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Fulshear residents oppose Waters PUD; planning commission postpones rezoning to allow renegotiation
Summary
After hours of public comment arguing the Waters PUD would allow multifamily uses inconsistent with the 2016 development agreement, the Fulshear Planning & Zoning Commission voted to postpone recommendation so staff can renegotiate conditions with the developer and reconcile development and utility agreements.
The Fulshear Planning & Zoning Commission postponed action on a proposed Waters planned unit development after several hours of public comment and a detailed staff briefing on competing legal agreements governing the land.
Neighbors from Fulbrook, Del Webb and other nearby subdivisions urged the commission to deny rezoning that would permit multifamily housing across from single-family neighborhoods. Harry Follett, president of the Fullbrook Homeowners Association, said the 2016 development agreement — as amended in 2019 — requires single-family zoning and limits nontraditional single-family housing to 15% of acreage. "The PUD far exceeds the development agreement," Follett said, arguing the proposal would allow densities up to 30 units per acre in places and could violate vested rights under Texas law.
City staff and the city attorney explained the background: a 2016 development agreement, a 2019 amendment, and a later utility agreement create overlapping expectations about permitted uses and water-service allocations. The attorney summarized relevant state law under Texas Local Government Code §212.172 and said those contracts can bind the city, which is why staff proposed a PUD to marry zoning and contractual rights and avoid acres of nonconforming uses.
Commissioners asked for more specificity in the PUD by track, requested traffic and drainage analyses, and pressed staff on enforceable public benefits and phasing. Several residents urged that TxDOT and Fort Bend County be engaged on comprehensive traffic planning for FM 1093 and FM 359 before more high-density development is approved.
Facing repeated calls from residents to limit multifamily uses and to protect neighborhood character, Commissioner Dowdall moved to postpone a recommendation on Ordinance 2026-1524 to allow city staff to renegotiate provisions with the landowner and developer and return with a revised PUD. The motion carried by voice vote.
The commission’s postponement does not deny the proposal; it gives staff time to negotiate and to return a revised PUD that staff says would better align zoning, the development agreement and utility agreement. The next public hearing on these items is scheduled with the City Council on Jan. 20, 2026.
