City Council Recap 2007.02.06

February 7, 2007 Jim Carson 10 comments

Consent:

Approve minutes
Authorize temporary lane closures on 1709 for triathlons on March 17 and May 20.
Authorize over $300,000 for Ottinger Road reconstruction
Purchase Network Storage Modules (computer stuff)

New Business:

Unanimously approved trail extension in north Keller.
Denied, 3-2, a rezoning request for Heritage Heights, a 14-acre tract east of Old Town Keller. The applicant wished to change the zoning from 8,400 sq. ft. lots to Planned Development-Patio Homes. The zoning change woud have allowed the maximum number of homes on the property to increase from 45 to 54. The Council received dozens of written objections from nearby residents, who also filed a petition with over 200 signatures opposing the change. Because of the number of objections expressed by homeowners within 200 feet of the subject property, a legal trigger was pulled such that the rezoning required a super-majority, which is four council members when five are present. Mitch Holmes voted for the rezoning on grounds that it was what was best for Keller. Bob Kirk voted against it on the grounds that if the Planning & Zoning Commission denied it (which they did,) then compelling evidence was needed for City Council to approve it.
I voted against it for similar reasons: I see any rezoning request as a property rights dispute. On one side we have the owners of the property is question, represented by the developer, asking us to change the law in their favor. On the other side were the nearby homeowners, asking us to preserve their property rights by upholding the existing zoning.

The developer argued, with some plausibility, that his plan was ultimately better than anything that would be built within the existing zoning. However, the vast majority of nearby homeowners remained unconvinced. Since I do not think government’s idea of “best use” should trump the reasonable expectations of nearby homeowners that zoning should be upheld, I voted with the homeowners. If the developer had made a persuasive case that the current zoning made the land unusable, I could have been swayed.

Steve Trine voted for it.

Mark Harness voted against it.
Unanimously approved an accessory building on Sunrise Drive.
Unanimously approved a zoning change request to Planned Development-Patio Homes for a four-acre tract on Pate Orr Road. This tract of land was dramatically different than the Heritage Heights tract because 1) it effectively was useless property under its existing zoning (36,000 sq. ft. lots), and 2) no one expressed any real objections.
Changed the wording of our ordinance against unhealthy pools of water to include “depressions.”
Beefed up our ordinance regulating the maintenance of grease traps in commercial establishments.
Passed a resolution calling an election for Mayor and City Council places 1 and 5 on May 12th. I gave brief thought that we should discuss why we print our ballots in both English and Spanish, but it was already 10:30 and I didn’t want to start a fight It’s ironic that when our meetings run late, the guy most eager to get out of there is the only person who is specifically paid for each additional hour—our city attorney Stan Lowry. I’m guessing getting home to family gets more important than billable hours as the night goes on.

Here’s a link to an explanation for bilingual ballots.

I deeply regret the pun in this post. Not really.

Community Development, Council Meetings, Highlights none

Comments

Written by Robert about 4 years ago.

Ha, I thank you for the explanation…

What do the new grease trap regulations entail?
Written by Thomas about 4 years ago.

At least this time you were on the winning side of a vote! I could tell the mayor was really disappointed. I felt sorry the guy waiting to get his garage approved had to wait through the big Heritage Heights deal. I was wondering where they got the idea to call that area “Heights” you can’t go much lower in Keller.
Written by Frank about 4 years ago.

Thomas, good question on the “Heights” area. On a related note, I always wondered why they used the name Hidden Lakes when the only lake that existed on the land in question was drained, excavated, and a highway was built through it (Bear Creek Parkway).
Written by Mitch Holmes about 4 years ago.

Jim,

You’re right on in that I did think, beyond the rezoning request which was compatible with the Future Land Use Plan, this really excellent transitional development proposal between our Old Town early Americana architecture and 80′s block style architecture on the single most challenging plat of real estate I’ve seen in Keller, was indeed “best for Keller.” I give you the credit to recognize that to represent my vote (and admitted motion) simply as such, though, is really a negligent misrepresentation. My ultimate decision might also be recognized as at least a tad influenced by all the inputs that were presented to us from both sides of the issue, which due process then necessitates that a vote move to only one of the opposing sides regardless of whether good points such as you’ve detailed in your reasons might actually exist on both.

I felt like the specific concerns of our nearby neighbors—and there was about as much support for the project at the meeting anyway—were thoroughly responded to (e.g., flooding at a nearby intersection) to such specific resolution that the remaining objection reflected more of a general resistance to the owner’s right to develop his green pastures as currently treasured by our neighbors who do not own it. Add to that the church’s support, which they’ve objected to two previous proposals, and the compatibility of the proposed zoning with the Future Land Use Plan, and my position can then be credibly represented as “what’s best for Keller.”
Written by Jim Carson about 4 years ago.

Technically, I suppose, anything less than a full transcript could be accused of being a misrepresentation of your remarks. I do not at all accept the charge of ‘negligent’ however. If Todd Overman of The Keller Citizen had quoted you as succinctly, would you object? And would your options for a timely response be as good?
Written by Jim Carson about 4 years ago.

I assume when Thomas said “can’t go much lower,” he meant in terms of elevation, as in feet above sea level.

All this talk about Heights has caused The Bugs Bunny Overture to get stuck in my head.
Written by Monty about 4 years ago.

I’m curious about the unhealthy pools of water. I’m having a hard time imagining a pool of water that is NOT in some sort of depression, except of course, the type that Noah encountered during the Great Flood, which I suppose did accumulate in places not ordinarily considered a depression. Mount Ararat comes to mind.

However, unless the city’s next pressing project before building a new fire station is the construction of a gopher-wood boat, I really don’t understand the impetus behind this apparently meaningless distinction between pools of water in a depression and pools of water not in a depression. Perhaps someone could direct me to an exemplar of the rare convex pool of water?

Did the city have any particular existing depression in mind? Does in include the depression that the city appeared to be digging alongside Whitley Road the other day? What was that about?

I’m sure there must be a more technical reason behind it, but to the idly curious layman, it appeared that the city perhaps felt that if it dug a deep enough trench alongside the road, the trench would capture all the water that ordinarily accumulates on top of the road, or failing that, hoped to strike enough magma to steam the water off Whitley.

I know I probably have this all wrong (I didn’t even go back and look after the water dried up. Oh, it didn’t dry up? Never mind), but I can only opine within the scope of my mental capacity, which I admit (and I can name a number of people who are in full agreement) is probably a whole lot more shallow than the Whitley Road depression.
Written by Frank about 4 years ago.

Monty .. I would never relate your mental capacity to a depression of any kind. Thanks for the humor.
Written by Monty about 4 years ago.

*scritch* Okay, Frank, *scritch scritch* – You’re off the list.
Written by Jim Carson about 4 years ago.

‘Convex pool of water’ would be a great name for a rock band.

Keller Citizen Legislature

City Council Recap 2007.02.06

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