Developer attorney seeks grandfathering from proposed height limits; resident urges city help on neighborhood drainage

Two public commenters addressed development rules and neighborhood drainage at the Aug. 4 Horace City Council meeting.

Tammy Norgard, an attorney with Vogel Law Firm representing New Horizon Homes LLC, urged the council not to apply a blanket two-story height restriction across mixed-use zones to in-progress developments. She said New Horizon's project at 64th Avenue South and 17th Street is "midstream," with roads and infrastructure installed and negotiated purchase agreements in place. Norgard asked for a written commitment that her client would be exempted or grandfathered from any newfound height restriction, saying one parcel carries about "$1,800,000 in specials" for roads and utilities and that a sudden change would have "a huge economic impact." She also recommended that the planning and zoning commission consider overlays and PUD approaches.

Mark Jones, a resident at 708 Prairie Avenue, described chronic blocked drainage in the Tara Gardens area that causes standing water whenever it rains. He said restrictive covenants reference a review committee and a developer entity that appears to no longer exist, leaving residents without an enforcement contact. Jones said he had obtained bids and asked the city to investigate plats and drainage easements; city staff said they would review the covenants, plats and easement records and provide an update to Jones and the council (staff offered to follow up, possibly within two weeks).

City staff advised that restrictive covenants are generally private and not enforced by the city, but that the city does have ordinances requiring proper lot drainage and that staff would check whether a homeowners association was formed and whether city ordinances or easements apply.