Developer seeks to limit CUP to 21 townhomes; council refers Keller Oaks proposal back to Planning & Zoning after public opposition

The council considered a contested conditional-use permit and site-plan application from New Vista Development (request Z2513) for property at or near 1013 South Milam (Keller Oaks). The applicant asked the council to approve a narrowed proposal that would restrict the CUP to a standalone 21-unit luxury townhome phase on a 5.08-acre lot and leave the remainder of the 14-acre parcel uncommitted for future decisions.

Background and applicant position Applicant representative P.P. McMinn said the original mixed-use CUP and site plan (condominiums, townhomes and office buildings across two roughly 7-acre tracts) had been confusing to neighbors and had also expired after earlier inactivity; he said he sought flexibility to proceed with only the townhome phase and not bind the remainder of the land to specific uses. The applicant said CUP approval should increase options rather than foreclose them.

Planning staff and P&Z position Planning staff and the Planning & Zoning Commission advised caution: the commission had previously reviewed the full proposal and ultimately recommended denial of the application as presented, then asked council to either affirm P&Z's recommendation or to use a supermajority vote to approve any amended plan. Staff repeatedly recommended that if the council wants permit conditions or protections, each phase should return for individual site-plan approval with P&Z review so conditions could be recorded and enforced.

Public comment and council action Multiple residents from nearby Windcrest and Patio Homes associations spoke in opposition, citing concerns about neighborhood character, loss of views, property values and insufficient neighborhood engagement with altered plans. The council discussed process issues: several council members said the version of the site plan presented to them at the meeting was not the same cleaned-up plan residents and P&Z had reviewed and recommended referring the matter back to P&Z. The council voted to send request Z2513 back to the Planning & Zoning Commission for additional review and clarification rather than approving the amended plan on the dais.