Minimum Lot size

[trymahjong]

After a huge amount of work, Avondale's  has two Historic districts but after the same amount of work and commitment failed to get minimum lot size protection.

It's a complicated endeavor. Still, recently,  I've had more than one civic association ask for information about Avondale's experience. Apparently the discussion on this issue is increasing.

This was online at Chronicle today.

Advocate: Neighbors against condos have code on their side

By Cindy George

March 28, 2014 | Updated: March 28, 2014 10:38pm

The flier to persuade one northside neighborhood's homeowners to vote for lot-size and building-line protections features a scene from the Heights. The photograph shows a single-story craftsman-style home flanked by two mature trees and surrounded by towering townhouses.

"You can stop this from happening in Lindale Park!" the handout proclaims.

In 1999, changes to Chapter 42 - the city's land planning code - allowed denser development inside Loop 610, but also provided ways for neighborhoods to prevent construction of three-story townhouses, for instance. Last year, the provisions were extended outside the loop to the Harris County line.

One neighborhood protection tool allows property owners to impose minimum lot sizes to prevent subdivisions for apartment towers or condominiums.

Those designations are in force for various sections of near-downtown neighborhoods, including the Heights, Third Ward, Montrose and the Rice Military area off Washington Avenue. Other areas, such as Kashmere Gardens and Lindale Park, are in the application process. This week, the City Council approved eight block applications for building line and minimum lot sizes from Cherryhurst, a neartown neighborhood near the University of St. Thomas.

"We're now seeing interest by some areas that are right outside the Loop," said city planning department spokeswoman Suzy Hartgrove, mentioning parts of Spring Branch that are in Houston proper.

Application get priority in the order that they're filed - the neighborhood for protections or the developer to potentially chop up lots.

In Lindale Park, a pair of retired volunteers are leading the process for the bungalow-filled community of roughly 1,200 residences. The inside-the-loop community, known for its annual Fourth of July parade, is north of downtown and east of Interstate 45.

They became interested in preventing townhouses from invading their neighborhood about 18 months ago when city leaders shared information about how Chapter 42 could protect them from incompatible development.

Protecting her block

"They stood up and said deed restrictions will not protect you and also historical [designation] will not protect you. The only thing that will protect you are Chapter 42 minimum lot size and setbacks," said Kathy Gutierrez.

After checking with her neighbors, she filed a minimum-lot size application last summer to protect her block on Gale Street.

"We're one of the few neighborhoods that have the big streets and still have these big lots and have not been touched by these builders yet," said Gutierrez, who has lived in Lindale Park since 1978.

Gwyn Guidy, who has lived in Lindale Park nearly three decades, is hounded almost daily by developers via mail or telephone calls about selling her property.

"The thing that scares me most is the character and charm of this neighborhood going away," she said. "We're a big-city neighborhood with a real small-town feel. I know that sounds trite, but it's very true. ... You can imagine that with Metro finishing up with the rail how hot we've become."

Working with the city planning department, Lindale Park community leaders decided to follow the lead of Gutierrez's block by filing three area applications to secure minimum lots sizes for streets bordered by 610, Robertson, Cavalcade and Fulton.

Unlike a block that needs consensus from a majority of property owners or less than 51 percent with no protests, applications go through a balloting process that requires 55 percent of property owners to submit affirmative votes. People who don't respond are counted as opposing the plan.

Stable protection

One thing Guidy and Gutierrez were please to learn is that once a complete application is submitted, a community is afforded Chapter 42 protection until a final decision is made.

Lindale Park's Area 1 and Area 2 applications - both with close to 500 homes - are being vetted by the city's legal department. The Area 3 application, submitted in August, is in the 30-day balloting stage. The application for Gutierrez's block on Gale Street was approved by the Houston Planning Commission late last year, but awaits City Council approval.

An easier process

Some neighborhoods have deed restrictions, but they don't always set a building line - also known as a setback - or establish a lot size. Those areas can strengthen their deed restrictions or turn to Chapter 42 - which Hartgrove said is an easier process and can assist where deed restrictions have lapsed.

"If you try to change deed restrictions, you might need 100 percent of the property owners agreeing," she said. "We would encourage areas of town that don't have the relevant deed restrictions and where redevelopment is fast approaching to consider these tools and make their determination in a timely manner."

Hartgrove recommends that neighborhood representatives get started by making an appointment with city planners to discuss their wishes.

"We can help them think about how they want to draw their map and make sure they understand what is needed so that their application is accepted when they are ready to file," the planning department spokeswoman said.

"Not everyone will take advantage of it and there may be places where a more dense housing product makes sense.

"That's OK. At least, this gives the neighborhoods the ability to self determine what their future is."

 

How to protect your block or neighborhood from dense development

In most cases, a minimum lot size designation would prevent redevelopment of single-family lots with townhouses. A minimum building line or setback designation would forestall new structures from being closer to the street than a portion of the existing buildings.

How to get started: Visit bit.ly/Houstonminlotsize for more information about minimum lot size and building line application processes.

Who to contact: Call the Houston Planning Department at 713.837.7701 before beginning the process for your neighborhood. The city planning department will work closely with property owners, civic clubs and homeowners associations.

Application types: There are three kinds. Homeowners can apply for their block - intersection to intersection - for a minimum lot size or building line. There is a third application for communities that wish to set a minimum lot size for an area of 500 lots or less in the same subdivision plat or no more than 400 lots in different plats.

Block applications: Must be approved by a majority of property owners or less than 51 percent without protest. A block designation lasts for 20 years.

Area applications: Must be requested by 10 percent of property owners, but 55 percent of property owners must return affirmative ballots. An area designation lasts for 40 years.

Advice from Lindale Park leaders: Gwyn Guidy and Kathy Gutierrez went to their civic club with a plan and proposed budget, received the go-ahead from community leaders, then launched a campaign with signs, mailings, door hangers and newsletter articles to build awareness and educate their neighbors about the process. "If you have any kind of active civic association, they're the ones to approach first," said Guidy, who also recommends that neighborhoods draft block captains so that there is a leader on every section of every street. She added that Lindale Park has created a CD tutorial that explains the process from the neighborhood leader perspective.

 

[plumber2]

Awesome, I hope more neighborhoods like Lindale work towards protecting themselves from the townhouse blight. You let these guys build these homes in one block, they will soon spread to the others. They leave no room for parking. Tomehome owners and their visitors will start parking in front of their neighbors house because none is available in front of their own property. It's not fair to the original home owners. Eventually the original homeowners get blocked in on either side, the sun get's blocked out and the owner's have no recourse but to sell out themselves. It's like a cancer.