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Planning commission recommends abandoning 20-foot tree-preservation easement at Heath Crossing, conditioned on HOA sign-off
Summary
The Planning and Zoning Commission voted unanimously at its August meeting to recommend that the city council approve a replat to abandon a 20-foot tree preservation nondisturbance easement at Heath Crossing, contingent on written approval from the homeowners association.
At its August meeting, the Planning and Zoning Commission unanimously recommended forwarding a replat request that would abandon a 20-foot tree-preservation nondisturbance easement on a lot in the Heath Crossing subdivision, provided the homeowners association submits written approval.
Planning staff (Gonzales) told the commission the request, filed by surveyor Tony Bates of STD Land Surveying on behalf of homeowner Brian Fisher, would remove the 20-foot nondisturbance zone that runs along common open space adjacent to a Buffalo Creek tributary. Staff said the plat originally approved in 2021 described the easement as intended to protect existing trees, but that the subject lot appears to have no significant trees on the easement itself.
Homeowner Brian Fisher told commissioners he had contacted the HOA as staff had directed and was told the HOA would defer to the city. Fisher said the easement effectively reduced his usable backyard from about 40 feet to 20 feet and that, with three young children, he wanted to extend the backyard and move a retaining wall so the yard would be level and safer. "I have 3 kids, 4 year old, 2 year old, and a 4 month old," Fisher said.
Commissioners and staff discussed technical limits: staff said the nondisturbance zone prevents building a house or a retaining wall inside the easement and warned that grading or backfilling near the easement could affect root systems and protected trees on adjacent lots. Staff also noted that some neighboring properties have a 50-foot easement where the floodplain touches those lots.
Given that the area behind the lot is HOA-owned common space, staff recommended, and commissioners agreed, that any recommendation to the city council be conditioned on receiving written HOA approval allowing abandonment of the 20-foot zone. A commissioner moved to recommend approval with that condition; the motion was seconded and received unanimous support from the commission.
The commission did not make a final decision on the replat; its recommendation will be forwarded to the city council for final action. The meeting adjourned at about 6:45 p.m.
