P&Z approves MF near Kroger, and brewpub definition

During its regular Feb. 01, 2018 meeting, the Forney Planning & Zoning Commission met and in summary:

• Approved a site plan for Harris Office Lot 2, located south of the Union Pacific Railroad and west of Farm-to-Market Road 548.
     Mr. Morgan introduced new staff member Alex Dixon, who then briefed the commissioners. This plan is for a second office behind the existing dental office which is 8,255 sq. ft. The new one will be 5,321 sq. ft. This is in the Fox Hollow PD. Parking is above the requirements.
     Mr. Carr asked if will have another entrance/exit. A member of the architect firm spoke, stating TxDOT won't allow another one. The owner will move into this new building, making the building with frontage available.
  
• Tabled 5-1 (Mr. Bowen Nay) a revised site plan for the Kroger Drive North Addition, located north of Kroger Drive and west of N. F.M. 548.
     Mr. Dixon said council already approved a site plan, this plan has a smaller building and a drive-thru, parking is still above the minimum required. Mr. Carr asked about sidewalk width, and the increased traffic at this intersection. Chmn. Wilcoxson was more concerned about traffic backing up to the signal on Kroger drive. Mr. Carr suggested moving the sidewalk 12 feet back to allow for wider turn. Ms. Lemons said the drive-thru would add more congestion. Byron White, project engineer replied to request for R.O.W. - he can discuss it with the client, but if they give up that room, would not be able to meet landscape buffers. Mr. Cunningham asked about location of the 4 businesses - the restaurant will be in the back. Mr. Bowen asked if the city would be responsible for adding a road in the additional ROW - yes.
  
• Approved 5-1 (Mr. Carr Nay) a preliminary plat for The Emerson at Forney Market Place, located west of Kroger Drive.
     Mr. Morgan briefed the board. Mr. Carr said the entire development is 64 acres, where is the park-land? Mr. Morgan said they are providing fees in lieu of, as provided in the ordinance. Mr. Carr asked why the ordinance allows fees? Mr. Morgan said most cities allow that; most cities don't want small pocket parks. Mr. Carr said it was about money, not people. Mr. Morgan said would have to raise taxes to support pocket parks. There are meetings about park space on N. side, at American Planning Assoc. meetings they often discuss how little pocket parks are used. He would encourage the commission to require larger parks dedications in future. Mr. Carr asked if public access to the dog park would be allowed.
     Mr. Taylor Stone spoke, the dog park will not be open to public, this is a fenced and gated community as required by the PD. Chmn. Wilcoxson suggested Mr. Carr make a formal request to change the ordinances.
  
• Approved 5-1 (Mr. Carr Nay) a final plat for The Emerson at Forney Market Place, located west of Kroger Drive.
     Mr. Morgan said this is the same property. Ms. Lemons asked if multi-family was zoned in 2009? yes. Mr. Mr. Bowen asked if Trailhouse will go to service road. Mr. Morgan said the thoroughfare plan shows that, but it is currently being revised.
  
• Approved a site plan for The Emerson at Forney Market Place, located west of Kroger Drive.
     Mr. Morgan said it will have 320 units, controlled and gated access, 80 carport spaces + 80 detached garage spaces. Staff recommends commission requires compliance with PD screening. Mr. Taylor Stone showed pictures of another development using metal tube fencing; they do not want to place columns every 10 ft, to provide a more fluid, clean look. They want to use chain link along the detention pond. Brick columns tend to fail over 10-15 year period. Mr. Bowen asked what the purpose of the fencing was? Mr. Morgan said that was in 2009, he has no details.
     Mr. Thatcher said a variance would require an amendment to the ordinance. Mr. Carr agrees having fencing sends a bad message, he asked if gated community was a selling point? Mr. Stone said it is. Mr. Morgan said any change to fencing would require tabling and amendment to the PD. Mr. Stone said it is more important they start, and they might work with the city later. Mr. Bowen asked what the advantage to fencing was - it's really keeping unwanted automobiles out. Mr. Bowen asked what the price level is - comparable to Gateway. Mr. Thatcher said any approval of site plan would require adherence, if the PD is changed they would have to submit a revised site plan. Mr. Brothers expressed concern about kids climbing the chain link. Chmn. Wilcoxson said he prefers the tubular fencing. Mr. Morgan said approval would require the PD columns with no chain link.
  
• Held Public Hearings -
  
  • Approved an Ordinance rezoning property from SF-6 Single-Family Residential to General Retail and the Central Business Transition Overlay District at 104 N. McGraw Street.
       Mr. Morgan stated the proposed use is office, the comprehensive plan supports this request, received one response in support. Mr. Ketteman said the property borders other commercial, there is renewed interest in having businesses downtown.
       There was no public input.
    
  • Approved Ordinance amending the City of Forney Comprehensive Zoning Ordinance to add a definition and regulations for Microbrewery and any related use.
       There was no public input.
       Mr. Morgan briefed the commission - TABC provides two options: a brewer's permit is for wholesale, staff has few requests for this. Two: a brewpub permit allows for on-site consumption, can sell other breweries products, are limited to 10000 barrels per year, may self-distribute to stores and bars.
        For alcohol sales the city allows two permits: restaurant and private club. A brewpub would have to hold one of those permits.
       Current ordinances state consumption is not allowed in 300' of church or public school without a variance, or in residential area. Reporting requirements: must have 1/3 of sales be food for a private club, for restaurant it is 40% (recently lowered by State).
       Staff recommends removing microbrewery as it isn't defined by ordinance or TABC, and add brewpub, which would allow on-site production, but would still have to meet food sales requirements. Staff suggests allowing as CUP in some zonings. Provided notice about this hearing, had no response.
       Mr. Cunningham asked about state requirement for permits - Mr. Morgan said they would need a brewpub permit and either restaurant or private club permit. State brewpub permit does not require food sales, but city would.
       Chmn. Wilcoxson asked if the Dallas breweries have food service - no. Mr. Carr spoke about his experience building brewpubs, it is a big growth industry, he objected to allowing a variance for location. Chmn. Wilcoxson asked if that would eliminate locations downtown - possibly parts of it.
       Ms. Lemons asked why staff bringing this up - Mr. Morgan said have had people asking about this. Ms. Lemons asked if EDC was trying to bring such a business in - Mr. Morgan said has not spoken with EDC about this. Chmn. Wilcoxson asked if staff was trying to be proactive - yes, Mr. Morgan expects will have a request in 2018.
       Mr. Thatcher said will still have a restaurant feel ; if someone wanted a business only doing production, that would require a vote. Mr. Bowen asked if the food sales requirement included off-site sales - yes, it is based on total sales. Mr. Carr asked if there were any penalties - Mr. Morgan said yes, and could refer to TABC.
       There was no public input.

• Chmn. Wilcoxson said during the retreat, there was discussion about a time limit - Mr. Morgan said have that already, on site plans and plats.
  
• Chmn. Wilcoxson said when a commissioner speaks to a public body, clearly state you are speaking as a private citizen, not for the entire board.
  
• Adjourned at 20:03