After an hour of deliberation, that included a public hearing, the Fredericksburg City Council voted 3-2 to deny a conditional use permit (CUP) for the building of 21 townhomes in the Keller Subdivision on 1032 South Milam Street at Tuesday’s meeting.
The council needed a super majority to overturn the Planning and Zoning Commission’s recommendation of denial of the application. Mayor Jeryl Hoover, Council members Bobby Watson and Todd Eidson voted in favor of the CUP and Mayor Pro Tem Emily Kirchner and Council Member Tony Klein voted against.
P.V. McMinn, director of operations for Nuvista Development, has been trying to build on the 14.25-acre property since 2021. He said he purchased the property in 2019.
“As you may recall, both the planning and zoning commission and the city council voted unanimously to approve our first application for CUP in February of 2021,” McMinn said. “Shortly thereafter, the replat for the 21 townhome lots and our construction plans were approved as well.”
The 2021 CUP expired after the second year with no construction, and Mc-Minn started the process for renewal earlier this year.
City staff said mitigating factors include the property’s topography, as it sits on a hill, the intense use and density of a multi-family residential development, as well as water and safety issues.
“The project scope has been minimized in the interest of simplicity,” Mc-Minn told the council. “I can see no logical reason why anyone shouldn’t want this important project to come to fruition.
“Common sense dictates that if we’re not allowed to build beautiful, luxury town homes that will be complementary to our neighbors in Windcrest and an asset to the city of Fredericksburg, our only option will be to develop the property with the only viable alternative that makes economic sense,” he added.
There were over 20 letters of protest addressed to council and one person from the community spoke on behalf of 120 residents of Windcrest.
“P and Z (planning and zoning) has denied this request three times, twice, unanimously,” said Marlene Pilot, a resident, who was representing the Windcrest and Patio townhomes associations. “What does this tell you? Numerous times, Mr. McMinn has proven he cannot be trusted. This is a matter of trust. When do we reach the point where enough is enough?”
After the vote, McMinn said he would build an apartment complex.
“The residents don’t want anything. I think they want it to be a nature park, but that’s just not feasible,” McMinn said. “We have a lot of money tied up in that property, and I will absolutely build an apartment complex, but I do not want to it.
“There were some reasons we didn’t go forward when we had approved to start with, but all those issues have been cleared up,” he said, after the meeting. “The majority member has bought out some of the weaker members, and he won’t need financing to go forward.”
The council also:
• Voted unanimously to approve a zoning change for property on 304 East Highway Street owned by the Dorothy Kay Zey Family Trust from mixed resident (R2) to commercial (C2). They also voted to deny the land use change for the property.
• Voted unanimously to adopt an ordinance amending the Fiscal Year 2025 City Budget beginning October 1, 2024, and ending September 30, 2025.
• Voted unanimously to release 1.63 acres of land on 496 Ranch Road 1631 owned by Albert and Veronica Saenz from the City of Fredericksburg’s extraterritorial jurisdiction.
• Voted unanimously to amend and increase recreational fees for use of Marktplatz beginning Jan. 1, 2026, which was approved by council in February 2024.
• Voted unanimously to approve a revised city investment policy and strategies as per state law.
• Voted unanimously to approve the Fredericksburg Police Department seeking grant funding from the governor’s office for bullet resistant door panels for 20 patrol vehicles. Grants will be awarded in March 2026.
