Ellis County approves utility and radius variances for Heirloom subdivision, conditionally allows early grading and accepts performance bond

The Ellis County Commissioners Court on Tuesday approved two variance requests for the proposed Heirloom subdivision in the Midlothian extraterritorial jurisdiction and conditionally approved a third variance allowing early grading, then accepted a performance bond to cover construction costs.

The court voted to allow placement of utilities within the right of way and to reduce the curb return radius at certain intersections from the county’s 28-foot standard to 20 feet, a change county staff said is effectively negligible because the developer is widening the roadway section to 31 feet. The court also approved, with conditions, an early grading permit before final civil-plan approval.

Alberto Maris, Ellis County Department of Development staff, told the court the developer is requesting three variances: utilities in the right of way, a reduced pavement edge radius at intersections, and early grading before final civil plans are approved. "Staff does recommend approval of each of those variance requests as presented," Maris said.

Applicant representative Mark Harris said the work includes extensive earthmoving and that timing is a practical concern for the developer. "We have a lot of dirt to move. It's about 500,000 yards of dirt worth, to to make movement for," Harris said, noting that much of the early work is mass excavation and that no streets or utilities would be cut for several months.

County staff and the developer said the effective difference in turning geometry is small: the wider pavement section (31 feet versus the county’s historical 27 feet) means the reduced curb-return radius produces only about a half‑foot difference at a single transition point. A third‑party civil reviewer cited by staff said the plans were roughly "95% complete." Commissioners discussed enforcement options if work proceeded without required paperwork and confirmed the county could issue stop-work orders.

On the early grading request, commissioners placed a condition that final civil plans must be completed within one month for the early-grading approval to remain in effect; they said a stop-work order could be issued if the condition is not met. The court then accepted a performance bond for the project to cover paving, drainage and erosion control; staff described the bond as "just under $17.3 million" and asked that the applicant submit additional bond if final bids exceed the initial amount.

The project is described in staff materials as covering roughly 169 acres off FM 875, west of Skinner Road, within the Midlothian ETJ and inside Municipal Utility District provisions that shift inspection and maintenance responsibilities to the district. County staff noted the district will be responsible for inspections and maintenance of roads and sidewalks within the development.

Actions recorded at the meeting included separate motions to approve the utilities variance, approve the radius variance, approve the early-grading variance contingent on completion of plans within one month, and to accept the performance bond with the condition that additional bond be provided should final bids exceed the initial bond amount. The court did not record a roll‑call tally in the transcript beyond voice votes of "Aye" for motions.

No formal change to county standards was adopted; the court granted site‑specific variances as described above and directed staff to monitor compliance with the conditions attached to the early-grading approval.

Votes at a glance: utilities variance — approved; radius variance — approved; early grading — approved with condition (plans completed within one month) and subject to stop-work enforcement; performance bond — accepted, applicant must provide additional bond if final bids exceed bond amount.

Proper names in the discussion include Lennar (developer), City of Midlothian (construction criteria referenced), and the county’s third‑party civil reviewer. The county staff report and applicant materials were cited throughout the discussion.