Westworth Is Watching
 

How to protest the Kite Farm rezoning

Texas law gives landowners near a rezoning real, binding leverage. With the Kite Farm application filed and hearings set for November 3 and November 10, here is exactly how to use it. Every step below is confirmed in writing by the city or quoted from the statute.

The two dates

FACT: The Planning & Zoning Commission public hearing on the Kite Farm rezoning is Tuesday, November 3, 2026 at 6:00 PM. The City Council hearing is Tuesday, November 10, 2026 at 7:00 PM. Both at the Municipal Complex, 311 Burton Hill Road. Source: written answers from the City Administrator, October 6, 2026. (As of October 11 the city’s online calendar does not yet list either meeting; agendas will be linked here once posted.)

What a protest does

FACT: Under Texas Local Government Code § 211.0061, if the owners of at least 20 percent of the land within 200 feet of the property proposed for rezoning sign written protests, the rezoning can only pass with a three-fourths supermajority of the full city council instead of a simple majority. Rights-of-way count in the 200-foot area. This is not a petition the council may ignore; it is a vote threshold the law imposes.

FACT: One open question, stated plainly: 2023 legislation (HB 24) sets a higher 60 percent protest threshold for certain residential-development changes under § 211.0061(b)(3). Whether a continuing-care retirement community with assisted living and a public restaurant falls inside or outside that provision is a classification question the city has not answered. The question has been put to the city in writing; the answer will be posted here. File your protest either way. The protest is identical; only the threshold it triggers is in question.

The city’s confirmed procedure

FACT: The city confirmed the mechanics in writing on October 6, 2026:

OPINION: Do not wait for the deadline. The city’s “up to the close of the council hearing” answer is more generous than the statute requires, and it is the city’s position, not a court’s. File before November 3 and your protest is also read into the P&Z record, where the first vote happens.

How to file, in four steps

FACT: 1. Check whether you’re in the 200-foot area. If you own property near the Kite Farm tract on White Settlement Road, you likely are; the area includes 47 addresses. Not sure? Use the email updates form and we’ll help you check against the appraisal district records.

FACT: 2. Print and sign the protest form: Written protest form (PDF). It satisfies the city’s requirement of an original written, signed statement from the landowner. Every owner on the deed should sign. Signing for a trust or company? Add your title after your name.

FACT: 3. Deliver the original to City Secretary Kimberly Biggs at 311 Burton Hill Road. The form includes an authorization line so a neighbor can hand-deliver it for you if that’s easier.

FACT: 4. Do it before Tuesday, November 3 at 6:00 PM so it’s in the record for the first public hearing.

And whether or not you own land near the tract

FACT: Public hearings are exactly that: public. Any resident can speak at the November 3 P&Z hearing and the November 10 council hearing, protest rights or not. Submit a Public Comment Form in the lobby before comments begin. The full story of the project, the taxes, and the never-signed PILOT is on the Trinity Terrace page.