Fill - Free fillable 71 Zoning Application (City of Forney) PDF form

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Community Development Department

Physical: 101 East Aimee Street Mailing: PO Box 826

Phone: 972-564-7386 Fax: 972-552-1538

Anticipated Meeting Date:

P&Z: ______________________

City Council: ________________

Zoning Application

Applicant Name: ____________________________ Phone #: __________________

Mailing Address: _________________________________________

City: ______________________ State: ______________ Zip: _______________

Email: _____________________________________

Fax # _____________________________________

Property Information

Physical Location of Property: ________________________________________________

(General Location – approximate distance to nearest existing street corner)

Lot: ______________ Block: _________________

Current Zoning: _____________________________

Current Legal Description of Property: _________________________________________

Acres: ___________ Lots: __________________ Units: _____________________

Property Owner: ____________________________ Phone #: __________________

Mailing Address: _________________________________________

City: ______________________ State: ______________ Zip: _______________

Email: _____________________________________

Fax # _____________________________________

I hereby certify that I am the Owner, or the duly authorized agent of the Owner (proof of authorization attached), for the purposes of this application,

and that all information submitted herein is complete, true and correct to the best of my knowledge. I understand that submitting this application does

not constitute approval, and incomplete applications will result in delays and possible denial.

Signed: ____________________________________________ Title: _________________________ Date: ______________

SUBSCRIBED AND SWORN TO before me, this the ______ day of ____________________, ______

[Month] [Year]

Notary Public in and for the State of Texas: _________________________________

[seal] _________________ My Commission Expires On: ____________________________________________

SUBMITTAL DEADLINE: 30 DAYS PRIOR TO P&Z MEETING DATE. All zoning applications must be advertised in the newspaper, and notices

must be mailed to all property owners within 200 feet of the subject property. Please contact City staff for all submittal deadlines.

All applications must be COMPLETE before they will be scheduled for P&Z agenda. It is the applicant’s responsibility to be familiar with, and to

comply with, all City submittal requirements (in the Zoning & Subdivision Ordinances, and any separate submittal policies, requirements and/or

checklists that may be obtained from City staff), including the number of plans to be submitted, application fees, etc. Please contact City staff in

advance for submittal requirements.

All application materials must be delivered to the Community Development Department. Failure to submit all materials to the Community

Development Department may result in delays scheduling the zoning application for a P&Z agenda. The City will invoice the applicant for all

consulting fees (by City’s Engineer, Attorney, etc.) above and beyond the initial fee schedule incurred for City review of this project.

Notice of Public Records: These records may become subject to public view under the Texas Public Information Act unless they are subject to an

exception established in writing by the applicant at the time of filing.

Application Type:

 Initial Zoning (Newly Annexed Property)

 Rezoning (Property Currently Zoned)

 Planned Development (PD)

 Conditional Use Permit (CUP)

Zoning Application Requirements

Community Development Department

Physical: 101 East Aimee Street Mailing: PO Box 826

Phone: 972-564-7386 Fax: 972-552-1538

STAFF STRONGLY RECOMMENDS A P RE-DEVELOPMENT MEETING BEFORE THE

SUBMITTAL OF ANY APPLICATION FOR ZONING, REZONING, CONDITIONAL USE

PERMIT (CUP), OR FOR A TEXT AMENDMENT TO A PROVISION(S) OF THE ZONING

ORDINANCE.

Applications shall contain the following (all requi red items/information must be received by the

Community Development Department in ord er for a concept plan or site plan application to be

considered complete – incomplete submissions will not be reviewed until all defi cient items and

information have been received).

 An application form available in the Community Development Department.

 Verification that all taxes and assessments on the subject property have been paid.

 Payment of the appropriate fee.

 An accurate metes and bounds description of th e subject property (or other suitable

legal description).

 A survey (i.e., drawing) exhibit and other appropriate exhibits (i.e., site plans, maps,

architectural elevations, information about proposed uses, etc.).

 A concept plan shall a lso be sub mitted along with any zoning requ est involving a

Conditional Use Provision (CUP) request or the formation of a Planned Development

(PD) district.

CONCEPT PLAN SUBMISSION REQUIREMENTS:

 20 FOLDED copies of the concept plan on 24" x 36" sheet, and drawn to a kno wn

engineering scale that is large enough to be clearly legible.

 2 copies each (11" x 17" and 8.5” x 11”) of the concept plan.

 1 electronic copy (disk or CD) in DWF of the concept plan.

 4 copies of

the gene ral layout f or the required public improve ments (water,

wastewater, grading/storm

drainage, streets, water quality, alleys, fir e lanes an d

hydrants, etc.).

 Landscaping and irrigation plans (if necessary).

 Building façade (elevation) plans drawn to scale (if necessary).

 Any additional information/materials (such as plans, maps, exhibits, legal description

of property, information about proposed uses , etc.) as de emed necessary by th e

Community Development Department.

Procedures and Submission Requirements For Concept Plan Approval - Submission of an

application for concept plan approval shall be preceded by a pre-application conference with the

City. The concept plan shall be prepared by a qualified civil engineer, land planner, architect or

surveyor, at a scale no smaller than one inch equals two hundred feet (1” = 200’) and on sheets

twenty-four inches by thirty-six inches (24” x 36”), and it shall show the following:

Zoning Application Requirements

Community Development Department

Physical: 101 East Aimee Street Mailing: PO Box 826

Phone: 972-564-7386 Fax: 972-552-1538

1. A title block within the lower right hand corner of the concept plan with the proposed

name of the project/subdivision, the name and address of the owner/developer and the

land planner, engineer architect or surveyor responsible for the design or survey, the

scale of the drawing (both written and graphic scale), the date the drawing was prepared,

total site acreage, and the location of the property according to the abstract and su rvey

records of Kaufman County, Texas;

2. A vicinity or location map that shows the location of the proposed development within

the City (or its ETJ) and in relationship to existing roadways;

3. The boundary survey limits of th e tract and scale d istances with north clea rly

indicated;

4. The names of adjacent subdivisio ns (or the name of th e owners of record and

recording information for adjacent parcels of unplatted land), including parcels on the

other sides of roads, creeks, et c. The concept plan sh all include a depiction of all

contiguous holdings of the property owners, the existing/proposed use s of the su bject

property, a general arrangement of future land uses, including the approximate number

of lots and any residential uses an ticipated, and a generalized circulat ion plan for the

subject property;

5. The existing zoning and existing/proposed uses on adjacent land; the location, width

and names of all existing or platted streets or other public ways within or adjacent to the

tract; any existing ease ments (with recording information); existing buildings; ra ilroad

rights-of-way; topography (contours at five-foot intervals) with existing drainage channels

or creeks (including the 100-year flood plain, if applicable); any other important natural

features (such as rock outcroppings, caves, wildlife habitats, etc.); all substantial natural

vegetation; and adjace nt political subdivisions, corporate limits, and/o r school district

boundaries;

6. Proposed strategies for tree preservation (showing individua l trees or tr ee masses

that will pr eserved, and the techniques tha t will be u sed to prot ect them durin g

construction);

7. The layout and width ( right-of-way lines) of e xisting and proposed thoroughfares,

collector streets and/or intersections, and a ge neral configuration of p roposed streets,

lots and blocks, including proposed median openings and left turn lanes on future divided

roadways (existing and planned driveways on the opposite side of divided roadways

must also be shown for coordination and sharing of future median openings);

8. A general arrangement of land u ses and bu ildings, including but n ot limited t o

proposed nonresidential and resid ential densities; building heights, square footages,

massing, orientation, loading/service areas , recycling containers, compactors and

dumpster enclosures, pedestrian walkways, and parking ar eas; any proposed site s for

parks, schools, public facilities, public or private open spa ce; flood plains/drainageways;

and other pertinent development related features; and

9. The phasing of develo pment (the anticipated order of de velopment for the overall

property).

APPROVAL PROCESS AND REVISIONS:

Pre-Application Conference - The applicant( s) shall av ail themselves of the advice and

assistance of the City officials, and shall con sult early and informally with the staff before

preparing a concept plan in order to save time, mone y and to avoid potential unnecessary

delays.

Zoning Application Requirements

Community Development Department

Physical: 101 East Aimee Street Mailing: PO Box 826

Phone: 972-564-7386 Fax: 972-552-1538

City Staff Review - Upon official submission of a complete application for concept plan, the City

shall commence technical review of the devel opment proposal by fo rwarding a copy of the

application to development review team me mbers (such as the City Manager, City Engineer,

Planning Director, Building Official, Fire Chief, etc.). Development revi ew team members shall

review the application and shall a scertain its compliance with these and other applicable Cit y

regulations. Following City staff review of the plan and su pporting documents, and following

discussions with the applicant on a ny revisions deemed advisable and the kind an d extent of

improvements to be installed, the applicant shall resubmit additional copies of the corrected plan

no later tha n ten (10) calendar days prior to th e Planning and Zoning Commission meeting.

Failure to resubmit corrected copie s of the plan back to the City in time shall be cause for th e

staff to forward the plan application to the Commission as it was originally submitted rather than

the corrected version (corrected co pies of the plan resubmitted to the City less t han ten days

prior to the meeting date shall not be accepted or forwarded to the Co mmission). If, upon re-

submission of the corrected plan to the City, t he staff det ermines that the application is still

incomplete or not correct (i.e., not ripe for consideration), the plan application shall be subject to

denial.

Action By the Planning and Zoning Commission and the City Council - All concept plan

applications shall be reviewed by the Planning and Zoning Commission, and if in conformance

with the provisions of this Ordinance and all ot her applicable regulations and codes of the City,

they shall then be considered for approval by the City Council.

The staff shall schedule consideration of the concept plan on the regular agenda of the Planning

and Zoning Commission within thirty (30) calendar days afte r the submission is received (or, in

the case of an incomplete submission, after the submission is deemed complete). The Planning

and Zoning Commission shall review the concept plan and shall recommend approval, approval

subject to certain conditions, or disapproval of the concept plan or site plan. If the Planning and

Zoning Commission recommends approval (with or without conditions) of the plan, then it will be

forwarded to the City Council for consideration. If the Planning a nd Zoning Commission

recommends disapproval of a plan application, the Commi ssion shall state such disapproval

and the reasons theref ore. The applicant or property owner may ap peal such decision to City

Council by filing a written Notice of Appeal to the staff no later than ten (10) calendar days after

the date up on which th e Commission denied t he application. The N otice of Appeal shall se t

forth in clear and concise fashion th e basis for t he appeal. The City Council shall consider the

appeal at a public meeting no later than thirty (30) calendar days after the date upon which the

Notice of Appeal was filed. The City Council may change t he decision of the Commission by a

three-quarters (3/4) vote of the fu ll City Council. The City Council may also, where a ppropriate,

remand the concept p lan application back to th e Commission for recon sideration if it believes

that there is a compellin g reason to do so (such as the intro duction of significant new facts or

testimony, etc.). The City Council shall determi ne final approval or disapproval of all concept

plan applications.

ZONING CASE PRESENTATION

The following suggestio ns are provided to assist in preparing your presentation before the

Planning and Zoning Commission and City Council.

1. Be brief and concise. Use only the amount of time necessary to clear ly state the facts

related to the request. City Council allots 15 minutes to hear each side, pro or con, of a

request. Therefore, you and those speaking on your behalf have a total of 15 minutes to

present your case. An additional 2 minutes is allowed for rebuttal by the applicant . The

Zoning Application Requirements

Community Development Department

Physical: 101 East Aimee Street Mailing: PO Box 826

Phone: 972-564-7386 Fax: 972-552-1538

Planning and Zoning Commission allots 20 minutes for the applicant to present the case,

and the opposition also has 20 minutes to speak.

2. Avoid repetition. If yo u want to h ave other p eople speak on behalf of your req uest,

each should have something to contr ibute to consideration of your case. It is preferable

to have one spokesman, if possible, with others available to help answer questions and

provide technical information.

3. Section 10 sets forth that no change shall be made in these regulations or in the

boundaries of the zoning district except:

 To correct any error in the regulations or map, or

 To recognize changed or changing conditions or circumstances in a particular

locality, or

 To recognize changes in technolog y, the style of living, or manner of conducting

business.

In making a determination regarding a reque sted zoning change, the Planning and

Zoning Commission and the City Council shall consider the following factors:

 Whether the uses permitted by the proposed zoning change will be appropriate in

the immediate area concerned, and their relationship to the general area and to

the City as a whole;

 Whether the proposed change is in accord with any existing or propose d plans

for providing public schools, stree ts, water supply, sanitary sewers a nd other

utilities to the area;

 The amount of vacant land currently cla ssified for similar development in the

vicinity and elsewhere in the City, and any special circumstances which may

make a substantial part of such vacant land unavailable for development;

 The recent rate at w hich land is being d eveloped in the same zoning

classification as the request, particularly in the vicinity of the proposed change;

 How other areas designated for similar development will be, or are likely to be,

affected if the proposed amendment is approved; and,

 Any other factors which will subst antially affect the public health, saf ety, morals

or general welfare.

Presentations should keep these points in mind.

4. Describe anticipated impacts, negative and positive, of the requested zoning and

proposed use on existing development and public facilities.

5. Explain what efforts (and results of meetings, if any were held) have been made

between the applicant and nearby property owners to discuss the application.

6. Visual aids such as slides, maps, plans and photographs may be used to enhance your

presentation. Make sure that they are clear and easy to view from a distance.

Site Plan Application Requirements

Community Development Department

Mailing: P.O. Box 826 ■ Forney, Texas 75126

Physical: 101 East Aimee Street ■ Phone: 972-564-7386 ■ Fax: 972-552-1538

Each application for site plan approval shall contain the following (all required items/information

must be received by the Community Development Department in order for a site plan

application to be considered complete – incomplete submissions will not be reviewed until all

deficient items and information have been received).

 An application form available in the Community Development Department.

 Verification that all taxes and assessments on the subject property have been paid.

 Payment of the appropriate fee.

 An accurate metes and bounds description of the subject property (or other suitable

legal description).

 A survey (i.e., drawing) exhibit and other appropriate exhibits (i.e., site plans, maps,

architectural elevations, information about proposed uses, etc.).

SITE PLAN SUBMISSION REQUIREMENTS:

 20 FOLDED copies of the site plan on 24" x 36" sheet, and drawn to a known

engineering scale that is large enough to be clearly legible.

 4 sets of the

general layout for the required public improvements (water, wastewater,

grading/storm drainage, streets, wat

er quality, alleys, fire lanes and hydrants, etc.).

 Landscaping and irrigation plans (if necessary).

 Building façade (elevation) plans drawn to scale (if necessary).

 Any additional information/materials (such as plans, maps, exhibits, legal description

of property, information about proposed uses, etc.) as deemed necessary by the

Community Development Department.

 Once DRC comments are addressed, additional copies will be required.

Procedures and Subm ission Requirements For Site Pl an Approval - Submission of an

application for site plan approval shall be preceded by a pre-application conference with the

City. The site plan shall be prepared by a qualified civil engineer, land planner, architect or

surveyor, at a scale no smaller than one inch equals two hundred feet (1” = 200’) and on sheets

twenty-four inches by thirty-six inches (24” x 36”), and it shall show the following:

1. A title block within the lower right hand corner of the site plan with the proposed

name of the project/subdivision, the name and address of the owner/developer and the

land planner, engineer architect or surveyor responsible for the design or survey, the

scale of the drawing (both written and graphic scale), the date the drawing was prepared,

total site acreage, and the location of the property according to the abstract and survey

records of Kaufman County, Texas;

2. A vicinity or location map that shows the location of the proposed development within

the City (or its ETJ) and in relationship to existing roadways;

3. The boundary survey limits of the tract and scale distances with north clearly

indicated;

Site Plan Application Requirements

Community Development Department

Mailing: P.O. Box 826 ■ Forney, Texas 75126

Physical: 101 East Aimee Street ■ Phone: 972-564-7386 ■ Fax: 972-552-1538

4. The names of adjacent subdivisions (or the name of the owners of record and

recording information for adjacent parcels of unplatted land), including parcels on the

other sides of roads, creeks, etc. The site plan shall include a depiction of all contiguous

holdings of the property owners, the existing/proposed uses of the subject property, a

general arrangement of future land uses, including the approximate number of lots and

any residential uses anticipated, and a generalized circulation plan for the subject

property;

5. The existing zoning and existing/proposed uses on adjacent land; the location, width

and names of all existing or platted streets or other public ways within or adjacent to the

tract; any existing easements (with recording information); existing buildings; railroad

rights-of-way; topography (contours at five-foot intervals) with existing drainage channels

or creeks (including the 100-year flood plain, if applicable); any other important natural

features (such as rock outcroppings, caves, wildlife habitats, etc.); all substantial natural

vegetation; and adjacent political subdivisions, corporate limits, and/or school district

boundaries;

6. Proposed strategies for tree preservation (showing individual trees or tree masses

that will preserved, and the techniques that will be used to protect them during

construction);

7. The layout and width (right-of-way lines) of existing and proposed thoroughfares,

collector streets and/or intersections, and a general configuration of proposed streets,

lots and blocks, including proposed median openings and left turn lanes on future divided

roadways (existing and planned driveways on the opposite side of divided roadways

must also be shown for coordination and sharing of future median openings);

8. A general arrangement of land uses and buildings, including but not limited to

proposed nonresidential and residential densities; building heights, square footages,

massing, orientation, loading/service areas, recycling containers, compactors and

dumpster enclosures, pedestrian walkways, and parking areas; any proposed sites for

parks, schools, public facilities, public or private open space; flood plains/drainageways;

and other pertinent development related features; and

9. The phasing of development (the anticipated order of development for the overall

property).

APPROVAL PROCESS AND REVISIONS:

Pre-Application Conference - The applicant(s) shall avail themselves of the advice and

assistance of the City officials, and shall consult early and informally with the City Planner and

other applicable administrative officers before preparing a site plan in order to save time, money

and to avoid potential unnecessary delays.

City Staff Review - Upon official submission of a complete application for site plan, the City

shall commence technical review of the development proposal by forwarding a copy of the

application to development review team members (such as the City Manager, City Engineer,

City Planner, Building Official, Fire Chief, etc.). Development review team members shall

review the application and shall ascertain its compliance with these and other applicable City

regulations. Following City staff review of the plan and supporting documents, and following

discussions with the applicant on any revisions deemed advisable and the kind and extent of

improvements to be installed, the applicant shall resubmit additional copies of the corrected plan

to the City Planner no later than ten (10) calendar days prior to the Planning and Zoning

Commission meeting. Failure to resubmit corrected copies of the plan back to the City in time

Site Plan Application Requirements

Community Development Department

Mailing: P.O. Box 826 ■ Forney, Texas 75126

Physical: 101 East Aimee Street ■ Phone: 972-564-7386 ■ Fax: 972-552-1538

shall be cause for the City Planner to forward the plan application to the Commission as it was

originally submitted rather than the corrected version (corrected copies of the plan resubmitted

to the City less than ten days prior to the meeting date shall not be accepted or forwarded to the

Commission). If, upon re-submission of the corrected plan to the City, the City Planner

determines that the application is still incomplete or not correct (i.e., not ripe for consideration),

the plan application shall be subject to denial.

Action By the Planning and Zo ning Commission an d the City Council - All site plan

applications shall be reviewed by the Planning and Zoning Commission, and if in conformance

with the provisions of this Ordinance and all other applicable regulations and codes of the City,

they shall then be considered for approval by the City Council.

The City Planner shall schedule consideration of the site plan on the regular agenda of the

Planning and Zoning Commission within thirty (30) calendar days after the submission is

received (or, in the case of an incomplete submission, after the submission is deemed

complete). The Planning and Zoning Commission shall review the site plan and shall

recommend approval, approval subject to certain conditions, or disapproval of the site plan or

site plan. If the Planning and Zoning Commission recommends approval (with or without

conditions) of the plan, then it will be forwarded to the City Council for consideration. If the

Planning and Zoning Commission recommends disapproval of a plan application, the

Commission shall state such disapproval and the reasons therefore. The applicant or property

owner may appeal such decision to City Council by filing a written Notice of Appeal to the City

Planner no later than ten (10) calendar days after the date upon which the Commission denied

the application. The Notice of Appeal shall set forth in clear and concise fashion the basis for

the appeal. The City Council shall consider the appeal at a public meeting no later than thirty

(30) calendar days after the date upon which the Notice of Appeal was filed. The City Council

may change the decision of the Commission by a three-quarters (3/4) vote of the full City

Council. The City Council may also, where appropriate, remand the site plan application back

to the Commission for reconsideration if it believes that there is a compelling reason to do so

(such as the introduction of significant new facts or testimony, etc.). The City Council shall

determine final approval or disapproval of all site plan applications.

Residential Screening Plan Requirements

Community Development Department

Mailing: P.O. Box 826 ■ Forney, Texas 75126

Physical: 101 East Aimee Street ■ Phone: 972-564-7385 ■ Fax: 972-552-1538

GENERAL STANDARDS:

The following criteria and standards shall apply to screening walls and fences:

1. Where subdivisions are platted so that the rear or side yards of single-family or two-

family residential lots are adjacent to an arterial thoroughfare (greater than sixty feet (60')

in right-of-way width on the Thoroughfare Plan); a four (4) lane collector street; are

separated from a thoroughfare by an alley; or back up to a collector or residential street,

the developer shall provide, at his sole expense, screening according to the following

alternatives and standards. All screening shall be adjacent to the right-of-way or property

line and fully located on the private lot(s), including columns and decorative features. All

forms of screening shall conform to the requirements of City ordinances and/or policies

that govern sight distance for traffic safety.

2. Screening shall be provided in accordance with, and shall be constructed to,

standards and criteria as set forth in the City’s EDS and/or other related City

code(s)/policy(s).

3. A maintenance easement five feet (5') in width shall be dedicated to the City on the

private lot side and adjacent to the screening wall.

4. The screening wall shall be installed prior to the final acceptance of the subdivision.

Landscape materials may be installed after the subdivision is accepted, upon approval of

the City Manager (or designee), but in no case later than six (6) months following

acceptance of the subdivision.

5. All plants (e.g., trees, shrubs, ground cover) shall be living and in sound, healthy,

vigorous and growing condition, and they shall be of a size, fullness and height that are

customary for their container/ball size (as per the latest edition of the “American Standard

for Nursery Stock”, by the American Association of Nurserymen, as may be amended).

6. All masonry, steel and/or aluminum screening wall/fence plans and details must be

designed and sealed by a registered professional engineer, and must be approved by the

City Planner.

7. Required wall heights, including spans between columns, shall be from at least six

feet (6') and no more than eight feet (8'). Decorative columns, pilasters, stone caps, and

other features may exceed the maximum eight-foot (8') height by up to eighteen inches

(i.e., total maximum height of nine and one-half feet (9.5'), provided that such taller

elements comprise no more than ten percent (10%) of the total wall length (in elevation

view).

8. Screening fences/walls shall not be constructed parallel to and within any portion of a

utility easement.

SCREENING PLAN SUBMISSION REQUIREMENTS:

Screening Plan Requirements

Community Development Department

Mailing: P.O. Box 826 ■ Forney, Texas 75126

Physical: 101 East Aimee Street ■ Phone: 972-564-7385 ■ Fax: 972-552-1538

All masonry, steel and/or aluminum screening wall/fence plans and details must be designed

and sealed by a registered professional engineer and shall contain the following minimum

information:

 5 FOLDED copies of the screening plan on 24" x 36" sheet, and drawn to a known

engineering scale of 1” = 100’.

 2 copies each (11" x 17" and 8.5” x 11”) of the screening plan.

 1 electronic copy (disk or CD) in DWF of the screening plan.

 Any additional information/materials (such as plans, maps, exhibits, legal description

of property, information about proposed uses, etc.) as deemed necessary by the

Community Development Department.

Building Facade (Elevation) Requirements

Community Development Department

Mailing: P.O. Box 826 ■ Forney, Texas 75126

Physical: 101 East Aimee Street ■ Phone: 972-564-7385 ■ Fax: 972-552-1538

Masonry Construction

This term shall be construed to mean that form of construction composed of brick, stone,

decorative concrete block or tile, or other similar building units or materials (or combination of

these materials) laid up unit by unit and set in mortar, and shall exclude wall area devoted to

doors and windows. As applicable to meeting the minimum requirements for the exterior

construction of buildings within each zoning district, this term shall include the following

materials:

1. Hard fired brick (kiln fired clay or slate material, can include concrete brick if it is to

the same ASTM standard for construction as typical hard fired clay brick; severe weather

grade; minimum thickness of three inches when applied as a veneer; shall not include

unfired or under fired clay, sand or shale brick);

2. Stone (includes naturally occurring granite, marble, limestone, slate, river rock, and

other similar hard and durable all-weather stone that is customarily used in exterior building

construction; may also include cast- or manufactured-stone product, provided that such

product yields a highly textured, stone-like appearance, its coloration is integral to the

masonry material and shall not be painted on, and it is demonstrated to be highly durable

and maintenance-free; natural or man-made stone shall have a minimum thickness of three

and five-eighths inches when applied as a veneer);

3. Decorative concrete block (highly textured finish, such as split-face, indented,

hammered, fluted, ribbed or similar architectural finish; coloration shall be integral to the

masonry material and shall not be painted on; minimum thickness of three and five-eighths

inches when applied as a veneer; shall not include lightweight or featherweight concrete

block or cinder block units); does not qualify as “masonry construction” in the CBD and CBT

zoning districts;

4. Concrete pre-cast or tilt-wall panels (only allowed if a highly textured, architectural

finish which is at least as textured in appearance and physically as face brick or stone; can

be brick-like or stone-like in appearance; coloration shall be integral to the masonry material

and shall not be painted on; shall not include smooth, untextured or inadequately textured

finishes); does not qualify as “masonry construction” in the CBD and CBT zoning districts;

and

5. Glass blocks or tiles (of the type customarily used in exterior building construction;

shall not comprise more than 30% of any exterior wall surface, nor more than 20% of the

building’s total exterior on all wall surfaces combined; shall not be highly reflective or mirror-

like finish); does not qualify as “masonry construction” in the CBD and CBT zoning districts.

The following materials shall not qualify nor be defined as “masonry construction” in meeting the

minimum requirements for the exterior construction of buildings, unless specifically approved by

the City Council on an approved site plan for single-family attached, multi-family, institutional,

office, retail, commercial, industrial, or other non-residential structures. All single-family

detached residential construction must adhere to the section as applicable:

6. Stucco, exterior plaster, adobe or mortar wash surface material;

7. Exterior insulation an d finish sy stem (EIFS), acrylic matrix, synthetic plaster, or

Building Façade (Elevation) Requirements

Community Development Department

Mailing: P.O. Box 826 ■ Forney, Texas 75126

Physical: 101 East Aimee Street ■ Phone: 972-564-7385 ■ Fax: 972-552-1538

other similar synthetic material;

8. Cementitious fiber board siding (such as “Hardy Plank”, Hardy Board”, etc.);

9. PVC or other plastic-based siding material;

10. Lightweight or featherweight concrete blocks or cinder blocks; or

11. Any other cementitious product not listed above.

SUBMISSION REQUIREMENTS:

Façade Plans shall be prepared by a person knowledgeable in architectural building design

(e.g., licensed architect) and shall contain the following minimum information:

A color and materials sample board shall be submitted along with the Facade Plan.

 Title block (located in the lower right hand corner) containing the proposed subdivision

name with block and lot number, and preparation date.

 Scale (appropriate for level of detail).

 Legend, if abbreviations or symbols are used.

 Name, address and phone number of owner, applicant, and surveyor.

 Elevations of all four sides labeled North, East, South, and West with the front elevation

designated as such.

 Designate color and materials location on elevations.

 Building outline with north arrow.

 Materials calculations table showing for each elevation.

o Total surface area of each elevation

o List of materials (including glazing) with square footage of each material per

elevation and percentage of each material per elevation

 Building dimensions (if multiple heights are used, provide dimension for each)

 Provide estimated allowable wall mounted signage size for each elevation (show as a

dashed box on the elevation)

 Add the following notes:

o “This Facade Plan is for conceptual purposes only. All building plans require

review and approval of the Building Inspection Department”

o "All mechanical units shall be screened from public view"

o “When permitted, exposed utility boxes and conduits shall be painted to match

the building”

o "All signage areas and locations are subject to approval by the Building

Inspection Department"

o “Roof access shall be provided internally, unless otherwise permitted by the

Building Official”

 Cross sections of sight lines may be requested to verify screening of mechanical units.

Building Façade (Elevation) Requirements

Community Development Department

Mailing: P.O. Box 826 ■ Forney, Texas 75126

Physical: 101 East Aimee Street ■ Phone: 972-564-7385 ■ Fax: 972-552-1538

 Additional information as requested by staff to clarify the proposed development and

compliance with minimum development requirements

ELEVATION PLAN SUBMISSION REQUIREMENTS:

 5 FOLDED copies of the Elevation Plan on 24" x 36" sheet and drawn to a known

engineering scale that is large enough to be clearly legible.

 2 copies each (11" x 17" and 8.5” x 11”) of the Elevation Plan.

 1 electronic copy (disk or CD) in DWF of the Elevation Plan.

 Any additional information/materials (such as plans, maps, exhibits, legal description

of property, information about proposed uses, etc.) as deemed necessary by the

Community Development Department.

Landscape Plan Requirements

Community Development Department

Mailing: P.O. Box 826 ■ Forney, Texas 75126

Physical: 101 East Aimee Street ■ Phone: 972-564-7385 ■ Fax: 972-552-1538

GENERAL STANDARDS:

The following criteria and standards shall apply to landscape materials and installation:

 All required landscaped open areas shall be completely covered with living plant

material. Landscaping materials such as wood chips and gravel may be used under

trees, shrubs and other plants, but shall not comprise a significant portion of the total

landscaped area.

 Plant materials shall conform to the standards of the approved plant list for the City of

Forney (see Section 50 of the Comprehensive Zoning Ordinance for the approved plant

list) and the current edition of the “American Standard for Nursery Stock” (as amended),

published by the American Association of Nurserymen. Grass seed, sod and other

material shall be clean and reasonably free of weeds and noxious pests and insects.

 Trees shall have an average spread of crown of greater than fifteen feet (15') at maturity.

Trees having a lesser average mature crown of fifteen feet (15') may be substituted by

grouping the same so as to create the equivalent of fifteen feet (15') of crown spread.

Large trees shall be a minimum of three inches (3") in caliper (measured six inches (6")

above the ground) and seven feet (7') in height at time of planting. Small trees shall be a

minimum of one and one-half inch (1.5") in caliper and five feet (5') in height at time of

planting.

 Shrubs not of a dwarf variety shall be a minimum of two feet (2') in height when

measured immediately after planting. Hedges, where installed for screening purposes,

shall be planted and maintained so as to form a continuous, unbroken, solid visual

screen which will be six feet (6') high within three (3) years after time of planting (except

for parking lot/headlight screens, which shall form a continuous, solid visual screen three

feet high within two years after planting).

 Vines not intended as ground cover shall be a minimum of two feet (2') in height

immediately after planting and may be used in conjunction with fences, screens, or walls

to meet landscape screening requirements as set forth.

 Grass areas shall be sodded, plugged, sprigged, hydro-mulched and/or seeded, except

that solid sod shall be used in swales, earthen berms or other areas subject to erosion.

 Ground covers used in lieu of grass in whole and in part shall be planted in such a

manner as to present a finished appearance and reasonably completed coverage within

one (1) year of planting.

 All required landscaped areas shall be equipped with an automatic, underground

irrigation system with freeze- and moisture sensors to prevent watering at inappropriate

times. Landscaped areas having less than ten (10) square feet in area may be irrigated

by some other inconspicuous method. If appropriate xeriscape planting techniques are

utilized, the City Council may waive the requirement for an underground irrigation

system at the time of site plan approval. However, the landscaping shall be required to

be maintained in a healthy, living and growing condition, and any irrigation devices shall

not be visible from public streets or walkways.

Landscape Plan Requirements

Community Development Department

Mailing: P.O. Box 826 ■ Forney, Texas 75126

Physical: 101 East Aimee Street ■ Phone: 972-564-7385 ■ Fax: 972-552-1538

 Earthen berms shall have side slopes not to exceed 33.3 percent (three feet (3') of

horizontal distance for each one foot (1') of vertical height). All berms shall contain

necessary drainage provisions as may be required by the City's Engineer.

SUBMISSION REQUIREMENTS:

Landscaping plans shall be prepared by a person knowledgeable in plant material usage and

landscape design (e.g., landscape architect, landscape contractor, landscape designer, etc.)

and shall contain the following minimum information:

 Minimum scale of one inch (1") equals fifty feet (50'); show scale in both written and

graphic form.

 Location, size and species of all trees to be preserved (do not use "tree stamps"

unless they indicate true size and location of trees).

 Location of all plant and landscaping material to be used, including plants, paving,

benches, screens, fountains, statues, earthen berms, ponds (to include depth of

water), topography of site, or other landscape features

 Species and common names of all plant materials to be used

 Size of all plant material to be used (container size, planted height, etc.)

 Spacing of plant material where appropriate

 Layout and description of irrigation, sprinkler, or water systems including location of

water sources

 Description of maintenance provisions

 Name and address of the person(s) responsible for the preparation of the landscape

plan

 North arrow/symbol, and a small map showing where the property is located

 Date of the landscape plan

LANDSCAPE PLAN SUBMISSION REQUIREMENTS:

 5 FOLDED copies of the landscape plan on 24" x 36" sheet, and drawn to a scale of

1” = 100’.

 5 copies each (11" x 17" and 8.5” x 11”) of the landscape plan.

 1 electronic copy (disk or CD) in DWF of the landscape plan.

 Any additional information/materials (such as plans, maps, exhibits, legal description

of property, information about proposed uses, etc.) as deemed necessary by the

Community Development Department.

CONDITIONAL USE PERMIT

Community Development Department

Physical: 101 East Aimee Street Mailing: PO Box 826

Phone: 972-564-7386 Fax: 972-552-1538

CUP -- CONDITIONAL USE PROVISIONS

34b.1 PURPOSE AND INTENT:

A. Nature of Conditional Use - A conditional use is a land use which, because of its

unique nature, is compatible with the permitted land u ses in a given zoning district

only upon a determination that th e external effects of the use in relation to the

existing and planned uses of adjoining property and th e neighborhood can be

mitigated through imposition of certa in standards and conditions. This S ection sets

forth the standards used to evaluate proposed conditional u ses and the procedures

for approving conditional use provision applications.

B. Permit Required - No conditional use shall b e established and no b uilding permit

shall be issued for any use designated as a conditional use within any zoning district

until a conditional use provision (CUP) is issued in accordance with the provisions of

this Section. An application for a conditional use provision shall be accompanied by

a concept plan or a det ailed site plan prepared in the manner described in Section

12. The concept plan or site plan shall illustrate the proposed use to be established,

its relationship to adjoining properties, and how it meets th e approval standards set

forth in Section 34b.5.

34b.2 STATUS OF CONDITIONALLY PERMITTED USES:

The following general rules apply to all conditional uses:

A. The designation of a use in a zoning district as may be permitted by CUP in Section

37 (Use Charts) of this Ordinance does not constitute an authorization or assurance

that such use will be approved.

B. Approval of a condition al use provisi on shall a uthorize only the particular use for

which the CUP is issued.

C. No use aut horized by a conditional use provision shall be enlarged, extended or

relocated, nor may the number of dwelling units be increased, unless an application

is made for approval o f a new co nditional use provision in accordan ce with the

procedures set forth in this Section and Section 10 of this Ordinance.

D. Development of the use shall not be carried out until the applicant ha s secured all

the permits and approvals required by thes e zoning regulations, the City Code of

Ordinances, and any p ermits that may be req uired by re gional, State or Federa l

agencies.

34b.3 APPLICATION FOR CONDITIONAL USE PROVISION:

A. Application Requirements - An application for a conditional use provision may be

submitted by the property own er or by the propert y owner's designate d

CONDITIONAL USE PERMIT

Community Development Department

Physical: 101 East Aimee Street Mailing: PO Box 826

Phone: 972-564-7386 Fax: 972-552-1538

representative to the City. The application sh all be accompanied by a concept plan

or site plan prepared in accordance with the requirements of Section 12. If a base

zoning district amendment is required or requested, such r ezoning application shall

accompany the application for a conditional use provision.

B. Subdivision Approval - If the proposed use requires a division of land, a n

application for subdivision approval shall be submitted in conjunction with the

application for a conditional use provision (see S ubdivision Ordinance). Approval o f

the conditional use provision shall not become effective u ntil final approval of th e

subdivision application provided that, if the lan d is to be d ivided and developed in

phases, the approval of the conditional use provision shall take effect upon final plat

approval of the phase of the subdivision con taining the property on which the

conditional use is to be located.

34b.4 PROCEDURES FOR CONDITIONAL USE PERMITS:

A. Planning & Zoning Commission Recommendation - Upon receipt of t he

recommendation from the Director of Pla nning, the Planning and Zoning

Commission shall conduct a public hearing in or der to fo rmulate its

recommendations to the City Council on the conditional use provision application.

Following the public hearing, the Planning and Zoning Commission shall recommend

approval, approval sub ject to modification, or denial of t he proposal to the City

Council in accordance with Section 10. If the a ppropriateness of the use cannot be

assured at the location, the Planning and Zon ing Commission shall recommend

denial of the application as being incompatible with existing uses or with other uses

permitted by right in the district.

B. City Council Action - The City Council shall be the final decision-maker on

applications for conditional use p rovisions. Following a public hea ring and i n

consideration of the Pla nning and Zoning Commission's recommendati ons, the City

Council shall approve, modify or d eny the proposal for a conditional use provision in

accordance with Section 10. If the a ppropriateness of the use cannot b e assured at

the location, the applica tion for conditional use provision shall be denied as being

incompatible with existing uses or with other uses permitted by right in the district.

34b.5 STANDARDS:

A. Factors for Consideration - Whe n considering applications for a conditional use

provision, the Planning and Zoning Commission in making its recomme ndation and

the City Council in rendering its decision on the application shall, on the basis of the

concept plan/site plan and other in formation submitted, evaluate the impact of the

conditional use on, and the compatibility of the use with, surrounding properties and

neighborhoods to ensure the appropriateness of the use at a particular location. The

Planning and Zoning Commission and the City Council shall specifically consider the

extent to which:

1. The proposed use at the specif ied location is con sistent with th e goals,

objectives and policies contained in the adopted Comprehensive Plan;

2. The proposed use is consistent with the general purpose and intent of the

applicable zoning district regulations;

CONDITIONAL USE PERMIT

Community Development Department

Physical: 101 East Aimee Street Mailing: PO Box 826

Phone: 972-564-7386 Fax: 972-552-1538

3. The proposed use meets all supp lemental standards spe cifically applicable to

the use as set forth in Article V of this Ordinance;

4. The proposed use is compatible with and preserves the c haracter and integrity

of adjacent development and neighborhoods and, as required by the particular

circumstances, includes impro vements or m odifications either on-site or within

the public rights-of-way to mitigat e development-related adverse impacts,

including but not limited to:

a. Adequate ingress and e gress to property and proposed stru ctures thereon

with particular reference to ve hicular and pedestrian safety and

convenience, and access in case of fire;

b. Off-street parking and loading areas;

c. Refuse and service areas;

d. Utilities with reference to location, availability, and compatibility;

e. Screening and buffering, features t o minimize visual impacts, and/or set-

backs from adjacent uses;

f. Control of signs, if any, and propo sed exterior lighting with reference to

glare, traffic safety, economic effect, and comp atibility and harmony with

properties in the district;

g. Required yards and open space;

h. Height and bulk of structures;

i. Hours of operation;

j. Exterior construction material and building design; and

k. Roadway adjustments, traffic cont rol devices o r mechanisms, and access

restrictions to control tr affic flow o r divert traffic as may be needed to

reduce or eliminate development-generated traffic on neighborhood streets.

5. The proposed use is not materially detrimental to the p ublic health, safety,

convenience and welfare, or result s in material damage or prejudice to other

property in the vicinity.

B. Conditions - In appro ving the application, the Planning and Zoning Commission

may recommend, and the City Council may im pose, such additional conditions (e.g.,

hours of operation, etc. ) as are reasonably necessary to assure co mpliance with

these standards and the purpose and intent of this Section, in accordance with the

procedures in Section 10. Such additional conditions sh all exceed the minimu m

standards contained he rein or in a ny other applicable City code or or dinance, and

they cannot, in effect, relax or grant relief from any of the City’s minimum standards

(see Subsection C below). Any conditions imposed shall be set forth in the

CONDITIONAL USE PERMIT

Community Development Department

Physical: 101 East Aimee Street Mailing: PO Box 826

Phone: 972-564-7386 Fax: 972-552-1538

ordinance approving the conditional use, and shall be incorporated into or noted on

the concept plan or site plan for final approval. The City Manager (or his/her

designee) shall verify t hat the plan incorporates all con ditions set forth in the

ordinance authorizing the conditional use, a nd shall sign the plan to indicate f inal

approval. The City shall maintain a record of such approved condition al uses and

the site plans and conditions attached thereto.

C. Prohibition on Waivers and Varia nces - The foregoing additional conditions (i.e.,

standards of development for the CUP) shall not be subject to var iances that

otherwise could be granted by the Board of Adjustments, nor may conditions

imposed by the City Council subsequently be waived or varied by t he BOA. I n

conformity with the authority of the City Counc il to authorize condition al uses, th e

City Council ma y waive or modif y specific standards otherwise made applicable to

the use by this Ordinance, to secure the general objectives of this section; provided,

however, that the City Council shall not waive or modify any approval factor set forth

in Subsection A of this Section.

34b.6 EXPIRATION AND EXTENSION:

A. A conditional use provision may be rescinded by the City Council, on its own motion

and at its discretion, for failure to commence de velopment or for failure to extend the

time for performance for the con cept plan or site plan approved along with the CUP

ordinance (see Sections 10 and 12).

34b.7 AMENDMENT:

A. No proposed or existing building, premise or land use aut horized as a conditional

use may be establish ed, enlarged, modified, structurally altered, o r otherwise

changed from that approved in the conditional use provision, unless such

amendment is authorized in accordance with the standards and procedures set forth

in this section, and the conditional use provision and approved concept plan or site

plan are amended accordingly.

34b.8 OTHER REGULATIONS:

A. The Board of Adjustments shall no t have jurisdiction to hear, review, reverse, or

modify any decision, determination, or ruling with respe ct to the spe cific land use

designated by any conditional use provision.

34b.9 USE REGULATIONS:

A. Uses allowed by CUP are specified in Section 37 (Use Charts).

Fill Online, Printable, Fillable, Blank 71 Zoning Application (City of Forney) Form

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Fillable 71 Zoning Application (City of Forney)

Fill Online, Printable, Fillable, Blank 71 Zoning Application (City of Forney) Form

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