Josephine council approves single-access waiver for FM 1777 site after heated public opposition

The Josephine City Council on June 8 approved a subdivision waiver to allow one shared driveway for a proposed two-lot commercial subdivision on FM 1777, amid sustained public opposition from neighbors who said the council should stick to the city’s comprehensive plan and not set a precedent for exceptions.

Dozens of residents turned out to oppose both the waiver (item 4.7) and a related request to rezone adjacent property to a planned development (item 4.9). ‘‘This property is not one of them,’’ resident Lee Moore said, urging the council to deny both requests and calling approval ‘‘textbook spot zoning.’’ Multiple other speakers — including Trina Westber, Mike Madden and Susan Silver — pressed for evidence a traffic-impact analysis had been done and warned a single driveway would complicate emergency access.

City planner Miguel Inclan told the council staff preferred two access points for safety and connectivity but said the waiver request was precipitated by Texas Department of Transportation (TexDot) guidance. He said the applicant pursued a second driveway with TexDot but was denied; in that context the consultant engineer and the fire chief had vetted a widened single-entry design and ‘‘expressed support for this proposal as shown.’’ The applicant’s engineer, Henry Win, told the council he had worked with TexDot on the design and that TexDot’s safety emphasis made the denial of a second driveway a determinative external constraint.

Fire Chief Florentino, when asked whether a fire truck could operate on the proposed layout, said he did not see an operational problem with the design as proposed.

Council members debated legal and practical implications. One councilor asked whether denying the waiver could leave the parcel undevelopable under current city code and therefore open the city to claims of a regulatory taking; the city attorney summarized that courts consider whether a denial leaves a property ‘‘with no economically beneficial or productive use’’ when deciding takings claims. Several members also noted many public commenters were outside the municipal limits and that TexDot’s access-separation rules are strict along high-speed corridors like FM 1777.

After an initial motion to deny failed for lack of a majority, the council approved the waiver by a 3–1 vote (one member absent). Staff noted the approval is likely appealable under state law and that TexDot will still have to approve final driveway geometry and any right-of-way dedications for future roadway widening. Planning staff also noted the applicant is voluntarily proposing a right-turn lane and will dedicate right-of-way in the event FM 1777 is widened.

The related rezoning request to convert nearby parcels from local retail to a planned development (item 4.9) was continued so staff can produce additional exhibits, including an overlay that shows TexDot’s future four- to six‑lane alignment. Planning staff said that site’s concept plan and fire-turning exhibits must be reconciled against TexDot’s long‑range cross section before council will consider zoning action further.

What’s next: The waiver approved June 8 permits the applicant to proceed with platting under the single-access configuration, subject to TexDot approvals and any appeals filed by opponents. The rezoning item (4.9) was tabled; staff will return with additional drainage/roadway overlays and details requested by council.