"It was a Hot Time at the Old Town" Last Night in Fairview

One of my new year's resolutions is to watch the Fairview and Lucas planning and zoning and City Council meetings. We sell so much in these two towns I want to stay abreast of any changes and make sure our team does too.

I'm fine with sharing my notes but keep in mind ...

I'm only reporting what I saw and heard. I'm not taking sides on any issue. If you have questions about anything you see here, please don't contact me, call the appropriate town.

Last night, I watched the Fairview Planning and Zoning Meeting on Ring. It was three and a half hours long and I took 3 full pages of typed notes. It would be impractical to share the entire meeting, so I'll just summarize what happened along with some of the comments,. There were four agenda items.

  • Changing the zoning on a site at the NWC of Meandering and Stacy from RE-1 (residential 1 acre lots) to commercial

  • Providing direction on the allowance appearance of privacy gates on private entrances

First Agenda Item

Changing the zoning on the Kelly Property from 3 acres to 1.2 acres

This property is currently zoned RE-3 which means one home on a minimum of 3 acres. Mr. Kelly would like to have it rezoned to one home on a minimum of 1.2 acres. His comments were summarized as follows ...

  • The town of Fairview has rezoned other similar properties in the past to a higher density at the request of the developers. He stated he would be treated unfairly if not allowed to rezone to a higher density just because he waited longer to request it.

  • The owner agreed to leave the pond area with all the trees in place to maintain the ambiance and the city liked the idea so they agreed to 1.2 acre lots instead of 1.5 acre lots

  • The town had already reached a settlement agreement with him so he's just asking for what has been agreed on

There were 64 Fairview residence who voiced their opinions against it. Their comments are summarized as follows ...

  • Several residents stated they resented the fact that on such an important issue they could not attend in person due to Covid. They requested the decision be delayed until the Covid crisis was over and they could show up in person to protest

  • One citizen stated Allen has been holding their meetings in person through the entire covid shutdown. Zoning discussed the possibility of renting a place like The Allen Event Center where people could show up but social distancing would still be adhered to.

  • One resident stated they weren't aware of any settlement agreements on the property and it appeared no-one else was either. Zoning stated they were sued several years ago for unfair zoning practices and it went to mediation. That's how the settlement came about.

  • One resident asked if the vote was cast in concrete and zoning replied they only made recommendations to the city council and they had the final approval. They also stated the would have to decide if they wanted to take the risk of another lawsuit by not adhering to the settlement.

  • One resident stated the townspeople had the right to review the settlement since no-one knew about it.

  • One resident stated with 9 more homes if there is an average of 3 students per home, that's an additional 27 students going to Puster. They asked if P and Z had contacted the district to see if that was going to be an issue. Zoning said they had spoken with the district about access to the school but not consequences of adding 27 more students.

  • One resident commented she thought her child was going to end up being bused from Puster all the way over to Hart at one time. It didn't happen but she was concerned it would be if there were that many new students.

  • One resident asked if Tim Jackson Custom Homes would be building on the property and the seller answered yes. Several people commented that was a good choice as he's an excellent builder but they still did not want the upzoning.

  • One resident stated there was "no demonstrable reason" to change the zoning as required by city ordinances

  • One resident stated when the residents moved into the area they looked at the future zoning beforehand and were assured by the town it would remain as is. They felt the town was betraying the citizens

  • One resident stated the property had been denied upzoning a couple of years ago so why is the issue being taken up again. Zoning pointed out owners can reapply for different zoning every year if they wish, which is why it's come up again.