Posted Mar 14, 2023, 4:21 AM
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Registered User
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Join Date: Sep 2009
Location: Austin -> San Antonio -> Columbia -> San Antonio -> Chicago -> Austin -> Denver
Posts: 5,301
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Originally Posted by KevinFromTexas
I believe the threshold for notification of zoning changes is 500 feet. I don't know that it's the case with every area and property, but we got a notice earlier this year about a vacant lot at the end of the street being rezoned, and it's considerably farther away than 200 feet. So I do think everyone within 500 feet of this would be notified by mail and are allowed to attend meetings and even speak/give objections to. Still, though, the closest single family home to this is 820 feet away. The apartment complexes around there are closer, but they aren't owners and so likely don't have as much say.
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https://www.austintexas.gov/page/und...zoning-process
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Public notice is mailed to the applicant, owners of property located within 500 feet, utility customers within 500 feet, and registered environmental or neighborhood organizations within 500 feet within 14 days of the filing of an application. A zoning sign is posted on site.
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Public notice is mailed to the applicant, owners of the property located within 500 feet, and registered environmental and neighborhood organizations within 500 feet no later than 11 days before the date of the public hearing.
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Notice published in a newspaper and mailed to the applicant, owners of property located within 500 feet, utility customers within 500 feet, and registered environmental and neighborhood organizations within 500 feet no later than 16 days before the date of the public hearing before Council.
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You may download a printable zoning/rezoning application process reference guide using the button below.
You may then submit a public comment on current zoning/rezoning cases using the City's Zoning/Rezoning Comment Form—also linked below.
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https://www.austintexas.gov/sites/de...g_Petition.pdf
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A petition should be dated and addressed to the City Council. In order to be legally binding, the first paragraph should read as follows:
We, the undersigned owners of property affected by the requested zoning change described in the referenced file, do hereby protest against any change of the Land Development Code which would zone the property to any classification other than _____________________.
After this initial statement, briefly state the reasons for the protest.
This statement should be followed by the signatures of the protesters and their addresses. If a protester signs for other than the owner of record, a Power of Attorney should accompany the petition. Signatures should be in black ink to facilitate reproduction. A sample petition is attached.
Property owner information is obtained from the Travis County Appraisal District.
If there has been a recent sale of the property, the current owners may not be shown. A copy of the deed or closing statement must be furnished with the petition to establish ownership.
Please furnish the name and phone number of a contact person in case there are questions about the petition.
File number and zoning information may be obtained from the Planning and Zoning Department, 505 Barton Springs Road, Fifth Floor. It is also suggested that a numeric printout of the property owners and a copy of that portion of the tax plat showing 200 feet around the area proposed for rezoning be obtained.
A parcel number for each property within a 200-foot radius must be determined.
This may be done as follows:
The first five digits of the parcel number are the tax plat number.
The next two digits are the block number. This is the large underlined number
shown on each block.
The last two digits are the lot number. This is the small underlined number on each lot.
This nine digit number is called a parcel number and corresponds to those numbers shown on the property owner printout. A sample map with the appropriate numbers circled is attached for your information.
A brief description of the process for determining the validity of a petition is as follows:
Figure square footage of area within 200-foot radius of property being rezoned, excluding property being considered.
Figure each petitioner’s area. These areas should include one-half of right-of-way adjacent to the petitioner’s property.
Figure percentage:
(Total of petitioners’ area / Total area within 200’ radius)
Condominium projects may protest the rezoning if the petition is signed by the appropriate officer of the governing body of the condominium. An individual condominium owner shall not be included when calculating the petition unless the documents governing the condominium clearly establish the right of an individual owner to act with respect to his or her respective undivided interest in the common elements of the condominium.
The petition should be furnished to the Planning and Zoning Department as early as possible prior to the Council hearing so the validity may be determined prior to the hearing.
If you need additional information or assistance concerning the above procedures, please contact the Planning and Zoning Department, 505 Barton Springs Road, Fifth Floor, 512-974-3583.
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At the City Council hearing you may again protest the zoning change following the same procedures as for the Zoning and Platting Commission/Planning Commission.
You may also submit a written petition against the zoning. Only a simple majority of the Council is required to grant the zoning unless a valid written petition has been submitted. A valid petition requires a three-fourths vote of Council. This usually consists of nine votes; however, if a Council Member must recuse, it could require fewer votes to obtain a three-fourths majority. An absence or abstention does not reduce the number of votes required.
Sec. 25-2-284 of the Land Development Code, states that:
(A) The affirmative vote of three-fourths of the members of council is required to approve a proposed rezoning if:
1) the Land Use Commission recommends denial of an application to rezone property to a planned unit development; or
2) the proposed rezoning is protested in writing by the owners of not less than 20 percent of the area of land:
(a) included in the proposed change; or
(b) Immediately adjoining the area included in the proposed rezoning and extending 200 from the area
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I am surprised that Austin has not yet corrected what has become a common oversight: properties outside of city limits are included if they are within 200 feet. Of course, with Texas’s ETJ laws, that is somewhat of a moot point. Denver is currently trying to limit their petitions to only properties within city limits, and it is on the muni ballot this year for voters to decide.
Although there are no property owners likely to be opposed within the 500 feet public notice radius, and even fewer within the 200 foot petition radius, this does not mean that property owners outside of those radii will not voice their opposition via public comment and council session. The ANCs are keen observers and are likely to get the word out on this project regardless. Many of their leadership read the same blogs we do, but not as cheerleaders and rather as informed opponents. This is going to be a tough fight to the finish line, and I am excited for it.
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