Tim House of The Bartonville Store and other McMakin Road business owners say they are done politely asking the Town Council to consider a proposed sewer connection.
They have a lawsuit drafted and are ready to file.
According to attorney Brandon Shelby, who was hired by House and other businesses on McMakin Road, the next step is legal action.
“My clients have been patient, they’ve been reasonable and they’ve sought to resolve this without litigation, but I want to be direct with this council,” said Shelby. “We have drafted a lawsuit, it is ready to file and we are prepared to do so.”
The comment came during the public speaking portion of Bartonville’s Town Council meeting on Tuesday night.
Since House has retained legal counsel, the Town was not able to comment on the situation. Council also does not respond to anything said during the public speaking portion of its meetings.
Nearly 30 people spoke at the meeting, with about six staunchly opposing the idea, 20 speaking in support and a few that brought up general ideas in regard to the situation. The Town did not mention any emails sent in about the project.
Of the speakers in opposition, their main points were wanting to keep Bartonville rural, continuing the town’s current policies and that businesses on McMakin Road were already aware they would have to run on septic systems.
Many worried this exception could set a precedent that might allow large or high-density developments in the future.
Speakers in support of House’s proposal came from Bartonville, Double Oak, Highland Village, Lewisville, Flower Mound, Denton and Lake Dallas.
Some wore shirts with the phrase “You gotta fight for your right to potty” printed boldly on the front.
Many talked about the importance of The Bartonville Store, what it means to the community and hoped the sewer connection would help it continue to succeed.
They also noted the benefits House has talked about: more parking, the ability for the store to stay open an extra two days and not worrying about the stench of a septic system.
However, many also brought up the perceived unfair treatment of The Bartonville Store and other businesses on McMakin when it comes to sewer, which seems to be the center of the proposed lawsuit.
According to the town’s official zoning map, The Bartonville Store and other businesses on McMakin Road are zoned Rural Business. The Kroger shopping center across the street is zoned General Commercial as part of a Planned Development and the Bartonville Town Center area where Marty B’s Restaurant and other businesses are located is zoned Village Center.
A small group of businesses at the corner of FM 407 and FM 1830 is also zoned Rural Business, including a gas station, a liquor store and a lightning protection firm.
House and his supporters argue The Bartonville Store should be permitted to hook up to sewer service, as other businesses have.
“What my clients want is simple,” said Shelby. “They’re not to asking for special treatment, they’re asking to be treated equally under the law – to have the same access to the same service, the same contract that every other commercial property enjoys.”
Speakers opposed to the connection said this case shouldn’t be compared to Bartonville Town Center or Lantana Town Center because those developments were designed specifically for sewer.
Bartonville previously opposed a sewer connection for The Bartonville Store in 2017, when a Lantana resident proposed buying the building, connecting it to sewer service and converting it into a Western-style restaurant.
Nothing in the town’s code of ordinances specifically lists whether buildings within Rural Business zoning are allowed to hook up to sewer or not.
However, the definition of the zoning reads that it is intended to provide local shopping facilities with development regulations that ensure “uses will be compatible and complementary in scale and appearance with a residential environment.”
The sewer line House wants to connect The Bartonville Store to is about 23 feet away from the building and was put in by Lantana Fresh Water Supply District No. 7.
This small radius of possible service was confirmed by Kevin Mercer, general manager of Denton County Fresh Water Supply District 6 and 7, which serves Lantana. “We certainly do not have the excess capacity for the town if they wanted to serve urban development or residential developments,” he recently told the Dallas Morning News.
“Lantana is very clear,” said House. “They have no interest, inclination or capacity to serve Bartonville residential.”
He claimed Lantana would only serve the existing businesses on McMakin because it’s off-peak.
“I think if we could sit down and talk about this, we could work it out quickly and avoid all the controversy,” said House.
The recent minutes haven’t been released from Bartonville, but minutes from previous council meetings indicate 13 supported the connection and 35 opposed.
