Dear Neighbors,

Last Wednesday the City Council approved the first of three readings for the Land Development Code Rewrite on a 7-4 vote, with Mayor Adler, Mayor Pro Tem Garza, and Council Members Harper-Madison, Renteria, Casar, Flannigan, and Ellis voting in favor of the rezoning map and code.

In the last two months since the release of the proposed map and code, many of you have shared ideas, questions, and concerns with me regarding the proposal, and I incorporated your feedback into the more than 45 amendments that I brought forward for consideration.

Some of these amendments were successful, including an amendment to protect renters by not up-zoning existing market affordable “missing middle” housing, including triplexes and fourplexes. (My inclusion of duplexes did not pass.) Other successful amendments included assessing a monitoring fee to ensure that units in the Affordable Housing Bonus program are leased or sold to income-eligible households; partnering with local nonprofit organizations to identify qualified tenants for affordable units; and ensuring that existing Vertical Mixed Use-zoned properties on our corridors will be required to achieve at least the same or a greater number of affordable units as in current code.

Some critical amendments of mine, however, did not pass. These include:

Requiring affordable housing contributions for increases over current base zoning . Many properties in District 9 currently zoned as Single Family 3 are proposed to be up-zoned to R4 or RM1. Under the new code, Single Family 3 lots proposed for RM1 zoning would be able to achieve as many as 7 units with no affordable housing contribution ; Single Family 3 lots proposed for R4 zoning would be able to achieve as many as 5 units with no affordable housing contribution . I don’t agree that such significant increases in entitlements should be granted without requiring community benefits in the form of affordable housing.

Directing the City Manager to outline planned infrastructure investments such as water, sewer, drainage, and sidewalks in areas proposed for significant up-zoning prior to City Council’s final approval of the code and maps. Such an analysis would have provided the City Council with more of the information it needs to ensure that areas where significant redevelopment might occur will have the investment and infrastructure needed to support both those additional people as well as existing residents.

Limiting the “transition zones” that up-zone residential properties in the interior of District 9 neighborhoods. In District 9 and some other areas in Central Austin, many residential properties in the interior of neighborhoods have been proposed for up-zoning to R4 and RM1, allowing tracts where 2 units can now be built to have as many as 11 units. Although Council districts outside of District 9 – including in some high opportunity areas – do have transition areas that extend just one or two parcels back into residential neighborhoods, District 9 has multiple examples where the “transition area” extends well beyond the 2-5 suggested lots in the staff direction to areas as deep as 16 parcels from a corridor. And District 9 neighborhoods such as Delwood II and Heritage have nearly 50% of their residential properties proposed for such up-zoning; the North Loop neighborhood may even exceed that amount.

My multiple amendments related to transition re-zonings would have done the following:
  • limited the number of such up-zonings to no more than 20% of any particular neighborhood
  • specified that primarily residential streets such as Duval and Enfield would only trigger shallow “transition areas”
  • restricted R4 and RM1 zoning to within 2-5 lots from a corridor

I am deeply disappointed that the majority of City Council did not support these and other important revisions at first reading, and I will continue to advocate for a Land Development Code and associated map that I regard as better fulfilling the goals and commitments of Imagine Austin.

Thank you to everyone who attended the December 7 public hearing on the Land Development Code to speak to how the proposed code will impact your neighborhoods and other parts of town. The second reading of the Land Development Code is anticipated to take place in February; please plan to attend.

I urge you to stay engaged and involved. We need your ideas, your voices, and your presence .

Co-creating plans with the residents of an impacted community is the way I believe this city should plan for future growth. My District 9 office will continue to work with neighborhoods to develop alternative maps for Council consideration. Please reach out to my office or to your neighborhood association to get more information and to express your interest in helping.

Although the Council majority hasn’t yet responded to the specific community concerns in ways I had hoped, I continue to believe in the power of people to bring about change, and I encourage you, your friends, and your neighbors to remain engaged.

With your help, I will continue to work toward a community consensus on a Land Development Code and map that creates and preserves affordable housing and other housing opportunities as well as one that values the elements of our city that make Austin a great place to call home.

My staff and I wish you and your families a warm and safe holiday. Thank you for being a part of the District 9 community, and we look forward to working with you in 2020!

All the best,

Council Member Kathie Tovo
District 9