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Residents ask Fairview council to explain zoning protest tally after April CUP approval
Summary
Multiple residents at the May 6 Fairview Town Council meeting asked the council to explain whether protest letters met the 20% threshold under Texas law after a conditional use permit (CUP2025-06) for a Church of Jesus Christ of Latter‑day Saints site was approved April 29.
Several Fairview residents used the council’s May 6 public‑comment period to request the town publish the calculations and notice records behind the April 29 approval of zoning case CUP2025‑06 for property north of Stacy Road and west of Meandering Way. They said protest letters from owners within 200 feet may have met the 20% area threshold that would require a three‑fourths vote under state law.
The requests came as residents read letters and raised questions about which parcels the town included in the 200‑foot buffer and whether properties in the city of Allen or applicant‑owned land were excluded from the protest area calculation. “We respectfully require an answer to these critical questions,” resident Marlo Ballard said, asking the town to explain why an alleged 20% protest was not treated as triggering a supermajority requirement.
The concern centers on Texas Local Government Code Section 211.006(d), which the residents cited during public comment. A letter read at the meeting on behalf of Joel R. Scholl urged the town to provide a written response detailing the town’s interpretation and calculation under Section 211.006(d) and the statutory notice requirement in Section 211.007(c). Helen Dunham read the letter in the public‑comment slot and requested that the town recalculate the 200‑foot net area excluding disallowed areas and, if the threshold was met, formally declare the April 29 vote invalid and re‑vote with the required supermajority.
Other speakers framed the issue as broader community trust and process concerns. Lee Breckenridge Moore criticized the conduct of developers and counsel in prior hearings and urged the council to be transparent about legal threats that may have influenced the April 29 meeting.
Council members did not take formal action on the request during the May 6 meeting. Mayor John Hubbard acknowledged the letters and the request for information; several council members said questions raised were legitimate and urged continued engagement while staff reviews the matter. No motion was made to reopen or rescind the April 29 vote, and no court action was initiated at the meeting.
The town packet and residents’ statements cited the town’s ordinance number 14.02.002 in residents’ comments as a local ordinance they believe implements the protest thresholds. Residents asked the council to publish the calculations, the list of parcels included in the 200‑foot buffer, and any notice records showing whether Allen property owners were properly notified.
Mayor Hubbard and council members encouraged continued dialogue and said staff would respond to the formal requests; residents said they expect a written reply that shows the town’s calculations and consideration of the cited state code sections.
What happens next: residents asked the town to provide the requested documentation and, if the 20% threshold was met, to assess whether the April 29 CUP approval requires a new vote conducted under the three‑quarters requirement of Texas Local Government Code Section 211.006(d).
