The Farmers Branch City Council prioritized a business owner’s deadline over city residents’ concerns at a public hearing during Tuesday’s council meeting.
However, Ali Makhani’s promise to pay for trees to provide privacy to residents’ homes may have influenced the council’s vote to approve the zoning change to Ordinance No. 3838 allowing the 2.49-acre lot at 12055 Luna Rd. to be used for multi-family housing.
Since 2017, the lot has been zoned for hotel use.
Makhani’s company, Royal Hospitality, had an agreement to sell the property to Roers Companies of Plymouth, Minn., which develops and operates multi-family housing. The sale was to close in two days, Makhani said, when Mayor Terry Lynne asked if postponing the decision would create a financial hardship.
“I will pay for whatever trees they want to put in there to get their privacy or screening or whatever,” Makhani said during the public meeting.
“Mr. Makhani, I really appreciate your workable thinking with trying to assist the homeowners with some shading in their backyards,” said Councilmember Richard Jackson.
The plan for the property submitted to the city called for 19 trees on the property, a combination of Lacebark Elm, River Birch, Shumard Red Oak, Tuscarora Crape Myrtle and Yaupon Holly, seven trees more than required; however, none are in the area that would provide privacy to the homeowners located on Royal Oak Lane.
In addition, Logan Schmidt, developer with Roers Companies, said trees along the drainage canal west of the proposed building may not be possible because of the easement and requirements by the Trinity River Authority.
Roers Companies is listed as the owner and developer on the site plan, which is Exhibit A on the Ordinance No. 3838 amendment.
The proposed seven-story multi-family building, which would include a mix of 145 studio, one-bedroom and two-bedroom apartments, neighbors a five-story multi-family building, currently under construction to the north and owned by Roers Companies.
That property is located nearer the homes on Royal Oaks Lane.
The Farmers Branch Planning and Zoning Commission recommended denying the zoning amendment by a vote of 4-3 on Dec. 11, with a request by Commissioner Harold Froelich to permit additional residents the opportunity to speak on the case.
“I believe my job is to sit here and protect the rights of single-family homeowners who are truly invested in this city, who are going to be here for a long time,” said Mayor Terry Lynne, who cannot vote as a city councilmember. “To have apartment buildings, office buildings, whatever, looking down into the backyards of those single-family homes, those people have lost all privacy, and I don’t believe that’s right.”
Omar Roman, deputy mayor pro tem, said he and Councilmember Tina Bennett-Burton walked the neighborhood to invite people to a meeting initiated by the landowner.
He said a “significant” number of residents knew about the possibility of the zoning amendment change before it was proposed.
“Tina and I walked with these flyers to invite people to learn about what might be proposed before anything ever got submitted to the city. We knocked on people’s doors, waited for them to answer, and hand delivered an invitation, and we went all the way up Royal Oaks and across the street,” he said. “I thought it was important to highlight the effort the property owner went through because it is not common for a developer or a landowner to preliminarily reach out to the community and say here’s some ideas I have.”
Several residents outside of the 200-yard notification boundary spoke up against the request at meetings in November and December as well as at Tuesday’s meeting.
They said the proposed seven-floor apartment building, which would reach 80-84 feet tall, will look directly into their backyards.
“I bought that land with my kids planning for a swimming pool,” said resident Gurubaran Ramalingam, who owns a home on Royal Oaks Lane.
He asked if a six-foot-tall wall, which is not located either on his property or the property at 12055 Luna Rd. could be made taller.
“Anyone standing on that elevation can look into my patio,” he said. “I don’t want trees in my backyard.”
He and neighbor Jason Ennis both said they did their due diligence before buying their properties, and the land was zoned for a hotel, which they understood as having a different pattern of use as a multi-family building.
Ennis said he is troubled with an apartment building because of the increased likelihood that residents would use their balconies and look out their windows at the same time his family would be in their backyard creating safety and privacy concerns for his family.
“In light of what Mr. Makhani has offered over the last several minutes, my attitude has changed somewhat, but I still want to register my disapproval with the change in theory. I agree with the statement of the city attorney and everyone that the homeowners need to do their due diligence and find out what was going to be built next to them when they bought before they signed the contract,” Ennis said.
“I did that. I did that. It wasn’t a fun Saturday. It wasn’t easy to find on the City of Farmers Branch website. I am a real estate attorney,” he said.
The council voted 3-2 to approve the amendment with Councilmembers Martin Baird and Bennett-Burton voting against it.
After the public meeting, Ramalingam said he would wait to see what happens with the proposed trees and possibility of the wall being increased in height.
“It depends on what they do next,” he said. “Otherwise, I’ll come back. It’s a long process.”
Ennis was optimistic after speaking to Makhani outside the council chamber.
“We are happy with the outcome if they come through, as I fully expect they will,” he said.