How do I verify land behind me is protected/preserve? (Austin: apartment complex, lawyers)

[justtryharder]

We bought our new house 2 1/2 years ago, and were told by the builder at the time that the land behind us is protected and that nothing can be built on it. The land is actually owned by a business, so I am fuzzy on how this can be "protected". We are not from Austin and don't fully understand preserves.

Due to a form letter I received from the city about an expansion that the business is doing, one thing led to another and now I am questioning whether this particular 5 acres really is protected. They are not building on this land for their project, but I cannot find anyone at the city level who can verify for me that it is preserve.

Who do I call at the COA to find out whether this land can be developed or not?

[centralaustinite]

I'd start with the tax rolls, look at the plat and see how the lot is designated, I *think* that the relevant zoning should also be listed.

It is possible that part of the tract is protected (as a watershed easement for example) but not all of it.

[Aquitaine]

There is a very large preserve in SW Austin and over into Hays County behind Avana that is like this. It is privately owned but the owner gets a big tax write off (in the form of not having to pay the full load of property taxes on land that would be worth millions of dollars between its size and location).

I don't know how to verify it, though - perhaps others will.

[ScoPro]

Don't believe anything a developer tells you about the local "green space".

My brother was assured by his builder that the post oak scrubland between his new house and 183 North would remain a greenbelt. That was in 1972.
5 years later another developer built a 200 unit apartment complex right behind bro's yard.

[justtryharder]

Originally Posted by centralaustinite

I'd start with the tax rolls, look at the plat and see how the lot is designated, I *think* that the relevant zoning should also be listed.

I've stared at the plats and called a hydrogeologist with the COA (someone referred me to this person when I was calling around). Hydrogeologist said she doesn't see any "geological formations" on the plat that indicate it is protected. Wouldn't she know? It's like everyone says what they THINK but nobody will confirm.

We found an old pitch deck from 2003 on the internet to some investors of this business... mentions a buffer of permanent preserve. But I really want to verify this with the city.

We live in NW Austin off of 620. I have heard that much of the land between us (Canyon Creek) and Concordia University is protected. I have also heard this particular property (which is between the two Boulder Lanes) was annexed AFTER they started developing part of this tract. Maybe I need to ask someone other than the COA?

[Austin97]

Im familiar with the concordia to canyon creek area. In fact most of concordia is protected too (I used to work at schlumberger).

The canyon creek protected area is bona fide balcones canyonland preserve. That is federally protected land.

Zimmerman is trying to build a road through there, but I think the chances of that are extremely small.

The problem is the protection may be BCP style protection or % coverage protection. Builders have to set aside property as green to be able to build. I would think they would become deed restrictions on the property so you may be able to find out that way.

[justtryharder]

Thanks, Austin97. Would the deed restriction not be on the plat? Is that something I should ask the title company we used? Not sure how to verify deed restrictions on a property....

[centralaustinite]

Originally Posted by justtryharder

Thanks, Austin97. Would the deed restriction not be on the plat? Is that something I should ask the title company we used? Not sure how to verify deed restrictions on a property....

If you go to the Travis County tax office, you can look up the deed restrictions on microfiche! Really. I have done it.

BUT there is no enforcement measure for deed restrictions, the City won't enforce them. Not sure about environmental ones but building restrictions etc on deeds are useless.

Anyway, I would recommend calling a land use specialist or permit specialist. These are not lawyers but former CoA employees who now work helping people make sense of Austin development issues. MUCH cheaper than lawyers and they will usually meet with you and do an informal consult for free. They should be able to look at the documents you have and better interpret them OR let you know where to find the information you are looking for. DM if you want specific recommendations.

[justtryharder]

Wow... a land use specialist? Really?

I did find out the property is located in the Bull Creek Watershed (classified Suburban) and is also part of the BCP. So, you are probably right that a percentage of the property cannot be developed. I guess I want to know if THAT is the part of the property that backs up to my fence. Or maybe that has nothing to do with it.

Just emailed another person with the city so we'll see.

Thanks for the suggestions, though. I may have to go that route if I keep getting stonewalled.

[Austin97]

Originally Posted by justtryharder

Wow... a land use specialist? Really?

I did find out the property is located in the Bull Creek Watershed (classified Suburban) and is also part of the BCP. So, you are probably right that a percentage of the property cannot be developed. I guess I want to know if THAT is the part of the property that backs up to my fence. Or maybe that has nothing to do with it.

Just emailed another person with the city so we'll see.

Thanks for the suggestions, though. I may have to go that route if I keep getting stonewalled.

maybe try calling the BCP they have maps showing what is protected by them. Once it is BCP I would fully expect it to not be developable. Keep in mind they bar virtually all access so you can look at it but you wont be able to hike it.