Timberland Rezoning Rejected Again

And the answer was “no” again.

During their Sept. 15 meeting, the Harris County Commissioners again denied the rezoning request from Timberland 109 LLC involving 586 acres along McKee road – and by the same previous 3-2 vote.

Harris County Commission Chair Susan Andrews opened the public hearing on the request by noting the county was “party to three pending lawsuits filed by Timberland 109 LLC arising out of the board’s denial of a rezoning application for property located in Harris County.” She explained the rezoning was sought to change the property from A-1, or Agriculture to R-1, or Residential, for the purpose of development of a “conservation residential subdivision”.

Andrews said the rezoning had been remanded back to the commission from a federal district court for reconsideration “with compromise conditions”. Those conditions included: property rezoning from A-1 to R-1 with a maximum development of 129 single-family home lots, should any of the proposed parcels in the conservation subdivision master plan and plat cannot be developed for a variety of reasons the master plan and plat can be adjusted but the maximum lot count cannot exceed 129 lots, no lot would be smaller than 1-1/2 acres and the average size not small than just over two acres, open space may not be reduced less that 50 percent, approval of the rezoning application includes approval of the preliminary plat. In addition, if the commissioners approve the rezoning, Timberland dismisses the lawsuits and waves claim for attorney fees and litigation expenses. If the rezoning was not approved Timberland can continue with the legal process.

Andy Welsh, representing Timberland, addressed the commissioners reviewing the court’s decision to send the issue back to the commission and claimed that Timberland had listened “to public sentiments” regarding lot sizes and redesigned the plan with larger lots and less stream crossings. He noted the original plan featured 195 lots, which was reduced to 179 lots, and has now been reduced again to 129 lots with an average lot size of 1.17 acres.

Welsh noted neighboring properties with R-1 zoning and the existence of a water main along McKee Road. He noted enjoying being in court and litigation, but that Timberland sought to work out the compromise.

WHEN members of the public had a chance to speak on the rezoning request compromise, none spoke in favor but 10 spoke in opposition.

Among comments of those opposed included continued strain on infrastructure with issues of low water pressure and lengthy response of emergency services, concern regarding increased expenses to the county juxtaposed to potential loss of property tax in the future, harm to the community versus financial gain of the developer, condition of McKee Road which has numerous asphalt patches, commercial truck traffic resulting in more damage to McKee Road, residents of the community spending in and contributing to Columbus sales tax initiatives, need for more commercial developments in the county and less residential, impact on the school system most notably school buses, and more.

During a brief rebuttal, Welsh noted the proposed development was consistent with the county’s conservation subdivision ordinance and comprehensive plan.

After the public hearing ended, Commissioner Greg Gantt motioned to approve the rezoning request with Commissioner Rob Grant offering a second. The motion failed on a 3-2 vote with Andrews, and commissioners Bobby Irions and Scott Lightsey opposed.