Council conditionally approves Hillsdale Phase 2 preliminary plat amid neighborhood objections over Lot 18 access

The Gun Barrel City Council conditionally approved the preliminary plat for Hillsdale Phase 2 — a 5.857‑acre tract proposed to yield 23 single‑family lots and three open‑space lots — with the requirement that listed code items be met or variances be granted during the subsequent site‑plan and final‑plat reviews.

Why it matters: The plat will allow the developer to proceed to engineering and site‑plan stages; neighbors raised legal and access concerns that could affect emergency access, drainage and the developer’s planned secondary entrance. The council’s conditional approval preserves the city’s authority to require code compliance while allowing the development process to continue.

Project description and staff recommendation

City Planner Brittany Lewis told council the tract at 606 East Main Street was annexed into city limits (it defaulted to Agriculture zoning on annexation) and the developer requested rezoning to R‑5 for higher‑density single‑family detached homes. For the preliminary plat, staff reported the submission showed a conceptual layout with a central park, two retention ponds for stormwater, a single internal driveway and a proposed private‑street configuration. Staff recommended conditional approval, noting a list of exceptions and items to be resolved during the site‑plan stage; the staff memo and the city engineer’s review listed specific code sections and engineering details that must be addressed before final plat.

Public comment and legal objections

- David Cheek (nearby property owner) expressed concerns about stormwater drainage, construction duration and potential runoff onto adjacent properties.

- Linda Rigo, representing Northwood Shores residents, and attorney Jeremy Brown (Keating Brown) asked council to deny the plat. Brown said his clients’ objections focus on Lot 18 of Northwood Shores, which his clients contend is restricted to residential use under covenants adopted when Northwood Shores was platted in 1964. Brown said the developer’s proposed secondary access that would use Lot 18 for vehicle passage would violate the subdivision’s restrictions and that the deed-based easement the developer cites (from 1981) does not permit the access the developer proposes; Brown said landowners did not consent to a change in use of Lot 18.

Applicant presentation and city engineering concerns

- Ian Hill (Hillsdale Development Group) described the overall 21‑acre Hillsdale project (16 acres outside city limits already platted into 47 lots and retail parcels; ~6 acres inside city limits for Phase 2) and said the Phase 2 preliminary plat complies with the R‑4/R‑5 lot-size requirements. Hill said the design aims for a “refined rural” aesthetic with reduced impervious surface and native landscaping and noted the developer will submit detailed site‑plan engineering documents later.

- Rob Dakey (civil engineer/land‑use counsel for applicant) asked council to grant a clean approval of the plat now and address engineering exceptions during the site‑plan review, arguing the plat itself does not relinquish city authority over site‑plan issues.

- The city engineer (Mr. Mundo) advised that city ordinances already require many of the engineering and plat submittal items being discussed and that approving a plat that does not meet the city’s plat and engineering criteria without identified variances creates entitlement concerns; staff and the city engineer therefore recommended conditional approval with the exceptions identified in the packet.

Council action

Council moved to approve the preliminary plat provided that the listed code requirements (including sections 155.23 A–F and others identified in the agenda packet) are met or formally varied during the site‑plan process. The motion carried on roll-call. (Tally: yes 5; no 0.)

Next steps and unresolved issues

- If the council’s conditional approval remains, the developer will proceed to prepare a site plan that addresses engineering exceptions (emergency access, stormwater design, street cross sections and other detailed items). The site plan review is the forum where exceptions will be resolved or variances formally requested.

- The Lot 18 access dispute raised by Northwood Shores residents and their attorney was noted by council and staff as a private legal dispute between property owners and the developer; council and staff indicated that because Lot 18 is not part of the preliminary plat, the legal issues over that lot’s use will be addressed outside this plat approval process and can be pursued by the affected parties through appropriate legal channels.

Ending: The preliminary plat approval allows the Hillsdale project to advance to the detailed engineering (site‑plan) phase while preserving the city’s authority to require code compliance and leaving property‑title and easement disputes to be resolved by the parties or by future filings as necessary.