“A great deal of public input and support went into developing the 2001 Master Plan and the 2000 SMARTGrowth Program.  Residents need to know that they can go to bed on Monday night and wake up Tuesday morning without having their plans for the future changed at the council meeting the night before.

       We absolutely must make decisions based on long term planning-- not short term planning, fads, and threats of litigation.  It was the absence of long term planning, and the approval of requests for higher density housing that caused the infrastructure crisis of the 1990's.  We have to do what's best for Flower Mound.  As a community, we have no obligation to ensure the maximum return for speculative land investments.  We do have an obligation to our community to keep Flower Mound a great place to live and do business."    -- Mayor Lori DeLuca 

 

May 15, 2004  Voting Results for Proposition 6 - SUPER MAJORITY REQUIREMENT

          Section 8.05 was added to the Town Charter to require the approval of three-fourths (3/4) of the membership of the Council for any amendment to the 2001 Master Plan and the 2000 SMARTGrowth Plan. 

                                                                                 

                                                                                Early       May 15       Total

                                               YES           2125        2289         4414          78.8%

                                                NO             586         598          1184          21.2%

                                            TOTAL           2711        2887         5598        100.0%

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          In 2006 during the Smith Administration there was an attempt to overturn the Supermajority Requirement through a Town Charter Review.

          In 2012 the Northern Administration added this requirement for the Drilling Ordinance as it restored and also increased the protections from the original DeLuca administration ordinance which had been decreased changed during the Smith administration. 

          In 2012 the Hayden administration replaced the Town Manager and Town Attorney; and spearheaded the 2013 Master Plan Update Changes demanded by development interests.  By making core changes to the Master Plan outright, the Supermajority became less effective.   In spite of growing resident complaints, the 2014 councils elections were cancelled due to lack of challengers, and more Master Plan changes were approved that included higher density and apartments.   

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          Although this was pre-addressed in both the 1981 and more extensively in the 2001 Master Plan, subsequent development-related changes have altered floodplains and eliminated pervious, natural surfaces that had served to slow down and absorb runoff containing pollutants before going into Lake Grapevine.  This increased runoff has also resulted in quick and high rising water which is eroding property, becoming costly to neighborhoods.

       Although development interests continue to pressure the Town to extend municipal sewer through the Cross Timbers area to accommodate their higher density and commercialization goals, the prohibition of sewer has been an effective tool for environmental preservation and managing growth not only in Flower Mound but also throughout the United States.  Municipal sewer requires extensive surface disruption including removal of trees and other natural amenities, which further increases water runoff.  In addition, homeowners are assessed sewer fees for the length of pipe fronting their homes whether they connect to sewer or not.  Prohibition of sewer in Flower Mound's most scenic and environmentally sensitive areas is order to preserve them also provides for a diversity of lifestyle options.  

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Original 2000 SMARTGrowth Goals:

(SMARTGrowth has been amended several times since May 2004, including removal of schools capacity criteria)

       - Mitigate the ill effects of rapid and intense urbanization.  (Flower Mound was the nation's tenth fastest growing community during the 1990s - growing by 226.54%, from 15,527 to 50,702.)

      -  Ensure growth is served with adequate public infrastructure, services, and facilities.

Ensure growth contributes to the attainment of the community character and quality of life objectives established in the Town's 1994 and 2001 Master Plan.

       - Preserve open lands, natural landscapes, farmland, sensitive ecological resources, and scenic vistas on the urban fringe.

       - Integrate the built and natural environments and contribute to a sense of place.

      -  Ensure growth does not occur at the expense of environmental quality, community character, or quality of life.

       Preservation of open space, farmland, natural beauty, and sensitive environmental areas is achieved by criteria pertaining to watershed protection, wetlands, water body protection, topographical slope protection, environmental surveys, environmental protection plans, conservation development, rural development, visual impact, and agricultural resource protection easements.

       Criteria related to adequate utility and transportation infrastructure, public school capacity, and minimum public safety response times serve to strengthen the existing community fabric and ensure continued reinvestment in community infrastructure.

       Use of original SMARTGrowth criteria has enhanced the predictability and fairness of development decisions, and, as the Town has developed the capacity to perform many of the environmental and engineering studies in-house, the cost-effectiveness of these decisions has been improved.

 

Chronology of SMARTGrowth

Infrastructure Emergency

       Lori DeLuca, founder of Voters United to Preserve Flower Mound, became Mayor in May 1998.  The council consisted of 4 other members supported by Voters United.

       It was declared that the needs of current residents were the number one priority.

       In November 1998, following years of unmanaged growth and lack of infrastructure, it was determined that the Town was nearing a crisis for providing roads, water and wastewater treatment services.

       In January 1999 the Town Council decided to pursue a SMARTGrowth Management Plan (Strategically Managed and Responsible Town Growth).

     In January 1999 a Temporary Moratorium was placed on new residential applications and new building permits.  (This did not affect projects already approved for construction or development)

This allowed the Town Council to:  

            1.   Assess total infrastructure needs on roads, water and sewer

            2.   Prevent a rush by developers for new building permits trying to avoid new guidelines in the updated Master Plan

            3.   Determine if a growth management plan was needed

Moratoriums are a common tool used by developing or seasonally stressed communities in order to address infrastructure emergencies.  Developers could not proceed anyway, once water or sewer services become compromised. 

 

SMARTGrowth Components

1)  Temporary Moratorium (January 1999 through February 2000) on:

          a)   Residential Master Plan Amendments 

          b)   Zoning Amendments

          c)    Development Plans 

Moratorium ended with adoption of the SMARTGrowth Plan February 2001

2)   Amendments to the Town Building Code were passed to precluded the stockpiling of residential building permits in response to the temporary moratorium

3)    The SMARTGrowth Management Plan.   Unanimously adopted by the Town Council in February 2000 after receiving support from thousands of residents.  Updated in July 2002.

4)    Master Plan 2001

 

 “Smart Growth” is a planning phrase.  It has different meanings to different communities.  

       In Flower Mound, it is an acronym which means “Strategically Managed and Responsible Town Growth”.  It was adopted before the 2001 Master Plan.

       Within the Flower Mound context, any growth or development that contributes to the attainment of unique community character and quality of life will be considered “smart growth” and will be accommodated and encouraged.

 

ACCEPTABLE development--

       Vision-driven:  Developers build according to the density and quality that accurately reflects the character and preferences of the Town.

       Examples of SMARTGrowth developers and developments:

              - Kohl’s stated that if they built a store that would reflect community character, they knew that “residents would be good customers.”

              - Commercial investors in Hillwood and Lakeside (east of FM 2499) sought out Flower Mound specifically because a SMARTGrowth plan benefited their investments.

              - The developers of the Highlands Shopping Center and officials with Target and Home Depot worked with Town officials and neighborhoods to ensure a quality development.

 

UNACCEPTABLE development--

       Market-driven:  Developers built the most houses they can crowd onto a piece a land because that supposedly yields the greatest profit. 

       Examples of Non-SMARTGrowth developers and developments:  Developers using shoddy construction, inappropriate design and materials that do not reflect community character, resulting in lower property values and quality of life in adjacent neighborhoods.

 

Open Space Plan  

Purpose of Preserving Open Space 

       - Unmanaged development will overwhelm our unique qualities.

       - Agricultural and scenic lands contribute to our country atmosphere and quality of life that influence economic development.

       - Open space has intrinsic value.

       - Open space and scenic land reduce the need for major urban infrastructure improvements.

 

Open Space Board

"Open Space" originally meant natural areas for both preservation and passive enjoyment.

(Post 2004 this became the Environmental Conservation Commission, with reduced influence in development decisions and tree mitigation. The Parks Board was also combined with Arts and Library, aka "PALS" Board, which combined many topics at their meetings.)

       - Review and evaluate conservation development projects in relation to the conservation objectives as expressed in the Open Space Plan and advise the Council relative to the appropriateness of the conservation development incentives.

       - Inform and engage the citizens and landowners of Flower Mound in a continuing public dialogue relative to the importance of open spaces and the techniques and options that exist to protect and preserve same.

       - Develop and implement appropriate land protection techniques and tools for protecting open, productive agricultural, natural and scenic lands, while creating compatible recreational resources where appropriate.

       - Identify and facilitate grant and loan applications to fund open space programs.

       - Assist the Town Council in determining which techniques, tools and funding strategies have the greatest potential for protecting open spaces in Flower Mound.

       - Assist the Town Council in creating incentives and regulatory requirements to improve rural development patters.

       - Facilitate relations between landowners and land trusts.

       - Evaluate and keep current the Open Space Plan and its components.

       - Establish a Technical Resource Team to provide a variety of open space technical resources to landowners.

       - Formulate an Open Space Public Education Program relative to the importance of open space and the future character and economic health of Flower Mound, and provide educational resources to landowners that identify techniques and options that exist to protect and preserve open space.

 

Those Who Benefit From Open Space Conservation

       Land Owners     Developers     Builders     Home Owners Associations     Schools

       Civic and Youth Organizations     Land Trusts     Tax Attorneys     Real Estate Professionals

       Bankers     Utility Companies

 

Natural Areas Unique to Flower Mound

       - Ancient Cross Timbers Forest -- Primarily composed of 400 year-old trees such as Post Oaks and Blackjack Oaks

       - Open grasslands and savannahs

      -  Scenic roads and corridors that reflect the character of the Town

       - Cultural features such as “The Flower Mound” on FM 3040

       - Agricultural lands principally used for pasture or equestrian purposes

Protective Steps

       - Education through the Town’s Annual SMARTGrowth and Open Space Symposium

       - Use of Land Trusts to hold and protect dedicated open space in perpetuity

       - Incentive programs for developers: tax benefits, reduced development fees, expedited review

       - Open Space Board to assist with the preservation of open space and natural resources and to support the Town’s Open Space Plan

       - Tree Board to assist with tree preservation and to support of the Town’s Tree Preservation Ordinance

       - Annual SMARTGrowth and Open Space Symposium

 

From 1999- 2004 the Town hosted an 4 annual Open Space symposiums

       For Flower Mound residents and visitors, including state, county, and city employees from across the United States.  Guest speakers include those with expertise in the areas of conservation planning and developing; urban planning; land trusts; preserving community character; land taxes; The Ancient Cross Timbers ecology; regional landscaping; “green” building; parks and wildlife, community character, etc.  Activities have included smart growth panel discussions, workshops and tours of Flower Mound’s conservation developments.

 Conservation Developments

       Protected open space near residential or commercial areas -- reflect a growing and popular trend.  The Winter 1991 Edition of “Land Development”, published by The National Association of Home Builders (NAHB) concurred with the findings from a University of Massachusetts study which indicated that “the value of homes in cluster developments… with permanently protected open space appreciated at a faster rate than did the value of homes in conventional developments”, and ‘indicates a preference among home buyers for clustered homes with access to permanently protected open space.”

 

Cluster Developments

       Houses clustered together on smaller lots than originally planned in order to preserve the maximum amount of open space within the development, and can be located in both low and high density areas.  The number of homes originally allowed for the property remains the same.  In 1999, the NAHB awarded conservation/planner Robert Engstrom of Minneapolis its top award for his conservation development “The Fields of St. Croix” in Minneapolis.  Mr. Engstrom was a speaker at Flower Mound’s first Open Space Symposium in 2000.

Flower Mound’s original residential and commercial conservation development is voluntary and incentive-based. 

Chimney Rock

       Located in a rural area on FM 1171, is the first conservation residential development in North Texas.  Local developer Willard Baker decided to make Chimney Rock a conservation development after attending the first symposium.  It is designed by premier conservation planner Randall Arendt of Pennsylvania.  Mr. Arendt was a speaker at two symposiums, and is an author of many books, including Conservation Design for Subdivisions and Growing Greener. Chimney Rock has approximately 50% open space preserved.  Lots are approximately 1-1/2 acres each.

Sanctuary

       Flower Mound’s second residential conservation development is Sanctuary, a Toll Brothers development surrounded by medium density residential development near McKamy Road.  It has almost 50 percent preserved open space, including riparian habitat with bottomland hardwoods.  The development has strands from the Ancient Cross Timbers Forest, two ponds, wetland features, and a large meadow that will include an outdoor learning center.  The development also contains extensive hike and bike trails.  Housing lot sizes range from a minimum of 15,000 square feet to an average lot size of 20,000 square feet (approximately 1/3 to 1/2 acres).

Commercial Conservation Development  

       Hillwood, Home Depot, and Lakeside are all commercial conservation developments.  The developers of these projects will preserve a significant amount of open space and existing trees, as well as planting additional trees.

 

Tree Preservation Ordinance

       The Town has received the prestigious Growth Award from the National Arbor Day Foundation and has received the “Tree City USA” designation for many years.  In 2000, Mayor Lori DeLuca and Town Manager Van James received personal recognition and were awarded the Community Forestry Leadership Award.

       The Town’s Urban Forester enforces the Town’s stringent Tree Preservation ordinance, which includes:

            -  The permit process for legal removal of trees

            -  Fines for illegal removal of trees

            -  Education regarding the value of trees and how to care for them

       Also, a developer shall not over-grade the property, so that the natural characteristics remain.  This prevents “scrape and build” type development.

       This stringent ordinance was necessary to avoid more “Great Tree Massacres” where 371 trees were needlessly destroyed simply because it made building quicker and easier for the developers, who did not understand the value of trees. 

       In August 1999, developer John Baker (Wellington Estates) leveled the rolling hills, but left “pedestal” trees that quickly died.  Typically, the resulting tons of hauled-away dirt become additional developer income when sold as topsoil.

       At the same time, developer Peter Shaddock (The Woods of Wellington also known as “The Stumps of Wellington”) simply removed most of the trees.

       The Town pursued criminal and civil charges and both developers later settled with the Town for $1.6 million worth of trees, land, and cash. 

 

Original Master Plan 2001

       - Adopted on March 19, 2001.

       - Involved 2 years and over 150 public meetings attended by thousands of residents.

       - Details our communities’ vision of the future and will guide development according to the wishes of the citizens that live here.

       - Projected population build-out:  87,000 to 92,000.

                            The population projections were not included in the 1994 Master Plan

                             because Flower Mound had not annexed the Denton Creek District yet.  

                             However, these annexed areas were included in the 2001 Master Plan.  

                             When Flower Mound is finally built out, building permits will flatten out.   

                             (See additional information on how population buildout numbers were 

                             determined at the end of this page)

 

Necessary in order to

       -  Preserve the unique country atmosphere and natural environment

       -  Mitigate the ill effects of rapid and intense urbanization

       -  Create a balanced tax base to ensure long term economic health and prosperity

       - Ensure all development is of enduring and exemplary quality

 

Components

1)     Land Use Plan

2)     Water Plan

3)     Wastewater Treatment Plan

4)     Thoroughfare Plan

5)     6 New Area Plans 

6)     9 New Specific Plan Areas

7)     Open Space Plan

8)     Parks and Trails Plan

9)     Urban Design Plan

 

Maintained the original zoning/density of agricultural areas west of 2499.  The master planning and protective zoning have increased those land values over time. Such zoning prevents an auto repair shop (industrial) in a neighborhood (residential), and prevents a factory (industrial) next to agricultural zoned for 1 acre+ home lots (residential).

 

Requirements of Amendments to the Master Plan

1.  A Town-wide benefit must be derived in order to approve an amendment.

       Example of benefit:  Building a hospital in an appropriate location, or reducing residential density.

       Example of non-benefit:  Building an industrial facility next to a school or neighborhood, or increasing residential density.

2.  Requires a super majority approval by the Town Council (4 out of 5 votes).

 

Common Tactics of Developers and Land Investors

When developers or landowners are ready to sell or develop their property, they: 

       -  Request density increases or deannexation, occasionally resorting to lawsuits, which have historically always been unsuccessful.  Many times they do this to just to intimidate cities into compromising. However, when a community doesn’t have the leadership or conviction to support their Master Plan, then they must be ready to acknowledge that they are willing to settle for the lowest common denominator.

       -  Claim that smaller lots provide more affordable housing.  In reality, home prices change little or not at all because these type of developers tend to build the same size and type of home, regardless of the size of the lot.

       -  Allege that larger lots are difficult to sell.  In reality, there are waiting lists for large lots and lots in conservations developments near protected open space.  This has been the national trend for many years.

       -  Disregard the fact that there is a wide variety of zoning and land available for different housing options, ranging from apartments and mobile home communities to ranches.

       -   Ignore that open space and preserved tress have intrinsic as well as economic value.  Homeowners will pay more for property that has mature trees or that is near preserved open space.

       -  Argue about “property rights” when in reality they are arguing about land that was master-planned or zoned before they purchased it.  These types of developers do not want to be a good neighbor or community partner.  They just want the maximum return on their investment at the expense of residents who must live with the consequences.

       -  Purposefully and continually ask for postponement of public hearings in order to limit citizen participation and to discourage opposition and residents from speaking against their proposal.

                     On May 15, 2004, voters overwhelmingly passed an amendment to the Town Charter

                                      requiring a supermajority vote (4 out of 5) by the Town Council

                        in order to make any changes to the Master Plan or the SMARTGrowth Program.

 

SMARTGrowth "compliance" does not justify Master Plan rezoning.  

          SMARTGrowth has been amended - such as delayed traffic impact studies until after approval, and then with debatable results; the impact to schools has been removed as with Lakeside which failed schools criteria.  Fewer details are now required for concept plan approval.  After approval of these rough site plans properties are sometimes "flipped" to a new owner with a different vision, and more changes and waivers are given even throughout buildout.  The end result is often dissimilar to what was promoted.

 

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*Update May 2015 regarding Master Plan Changes approved from 2012-2015

       These converted low density and commercial properties to high density, multi-family and apartments, the new, increased population buildout (beyond the 92,000 expected under long-range planning) is unknown at this time.

       The rest of this page returns to the 2001, long term vision for further explanation.

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Lori DeLuca on June 10, 2006: Population Projections - 1994 & 2001 Master Plans

          "The population projection from the 1994 Master Plan should have been 92,279 taking into account existing uses, zoning, and master plan designation.  The population projection from the 2001 Master Plan was 84,000-87,000, exclusive of the newly annexed areas in Western Flower Mound.  This small decrease was achieved by lowering the density on some parcels of land and taking into account land that had developed at lower densities than expected, such as subdivisions with larger lots, schools that had been built on residential property, etc.  Then adding in the projected population of 3,000-6,000 from the newly annexed areas (Denton Creek District) brought us to our current population projection of 87,000-93,000."

 

Below are the notes about the population projections as copied from the 2001 Master Plan.

Information included the population analysis report conducted by Kimley-Horn in 1998.

          - Estimates are based on future development occurring at 85% efficiency throughout each predominantly residential land use category

          - The Long Prairie District includes the buildout of the Bridlewood and Wellington developments

          - The land use areas in the Denton Creek District are assumed to develop at 30% to 35% residential

          - Total population numbers in the Annexation Area have been rounded to the nearest thousand

          - The total population capacity of the 1994 Comprehensive Plan is 92,279, as determined by a detailed land use and population analysis conducted by Kimley-Horn and Associates in 1998, which took into account both existing zoning and future land use designations.  

          In comparison, the updated total population capacity, based upon the proposed Land Use Plan, is estimated to be 84,000 - 87,000, exclusive of the 1999 annexation area."