Planning & Zoning Committee | Work Session Summary | Runaway Bay Golf Course

Many residents have questions about zoning, deed restrictions, and what is legally possible regarding the Golf Course. I want to share the Planning & Zoning Commission’s summary of the information presented during their January 6 work session, providing clarity about the legal framework that currently exists.

P&Z Summary

A comprehensive legal and planning review confirms that the Runaway Bay Golf Course is subject to long-standing deed restrictions that significantly limit its ability to be rezoned for non-golf uses.

The property is governed by a 1966 subdivision-wide Declaration of Restrictions that designates the land for recreational and scenic purposes, including golf. These restrictions are legally binding, recorded in Wise County deed records, and reinforced by later amendments and lease assignments.

In addition, the property falls within a Planned Community District (P.C.D.), which centralizes development approval authority and requires comprehensive architectural and site plan approval for any change in use. This structure prevents piecemeal redevelopment and creates substantial procedural barriers to rezoning.

The deeds also contain strong enforcement provisions, including potential reversion of title, injunctive relief, and removal of non-conforming improvements if restrictions are violated. Proceeding without first resolving these restrictions would expose both the property owner and the City to significant legal risk.

Further complicating redevelopment are Charter Member protections established in a 1995 quitclaim deed and lease assignment. These protections limit assessments and fees and materially affect the financial feasibility of repurposing the land.

While Texas law allows municipalities to rezone property, the review concludes that any effort to approve mixed-use or non-golf development would first require multiple prerequisite actions, including formally amending or releasing deed restrictions, resolving Charter Member rights, and re-platting the property. Rezoning without these steps would carry substantial legal exposure.

In summary, the Runaway Bay Golf Course is not a blank-slate redevelopment opportunity. Existing deed restrictions create significant legal and practical barriers that must be resolved before any non-golf rezoning could responsibly be considered.

Conclusion

I believe it’s important residents are given clear, factual information so questions can be evaluated based on what the law allows - not speculation or assumptions. The City remains committed to due process and protecting the long-term interests of Runaway Bay.

Respectfully,

Mayor Herman White

City of Runaway Bay