09-24-23-Ordinance-Specific Use Permit Quick Service Food 904 5th Street Oscars-09/05/2023CITY OF SANGER, TEXAS
ORDINANCE No. 09-24-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON
COUNTY, TEXAS, REGARDING A SPECIFIC USE PERIYHT TO ALLOW A QUICK
SERVICE FOOD AND BEVERAGE SHOP AT 904 S 5TH STREET IN THE PARKING LOT
OF THE COTTON PATCH CENTER ON APPROXIMATELY 0.291 ACRES OF LAND
DESCRIBED AS A1241A TIERWESTER, TR 240; 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 Wile 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 14, 2023, 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
use is hereby granted for a period of one (1) year starting from the date of approval of the SUP by
City Council. This is an approximately 0.291-acre site, described as A 1241 A Tierwester and
shown in Exhibit A, located at 904 S 5"' Street, approximately 183 feet east of the intersection of
5"' Street and Freese Drive,
1. The SUP will expire 1 year after going into effect
2. The SUP will expire upon abandonment of the quick service food and beverage shop
for a period of ninety (90) days.
Ordinance —SUP —Quick Service Food and Beverage —Oscar's Tacos
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3. No vehicle parking will be permitted within thirty (30) feet of the right-of-way of 5th
Street.
4. No night 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 condition throughout the 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. All necessary health permits will be maintained throughout the life of the SUP.
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. 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
Sth day of September 2023.
O N
-i ' a 0 .
ATTEST:
,l TC X
Kelly dw , City Secretary
APPROVED:
Thomas E. Muir, Mayor
Coleman, City Attorney
Ordinance —SUP —Quick Service Food and Beverage —Oscar's Tacos
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ORD 09-24-23 & ORD 09-25-23 - Page 1 of 2
[def:$signername|printname|req|signer1] [def:$signersig|sig|req|signer1] [def:$notarysig|sig|req|notary] [def:$date|date|req|notary] [def:$state|state|req|notary] [def:$county|county|req|notary] [def:$disclosure|disclosure|req|notary] [def:$seal|seal|req|notary]Denton Record-Chronicle
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I, Bailee Liston, of lawful age, being duly sworn upon oath depose and say
that I am an agent of Column Software, PBC, duly appointed and
authorized agent of the Publisher of Denton Record-Chronicle, a
publication that is a "legal newspaper" as that phrase is defined for the city
of Denton, for the County of Denton, in the state of Texas, that this affidavit
is Page 1 of 2 with the full text of the sworn-to notice set forth on the pages
that follow, and that the attachment hereto contains the correct copy of
what was published in said legal newspaper in consecutive issues on the
following dates:
PUBLICATION DATES:
16 Sep 2023
19 Sep 2023
Notice ID: eO0dgi76IEfE2UQl5zYJ
Notice Name: ORD 09-24-23 & ORD 09-25-23
PUBLICATION FEE: $170.00
I declare under penalty of perjury that the foregoing is true and correct.
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______________________________ [$seal]
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VERIFICATION
State of Florida
County of Orange
Signed or attested before me on this: 09/19/2023
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ORD 09-24-23 & ORD 09-25-23 - Page 2 of 2