Title
Ordinance - Public Hearing and Final Reading of Ordinance Amendments of Chapter 155 of the Mansfield Code of Ordinances Defining the Term Donation Box in Section 155.012; Amending the Permitted Use Table in Subsection 155.054(B) to Require a Specific Use Permit in the C-3 and I-1 Districts for Donation Boxes and to Allow Donation Boxes as a Permitted Use in the I-2 District; Establishing Special Conditions for Donation Boxes in Section 155.099; Establishing a Permit System for Donation Boxes; and Establishing a Fee for Donation Box Permits (OA 22-002)
Recommendations:
Planning and Zoning Commission Recommendation
The Planning and Zoning Commission Held a public hearing on April 18, 2022 and voted 6 to 0 to recommend approval.
Staff Recommendation
Staff recommends approval.
Description/History
The City recognizes that donation bins can contribute to blight and unpermitted dumping. This occurs both by the fact that users use them to place unwanted items that do not always fit in bins and operators are not always timely with maintenance and servicing. The use of these bins occurs mainly within large commercial developments that have frontage on major roadways, placing that blight in highly visible area. Because of this, staff recommends the changes below.
Section 155.054(B) Table F is the permitted use table of the City Zoning Ordinance. The amendment before you is a text amendment adding the use “Donation Box” and A Donation Box is defined as:
“Any drop-off box, bin, container, receptacle, trailer or similar facility that accepts donated textiles, clothing, shoes, books, toys, household items and/or other salvageable personal property items to be used by the operator for distribution, resale or recycling.”
With this amendment, the permitted use of a Donation Box would only be allowed with a Specific Use Permit (SUP) within the C3 and I-1 Districts and by right within I-2. In addition, “Special Conditions” have been added to only allow for one Donation Box to be placed on any one lot or within a singular shopping center or office development.
Also, the “Special Conditions” do not allow a Donation Box use to be located within 1,000 feet of another Donation Box, within 500 linear feet of the right-of-ways of U.S. Highway 287, U.S. Business Highway 287, State Highway 360, Farm-to-Market Road 157, Farm-to-Market Road 1187, Farm-to-Market Road 917, Main Street, Debbie Lane, Broad Street, Country Club Drive, Heritage Parkway, Matlock Road, and Lone Star Road, nor within 500 linear feet of any zoning designation that allows residential uses, places of worship, hospitals, daycare centers, or public or private schools or colleges by right; or within 500 linear feet of parks and recreational facilities.
Recommendation
Staff recommends approval subject to review by the City Attorney.
Prepared By:
Arty Wheaton Rodriguez, Assistant Director of Planning
(817) 276-4229