P&Z considers auto use request and ordinance.

During its regular May 02, 2019 meeting, the Forney Planning & Zoning Commission met and in summary: approved Diamond Creek plats, changes for Deen Implement overhaul, Alfredo's Steakhouse, denied Caliber Collision using outdoor storage, got stricter on auto repair zoning.

• Approved a revised preliminary plat for Diamond Creek Estates Phase 3 located northeast of the intersection of Diamond Creek Drive and Havenrock Drive, with change to specify 37.933 acres.
      Mr. Dixon said prev plat had an error, causing 5 lots to have wrong sizes. The plat has 129 lots, all meet minimum size, some exceed, has 6 acres of parkland. Mr. Wilkins asked if was really 37,933 acres - should be 37.9 acres. Mr. Cunningham asked if this was just a correction, on 5 lots - yes.
  
• Approved a final plat for Diamond Creek Estates Phase 3 located northeast of the intersection of Diamond Creek Drive and Havenrock Drive.
      Mr. Dixon said this matches the just-approved preliminary plat.
  
• Approved a revised site plan for Deen Implement, located at 703 W. Broad Street.
      Mr. Morgan said previous plan was approved 2018, request is to save construction costs - remove a tower, and change building from two-story 10k sq. ft. to single story 7.5k sq. ft. Staff reviewed and recommends approval.
      Mr. Cunningham said previous plan approved by P&Z & council; were the construction costs not figured in original plan? Applicant rep Mr. Zatto said the topography meant two story would be cool, but once figured construction costs for foundation, would save about $400k, and entire building will now be pre-fab. Mr. Cunningham asked about removal of the retaining walls - will they put in a berm, there is quite a slope there? Mr. Zatto said they don't need a retaining wall because not doing 2nd story. Mr. Wilkins asked about facade change, visible from Broad St - Mr. Zatto showed them renderings, said from the front it will look the same, only the back of the building has changed. Mr. Chambers asked about tractors parked on the lot - Mr. Zatto said no different than a parking lot.
  
• Approved a revised site plan for Alfredo's Steakhouse, located at 111 E. U.S. Highway 80.
      Mr. Dixon said two major changes - expand building by 425 sq. ft. to be used as restroom, for ADA compliance, and add two columns to front of building. Mr. Cunningham asked about 'the work is already completed', he asked if they obtained a permit. Mr. Morgan said it was a mistake by building official, applicant did go through the building department. Mr. Cunningham asked if they would need new Certificate of Occupancy (C.O.); Mr. Morgan said they will require inspection.
  
• Held Public Hearings -
  • Approved a Conditional Use Permit for a Used Merchandise Store (Thrift Store/Donations) to operate at 10462 E. U.S. Highway 80.
        Mr. Morgan said this is zoned commercial and is antique store, owner also runs Rusty by Design. All items must be stored indoors. Staff received no response to notices. The board may place restrictions on the CUP. Mr. Cunningham asked if this was a new business - yes. Ms. Holler asked about building size, she asked if was similar in size to nearby thrift store. Mr. Morgan said they are similar in size. She asked if they knew all must be stored indoors, Mr. Morgan said they discussed it.
    
  • Denied (5-1) a Conditional Use Permit for open storage of vehicles and equipment at Caliber Collision, located northeast of the intersection of Broad Street and Regal Street.
        Mr. Morgan this request would be for outdoor storage, the request doesn't consider the usage, just open storage. The building would be 10,250 sq. ft w/ 86 parking. The site plan shows wrought iron fence with masonry columns and landscape screening where outdoor storage would be (on the "south" side). Some storage also on "north" side, screened by chain-link, with perimeter screening. Staff received no comment from notices.
        There was no public input.
        Mr. Traylor asked if the screening would block the view; Mr. Morgan said mostly screened, once fully grown. Ms. Holler verified if this was just the CUP; Mr. Morgan said yes, but they can consider restrictions for the site plan for the CUP. Mr. Chambers asked about # vehicles; Mr. Morgan said 48 with parking. Mr. Shimkus said wrecked vehicles could be an eyesore, not sure shrubs will be sufficient. Mr. Wilkins asked how long a vehicle would stay on a lot, he would not prefer long-term storage. Developer Mr. McMennamy said Caliber is a unique repair shop - mom & pop shop might do heavy hit or light repair; Caliber takes heavy-hit damage to facilities in Dallas, this will only be light repair. They have equipment outside they shield and lock up.
        Ms. Holler appreciates the efficiency of the business, but such a highly visible intersection might not be good for outside storage. Mr. Shimkus also doesn't like storage here, moved for denial.
    
  • Approved an Ordinance amending the Zoning Ordinance, specifically including the reclassification any use that includes auto repair and amending any associated definitions.
        Mr. Morgan said they have no definitions for discussion, the chart provided shows proposed changes, whether the use is permitted by right or requires a Conditional Use Permit (CUP). They meet weekly with potential new businesses, many are auto repair, some are located near residential and schools where outdoor storage is lightly regulated, wanted to see if board was interested.
        Mr. Grady Stewart said cars are a big part of life, there is a shortage of mechanics. They are possibly #1 shop, the city is running him out. Mr. Cunningham asked him how long been there - 13 years, his dad 20 years. Mr. Cunningham verified with Mr. Morgan this would not affect existing businesses - yes. Mr. Shimkus asked how they are running him out - Mr. Stewart said they're after him about permits for tires, distance from walls, visibility of used tires. Mr. Shimkus said they are only looking at what new businesses are required to do. Mr. Stewart asked if they knew what used to be where the collision center was discussed - a hog farm. He said he bought a building in the county so he won't have to deal with the city, what happens if he rents the building to someone else for automotive use. Board directed him to contact staff. Mr. Shimkus asked if this was moving all of (the uses) to require CUP - yes.
        Mr. Cunningham stated this would not affect existing businesses w/ C.O. Mr. Chambers asked if an existing building expanded, would this apply - Mr. Morgan said yes, that would require a new C.O., and a new C.O. must meet new zoning.

• Adjourned at 1922.