DeSoto planning commission recommends denying developer’s PD amendment after resident objections and setback concerns

The DeSoto Planning and Zoning Commission on Tuesday recommended that City Council deny an application from Legacy Grove Development (case Z153024) to amend Planned Development (PD) 193, a proposed single-family subdivision. The motion to deny passed on a 5-2 vote after a three-hour public hearing and extended commission questioning.

The application would have revised the PD area previously approved in 2022 and sought deviations that include smaller minimum lot areas for SF-8 lots (proposed 6,500 square feet vs. the ordinance’s 8,000), reduced side-yard setbacks (proposed 5 feet instead of 7), narrower lot widths, front-entry garages for many lots and a sliding scale for minimum dwelling sizes across the subdivision.

Staff presented the case and recommended approval, noting many of the deviations had been in the earlier 2022 ordinance. "Staff recommends that the Planning and Zoning Commission conduct a public hearing and by motion make a recommendation of approval to the city council," Charles Brewer, the city’s director of development services, told commissioners during his presentation.

The developer, John McKenzie of M and A Devco, told the commission the project had evolved after additional drainage analysis and community meetings, and that the changes increased the amount of usable open space. "The open space will increase dramatically to 10.78 acres — almost double the size of open space," McKenzie said.

Residents who spoke at the hearing urged denial or said they remained unconvinced. Denise Valentine, a DeSoto resident who attended developer-led meetings, said the earlier community conversations stopped short of strong support: "I would not say that we ended the last meeting with rousing approval. We kinda ended it with okay." Other speakers raised concerns about property values, the number and placement of alleys, and trash collection given front-entry garages.

Commissioners pressed the developer on technical and policy points. Several members said they were troubled by the proposed reduction in side-yard setbacks. "The main issue I have is the side yard setbacks. The ordinance calls for 14 feet... then we're cutting it down to 5 feet," longtime resident and commissioner Dewberry said, adding his public-safety concerns about closer house-to-house construction.

Commissioners also debated process and timing: commissioners asked about the hydraulic and hydrologic studies the developer’s engineer said would be performed prior to platting to confirm building feasibility in flood-prone areas. The developer and engineer described plans to clean and regrade a chain of existing ponds, convert some detention areas into wet-pond park features and add overflow measures and walkways while meeting state and federal post-construction runoff requirements.

After deliberation the commission voted to recommend denial. The motion to deny was moved by Commissioner Graham and seconded by the vice chair; the recommendation (to deny) will be forwarded to City Council for final action in March. The commission’s formal tally on the motion was 5 in favor of denial, 2 opposed.

The developer indicated the revised PD and requested deviations were intended to preserve the number of buildable lots while addressing drainage constraints discovered during due diligence. Commission and public comment showed the issue remains contentious and will be revisited at City Council.

Votes at a glance

- Z153024 (Legacy Grove Development, amend PD 193): Planning and Zoning Commission recommendation: deny (5–2). Motion by Commissioner Graham; second by Vice Chair Brooks. Case forwarded to City Council for final decision in March.

What happens next

The commission’s recommendation will be forwarded to City Council. If the application generates sufficient written opposition from property owners within the statutorily required notification radius, Council could require a supermajority to approve; staff said notification returns will be tracked through mid-March to determine whether the statutory petition threshold is met.