February 5th Letter to HOA from President regarding the City of Austin's Land Development Code
Information on Impending BV/S Neighborhood Zoning Changes
Your HOA Board of Directors has received questions about the potential impact on our subdivision of the proposed Austin Land Development Code (LDC) Revisions, also referred to as CodeNext. Among the current proposed revisions, the properties in our subdivision would change from the current single family SF1 zone to R2A which would allow residences for 2 families per lot in duplexes or accessory dwelling units. The deed restrictions for nearly all of our subdivisions’ properties limit the properties to single-family/one dwelling per lot; only 8 properties in BV/S Sections 8A and 11 do not have this provision and are governed by the Austin LDC. See our website for information about our deed restrictions at http://www.bvshoa.com> ACC > Deed Restrictions.
Our City Council passed the Austin Land Development Code (LDC) Revisions proposal following the first reading in December 2019. The second reading is scheduled for February 11-13,2020. You can read more information from the City of Austin about the most updated proposal and see the timeline at http://www.austintexas.gov/ldc. Many of your questions may be answered at the following link http://www.austintexas.gov/ldc/faqs. The public can attend the work sessions and special meetings; they just can’t speak. You can also watch them LIVE or view recordings of the meetings.https://austintexas.gov/page/watch-atxn-live.
Council meetings for the 2nd reading of the LDC Revision are scheduled but the Council has not set the times for citizens to speak. When the times for citizens to speak are announced the times will appear on the"Message Board" at https://austincouncilforum.org/. The times to sign-up to speak will also be announced. We are encouraged to contact the Office of the City Clerk with any questions. (512) 974-2210 or email at city.clerk@austintexas.gov.
Tues Feb 11 begins at 10:30 AM
Wed Feb 12 begins at 3 PM, recesses at 5 PM, then reconvenes at 7:30 PM
Thurs Feb 13 begins at 9 AM recesses at noon and reconvenes at 2:30 PM
The HOA Board met with Jimmy Flannigan, our District 6 Representative, on January 25, and he said that the zoning codes will be changed for all properties throughout the city. We learned that there is a R1 zoning code which is most similar to our current SF1, which our neighborhood currently is designated, but the City Council has chosen to rezone us to R2A. Mr. Flannigan voted in favor of the zoning changes following the first reading in December and is not planning on changing his vote. The Council is not accepting any protests or petitions, however, you can still express your thoughts by attending a Planning Commission Public Hearing and City Council meeting, and contacting Councilman Flannigan at District6@austintexas.gov and cc his Policy Advisor, Nathan Jones at Nathan.Jones@austintexas.gov.
The HOA’s attorney has confirmed that “Texas law will not allow any zoning changes enacted by the City to override the deed restrictions that govern use and development of property within the Subdivision, including restrictions limiting property to single-family use and one dwelling unit per lot.” If you would like to read the attorney’s opinion in its entirety, email mail.bvshoa@gmail.com to receive a copy electronically. Your HOA & ACC will continue to take the lead role in achieving compliance with all the deed restrictions, including single-family use. However, property owner involvement is required if legal action is necessary for deed restriction enforcement.
We encourage you to stay abreast of the current events within our city and neighborhood. It is imperative we all stay involved and active in our city government. You will be receiving an HOA membership form with this note next week in the mail; your membership status will be shown on the address label. The notes from the meeting with Councilman Flannigan will be emailed to all the neighbors for whom we have an email address, as well as posted to our BV/S neighborhood email group on Groups.io.com.
Sincerely,
BV/S Board of Directors
The Balcones Village/Spicewood Homeowners Association (BV/S HOA)
Your HOA Board of Directors has received questions about the potential impact on our subdivision of the proposed Austin Land Development Code (LDC) Revisions, also referred to as CodeNext. Among the current proposed revisions, the properties in our subdivision would change from the current single family SF1 zone to R2A which would allow residences for 2 families per lot in duplexes or accessory dwelling units. The deed restrictions for nearly all of our subdivisions’ properties limit the properties to single-family/one dwelling per lot; only 8 properties in BV/S Sections 8A and 11 do not have this provision and are governed by the Austin LDC. See our website for information about our deed restrictions at http://www.bvshoa.com> ACC > Deed Restrictions.
Our City Council passed the Austin Land Development Code (LDC) Revisions proposal following the first reading in December 2019. The second reading is scheduled for February 11-13,2020. You can read more information from the City of Austin about the most updated proposal and see the timeline at http://www.austintexas.gov/ldc. Many of your questions may be answered at the following link http://www.austintexas.gov/ldc/faqs. The public can attend the work sessions and special meetings; they just can’t speak. You can also watch them LIVE or view recordings of the meetings.https://austintexas.gov/page/watch-atxn-live.
Council meetings for the 2nd reading of the LDC Revision are scheduled but the Council has not set the times for citizens to speak. When the times for citizens to speak are announced the times will appear on the"Message Board" at https://austincouncilforum.org/. The times to sign-up to speak will also be announced. We are encouraged to contact the Office of the City Clerk with any questions. (512) 974-2210 or email at city.clerk@austintexas.gov.
Tues Feb 11 begins at 10:30 AM
Wed Feb 12 begins at 3 PM, recesses at 5 PM, then reconvenes at 7:30 PM
Thurs Feb 13 begins at 9 AM recesses at noon and reconvenes at 2:30 PM
The HOA Board met with Jimmy Flannigan, our District 6 Representative, on January 25, and he said that the zoning codes will be changed for all properties throughout the city. We learned that there is a R1 zoning code which is most similar to our current SF1, which our neighborhood currently is designated, but the City Council has chosen to rezone us to R2A. Mr. Flannigan voted in favor of the zoning changes following the first reading in December and is not planning on changing his vote. The Council is not accepting any protests or petitions, however, you can still express your thoughts by attending a Planning Commission Public Hearing and City Council meeting, and contacting Councilman Flannigan at District6@austintexas.gov and cc his Policy Advisor, Nathan Jones at Nathan.Jones@austintexas.gov.
The HOA’s attorney has confirmed that “Texas law will not allow any zoning changes enacted by the City to override the deed restrictions that govern use and development of property within the Subdivision, including restrictions limiting property to single-family use and one dwelling unit per lot.” If you would like to read the attorney’s opinion in its entirety, email mail.bvshoa@gmail.com to receive a copy electronically. Your HOA & ACC will continue to take the lead role in achieving compliance with all the deed restrictions, including single-family use. However, property owner involvement is required if legal action is necessary for deed restriction enforcement.
We encourage you to stay abreast of the current events within our city and neighborhood. It is imperative we all stay involved and active in our city government. You will be receiving an HOA membership form with this note next week in the mail; your membership status will be shown on the address label. The notes from the meeting with Councilman Flannigan will be emailed to all the neighbors for whom we have an email address, as well as posted to our BV/S neighborhood email group on Groups.io.com.
Sincerely,
BV/S Board of Directors
The Balcones Village/Spicewood Homeowners Association (BV/S HOA)
