Raleigh Creek Development has been in the works for more than four years and is headed by James Spurlin of LS Development. However, the housing development planned for Zion Road has come under heavy fire by nearby residents who say it would cause an increase in population as well as lead to significant flooding and traffic problems.

Those residents, at times numbering more than 500, petitioned the city over those fears to halt the development.

However, a loophole in the city’s zoning ordinance is allowing Spurlin to go forward with the development despite the outcry from local residents.

According to documents related to the case, the City of Tomball annexed the 140-acre tract in December of 2006 after accepting the plat for the land, which included plans to develop under what would become Single Family 9 zoning restrictions.

Two months later, the city adopted a zoning ordinance, which designated the land agricultural rather than residential, which was what it was planned for. As the project moved forward, the city council eventually agreed to create a Public Improvement District for the proposed Raleigh Creek Development.

However, public outcry began to mount, as residents began to fear potential flooding and traffic issues. A group led by Zion Road resident Bill Sumner submitted hundreds of signatures to the city protesting the construction of the development.

“We don’t think the infrastructure in the whole Tomball area can handle that kind of development,” Sumner said. “There is not another 350-home housing development in Tomball. I’ve lived in Tomball since 1985 and traffic on Zion Road has been horrendous.”

So many residents like Sumner came in protest of Raleigh Creek at the March 16 Tomball City Council meeting, the fire marshal deemed the chambers at capacity and stopped letting people in.

But despite their objections, and any further objections the city could have had, the zoning ordinance created an exception for properties such as Spurlin’s that allows him to develop the property under the accepted plat, despite any zoning designation the city were to give it.

With the vested rights on his side, Spurlin said he “absolutely” plans to continue to the Raleigh Creek subdivision under Single Family 9 restrictions, which call for 9,000 square feet minimum lots. Single Family 20 calls for 20,000 square feet minimum lots.

“We now have a greater realm of working with the vested rights,” he said. “This goes back four years. The city had already annexed the property before zoning, but zoned it agriculture. I’m doing the project.”

At the March 16 meeting, Sumner said there was a “huge disconnect between the city managers and the residents.”

“You have to do what the citizens want you to do,” he said.

But with Spurlin holding the vested rights, there was little the council could do to stop the development. The new designation states that if plans for Raleigh Creek were to go inactive for two years, Spurlin would lose his vested rights and the property would be deemed Single Family 20-Estate.

Meanwhile, Spurlin said that the complaints by local residents regarding the flooding and traffic issues were unfounded and the hundreds of people who signed petitions were “misrepresented.”

“There have been a few people who have spearheaded a negative approach, and those people have outright lied and completely misrepresented what the development will do for the community,” Spurlin said.

“I don’t know that we weren’t telling the truth,” Sumner said. “Everyone knows that Zion Road now floods more than it used to. Those statements are way out of context, and are false. I don’t think we misrepresented what we said in our petition at all.”

Addressing the flooding issues, Spurlin said studies by the Harris County Flood Control District, FEMA and city engineers have been completed and found no legitimate threat.

However, Sumner said, “I’ve got to be honest, I don’t believe them. It kind of reminds of me ‘trust me.’ Well, that trust isn’t there. When you build that much concrete, you can’t build a big enough retention pond.”

According to documents, city officials contacted representatives from Harris County Pct. 4, who said that the developer would need to conduct a Traffic Impact Analysis, and at minimum, construct a right turn lane, “and possibly a left turn lane.”

City Planner Kelley Violette also said as part of the development, a second entrance would be required to be constructed to ease traffic flow.

The Raleigh Creek subdivision represents a potential financial bonanza to the city. With 100 percent occupancy in build out by 2020, the city could take in more than $4.3 million in new tax revenue based on an average home value of $350,000.

Comments (0)

Subscribe to this comment's feed