This disclaimer is on the front of City of Austin Neighborhood Planning Guide to Zoning, June 2014. As this was the source I used to create this summary, it's only fair that I pass in on through my derivative work. In addition to the Guide to Zoning, I've used our collective experience (at least what's been shared with me) on the current rezoning effort, my 34 years of living in Lost Creek and working on many similar efforts, and discussions with others more knowledgeable in the field than me. Things that are parenthesis are quotes directly from the guide.
My purpose in writing this is to make you aware of when, where and how you can get involved with this project and help to steer its outcome in a direction you want. The keys are knowledge and action, but action at the right time on the right issues to the right people in the right form.
Cousins Properties is proposing the change the zoning of the Marshall Tract from SF-2 to a PUD so that they can place two office towers (5 and 7 stories) totaling 370,000 square feet, a parking garage, and a senior living center, and/or an Austin fire department firehouse. Cousins would sell part of the land for either/and a senior living center and/or a fire department. Cousins is asking for a GO classification (with numerous modification) as the base zoning for the PUD.
SF-2: Single Family Residence-Standard Lot
“Single Family Residence Standard Lot district is intended for a moderate density single-family
residential use on a lot that is a minimum of 5,750 square feet. An SF-2 district designation may
be applied to a use in an existing single-family neighborhood that has moderate sized lots or to
new development of single-family housing on lots that are 5,750 square feet or more.”
PUD: Planned Unit Development
“Planned Unit Development district is intended for a large or complex single or multi-use
development that is planned as a single contiguous project and that is under unified control. The
purpose of a PUD district designation is to preserve the natural environment, encourage high
quality development and innovative design, and ensure adequate public facilities and services
for development within a PUD. A PUD district designation provides greater design flexibility
by permitting modifications of site development regulations. Development under the site
development regulations applicable to a PUD must be superior to the development that would
occur under conventional zoning and subdivision regulations. A PUD district must include at
least 10 acres of land, unless the property is characterized by special circumstances, including
unique topographic constraints. The Land Use Plan establishing uses and site development regulations must be approved by City Council.”
GO: General Office
“General Office district is the designation for offices and selected commercial uses predominantly
serving community or citywide needs, such as medical or professional offices.”
The general review process is outlined in the graphic below obtained from The Guide. Cousins proposed PUD has an additional step it must go through called a Development Assessment and a notification to City Council of its intent to seek a PUD classification for the property.
| Step | Name | Description | Parties Involved | Outcome |
| 0 | Development Assessment |
Among other things, Cousins must prove in their documentation that the development under the site
development regulations applicable to a PUD must be superior to the development that would occur under conventional zoning and subdivision regulations.
Among other things, staff has to agree that the PUD is justified.
Interested parties can argue that the PUD is unjustified, unnecessary and potentially harmful to the neighborhood and the city.
| Staff | Notice to City Council of intent to create a PUD |
| 1 | Application Submittal | The request for rezoning is prepared by Cousins and submitted for approval. Staff assigns a case number. | Staff | Acceptance of rezoning request |
| 2 | Notice of Filing | Staff sends notices to interested parties and posts notices on the property. Interested parties can send letters (e-mails) to staff and commissioners with approval/disapproval, reasons and requests for involvement of other city departments or outside organizations Staff involves other city departments as necessary Staff assigns date for Commissions' review. | Staff | Notices sent and posted |
| 3 | Staff Recommendation | Staff completes their research and writes their recommendation to the Commissions | Staff | Recommendation |
| 4 | Notice of Public Hearing | Staff sends notice of public hearing to interested parties 11 days prior to the meeting. | Staff | Notices sent and posted |
| 5 | Planning Commission/ Zoning and Plating Commission | Staff makes recommendation to Commissions Interested parties have a chance to speak at hearing | Commissions Staff | Makes a recommendation to City Council |
| 6 | Notice of Public Hearing for City Council | Notice sent to interested parties16 days prior to City Council Meeting Interest parties can write(e-mail) city council of their approval or disapproval of rezoning. Neighbors within 200 feet of affected property can file a petition with city council opposing the rezoning | Staff City Council | Notices sent and posted |
| 7 | City Council Review (3 readings) | Staff makes recommendation Interested parties can speak | City Council Staff | Approves or denies rezoning |
Interested parties are specifically defined in The Guide: “property owners, registered community associations, and utility account holders within 500 feet of a property that is being rezoned”. The Austin Planning and Development Review web page broadens this definition some: “the applicant and his designated agent, as well as property owners, renters and utility account holders, registered neighborhood associations, community groups and environmental interest groups located within 500 feet of the zoning change.” The notice sent adds some additional information: “You may also wish to contact any neighborhood or environmental organizations that have expressed an interest in cases affecting your neighborhood.” I personally would add to this last list other City of Austin departments, state and county departments, and city,state and national organizations you think should review whats being proposed.
You will undoubtedly have noted that this interested party list ignores almost 1,200 homes in Lost Creek with probably over 3,000 residents. The power of this group lies in sheer numbers. The following statement is my opinion: Regardless of whether you belong to the LCNA or not, your individual letters and/or e-mails will carry a lot of weight.
When a case number has been assigned by the city, I will provide that to you. It's important to include this number in any correspondence you have with the city. I have also given you the contact information for the city council and the two important commissions. You can use these e-mails to communicate to the set of council members or commissioners, but it might be more effective to contact them individually, personalizing your comments if possible. To that end, I have provided you with links to the individuals.
The Guide describes a way to challenge a rezoning effort:
“When a property owner requests a zoning change, nearby neighbors are considered to have a stake
in the zoning as well and have the opportunity to challenge the zoning request before City
Council. Doing so requires that City Council approve the zoning change by a super majority, which
is a vote of at least 6 out of 7 council members. Please note that petition rights do not apply to
interim-zoned property.
Steps involved in challenging a zoning request:
A. Work with the property owner or neighborhood to try to reach a compromise, or work through the neighborhood plan process.
B. Send a letter stating opposition to staff, Planning Commission, and City Council.
C. Appear at the public hearings at Planning Commission and City Council.
D. File a zoning petition.
What is a zoning petition?
A petition is one way a person may oppose a proposed rezoning. A petition may be filed (l) by a property owner opposed to a rezoning of his of her own property or (2) by property owners within 200 feet of the proposed change. In order for a petition by nearby property owners to be considered valid, property owners of 20% or more of the land within 200 feet of the proposed rezoning must sign the petition.”
For more information on this challenge process, click here.
This petition can be filed only after the completion of steps 0 through 5, and the matter is about to be sent to city council.
We have never done a formal neighborhood plan. As far as Austin is concerned, the Marshall Tract is in our neighborhood. Going through a formal process involving everyone in the neighborhood might be a powerful tool to affect the outcome of this rezoning process.
Here's a list of the organizations and people that should be contacted during steps 0 through 5:
Planning and Development Review Department
505 Barton Springs Rd.
Austin, TX 78704
Phone: 512-978-4000
For information about the commissions associated with the Planning and Development Review Department (land use commissions), click here.
Planning Commission
To make and amend a master plan, recommend approval or disapproval of proposed zoning changes and control land subdivision within neighborhood planning areas and submit, annually, a list of recommended capital improvements. See Article X of the City Charter and Section 2-1-166 of the City Code for additional duties.
Members
Staff:
Dora Anguiano, Planning and Development Review Department, 512-974-2104
Jerry Rusthoven, Planning and Development Review Department, 512-974-3207
Greg Guernsey, Planning and Development Review Department, 512-974-7668
Meeting information (agenda, time, date) is at this link.
Contact Dora Anguiano, Planning and Development Review - 5th Floor, One Texas Center, 505 Barton Springs Road , (512) 974-2104. Deadline for comments is 4:30 pm, Wednesday the week prior to the Commission meeting. Only 1 copy needed.
Zoning and Platting Commission
Perform duties relating to land use and development, as prescribed by Title 25 (Land Development) of the City Code and other duties as assigned by the council. Section 2-1-188 of the City Code.
Pursuant to ordinances adopted by the Council, exercise control over platting and subdividing land within the corporate limits of the City and extraterritorial jurisdiction of the City to insure the consistency of and such plats or subdivision with the adopted comprehensive plan or element
or portion thereof. Recommend to the Council approval of disapproval of proposed zoning changes;
Members
Staff:
Dora Anguiano, Planning and Development Review Department, 512-974-2104
Jerry Rusthoven, Planning and Development Review Department, 512-974-3207
Greg Guernsey, Planning and Development Review Department, 512-974-7668
Meeting information (agenda, time, date) is at this link.
Contact Dora Anguiano, Planning and Development Review - 5th Floor, One Texas Center, 505 Barton Springs Road , (512) 974-2104. Deadline for comments is 4:30 pm, Wednesday the week prior to the Commission meeting. Only 1 copy needed.
City Council
Physical Address:
301 W. Second St.
Austin, TX 78701
Mailing Address:
P. O. Box 1088
Austin, TX 78767
Phone: 512-974-2250
Fax: 512-974-2337
Members
Speaking at City Council Meetings (from the City Council Web Site)
“Citizens may speak on most agenda items by completing an electronic registration in person on the kiosks located in the lobby of City Hall. Citizens can sign up at the kiosks after 12:00 noon on the Monday prior to the council meeting. You can speak on several items; however, citizens may not speak on briefings, executive sessions or on items where the public hearing has been closed.
Donating Time
You may also donate your time to another speaker if:
- You were present when the speaker began to address council
- You can specify the name of the speaker
A speaker may receive donated time from a maximum of four people present and may speak for a maximum of 15 minutes. The council may limit the number of speakers or the length of testimony in compliance with state law.
Consent Agenda Items
The council may adopt items without a separate vote on each item as the consent agenda. You may register to speak on consent agenda items.
You may speak one time, for up to three minutes on the consent agenda as a whole, regardless of the number of items for which you have signed up to speak.
You may not participate in removing more than three items from the consent agenda during a council meeting.”
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