Title
Discussion regarding 200-foot public notification boundary for zoning requests.
Body
REQUESTOR:
Councilman Roger Neal
BACKGROUND:
Section 211 “Municipal Zoning Authority” of the Texas Local Government Code (TLGC) outlines notification procedures for requests requiring consideration of the Planning and Zoning Commission (P&Z) or Zoning Board of Adjustment (ZBA). The same requirements are adopted in Article 6 of the Farmers Branch Comprehensive Zoning Ordinance (CZO).
For requests considered by ZBA, written notification is mailed to all owners of property within 200 feet of a site on which a variance is requested. Notification is also published in the Dallas Morning News. Both notifications occur at least 10 days prior to the scheduled ZBA hearing date.
For P&Z, the following measures are taken to notify the public of upcoming zoning requests requiring a public hearing (zoning amendments, text amendments, specific use permits, and certain detailed site plans requiring special exceptions) at least 10 days prior to the meeting:
• Written notification mailed to all owners of property within 200 feet of the site.
• Written notification mailed to Carrollton-Farmers Branch ISD and Dallas ISD.
• Zoning notification signs posted visibly along each street frontage.
• Case descriptions posted online on the City’s “Be Informed” and Planning webpages.
• Notice published in the Dallas Morning News (at least 15 days prior to the associated City Council meeting).
The full meeting agenda and packet, including the staff report, location maps, and site drawings, are published at least 72 hours before each hearing to allow for public review and comment.
DISCUSSION:
Staff is seeking direction from the City Council regarding whether the 200-foot notification boundary should be increased for zoning requests in the Farmers Branch. While larger notification boundaries have the potential to increase public awareness and engagement in the zoning process, the following factors are also important to consider in this determination:
• Alignment with Surrounding Cities: In researching notification requirements in surrounding cities, staff found that most adhere to the 200-foot minimum required by state law (12 of the 16 cities surveyed). Larger cities such as Fort Worth, Dallas, and Garland apply notification boundaries ranging from 200 to 400 feet. The City of Colleyville has the largest radius at 500 feet, due to the larger estate-style lots within the city.
• Protest Boundary: State law outlines procedures for protesting proposed zoning changes. If a written protest is signed by the owners of at least 20 percent of the area within 200 feet of a zoning request, a “supermajority” or three-fourths vote of the City Council is required to approve the request. If the notification boundary is increased beyond 200 feet, mailed notices will need to distinguish between owners who have a legal right to protest under state law, and those who are being notified as a courtesy only. This could lead to potential confusion regarding property owner rights and the public engagement process.
• Budget Considerations: An increase in the number of notices mailed each year results in a related increase in mailing costs and staff time dedicated to printing, assembling, postmarking, and mailing the letters. In the last three years, an average of over 1,000 notification letters have been mailed annually. Larger requests, such as amendments to Planned Development Districts, new zoning overlays, and target area rezonings, can require hundreds of mailed notices, which are all assembled and mailed in-house by staff. An expanded notification radius will significantly increase the number of letters mailed each year, necessitating a budget increase of several thousand dollars and additional part-time staff depending on the notification scope.
• Alternate Notification Opportunities: While mailed notices are an important communication tool, other digital methods can help provide zoning information quickly and transparently to the public. Staff is currently developing an online map that will display upcoming case information in an interactive format, allowing for easy access to zoning information, real-time updates, and enhanced public participation. This map is currently under development and will be available online later this year.
DISTRICT:
Citywide
ATTACHMENT(S):
1. Presentation