Lakeway residents worried about losing view protection ordinance; mayor says it's to limit city's liability

Lakeway residents concerned about ordinance

Some Lakeway residents are concerned about their property values going down if an ordinance regarding lake views is repealed. The mayor says it is to limit the city's liability.

LAKEWAY, Texas - Many Lakeway residents are worried about their property values going down because of possible changes to a view protection ordinance. 

The mayor of Lakeway, who has the minority opinion on City Council, says there needs to be changes to limit the city's liability.

What they're saying:

The City of Lakeway has had a view protection conditional overlay (VPCO) in place since 2011. It's supposed to protect established views from existing homes from unreasonable obstruction by new construction. 

Mayor Tom Kilgore says it's constitutionally vague.

"I don't believe the VPCO as currently done, the way we are protecting views, is lawful," he said.

As an example, he says in Austin, the view of the State Capitol is protected from Congress Avenue.

"That's a public view of a public space. Lake Travis is a public space. The views we're protecting are from inside a homeowner's personal property. That does not meet the standards for lawful ordinance under the state constitution," he said. "My view is if it can't be enforced, it should not be on the books to limit the city's liability going forward."

The Zoning Commission voted 6-1 earlier this month to modify the VPCO instead of repealing it.

Local perspective:

In a City Council meeting on Feb. 17, many residents spoke in public comment, worried that property values will drop and developers will have an easier time moving in if VPCO is repealed. 

Many Lakeway residents bought their homes for the views of the lake. 

"This overlay is not simply aesthetic, I think it is foundational to Lakeway's character and quite frankly our property values," one resident said. "Many homeowners purchased here with the understanding that view protections were in place as part of our regulatory framework. Removing them materially affects those expectations."

"If you repeal the ordinance as it is, I will have no sky view at all. As it is, I have a fifth of sky view from my living room," another resident said. "This does not inspire good relations between neighbors. It changes the entire character of this community when the security and values of our homes is being set aside at our expense... this can only end up being predatory by whoever has the larger purse."

"One of the reasons [my house] has retained both its charm and its value is because of its protected view of Lake Travis. The VPCO 100% applies to us," another resident said. "If this ordinance is repealed without a replacement, development on [a nearby] lot could move forward quickly under base zoning height limits. This would very likely result in our lake view being blocked."

Some residents also complained about the mayor not letting everyone speak at meetings. Kilgore says some people didn't sign up to speak like they were supposed to, and he was trying to manage the meeting.

What's next:

In that council meeting, council decided to form a committee to rework the ordinance.

City staff say the map of where the ordinance applies is inconsistent, and the rules are subjective. How people define a "view" and an "unreasonable obstruction" varies. 

The map will change with the rewritten ordinance.

"It'll have to be very specific like, 'a view of Lake Travis from a city roadway at a certain height that cannot be diminished more than X percent,'" Kilgore said.

The next council meeting in March is when council members will each nominate a citizen to the committee to rework the ordinance. Two council members and two members of the Zoning Commission will advise them.

Dig deeper:

There are still zoning laws in place and a maximum height restriction of 32 feet regardless of the VPCO.

"If it is repealed, no one can come into your neighborhood along the lake and put up a five story condo," Kilgore said.

Kilgore says the changes are to limit the city's liability. For example, someone could take legal action if they spend money designing a home at a certain height, but it impedes a view, and the city tells that person to reduce the height.

"That person is probably going to court to recoup their costs and expenses and in my judgment, a Travis County judge is going to look at the ordinance and say, 'City of Lakeway, you're liable, you're going to pay them,'" Kilgore said.

Kilgore also says he lives in the area affected by the VPCO. 

"I understand the homeowners' concern, and I'm one of those homeowners, but I'm also the guy who has to enforce the ordinance," he said.