Ellis County tables variance requests for Legendary Hills and disapproves accompanying preliminary plat

The Ellis County Commissioners Court on Oct. 15 heard public opposition to eight variance requests tied to a proposed subdivision called Legendary Hills on Hamrock Road and Dale Acres Road in precinct 3. After extended public comment, the court voted unanimously to table the variance requests indefinitely and later voted to disapprove the preliminary plat for the project.

Residents who live near the proposed 296.026-acre site said the requested reductions — including lot-size, road-frontage and paving standards, cul-de-sac dimensions, relaxing performance-bond requirements and permitting many individual driveways onto a thoroughfare — would undermine public safety, drainage and septic system performance. Carrie Janick, who said she lives at 4415 Dale Acres Road, told commissioners the variances would “undermine the integrity of Ellis County's development framework” and urged denial. Steven Yannick, another nearby property owner, said he and his family were “not here to stop development. We just want it done in the right way.”

Department of Development staff told the court the applicant had requested the items be tabled earlier in the day but that notices previously sent to nearby property owners would need to be reissued if the matter is rescheduled. Staff recommended denial of the preliminary plat in light of the outstanding variance requests and technical deficiencies.

Commissioner Ponder made the motion to table the variance requests; Commissioner Butler seconded. The motion to table passed unanimously. Later in the meeting the court moved to disapprove (deny) the companion preliminary plat; that motion was also made by Commissioner Ponder and seconded by Commissioner Butler and passed unanimously. Staff and commissioners noted the developer may reapply and that previously paid fees would remain valid; re-notification to neighbors would be required if the application is resubmitted.

The court did not take final action on any alternative mitigation measures at the meeting; commissioners said further engineering, drainage and design negotiation would be required if the applicant wishes to pursue a revised proposal.

Votes at a glance: table of variance requests — motion to table (indefinite); mover: Commissioner Ponder; second: Commissioner Butler; outcome: tabled (unanimous). Preliminary plat (item 1.11) — motion to disapprove preliminary plat; mover: Commissioner Ponder; second: Commissioner Butler; outcome: disapproved/denied (unanimous).