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From Leslie Pool, Council Member, District 7
February 14 at 5:59 PM ·At Second Reading last night, I voted against the Land Development Code rewrite, along with my colleagues CMs Alter, Kitchen and Tovo, because it remains unclear that the code will do what is intended and needed.
Austin must get this right. The new code, with all its parts, must work together.
My three colleagues and I urge an approach to the Code rewrite that includes planning to inform how and where the city of Austin will grow.
Because of the intense market pressure that Austinites are experiencing, planning and thoughtful decision-making consistent with Austin’s values are more crucial than ever.
I believe the city needs to build community consensus and better ensure that shared goals are achieved while reducing the risks of unintended harm.
I agree with the rest of Council that …
– Austin needs an updated land development code that includes better tools to address growth.
– Increasing housing along major corridors makes sense because new development can be more easily served by robust transit.
– Imagine Austin regional centers are opportunities to create more housing and complete communities.
– Our city needs more affordable housing and housing types across the city and council has agreed upon target goals to meet.However, I remain concerned that …
– The proposed code and map will not provide new development where we want and need it or at the right price.
– Some council actions may have unintended consequences, accelerating the loss of older, more affordable housing for renters and families.
– The draft proposal and amendments triggering increases in size, number of units, and reliance on street parking, without planning for necessary sidewalks, street improvements, drainage, and other infrastructure will unnecessarily degrade quality of life, public safety, and potentially increase cost burdens to residents to remedy the deficiencies.
– Applying dramatic increases in entitlements instead of phasing increases over time could destabilize neighborhoods and accelerate loss of affordable housing.
– Mapping without sensitive consideration of the location or context and without involvement by the people who live in the areas impacted risks loss of public trust.In the next several weeks, the four of us will bring forward a proposal we have been working on for a while. We will propose an approach that builds on the District Level Planning amendment adopted at First Reading. This approach will offer a path to build broader, citywide consensus on the code. We hope our colleagues will consider this approach on Third Reading.
I will continue to urge my colleagues to develop a community-driven, data-based, and context-sensitive planning process that will ultimately serve the evolving needs and future growth of communities in and around Activity Centers and Corridors.
Issues surrounding the rewrite of Austin’s Land Development Code continue to cause deep concern in most parts of town. Thank you for all you’re doing on behalf of our beloved city.
Best,
Leslie
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The North Shoal Creek Neighborhood Plan (NSCNP) Contact Team will meet:
• Thursday, February 13, 6:30 pm to 7:55 pm at
• First Texas Honda Dealership Conference Room, 3400 Steck Avenue.Agenda for the meeting will include the following:
• Election of officers for unexpired terms.
• Property at 8703/7703 N. MoPac.
• Draft Land Development Code.
• Priorities of Neighborhood Plan actions.You can become a member of the contact team if you:
• Own neighborhood property,
• Rent a neighborhood residence,
• Own a neighborhood business, or
• You are a member of a neighborhood organization and own or rent property within the neighborhood.To become a member, just attend a meeting and sign up.
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The 3M Half Marathon is Sunday, January 19, and the route includes Shoal Creek Boulevard. So, expect it to be closed for the runners from about 6 am to noon that Sunday morning. For more info (or to register) go to 3mhalfmarathon.com
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JUDGES NEEDED! Contact Victoria Finnegan at 512-773-7876 to sign up to be a judge
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• Wed., Dec. 11, 2019 — Austin City Council votes 7-4 to approve the LDC on first reading, with Alter, Kitchen, Pool, and Tovo voting no. Council Member Pool offers an amendment to recognize the right of property owners to protest LDC zoning changes. Her amendment fails 4-7, with Alter, Kitchen, Pool, and Tovo voting in favor.
• Thurs., Dec. 12, 2019 — A group of 19 homeowners sue the city, asking that Council’s approval of the rewrite be invalidated and that the city be forced to recognize the right of individual property owners to protest rezoning. The City of Austin maintains that the state-mandated right of a property owner to protest the rezoning of his/her property does not apply to the broader rewrite of the land code. The case is scheduled to be heard February 18 in Travis County District Court.
Why does this lawsuit matter? If the homeowners prevail, then a three-fourths majority – the vote of eight council members — will be required to approve zoning changes. This means the four council members who voted against adoption of the LDC revision as currently written will be able to block zoning changes on properties whose owners have filed protests of the zoning change.
The current LDC revision rezones 26 houses on Rockwood to R4 (the least intense transition zone). All other single-family homes in North Shoal Creek are zoned R2A, which allows up to 2 housing units on a single lot – e.g., a single-family home, a single-family home with an ADU, or a duplex. If a home is more than 30 years old and the homeowner chooses to remodel rather than replace it, then 3 housing units are allowed. R4 allows a duplex up to a 4-plex, with 4 additional units allowable as an Affordable Housing Bonus. While existing single-family homes are grandfathered in, new single-family homes cannot be constructed in an R4 transition zone. The Development Committee believes the properties zoned R4 should be changed to R2A to match all the other single-family homes in North Shoal Creek.
Our Future Land Use Map (FLUM) calls for Buell to emphasize missing-middle housing and local businesses and to serve as a live/work zone. The current LDC revision rezones more than half of Buell to MU5B-A (mid-rise mixed use). The Development Committee wants the Buell properties zoned MU5B-A changed to Flex Industrial (FI) to match our FLUM.
Council Member Pool is aware of our position and supports it, but she might not be able to get our two problem areas changed to match our FLUM. So, the Development Committee suggests this back-up plan: property owners on Rockwood and Buell whose properties were changed to R4 and MU5B-A zoning, along with their neighbors within 200’ of their properties, file protests of the R4 and MU5B-A zoning. If the court rules in favor of the homeowners, a zoning change for the properties whose owners filed protests would have to be passed by an eight vote supermajority of the Austin City Council.
To file your protest
• online, go to https://fileyourprotest.com/. Then fill in the form and click the Submit Form button
• by mail, go to https://fileyourprotest.com/file-by-mail/. Then select the format you want to print (PDF or Word), print the form, complete it, sign and date it and mail it to:
Communications and Public Information Department, City of Austin
P.O. Box 1088, Austin, Texas 78767You can also hand deliver your completed protest form to:
Communications and Public Information Department, City of Austin
301 W 2nd Street, 3rd Floor, Austin, Texas 78701Or, you can email the form to:
LDC@austintexas.govWho can file: the property owner; property owners within 200’ of the property being rezoned
You must file your protest before council holds the third and final reading on the code and map, which will probably occur in late March.For more information: https://fileyourprotest.com/ and http://www.austintexas.gov/ldc
