Council Again considers Lover's Landing
During its regular Nov. 20, 2018 meeting, the Forney City Council met and in summary:
- Small Business Saturday Proclamation
- Forney Firefighters Combat Challenge Team Proclamation -
Chief Townsend showed a combat challenge video. - Approved as one consent item:
- acceptance of Public Improvements for Pinnacle Montessori of Forney.
- a preliminary plat for Diamond Creek Estates Phase 3.
- a revised site plan for ALDI Food Store, located southwest of the intersection of Farm-to-Market Road 548 and Ridgecrest Road.
- a site plan for the Lakewood Trails amenity center, located northwest of the intersection of Dusk Drive and Dawn Drive in the City of Forney ETJ.
- a Resolution approving a Development Agreement between the City of Forney, Texas and Dan and Sherry Wilson, the owners of a tract of land known as Kaufman CAD Property ID 54950, located on Hollow Creek Dr., Forney, Texas; and being an approximate 49.529 acres in the Martha Musick Survey, Abstract 312, Kaufman County, Texas, and authorizing the City Manager to execute same.
- a Resolution approving a Development Agreement between the City of Forney, Texas and Lewis Family Trust, the owners of a tract of land known as Kaufman CAD Property ID 9627, located at 12125 Lewis Circle, Forney, Texas; and being an approximate 43.972 acres in the Martha Musick Survey, Abstract 312, Kaufman County, Texas, and authorizing the City Manager to execute same.
- a Resolution approving a Development Agreement between the City of Forney, Texas and Nan M. Riter, the owner of a tract of land known as Kaufman CAD Property ID 178219, located on Hollow Creek Dr., Forney, Texas; and being an approximate 20.314 acres in the Martha Musick Survey, Abstract 312, Kaufman County, Texas, and authorizing the City Manager to execute same.
- a Resolution to award health, dental and life insurance benefits for the employees of the City of Forney and authorizing the City Manager to execute the contract documents.
- acceptance of Public Improvements for Pinnacle Montessori of Forney.
- Approved a revised site plan for RaceTrac Market, located at the northeast corner of F.M. 548 and F.M. 1641.
Mr. Johnson requested this to be discussed; storm-water detention area was below ground, now above which is typical, and why went from 10 to 8 pumps. Mr. Dixon said their study showed 8 was appropriate. Mr. Johnson said it was likely due to cost. Mr. Dixon they did not state a specific reason.
- Held Public Hearings -
- Approved an Ordinance amending the City of Forney Comprehensive Zoning Ordinance to add special exceptions for residential expansions.
Mr. Moon left the chamber. Mr. Dixon explained many structures are non-compliant due to low masonry requirements. Ordinance grants BOA right to approve variance, but only 10% expansion. Staff had discussions with homeowners, some over 100 years old, that owners wish to expand. This language would provide BOA with more options. P&Z voted to approve.
Ms. Penn said it's a great idea.
There was no public input. Mr. Moon returned to the chamber.
- Approved an Ordinance to rezone approximately 1.540 acres of land, located north of U.S. Highway 80 and east of Mustang Boulevard, from GR, General Retail District to C, Commercial District.
Mr. Dixon said this is to expand the car repair center. The Comp Plan does not provide a use for this land. P&Z approved.
There was no public input.
- Tabled until next council meeting an Ordinance to rezone property from Agricultural District to General Retail District. The property consists of approximately 3 acres located east of S. F.M. 548 and north of the Grayhawk Planned Development.
Mr. Dixon said the request is to be a multi-tenant center. The property was annexed in June, currently undeveloped. Overland Grove shows planned retail directly across the street. At P&Z meeting, two residents spoke against the item; it was tabled to consider creating a PD. Applicant declined to devote 5 acres for a PD. P&Z Nov. meeting took no action, which is considered as a denial. Council would have to approve by super-majority. The exhibit is not needed for zoning request. Comp plan does not provide a use. Staff received 2 calls opposed, and the 2 who spoke against at the P&Z meeting.
Mr. Myers said the property had a TABC request; applicant said he was going to put a gas station, but with Racetrac and retail across street, no. He said the Atmos right-of-way would prevent using 2 of the 5 acres. Mr. Moon asked if he had any interested parties - applicant has talked with large multi-tenant companies. Building will be 24k sq. ft. with 20 units. Mr. Myers asked if TABC had been canceled; applicant said as the city took no action, it has expired. Mr. Thatcher agreed. Mr. Myers asked why not use the useless acres for the PD; applicant said would have to pay commercial property taxes on the property.
Mr. Moon asked when bought - in June. He originally would put in gas station, but city wouldn't allow it, so went with shopping center. Mr. Johnson said if include the 2 acres, don't have to do anything with it. Applicant said didn't want to pay the extra taxes, but said if city requires it, he will do the 5 acres, he's ready to start construction right away.
Mayor Wilson asked if applicant could change to 5 acres; Mr. Thatcher pointed out this is zoning request, zoning doesn't change taxation levels, usage does. Mr. Myers asked if he would not pay more for PD - Mr. Thatcher said if easement was included in PD, no improvements could be on it.
There was no other public input.
After the vote, Ms. Penn told applicant a tabling is in his favor.
- 2nd Public Hearing regarding the annexation of an approximate 29.224 acre tract of land owned by Pacific & Pinson, situated in the J. Lopez Survey, Abstract No. 286, Kaufman County, Texas, Kaufman CAD Property ID 9187, located on the north side of FM 740 adjacent to current city limits.
Mr. Thatcher said these 3 items would have no action, so no need to close each hearing. No action may be taken for 20 days after this hearing.
They have not received any input from owners, or from the public.
There was no public input.
- 2nd Public Hearing regarding the annexation of an approximate 48.717 acre tract of land owned by Helen M. Whaley, situated in the A. Hyer Survey, Abstract No. 203, Kaufman County, Texas, Kaufman CAD Property ID 7810, located on FM 741 near High Country Lane.
There was no public input.
- 2nd Public Hearing regarding the annexation of an approximate 51.431 acre tract of land owned by Whaley Investments, Ltd., situated in the A. Hyer Survey, Abstract No. 203, Kaufman County, Texas, Kaufman CAD Property ID 7865, located on FM 741 near High Country Lane.
Mr. Thatcher said this is adjacent to previous item. All these properties are vacant.
There was no public input.
- Approved an Ordinance amending the City of Forney Comprehensive Zoning Ordinance to add special exceptions for residential expansions.
- Vision 2025 -- Goals and Initiatives - no discussion.
- Postponed a preliminary plat for Lover's Landing, located north of U.S. Highway 80 and east of Lovers Lane.
Mr. Dixon said the request is to develop as SF subdivision, currently vacant. Previously requested SF 8, P&Z denied and was not appealed. Next plat had SF15 plus commercial. Another with no commercial went to P&Z, approved 5-2. Park-land dedication would be 5 acres, plus development fees of $61k. Applicant prefers fees, park board suggested fees in lieu. Plat shows 2 connections to Lovers Lane, one to Heritage Hill, none to frontage road. City engineers are reviewing TIA to see if fees are needed. P&Z failed to approve 2-4 therefore applicant is appealing. Approval would require 3/4 vote.
Ms. Penn said she would like to discuss in exec session. Mr. Jeff Crandall (with applicant) said they are excited to get this project going, this meets all requirements, they are ready to get started. He's heard it's the good plan, but in wrong spot, but this is the only spot they have.
- Approved an Ordinance amending the 2018-19 Fiscal Year Budget transferring $20,000 from the EDC Fund Balance to the EDC Project Expense line item in support of a new Demolition Grant Program.
Mr. Ketteman said during a visit in Jacksonville, they discussed their policy like this.
- Approved an Ordinance amending the 2018-19 Fiscal Year Budget transferring $7,500 from the EDC Fund Balance to the EDC Project Expense line item in support of an economic development incentive for new Thai Pho restaurant.
Mr. Ketteman said he hopes can come before them many times for adjustments, would mean they are very busy. This is a new restaurant, where Care United was, they worked with city attorney to provide this $1500 per employee. Mr. Myers said this will make many people happy. Mr. Moon thanked them for working on this deal; Mr. Ketteman said he moved that thanks to the applicant.
- Appointments to various boards and commissions including: Parks and Recreation Board.
Ms. Brooks said a park board member resigned; Mr. Johnson asked how many were open on BOA - possibly 3 alternate members. Derald Cooper was appointed to the Park Board.
- Held a 35-minute executive session re:
- Soah Docket No. 471-17-4964.WS; PUC Docket No. 46662--Pet. of Plano, et al.
- PUC Docket No. 47814--Pet. of Talty SUD, et al.
- Growth Management Plan
- Approved unanimously a preliminary plat for Lover's Landing, located north of U.S. Highway 80 and east of Lovers Lane.
- Adjourned at 2016
- Soah Docket No. 471-17-4964.WS; PUC Docket No. 46662--Pet. of Plano, et al.
meeting_date:
Tuesday, 2018, November 20