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Commission recommends rezoning for Whitney Ridge PUD after neighbors protest use of subdivision access and flood concerns
Summary
The commission recommended approval of PUD 21‑23 to City Council but heard sustained opposition from Whitney Ridge residents who said using Southeast 98th Street as access, and building near Hog Creek floodplain, would increase flood risk and traffic; applicant agreed to technical conditions and to work with Public Works.
The Planning Commission voted to recommend approval of PUD 21‑23 (rezoning for a residential subdivision at 9705 South Choctaw Road) to City Council after a contentious public hearing that focused on access and floodplain concerns.
Applicant counsel David Box told the commission the PUD would match the character of neighboring RA zoning by specifying one‑acre minimum lots and limiting the overall number (17 lots specified in the PUD). Box said the subject parcel has a stub connection to Southeast 98th Street that is public and therefore available for lawful access.
Multiple residents from Whitney Ridge spoke in opposition, saying they bought with the expectation 98th Street would remain private or gated and that the proposed access, construction traffic and higher density could worsen flooding that already affects the neighborhood. Joseph Randall told commissioners the neighborhood has experienced historic flood events and noted retention ponds and previous elevation work done by earlier developers. Several residents asked the commission to deny the rezoning or delay action to allow more detailed engineering and drainage studies.
Public Works engineer Barry Lodge told the commission the city does not allow fill or construction within the floodway and recommended that the floodway be contained as a platted common area under HOA maintenance. He said floodplain portions of lots could be covered by easements or common areas to prevent future private fill.
Box and the applicant agreed during debate to many staff‑recommended TEs or to work with staff and engineering on solutions. Box said he would work with staff on floodway/common‑area treatment and septic/wastewater approaches, and he noted the applicant is willing to provide spray‑field easements or lateral lines where soils allow.
Commissioners also debated emergency‑access and lot‑count issues tied to subdivision regulations requiring secondary access above 30 lots; the PUD proposes fewer than that threshold based on frontage configuration and boulevard entry design. At the end of the hearing Commissioner Privet moved to recommend approval to City Council contingent on the technical evaluations; the motion passed.
Next steps: the PUD is recommended to City Council; staff and applicant will finalize prospective TE language and engineering responses before council review.
