Despite continued opposition from neighbors, the Missouri City City Council on Monday voted to reconsider a proposed housing development, amending the minutes of a previous meeting in which the proposal was deemed to have failed. 

City Council held a second public hearing for an ordinance to rezone 95.34 acres, known as the Briggs Tract, from suburban district to planned development district for new single-family homes.

Ashton Woods is proposing to rezone 95.31 acres in Missouri City. Ashton Woods is proposing to rezone 95.31 acres in Missouri City.[/caption]

Residents from surrounding subdivisions spoke against the proposal, which was last presented at the council’s Sept. 6 meeting. Speakers during the hearing said they were concerned about increased traffic, drainage and effects on their property values if the land is rezoned.

Council Member Yolanda Ford asked to tag the agenda item Monday before the council could vote on the second reading. The item will return for action at a later meeting.

Back on Sept. 6, the council voted 5-2 in favor of the proposal, with city staff recommending the council approve the ordinance.  However, Missouri City City Attorney E. Joyce Iyamu said at the time that a super majority was needed to pass the ordinance, leading Mayor Allen Owen to say the proposal had failed.

On Monday, Iyamu said that further research into the law determined that only a simple majority of the council was in fact needed to pass the proposal on the first reading. As part of the plan to hold another vote on the proposal, the council also voted 5-2 Monday to change the minutes from the Sept. 6 meeting to reflect that the ordinance had passed its first reading, leading residents to question the changes.

“I would ask you to act with integrity and not vote to change the rules, not vote to change the record because the record is what the record is,” said Jeff Beicker, who owns property near the proposed development.

Owen advised residents’ attorneys to meet with Iyamu for further consultation.

“I think the people need to understand that this is a legal issue that we discovered after that meeting that put us in the situation where we are today,” Owen said.

The land up for rezoning would be used to build 278 homes in Shipman’s Cove subdivision, located north of the Newpoint Estates subdivision and southwest of the Creekmont subdivision, according to meeting documents.

Ashton Woods is proposing to build the homes in phases between the second quarter of 2017 and the fourth quarter of 2019, with all homes ready for occupancy by the first quarter of 2020.

Shipman’s Cove would also have approximately 1.5 acres of recreation preserve and a nearly 21.5-acre detention pond, according to meeting documents.

“We know there’s going to be land development,” said Creekmont HOA President Pam Patterson. “We want land development, but we want it done correctly.”