Council fails to approve residential moratorium
During a special called Aug. 30, 2021 meeting, the Forney City Council met to consider a residential building moratorium. (watch official video)
- Held Public Hearing -
- first reading of an ordinance imposing a moratorium on applications and plans for development, permits, plats, verifications, rezoning, site plans and new or revised certificates of occupancy for single-family and multi-family residential development within the corporate city limits of Forney, adopting written findings justifying the moratorium, providing for waivers and limited exceptions to the moratorium, and establishing an expiration date.
- Mayor Lewis stated she's hearing frustration from residents about the "unprecedented and uncontrolled growth," and this is overwhelming city staff. She believes a moratorium is the best way to get their heads above water. She listed bullet points on a slide show for the 120-day pause:
- imposing a moratorium on applications and plans for development, permits, plats, verifications, rezoning, site plans and new or revised certificates of occupancy for single-family and multi-family residential development with the corporate city limits of Forney.
- Moratorium lasts a maximum of 120 days; can be extended.
- Affected properties:
- inside city limits requesting re-zoning for residential development
- inside city limits filing first applications for plats, site plans, or development plans for residential development
- Mayor Lewis said there is much misinformation on social media, so:Properties to which the moratorium does Not apply:
- Commercial and other non-residential development
- existing (filed) site plans, plats or other development applications
- development agreements of plans with the City
- outside city limits: in the ETJ
- Growth: estimating 13,837 new residents for the 9 developments approved in last 5 years. 75% Single-Family units received variances for smaller lot sizes.
- Purposes of Moratorium:
- time for evaluation of roads and facilities. Mayor Lewis said this is not a "no" to developers, just a pause.
- the city does not have a viable Comprehensive plan; they approved hiring a firm to start a strategic plan. The firm will be selected in October; this pause will allow time to assemble a team.
- P&Z department needs relief, they are working weekends to keep up with the volume.
- Preserve health, safety and general welfare of the community. Police staffing is below the standard ratio, they need time to hire more police and fire personnel.
City Attorney Mr. Thatcher said a moratorium is "a very involved legal process", the public notice stated two public hearings: this one and another at P&Z meeting. This must be based on need, to mitigate problems with items such as shortages, roads, utilities, safety. This would continue a moratorium on residential development. Does not affect commercial or projects with vested rights. The temporary moratorium will be in effect on Sep. 2 until Sep. 12. The 120 day moratorium may be extended, but requires additional public hearings to show the need. Council is able to respond to comments in a public hearing.
Mayor Lewis said the comprehensive plan is multi-faceted: thoroughfare plans, traffic capacity, land use.
- imposing a moratorium on applications and plans for development, permits, plats, verifications, rezoning, site plans and new or revised certificates of occupancy for single-family and multi-family residential development with the corporate city limits of Forney.
- Public speakers:
- Opposed to the moratorium: Mr. Richard Hanson, Mr. James Clifton, Mr. Jody Boyd, Mr. Gage Prichard.
- In Favor of the moratorium: Mr. Mike Ellison, Ms. Alice Hogue, Mr. Ray Myers, Mr. Gero Temesvary.
- Opposed to the moratorium: Mr. Richard Hanson, Mr. James Clifton, Mr. Jody Boyd, Mr. Gage Prichard.
- Motion to approve first reading Failed (3-3; nay:Traylor,Powers,Cooper). Motion to table item until next regular meeting also failed on 3-3 vote.
- Mayor Lewis stated she's hearing frustration from residents about the "unprecedented and uncontrolled growth," and this is overwhelming city staff. She believes a moratorium is the best way to get their heads above water. She listed bullet points on a slide show for the 120-day pause:
- first reading of an ordinance imposing a moratorium on applications and plans for development, permits, plats, verifications, rezoning, site plans and new or revised certificates of occupancy for single-family and multi-family residential development within the corporate city limits of Forney, adopting written findings justifying the moratorium, providing for waivers and limited exceptions to the moratorium, and establishing an expiration date.
- Held a 36-minute executive session re:
- Project Closet
- Project Scuba
- Project Acute
- Approved authorizing staff to execute a purchase and sale agreement related to Project Closet.
- Approved authorizing staff to execute a purchase and sale agreement related to Project Scuba.
- Approved 5-1 (Cooper nay) authorizing staff to execute all necessary documents to accept a donation deed related for Project Acute.
- Adjourned at 2021
- Project Closet