Killeen council shelves fence ordinance amid lobbying from local developer

Killeen City Council has once again voted to postpone a vote on new housing development regulations regarding driveways, perimeter walls and surveillance devices following a visit from a prominent local developer with close ties to the council.

Proposed new city regulations aim to make estate walls and privacy fences more attractive, but developers have voiced opposition, citing increased costs.

The proposed regulations would require subdivision perimeter walls in Killeen to be at least 6 feet high, but no higher than 8 feet. They would also require such walls to be constructed of masonry.

According to the city’s definition, masonry is defined as: “brick, stone, precast concrete or other similar masonry material of the same nature, density and pattern.”

Those features, according to a presentation included in Tuesday’s council meeting agenda, can be up to 16 feet high and have signage up to 50 square feet in area. They must include landscaping, and the homeowners’ association must maintain both the driveway features and the perimeter walls.

Privacy fences are now required to be eight feet high and made of masonry. Existing nonconforming privacy fences can remain in place until the damage exceeds 50 percent of their value or they need to be replaced entirely, according to a presentation accompanying the program.

Councilman Jose Segarra, owner of a real estate company, moved to postpone the matter until a meeting with stakeholders, including developers, could be held.

The vote to adjourn the matter was 6-1, with Councilor Nina Cobb voting against.

Killeen Development Services Executive Director Edwin Revell explained that only new developments would be subject to the regulations.

Currently, maintaining the entrance to the estate and the perimeter walls is the responsibility of the property owner, but under the new law this will be the responsibility of the homeowners association.

Revell said the intention was to create permanent perimeter walls and that the timber walls would need to be replaced “several times”.

Segarra asked about the type of concrete and Revell replied that it would be precast concrete.

“Is it cheaper or something? Because it’s still concrete, right?” Segarra asked.

Revell responded in the affirmative, explaining that the cost was $100 per linear foot, adding that brick walls could be significantly more expensive.

City Manager Kent Cagle said the savings will be “nearly infinite” because it’s not the developer doing this, but the property owner.

Cagle said the developer incurred no costs in connection with the matter.

Segarra said it looks nice, but as more and more products come to market, “it’s always the consumer who pays the price.”

“They have a hard time selling their home because the debt is greater than its value,” he said.

Local developer Gary “Bubba” Purser opposed the regulations at a public hearing, arguing that they didn’t have to go through homeowners’ associations. He also argued that the prices city staff gave for the differences between wood and brick fences weren’t accurate. He asked the City Council for an extra minute, and it was granted.

“So the homeowner has to pay for it, and if the fence is torn down, driven over, how are you going to put it back up?” he asked. “I haven’t read it, I haven’t looked at it. I’d like you to put it back.”

He also said he would like city staff to meet with stakeholders.

He said he didn’t mind reviewing the matter and trying to correct it, “but I’m opposed to doing it too quickly.”

Councilman Ramon Alvarez said he agreed with some of the issues Purser raised, but also added that in some areas, it is necessary to make pillars with concrete walls.

Purser interrupted the audience, saying that this was not true, and began to address the crowd.

Nash-King let it go on for a few seconds before she knocked him out because someone else was in line to speak at the public hearing. She said she still had time to speak, but didn’t use it.

Alvarez also added that they have shared data on privacy fences with the development community.

Nash-King added that developers also had the opportunity to send comments to the city on the proposed regulations, but none did so.

Cagle said he wanted to defend the staff members.

“When we have meetings, things change, sometimes dramatically,” Cagle said. “I don’t think that’s the case, but … the question you have to ask yourself is, how long is the city going to exist? And the council is responsible for the long-term plan.”

Cagle said that has had consequences for “short-term economic actors” making “long-term plans” in place of the city.

Segarra said the more he hears, the more he is convinced that he “doesn’t quite understand what this is all about.”

Segarra is the owner of Homevets Realty. His wife, who also works for the company, was the selling agent for Purser’s home last year.

Segarra suggested that the matter be postponed.

“We need to make sure they understand everything we’re doing before we look at the bigger picture,” Segarra said.