Plans by Fort Worth developers to construct a 133-lot RV park in Grandview hit a roadblock and remain on hold possibly through October.
18th District Judge Sydney Hewlett on Tuesday issued a temporary restraining order halting the Fort Worth company, Country Meadows Grandview LLC, from proceeding with the project, at least for now.
A trial to decide the matter, also in the 18th District Court, has been scheduled for Oct. 9.
The property in question at 6965 County Road 203 covers 15 acres.
The controversy rests between claims of opportunity versus nuisance and existing restrictions put forth by the parties in the suit.
Country Meadows President Julie Crimmins admits that her family will make money off the venture but insists that she is developing a residential neighborhood rather than a commercial property. Crimmins spoke too of the lack of affordable housing in Johnson County and elsewhere.
“The intent is to provide the ability for people who live in RVs to have a permanent community they can be proud of,” Crimmins said when she took the stand during Tuesday’s TRO request hearing. “We want them to have a place where they can have safety, community and something to be proud of. I don’t believe the Metroplex provides anything like this.
The RV park as envisioned would include perimeter fencing and gated entrance. Additional amenities include a clubhouse, green space, walking trails, a dog park and space for each RV unit renter to install a storage shed should they so choose, Crimmins said.
Surrounding landowners, however, raised the possibilities of decreased property values and heightened traffic and crime. Those same landowners counter that deed restrictions on the property prevent the planned RV park.
The controversy arose in part from a Country Meadows submitted plat request to divide the 15 acres into two parcels.
Area residents attended two Johnson County Commissioners Court meetings to voice opposition to the project. Country Meadows officials during the first of those meeting withdrew the plat request. Commissioners during the second meeting delayed decision on the resubmitted plat, which was by then submitted as a multi-family residential plat.
Commissioners on Monday, however, approved the plat request as presented although Precinct 4 Commissioner Larry Woolley voted not to approve. That said, Woolley and the rest of the court said that such plats have to be approved by law as long as they meet the submission requirements. Commissioners added that approval of the plat does not equal permission or otherwise have anything thing to do with how the landowner develops the property.
Confusion arose from a box marked commercial on the first plat submitted given that the land’s deed restriction prohibits any commercial activity.
Crimmins testified that an engineer accidentally submitted the plat with commercial marked. Crimmins said that once the mistake was discovered, a corrected plat was resubmitted.
Adjacent landowners represented by Grandview Attorney Lyndon Laird argued that the RV park as planned represents a commercial venture despite the fact that Country Meadows officials have since classified the land as residential subdivision.
Attorneys on both sides argued over what commercial use constitutes with Country Meadows attorney Lane Odom contending that precedent set by previous cases goes to the use of the property rather than the fact that property owner may be deriving income. Odom argued that the fact that people would be living in the RVs on site equates the property to residential rather than commercial use.
Odom went on to argue that a previous property owner operated an HVAC business on the property absent complaint from neighboring landowners. As such, those same property owners have now waived their right to complain or raise issue, Odom said.
Odom questioned also the fact that adjacent property owner LuAnne Langley attended Tuesday’s hearing to represent Donald Barnes, a previous owner of the property who is represented by Laird. Langley, Odom argued, lacked standing to represent Barnes or be included in the case.
Langley and others testified about their opposition to the RV park.
“Because of the peaceful atmosphere we have out there and the amount of room we have between neighbors,” Barnes said. “I’m also appalled that they are violating the rule of law regarding the deed restrictions. I was giving them the benefit of the doubt thatt they didn’t know about them and when were given that letter concerning the June 24 commissioners court meeting and that they admitted that they had known about it and they just seemed to think that they could slide by and that nobody would notice or that they could break the rule of law.”
Crimmins on Tuesday admitted awareness of the deed restriction when here company bought the property but argued that it doesn’t apply as her venture is not commercial in nature.
Woolley took the stand Tuesday as well with a copy of the plat as presented and approved by commissioners.
Woolley answered no when asked by Laird if the commissioner’s approval of the plat also authorized Country Meadows to proceed with the proposed RV park.
Laird asked Woolley if the final plat as approved contained wording designating the project as commercial.
“The plat itself does say, under plat notes the second bullet point under general says the designation of the proposed use is commercial,” Woolley said.
Woolley said he has no doubt the proposed project is commercial and offered his opinion of a commercial versus residential use of property.
“A commercial entity would be something where someone makes continued income compared to a residential development where lots are sold and come to closure,” Woolley said.
Crimmins, during her testimony, testified that the original plan was to construct and sell houses on the property but that such plan proved unfeasible.
Crimmins argued further the benefits of the proposed RV park and the area need for affordable housing.
18th District Judge Sydney Hewlett took arguments from both sides under consideration and issued the TRO several hours later.
