Developer and staff spar over responsibility for connector road as Creek Zone Phase Five gains preliminary approval

The Planning Commission approved a preliminary plan for Creek Zone Phase Five on April 28 after staff insisted on conditions to resolve fire access and to address a previously planned connector road. The applicant, representing House Mountain LLC, revised an initial 101‑lot plan down to about 89 lots and told commissioners it had addressed many staff comments.

Neighbors and commissioners pressed whether the project must complete a long‑discussed Scenic Oaks connector road. The city’s planning staff recounted prior plat expectations that the connector be completed with subsequent phases, and engineering reiterated that secondary emergency access is required for subdivisions of this size. The developer disputed the applicability of a 2007 Road Construction Agreement, arguing it lacks ownership, privity and that a one‑mile arterial extension is disproportionate to an 89‑lot project.

Developer representative Drew Mixson also said he had consulted the fire marshal and was told the project’s existing access in the Creekstone subdivision provided sufficient emergency access; staff said they had not received the fire marshal’s written confirmation in the meeting and that the condition for approved fire access would remain in place unless the city’s fire chief concurred in writing.

The commission approved the preliminary plan with staff conditions including providing approved fire access and addressing the connector/road extension nexus; final construction plans and engineering review will be required before any acceptance of public roadways.