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Council approves reduced side-yard setbacks for five lots in Hidden Creek Phase 3 after public comment

5957005 · February 11, 2025
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Summary

Council approved four related planned-development amendments reducing side-yard setbacks from 25 to 15 feet on specific lots in Hidden Creek Phase 3. Staff and the Planning & Zoning Commission recommended approval; one adjacent homeowner submitted written opposition and council requested follow-up outreach.

The Red Oak City Council approved multiple planned-development amendments that reduce minimum side-yard setbacks on five specified lots in Hidden Creek Phase 3, a single-family ranchette subdivision north of Avilla Road.

Planning staff told the council the base RAE zoning requires 25-foot side-yard setbacks. Developers requested reductions to 15 feet for specific irregular lots so homebuilders could deliver wider single-story floor plans without building two-story homes. Staff and the Planning & Zoning Commission recommended approval of the individual PD amendments because each lot’s configuration and the proposed home footprints limit other practical layouts.

Council opened a consolidated public hearing for the four or five ordinances affecting lots at the end of the subdivision and heard from nearby residents. Michael Lassiter (315 Whispering Way) said neighbors had received mailed notice but requested clearer, earlier communication about the potential impact to privacy. One homeowner — who submitted a written letter of opposition regarding 312 Whispering Way — objected to reduced setbacks on grounds that they had bought their lot with a 25-foot setback expectation and cited concerns about lack of a functioning HOA to enforce private covenants.

Developer Dwayne Bridal explained the request was driven by buyer preferences for single-story homes with wider footprints and said the proposed plans place the reduced setback on only one side of most lots; in some cases the facing lot retains a larger offset to preserve privacy. Staff noted one lot’s reduced side setback bordered a retention pond or had a 30-foot offset to adjacent homes, minimizing direct privacy impacts in most situations.

Council discussion focused on whether the applicant should seek variances or PD amendments and whether additional homeowner outreach was warranted for the lots at the end of the cul-de-sac. Staff advised that the PD route is appropriate because the lots are not contiguous and each requires an individualized PD amendment.

Action: Council approved ordinances 25-008, 25-009 and 25-010 together and later approved 25-007 after clarifying that the written opposition would be addressed through direct outreach; a motion to approve was carried by the council without recorded negative votes for those items. Staff committed to follow up with affected homeowners to explain how the approved setbacks would apply to specific plans and how septic locations and other site constraints are addressed.

What’s next: The developer may proceed with building-permit submittals for the identified lots; staff will meet with affected residents to explain the approved changes and any construction timelines.