Help Preserve the Character of Briar Village
The city of Houston has passed new regulations allowing for greater density of development outside the 610 loop, this includes us; Code of Ordinances Section 42-197 of Chapter 42. We will generally refer to this as Chapter 42 activities.
What these new regulations do is allow for the construction of town homes and apartments within subdivisions that do not have the required regulations to restrict them.
These new development regulations will NOT apply in any subdivision with valid deed
• restrict land use to single family residential use;
• prohibit the subdivision of lots;
• set minimum lot sizes; and
• provide building setbacks (either in the deed restrictions themselves or by reference
to a recorded plat showing the building setback lines)
We have reviewed our deed restrictions to confirm they cover these elements and found:
Briar Park Sec I – Meets all 4 requirements. All other sections – No provision for: prohibit the subdivision of lots; set minimum lot sizes;
In Briar Park section I where the deed restrictions do include these provisions, we do not
need to take further action.
In the remainder of the subdivision, basically west of the drainage ditch we will have to take action to protect the neighborhood from this type of construction. This ordinance went into effect May 24, 2015 so ware vulnerable at this time. However, a program was created by the City that allow neighborhoods to gain protections, referred to as Minimum Lot Size Protections and can be viewed by visiting http://www.houstontx.gov/planning/minimumlot-
A Special Minimum Lot Size designation prevents lots from being divided below a certain
size, which in most cases prevents redevelopment of single family residential properties into townhomes. For example, if 5,000 square feet was established as the Special Minimum Lot Size, no lots within that area could be subdivided into lots smaller than 5,000 square feet.
Minimum Lot Size Brochure:
To protect ourselves there is an application process which we have already begun by
meeting with the City Planning and Development Department.
Special Minimum Lot Size Area Application and Instructions:
The next step will be to submit our application, however the application requires that we
show support for this action in the form of a petition signed by at least 10% of the lot
owners in the designated area. So you will soon see petitions circulated.
Once our application is accepted by the City there are many steps which must take place
however, no building permits will be approved by the city during this period. So once our
application is in we are protected throughout the process. These are the steps:
1. We must post signs at entrances to inform people of the action.
2. The city will hold a meeting in our neighborhood to explain the process and
3. The city will send out response forms for residents to agree or disagree with
the action. This is the critical step for us because 55% of the residence must
respond with a “Yes”. Any responses not turned in will be considered a
4. Then it will go before the City Council. There can be protests sent in and
people can go to the council meeting and protest. If the City Council accepts
it we will then be covered.
Please get all the information and ask all the questions that you need to make an informed decision. You can also get more information on them in the City Council newsletter at http://www.houstontx.gov/council/g/newsletters
(see June-July, 2011, p. 2; August-September, 2011, p. 3-7; January-February, 2012, p. 4-5; March-April, 2012, p. 3; January-February, 2013, p. 4; and June 2013, p. 16).
As you can see we have a big job getting all of the responses in to the city and will need
help from as many volunteers as we can get.
Please get involved and let’s protect our neighborhood.