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Council set public hearing for developer’s request to remove open‑space restriction on Lot 199 (Silver Oaks)
Summary
Staff presented a major change (Case MJ C26‑10) to remove an open‑space restriction on Lot 199 in The Oaks so the HOA can sell the lot to a neighboring property owner; the planning commission voted unanimously to recommend approval and a public hearing was scheduled for Thursday.
Staff presented a request to remove a deeded green‑space restriction on Lot 199 in The Oaks (Silver Oaks neighborhood) so the homeowners’ association can sell the lot to an adjacent property owner. Planning staff said the lot was never developed as green space, that the HOA no longer wishes to maintain it, and that removing the restriction would allow the private sale to proceed without the city entering the title chain.
"This lot was never developed as open space by the developer... The HOA is tired of mowing it, and they are wanting to sell it to the neighbor to the north who is the applicant," planning staff said. The planning commission voted unanimously in favor at its meeting; staff requested a public hearing and to waive the second reading to expedite the private transaction. Council scheduled the public hearing for Thursday and signaled support for moving the item forward for public comment.
Next steps: the matter will be publicly noticed and considered at Thursday’s hearing; if approved by council, the HOA and buyer will complete a private sale and staff will file a revised plat removing the restriction.
