Saturday, October 17, 2026

Johnson: What if we say no to planned development? What could come next?

For months, Double Oak has been discussing the approximately 23 acres at FM 407 and Simmons Road and the retail development currently proposed for the property.

We have talked about traffic, drainage, lighting, landscaping, buffers and building size. Those are all fair and important discussions.

But there is another question I believe we need to ask:

What if we say no? Saying no doesn’t make 23 acres of privately owned property disappear or guarantee it remains trees and open space forever.

The property can still be sold, and the next proposal could look very different from what we have today.

So, let’s consider a few “what ifs.”

What if it’s a private school? That’s hypothetical. I know of no private school currently interested in this property.

But Texas has changed the landscape for private education.

Beginning with the 2026–27 school year, the Texas Education Freedom Accounts program provides an eligible student attending an approved private school $10,474 with certain students with disabilities eligible for substantially more.

What will that do to demand for private education in fast-growing North Texas over the next five or 10 years? Nobody knows yet.

But picture 23 acres.

A private school campus could potentially include classroom buildings, a gymnasium, playgrounds, parking and athletic facilities. What about soccer or practice fields? Evening games? Lighting?

Whether those things would ultimately be allowed would depend upon the actual proposal, our ordinances, state law and conditions the Town could legally impose.

But 23 acres gives us reason to ask.

And a school doesn’t eliminate traffic. It concentrates it.

Think about morning arrival, afternoon pickup, employees, athletics and evening activities.

Different development. Different traffic. Still traffic.

What if it’s a religious or educational campus? Texas municipalities have zoning authority, but that authority has limits.

Texas has a Religious Freedom Restoration Act, while federal law provides additional protections through the Religious Land Use and Institutionalized Persons Act, commonly called RLUIPA.

These laws don’t mean a religious organization can build anything it wants. Zoning, fire safety, drainage and other lawful requirements still matter.

But they provide important protections for religious exercise and limit how local governments may regulate religious institutions.

And when we say “religious organization,” don’t necessarily picture only a sanctuary and Sunday morning services.

A modern religious campus of any faith could potentially combine worship, education and community activities. It could include multiple buildings, children’s programs, educational facilities, recreation areas, playgrounds or activity fields. A religious organization could also operate a school, creating weekday activity in addition to services and weekend events.

Again, this is hypothetical.

But a multi-use religious and educational campus could mean activity throughout the week.

Different development. Different traffic. Still traffic.

What about taxes? Under Texas law, qualifying property owned and used by religious organizations can be exempt from property taxes. Property used by qualifying schools can also be exempt from property taxes.

Conventional privately owned commercial property is generally different. Retail can contribute property taxes and generate sales-tax revenue for Double Oak.

Think about that difference over 10, 20 or 30 years.

A qualifying religious organization or school could generate traffic and use roads, police, fire and other public services while qualifying property could be exempt from property taxes.

That matters because Double Oak is essentially built out. We don’t have hundreds of additional acres waiting somewhere else for another opportunity.

What about Simmons Road? Traffic is understandably one of the concerns.

But some history is important.

Denton County included Simmons Road in its TRIP ’08 transportation bond program. The project widened the narrow two-lane asphalt road into a 33-foot-wide concrete roadway from FM 407 to Kings Road East and improved drainage.

The County stated the purpose plainly: reduce congestion and improve mobility.

Simmons serves as an important north-south connection through our area.

That doesn’t mean we dismiss traffic concerns. It means we recognize that Simmons has a transportation purpose beyond driveway access to the homes along it.

Whatever ultimately develops on these 23 acres will likely generate traffic. Retail traffic generally comes and goes throughout the day. School traffic concentrates around arrival and dismissal. Religious-campus traffic could include weekday and weekend programs, services and special events.

There isn’t a realistic development scenario where everybody arrives but nobody drives.

Now look at what’s actually in front of us. The current developer has spent considerable time meeting with surrounding residents, and those conversations have produced changes.

The proposed grocery building has been reduced by approximately 10,000 square feet. A play area and trail system were added. The proposed gas facility was moved farther toward the center of the development, and plans include taller barrier fencing and additional buffer space. A second exit onto Simmons Road was removed.

Perhaps most importantly, the drainage concept has changed.

The developer is proposing to spend substantial additional money to take stormwater underground and beneath FM 407 to the drainage system north of 407 rather than routing that water through Carruth Estates.

If successfully engineered, approved and constructed as proposed, this could help address an existing drainage concern for those residents.

But here’s another “what if.”

Double Oak requires development to properly address drainage. That doesn’t necessarily mean the Town could require every future developer to use this exact and expensive engineering solution.

A future developer would have to satisfy applicable drainage requirements but might propose another solution without making the additional investment being offered today.

What if the next developer meets our drainage requirements but isn’t willing to spend the additional money to move the water north of FM 407?

We shouldn’t automatically assume today’s solution will be offered tomorrow.

We know what is in front of us today. Through the Planned Development process, the Town can address uses, layout and development standards for this property.

The next applicant might be equally willing to work with our residents.

Or they might not be.

A future school could bring different development needs and concentrated traffic. A future religious organization could propose a multi-use campus while also having state and federal protections that the Town must respect. Either could present a very different long-term tax picture.

That’s why the comparison shouldn’t simply be between today’s proposal and an assumption that these 23 acres will remain untouched forever.

Maybe they will.

But maybe they won’t.

So, what if we don’t? I am not saying a private school is coming. I am not saying a religious organization is coming. I am saying something else could come but it likely will as the property owner is motivated to sell.

Would another use generate less traffic or simply different traffic? Could there be athletic fields, outdoor activities or evening lighting? Would another developer make the same investment in drainage? Would we receive the same buffers, fencing, trails and other concessions? What tax revenue would another use produce or not produce?

Those aren’t predictions. They are questions worth asking. Because saying no may end the proposal in front of us. It doesn’t end the future of the property.

Sometimes the most important question isn’t simply:

“What if we approve it?” It’s also:

“What if we don’t?”

To stay up to date with all the exciting news and updates, please visit the Double Oak Town website at doubleoak.texas.gov. In addition to contacting Town Hall at 972-539-9464, Double Oak citizens may reach me at [email protected].

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