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| Dear Neighbors,
On December 7th, I voted against Phase I of the so-called “HOME” zoning ordinance. While my colleagues and I share a common goal of wanting to provide safe and affordable housing options, I do not believe this initiative, as adopted, can deliver on its promises. I continue to have significant concerns that this decision will lead to predictable negative consequences for both residents and the environment.
As you may recall, in July I voted against initiating the HOME ordinance related to minimum lot sizes and the number of units that can be built on a lot. I wrote about these proposed changes in my summer newsletter which you may view here, and again in October which you may read here. Throughout the year, I’ve spoken out about my concerns with these proposals and the two phase process. On the night of the final vote, the Phase I changes were approved with support from a supermajority of the Council. I was one of two council members who voted against this ordinance.
I believe our zoning code should be guided by Imagine Austin, our city’s comprehensive plan, which laid out how we should strategically plan growth on our corridors and around activity centers. Planning for growth on our transit corridors could simultaneously support our transit investments, incorporate affordability requirements, and further our environmental goals. In my view, this latest initiative does not acknowledge the role that planning can and should play as we grow.
Instead, the approach taken makes changes to the vast majority of single-family lots in the City, with no requirements for affordability, and guts our McMansion standards. Every Austinite must understand that the changes to single-family zoning adopted last week go significantly further than any permutation of CodeNEXT.
Here are a few examples of what would now be allowed with this ordinance:
Each SF-1, SF-2, and SF-3 lot in the city is now entitled to a minimum of three residential units by-right. The McMansion ordinance no longer applies to lots that construct more than one unit. The McMansion ordinance and boundaries are still in effect only when lots have a single unit. If a lot is developed or redeveloped to have multiple units, that development is no longer subject to the McMansion ordinance. Multi-unit developments on SF-1, SF-2, and SF-3 lots constructed within the “McMansion” zone are subject to square footage caps, but at much more generous levels than the McMansion ordinance limits, meaning the structures will be allowed to be significantly larger than they are today. There are no safeguards to ensure that additional units are built to house additional people rather than simply adding square footage to one’s home. We also likely will see structures that are more box-like and built to three full stories in height.
City staff have created visual models of some of these changes, which you can review here. It is important to note that these models were released prior to Council amendments which further increased the allowable square footage and therefore do not reflect all of the changes, allowing the number and size of these structures to be even greater.
These changes in the number of units and the new larger unit sizes will combine with a new “preservation” bonus, the removal of the zoning limitation on the number of unrelated adults living in a single unit, and the proposed overall reduction in minimum lot sizes across the city, to make for scenarios that I do not believe our community has fully vetted.
I was successfully able to amend the ordinance to remove the proposed relaxation of short-term rental (STR) regulations, but my other substantive amendments were defeated. Although my amendment to keep existing STR rules in place was successful, the Council has indicated there will be a future exploration of changes to STR rules, which may lead to further relaxations in the future.
The decision to adopt these changes in a single-vote, around midnight was unfortunate and stacked the deck against everyday Austinites who spent hours testifying and sharing alternative ideas and concerns which largely remain unexplored. To see some of my comments from the dais about the vote, you can watch a video linked here. | | Phase 2 in Early 2024
It’s important to remember that what the Council supermajority adopted last week is only the first phase of the changes they have initiated. Phase 2 is scheduled to come to Council in early 2024 and would potentially reduce minimum lot sizes in SF-1, SF-2, and SF-3 zones to as little as 2,500 square feet. For comparison, the current minimum lot size in SF-3 zoning is 5,750 and many of our existing lots in District 10 are 7,000 square feet or larger. Adoption of Phase 2, as proposed, coupled with the changes adopted by the Council supermajority last week would mean the allowance of 3 units would be permissible on lots that are much, much smaller than existing lots today. You can stay up-to-date about Phase 2 at this City of Austin website which also contains information about Phase 1. Please be sure to look carefully at the page to distinguish between the Phase 1 changes that have already been adopted and the Phase 2 changes that will be considered in early 2024. If you would like to contact departmental staff with questions about these amendments, you may email LDCupdates@austintexas.gov or call 512-974-7220.
Petition and Protest Rights
Several thousand Austinites availed themselves of the right to protest the change in zoning as established in state law. When the City receives a sufficient number of protests against a proposed zoning change, state law requires City Council to approve the zoning changes by a super majority or ¾ vote, (i.e. 9 votes) rather than by a simple majority vote. Because nine Council members voted in favor of this change, the changes were passed by a super-majority of Council members.
Deed Restrictions
My office continues to receive questions about how the so-called HOME Initiative Phase I interacts with deed restrictions. I am unable to provide legal advice so, when in doubt, please consult with an attorney on any specific questions you may have about this. Generally speaking, I can say that the City of Austin does not enforce deed restrictions and does not issue permits based on deed restrictions. Deed restrictions are considered to be private agreements between private parties and the City does not enforce these private agreements. The City of Austin issues permits based on City zoning and building codes, even if they conflict with deed restrictions.
It should be acknowledged that there are many existing conflicts with deed restrictions and our zoning code that pre-date the changes the Council supermajority just adopted. While these recent changes will exacerbate the number of conflicts, today there are many areas where deed restrictions have much stricter requirements than our existing zoning code. Common examples include restrictions on more than one unit per lot, heights over one story, or re-platting to create multiple lots.
Changes to City zoning regulations should not affect the private enforcement of legal, private deed restrictions. An enforceable deed restriction now should continue to be enforceable by private parties, regardless of changes to City zoning regulations.
My office frequently receives questions about deed restrictions. In fact, within 60 days of taking office in 2017, my office was in meetings with neighbors and the law department to answer questions about zoning and deed restrictions because neighbors were asking us to enforce deed restrictions where conflicts already existed. The question has been raised frequently enough that I can state definitively that, except in certain limited instances for cities that do not have zoning, state law does not allow cities to condition permit approval on compliance with private deed restrictions, which means that cities generally have to approve a permit if it complies with applicable regulations. As before, the enforcement of private agreements will be in the hands of the private parties involved in the agreements.
While the City does not enforce deed restrictions, the current residential permit application form requires the applicant to acknowledge the following:
The applicant has checked for any property-specific information such as deed restrictions or restrictive covenants on the property. The applicant is responsible for any conflicts between the property-specific information and the request for the proposed development.
The bottom line is that if a building permit application complies with the Land Development Code, then staff must approve the application whether or not it conforms to a deed restriction.
Links to Testimony, Discussion, and Documents If you are interested in reviewing the posted documents or the public testimony, and discussion, you may do so using the links below.
Thursday, December 7 - City Council Meeting
I also encourage you to look through the Q&A document to see the questions we submitted on this topic as well as the responses from our departmental staff.
I want you to know that I have heard your concerns. I’ve heard your frustration. I’ve heard your skepticism. I share them and will do all that I can to amplify them and try to bring common sense to the conversation as Council continues to consider Phase 2. I thank you for sharing your concerns with me and the Council to date and I encourage you to hang in there as we engage in this work together.
Below you will find additional information that I believe you will find useful on other City business, including an event Wednesday night relating to the Spicewood Springs mobility project, a save-the-date for a District 10 emergency preparedness event in January, and more.
Regards, | | Alison Alter Council Member, District 10 | | | | Happy Holidays from the District 10 team! | | Table of Contents
Spicewood Springs Mobility Project Updates
Featured District 10 Greenspace: Tarrytown Neighborhood Park
Council Recap
Council Member Alter in the Community Annual Meeting with D10 Commissioners Austin Sister Cities Passport to the World Festival Save Our Springs Alliance Holiday Party
Announcements Green Workforce Accelerator Issues a Call for Applications Austin Animal Center Needs our Help Applications for Public Art Opportunities Congrats to These Young D10 Artists!
City Services Updates Old Lampasas Dam Modernization Project Austin Energy’s E-Bike Rebate Program Continuing into 2024 Rental Assistance Available through the City
Service and Public Input Opportunities Give Your Thoughts on Austin’s Water Forward Plan Community Ambassador and Mini-Grant Applications Open for Preservation Plan Help Someone in Need Pay Their Utility Bill
Safety Tips and Updates | | | Spicewood Springs Mobility Project Updates Last week, we broke ground on a project to expand Spicewood Springs Rd. from 2 to 4 lanes between Loop 360 and Mesa Dr. This project, funded by the 2016 Mobility Bond, aims to address congestion, enhance safety, and improve mobility on Spicewood Springs Rd. Construction will occur on weekdays from 9 a.m.-4 p.m. and weekends from 7 a.m.-7p.m. Anticipated project completion is in 2026.
Temporary vehicle lane closures and traffic pattern changes will be necessary to complete this work safely. Please follow the posted work zone speed limit, watch out for road crews, and allow yourself extra time when traveling through the area. | | Northwest Austin and Spicewood Springs neighbors, please join me, City staff, and DeNucci Constructors for a project open house this Wednesday at St. Matthew's Episcopal Church. Stop by between 6 and 7:30 p.m. to hear more about the project scope and potential construction impacts, and to ask questions. If you are unable to attend, you will find project details here. | | | Featured District 10 Greenspace: Tarrytown Neighborhood Park It’s no secret that I am a big parks supporter. I was excited to officially open the renovated play area at Tarrytown Neighborhood Park. The new play area was funded by a 2018 parks improvement bond, and represents the culmination of a collaborative process between Austin Parks and Recreation Department, my office, and my constituents. I hope you’ll plan a visit soon! | | | | I would like to share two updates on my public safety work and information about how non- profits can access solar rebates.
Additional Positions for APD Victim Services During the budget process, I secured permanent ongoing funding for 10 APD Victim Services counselors who provide trauma-informed support to survivors of sexual assault, domestic violence, other non-family-violence aggravated assaults and ensure victims are aware of their rights within the justice system.
In addition to these permanent positions, last week the City of Austin was awarded Victims of Crime Act (VOCA) grant funding by the State of Texas to fund two additional counselors and three additional survivor navigators. The navigators will help domestic violence and sexual assault survivors access shelter, clothing, food, and transportation. The counselors will provide mental health support and practical intervention to victims and survivors of elder abuse, financial crimes, and hate crimes. This assistance will include crisis counseling, personal advocacy, emergency placement in shelter, safety planning, and information and referrals to other community resources.
Improvements to EMS Billing System At the December 6 Audit & Finance Committee meeting, we received the final presentation from Chief Luckritz on improvements to the EMS billing system. This work grew out of the Dispatch Equity and Optimization Efficiency Study Report, a study I championed, which identified these improvements as a source of additional funding for Austin EMS. In the FY 23 budget we funded additional billing staff for EMS and this past year we saw more than $9 million in additional EMS revenue above budget projections. Previously, Council approved my FY23 budget rider with the intent that revenue would be reinvested into EMS recruitment and retention efforts.
Solar Rebates for Nonprofits On November 30, Council approved the issuance of a capacity-based incentive (CBI) for the installation of solar electric systems at both Westminster Presbyterian & Westminster Manor Assisted Living in District 10. This initiative is part of Austin Energy’s Solar Photovoltaic CBI Program to expand adoption of solar by area nonprofits to advance the city’s carbon reduction goals and improve resiliency. These installations will reduce both greenhouse gas emissions and the amount of electricity Austin Energy must purchase from the market. Learn more about solar rebates for nonprofits here. | | | | | Annual Meeting with D10 Commissioners Each year my office hosts an annual meeting to connect with and thank our commissioners. These leaders volunteer their time and expertise for the betterment of the City. I look forward to continuing our work in 2024! | | Austin Sister Cities Passport to the World Festival Our Sister Cities initiative is one of my favorite programs here in Austin. Recently, I had the honor of speaking with a delegation of Thai visitors from the city of Chiang Mai. I also presented a Global Citizen award to my former colleague, Pio Renteria, for his work supporting our partnership with the city of Saltillo, Mexico. Through these partnerships, we can innovate to respond to shared challenges, fuel new ideas, and support travel and business between our cities. | | Save Our Springs Alliance Holiday Party It’s always a pleasure to kick off the holiday season with Save Our Springs Alliance! To learn more about the legal and educational work they do to protect the Edwards Aquifer and the Hill Country, visit SOSAlliance.org. | | | | | Green Workforce Accelerator Issues a Call for Applications The City is accepting applications for the Green Workforce Accelerator program through January 5. The accelerator helps organizations develop or expand green workforce programs. Participants will receive a $15,000 grant to support their work. Learn more and apply here. Questions can be directed to Annabel.Osburn@austintexas.gov. | | Austin Animal Center Needs our Help Austin Animal Center (AAC) is out of kennel space for medium and large dogs. Now is a great time to foster or adopt, and adoption fees are currently waived. You can also help share AAC’s posts on Facebook and Twitter, or help purchase shelter supplies from their Amazon Wishlist. | | Austin’s Art in Public Places Program is seeking professional visual artists and artist-led teams interested in creating artwork for public places in Austin. Commission budgets for three distinct projects range from $70,000 to $400,000. Applications for the three public art opportunities close on December 19 at 5 p.m. Read more about each project and its budget here.
Additionally, The Julia C. Butridge (JCB) Gallery at the Dougherty Arts Center is accepting exhibit proposals for the 2025 Gallery Season through February 4. The JCB Gallery strives to promote the livelihood of Austin’s vital art culture by offering as many opportunities as possible to both emerging and established artists. There is no fee to submit an exhibit proposal and all related exhibits and events are free and open to the public. Submit your proposal here.
| | Congrats to These Young D10 Artists! Congratulations to two of my young constituents, Nora of Bryker Woods Elementary and Emma of Doss Elementary, for their award-winning artwork in the Zilker Holiday Tree Art Contest! | | | | | Old Lampasas Dam Modernization Project Austin Watershed Protection is managing the Old Lampasas Dam Modernization project, which will enhance safety, support regulatory standards, and protect the ecology of Bull Creek. The project is now in the permitting phase, which includes planning for staging areas during construction. Staging areas are zones reserved for the temporary storage of project equipment. The project team has identified two city properties for staging areas for the construction phase:
The Triangle Staging Area, at the corner of Spicewood Springs and Old Lampasas Trail, and The Wexford Staging Area, at the corner of Spicewood Springs and Wexford
Construction begins in fall of 2024. The City will notify the community of associated impacts beforehand, including staging areas, trail closures and detours, traffic control, and boulder and tree removal. Watershed Protection will work to ensure the safety of the neighboring residents and school communities during construction. Review the latest stakeholder email update to learn more.
| | Austin Energy’s E-Bike Rebate Program Continuing into 2024 Austin Energy doubled its rebate initiative for 2023 and will continue the popular program into 2024. Rebates are offered to eligible Austin Energy customers who purchase a qualifying E-bike, scooter, moped, motorcycle, or any other electric two or three-wheel vehicle.
Individuals who purchase a new E-Ride may receive up to a $600 rebate. City of Austin Utility customers who are part of the Customer Assistance Program may receive up to $1300 per individual E-Ride purchase. For more information on eligibility and how to apply look at the Austin Energy information page.
| | Rental Assistance Available through the City Applications are open for rental assistance and eviction prevention support. Through a partnership with El Buen Samaritano, the City’s new I Belong in Austin program will provide financial assistance with rent, moving, and storage/relocation costs for tenants at risk of eviction. Review eligibility and apply for rental assistance at AustinTexas.gov/rent. | | | | | Give Your Thoughts on Austin’s Water Forward Plan Austin Water is working to update the 2024 Water Forward Plan. Water Forward is Austin’s 100-year integrated water resource plan to ensure a sustainable, resilient, equitable, and affordable water future for our community. Take this survey to help provide feedback on potential updated Water Management Strategies.
Austin Water is also hosting in-person and virtual workshops on January 23rd and 24th. to share information and receive feedback on the plan updates January 23rd at 6 p.m.- In-person workshop at the Permitting and Development Center (6310 Wilhelmina Delco Dr, Austin, TX 78752, Room 1406) January 24th at 6 p.m.- Virtual workshop–register here
| | Community Ambassador and Mini-Grant Applications Open for Preservation Plan Applications for Community Ambassadorship and Organizational Mini-Grants for Austin’s Equity-Based Preservation Plan close on Wednesday, Dec. 13. Successful applicants will be paid to engage historically marginalized communities to share and collect feedback about the draft plan. Learn more and apply here. | | City of Austin Utilities invites individuals, businesses and organizations to bring some holiday cheer to a loved one, friend or neighbor by making a payment toward their utility bill. You can pay for any amount of a customer’s bill. All you need is the name and address of the recipient. You don’t need to know their account number, though it can be helpful.
Visit the Gift of Comfort webpage and download the form, then deliver it and the payment to one of the City's Utility Payment Centers, or mail it to:
City of Austin – Payment Processing P.O. Box 2267 Austin, TX 78783-2267
The customer will receive a letter from letting them know they have received a gift payment toward their account. You can give anonymously or print a gift card to give to the recipient.
If you are interested in donating, but don’t know who needs help, you can make a one-time or recurring donation by adding it to your bill or by mail. Visit the Plus 1 program website to learn more.
| | | | | Cold Weather Preparedness/Upcoming Emergency Preparedness Pop-Up Temperatures are dropping! I’m sharing some resources for home preparedness and emergency alert systems below.
Additionally, please save the date: join me and various City departments on Wednesday, January 17 for a District 10 emergency preparedness pop-up event at the Old Quarry Library. Stop by from 4-7 p.m. for information on specific disaster risks in District 10, how to sign up for emergency alerts, and what to include when creating a plan or building a supply kit. There will be limited free emergency supplies. More info coming soon!
Follow Austin Homeland Security and Emergency Management on Facebook and Twitter. | | Sexually transmitted infections (STIs) are on the rise in Austin-Travis County. Common STIs may not have symptoms. Now is a great time to use local FREE or low-cost testing/treatment resources to prevent the spread of infection:
RBJ Sexual Health Clinic: appointments recommended. $20 for testing and treatment of common STIs Red Ribbon program: FREE testing for HIV as well as chlamydia, gonorrhea and syphilis by appointment or at the mobile clinic
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