Updated: Council and Planning Commission hear from public on proposed land use changes

With City Council all but certain to approve extensive revisions to Austin’s land use code next month, Thursday’s public hearing on the proposed changes lacked the fire-in-the-belly resistance demonstrated at last October’s hearing.

Back then, the joint Council hearing with the Planning Commission lasted well into the evening hours. Thursday’s joint hearing was over by mid-afternoon, although it’s unclear whether the smaller number of speakers was caused by scheduling conflicts on a weekday morning or that many opponents have resigned themselves to what is likely inevitable. In any event, the majority of speakers’ remarks Thursday tilted in favor of the smorgasbord of proposed items slated for a May 16 Council vote.

Those who did speak in opposition voiced concern about a lack of infrastructure to sustain the additional capacity, the high costs and runarounds homeowners encounter when trying to modify their properties to age in place, as well as affordability worries and the absence of environmental protections in the proposed revisions.

Those who spoke in support of the proposed changes included students from the University of Texas at Austin, transit and environmental advocates, building and trade workers, and AURA members.

The proposed revisions Council will begin discussing at its May 14 work session include:

• Phase 2 of the HOME ordinance, which would reduce the minimum lot size from the current 5,750 square feet to the staff-proposed 2,000 square feet. Several density advocates on Thursday expressed support for whittling the proposed lot size to 1,900 square feet. The first phase of HOME is already in effect, which allows up to three units on a 5,750-square-foot lot.
• Compatibility changes, which will permit construction to the full height allowed under zoning regulations, reducing constraints of proximity to single-family neighborhoods. City staff estimates those changes will result in an additional 63,000 housing units in Austin, creating more walkable and transit-supportive neighborhoods.
• Equitable Transit-Oriented Development overlay, which will apply to commercial properties within a half-mile of the route of the planned first phase of light rail and priority extensions, allowing for building heights up to 120 feet and adding more units, including affordable housing. In exchange, developers would be required to provide certain percentages of its for-sale and rental properties to households earning less than the median family income. The affordable housing requirements could also be satisfied through an fee-in-lieu program only for owned units. The new zoning would set the stage for the city to compete for federal funding to help finance the project. The new regulations would prohibit new automotive businesses, gas stations and funeral homes, among other types of services.

A second work session is also a possibility.

Michele Anderson, CEO of Austin Habitat for Humanity, said she looks forward to the regulation changes opening doors for many would-be homeowners who currently can’t afford to buy.

“We work tirelessly with clients every day in the workforce, in the ‘missing middle,’ from diverse backgrounds, ages and abilities, all striving to secure homeownership,” she said. “I am truly impressed by the strides this Council has made in simplifying housing (types) and expanding affordable housing options for a wide range of income earners.”

She thanked the Council for its “unwavering commitment” toward making homeownership more attainable.

Neighborhood activist Betsy Greenberg focused her remarks on the proposed ETOD overlay. She said the equitable component of ETOD is “unfortunately useless” and will not achieve the desired equity laid out in Council’s vision of providing more affordable housing near planned rail stops. Allowing developers to pay a fee-in-lieu will defeat the intent of having on-site affordable housing, she said. The proposed program for ETODS only allows for fees-in-lieu for owned units.

Heyden Black Walker, a density proponent who grew up in Austin, said she is pleased to see opportunities open up that would allow her and her husband to age in place.

“I’ve seen firsthand – whether you’re trying to find a place to live like my young adult children or starting to think about how to age in place like David and I are – and we all need a variety of affordable housing choices for different stages of life,” she said. “I’m excited to see these moves toward more walkable transit-friendly communities with increased housing choices.”

The Planning Commission will vote on the proposed revisions on April 23 and April 30, prior to the Council’s scheduled May 16 vote. Additionally, the city will host an in-person open house from 6 to 8 p.m. April 17 at Austin Central Library and a virtual session from 10 a.m. to noon April 20. Two more open houses are also being planned. For more information on the proposed changes and to learn how to attend the virtual open house, visit SpeakUpAustin.org/LDCupdates.

This story has been extensively updated to clarify and correct the changes under consideration by City Council.

The Austin Monitor’s work is made possible by donations from the community. Though our reporting covers donors from time to time, we are careful to keep business and editorial efforts separate while maintaining transparency. A complete list of donors is available here, and our code of ethics is explained here.