Watson Wire: No Fooling

Happy April Fool’s Day (for all of those who celebrate).

On this annual day of pranks, I come to you to with a real issue because there are time-sensitive notices landing in mailboxes right now for upcoming hearings on proposed changes to the Land Development Code. And the state-mandated language on one of the notices will probably be, well, alarming to some folks. I wish it were a joke, but the Legislature doesn’t have a sense of humor. Believe me.

Transparent Notice

As we address our housing and affordability needs in Austin, I’ve committed to making sure that people have good notice of what we’re doing, including when there may be or will be changes to the Land Development Code. I feel strongly about this and, truth be told, the courts have ruled against Austin for poor notice being provided prior to my being mayor.

We’re about to look at some significant housing and development ideas. That means you may find in your mail some notices about these ideas and hearings on these ideas. And the notices, in some instances, might make you shake your head like it’s a bad April Fool’s joke. 

Equitable Transit-Oriented Development

Property owners in certain areas along the Austin Light Rail corridor will receive a notice that includes the following language — in big, bold letters and all caps: “the City of Austin is holding a hearing that will determine whether you may lose the right to continue using your property for its current use."

That’s profound and more than a little bit scary. But let’s clarify a few things about the notice and the proposal:

1.     Single-family homes will not be affected. Again, single-family homes will not be affected by this.

2.     Only a small subset of commercial and industrial property owners near light rail would potentially be affected. The objective of the Equitable Transit-Oriented Development proposal is, going forward, to prevent certain uses that don’t support transit, such as car lots and storage facilities, in the vicinity of the light rail so that we can prioritize housing and other walkable amenities.

3.     The prohibition on certain uses could impact whether some non-transit-supportive businesses could expand or rebuild in the future; however, it would not require discontinuation of existing businesses. Any existing uses that are prohibited would still be legal but nonconforming uses. So, while the use (say a car lot or storage facility) wouldn’t conform with the land use requirement, it would still be legal and could continue. Nonconforming uses generally may continue to operate as long as they are not discontinued for more than 180 consecutive days, per state law.

Citywide Land Development Code Changes

The second notification, which is a purple postcard, will land in mailboxes all across the city as part of our efforts to go above and beyond the state requirements for public notification for land-use changes.

The citywide changes include the following:

• Revise regulations that apply to lots with one housing unit and regulations that apply to flag lots;
• Create regulations that define properties used exclusively for charging electric vehicles; and
• Revise height, building placement, and other related regulations that are in addition to a property’s base zoning regulations (also known as Compatibility Standards).

All of these proposals will be on the April 11 agenda when the City Council and the Planning Commission meet jointly to hear feedback from constituents. This is the second time we’ve had a joint meeting with the Planning Commission. This will be followed by subsequent meetings (and opportunities for people to be heard) for the Planning Commission to take action and then to the City Council for a final vote in May.

If you’d like to speak at any of these public hearings, you must register in advance. To learn more about the proposals and how to participate, please visit speakupaustin.org.

Additionally, the city will hold an in-person open house at the Austin Central Library on April 17 and a virtual open house on April 20. You can sign up for the virtual event using the link here.

Over the next couple months, we’ll be having a thoughtful discussion about addressing our current housing emergency and supporting public transit so that everyone can create a life in Austin. I hope we hear from you.

Additional Notice

The original ordinance that the Council passed directed staff to post notice of this stuff in the American-Statesman 10 days before the joint meeting on the 11th. Well, somehow the calendar slipped past folks, and it looks like notice will be in the Statesman only 7 days before. That will still meet the legal requirements, but some of us wanted more than what’s just legal.

So, we’ll do more. I don’t think anyone reads the so-called “legal notices” section of the daily newspaper anyway. But we’ll still put it there. You’ll also see additional notice by way of ads purchased in multiple media outlets, including on-line. Oh, and we’ll be doing some social media.

Public Hearing Details

The public hearings on these proposed changes will be held at Austin City Hall, 301 W. 2nd St., on: 

• Thursday, April 11th at 9 a.m. - Joint meeting of the City Council and Planning Commission
• Tuesday, April 23rd at 4 p.m. and Tuesday, April 30th at 4 p.m. - Planning Commission Meetings 
• Thursday, May 16th at 10 a.m. - City Council Meeting