| | Dear Neighbors,
The proposed Land Development Code is deeply flawed, and we deserve better.
On February 13th, I voted against second reading of the code and map because I do not believe the current product sets us up to manage our growth responsibly. It does not provide us the level of planning, housing affordability, or sustainability our growing city needs.
We started this code rewrite with Imagine Austin, our city’s comprehensive plan, which laid out how we should strategically plan growth on our corridors and around activity centers instead of the interior of residential neighborhoods. This so-called “Austin Bargain” would support the increased capacity with transit investments, build in affordability for all income levels, simplify the code, and further our environmental goals.
Where we are today lands squarely outside of that framework. Every Austinite must understand that the changes adopted on second reading are not limited to the “transition areas”, but bring a significant change to every residential lot in the city.
Here are a few examples of what would now be allowed in the current draft code:
- Each residential lot in the city is entitled to a minimum of two residential units by-right.
- In addition to the two by-right units, the preservation bonus allows an additional unit on any lot in the city and potentially allows more than double the square footage on a lot than allowed today in large parts of the city.
- Each lot can create an “internal accessory dwelling unit (ADU)”, not subject to the unit cap, meaning any lot can potentially achieve at least four units.
- These changes in unit sizes, in combination with the overall reduction in minimum lot sizes across the city, make for scenarios that I do not believe our community has fully vetted.
The Land Development Code (LDC) staff have created visual models of some of these changes, which you can review here. It is important to note that these models were released prior to Council amendments on second reading, and therefore do not reflect all of the changes allowing the number and size of these structures to be even greater.
ALTERNATIVE PROPOSAL
Following the second reading vote, I released a joint statement with Council Members Ann Kitchen, Leslie Pool, and Kathie Tovo indicating our intent to present our colleagues with an alternative proposal that would align with the Imagine Austin Comprehensive Plan.
Our plan will do the following things:
- Target growth on transit corridors and Activity Centers.
- Create tools in our zoning code to allow for more missing-middle housing types.
- Facilitate a context-sensitive planning process that would allow those housing types to be added to neighborhoods with community engagement and feedback.
I believe this approach would allow us to achieve our housing capacity and affordability goals without the unnecessary angst this process has created. I am hopeful my colleagues will see our alternative as reasonable and effective and allow us to alter our course.
SECOND READING AMENDMENTS
For now, so long as Council is operating through the current process, I am working hard to improve the code with amendments, highlight important information, and ask the necessary questions.
With respect to second reading amendments, I was successful in advancing a number of changes that touch on things like:
- Ensuring the code does not override the ability for private parties to enforce legal deed restrictions;
- Addressing potential loopholes regarding safe access requirements and fire safety;
- Facilitating deeper collaboration between the city and local school districts to address parking and transportation-related challenges at school sites;
- Refining the zoning around Imagine Austin Centers (such as near Far West Blvd) to tailor the amount of density in a more thoughtful process; and
- Addressing loopholes in our code that have allowed developers to change zoning boundaries to invalidate area “valid petitions” at the last minute of a zoning process.
Each of these amendments were approved and reflect concerns brought to me by my constituents.
I also supported a number of amendments from my colleagues that would have capped the “upzoning” in “transition zones” to no more than two lots in from major transit corridors, as well as an amendment that would have allowed neighborhoods to participate in a planning process to identify areas for growth and additional density and areas of stability. Unfortunately, those amendments did not pass. However, some colleagues who voted against expressed a potential willingness to consider elements of this proposal between now and final adoptions.
CONCERNS WITH SECOND READING
Several amendments I opposed were approved by the majority of my colleagues, adding to my concerns with the draft code. Below, you’ll find some of the approved second reading amendments that concern me most:
- Parkland Amendment – You can watch two videos of our discussion on the parkland dedication requirement here and here. In summary, [ADLER-NZ1] – PARKLAND DEDICATION reduced requirements for parkland dedication by large developments on parcels in Imagine Austin Centers and corridors. Today large multifamily developments are required to dedicate land to be used as public parks. Unfortunately, these requirements were already inadequate and yet now we have passed amendments that will likely mean we achieve less parkland dedication precisely where we intend to grow our population density. I believe this is a step in the wrong direction.
- McMansion Standards – Today in our McMansion ordinance areas, we have limits on how large a structure can be on a lot. We have significantly increased how large structures can be and allowed exemptions in how the square footage limits are calculated. You can see models on how large these structures can be here. These models do not include the increases council approved. For example, [HARPER-MADISON-1]-DUPLEXES allowed a Duplex on a 10,000 sq ft lot to have 1,000 additional square footage on it beyond what would have been allowed on the lot today. I believe these additional square footage entitlements will exacerbate our affordability challenges and will create homes out of scale with existing structures today without advancing the goals we are trying to achieve.
- Preservation Amendment – Council adopted [CASAR-1] PRESERVATION BONUS which allows any residential lot to have one additional unit beyond what their zoning allows so long as they preserve a portion of an existing home on the lot that is at least 15 years old. This means any lot in the city with a home built after 2005 could have up to three or more residential total units on the lot if a portion of the original structure is preserved. Additional details can be found in the attached document. Additionally, [CASAR-10] INTERNAL SUITE allows an additional unit on any residential lot so long as that unit has a connecting door to the main unit in the structure. This means that if you are also able to utilize the preservation bonus, a residential lot zoned for two units could actually achieve four units with this new amendment language.
I also encourage you to look through the Q&A document to find important data and information on the revisions and mapping. For example, after seeing a lot of concern about transition areas, we asked LDC staff how much housing we’d be getting in those areas in exchange for the amount of heartburn in the community. In response, LDC staff and consultants shared that only a tiny amount of housing capacity is being realized in transition areas (Answer #15 in the council Q&A).
PROCESS
When it comes to the process, I continue to believe that pushing through 1300 pages in less than two weeks didn't give the community time to review the code and engage in a meaningful way. Instead, it allowed big corporate developers to tip the scales in their favor by advancing their favored amendments and stacked the deck against everyday Austinites. I have consistently voiced my perspective, and you can watch a recent interview with FOX 7 Austin here or by clicking the video below. To see some of my comments from the dais about the process, you can watch a video linked here. |
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| | LOOKING AHEAD & WAYS TO ENGAGE
Third and final reading is anticipated to occur in late March or early April. As your representative, I am working to answer your questions, explain what’s happened so far, and listen to your feedback so I can best represent you. My office has held several office hours sessions and town halls on the Land Development Code over the last year, and we have planned more opportunities to engage. Please join me and my staff for a district-wide town hall on March 11th at Congregation Agudas Achim. More details are below.
As always, my staff are available by phone or email, and you can contact my chief of staff, Kurt Cadena-Mitchell, at Kurt.Cadena-Mitchell@austintexas.gov or at (512) 978-2207. I look forward to seeing you soon.
Regards,
Alison Alter
Council Member, District 10 |
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Table of Contents - Land Development Code Town Hall – March 11
- Coronavirus Update
- Small Business Contracting Forum – March 4
- Writing on the Walls Public Art Series – March 4-11
- Amplify Austin Day – March 5
- People's Gallery Opening – March 6
- Barton Springs Conservancy Donation
- Call for Municipal Civil Service Commission Applications
- Call for Public Safety Civil Service Commission – Application Deadline March 6
- Civil Rights Survey and Workshops
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| | | Land Development Code Town Hall – March 11
Please join me for a town hall on the Land Development Code revisions. We have created an event page on Facebook for folks to share. Please feel free to invite your neighbors.
Wednesday, March 11 6:30-8:30 p.m. Congregation Agudas Achim 7300 Hart Lane (On the Jewish Community Center campus)
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| | | Coronavirus Update
There has been increased community concern regarding the 2019 Novel Coronavirus (COVID-19). While there have been confirmed cases of COVID-19 in the United States, the overall risk of COVID-19 to the general public is low. To help prevent the spread of respiratory viruses, including flu and COVID-19, follow these measures:
- Wash your hands often with soap and water for at least 20 seconds. If soap and water are unavailable, use an alcohol-based hand sanitizer.
- Avoid touching your eyes, nose and mouth with unwashed hands.
- Avoid close contact with people who are sick.
- Stay home when you are sick.
- Cough or sneeze into your elbow or use a tissue to cover it, then throw the tissue in the trash.
- Clean and disinfect frequently touched objects and surfaces.
Persons who have returned from China in the past 14 days and develop a fever should contact their primary care provider or APH prior to going to the doctor’s office, urgent care or emergency department. Health officials also recommend staying home from work or school for 14 days after returning from the Hubei Province.
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| | | Small Business Contracting Forum – March 4
Small businesses in Austin have been invited to learn how to compete for millions of dollars of smaller City contracts.
The 2020 Small Business Contracting Forum will bring together procurement staff from dozens of City of Austin departments alongside a number of other municipal, county and governmental entities in the region to connect them with a large and diverse group of smaller vendors.
Wednesday, March 4, 2020 8:30 a.m.-4 p.m. Palmer Events Center 900 Barton Springs Rd.
The free annual event, organized by the City’s Purchasing Office, will provide advice, information and encouragement to help small business owners better identify opportunities to do business with the City, and to be more successful when bidding on City contracts.
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| | | Writing on the Walls Public Art Series – March 4-11
Next month, the Downtown Austin Alliance will unveil its new extension, the Downtown Austin Alliance Foundation, with a series of public art installations in the downtown area. The first project will result in two permanent murals for the community, including what will be the largest mural in Austin.
The installation series, named Writing on the Walls, will spotlight urban art and elevate the importance of art, diversity and public spaces in the community. The series will also feature a number of public events, including opportunities to meet the artists and watch the murals be created in real time. For more information on the Downtown Austin Alliance Foundation's mission and upcoming events, please visit their website. |
| | | | Amplify Austin Day – March 5
Amplify Austin Day, organized by I Live Here I Give Here, is our city’s annual day of giving. The 24-hour period provides an easy and fun way for the entire community to give while helping local nonprofits. Over the past seven years, Amplify Austin Day has raised more than $57 million for hundreds of local nonprofits.
Gifts made on Amplify Austin Day will be matched by generous sponsors and also may help your chosen nonprofit win a prize. If you want to raise money for a nonprofit that is not listed, Amplify Austin allows individuals and businesses to create their own fundraisers supporting their favorite organizations.
Visit https://www.amplifyatx.org/info/get-involved for information on how to donate, volunteer, or create your own fundraiser. |
| | | People's Gallery Opening Reception – March 6
The 16th Annual People’s Gallery Exhibition opens on March 6th at Austin City Hall. The exhibition will feature a wide array of painting, sculpture, drawing and other media by artists from across the Austin area on the first three floors of the building.
On opening night, attendees can view artworks throughout City Hall, meet the participating artists, and enjoy light refreshments and live music. The event is free and open to the public.
Friday, March 6 301 W. 2nd Street |
| | | Barton Springs Conservancy Donation
On Valentine's Day, the City of Austin proudly accepted a donation of $650,000 from the Barton Springs Conservancy for the Bathhouse Rehabilitation Project. The Barton Springs Conservancy is one of the many local nonprofits you can donate to on Amplify Austin Day! Learn more about the Bathhouse Rehabilitation Project here. |
| | | Call for Municipal Civil Service Commission Applications
The City of Austin is seeking applications from qualified individuals to serve on the five-member Municipal Civil Service (MCS) Commission.
The MCS Commission hears and makes final, binding decisions on appeals of City employees resulting from a Disciplinary Probation, Disciplinary Suspension, Demotion, Discharge, or Denial of Promotion. If rule revisions are brought forward by the MCS Director, the MCS Commission will recommend modifications to the City Council.
The time commitment for Commission business varies but is typically 4-5 hours a week (20 hours a month). Hearings of the Commission typically last an entire business day and are scheduled twice per month with the option to add additional meetings as needed, and commissioners serve on a voluntary basis.
Learn more about the Municipal Civil Service Commission and find more information about the application process by following this link. |
| | Call for Public Safety Civil Service Commission – Application Deadline March 6
The City of Austin is seeking applications from qualified individuals to serve on the three member City of Austin Firefighter’s, Police Officers’, and Emergency Medical Services Personnel’s Civil Service Commission. The opening is to fill a partial term ending Dec. 6, 2022.
The deadline to apply is 5 p.m. March 6, 2020. The time commitment for commission business is anticipated at 1-3 hours a month, and commissioners serve on a voluntary basis.
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| | | Civil Rights Survey and Workshops
The City of Austin is seeking community input to better educate and
enforce Civil Rights Ordinances/Laws within the Austin Community. The goal of these workshops and surveys is to hear perspectives from across Austin’s community on how we can improve our services and prevent discriminatory actions against protected classes.
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