F M 688 F M Mustang Creek Business Park South

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1 F M 688 U.S. HWY 80 U.S. HWY 80 FOX HOLLOW F M 1641 HICKORY PARK WOODS ANNS LEAFY GLADE CURRENCY CURRENCY MEG OAK RIDGE CAPSTAN PARKSIDE CLASSIC PROFIT PROFIT CLASSIC MONITOR NICOLE Mustang Creek Business Park South

2 CITY OF FORNEY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF FORNEY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 1085, AND MAP, AS AMENDED, BY CHANGING THE ZONING ON APPROXIMATELY ACRES OF LAND IN THE ABSALOM HYER SURVEY, ABSTRACT NO. 203, IN THE CITY OF FORNEY, KAUFMAN COUNTY, TEXAS, AND PLATTED AS BLOCK A, LOTS 1-3, 5 AND 7-20 OF THE INDUSTRIAL PARK PHASE I, FROM COMMERCIAL DISTRICT (C) USES TO PLANNED DEVELOPMENT OVERLAY DISTRICT (PD) WITH A BASE ZONING DISTRICT DESIGNATED AS COMMERCIAL DISTRICT (C) USES, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A HERETO, WHICH LAND IS ALSO IDENTIFIED AS BEING A PART OF THE SOUTH MUSTANG INDUSTRIAL PARK, IN ACCORDANCE WITH THE CITY S COMPREHENSIVE MASTER PLAN AND SPECIFIC REQUIREMENTS STATED HEREIN AND EXHIBITS ATTACHED HERETO; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Forney, Texas ( City ) is a home-rule city possessing the full power of local self-government pursuant to Article 11, Section 5 of the Texas Constitution, Section of the Texas Local Government Code, and the Home Rule Charter for the City of Forney, Texas; and WHEREAS, the City Council of the City of Forney ( City Council ), pursuant to Section of the Texas Local Government Code, as amended, possesses the power to regulate zoning and development in the City; and WHEREAS, after public notice was had and a public hearing was conducted in accordance with the Comprehensive Zoning Ordinance of the City of Forney, Texas, Ordinance No. 1085, as amended ( Zoning Ordinance ), the Planning and Zoning Commission of the City of Forney, Texas ( Planning and Zoning Commission ), has recommended a change in zoning classification of the property described herein and has recommended amending the official zoning map of the City of Forney, Texas, regarding the rezoning of the property herein described; and WHEREAS, all legal requirements, conditions, and prerequisites have been complied with prior to this case coming before the City Council; and WHEREAS, the City Council, after public notice was had and a public hearing was conducted in accordance with the Zoning Ordinance, and upon due deliberation and consideration of the recommendation of the Planning and Zoning Commission and of all testimony and information submitted during said public hearing, has determined that, in the public's best interest and in support of the health, safety, morals, and general welfare of the citizens of the City, the zoning of the property described herein shall be changed, and that the official zoning map of the City of Forney, Texas, shall be amended to reflect the rezoning of the property described. 1

3 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORNEY, TEXAS, THAT: Section 1. FINDINGS INCORPORATED All of the above premises are found to be true and correct legislative and factual determinations of the City of Forney and are hereby approved and incorporated into the body of this Ordinance for all purposes as if fully set forth herein. Section 2. ZONING AMENDED From and after the effective date of this Ordinance, the property described herein shall be rezoned as set forth in this section, and the official zoning map of the City of Forney, Texas, is hereby amended and changed in the following particulars to reflect the action taken herein, and all other existing sections, subsections, paragraphs, sentences, definitions, phrases, and words of said Zoning Ordinance are not amended, but shall remain intact and are hereby ratified, verified, and affirmed to create a change in the zoning classification of the property described herein, as follows: That certain tract of land being acres of land in the Absalom Hyer Survey, Abstract No. 203, in the City of Forney, Kaufman County, Texas, and platted as Block A, Lots 1-3, 5 and 7-20 of the Industrial Park Phase I, and more fully described in Exhibit "A" attached hereto and incorporated herein for all purposes (the Property ), presently zoned Commercial District (C) uses, is hereby rezoned Planned Development Overlay District (PD) with a base zoning district of Commercial District (C) uses, as more particularly described in Exhibit A hereto, which land is identified as being a part of the South Mustang Industrial Park, in accordance with specific requirements in the City s Comprehensive Plan, and in accordance with Exhibit B (Development Standards and Permitted Uses), and Exhibit C (Site Plan), attached hereto and incorporated herein by reference as if repeated verbatim. Section 3. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the words, phrases, clauses, sentences, paragraphs and sections 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 words, phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of any such unconstitutional word, phrase, clause, sentence, paragraph or section. Section 4. SAVINGS CLAUSE The Comprehensive Zoning Ordinance of the City of Forney, Texas, Ordinance No. 1085, as amended, shall be and remain in full force and effect save and except as amended by this Ordinance. 2

4 Section 5. REPEALER CLAUSE Any provision of any prior ordinance of the City, whether codified or uncodified, which is in conflict with any provision of this Ordinance, is hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City, whether codified or uncodified, which are not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 6. PENALTY CLAUSE Any person, firm, or corporation violating any of the provisions or terms of this Ordinance shall be guilty of a misdemeanor and, upon conviction, shall be fined a sum not to exceed $2, for each offense, and each and every violation or day such violation shall continue or exist shall be deemed a separate offense. Section 7. EFFECTIVE DATE This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FORNEY, TEXAS, this day of, ATTEST: Rick Wilson, Mayor Dorothy Brooks, TRMC, CMC, City Secretary APPROVED AS TO FORM: Kent S. Hofmeister, City Attorney 3

5 Exhibit A Property Description

6 EXHIBIT 2 PLANNED DEVELOPMENT CONDITIONS Sec. 1 Definitions (a) Automobile Restoration is a business engaged in restoring an automobile to as near its original condition as practicable. Automobiles being restored are stored indoors, and the restoration process takes more than 30 days to complete Sec. 2 Allowed Uses (a) Non-automobile oriented uses: - Computer repair - Fabrication involving metal, plastic, polymers, wood, concrete, water and electricity to derive at a new product. - Fabrication involving materials other than described above only by CUP - Plumbing Office - Storage - Printing - Lawn Care - Woodworking - HVAC office (inside storage only) - Vending Sales - Hardware Sales - Food Pantry - Manufacturing of low level, non-caustic materials, formed or joined to create another product, by use of welding, adhesives, mechanical fastening or other processes that are not regulated by their nature - Manufacturing other than described above only by CUP - Contractor Office - Small Engine Repair (including motorcycle and personal watercraft) - Appliance Repair - Security Monitoring - Artist Studio - Communication Equipment Sales/Service - Computer Sales (wholesale) - Exterminator Service - Financial Office (Advice/Invest) - Locksmith - Photo Studio - Shoe Repair - Tailor Shop - Tool Rental - Bakery (wholesale) - Cabinet Shop (manufacturing) - Drapery Shop - Florist - Gravestone/Tombstone Sales - Needlework Shop - Upholstery Shop -1-

7 - Furniture Manufacturing - Warehouse - Welding Shop - Electronic Assembly - Laboratory Equipment Manufacturing - Machine Shop - Maintenance and Repair Service for Buildings - Research lab (non-hazardous) - Sign Manufacturing - Sign Shop - Photocopying/Duplicating - Studio for Radio or Television - Travel Agency - Art Dealer/Gallery - Bicycle Sales and Repair - Confectionary Shop (Retail) - Furniture Sales (indoor) - Garden Shop (indoor) - Lawnmower Sales and/or repair - Major Appliance Sales/Rental - Pet Shop/Supplies/Grooming - Vacuum Cleaner Sales/Repair - Limousine/Taxi Service (no outdoor vehicle storage) (b) (c) Automobile oriented uses: - Auto accessories - Auto Body Repair - Auto Parts Sales (indoors only; no repairs) - Automobile Restoration - Auto Tire Repair/Sales (indoor) - Auto Glass Repair/Tinting - Auto Interior Shop/Upholstery - Quick Lube/Oil Change/Minor Inspection Other uses: - Office (brokerage services, insurance, legal services, professional, real estate) - Automobile Driving School - Dance/Drama/Music School - Martial Arts School - Antique Shop (no outdoor storage) - Auto Supply Store for New and Rebuilt Parts - Book Store - Health Club (physical fitness; indoors only) (d) Any use not listed in this section that is allowed with a conditional use permit in the C-Commercial District, per the City of Forney Comprehensive Zoning Ordinance, is allowed with a conditional use permit in this district. -2-

8 (e) If the primary use of any structure requires the building code to classify the occupancy as a High Hazard Group H occupancy, a conditional use permit shall be required. Sec. 3 Parking (a) (b) (c) (d) (e) Required parking for Automobile Restoration and those uses listed in Sec. 2(a) above is 1 space per 1,000 square feet of floor area. Fractions shall be rounded to the nearest whole number. For example, a use requiring 4.4 parking spaces shall be required to provide 4 parking spaces, and a use requiring 4.5 parking spaces shall be required to provide 5 parking spaces. Except for Automobile Restoration, required parking for all other automobile oriented uses listed in Section 2(b) and other uses listed in Sec. 2(c) is the same as required of said uses in the City of Forney Zoning Ordinance. Required parking for any main use may be provided on a separate lot that is within 300 feet of the lot on which the main use is located. No parking space can be counted more than once toward the required parking for any use. All company vehicles shall be stored indoors overnight. Designated parking and loading areas shall not be used for the repair, long term storage, dismantling or prolonged servicing of vehicles or equipment, or for the permanent storage of materials or supplies, or for any other use conflict with the designated parking and loading areas (i.e. advertising or open storage of raw materials). Sec. 4 Nonconforming Structures (a) (b) The right to rebuild a nonconforming structure ceases if the structure is destroyed by the intentional act of the owner or the owner's agent. A nonconforming structure may be renovated, remodeled, repaired, rebuilt, or enlarged if the work does not cause the structure to become more nonconforming. Sec. 5 Screening of Nonresidential Areas (a) In the event that nonresidential uses side or back upon a single-family, twofamily, or residential PD district, solid screening a minimum of 5 feet in height shall be provided by evergreen landscape materials (height of which to be measured at maturity), wooden fencing, or masonry wall. Screening shall be added on the later of: (1) 180 days of the passage of this ordinance, or (2) 180 days of application for building permit for the construction of a residential use within an abutting single-family, two-family, or residential PD district v /21/

ORDINANCE NO NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT; SECTION 1.

ORDINANCE NO NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT; SECTION 1. ORDINANCE NO. 2055 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF EULESS, CHAPTER 84, UNIFIED DEVELOPMENT CODE, AMENDING THE CITY OF EULESS ZONING DISTRICT MAP ON APPROXIMATELY 19 ACRES LOCATED