P&Z debates changes to ARB ordinance

During its regular Oct 05, 2017 meeting, the Forney Planning & Zoning Commission met and (this is the preliminary report, subject to change):

• Approved in one motion:
  
  • a final plat for the North Texas Municipal Water District Forney Addition, lots 1 and 2, block 1, located north of East Broad Street and west of Regal Drive.
        Mr. Patroski briefed the members, it is 6.7 acres, has 2 existing structures, is zoned commercial and has 2 access points. Applicant has authorization from Copart Excavation, Inc. to allow storm water to enter along the easterly property line of Copart’s property located at 501 E. U.S. Highway 80.
        Mr. Carr asked what they plan to use it for - John Ho (owner rep.) said there is a new building under construction that is almost complete, about 4000 sq ft, for maintenance purposes. There may be a future ground storage tank. Mr. Wilkins asked if there would be outdoor storage - Mr. Ho said in future they may construct an outdoor storage. Ms. Lemons asked if they could stipulate no outdoor storage - Mr. Morgan said this is a plat review, so not reviewing usage, would have to restrict that later. They do have permission to store vehicles outside.
    
  • a preliminary plat for the North Texas Municipal Water District Forney Addition, lots 1 and 2, block 1, located north of East Broad Street and west of Regal Drive.

• Approved a preliminary plat for Juan Aguinaga Office Addition, block 1, lot 1, located east of Pinson Road (F.M. 740) and north of Redbud Drive.
      Mr. Patroski briefed the members, the property is currently vacant, office building is an approved use. A site plan was approved by council in June.
      Mr. Carr asked if they considered a retaining wall for the creek area, which may be in the 100-year flood plain. Mr. Morgan said that would be reviewed by staff during the final plat.
  
• Held a public hearing to:
  
  • Provide an approval process for if the Architectural Review Board fails to meet or make a determination on a request within a specified amount of time.
        Mr. Morgan said this item was tabled last month, where they discussed sending to council, or to P&Z. Mr. Thatcher is here to answer questions.
        There was no public input.
        Mr. Cunningham asked if this was proactive or reactive; Mr. Morgan said board has limited number of members, was an item where some could not vote due to conflicts of interest, so is reactive. They have requested more members, council has not appointed any, may not have received applications.
        Mr. Thatcher stated board members must live in the zone, the ordinance states they must meet within 30 days. The applicant may appeal withing 10 days to P&Z, and may then appeal to council. If P&Z fails to meet on the item in 30 days, it will be automatically denied - that language is not in the ARB ordinance. Staff doesn't have a strong opinion of which way it goes; going directly to council does remove one appeal step for the applicant. P&Z has little final authority, they are generally working in advisory capacity to the council. The ARB does have final authority.
        Council will have to approve whichever decision they make tonight.
        There was further discussion about the appeal process. Mr. Thatcher also said the council meets twice per month. Mr. Carr asked what sort of things the ARB handles - Mr. Thatcher said a building in the HOZ that the owner wants to change in a significant way. Chmn. Wilcoxson asked if would be more advantageous to goto council - Mr. Morgan said timing is not that much of an issue.
        Mr. Brothers said more sense to come P&Z so they have a second chance. Mr. Bowen said that would provide applicant more feedback.
        Board approved amending the motion to have items come to P&Z first.

• Director's Report - Nov meeting is on 9th.
  
• adjourned 1900.