The Florence Planning and Zoning Commission rejected Pulte Group’s preliminary plat for Anthem at Merrill Ranch East development in a 3-2 vote during its March 20 meeting, highlighting ongoing tensions between decades-old development agreements and current community concerns.
Commission Rejects Preliminary Plat After Month-Long Deliberation
The Commission’s decision came after tabling the preliminary plat during their February 20 meeting to gather more information about the proposed 3,137-home development east of Felix Road. Chairman Lonnie Frost and Vice-Chair Kathleen DeRosa voted to approve the preliminary plat with staff conditions, while Commissioners Jeffrey Wooley, Gordon Leaman, and Duane Proulx voted against it.
The preliminary plat would have allowed Pulte Group to move forward with developing approximately 943 acres east of Felix Road as a continuation of the existing Anthem at Merrill Ranch community. This development falls under a Planned Unit Development (PUD) originally approved in 2005 and amended in 2008.
“As much as I hate to do this, I have to second it because it can’t fail,” Vice-Chair DeRosa remarked when seconding the motion to approve the plat, alluding to the legal constraints facing the commission.
Vested Rights Vs. Current Needs: A Legal Conundrum
A central conflict involved the concept of “vested rights” granted to developers through agreements made nearly two decades ago, which now bind current town officials and residents.
During the March meeting, Town Attorney Clifford Mattice repeatedly emphasized the commission’s limited authority due to these existing agreements.
“The purview here tonight is a preliminary plat. It’s very limited in the scope of the commission’s review,” Mattice stated. “I would just caution you not to get into HOA-related issues… because that’s not consistent with the town code or the vested rights that the applicant has in the PUD that’s been approved for many years.”
Chairman Frost acknowledged this reality, noting: “We’ve had a very interesting education on vested rights as a planning and zoning commission. We’ve learned that when the town council 20 years ago made this deal, they gave them legal vested rights, and so in a lot of ways our hands are tied.”
Major Infrastructure Investments Highlighted at March Meeting
During the March 20 meeting, Joshua Robinson from Colliers Engineering emphasized the significant infrastructure investments Pulte plans to make with the development, particularly related to water and wastewater facilities.
Robinson presented comprehensive plans for a water campus and water reclamation facility, noting that “these facilities come with a significant cost—tens of millions of dollars” along with “miles of transmission mains and infrastructure.” He stressed the importance of having enough lots to support these expensive facilities.
Todd Knape from Pulte Homes later elaborated on these plans: “We are embarking on providing some significant infrastructure on behalf of the town of Florence in water and wastewater facilities that we have been crippled by quite honestly on the west side of Felix through the Johnson Utilities and EPCOR challenges.”
Felix Road Improvements Commitment Secured
A significant development at the February meeting was Pulte’s commitment to build out Felix Road’s eastern half entirely during the project’s first phases, rather than phasing the roadway expansion incrementally.
“You have our commitment to our obligation on Felix road which is the East half adjacent to our property. We will build the East half of Felix Road in its entirety in the first phases of the project,” Knape expressed when pressed by commissioners.
Resident Concerns Mount Over Amenities, Roads, and Density
Throughout both meetings, residents and commissioners raised numerous concerns about the proposed development’s impact on the existing community.
Overcrowded Amenities
Many residents cited already overcrowded amenities at the existing Anthem development.
“Our facility is already overcrowded,” said resident Bob Deberry. “I don’t care how many houses they build as long as they don’t get access to our facility.”
“We at Anthem have been told for years that Pulte is reviewing the current amenities,” added resident Kathy Prince. “Yet our residents struggle to get tee times, they struggle to book seats for popular events like trivia, or reserve amenities such as swim lanes and sports courts.”
Mike Ames, a resident for eight years, stated: “There’s only been one direction the development has gone through that time—it’s been down. It’s been going down to get tee times as well as all the amenities… Unless you’re right 30 minutes ahead of signup time, you’re out of luck.”
Road Infrastructure and Safety
Traffic safety on Felix Road emerged as a major concern, with numerous residents and commissioners worried about the impact of additional homes on already congested roads.
Commissioner Wooley noted significant growth in the area during the February meeting, expressing concern about Felix Road becoming “a major thoroughfare because of the county growth.”
Resident Tom Minder called Felix Road “very dangerous” due to heavy truck traffic, questioning “how on earth are these people going to cross that road safely? How are they going to get access to the amenities?”
Pulte’s response, in accordance with the image above, was that they will install traffic signals along the dashed blue and yellow lines. Florence owns the right of way for the traffic signal on Hunt Highway, which will be installed by other parties. The traffic signal on Collector No. 1 inside the development will be determined based on future studies. An underpass is planned at the intersection of the dashed black line and solid yellow line.
Density and Character
Several commissioners expressed concern that the proposed development doesn’t reflect the character of the original Anthem community.
“The density that you guys are proposing east of Felix road is not the density that we all moved to Anthem for,” Commissioner Wooley stated. “We all moved to Anthem because of the open trails and the open space.”
Vice-Chair DeRosa highlighted reductions in lot sizes and setbacks allowed in the 2008 PUD amendment, expressing dismay when she learned that rear yard setbacks had been reduced from 20 feet to 15 feet for the development. “Shame on us,” she remarked.
Pulte’s Vision for Anthem East
According to Todd Knape, VP of Planning & Development at Pulte Homes, the original PUD (Planned Unit Development) from 2008 anticipated around 11,172 total units across the entire area. Currently, the development stands at 8,987 total units, which includes 5,850 units west of Felix Road and the proposed 3,137 units east of Felix Road. This represents about 20% fewer units than originally planned. West of Felix Road, Pulte still has approximately 328 single-family units and over 1,000 active adult units left to sell.
Looking forward, Pulte is projecting that the build-out of the east of Felix Road section will extend to 2040, which is significantly later than their original timeline. Infrastructure work is scheduled to start in 2026, with the first homes anticipated to be available around 2028.
Pulte representatives highlighted several advantages of the proposed development:
- Approximately 340 acres of open space with over four miles of trails
- A unique “paseo” design with no homes having rear-to-rear lot conditions
- Pedestrian connectivity throughout, including an underpass beneath Felix Road
- Development of significant water and wastewater infrastructure for the town
- Improved traffic flow with signals at key intersections
“Del Web’s been building communities of this size, and this is a fantastic community,” Knape stated. “Anthem at Merrill Ranch is a beautiful community. The intent from Pulte homes is to continue that legacy.”
Response to Survey and Amenity Concerns
At the March meeting, Chairman Frost, who mentioned “I too live in that community been there nine years,” emphasized the importance of residents completing a recently distributed survey about amenities.
“Hopefully in the last couple of weeks, I know I got one, hopefully you got one too. I got mine via email—was the survey that’s being put out by the community saying ‘What do we want?'” Frost noted. “If you haven’t responded to it, find a way to respond to it. That’s how you get your thoughts heard because that survey has supposedly gone out to every home in the development.”
He also highlighted that “16 acres that is right south of the soccer fields that’s open dirt—that is for expansion of amenities,” suggesting that additional facilities are possible but require community input.
What Happens Next?
Despite the commission’s rejection, the preliminary plat application will now advance to the Town Council for a final decision. According to Town Attorney Mattice, “The PUD allows the applicant to then take your decision and appeal it to the town council.” For residents concerned about the development, the upcoming council review offers another opportunity to voice their opinions.
As Florence continues to grow, the Anthem East development highlights the long-lasting impact of development agreements and the challenges communities face when reconciling past decisions with current needs. Whether the Town Council will uphold the commission’s decision or approve the preliminary plat remains to be seen, but the continued tension between vested development rights and evolving community concerns will likely persist throughout Florence’s expansion.
