENRY TIERWESTER SURVEY ABSTRACT NO. 1241 CITY OF SANGER,
DENTON COUNTY, TEXAS, MARCH 30, 2017", BY SPOONER & ASSOCIATES, INC., TBPL5
FIRM NO. 10054900, AND A POINT OF NON -TANGENCY WITH A 982.00 FOOT RADIUS
CURVE, CONCAVE NORTHEASTERLY (THE RADIUS POINT BEARING NORTH 02°48'08"
EAST); THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID 88,460 SQUARE
FOOT PARCEL OF LAND, BEING THE NORTHERLY RIGHT OF WAY LINE OF FARM TO
MARKET HIGHWAY NO.455, AND ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 04043'04" AND AN ARC LENGTH OF 75.14 FEET, TO THE WEST
LINE OF THE EAST 75.00 FEET OF SAID "TRACT I"; THENCE ALONG SAID LINE, NORTH
01 040'32" EAST 147.10 FEET TO THE WESTERLY EXTENSION OF THE NORTH LINE OF
SAID DEED TO O'REILLY AUTOMOTIVE, INC.; THENCE ALONG SAID LINE, SOUTH
88030' 17" EAST 75.00 FEET TO THE POINT OF BEGINNING.
CONTAINS 11,241 SQUARE FEET OR 0.258 ACRE, MORE OR LESS.
DESCRIPTION PREPARED BY
JAMES V. WEHDE, PLS
TEXAS REGISTRATION NO. 6133
10 WEST LAND SURVEYING
& MAPPING, INC.
410 S FOREST GLEN BLVD.
POST FALLS, ID 83854
5684 S. Green Street Murray, Utah 84123 • (801)713-3000 • FAX (801)713-3030
EXHIBIT B: Ordinance # 12-31-18
N Zoning Exhibit - Oreilly Auto Parts Parking Rezone
BANGER Case #: 18SANZON-0061 O==aMEa
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Ordinance #: �• _ -,„ „,A.w c _
0 50 100 200 Feet
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PROPOSED PARKING ADD
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PROPOSED PROPERTY LINE
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O'REILLY AUTO PARTS; CHAPMAN DR, SANGER, TX
EXHIBIT A. CONCEPT PARKING LOT ADDITION PLAN