Commissioners deny request to let Dave's Ranch Terra continue under prior construction release

Patrick Nanga, representing Dave's Ranch Terra LP, asked Kaufman County Commissioners Court to reverse or modify Development Services' determination that the project's February 2023 construction release had expired and required restarting under current subdivision regulations. Nanga said the site had demonstrated progress through grading, geotextile installation, staking, erosion controls and drainage work and that the county record, emails and photographs show ongoing work. "We are asking commissioner's court to reverse or modify the development services, requiring a complete restart of our project," Nanga said, arguing he was not seeking waivers for engineering, stormwater or safety requirements but only the chance to complete the project under the prior release.

Monique Hunter, Development Services Director, told the court she had allowed the prior developer to transfer approvals in good faith but concluded the project had not shown sustained, coordinated progress under the county's tracking records and permitting history. Hunter said county site visits (including a September visit prompted by a complaint and an April stop-work notice) showed limited activity, no active state permits online for certain environmental work, and periods without staging yards or sustained crews. "I didn't see a lot of... normal construction sites have staging yards and your construction crew equipment is there and I just didn't see any of that," Hunter said, describing the office's outreach and file tracking.

Stormwater staff and other technical staff reported limited single-machine activity on site during inspections and no active state permits for creek disturbance at the times of those visits. Commissioners focused discussion on the ordinance language (section 6.04), which permits a construction release to remain in effect for one year or for the duration of construction when progress is demonstrated. After reviewing photos, emails and staff testimony, Commissioner Lane moved to deny the developer's request, Commissioner Moore seconded, and the court approved the motion by voice vote, effectively requiring the project to restart under current regulations if the developer proceeds.