P&Z considers 1,700 more homes

During its regular Dec. 06, 2018 meeting, the Forney Planning & Zoning Commission met and in summary:

• Held a Workshop to discuss City Codes and Ordinances and the responsibilities of the Planning and Zoning Commission. Watch Video
      City Attorney Mr. Thatcher briefed the board, relating his tenure on a P&Z during law school. He said council can't take action on certain things without P&Z recommendations. Zoning Authority: is one of the police powers a home-rule city has, unlike a general rule city. The commission may make recommendations on zoning changes, and changes to the zoning rules. Without action of this commission, council may not take action on any zoning items.
      Subdivision controls: commission reviews plats, which is a administerial function. The Comp plan includes thoro, land use. Chmn. Thomas said 'must' approve items, if they don't they could be held liable. Mr. Thatcher agreed, as long as an item meets all the requirements. Mostly related to administerial items for plats. Chmn. Thomas said a good time for personal opinions about property is before zoning changes are made. Mr. Thatcher said want to make sure zoning follows comp plan.
      P&Z has input for the comp plan, fireball: establishing that as PD sets land use patterns. They can make recommendations for annexation, capital improvement programs,
      Limit on authority - basing decisions on your opinions. Ultra vires - imposing restrictions beyond ,,,, Zoning is a legislative function; if they repeatedly deny zoning changes to a parcel, could be sued for taking and city be required to ,,,
      MH asked if could happen for denying change from comml to something else.
      Mr. Thatcher mentioned ethics rules approved by council earlier - he spoke about conflicts of interest. Open meeting act training is important, training avail online, important to know.
      Vested rights - rules currently in effect must apply. Manufactured housing and religious institutions have special rules.
      The only difference for the chairman is calling,,,
      He went through the rules of procedure for agenda items. He said rules allow for resident input on any item ,,, After a motion is made, no more comments until after a second. He went through the rules regarding public hearings.
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      social media, ppl will comment w/o knowing underlying...
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      Mr. Wilkins asks if taking not action = denying; Mr. Thatcher said not always, if a time period is involved, it could be deemd approved. If there is any question, best to seek counsel and table the item (stating when it will be reconsidered).
  
  
• Held Public Hearings -
  • Denied a request to zone property from Agricultural District to Planned Development District with single-family residential base zoning. The property consists of approximately 348.82 acres of land located south of Forney High School, on the south, east, and west sides of F.M. 741. This request includes 102.8 acres of land in Forney ETJ.
        Mr. Morgan said Mr. Atkins represents the owner - a portion of the land is in city limits, part is under annexation action if zoning approved, 246 acres in city. Base SF-6 is smallest in zoning ordinance, staff notes minimum lot size is 7,700 sq. ft. vs. their request of 7,200 and 6,000. Likewise width is 50 instead of 60, minimum home sq. ft. 1,800 is larger than base zoning of 1,500. Staff is drafting language to prevent repetition of elevation, not in zoning yet, they add to any PD. Amenity center required before 30th home built. Plan shows 15.8 acres park land, applicant proposes to meet requirements with some fees and credit for amenity center. This has not gone to park board yet. Also has 32 acres open space. Comprehensive plan has no recommendation. Received no public comment.
        Mr. Pat Atkins showed a presentation, he said been working with staff several months. Currently under contract to purchase the property. Development near them is in the county, w/ developer agreement with city. They plan homes starting at $320k: 441 small lots, 837 larger. They would expand Monitor Blvd, open space will exist along gas line easements, lakes would be retained. Housing plans will be typical for Forney. They are excited to bring the property into the city, no MUDs will be required. There will be an HOA, FISD has expressed no interest in an elementary school.
        Chmn. Thomas asked if any is in Talty CCN; Mr. Atkins said sewer is all Forney, water is Talty. Chmn. Thomas asked if they would request Talty to release it; Mr. Atkins said the CCN would have to be bought out, city would have to do that, they would not object to city providing. Mr. Morgan said discussions had occurred with staff. Mr. Shimkus discussed park land - some is in flood plain, some not. They may have to lose units to provide park land. Mr. Morgan said parks board usually makes determination, it can be taken into consideration by P&Z. Mr. Cunningham asked if this abuts FISD - yes; he asked Mr. Morgan about lack of response from the FISD, Mr. Morgan said they did receive a notice.
        Chmn. Thomas asked about Lakewood Trails; Mr. Morgan said is outside city, but zoning would be SF-6. Mr. Wilkins asked about 2 size lots, which would build first - Mr. Atkins said 120 depth is ideal for builders, they would start near Monitor and amenity center.
        Mr. McBeth spoke, semi-representing edc board - looking at limited amount of land available, detrimental impact for the FISD, compared to business parks that provide day-time jobs and less impact for FISD and city, there are better uses than just residential.
        Mr. Thatcher said as part is in city, annexation requests are not withstanding this action, action must be subject to annexation.
        Mr. Shimkus moved to deny, due to increase in traffic.
    
  • Denied a request to zone property to Planned Development District with single-family residential base zoning. The property consists of approximately 124.716 acres of land located north of High Country Lane and southwest of the Lakewood Trails subdivision in the City of Forney ETJ.
        Mr. Morgan said this is similar to previous request, except all the property is in ETJ and none under annexation, they have applied for voluntary annexation. Similar to last plan: base SF-6, 442 lots, 293 larger size, minimum homes 1,800 sq. ft. 10' trails and amenity center are shown, Comp Plan has no use defined. Staff received no public input, majority of area required no notices. Mr. Thatcher said it is subject to developers agreement, which says any zoning or plat accepted triggers voluntary annexation. Mr. Morgan said the development standards are very similar. Mr. Atkins said west of Whaley, near High Country. Adjacent to Mustang Creek, they are under contract to purchase property, surrounded by residential, no thoroughfare or commercial use. They would like to get property into city. Sewer would be by Forney, water by Talty. This would provide consistency in a residential area.
        Chmn. Thomas said High Country is a county road - yes. That road will get a lot of use, will developer or county improve the road? Mr. Atkins said they will pay impact fees, no intent to upgrade the road, Lakewood Trails also uses the road. Mr. Shimkus asked about an existing home and business near the area; Mr. Atkins said they would fence it. Mr. Chambers asked if 442 units - that will have impact on the road, have they talked to FISD. Mr. Atkins said they have, FISD has no interest. They always offer districts an opportunity for elementary school.
        Mr. Wilkins asked if in ETJ, what would they vote on; Mr. Morgan said zoning contingent on annexation.
        Chmn. Thomas moved to deny, unanimous approval.

• Approved a site plan for Goodyear, located at the southwest corner of S. Gateway Boulevard and U.S. Highway 80.
      Mr. Dixon said is 102 acres, bordered by vacant land and some residential. Distribution center is approved use in this PD. Tilt-wall and cementitious materials will be used. Truck and trailer storage will be provided on all sides with no screening, open storage will be 22% of the open lot area (40% is allowed). Chain link fence w/ barbed wire. Site plan meets all requirements.
      Mr. Chambers asked about the barbed wire all around - Mr. Morgan said it will be horizontal strands. Mr. Shimkus asked about landscaping - it is provided. Mr. Chambers asked how many bays - Mr. Morgan said 28 on two sides.
  
• Approved a final plat for Gateway Parks Addition, Phase 4B, located northwest of the intersection of S. Gateway Boulevard and Holly Creek Road in the City of Forney, Texas.
      Mr. Dixon said this is in Gateway PD, preliminary plat approved in May, 2015. 1/2 lots must be 5800, other must be 7000;
  
• Discussed future land use for the property located at the southeast corner of S. F.M. 548 and F.M. 741.
      Mr. Morgan said staff is looking for direction, this is one of most discussed properties. There is limited availability for driveways, floodplain is an issue, the creek area is not redeemable. This was originally considered a retail area, with the creek being a water feature with many bridges. Some developers are considering residential. TxDOT would allow only 13 homes to use a driveway. It has a PD that effectively can't be built out. Chmn. Thomas asked how many usable acres it had - entire item is 234 acres. He agrees residential is not best use. Chmn. Thomas asked if would allow entry off 548 - yes, but quickly hit flood plain. Mr. Morgan said the area shown is only 37 acres.
  
• Adjourned at 2142