Sidewalks form “speed bump” for Pecan Lakes III
The Navasota Planning and Zoning Commission (P&Z) held a Special Meeting Thursday, March 5, regarding a request from developer James Hassell to rezone 102.4197 acres from A/O, Agriculture Open Space District to Pecan Lakes Estates Phase III PUD (Planned Unit Development). The new phase is adjacent to Pecan Lakes Estates Phases I and II off SH 105 West. After a lengthy and often contentious exchange, commissioners denied the zoning change as requested, instead requiring sidewalks on both sides of the street, or for any walkway added, the City would receive a fee for the difference. That motion passed 5-1 with Dr. John Walla voting nay.
Hassell was unable to attend the public hearing Feb. 27 at which time commissioners questioned the reduction in lot size and width and expressed their desire for sidewalks on both sides of the street. Hassell’s Phase III plat specifies sidewalks on one side of the street, consistent with Phases I and II. Commissioners then asked city staff to research the Fee in Lieu of Sidewalk Construction Ordinance to determine if it would apply to Phase III. The ordinance requires developers to either install sidewalks or pay a fee which goes into a sidewalk fund account.
168 rooftops
Hassell told commissioners 168 lots are platted with contracts for 138 - pending Thursday’s vote. In addition, he purchased additional land to build a concrete road from SH 105 to Phase III rather than using CR 423 and CR 424 for access.
Commissioner Patty Tokoly questioned the motives behind reducing lot size from a minimum of 7,000 to 6,000 SF and Hassell cited two reasons — buyer demand plus a 380 Development Agreement for Phase I in which the City paid Hassell to offer larger lots.
Hassell said, “The builder is building what the homeowners want. A lot of those folks in Pecan Lakes are retired. They don’t want to maintain a big lot.”
Sidewalks
Hassell stated he received no indication that the city would require sidewalks on both sides of the street in Phase III and he shared plans to add walking trails at his expense.
He said, “I plan to put some walking trails around the retention ponds because I know people need to get out and get close to nature and not stay in the house all day.”
He added “If I have to pay a fee, I have to go back and price it to those builders for those sidewalks. I assumed that we would go like we did on those other phases.”
Hassell restated numerous times that he wasn’t advised that additional sidewalks would be needed to which Commissioners Tokoly and Todd Wisner responded, “That’s not our problem.”
In an attempt to craft a motion, commissioners calculated the linear and square footage of the absent sidewalk compared to a walkway to the ponds and charge Hassell for the difference. Hassell repeated that the sidewalks to the pond were not tied to the plat, didn’t want them tied to the plat and that any sidewalk fee he would be required to pay would necessitate renegotiating with builders D.R. Horton and Stylecraft. Hassell speculated that the $98,000 increase might cause them to “back out.” When pressed for a figure for the walking trails, Hassell said, at this time he’d commit to $20,000.
Wisner said, “I’m sorry you don’t keep up with city policy to understand this new addition to the Phase III requirement, but I will vote to get the in lieu of money or have the sidewalks built. I’m not going to give you the opportunity to put 50% worth of that sidewalk around those ponds.”
PUD leeway
Community Development Director Lupe Diosdado advised several times that the fee in lieu of ordinance applies to business and residential zoning, but PUDs (which are larger than 5 acres) provide leeway for negotiation between the developer and the City, and the decision to accept as-is, require a fee or otherwise negotiate, rests with P&Z.
The impasse came when Hassell declined to commit to the amount of sidewalk he’d build around the pond or factor it into the builder contract. Hassell said, “I’m not going to fight over that much money but I’m not going to give that much money out of my pocket to the City.”
The issue for commissioners Dia Copeland and James Harris was consistency, preferring to require all PUDs to construct sidewalks on both sides of the street.
Other business
Commissioners approved the Feb. 27 minutes.
Present were Dia Copeland, James Harris, chairman Randy Peters, Patty Tokoly, Dr. John Walla and Todd Wisner. Carolyn Katkoski was absent. Community Development Director Lupe Diosdado was present on behalf of the City and Bernie Gessner as the quarterly council liaison.
P&Z meets the second and fourth Thursday at 6 p.m. in city council chambers at 200 E. McAlpine Street. The schedule for P&Z meetings and meeting videos is available at https://www.navasotatx.gov/planning-zoning-commission.