Council fails to overturn PNZ denial for 21-townhome conditional use at 1032 South Milam

A motion to approve a conditional-use permit (CUP) allowing 21 townhomes at 1032 South Milam failed Dec. 2 after the council could not reach the four‑vote threshold required to overturn a unanimous Planning & Zoning Commission recommendation to deny the request.

The applicant sought approval to build only the townhome portion of a previously proposed larger development and asked the council to allow completion of required infrastructure and replatting. City staff told council the revised request applies to a 4.87‑acre parcel for the townhomes and that the Planning & Zoning Commission recommended denial because the proposed cul‑de‑sac would exceed the city’s 500‑foot linear standard (about 740 feet was cited in the record). Staff also noted that the design had been reviewed by the fire marshal and meets turnaround and access width standards for emergency vehicles.

During the public hearing, a Windcrest homeowners’ representative expressed strong opposition. “Numerous times, mister McMinn has proven he cannot be trusted,” the speaker said, summarizing the neighborhood’s long history of contested reviews and protest letters and raising concerns about buffering, emergency access, previous removal of vegetation, and whether the developer would proceed as promised.

City staff described several conditions they had recommended or were prepared to attach to any approval, including a required 20‑foot buffer between the project and adjacent townhome association, tree‑preservation input by the city, a prohibition on short‑term rentals enforceable by the city’s STR permit process, and a requirement that the first five townhomes be completed before additional sales. Staff also said sidewalks would be required along the development frontage and that replat and final‑plat approvals would be part of subsequent reviews.

At the vote, council recorded Mayor Hoover: Aye; Mayor Pro Tem Tim Kirchner: No; Bobby Watson: Aye; Tony Klein: No; Todd Edson: Aye. The motion to approve the CUP — which included council‑added language requiring sidewalks and an extended deadline for final plat recording — received three affirmative votes but failed because statute and local procedure require four votes to overturn a unanimous PNZ denial.

With the council’s action, the applicant’s simplified townhome-only plan remains denied on the record; the developer may revise the proposal, pursue platting options allowed by right under the underlying C‑1 zoning, or return with a modified application. The record includes multiple additional protest letters filed after council packets were distributed; staff said they were entered into the public record.