FORNEY, Texas — The City of Forney Planning and Zoning Commission approved plans for a new Dairy Queen location and denied plans for two new phases in the Windmill Farms development, among other things, during their regularly-scheduled meeting last night, July 1, 2021.

Following a public hearing on Thursday, the commission approved a conditional use permit for "Heavy Machinery Sales and Storage" for the Deen Kubota, located at 705 West Broad Street, to allow the existing business to expand to two adjacent acres. Subsequent action approved the related preliminary plat, final plat, and site plan.

The 117-lot, 38-acre Oak Creek residential subdivision received approval of its final plat. The subdivision is located south of Farm-to-Market (FM) 548 and the Chestnut Meadows' Sycamore Trail entrance.

Dairy Queen received approval of a preliminary plat, final plat, and site plan to construct a new restaurant on a vacant lot next to its current location at 105 West U.S. Highway 80. Its the understanding of city staff that Dairy Queen plans to demolition its existing location once the new location is completed.

The new Dairy Queen restaurant proposes a single-story 3,233-square foot building, an outdoor dining area, and 39 parking spaces. The new drive-thru lane proposes two stacking lanes which merge to a single service lane and an adjacent escape lane.

The commission then heard preliminary and final plats for Windmill Farms Phase 4D Section 2 and Phase 4D-3, which are both located in the City of Forney's extraterritorial jurisdiction. Both phases are located on the far north side of the Windmill Farms subdivision near FM 548.

According to Community Development Director Peter Morgan, because the phases are in the extraterritorial jurisdiction, the City of Forney does not have zoning control for the developments lot sizes, which vary from 6,000 square feet and 8,000 square in Phase 4D Section 2 and 4,040 square feet and 6,000 square feet in Phase 4D-3.

The city's Code of Ordinances do, however, according to Morgan, allow for the City of Forney to require adherence to the city's parkland dedication requirements — whether through private parkland dedication or fees-in-lieu of land dedication.

Phase 4D Section 2 would require either a land dedication of 7.84 acres and a park development fee of $82,712 or a fees-in-lieu of land dedication payment of $303,408. The Phase 4D-3 would require either a dedication of 13.56 acres and a park development fee of $143,058 or a fees-in-lieu of land dedication payment of $524,772.

"The applicant has not confirmed that these requirements will be met," Morgan told the commission.

Following an executive session, the commission motioned and voted to deny both phases due to city's ordinance requiring parkland dedication.

During the next meeting of the Planning and Zoning Commission, the commissioners will vote to appoint a vice-chair.