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Commission approves Hobbs Creek buffer variance with mitigation and signage
Summary
The commission approved a variance allowing impervious features to remain within a Zone 1 stream buffer at Hobbs Creek after the applicants agreed to extensive plantings, buffer signage and long‑term maintenance documents; staff said mitigation was sufficient given site circumstances.
The Metro Stormwater Management Commission approved a variance permitting existing impervious features and limited yard maintenance within a Zone 1 stream buffer at Hobbs Creek, conditioned on mitigation measures and documentation placed on plans.
Staff introduced Case 202500008 for properties at Hobbs Creek and said that, given the unusual site configuration and an overdesigned post‑construction stormwater system on the development, mitigation appears sufficient in this particular instance. Van Oldham represented appellants Ray Lucas and David Mott.
A consultant for the property owners described how buyers and an HOA approved back‑yard work that later turned out to encroach on an intended buffer. "Half of their backyard is actually supposed to be a buffer," the consultant said, and presented a mitigation plan including native trees, shrubs and buffer signage. The consultant also said the original stormwater retention on the development was overdesigned and would continue to treat runoff effectively even with the added patios.
Commissioners praised the mitigation approach and education efforts by the HOA, while noting the case’s unusual history. Staff and commissioners required that the maintenance responsibilities and buffer signage be clearly documented on the plans and recorded so future owners understand buffer obligations.
A motion to approve the variance as submitted was made and seconded; commissioners recorded support and the motion carried with no recorded opposition. Staff said the case has prompted internal improvements: maintenance agreements and owner‑facing documents will be made clearer and more accessible to property owners.
The commission asked staff to ensure buffer signage is installed and long‑term maintenance agreements are readable and recorded, and encouraged follow‑up inspections to ensure the replantings and signs remain in place.
