Frisco planning commission reopens hearing, tables downtown land-use amendment after businesses raise concerns

Chair John Kendall said the commission would reopen public comment and give Rail District businesses more time to review proposed changes after several owners told commissioners the notice language and packet materials caused confusion.

Chris Leonard, the city’s planning manager, told the commission the amendment to zoning ordinance ZA25-3 is focused on revising the OTC (Old Town Center) land-use chart to favor walkable uses over auto-oriented ones. "We're aiming at uses that are more adapt at creating walkability and not as much auto orientated uses," Leonard said, describing proposed categories of permitted, prohibited, specific-use-permit and conditional uses.

Business owners who spoke at the hearing said they were surprised by the notice and worried about how the change could affect longstanding businesses. "A week ago I got a postcard in the mail regarding this amendment hearing, and that's the first I'd heard of it," said Dennis Francis, who identified himself as the owner of property at 6733 Main Street and the Depot Cafe. Francis said the postcard's mandated language suggested he "may lose the right to continue using your property for the current use," and that the wording had been a "gut punch." He opposed changes that could make his business nonconforming and hamper refinancing or sale.

Casey Packer, owner of Divine Audio Visual, urged staff to publish the PowerPoint and packet materials used in the presentation so small downtown businesses could find and review them. "If we can't find it, it's hard for others to find it as well," Packer said, describing difficulty locating presentation materials on the city site.

Commissioners pressed staff on practical effects for existing businesses. Leonard said existing legally nonconforming uses may continue to operate, and clarified that a nonconforming use would lose its status only if it ceased operations for more than six months. The planning manager also said postcards and the statutorily required language were mailed and that traditional state notification requirements had been met.

Several commissioners recommended more targeted outreach. Commissioner Steve Cohn, among others, suggested staff offer meetings or one-on-one consultations with potentially affected businesses so owners could raise specific issues such as refinancing or pending transactions before the commission acts.

After debate about whether further discussion would produce substantive changes, the commission voted to reopen the public hearing and table item 21 to the Sept. 23 Planning & Zoning meeting to allow time for the Rail District businesses to meet with staff. The motion passed 4–2; the chair noted Commissioners Shawn Merrill and Michael Howard voted against tabling.

The planning manager said the city planned to contact roughly 10 businesses judged to be affected and to post clearer materials online; commissioners encouraged owners to reach out to staff and to the commissioners (emails are on the city website) before the Sept. 23 meeting. The public hearing will resume on that date unless the applicant withdraws or the commission takes other action.