CITY HALL

Council debate begins on land development code

Philip Jankowski pjankowski@statesman.com
Austin City Council holds a hearing Saturday allowing community members to speak on the new land development code proposal at City Hall. On Monday, the council began debating more than 200 amendments placed on a proposal to overhaul the city’s gargantuan land development code. [Angela Piazza for American-Statesman]

The Austin City Council began the arduous task Monday of debating more than 200 amendments placed on a proposal to overhaul the city’s gargantuan land development code.

The tedious process began as the council is considering the first of three required approvals to broadly change city rules on what can be built and where — part of a larger effort to encourage housing density and affordability in the city.

Monday’s marathon meeting was the first time the council took up substantive changes to the land development code and zoning map since rewriting the city’s land development rules was proposed in 2012.

It became clear early on the task would take far longer than one day, which created a conflict on the dais after Council Member Leslie Pool indicated she would not be present for an overflow meeting into Tuesday.

“It’s not fair,” Pool said as council members suggested they continue debate without her present.

While Mayor Steve Adler indicated last week the council could meet through Wednesday to debate preliminary approval of the code, Pool said posting language indicated to her that the council would only take up the possible purchase of a motel to convert into a homeless shelter on Tuesday.

Pool is a member of the City of Austin’s Employees’ Retirement System Board, which meets Tuesday. She said her presence at that meeting is required.

A lack of Pool’s voice on the dais would weaken the four-member bloc of council members — Alison Alter, Ann Kitchen, Kathie Tovo and Pool — who are generally more resistant to proposals in the overhaul that encourage greater density in neighborhoods.

After estimating that at least 20 hours of debate might be before the council, Council Member Greg Casar suggested they move forward without Pool on Tuesday and save hotly disputed items for Wednesday. That provoked strong words from Kitchen.

“I find it really kind of disturbing,” Kitchen said. “To me, that is not respectful of the concerns that we have and the things we need to discuss. I cannot believe that we are talking about voting without Council Member Pool here.”

Most proposed amendments that came before the council on Monday passed, especially after members softened language to indicate their changes were only direction to staff and not lock downs on specific rules.

One of the few that failed came from Tovo. Her amendment called for more specific requirements on a proposal designed to allow homeowners to build additional housing units on their lot as long as they preserve the existing home.

Some fear the new code could allow for developers to preserve only a small portion of the existing home while building large, expensive additional housing units on the same lot.

“I just want to make sure this doesn’t become a giant loophole,” Tovo said.

Tovo and Pool also have proposed allowing individual property protest rights to apply to the rewrite, as they would in individual zoning cases. The city has said they do not apply to comprehensive changes to the code.

One lawyer has signaled he might sue over the issue. It is of note because overriding a property protest requires approval from three-quarters, or nine, of the 11-member council. If approved, it would hand a lot more power to the four council members who tend to find themselves in the minority on votes.

Staff indicated they intended to be more prescriptive related to the preservation rule. However, Tovo’s amendment failed on a 5-6 vote with council members Ellis, Alter, Pool, Kitchen and Tovo voting in favor.

It was unclear at press time if the council would continue debating the land development code on Tuesday. The meeting is set for 10 a.m.