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Council denies Sundale Heights zoning change after residents and members raise traffic, design concerns

3619501 · May 6, 2025
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Summary

The council voted 6–1 to deny a request to rezone roughly 20 acres for the 100-lot Sundale Heights single‑family subdivision amid concerns about buy‑right development, traffic and long‑term fiscal impacts.

The Fate City Council voted 6–1 on May 5 to deny Ordinance O2025-014, a zoning change request (case ZR25002) that would have rezoned nearly 20 acres on Greenbrier Road from agriculture to R‑2 residential to allow a proposed 100‑lot single‑family subdivision called Sundale Heights.

Ryan, a city planner, summarized staff findings and noted the applicant’s preliminary plat showed 100 lots — mostly 50‑foot wide with one 45‑foot lot — and about 2.7 acres of open space. He said the comprehensive plan designates the area as suburban neighborhood and that the project’s proposed home prices ranged from $350,000 to $450,000. The Planning and Zoning Commission recommended approval 4–2 with one member absent.

During the public hearing several residents urged denial, citing traffic congestion and safety on Greenbrier Road and nearby Blackland Road. Rod Brumlow, a nearby resident, told council, “In the mornings, when you're leaving, try to get out there in 05:51. It's atrocious. It's fixing to get worse.” Randy Long, another resident, said the city’s police staffing shortages make it harder to absorb new calls from additional neighborhoods.

Applicant William Solomon of SMK Capital told council the project is intended to provide homeownership opportunities and that the developer already closed on the land. He said the product is single‑family for sale and not build‑for‑rent multifamily.

Several council members objected to the zoning request because it was a straight zoning case that would allow the developer by‑right to change lot sizes (potentially down to 40‑foot lots) and because a straight zoning approval would not allow the city to require higher building‑material standards under state law. Brian, a councilmember, said his "concern with this is the buy right issues" and argued that the city should consider planned‑development processes for smaller‑lot projects.

Staff presented a fiscal productivity analysis showing estimated taxable value for the project at $40.8 million with an annual city revenue contribution of about $96,000 and a projected net revenue of about $36,912. When road replacement costs are included, the long‑term 40‑year fiscal analysis showed a deficit on the order of $2.4 million and a revenue‑to‑cost ratio below 1.0.

After discussion, Councilmember Mark made a motion to deny O2025‑014; the motion passed 6–1 with one council member voting no. Council did not adopt alternative zoning or conditions at the meeting. The transcript shows council’s reasons focused on buy‑right concerns, traffic mitigation timing and the desire for higher design standards than a straight R‑2 zoning would guarantee.