06-20-1992 (Planning & Zoning) Agenda Packet DATE POSTED 7-17-92
TIME POSTED 9:00 A.M.
AGENDA
REGULAR MEETING OF THE PLANNING & ZONING COMMISSION
MONDAY, JULY 20 , 1992
6:30 PM. - COUNCIL CHAMBERS
WYLIE MUNICIPAL COMPLEX
2000 HIGHWAY 78 NORTH
CALL TO ORDER:
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 . ) Oath of office for Richard Eckman.
2 . ) Election of Chairman and Vice
Chairman for the 1992-1993 year .
3 . ) 1-3 Consider approval of minutes of
the July 6 , 1992 meeting.
4. ) 4-21 Convene into workshop for the
following purposes : 1) View the 40
minute video titled "The role and
responsibilities of the planning
commissinor" . 2 . ) Central Business
District Concept . 3 . ) Planning
Commissioner future goals .
5 . ) Reconvene into the Regular Business
Meeting . Consider any action
relative to the workshop .
6 . ) CITIZEN PARTICIPATION :
In accordance with the Open
Meetings Act , any Board
Commission of the City of Wylie
will hear comments of Public
interest from residents and
pertaining to items within the
jurisdiction of the seated
Board. Remarks will be limited ,
to placing the item on a future
agenda for consider - action.
Remarks must be limited to not
more than five (5) minutes .
7 . ) Adjourn.
MEMORANDUM •
•
TO: STEVE NORW00D, CITY MANAGER
MAYOR
CITY COUNCIL
AND STAFF
FROM: RICK HERhBERGER, BUILDING ..OFF.LG.IMAt
DATE: JULY 14, 1992
SUBJECT: PLANNING VIDEO
I have been fortunate in acquiring a MVP Award Winning Video Tape
from the American Planning Association, for a two week period, at
a cost of only $4.00. This tape has been viewed throughout the
United States by Mdyors, Councilmen, P&Z Commissions, StaWand
citizens who are dhticipating the preparation of a Comprehensive
Master Plan. You are cordially invited to view this very important
Video on Monday, July 20 , at 6:30 P.M. , in the Council Chambers.
The viewing of this Video will coincide with the P&Z workshop scheduled
for that evening and will last 40 minutes. Feel free to bring any
citizen with you, as their understanding of a comprehensive Plan
is of vital importance.
MINUTES
PLANNING AND ZONING COMMISSION
CITY OF WYLIE
MONDAY, JULY 6, 1992
The City of Wylie Planning and Zonina Commission met in regular
session at 6: 30 PM. Monday , June 6 . 1992 in the Council Chambers
of the Municipal Complex. A quorum was present and a notice was
posted in the time and manner required by law. Those present
were Gilbert Welch, Mike Hawkins , Cleo Adams ,Billy Mills , Bart
Peddicord and Bobby Jennings . Staff members present were
Building Official ; Rick Herzberger and Secretary: Nita Sims .
Those absent : Marvin Blakey.
OATH OF OFFICE:
Notary Public, Nita Sims , swore in the two new members , Bart
Peddicord and Bobby Jennings as required by law. All required
Oaths were signed by the new members and notarized.
ITEM NO. 1 - CONSIDER APPROVAL OF MINUTES OF MAY 18 , 1992 : A
motion was made by Cleo Adams and seconded by Billy Mills to
approve the minutes as submitted with no additions or
corrections . Motion carried, all in favor. ( 6 votes)
ITEM NO. 2 - ELECTION OF CHAIRMAN AND VICE CHAIRMAN FOR THE
1992-1993 YEAR: Mike Hawkins nominated Gilbert Welch for
Chairman. Bobby Jennings nominated Bart Peddicord for Chairman.
A vote was taken on each nomination with a 3 to 3 tie vote. The
members will vote during the next regular business meeting when 7
members are present . At that time the Vice Chairman will be
elected also. A motion was made to allow Gilbert Welch to
continue as Vice Chairman in order to conduct this meeting.
Motion carried, all in favor ( 6 Votes)
ITEM NO. 3 - YEARLY REVIEW AND FUTURE GOALS BY RICK HERZBERGER:
Rick reviewed the last year recommendation and actions by the
Planning and Zoning Commission, as outlined in the agenda packet .
Rick also presented the staff 's future goals and asked the
Planning and Zoning Members to submit their goals for the next
year, during the July 20 , 1992 meeting.
ITEM NO. 4 - CONDUCT PUBLIC HEARING FOR THE PURPOSE OF
CONSIDERING A ZONE CHANGE AND MAP AMENDMENT OF THE FOLLOWING
PROPERTY: [Lot 13 , 14,15 of Block 3 of the Brown and Burns
Addition (301 N. Ballard) SF-3 to Retail . ] Vice Chairman Welch
first explained rules and regulations for a Public Hearing. Vice
Chairman Welch then opened the Public Hearing. Rick Herzberger
started by reading the names of the property owners who responded
to the written notification, 8 letters for the rezoning and 4
against the rezoning of 17 letters mailed. Vice Chairman Welch
asked if anyone wished to speak. Citizens that spoke regarding
the rezoning: James Parker of 306 North Ballard spoke against
the rezoning. Raymond Cooper of 301 Dogwood spoke in favor of
the rezoning . Rita Smith of 401 North Ballard spoke against
the rezoning. marie Dillehay of 307 North Ballard spoke against
the rezoning . Bill Lewis of Birmingham Land and Trust spoke in
favor of the zoning change.
ITEM NO. 5 - CLOSE PUBLIC HEARING: Vice Chairman Welch closed
the Public Hearing .
ITEM NO. 6 - CONSIDER RECOMMENDATION TO THE CITY COUNCIL OF
THE ZONE CHANGE AND MAP AMENDMENT FOR ZONE CHANGE OF THE
FOLLOWING PROPERTY: [ Lots 13 , 14 , 15 of Block 3 of the Brown and
Burns Addition (301 N. Ballard) SF-3 to Retail . ] Rick Herzberger
gave a staff report which reflected a recommendation to approve
the zoning change. Bobby Jennings then made a motion to
recommend the zoning change approval to the City Council . Bart
Peddicord seconded the motion, 3 to 3 tie vote . Vice Chairman
Welch made a suggestion to receive a motion to send the
deadlocked recommendation item to the City Council for
consideration. Mike Hawkins made a motion and seconded by Bart
Peddicord to send the deadlocked recommendation to City Council .
Motion carried, all in favor ( 6 votes) .
ITEM NO. 7 - CITIZEN PARTICIPATION: None.
ITEM NO. 8 - ADJOURN : A motion was made and seconded for
adjournment . Meeting adjourned by Vice Chairman Welch. Motion
carried. all in favor . ( 6 votes)
Respectfully submitted:
Robert Flint , Chairman Nita Sims , Secretary
3
MEMORANDUM
TO: PLANNING & ZONING COMMISSION
FROM: RICK HERZBERGER, BUILDING OFFICIAL
SUBJECT: WORKSHOP - JULY 20, AGENDA
DATE: July 14, 1992
The workshop will begin with the viewing of an Award Winning Video by
the American Planning Association and MVP. The title is "The Role of
the Planning Commissioner and details the importance of planned growth
and what role the P&Z Commissioner assumes in this growth. This is a
very good "Primer" for the Comprehensive Plan and I have invited the City
Council and Staff to this viewing - 40 minute video.
Following the Video, I hope to spend some time on the Central Business
District Concept, as I have submitted in the Agenda two sample CBD
districts for your review - City of Forney and City of Allen. Please
take the time to drive the downtown area as mentioned in the Comprehensive
Plan (South of Brown, North of Butler between Jackson and First Street)
as this may assist you in recommending the Downtown perimeter location
vs. possible non-compatible uses.
And last, feel free to suggest (Discuss and Deliberate only) any Planning
and Zoning concerns that you would like the Commission to consider after
reconvening into the regular business meeting.
As this will be my last P&Z Meeting, I would like to thank each of you for
supporting my attempts in improving the professionalism and visibility of
the P & Z Commission. Please feel free to call me any time in Rowlett
at 475-3841.
Li
PRELIMINARY STAFF ASSESSMENT OF DOWNTOWN AREA
"ZONING IN ACCORDANCE WITH A COMPREHENSIVE PLAN"
By Rick Herzberger
I . Reasons For Needed Changes :
A. Increase in occupancy changes - 6/91 to present, 12
occupancy applications ( 1 every month) . Very difficult
to adopt the B-2 uses to the building arrangements and
still stay compatible with the Building and Fire Codes.
B. The downtown area (east and west sides of Ballard Ave.
from Jefferson St. south to Butler St. ) . Consists of
older structures with unknown fire protection
requirements, electric service loads, and plumbing
arrangements that warrants the need to restrict the
type of uses allowed. Also, provisions for adequate
light and air have already been reduced due to no
building separations.
C. Provisions for transportation and non-congestion in the
streets have also been reduced due to the character of
the downtown area. Reduced parking conflicts with the
Zoning Ordinance.
Note : The above evaluations are all
reflective of cities that have
designated downtown areas.
D. The 1980 Comprehensive Plan Report, adopted June 1981 ,
mentions the following main criteria needed to comply
with the above title statement (downtown area in this
report is south of Brown St. and north of Butler St.
between Jackson Ave. and First St. ) :
1 ) Preserve the integrity and character of the
City' s downtown area.
2) Downtown area to be comprised of day to day
services and specialty shops.
3) Minor expansion of retail services along
Jackson and First Streets but with due
consideration of existing quality homes as
well as the need to improve the Jackson and
First Streets to meet this expansion.
4) Due to the high expenditure and non-aesthetic
displacement of many of the residential homes
in this area, it is considered that principle
retailing activities will be located on each
side of Ballard. The only suggested retail
expansion would be northward to Brown St. and
east and west along Hwy. 78, south of the
railroad.
5) Downtown parking use needs to be expanded to
allow for proper vehicle circulation in order
to maintain the integrity of the desired walk
through traffic.
6) Suggestion to not allow any major commercial
activities within this downtown area.
7) Improvements made on continuous basis to the
streetscape, while maintaining private
property in a standard acceptable to the
community.
8) The Final Comprehensive Plan policy indicates
various improvements such as a building front
treatment plan, traffic signalization,
removal of overhead utilities, and the
creation of an effective downtown merchants '
association.
E. Due to the continued effort by the Birmingham Land
Board to secure some , type of applicable zoning (4
unsuccessful attempts ) . The north end of Jefferson St.
zoning needs attention. 5th zone change application
filed on May 20, 1992 for SF-3 - Retail .
II . Existing Zone District (B-2) Compared to a More Restricted
Zoning (Retail ) - Semi-cumulative Zoning Ordinance (Wylie)
A. Business District-2 (B-2)
1 ) Definition - A use which requires
considerable space for display, sales or open
storage, or by the nature of the use, is not
compatible with uses in the B-1 district or
Retail District. B-2 Zoning is intended to
allow uses which are not generally carried on
within a building or structure with an
expanded range of services and repair uses.
2) District uses - All uses in Retail and B-1
district with an additional 26 uses plus one
additional specific use. Total combined
allowed uses is 94.
3) Comprehensive Plan designates this district
to be a buffer between B-1 and Industrial
Zoning Districts.
B. Retail District (R)
1 ) Definition - Designed to permit a compatible
relationship between the retail development
and adjacent residential areas. This
district is intended for neighborhood
shopping facilities which provide limited
business service and office facilities
predominantly for the convenience of
residents of the community.
2) District uses - Retail only with 53 uses and
8 specific uses.
3) Comprehensive Plan designates this district
to have no outside sales except an occasional
sidewalk sale. Also, uses in this district
cannot be objectionable because of odor,
excessive light, smoke, dust, noise,
vibration or similar nuisance. This district
is intended to be a buffer between
Commercial /Retail uses and residential uses.
C. Land use comparisons to Zoning (amount of non-
conforming uses ) .
1 ) B-2 Zoning - Johnston' s Building and 10 SF
residences.
2) Retail Zoning (proposed) - Johnston Bldg. ,
one second hand clothes store, Northside
Grocery with gas sales (questionable due to
no use definition) , Feed Store and 10 SF
residences. If Retail Zone extended to
Brown, 14 additional SF residences.
3) B-2 Zoning District uses that could pose a
potential fire or health hazard due to the
particular downtown building arrangements and
adjacent Residential area:
- Service Station or Lube Center
- Feed Store
- Auto, Glass or Muffler Shop
- Auto Sales or Motorcycle Sales Lot
- Pest Control Business
- Utility Shop
- Animal Clinic or Kennel with outside runs
- Tool & Trailer Rental (outside storage)
- Auto Painting or Body Shop
- Mobile Home Sales
- Truck Parking Lot
- Dry Cleaning Plant
- Engine or Motor Repair
- Machine or Welding Shop
- Contractor Yard (plumbing, heating and a/c)
- Bowling Alley
- Mini Warehouse
- Animal Pound - public or private ( specific use)
- Machinery Sales
- Plant Nursery or Greenhouse
7
III . Zoning Alternatives to the Comparison Made in Downtown Area
Outline # I1 (existing Zoning Districts as well as new
district concepts ) .
A. Professional Office District - Ordained on June 26,
1990.
1 ) Use this district to define areas with very
limited retail uses ( 10 uses total ) . Wylie
ordinance is very vague and non-applicable to
any one area in the City, without becoming
subject to spot zoning. This district use
can only be applied to the Wylie downtown
area pending B-2 to Retail Zone amendment.
2) Three other area cities surveyed, per
Professional Office District, describe the
intent of this district as established '
primarily for professional , management,
research and other similar offices outside of
a Central Business district, in both the
intermediate and . outlying areas. Three
"office" districts may not create excessive
traffic or noise and can be located next to
residential areas if properly buffered.
Plano, Rockwall and Forney have used these
districts to apply to older residential
neighborhoods, adjacent to Retail Districts,
which are experiencing a slow transition
period from Residential to Retail (example:
older home renovated to office space) . All
surveyed cities have very detailed
requirements for this district and statements
that the Comprehensive Plan must be followed.
B. Central Business District (CBD)
1 ) This type of district could apply to the
Wylie downtown area as described in the 1980
Comprehensive Plan, excluding Jefferson St.
north to Brown St. The Birmingham House
could be zoned as CBD if a Comprehensive
Zoning Map amendment was approved. Even a
Professional Office District use for the
Birmingham House would be appropriate as a
planned buffer between a restrictive Retail
District (CBD) and a Residential area.
2) A properly planned BD would be designed to
accommodate the existing Business District in
the central area of Wylie, described as the
downtown area in the Comprehensive Plan.
Provisions are also established to protect
the unique character and space limitations in
this zone. Most Retail uses are allowed with
exceptions for limited off-street parking and
high floor area ratios. Provisions for
sidewalk sales and street dances, as well as
remodeling attempts are also included in this
district . Very applicable to Wylie, but the
Zoning Ordinance must be amended to allow
this district. Suggestion to wait on
Comprehensive Plan 1992-1993.
IV. Suggested Plan for Downtown Area in Lieu of the Above
Observations.
A. Zone according to the existing Comprehensive Plan which
requires some type of limited Retail District. A new
Central Business District concept could be induced into
the forthcoming Comprehensive Plan or this district
could be added much the same as the Professional Office
District was established in 1990, without waiting on
the 1992-1993 Comprehensive Plan. In addition, the
buffer area for CBD to Residential could be the
Professional Office District, as this would accommodate
the Birmingham House. If the Professional Office
District is used, I suggest amending this Ordinance to
provide for a more detailed district description.
B. Due to the recent history of at least a 20% protest of
the applicable property owners concerning the downtown
Retail /Commercial expansion, I suggest a moratorium on
future downtown zoning applications. This brief
moratorium can only be imposed by the City Council as a
legislative body decision to allow the P & Z to conduct
a comprehensive research of the appropriate downtown
zoning district. This would not deny the Birmingham
Land Board any constitutional right, since the hardship
or special condition was created by the Board and not
by the City' s Comprehensive Zoning Plan Ordinance or
Zoning Map. As mentioned before, in all four zoning
attempts, the Birmingham Land Board should have
initiated a zone change before remodeling the house to
accommodate a Retail Use not reflected in the existing
SF-3 Zoning District.
ORDINANCE NO. 829-11-87
a. No building or structure shall be erected in
that portion of any district designated with a
Flood Plain "FP" prefix until, and unless,
such building or structure has been approved by
the City Engineer in accordance with the City of
Allen Flood Ordinance , who will ascertain that
such building or structure is not subject to
damage by flooding and would not constitute an
encroachment, hazard or obstacle to the move-
ment of flood waters and that such construction
would not endanger the value and safety of
other property or the public health and wel-
fare .
b. Any dump, excavation, storage, filling or min-
ing operation within that portion of a district
having a Flood Plain "FP" prefix shall be
approved in writing by the City Engineer before
such operation is begun.
c. An area may be removed from the Flood Plain
"FP" prefix designation when by the provision
of drainage works, grading, flood protection
or specific drainage study, it is determined by
•
the City Engineer that the flood hazard has
been alleviated. Removal of the Flood Plain
"FP" prefix shall be accomplished by resolution
of the City Council, after written notification
from the City Engineer advising of the removal
of the flood hazard.
d. The fact that land is, or is not, within a
district having a Flood Plain "FP" prefix
shall not be interpreted as assurance that such
land or area is, or is not, subject to periodic'
local flooding.
3 .01(AWCBD ENTRAL BUSINESS DISTRICT REGULATIONS
1. Purpose - The Central Business District recognizes
d':li that certain older sections of the Downtown Busi-
Lk ness Area were developed without established or
minimum building lines and without off-street par •
-
king. The CBD is provided to accommodate this
V� �r 1 ` existing development, encourage compatible future
t development, and to provide for mixed uses and
shall allow the day-to-day retail service, com-
mercial, and housing needs required by the commu-
nity. The community shall have only one contiguous
Central Business District.
It is recognized that certain wood frame structures
located within the boundaries of the CBD Zoning
District may reflect a significant need for. pre-
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ORDINANCE NO. 829- 11 -87
. servation in their natural state because of their
age and design. The Central Business District is
not intended to require the removal or demolition
of these structures for redevelopment purposes ,
but , rather to recognize that conversion of these
certain structures will add to the character and
viability of the CBD as long as they otherwise
comply with all City codes and ordinances.
2 . General Use Classifications - It is the intent of
the development of the Central Business District to
categorize primary uses into general use classifi-
cations . It is also the intent of the Central
Business District to not allow Industrial, Heavy
Commercial, Manufacturing uses, or the construction
- - of Single Family Detached housing. It is further
the intent of the Central Business District that
Retail, Retail/Service, Commercial, or Multi-family
_ uses not be allowed to occur in existing single-
family detached dwellings either by principal uses
• or incidental uses which exceed the allowable lim-
its of the Home Occupation Section of this Ordi-
nance without issuance of a Certificate of Occupancy
for such new uses. To encourage redevelopment in
the CBD, neither existing single-family detached
dwellings nor any structure changing use shall be
allowed to convert to Retail, Retail/Service Com-
mercial or Multi-family uses without meeting the
requirements of the Zoning, Subdivision, and Buil-
ding Ordinances of the City of Allen. General Use
Classifications to encourage development of the
Central Business District shall include:
I . Retail - Retail goods sold at first hand sat-
isfying the everyday needs to general house-
holds. Uses allowed are those stated in the
Schedule of Uses such as apparel, furniture,
• appliances lawn mowers and garden tools , jew-
elry, toys, and pharmaceutical needs.
•
II . Retail/Service - Retail/Service uses shall
include public required services as well as
v - J service and repairs associated with a related
• }
product incidental to the allowable retail
• ' uses . Uses allowed are those stated in the
Schedule of Uses such as barber and beauty
shops , shoe repairs, small equipment and tool
rentals (no trucks or trailers) , eating esta-
blishments to serve the needs of the Central
Business District (no drive-in service) , TV and
, .4 appliance repairs, business offices, medical
facilities , and small animal clinics (no out-
side runs) .
f•- J
1 -90-
I (
y '
ORDINANCE NO. 829-11-81
III . Commercial - Commercial uses shall include
those uses stated in the Schedule of Uses such
as retail warehousing, contractor shops
enclosed) , light assembly, parking
lots , public parking garages , tool and equip-
ment rental centers and public buildings and
structures .
IV. Residential - Allowable residential
tuuses
in ose stated
theCentral Business District shall
in the Schedule of Uses such as hotels, motels,
condominiums, single family attached dwellings,
and multi-family development. Maximum densi-
ties allowed for standard multi-family rental
units shall not exceed twenty-four ( 24) units
per acre.
Schedule of Uses - General use classifications
located under the CBD column linithe Schlduletof
f
Uses , categorizes unde All other
•
classification of primary uses.
symbols within this column
on hold
pagethe
30s_of thee
mean-
ing as those
Comprehensive Zoning Ordinance.
3 . Height and Area Regulations
a. No structure may exceed forty-five ( 45) feet in
height in the Central Business District unless
one ( 1 ) foot of the front yard building line is
established fo forty-five ( 45)f ofoot
feetallowedt
exceeded over the4
b. The development in the Central Business Dis-
trict will not require minimum or maximum lot
coverage or building lines except to satisfy
ingress and egress, needs for fire protection,
s, off-street parking
adesloading utility
facilities,ltand allowable outdoor
and
display.
c. Accessory buildings shall be limited to one (1)
accessory building per use and located separate
and no closer than fifteen ( 15) feet to the
main building.
d. Existing single family detached dwellings may
continue in this district and be allowed to
expand to the building line requirement
tnremenset
et
forth in the single family districts
"R-5" regulations.
-91-
ORDINANCE NO. 829-11-87
�,. 4 . Allowable On-street Parking - With the exception of
those located on existing or future major tho-
roughfares , retail and service uses existing or
developed on dedicated city streets of eighty ( 80)
feet of right-of-way or greater , may improve
streets along the frontage of their property to
- - City standards to include on-street parking and
1
1 such spaces shall be allowed to be used to satisfy
a portion of the required off-street parking spaces
for each development. On-street parking spaces
allowed may not be used for employee parking,
vehicle storage, or loading and unloading facili-
- ties .
Off-street Parking Required uired - Section 3 .03 , Vehicle
Parking of the Comprehensive Zoning Ordinance shall
provide parking requirements for the Central
'
Business District. Uses and structures not located
on streets with a right-of-way of eighty ( 80 ) feet
or greater or those located on existing or pro-
jected major thoroughfares shall be required 'to
maintain total off-street parking in accordance
with Section 3 . 03 of the Comprehensive Zoning
- Ordinance.
5. Site Plan Approval - Approval of a Site Plan shall
- be required for all development in the Central
Business District. Section 2.09 , Site Plan
Approval, of this Ordinance shall apply as required
procedures to development within the Central
Business District.
6. Performance Standards
a. Noise levels shall not exceed the outer walls
_ of the occupancy in any development allowed in
_ I , II , III , of the General Use Classifications.
b. Outside storage is allowed only with develop-
r ' ment in II and III of the General Use Classi-
fications. Such outside storage associated
with these areas shall be limited to rear yard
area only and must be protected from view by a
proper screening.
c . Outdoor display shall be limited to the devel-
opment allowed in I , II , and III of the General
Use Classifications. Outdoor display associ-
ated with the uses in these categories shall
require a minimum of a twenty ( 20) foot front
yard building line for such display purposes
and display of products may not cover more than
thirty ( 30 ) per cent of such front yard area.
-92-
y I 3
ORDINANCE NO. 829-11-87 f.
d. Proper screening shall be required between any
residential development and any other allowable
use within the Central Business District. Such
screening proposals shall be in accordance
with Section 3 . 06 of this Ordinance.
7. Building Regulations
•
a. All buildings including allowable accessory
buildings in the Central Business District
shall be constructed of fire resistant con-
struction materials and all exterior walls
(with exclusion of doors and windows) shall be
required to be constructed of tile, brick,
stone, or other similar masonry type materials.
b. Exceptions
041
( 1 ) Expansion of existing single family ► •
detached dwellings may be constructed of
the same materials as previously employed
in such structures. Any other exception to
these construction requirements shall be
allowed only by special exception granted
by the Zoning Board of Adjustment as ( ;:
allowed under Section 4. 043-B5 of the
Comprehensive Zoning Ordinance.
( 2) The Zoning Board of Adjustment as author-
ized under Section 4 . 04 of the Comprehen-
sive Zoning Ordinance shall have the power
to authorize, upon appeal, variance from
the terms of this Ordinance where a sig- 4
nificant need for preservation based on age
and design is demonstrated.
3.02 HEIGHT'S AND AREA EXCEPTIONS - The following exceptions
and spee' al regulations of height and areas of/ yards
shall app ' n all applicable districts: /
11
1 . Height:
a. In the dint ' cts where the hers t of buildings
is restricted'- • two 2) , = o and one-half
(2-W 1 or thr - ( 3 ) sto es, cooling towers,
roof gables, chi •eys .nd vent stacks may
extend for an addi ' ' . al height not to exceed
forty 1 ) feet abov- t -e - - _ • ade line of
the building. -ter s . •nd pipes a • nk,
church steeples domes and pires and school
build ngs - - ' tional buildings may be
erected to -xceed three ( 3 -s in height,
provide• that one ( 1) additional oo - hall be
adde. o the width and depth of frd , side and
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I61
SECTION XIV: .(CBD) CENTRAL BUSINESS DISTRICT �' `4'
ck-f
A. PURPOSE
1 . The (CBD) Central Business District is established to
accomodate the existing business district in the central
area of the City of Forney, and to protect the character
of the district. These unique characteristics of this
existing district and its space limitations are recognized
in this zone.
2. The use of this district :: Mould be limited to those areas
currently developed as downtown, as defined in this
section. Nearby areas that do not have additional
on-street parking, or have sufficient room for off-street
parking, or that can meet the requirements of the General
Retail District should be zoned General Retail District,
meeting the additional area requirements.
3. Existing uses that comprise. a part of the Central Business
District require less area and off-street parking
requirements due to the properties having high floor area
ratio, with little additional land for landscaping,
off-street parking and setback.
B. PERMITTED USES
1 . Generally recognized retail businesses which supply
commodities on the premises, such as groceries, meats,
dairy products, clothing and notions, baked goods,
hardware and similar uses.
2. Personal services business which perform services on the
premises such as: repair shops (watches, radios, T. V. ,
shoes, etc. ) , tailor shops, photographic studios and
similar uses, but not including auto repair shops and
services.
3. Small job printing and newspaper printing shops, dry
cleaning establishments or pickup stations. Dry cleaning
plants servicing more than one retail outlet are not
permitted. •
4. Personal services including the following: outpatient
medical clinics, offices of physicians, dentists,
osteopaths, and similar or allied uses.
5. Office buildings for professional occupations including:
administrative, legal, accounting, writing, clerical,
architect, drafting, real estate and associated accessory
uses.
6. Institutional uses as defined herein.
7. Theatres, auditoriums, or other similar entertainment
facilities.
64
8. Restaurants , excluding private clubs for the sale of
alcoholic beverages.
9. Municipally owned or controlled facilities, utilities, and
u a S.
10. Funeral homes.
11 . Banks and related financial institutions.
12. Hotels and motels.
13. Paved parking lots, including commercial parking lots.
14. Building and related trades: furniture stores, furniture
upholstering and similar enterprises.
15. Accessory warehousing of goods and materials that are used
in the operation of and are for retail sale on the site of
any use permitted in this district.
16. An accessory use customarily related to a principal use
authorized in this district.
17. Temporary concrete batch plant limited to the period of
construction upon the approval of the Forney City Council
with the recommendation of the City of Forney Building
Official.
18. Temporary on site construction offices limited to the
period of construction and approved by the City of Forney
Building Official..
C. CONDITIONAL USES (Require Use Permits - See Section XXXI)
1 . Self service laundries.
2. Automotive repair garages.
3. Semi-public uses as defined herein.
11. Drive-in businesses that require a driveway approach or
parking spaces for motor vehicles to serve patrons while
in motor vehicles, including drive-in restaurants.
5. Any structure which exceeds sixty (60) feet in height.
6. Building material yards for retail sales only, but
including incidental millwork, carting, express and
hauling, provided that: (1 ) all buildings shall be at
least 100 feet distance from any residential district,
with loading and yard activities be at least 200 feet from
any residential district.
7. Commercial laundry plant.
8. Building with exterior facing with less than 100%
combustible materials, or structural construction
materials or a combustible nature.
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.D. PROHIBITED USES
1 . Any building erected or land used for other than one or
more of the preceding specified uses.
2. Any use of property that does not meet the required
minimum lot size, front, side and rear yard dimensions,
and/or lot width; or exceeds the maximum height, building
coverage, or density per gross acre as required.
3. The storage, sale, lease or rental of boats, mobile homes,
or trailers is prohibited.
I . In the interest of clarity, the following heavy commercial
uses are specifically noted as non-permitted: Warehousing
of any type, trucking or motor freight stations or
terminals, heavy millwork, processing and fabrication of
pre manufactured parts or material stuffs, contractors shop
and storage yard, heavy machinery sales and storage,
petroleum products storage-wholesale sand and gravel sales
and storage and any other similar heavy commercial use
business. •
5. Facilities for railroads or those utilities holding a
franchise under the City of Forney.
E. REQUIRED CONDITIONS
1 . All business establishments other than those selling a
service shall be retail service establishments, dealing
directly with customers. All goods produced on the
premises shall be sold on premises where produced.
2. All businesses servicing or processing shall be conducted
within a completely enclosed building (except for
off-street parking or loading and incidental display of
retail items for sale) . The Forney City Council may
authorize under a Special Permit certain days for:
a. sidewalk sales
b. street dances or certain days for celebrations or
other specifically authorized events in this district.
3. Any owner, builder or developer of a tract or parcel of
land fronting on or adjacent to a roadway designated by
the Forney City Council as a principal roadway, which
includes within the designated Central Business District
FM 740, Old U. S. Highway 80 (FM 468) , Interstate 20, shall
submit, prior to issuance of a building permit, to the
Forney City Council, or its designated representative, a
site and building plan for the proposed development. The
contents of this site and building plan shall comply with
the requirements in Section XXVIII. Upon approval, such
developments shall comply with the approved site plan.
4. Processes and equipment employed and goods processed or
sold within this district, shall be limited to those which
are not objectionable by reason of' odor, dust, smoke,
cinders, gas fumes, noise, vibration, refuse matter or
water carried waste, and must comply with all other
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applicable Forney City Codes.
F. AREA AND OTHER REQUIREMENTS
1 . Minimum site frontage on a public street - 25 feet
2. Minimum width of side setback:
a. With fire retardant wall - 0 feet
b. Without fire retardant wall - 15 feet
• c. Abutting residentially zoned property - 20 feet
d. Abutting a street - 15 feet
3. Minimum depth of rear setback:
a. Abutting non-residentially zoned property - with fire
retardant wall and alley separating - 0 feet
b. Without a fire retardant wall or alley - 20 feet
c. Abutting residentially zoned property - 20 feet
4. Minimum distance between detached buildings on the same
lot or parcel of land:
a. Without fire retardant wall - 15 feet
b. With fire retardant wall - 0 feet
•
5. Minimum requirement for construction materials:
a. Structure - All structural .materials shall consist of
100% non-combustible materials.
b. Exterior building facing - each building shall consist
of 90% masonry of a, finished quality . and/or glass
materials as defined herein.
6. Maximum coverage as a percentage of lot area - 100%
7. Maximum floor area ratio - 10: 1
8. Maximum height of building structures - 120 feet. Any
structure exceeding 60 feet in height shall require a
Conditional Use Permit. If building exceeds 36 feet, the
building shall be set back an additional distance of 1 /2
the building height which exceeds 36 feet from any lot
line abutting residentially zoned property. In no case
shall more than 50 foot setback be required.
9. Minimum number off off-Street Parking spaces required* -
See Off-Street Parking, Section XXVI.
* Uses in this district requiring less than minimum parking
spaces are exempt from Off-Street Parking requirements.
10. Maximum number of entrances and/or exits:
a. Arterial Streets - 1 per each 200 feet of street
frontage per site
b. Collector Streets - 1 per each 100 feet of street
frontage per site
c. Local Streets - 1 per each 50 feet of street frontage
per lot
11 . Sidewalks - A concrete sidewalk, with a minimum width of
four (4) feet, shall be provided along the front of the
building site, excluding, entrances and exits, and around .
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L. ne pe [ L11 ucr of any UU11U.t.116 z.ct.uctcKs,
using sidewalk specifications as provided in the
applicable City of Forney ordinance.
12. Signs - See City of Forney Sign Ordinance
13. Building Appearance, Repairs and Maintenance - For new
buildings, the developer, builder or owner, is encouraged
by the City of Forney to design such structure or
structures to be compatible in style and appearance with
existing buildings of significant historical architecture
within the same block or nearby area. Repairs and
maintenance are required to put all buildings in a
structurally sound condition, and meet existing fire and
electrical codes before any Certificates of Occupancy may
be issued. The paint must be in good condition so as to
protect the wood or other surfaces from the weather.
14. Building Additions - Additions to existing primary or
accessory buildings or the construction of new accessory
buildings shall meet existing Building Code requirements.
15. Area and/or Extension of District - Only one (1 ) Central
Business District shall exist, with its boundaries being
determined by the Forney City Council, with the
recommendation of the Planning and Zoning Commission. Any
extensions of this district must be bounded bn .one side by
the existing CBD boundary.
•
•
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Unfortunately, few lawyers have expertise in the field of zoning
law and fewer still are acquainted with the content or purpose of a
comprehensive plan. For this reason, it is necessary for a municipali-
ty to take at least two steps to ensure that its legal assistance for
a municipality to look beyond the standard credentials such as bar
membership to determine whether an applicant is sufficiently prepared
to aid the city in the field of zoning, subdivision regulation law,
annexation policy, and other similar subjects. Secondly, a beginning
municipal lawyer should be assigned to work with the planning depart-
ment and the planning and zoning commissions to educate himself ,with
the various aspects of the city's planning program. It is unfair to
ask a lawyer to defend the municipality's planning program if he is
unfamiliar with it. These observations may seem self-evident to some;
however, many cities regrettably assume that any bar member has a com-
prehensive knowledge of municipal law and related activities.
SELECTED ISSUES IN ZONING
SPOT ZONING
Spot zoning has been defined as
. .awarding a use classification to an isolated parcel of
land which is detrimental or incompatible with the uses of
the surrounding area particularly when such an act favors
a particular owner.3b
Most cases of spot zoning are simply improper and illegal. These
cases usually arise as a result of arbitrary and capricious decisions
made by the zoning commission and the city council. Spot zoning is
held in general disrepute by courts of law, as the following case law
citations indicate. 36
Application of General Zoning Law
Four general tests have been used by courts to determine whether
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or not a given case constitutes spot zoning.
1. Is the rezoning in accordance with a comprehensive city plan?
When examining allegations of spot zoning, almost every court will
make an initial determination of the compatibility between the uses
permitted under the rezoning classification and the provisions of the
city's comprehensive plan with regard to the property in question.
Where the two are incompatible, a court will generally find that spot
zoning has occurred.
"Spot zoning is the very antithesis of planned zoning. If,
therefore, an ordinance is inacted in accordance with a com-
prehensive zoning plan, it is not spot zoning. " Zaehring v.
Township of Long Beach, 151 A2d 425 (1959 New Jersey) .
2. Is the rezoning inharmonious with the surrounding land uses?
Spot zoning is most frequently cited when the proposed rezoning is ob-
viously out of context with the surrounding area. Courts will normal-
ly gauge such rezoning against the policies contained in the city' s
comprehensive plan.
"Spot zoning will be found and the rezoning will be nullified
when a) the plan calls for a land use other than that for
which the property has been rezoned, and b) the use for which
the property was rezoned is disharmonious with the surround-
ing area. " Waterstradt v. Board of Commissioners of City of
Leavenworth, 454 P2d 445 (1969 Kansas) .
3. What is the size of the land parcel that has been rezoned?
Most courts make a distinction between rezoning proposals for large
tracts as opposed to small, individual lots. When the rezoning pro-
posal involves only one small lot, and when the subsequent reclassi-
fication is somewhat inharmonious with the surrounding land uses, many
courts will find that spot zoning has occurred. Individual lot rezon-
ing is often seen by a court as an arbitrary exercise leaning toward
favoritism.
"The court will almost always look at the rezoning in the
context of the general police power purposes - protection
of the public health, safety and general welfare. " Avler
v. Sun Oil Company, 453 , SW2d 18 (1970 Kentucky) .
4. Intent: Is the rezoning based simply on bias or favoritism?
The classic example of this situation involves the retired, "good of
boy" who wants his single-family residential corner lot rezoned for
general commercial uses. He is probably involved in a potentially
lucrative arrangement with a major oil company. The arrangement is
most often contingent upon the success of the rezoning application.
.The applicant has lived in the community for years, is highly respect-
ed by all, and both the zoning commission and the city council would
like to "help him out. "
"This example is a case of spot zoning per se. If contested,
the courts will uniformly invalidate it. " Clark v. City of
Boulder, 362 P2d 160 (1961 Colorado) .
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