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02-04-24-Ordinance-Approving a Special Use Permit allowing a Farmers Market-02/05/2024 CITY OF SANGER,TEXAS ORDINANCE No 02-04-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, REGARDING A SPECIFIC USE PERMIT TO ALLOW A FARMERS MARKET AT THE CORNER OF SOUTH STEMMONS FRWY AND WOOD STREET,ON THE WEST END OF 817 ACRES OF LAND DESCRIBED AS A1241A TIERWESTER,TR 165, 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 1109 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 mumcipahty regulated by state law and Charter, and WHEREAS,the City Council finds it necessary for the public health, safety and welfare that development occur m 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 January 8, 2024, 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 Farmer's Market on the west end of 8 17 acres of land zoned Business District 2 (B-2)use is hereby granted for the property described as A1241A TIERWESTER,TR 165 further described in Exhibit A with the following conditions 1 The market will operate Saturday and Sunday the 1st and 3rd weekends of each month from mid-March to early December 2 The Specific Use Permit(SUP) will expire two years from the date of approval 3 Products offered at the market will comply with the state guidelines for farmer's markets Ordinance 02-04-24—SUP—South West Corner of South Stemmons and Wood Street—Farmer's Market Page 1 of 2 4. If the ownership of the farmer's market changes, the new owner will re-apply for the Specific Use Permit(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 5th day of February,2024. `'k • • Qom'- APPROVED: ATTEST: _ � . = Thomas E.Muir,Mayor auvafrE ��i r r AP O D O FO Kell E-ClWaits, CitySecretary rY ug Col a , Ci y Ordinance 02-04-24—SUP—South West Corner of South Stemmons and Wood Street—Farmer's Market Page 2 of 2 Exhibit A Ordinance 02-04-24 tae-. :A boYette fie\tok Account Property ID 56592 Legal Description A1241 A TIERWESTER TR 165 8 17 ACRES OLD DCAD SHT 3 TR 1 Geographic ID A1241A-000-0165-0000 Zoning. Type Real Agent Code Property Use Code AA002 Property Use Description EXEMPT- COMMON AREA- REFERENCE Location Address 135 &WOOD ST Mapsco SANGER TX 76266 Neighborhood Exemption 11 11 1SD Schools Map ID SA03 Neighborhood CD EX11 11 ISD Owner Name SANGER [SD Owner ID 68074 Mailing Address I 601 ELM ST % Ownership 100 0000000000% SANGER TX 76266-9635 Exemptions EX-XV ORD 02-04-24 - Page 1 of 1 [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 3555 Duchess Drive (940) 387-7755 I, Kevin King, 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 1 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: Feb. 9, 2024 Feb. 13, 2024 Notice ID: nSMgbt1idM4TRvzHIVes Notice Name: ORD 02-04-24 PUBLICATION FEE: $96.08 I declare under penalty of perjury that the foregoing is true and correct. [$signersig ] ______________________________ [$seal] Agent VERIFICATION State of New Jersey County of Hudson Signed or attested before me on this: [$date] [$notarysig ] ______________________________ Notary Public [$disclosure] AFFIDAVIT OF PUBLICATION Notarized remotely online using communication technology via Proof. 02/13/2024