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Council adopts 30-foot preservation easement for DDC Management plan, approves two other zoning measures
Summary
Council approved modifications to the DDC Management final development plan (adding a 30-foot preservation easement), approved Shanghai Enterprises' rezoning, and repealed a prior zoning approval for SDG Warner Village. Residents asked for tree buffers and protections for an open easement area.
The Clayton City Council adopted changes to a final development plan for DDC Management, LLC that add a 30-foot preservation easement to the northeast corner of the subject property and require that the easement be recorded and preserved in perpetuity except for bona fide hazard removals. The language adopted specifies no mass clearing, modification or change in use within the preservation easement without prior written consent of the city; hazardous trees may be trimmed or removed.
Neighbors who spoke during visitors’ comments said their backyards border the cul-de-sac adjacent to the proposed development and requested a natural barrier. Bill Sider and Joe Sider urged planting trees or otherwise creating vegetation buffers at the end of the cul-de-sac to discourage access between private yards and the new development; the developer representative said he would work with homeowners and intended to plant tree buffers and some pines near the end of the cul-de-sac.
Council first voted to untable Ordinance 0072509 and then voted to adopt a modified version incorporating the 30-foot preservation easement language; recorded roll calls show the motion carried with one No and one Abstention on the adoption vote and earlier procedural votes. The council also approved Ordinance 0072510 to reject the planning commission’s recommendation and approve Shanghai Enterprises’ rezoning to a Planned Development District for property near Westbrook Road and Taywood Road (vote 6–1; Bachman recorded No). Separately, Council repealed Ordinance 00125002 related to SDG Warner Village LLC (Ordinance 0072512) by a recorded 6–1 vote.
Councilmembers and staff repeatedly emphasized that the preservation easement language will be recorded as a final plat/exhibit and that copies must be provided to the City for review prior to recording; staff also noted the easement allows removal of hazardous trees with approval.
Next steps: the developer must produce the final record plat and associated preservation-easement exhibit for city review and recording with the Montgomery County Recorder as required by the adopted ordinance.
