Editor's note: This story has been updated to include comment from Todd Mobraten during the Aug. 21 meeting.

A new housing development was given the nod by Flower Mound Town Council at its Aug. 21 meeting, but not before several residents voiced their disapproval.

Council approved in a 5-0 vote an ordinance for amending the zoning for Montalcino Estates, phases 3 and 4, from interim holding uses to a planned development district with agricultural uses for a conservation development. The property of nearly 198 acres, including 71 buildable lots, is generally located north of Cross Timbers Road and east of Montalcino Boulevard. Council also approved in a 4-1 vote a record plat for the development with recommended exceptions from city staff.

What they said

In a two-hour discussion that included presentations, residents cited during the public hearing multiple reasons for their opposition, including drainage, wildlife protection and property values. In addition, some residents said they only recently heard about the development and thought they should have received more advanced notice.

One man, Michael Tilbury, said he was "100%" opposed to the proposal, and at one point, he held up a map on a notice he received that he said "didn’t make sense." He also said the explanation provided at the meeting was “disorganized."

One other speaker, Todd Mobraten, said he moved his family here from across the country and that he enjoyed the environment of the section of town he lived in, whose property is on the border of Montalcino, and he showed pictures of the wildlife near his home. He said he dislikes the prospect of a development being constructed and eliminating the forestry nearby.

“It would actually destroy us and our dream and what we did to get that property,” Mobraten said.

He said he wasn’t opposed to having neighbors nearby but not at the cost of people’s lives and the way they live. He wanted a “reasonable easement” preserving the wildlife and forestry.

Thirteen people who did not speak provided information by noting their opposition.

The background

Council heard about the land’s history and current state from Lexin Murphy, town development services director.

“The conservation rezoning is a town-initiated zoning,” Murphy said, adding that the rezoning is to bring the area into compliance with the town’s current zoning standards as well as with the planned development that was approved.

The conservation was a larger area for the rezoning than for the plat.

Relative to the proposed Montalcino phases 3 and 4 and how they affect homes in The Estates at Tour 18 subdivision, Darren Andrews, senior project manager at McAdams, said the design should not create problems for the residents.

“I believe our design takes care of that and mitigates all the concerns,” he said. “I don’t see that our development will impact them in regards to the drainage at all.”

At that point, Flower Mound's town attorney asked the council to enter an executive to receive legal advice. Council emerged from the executive session a little more than 20 minutes later.

What we know

Town Attorney Bryn Meredith said in open session because of a Texas Legislature decision sometime ago, if a property owner has received a permit from a governmental entity at least 90 days prior to annexation, the municipality may not prevent the property from being developed in accordance with its planned development.

Council could deny some requests, but overall, it could not prevent the development from being developed in accordance with its development plan, he said. Meredith said if residents are upset about that, they need to contact their leaders in Austin, in the House and Senate. State lawmakers keep eroding cities’ regulatory authority, Meredith said.