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Commissioners approve nine‑lot Willowmere CUP despite neighbors’ private‑road concerns
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Summary
The commission approved Special Permit 26010 for Willowmere Forest Estates (nine single‑family lots off Old Cheney Road), while neighbors and developers debated whether the new development should contribute to maintenance of an existing private road. The commission said it cannot require private‑road conversion but encouraged negotiations.
The Planning Commission approved Special Permit 26010 to create the Willowmere Forest Estates community unit plan over approximately 6.5 acres at 6400 Old Cheney Road, allowing nine single‑family lots and associated waivers. The vote was 5–0.
Staff described the proposal as a low‑density R‑1 development that retains an existing house and uses internal setback waivers (front yard from 30 to 20 feet; side yard from 10 to 5 feet). Because the site’s most direct access runs through an existing private roadway (Black Forest Drive via Pin Oak Court), commissioners and neighbors spent substantial time discussing the limits of the commission’s authority related to private‑road impacts and maintenance.
Mike Heckert of Civil Design Group (representing CF2 Home Investments Group) said the applicant had used the city’s pre‑application process, designed lots to match neighborhood character, and offered to pay a pro‑rata contribution to the private road’s maintenance over a 10‑year period (with CPI indexing). Developers also offered to pay for final plat work if adjacent owners wanted to adjust property lines to meet full city width.
Opposition centered on private‑road wear and tear. Rob Ott (representing Black Forest interests) asked the commission to require a fair share payment or delay the vote for two weeks to reach an agreement; he said adding nine homes could degrade a road Black Forest neighbors already pay to maintain. Anne Post, attorney for Black Forest Prime LLC, said she was neutral and indicated negotiations were ongoing and expected to conclude soon.
Staff explained the commission cannot require a private roadway be converted to a public street or mandate escrow payments to the HOA as a condition of CUP approval; remedies such as voluntary agreements or later legal mechanisms are possible but are not standard conditions for a CUP. The developer urged the commission to proceed; commissioners approved the CUP, noting neighbors could appeal to City Council and encouraging both sides to continue negotiations. The commission vote was 5–0.
