Resolution on the Austin Housing Finance Corporation Agenda

[Joi Harden]

Mayor Pro Tem Tovo wants to provide below the resolution she is sponsoring. The draft resolution is on the Austin Housing Finance Corporation agenda for the Board meeting scheduled on June 23, 2016. The co-sponsors are: Council Member Houston, Council Member Renteria and Council Member Pool. Please see below:

WHEREAS, zoning is the division of land within a jurisdiction into separate districts within which uses are permitted, prohibited, or permitted with conditions; and
WHEREAS, the Council has the right and responsibility to exercises discretion in considering rezoning requests; and
WHEREAS, state law allows nearby property owners to present a valid petition to protest a proposed change to a regulation or boundary; and
WHEREAS, valid petitions require a proposed change to receive an affirmative vote of at least three-fourths of all members of the governing body; and
WHEREAS, in this way state law has established a process whereby property owners most impacted by a proposed change can have a strong voice in protecting their material and other interests; and
WHEREAS, the protest must be written and signed by the owners of at least 20 percent of either: (1) the area of the lots or land covered by the proposed change; or (2) the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area; and
WHEREAS, Austin has implemented community land trusts as a method of helping individuals become homeowners and continue to live in neighborhoods where land values are escalating; and
WHEREAS, community land trusts allow a potential buyer to purchase a home and lease the land; and
WHEREAS, homeowners on land within a community land trust do not own the real property and therefore cannot meet the State Law requirement for a valid petition; and
WHEREAS, proposed land use changes can affect a homeowner within a community land trust just as dramatically as those homeowners who own the land under their structures;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN:
The General Manager is directed to establish an administrative process so that homeowners within a community land trust owned and operated by the Austin Housing Finance Corporation may express their written position in a particular zoning case to the General Manager or the General Manager’s designee;
Be It Further Resolved:
The General Manager or the General Manager’s designee is directed to sign a zoning protest, as described under Texas Local Government Code Section 211.006(d), and to submit that protest to the director of the Planning and Zoning Department, if homeowners within the community land trust express their written opposition to a particular zoning case and the lots or land on which those persons’ homes are located meet either of the required percentages described in Texas Local Government Code Section 211.006(d)(1) or 211.006(d)(2).