Citizens address PC over subdivision concerns

City hall
City hall

Several citizens came to voice their concerns over a preliminary plat development permit for the 300 to 500 block of Oak Crest Road during the Planning Commission meeting Tuesday.

The concerns of the residents ranged from flooding and drainage issues to construction issues and the current condition of Oak Crest Road, as well as concerns over the potential increase in traffic on that road.

City officials also received letters, photos and videos sent by many of those same citizens regarding the permit between Thursday of the previous week -- when the permit was made public -- and the night of the meeting, according to Senior Planner Ben Rhoads.

The permit is for the proposed Whispering Oaks subdivision, Rhoads said. The planning commission voted 5-0 -- with two commissioners absent -- to approve the permit. The permit will go before the city board July 6.

"The proposal is to divide 20 acres into 58 single family lots," Rhoads said.

This will occur in two phases -- each being at or above 10,000 square feet which fits with the R-1 (Residential Large) zone, which is a larger lot single family zoning, Rhoads said.

Whispering Oaks' site plan is nearly identical to the Royal Oaks addition from 2005. The project was never completed, Rhoads said. When asked why, Rhoads said he did not know.

Another change is a new residential sprinkler system located inside the home, which will go off when a fire is detected, Rhoads said.

Due to the large number of comments received before the meeting, Rhoads had City Engineer Justin Bland address as many as he could. Bland said the city did a traffic study on Oak Crest Road and the results showed approximately 500 cars traveled Oak Crest Road per day.

The study focused primarily on peak traffic hours, Bland said.

Looking at peak hours Bland said the heaviest time was in the afternoon between 4:30 p.m. to 5:30 p.m.

"I think it was like 47 cars in that hour," Bland said. "So that's basically ... just a little under one car per minute, roughly, through there."

Doubling the traffic will lead to approximately 100 cars per hour, Bland said. He estimated maybe a couple of cars per minute. Bland also said Oak Crest Road is on the public works schedule to be improved during fiscal year 2024.

Bland also said when he spoke to the police department there have not been any accidents at the intersection of Dawn Hill Road and Oak Crest Road in several years. Drainage is bad but the infrastructure was inadequate when the Oak Crest Estates subdivision was built in the late 1970s, Bland said.

During the public comment portion several residents spoke about how they felt the construction of the new subdivision would affect them. Mark Miller, who also sent a letter to the city, asked about whether building the houses higher will mean that the runoff from rain storms will come to the subdivision he lives at.

"If you're going to have to build these things up to make sure they don't flood, the water is going to the lowest point," Miller said. "It's going to back up. It's going to come to us."

Miller also said the road at the intersection of Dawn Hill Road and Oak Crest Road is only 18 feet wide which makes it difficult for larger vehicles like SUVs to pass through at the same time and was concerned about how difficult it would be once construction vehicles start passing through the intersection.

He concluded by asking the planning commission to table this issue until they had a chance to study it further.

"We just don't want to be stuck in a swamp with everybody building up around us," Miller said.

Becky Bynum-Avery echoed similar concerns, but said for her the main issue is the number of smaller lots. Bynum-Avery said she plans to put a single house on her land where the developers plan to put 58.

"I'm fine with the subdivision going in there," Bynum-Avery said. "I think it does help with development, but I think it needs to be further thought into bigger lots."

Jim Krein, the owner and developer of the property, said he wants to work with the neighbors and said he wanted to put in the biggest lots possible. He also addressed the concerns of Allen Schemahorn, who did not want to see a lot of trees cut down because they provide a natural barrier.

Krein said as long as the trees are not in a utility area, he is willing to work with them. Krein also said he would not get much value for the land if he were to put duplexes on the lots instead of larger homes.

Ron Homeyer, who is the agent for Krein, said along with multiple culverts, he and Krein are proposing a six-foot deep ditch, which should help keep the back up of water to the neighboring subdivision minimal.

Some of the planning commissioners weighed in on the citizens' concerns. Commissioner Anthony Montgomery asked Homeyer how much the flow of rain water will be lessened with the new ditch. Homeyer said the same flow rate will be discharged from the detention base in the southwest corner.

Commissioner Isaac McKinney asked about Miller's comment about the houses being higher and shedding more water towards his property. Homeyer said the backyards from the new subdivision will drain from the north to the south into the new ditch located in the southwest portion of the property, so the area at the property line will be dropping down to the west from the fence lines.

Commissioner Ted Song asked Bland if there was any chance to improve the intersection because of the potential increase in traffic the construction vehicles will cost. Bland said the road is scheduled to to be worked on in 2024 and said the area has been an issue over the years.

"So basically that intersection is half in the county and half in the city. So that's kind of one of the reasons this has historically been an issue is because it's hard to get everybody on the same page," Bland said.

He recommended that the construction vehicles could go out to the east over to Hico Street which is much flatter. Bland said he is aware of comments regarding Hico Street but said there was not a steep drop off, so he recommended trucks go that direction because Hico Street is a wider road.

Song and Planning Commission Chair JW Smith both told the residents the planning commission works with codes and can't order a developer to alter his designs if the designs comply with the code. Both commissioners recommended the residents address their concerns to the city board of directors who have the final authority.

The planning commission also discussed and voted on the following items:

• Tabling a significant development permit for 22000 Hwy 16. This item will go before the city board on July 6.

• Approving a significant development permit for 3600 S. Lincoln St. This item will go before the city board on July 6.

• Approving a significant development permit for 4290 Hwy 412 E. This item will go before the city board on July 6.

• Hearing an update on Preliminary Plat PP21-02 for Bellevue Estates.

• Receiving the monthly update on the new comprehensive plan.

• Hearing a presentation on an annexation/zoning development permit for the 22100 block of Highway 16. This item will go before the city board for easements on June 15.

• Hearing a presentation on an annexation/zoning permit for 23324 Raines Road. This item will go before the city board for easements on June 15.

• Hearing a presentation on a lot split development permit for 1803 Dawn Hill Road. This item went to the city board on June 1 for easements.

• Hearing a presentation on a lot split development permit for the 21400 block of Davidson Road. This item went before the city board on June 1 for easements.

• Hearing a presentation on a lot line adjustment permit for 2500 and 2690 Hwy 412 E. This item went before the city board on June 1 for easements.