Bonwood residents urge ‘estate residential’ designation as city moves to replace zoning code

Dozens of residents from the Bonwood subdivision urged the Board of Mayor and Aldermen on Aug. 28 to adopt an “estate residential” (also called “state residential” in planning materials) designation for their neighborhood as part of a broader replacement of the city’s zoning ordinance and official zoning map.

Residents said they moved to Bonwood for large lots, privacy and a rural character and argued the new zoning map’s recommended R‑1 (low-density residential) designation does not match those expectations. “We bought it as a place where our children could play outside and have the freedom to explore,” said Jennifer Seekeroon, who identified herself as a Bonwood resident and mother. “Please rezone Bonwood as estate residential so we can continue to live the way we have.”

The request came during a workshop largely devoted to a comprehensive rewrite of the city’s zoning code. The draft ordinance before the board would repeal the existing zoning ordinance and map, adopt a new zoning ordinance and map and amend Title 14 of the municipal code. Planning staff and the planning commission spent more than three years preparing the draft; the planning commission gave a favorable recommendation on July 29.

Why it matters: the new zoning ordinance is citywide and will control permitted uses, lot sizes and development standards. Residents said the designation matters because they fear smaller‑lot development would change neighborhood character, increase traffic and reduce privacy. Several speakers cited original covenants and longstanding neighborhood expectations. “This preserves our neighborhood,” said Elton Fellows, a longtime Bonwood resident. “We are asking each one of you to protect our neighborhood.”

Planning commissioner Jim Hazeman told the board Bonwood residents and the planning commission had discussed the issue repeatedly and that the neighborhood had “resounding and overwhelming” support for an estate residential designation. Hazeman said the draft ordinance includes a new “estate residential” definition (one‑acre lots in the draft) but the proposed zoning map that the planning commission forwarded to the board did not place Bonwood in that category.

City staff, legal counsel and board members described the tradeoffs and legal risks. City Attorney Evan Brown explained the board could impose a zoning category now or adopt the new map as recommended and allow individual property owners to request a rezoning later. Brown warned the board about takings claims: property owners who see their permissible uses reduced sometimes sue, and courts — not the city — ultimately decide whether a taking occurred. “Anyone can sue for any reason at any time,” Brown said in response to a question about takings. He told the board the option that carries the lowest legal risk is to adopt the recommended map and let property owners individually pursue rezoning requests.

Several residents urged the board to send the single‑neighborhood request back to the planning commission so that planning can recommend a map change that specifically places Bonwood in the estate residential designation before the board acts. “If you were going to send it back, I would just go ahead and make the amendment,” said Matthew Mednick, who spoke for his family during public comment. “It would be the same liability either way, so just do the thing.”

Board procedures and next steps: the draft ordinance (first reading) is scheduled for a public hearing at the board’s upcoming meeting Tuesday at 5:45 p.m., where the board may adopt the ordinance, amend it or send it back to the planning commission. Staff and several board members said if the board adopts the new code as recommended, property owners can still request rezoning later through the normal planning commission process.

Context and history: staff told the board the rewrite is a comprehensive replacement of a 1990s ordinance, adding new definitions, overlay districts and design standards. Planning staff and consultants worked on the rewrite for multiple years; staff said turnover among outside consultants and legal concerns about takings influenced which parcel‑level changes were placed on the proposed map. Residents said some of them believed Bonwood already had been mapped as estate residential on earlier web‑posted drafts and that their signatures and neighborhood outreach supported the change. Stacy Lanker said Bonwood residents collected signatures from more than 90% of households in the subdivision in favor of the estate residential designation.

What the board and staff said they would do: board members asked staff and legal counsel to prepare for Tuesday’s public hearing and to clarify the legal implications of adopting map‑level estate residential designations versus requiring individual owners to request rezoning. Planning staff said the planning commission’s recommendation was unanimous and invited the board to flag specific desired amendments; the board may adopt, amend or return the ordinance to planning commission for further review.

Ending: The board scheduled the public hearing on the comprehensive zoning rewrite for Tuesday, and residents said they will continue to press for the estate residential designation either through a planning‑commission referral or individual rezoning requests. “We’re not going away,” Stacy Lanker said. “We’re going to keep pushing.”