Issues Continue with Conservation Subdivisions

Problems continue with conservation subdivisions.

During the Tuesday, May 5, meeting of the Harris County Commission, Meghan Gunther addressed the commissioners with some pointed comments regarding the Planning Commission.

Gunther expressed concern over potential conflicts of interest, alleging that during a recent situation a member of the Planning Commission had an immediate family member, who is reportedly a Real Estate ageny, involved in a project for which the Planning Commission had to make decisions. She contends this involved the proposed conservation subdivision sought along McKee Road.

“This creates at minimum an appearance of impropriety within the Planning Commission and recommendation process,” Gunther said.

Part of the issue is the Planning Commission recommended approval of that subdivision by a 3-2 vote with the person in question voting to approve the project. Had that person abstained from voting, it would have been a 2-2 vote and the approval would not have been made. Gunther said that a lawsuit filed against the county by the developer is using that Planning Commission’s decision against the county.

Gunther also complained the Planning Commission was allowing parts and sections of the Unified Development Code to support positions without regard to intent of the UDC.

“The UDC is no longer being applied as a unified standard but rather something that can be navigated depending on the outcome sought,” Gunther said. “Developers are allowed to pick and choose sections of the UDC.”

Gunther called for the commissioners to “encourage stronger enforcement of disclosure requirements” for members of the Planning Commission, provide additional training for the members regarding conflicts of interest, and that all sections of the UDC be applied together and equally.

Brian McKeen addressed the commissioners regarding the conflict of interest issue, saying it was a “tenuous” connection since a number of real estate agents were involved in the proposed development in some fashion.

McKeen explained having researched the issue and finding no conflict of interest, but said had he been asked for advice his recommendation would be for that Planning Commission member to have abstained from voting on the issue. He recommended the commissioners have the county attorney review the matter and make a recommendation regarding the issue.

In addition, McKeen said there was no misuse of the UDC regarding conservation subdivisions.

Issues regarding conservation subdivisions was not over as County Attorney Russell Britt had prepared a moratorium document regarding those.

Before that was made public, McKeen again addressed the commission complaining that “no information had been provided to the public.” He challenged the timing as litigation is progressing on the proposed conservation subdivision on McKee Road.

Britt said that one of the commissioners had requested a moratorium for discussion.

A proposed resolution was drafted that would establish a moratorium on conservation subdivisions for a period of 180 days unless lifted earlier by action of the commissioners.

Commissioner Rob Grant expressed a desire to discuss any proposed moratorium during a work session.

No action was taken on the proposed moratorium until it could discusses during a work session.