City Planning 101 For Homeowners

Not that Houstonians are opposed to upgrading and revitalizing property, but when their quality of life (not to mention their home value) is threatened, they realize the negative side of development. So you look to city government to protect your neighborhood, right? Every day citizens new to the process are surprised to find that they have little or no input on what happens in their neighborhood. Protecting your block in a non-deed restricted neighborhood these days is like playing the slot machine, where the odds always favor the casino.

It's like this.You live in an older neighborhood which does not have deed restrictions. You and your neighbors live in well-kept one story brick homes and cottages on large tree lined lots. Your neighborhood is comfortable, friendly and peaceful. Then one day you find out that a house near the end of the street, that has been vacant since the resident died, has been sold. You and your neighbors are not sure who bought it, but in a few weeks a demolition crew arrives to tear down the house. Then a sign appears that says this lot will be the site of six new three story townhomes. Since your block has gone through the arduous process of petitioning for a minimum lot size under a law passed to give residents such as yourself a tool to protect their neighborhoods, you are certain

the developer can do no such thing. The developer finds out about that little lot size obstacle and a new sign goes up. Oops, we meant "condominiums." Same development name, same picture, new wording. Gotcha.

Or maybe you bought your home years ago on a dead end street because it was quiet and had little traffic. You and your neighbors find out a week before construction is set to begin that your dead end is to be opened up to through traffic by a developer. You know that if the street is opened the steady flow of trucks and cars will assure that not only your street, but all of that part of the neighborhood, will never be the same again. You can't believe the neighborhood was not given any input on these changes, or even notified of the plan. So what happened? You are told that because of some obscure wording in state law, the city wasn't "required" to notify the neighborhood. Another gotcha.

Here is basically how Houston's planning process works:

1.The developer submits a plat or replat to the Planning Department to show how the land will be divided, and what the plans are for the project.

2.The planning department reviews the plat application for compliance with city codes and recommends approval, or deferral for further review

3.If approved, the plat will be added to the agenda for the Planning Commission's approval. The Planning Commission is a 26-member appointed board that meets every two weeks to approve plats and variances. The city's interpretation of state law is that the Commission is required to approve all plats and replats that comply with the codes in Chapter 42 of the city code, which deals with land development.

4.So on the meeting day, the Commission will automatically approve all plats and replats that, according to the Planning Department, meet the codes. No public hearing or neighborhood input is required. Residents can speak for one minute before the Commission about the plat, but the catch is that neither they nor the Commission can do anything to prevent its approval.

5.If the developer is also requesting a "variance" of some sort (a deviation from city requirements), such as in lot size or building setback line, a public hearing will be required. A sign is posted on the property announcing the variance request. A resident opposing a variance is allowed to speak before the Commission for three minutes, but if the Commission buys the developer's justification for the variance it will be approved.

So a plat and variance for a development are quickly approved. Then after the developer complies with design standards and receives permits, construction will begin. You and your neighbors are shuffled through city planning. Everyone is sorry it happened to you, but that's the process.

Can this process be changed to be more responsive to homeowners? The Planning Commission is authorized by City Council, which can write and change ordinances. So the question arises as to why ordinances can't be written that prevent many of the multi-family complexes from being built in neighborhoods on small single family residential lots.

(Near Northwest Banner, December 4, 2006)