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Referral of Amendment to Chapter 14, Sec. 13.20(e)(3)(B)(ii–iii) – Zoning Protest Procedures

Paul Roberts

City Council Member
BOA Member
Colleagues,

Attorney General Opinion No. KP-0498 (Aug. 29, 2025) clarifies that under Texas Local Government Code §211.006(d), property owners within 200 feet of a proposed zoning change may file a valid protest regardless of city-limits or municipal tax-roll status.

The City’s current ordinance, Chapter 14, Section 13.20(e)(3)(B)(ii–iii), limits protest rights and land area calculations to properties “within the municipal limits of the City of Lago Vista,” which is inconsistent with the AG opinion. A redline amendment has been prepared striking that language so our code aligns with state law and our zoning actions remain legally defensible.

Because amendments to Chapter 14 require a P&Z recommendation, I am placing an item on our October 2 Council agenda to refer the proposed amendment (Sec. 13.20(e)(3)(B)(ii–iii)) to P&Z for review and recommendation. Council Member Rob Durbin is my second for placing this referral on the agenda.
 

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