P&Z considers business expansion, more distribution centers

During its regular Apr. 08, 2021 meeting, the Forney Planning & Zoning Commission met to consider a business expansion, several distribution centers, new roads.(watch official video)

• Held Public Hearings -
  • Approved a Conditional Use Permit for All Terrain Vehicle Dealer/Sales and Personal Watercraft Sales to operate at 117 E. U.S. Highway 80.
        Mr. Morgan said this would allow for expansion of the CUP approved in 2017, currently have a 10.5k sq ft building, want to add 13.5k, and add watercraft sales.  Also would expand parking and outdoor display areas.  The gravel and display areas are almost 20k sq ft, double the existing size.  New parking is concrete.  Applicant will provide concrete screening wall along back.  Sent notices, received one complaint today from Neighboring commercial business about RideNow customers parking on his property and walking over.  Plans meet zoning requirements.
        Mr. Helm said the additional parking spaces in back could help, would it be possible to put a gate there? Mr. Bill Ellis, with Camden Design Group, said they understand have been times where delivery trucks went next door, plans provide a way for them to stay on the RideNow property.  Parking in back is for employees.  Fire lanes: plat show it there between the properties, they can't close it.  They are providing 20 more parking spaces than required.  Mr. Helm appreciates the buffer at back, near the homes.  Mr. Brown asked if plan to keep vegetation - yes, owner wants masonry for security and sound protection.  Chair Holler asked about gravel in back, shown for display.  A: Currently about 11,500 sq ft on side of building, like to show the ATVs on large gravel.  The new building goes there.  The public will be able to go to the gravel area in back, see the parked items.  Replacing the gravel area they have now.  Chair Holler said it sounds like outdoor storage; Mr. Ellis said it appears they are doubling it, but gravel section is about same size.  Chair Holler said the front and back come to almost 20k sq ft.  Mr. Morgan said they would go by the concept plan, outdoor storage would not be allowed.  Chair Holler asked if items brought in at night; Mr. Ellis said he's not the owner, but items are put outside for customers to see, similar to a car lot, or Cabella's.
        There was no public input.
    
  • Approved a replat for the Forney Business Center Addition, located on East Main Street between Center Street and South Chestnut Street.
        Mr. Morgan said this is 1 acre, this will establish a fire lane for new building, which was approved by council with the site plan, Dec. 2020.
        There was no public input.
    
  • Approved to rezone 60.233 acres to a Planned Development with a base zoning district designated as Light Industrial. The property is located south of U.S. Highway 80, north of S. Gateway Boulevard and west of County Road 212.
        Mr. Morgan said next 3 items relate to this.  40 acres were annexed and zoned LI in by city council in Jan., this adds 20 acres to that.  Complies with developer agreement approved by council.  Manufacturing requires CUP, no truck stacking allowed, masonry screening required along residential.  Similar to existing projects in the area.  Amazon FTW5 being constructed across 212.  No responses to public notices.
        Mr. Helm asked if putting two buildings on property; yes.  Mr. Morgan said they will be similar tilt-wall construction, slightly different sizes, both 47 ft high.
        There was no public input.

• Approved a preliminary plat for Lot 1 & 2, Block 1, Platform 80-20 Addition, located northwest of the County Road 212 and S. Gateway Boulevard intersection.
      Mr. Morgan said this shows two lots.
  
• a site plan for the Platform 80-20, located west of the County Road 212 and S. Gateway Boulevard intersection.
      Mr. Morgan plan shows two buildings, 430k and 512k sq ft, 47 ft high.
  
• Approved a final plat for the Van Trust Gateway Industrial Addition, located south of U.S. Highway 80 and east of S. Gateway Boulevard.
      Mr. Morgan said this was discussed in Jan, one 43 acre lot, similar PD standards, was approved by council in Jan.
  
• Approved a final plat for the new Forney ISD Middle and Intermediate School, located north of F.M. 740 and west of Ranch Road.
      Mr. Morgan this is 262 acres, preliminary plat approved in Feb, complies with ordinances.
  
• Approved a preliminary plat for First Presbyterian Church, located at 12433 FM 1641.
      Mr. Morgan said this is to set boundaries, meets subdivision ordinances.
  
• Approved a revised site plan for First Presbyterian Church, located at 12433 FM 1641.
      Mr. Morgan said this is for new 6.8k sq ft building, brick and stone, parallel to existing building.  Parking meets requirements.
  
• Approved a site plan for Forney Marketplace Lots 3 & 4, located north of U.S. Highway 80 and west of Marketplace Boulevard.
      Mr. Morgan said original plans were incomplete, but been updated, so can recommend approval.  Two lots, 3.66 acres, buildings 15k and 14k sq. ft.  Plan allows restaurant and retail uses.  Bicycle racks and an escape lane were two main issues, now complying with requirements.  Chair Holler verified all items have been addressed - Mr. Morgan said yes.  Staff will make sure updated plans provided to council for their meeting.
  
• Withdrawn: a site plan for Forney Marketplace Lots 5 & 7, located north of U.S. Highway 80 and west of Marketplace Boulevard.
      Mr. Morgan said this said there are unanswered items, applicant requested it be withdrawn, will resubmit later.  Mr. Bingham asked why the delays in the process; Mr. Morgan said staff has communicated with applicant, but received no responses.
  
• Approved a site plan for Wildwood Blvd, located north of U.S. Highway 80 and Trailhouse Lane.
      Chair Holler recused herself.
      Mr. Morgan said this is for the road that will go through Trailhouse PD, with Multi-family on north side, office and retail on south.  There was a thorough review of plans, landscaping goes above requirements.
  
• Approved the Forney Industrial final plat, consisting of 101.833 acres located south of U.S. Highway 80 and Clements Drive.
      Mr. Morgan said this is in Wellington Ridge, two lots zoned for LI and General Retail in Aug. 2020, plat meets requirements.
  
• Approved a final plat for Windmill Farms Phase 6B.
      Chair Holler returned to the meeting.
      Mr. Morgan said preliminary was considered last month.  No longer have a developer agreement with WMF, but is in ETJ; subdivision requirements apply.  Has 281 lots, 276 are residential, over 65 acres.  Staff recommends approval as meets minimum requirements. Mr. Helm asked about lot widths; Mr. Morgan can't review lot sizes, majority are 4800 sq. ft., some at 7200.  That is consistent with smaller phases in WMF.  Had lot size standards with agreement, but now have nothing to use to regulate.
      Mr. Bingham verified can't do anything about lot sizes, moved to approve.  Motion failed on 3-3 vote; City Attorney Mr. Thatcher said a reason needs to be stated for the denial; Mr. Helm said is due to small lot sizes.  Mr. Bingham asked if denying this sets the city up for lawsuits; Mr. Thatcher said without the development agreement, which expired (and would have provided lot size constraints), may only ask if it meets other subdivision rules, can't regulate size of lots.  This provides developer means to appeal, council will consider P&Z ruling and requirements, and rights of developer who is entitled to approval if meet standards.  If council denies, developer could show they met all requirements and seek a court order.  Mr. Bingham said his begrudging approval was due to lack of agreements, shouldn't open city up to litigation, which costs taxpayers money.  Mr. Helm said he understands the ramifications, there is opportunity to avoid that at council, but P&Z has advisory function to council, he wants to advise council don't need small lots.  Mr. Thatcher said this originally wasn't even in the ETJ, various agreements came, annexed property into ETJ.  Where city has control, will enforce it.  Mr. Bingham expressed a desire for council to be shrewd in future development agreements.
      New motion to approve passed 4-2 (Helm, Jones nay).
  
• Approved approval of a right-of-way plat for Innovation Boulevard.
      Mr. Morgan said this provides connection from Ranch Rd to the new schools.
  
• Adjourned at 1931.