P&Z frowns on 'dollar stores' and low-masonry building

During its regular Aug. 01, 2019 meeting, the Forney Planning & Zoning Commission met to regulate "dollar stores", consider pickleball request, rezoning for a new church building, discuss the home on CR212.

• Mr. Morgan stated a notice was sent out for Brooklynn Village replat, but it did not make it on the agenda.
  
• Held Public Hearings -
  • Approved an Ordinance amending the Zoning Ordinance to define and provide regulations for variety stores, grocery stores, and any other similar use.
      Mr. Morgan said this was requested by staff and Mayor pro-tem Myers. These stores are normally referred to 'dollar stores' and don't provide substantial economic or health benefit. Previously were allowed as Retail. Expect to see more, therefore modifying ordinance now. Proposed as a CUP in all non-residential except office, not within 5,000 ft of another store (including those outside city limits). Staff received no response to public notice.
      There was no public input.
      Mr. Cunningham asked about outdoor displays - merchandise could not be outside. Mr. Bingham asked what other cities adopted such ordinance - Mr. Morgan said primarily Mesquite, also Waco.
    
  • Approved an Ordinance for outdoor commercial amusement (pickleball court) to operate as a conditional use at 204 E. U.S. Highway 80, limiting closing time to no later than 11pm.
      Mr. Morgan said was Factory Girl, 1 acre, outdoor use requires CUP. Rear corner, currently parking, would be used for two courts plus a half-court. Forney has a large group of pickleball players. Staff received no comments to notices. Site would still have sufficient parking, and courts will be fenced. Mr. Bingham said in college, they practiced pickleball on tennis courts. Mr. Cunningham asked if they would install lighting - temporay LED lighting. Mr. Chambers asked about hours - Mr. Morgan said no regulations for that, board could place limits with the CUP.
      There was no public input.
    
  • Approved an Ordinance for a Cabinet Shop (Manufacturing) to operate as a conditional use at 11578 Industrial Park, Suite B.
      Mr. Dixon said said the building is in the industrial park, part A of space is a legal non-conforming cabinet shop. If approved, new use will require inspection. Ms. Holler asked if expanding existing business - no, it is a new business.
      There was no public input.
    
  • Approved a Conditional Use Permit for a new building at 204 F.M. 1641 to exceed 36 feet in height.
      Mr. Morgan request is building 47 ft, also requesting alternative materials. Plans show 65% metal, request is dictated by financial restraints, the current building received alternative materials approval in 2007, is metal on 2 sides. Staff received no input to notices. Chmn. Wilcoxson asked if just considering height; Mr. Morgan said alternative materials could be considered on this item or the site plan. Ms. Holler asked about percentage of existing building; Mr. Morgan said roughly 50%. Mr. Cunningham asked if the building requires sprinklers - yes. Mr. Morgan said this is not expansion of existing building, is a new building.
      There was no public input.
      Mr. Cunningham suggested this item deal strictly with height.

• Tabled a revised site plan for C-Life Church, located at 204 F.M. 1641.
    Mr. Morgan said same project, requesting alternative materials, sufficient parking is included.
    Mr. Cunningham asked for input from HH architects - he asked if they knew about zoning requirements before design - architect Ms. Ptashinskaya said yes. He said they show 12% masonry, was that to match existing structure? She said not exactly match, but to add more colors, and to meet aesthetic requirements. It is located between industrial and residential, this provides transitional design. They want it to resemble a modern barn to attract younger families. Ms. Holler understands the concept, and likes the look, but it should resemble existing building better, about 50% masonry. Chmn. Wilcoxson has trouble setting ordinances aside due to finances.
    Mr. Nick Edwards, pastor, was asked if any interest is making changes; he asked if stucco or EIFS was considered masonry. If not, then current building is not close to 50%, maybe 10%. He said this structure is very modern and appealing. Chmn. Wilcoxson said they also mentioned finances; Mr. Edwards said that, plus being next to industrial park. Chmn. Wilcoxson said using that idea, would never improve the city. Mr. Morgan said applicant would be willing to table item to discuss with staff.
  
• Approved a revised preliminary plat for the Lakewood Trails Addition, consisting of 203.851 acres of property located south of F.M. 741 and west of High Country Lane in the City of Forney extra-territorial jurisdiction.
    Mr. Dixon said this is to make minor adjustments related to staff discussions about lot depth. This will allow 3 additional lots; there is a development agreement from Dec. 2014. There are 607 residential lots, 9 common area lots, a school lot + amenity lot. The agreement allows average lots sizes 6,500, this shows 7,204 sq ft average.
  
• Approved a final plat for Lakewood Trails Phase 3, a residential subdivision located south of F.M. 741 and west of High Country Lane in the City of Forney extra-territorial jurisdiction.
    Mr. Dixon said this covers 47 acres, 242 lots, all meet min lot size requirements.
  
• Approved a preliminary plat for Woodlands Crossing located southeast of the intersection of the Union Pacific Railroad and F.M. 548.
    Mr. Dixon said this is 21 acres, establish boundaries for commercial use, surrounds the Racetrac, includes 14 acre remainder lot. Chmn. Wilcoxson asked about approved uses - Mr. Morgan there are plans for Firestone auto repair.
  
• Discuss future zoning of the property located at 10895 C.R. 212 (Discussion Item Only).
    Mr. Morgan said the 10 acres was annexed w/ Gateway, but remains AG. Staff has received a letter proposing contractors office w/ vehicle storage. Mr. Bain said in writing they would have no problem. Applicant has requested further changes.
    Mr. Ken Andreas said he bought the property in 2016. An offer was made to live in the house, but store air conditioning items and vehicles on the 2 acres on the house; the other 10 acres will remain AG with horses. It has a crushed gravel driveway. Mr. Cunningham said no business will be conducted there, just stored vehicles. Mr. Morgan said there is no zoning to allow that; it would require changes to zoning text, then have the property rezoned. Mr. Cunningham asked if mixed use would cover it; no, nothing would. Mr. Dixon said the way letter was written, they believed the house would be used as company office. Chmn. Wilcoxson asked if could make part for storing vehicles commercial, leaving house residential. City Attorney Mr. Thatcher said would require subdividing the property, and staff would have to look at that zoning. Mr. Andreas said no one wants to live there, w/ Gateway around it, goodyear nearby, will be surrounded by commercial. Property to NW is in county, being sold for commercial use. Chmn. Wilcoxson said self-storage places have on-site managers; Mr. Morgan said is a specific use allowed for that, recently amended ord's to require CUP. Mr. Andreas asked if only option was going commercial? Mr. Morgan wasn't sure.
  
• Mr. Morgan said coming up on 1 year time to vote for chair, vice chair. Having milkshakes w/ mayor and council on Friday.
    Mr. Zook wanted to revisit 548/1641 - 131ft ROW, can accommodate 6 lanes, TxDOT will not build the other two lanes for quite some time.
  
• Mr. Thatcher said action #1 where they requested tabling, want to reopen the item for consideration. Mr. Bill Thomas said they spoke with HH architects they want to have commission reconsider and provide a yes or no decision. No motion was made.
  
• Adjourned at 1938