The Tuesday, October 21, 2014 city council agenda has an item on it that proposes changing the zoning of a city owned parcel from R-5 residential to S-D special development.
The backup material shows virtually every city department either recommending the change or at least not opposing it.
Neighborhood opposition
According to the backup material:
“The San Juan Neighborhood Association was opposed to the rezoning request citing concerns over commercial uses close to their existing homes and submitted a petition with 32 signatures from the association members. The petition did not trigger a 211 based on State Code requirements.”
Well I guess if the petition did not force a 211 then the city ought to go right ahead and ignore the neighbors. By the way Texas local government code section 211 gives property owners near a proposed zoning change the right to protest the change. If they meet the requirements of the code city council would have to have 75% of it’s members vote for the change in order for it to take place. Since the petition did not qualify council can do this with a simple majority.
In order to have qualified the petition would have to have included signatures from the owners of 20% of the property area within 200 feet of the land in question. In other words this is not one man one vote, this requirement is based upon a percentage of the area around the land in question.
Wonder why?
Take a look at this graphic:
It’s nice to know that oil refineries have rights too.
It is interesting to note that four of the people who signed the petition gave their address as TxDOT and their phone number as a TxDOT office. Which office? A TxDOT document lists the phone number in a list of district environmental coordinators.
The people promoting the petition probably did not know that the signatures had to be from property owners within 200 feet of the land to be rezoned and that they would need to get about 40% of those owners to sign since about half of the land appears to be owned by commercial interests. Somehow I doubt that our city staff went out of their way to explain this to the San Juan Neighborhood Association.
We deserve better
Brutus

Posted by Brutus
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