The owner of a property in the Northwest Austin subdivision known as The Forest is in the process of trying to rezone their land, but local residents are expressing strong dissent.
During the Zoning and Platting Commission meeting held on August 19, the proposal to change the zoning for 11700 Flower Scent Court from single-family residential (SF-1) to small-lot single-family residential (SF-2) was presented.
City staff supported this rezoning, suggesting that the change was justified due to similar zoning patterns in the area.
Sherri Sirwaitis, a city planner for the developing northwest region, explained that the property owner, identified as Peijie Li, sought the rezoning as a means to avoid the restrictions of the HOME initiative.
This program allows Austin residents to construct additional dwelling units, but Li intends to build two similarly-sized homes on lots around 8,000 square feet instead of the three smaller units permitted under the current zoning.
Despite the owner’s proposal, Li did not attend the Zoning and Platting Commission meeting to advocate for the rezoning, while several neighbors voiced their concerns.
Satwinder Kahlon, who owns a property directly behind the one in question, referred to the rezoning request as “ridiculous” and expressed worries regarding the environmental impact and potential increase in traffic congestion.
“I’m a marathon runner, Austin Marathon, 20 of them. I’ve trained on that street. I don’t want additional cars coming in front of me or behind me,” Kahlon articulated.
Carl Swanson, president of The Forest’s homeowners association, raised objections in a letter submitted to the city, asserting that any new construction would breach a deed restriction tied to the HOA.
Swanson outlined that the HOA would pursue enforcement of these terms should the owner move forward with the development.
In Austin, deed restrictions are legally bindings, granted they are applicable to the property and have not been voided or dissolved.
While the city does not enforce these restrictions, they also do not negate them, creating a complex landscape for property owners seeking to exercise their development rights without risking litigation.
The homeowners’ concerns did not stop with Kahlon and Swanson. Over six other residents submitted letters and comments articulating their opposition. Many shared similar apprehensions about the potential for increased stormwater drainage issues, intensified traffic, and negative impacts on property values.
During the meeting, Commissioner Christian Tschoepe made a motion to recommend the rezoning to the city council, which Commissioner Lonny Stern seconded.
The motion ultimately passed with a 7-1 vote, despite Vice Chair Betsy Greenberg voting against it.
Commissioner David Fouts added his thoughts concerning the residents’ concerns, stating, “Really, I don’t think the things that (the neighbors) are worried about are plausibly going to happen with the addition of one or even two units. It would just be another home similar in size to the one that’s already there.”
image source from：austinmonitor
