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Council discusses developer’s request to use HOA open space for required buffer; staff warns pipeline easement remains uncontrolled
Summary
Council considered a request to allow a developer to satisfy a required buffer by using adjacent homeowners-association open space. Council members raised concerns that HOA approval would be required and that trees in a pipeline easement cannot be guaranteed.
TOMBALL, Texas — The Tomball City Council spent substantial time April 7 debating whether a developer should be allowed to use adjacent homeowners-association open space as the required buffer between a proposed nonresidential site and nearby residences.
Staff background: Planning staff explained the city’s tree-preservation and buffer requirements, saying the code requires an 18-foot buffer between nonresidential and residential districts and a parallel 15-foot buffer where a pipeline easement prevents planting on the property directly. The staff presentation showed a proposed arrangement in which the developer would rely on the HOA’s…
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