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‘Confederates' picket in battle of Bull Creek Pkwy

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Armed with picket signs, the “Bull Creek Confederacy” filled the seats and lined the walls at the Cedar Park City Council meeting last Thursday looking for answers and wanting their objections heard - to a project that isn't even in the works.

Residents of Bull Creek Parkway West, located in the new subdivision at Cedar Park Town Center, live in a quiet neighborhood, with a road that dead ends at the railroad tracks. However, they recently learned that road could one day be extended over the tracks and eventually run all the way to Bagdad Road.

If this road extension takes place, an incline starting 400 feet from the crossing will have to be added to the road. This possible extension, which is public record, has been part of Town Center's regulating plan dating back to Dec. 14, 2001. The plans were submitted to the city by the developer - D.R. Horton.

“This is their vision and their plan,” said Melanie Carr, Cedar Park Communications Manager of the developers plan to have the road extend over the tracks.

“This grading will literally destroy our homes,” said Thomas Mortensen, spokesperson for the Bull Creek Confederacy. “We will have no front access to our homes and it will increase traffic, which nobody wants.”

Mortensen said he first learned of the plan for the road on July 1 from John Pieratt, who owns land at Bagdad and New Hope Road, where the road could eventually end up.

He said his biggest complaint is that he was never made aware of what would happen with the road. “At the time my immediate neighbors and I purchased these homes, we were not explicitly advised of this pending plan. For most of us, knowledge of this plan would have led us to not purchase these homes...” said Mortensen as he addressed the council.

Chris Decker, a Bull Creek resident and real estate agent with Keller Williams Realty, is concerned because “we're not sure what's going on and no one has a good answer for us, but it is still early.”

Mortensen and the “Confederacy” are requesting the entire project be abandoned, but they are also alleging D.R. Horton was “grossly negligent.”

“It's the developer's responsibility to advise us of any known plans,” Mortensen said.

According to the plan, this particular neighborhood in Bull Creek is zoned mixed-use residential with a limited commercial overlay. The overlay allows the developer to choose whether to develop the area as commercial if it chooses without having to get it rezoned.

“In this case, the developer chose to pursue the base use of mixed residential,” said Carr. “In summary, no zoning change was necessary and the development of this area as a residential development is consistent with the Regulating Plan and Urban Code.”

Decker said as a homeowner and real estate agent, he finds the whole project very disturbing. “This was an absolute blindside to all of us in this subdivision.”

On Feb. 28, 2008, the city council authorized the city staff to submit an application to Capital Metro for a license agreement which will allow the city to build a crossing at Bull Creek. However, the city doesn't have any current plans or timeline for building the crossing, Carr said.

Carr said the process to get a permit is lengthy and the city just wanted to go ahead and get it started. “We don't even know if it's feasible or if it will be approved so that's what we're looking to find out.”

Sue Munoe with Capital Metro said she is currently processing the city's request. At this point, Munoe said she is trying to gather all the information from the city before she can begin the process of reviewing the plans.

“If we don't approve the plans and the profile, then it can't go through,” she said. “If they can't do it to our exact specifications, then we won't approve it. Nothing has been approved right now.”

Carr said at this time no action is being considered to do anything with the road, but if there eventually is a plan, the city would like to already have the permit in hand. “Though it is part of the roadway plan, there is nothing in the works or on the books for anything right now,” she said. “At this time [the city] hasn't made any requests to do anything.”

In order for the road to eventually be extended, the council must approve a policy decision. If the issue does go to council one day, council members will listen to the public before making any decisions.

D.R. Horton declined to comment at this time.

E-mail jennifer@hillcountrynews.com

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