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Commission recommends removing HOA amenity-lot requirement for 300 Haley Drive
Summary
The commission voted to recommend approval of ZDC1782025, an amendment to Ordinance 3121 removing a required HOA amenity lot for a seven-lot planned development at 300 Haley Drive; staff reported three letters of support and one opposition and a neighbor described purchasing the property after a tax-related sale and maintaining the parcel as private yard.
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The Waxahachie Planning and Zoning Commission recommended approval of an amendment to Ordinance 3121 to eliminate a required HOA amenity lot for a seven-lot planned development at 300 Haley Drive.
Staff member Caleb summarized ZDC1782025, explaining the 2019 ordinance (No. 3121) had dedicated an HOA amenity lot intended for features such as gazebos and a fountain, but the planned amenities were never built and limited improvements that once existed were later removed. “The applicant is proposing to eliminate the designated HOA amenity lot within this plan development,” Caleb said, and noted staff mailed 22 notices to property owners within 200 feet and had received three letters of support and one letter of opposition.
A nearby homeowner, Kelly Delabai, told the commission she and her husband bought their house after finding the lot listed for tax auction and paying back taxes to obtain the deed. Delabai said the amenity parcel had been fenced and maintained by neighboring owners and that no HOA was ever formed. “They had never paid the back taxes, and they gave me the option to pay the back taxes and provide me with the deed,” Delabai said, describing how she acquired the property and the confusion over boundaries and previous surveys.
Commissioners asked clarifying questions about prior ownership and title work; staff and speakers responded that the sale had been a private transaction in lieu of a tax sale and that title work had not been completed at that time. A commissioner moved to recommend approval of ZDC1782025, subject to the staff conditions; Commissioner Simpson seconded and the motion carried.
The recommendation removes the previously required amenity lot designation to align the legal description with how the parcel has been used and maintained; staff noted conditions of approval that the applicant must meet before final replat and any future development.
