P&Z approves Farmers Market, barely approves ETJ subdivision, does not approve Lucky 3

During its regular , 2016 meeting, the Forney Planning and Zoning Commission met and (this is a preliminary report, subject to revision):

• Held a Public Hearing re: a request for a Conditional Use Permit, for the use of Farmers Market to operate on the property located at 210 E. Broad Street
  Mr. Morgan said this was on the vacant property behind the old Cotton Gin.
  Staff has met with applicant, all requirements (many of which have been approved in recent months) have been met.
  Once a month event, 9A - 2P on Saturday, 10 food and 10 non-food vendors; food trucks will be permitted and inspected separately. Parking will be street-side; it is not drainage. Needs to be angle-in parking. A fire hydrant is present, distance requirements must be met.
  Restroom facilities will be provided by adjacent businesses.
  Notifications were made, no responses were received.
  This type CUP was just approved 2 months ago.
  They may have to come back for approval if the site plan changes, due to expansion or parking needs.
  Ms. Coffman asked about the number of food trucks - Mr. Morgan said 4, they are permitted and inspected separately.
  Chmn Wilcoxson asked if the parking area was just grass, how would angle parking be achieved? Mr. Morgan said temporary paint could be used.
  Mr. Cross asked about the parking - Mr. Morgan said they don't expect the need for more parking. If the parking becomes a problem, staff will have them come before the city.
  Mr. Cunningham asked when they would begin.
  Lori said they have had 2 Second Saturdays there, waiting for this approval for the food vendors. Probably July, as must wait for City Council approval.
  Mr. Cross asked who the point of contact was - Ms. said FAC president or vendor coordinator. Mr. Morgan said applicant must provide that data on application.
  Ms Coffman asked about local businesses opening their facilities for the event. Mr. Morgan said the owner of both businesses on the lot have agreed.
  After calling for public input, the item was approved.
  
• Approved a final plat for a residential subdivision identified as Vintage Meadows Addition, Phase 2, consisting of 22.926 acres of property located southeast of High Country Lane and northwest of F.M. 741, in the City of Forney extra-territorial jurisdiction.
  Mr. Morgan explained according to the amended development agreement approved by council in April 2015. Original was approved by council in 2012. A final plat for phase 1 was approved June 2015, there have been no home permits yet, but expect them soon.
  
• Approved a final plat for a residential subdivision identified as Vintage Meadows Addition, Phase 3, consisting of 29.306 acres of property located southeast of High Country Lane and northwest of F.M. 741, in the City of Forney extra-territorial jurisdiction,
  Mr. Morgan said phase 3, same agreement, this plat conforms to the agreement.
  Mr. Bowen asked about requiring larger lots in the ETJ. Mr. Morgan said yes, this agreement was set to 5,500 sq ft, but future agreements could require larger. Considering recent changes to zoning
  Chmn Wilcoxson asked if these development agreements go straight to city council, not through PZ - Mr. Morgan said yes.
  
• Approved a one year extension for the approval of the preliminary plat for the Lakewood Trails Addition, a residential subdivision plat consisting of 208.061 acres of property located south of F.M. 741 and west of High Country Lane, in the City of Forney extra-territorial jurisdiction.
  Mr. Morgan said this is another agreement, approved Dec 2014, showing 7 phases, average lot size 6,000 sq. ft., this plat meets those agreements, which does have an expiration that would have occurred on June 16. Approving this will extend the agreement 1 yr.
  Chmn Wilcoxson asked when traffic studies were done - Mr. Morgan said one could be required for preliminary or final plat, or within city limits. This would be part of the agreement, which already approved the number of lots.
  Driveway permits would come from TxDOT, who might require a study.
  Chmn Wilcoxson said what we and Txdot consider crowded differ.
  Mr. Morgan said he wasn't involved that much in the original agreement.
  Ms Coffman asked if could make changes to the agreement, since extending the time. Mr. Morgan said the P&Z doesn't have authority to to change them.
  Ms. Coffman asked if not granting the extension would allow time to modify the agreement.
  Mr. Morgan said it would probably be legally challenged.
  Mr. Cross asked what would happen if it was tabled. Mr. Morgan advised against that, unless they could find it incomplete. It would be automatically approved.
  Mr. Cunningham said as it was originally approved by council... Mr. Morgan stated the applicant was here to answer any questions.
  Mr. Shiloh spoke, re: Ms. Coffman comments. If the city wants to reopen a dev agreement, they request it. If the other party does not agree, it will not be reopened.
  If the extension is denied, a preliminary plat would be re-applied for, and if it meets the development agreement requirements, it will be approved. You will end up in the same place.
  Mr. Bowen moved to approve, Mr Cunningham second, was approved 3-2 vote.
  
• Approved elevation plans for an accessory structure in the Forney Center Planned Development (PD 1158).
  Mr. Morgan spoke about the car wash, and the structure to be over it.
  Mr. Cross asked about the drain shown - it will have to be added, applicant is aware, public works would have to approve the plans.
  Chmn Wilcoxson said he thought it was a nice job, the only complaint was people from the hotel looking at it, but they are looking at the ac units now.
  
• Took no action re: a final plat for Lucky Three Forney Crossing, LLC, Lot 1, Block 1, located south of F.M. 688 and the railroad and west of S. F.M. 548, 1.63 acres.
  Mr. Morgan said commercial zoning does allow retail, meets all approvals, and txdot. Staff recommends approval.
  Chmn Wilcoxson expressed his concerns about traffic, and the applicants' understanding of how customers would access the property.
  Mr. Cross asked if there were any plans on the back side that would allow altering the access?
  Mr. Morgan said there is abandoned txdot property behind it, applicant it trying to acquire, but that could take years. He believes applicant does not consider it feasible to connect to other parking lots.
  Ms. Coffman asked if any changes were made since they voted it down? Mr. Morgan said no, the attorney was at that meeting and advised as it met all requirements it should move forward.
  But they did add a lane txdot requested. Mr. Bowen asked what would have happened if city council denied - it would have gone to the courts.
  Chmn Wilcoxson asked if no action was taken, would it automatically be approved. If there is no motion from the board? Mr Morgan said after a time lapse.
  Chmn Wilcoxson called for a motion several times, none were made.
  
• Shannon Stevens has started as building inspector. Michell Hodge has moved to neighborhood services, she was acting as backup person for that . Staff has received nearly 60 applications.
  
• Previous item is reconsidered - Mr. Bowen and Mr. Cunningham asked for clarification on some issues.
  Again, no motion was presented.