The petition
Yesterday, June 21. 2007, the Planning Commission approved a replat of two standard lots into an ‘unrestricted’ reserve for a 14 unit, 4 story condominiums project in the 600 block of Cortlandt at White Oak, a block with lot size protection since 2002. This is a repeat of the same issue that surfaced last fall in Sunset Heights, and represents another clear example of a builder circumventing the intent of the PVLS ordinance. As we learned last year there is nothing in the lot size ordinance to prevent condominium development, because condos are built on one large tract of land that is jointly owned. While technically, and legally, one large tract of land owned by a condo association does not violate the minimum lot size on that block of 6600 square feet, this interpretation clearly does violate the intent of the lot size ordinance. In 2004 the Attorney General for the State of Texas ruled that condominiums are just vertical town homes, yet even this does not seem to impact the City of Houston’s legal department interpretation.
While this has been called a “loophole” in the ordinance, the PVLS ordinance is FUNDAMENTALLY FLAWED because it only indirectly addresses the problem it tries to fix. Although it continues to be "promoted" by the City of Houston as a protective measure to prevent inappropriate neighborhood development such as town homes, the prevailing lot size and building set back line ordinances do not address or regulate land use. To anyone familiar with the terms of articles used to draft Ch. 42 it is clear that forms of ownership that didn’t require a formal subdivision of a lot (such as condominiums) would not be covered or protected against by the PVLS Ordinances. The ordinance also does not cover the issue of replatting residential lots into “unrestricted reserves” which is what was done in Sunset Heights and has now occurred in the Heights. Virtually anything can be built on an unrestricted reserve.
Since Chapter 42 was adopted by City Council, the Planning Department has actively promoted the Prevailing Lot Size Ordinance and Building Line Set Back Ordinance as THE preservation tools to help neighborhoods without deed restrictions protect and preserve the characteristics of their neighborhoods. In fact, just prior to approval yesterday of this inappropriate replat, the Planning Commission approved 3 additional Minimum Lot Size Area and 2 Minimum Building Line applications without any mention to the applicants that these ordinances do not afford them the protection they believe they get.
When this problem occurred in Sunset Heights last fall the White Administration together with City Council Members and the Planning Director assured the neighborhoods that a solution would be developed. Yet so far, nothing has happened. It was clear from the discussions yesterday; while the planning commissioners acknowledge that this replat circumvents the intent of the ordinance they are extremely frustrated and feel that their hands are tied because the administration has not provided the solution as promised. As a result, the planning commissioners unanimously approved requesting the legal department to draft amendments to the lot size ordinance in order to close this ‘loophole”.
Please sign our petition AND write your City Council Members TODAY to ask them to direct the legal department to find an effective solution to address the 'loopholes' in this ordinance as quickly as possible. Additionally Historic Houston asks for your support in requesting a moratorium on development, in areas currently under PVLS protection, until an effective solution is obtaine. Please request that there be a re-examination of the full recommendations that were developed by the Planning Commissions Neighborhood Preservation Subcommittee last year as a possible resource for arriving at a satisfactory solution. Sadly, if a solution is not found quickly, at least two additional replats will attempt to take advantage of this ‘loophole’ and will go before the Planning Commission very shortly.
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