The city of Austin reinstated elements of a city ordinance aimed at creating more affordable housing options that was voided under a lawsuit.
Travis County District Judge Jessica Mangrum’s ruled in December in favor of a group of homeowners claiming the city of Austin violated the rights of it’s property owners by failing to provide proper notice of land development code, making void three of Austin’s zoning ordinances: the Vertical Mixed-Use II Ordinance (VMU2), Residential in Commercial Development Program and Compatibility on Corridors.
An ordinance approved Thursday, dubbed DB90, is largely the same as VMU2, according to a written statement from Paul Books, senior planner with the city’s planning department.
Read more:City of Austin violated rights of its property owners, judge says. Three ordinances voided
VMU2 allowed developers to build 30 to 90 feet higher in exchange for more affordable housing units in certain areas of the city.
This ordinance allows developers to build the same height in exchange for affordable units but extends the opportunity for where it can be developed with one caveat: Under DB90, each individual case will need to go through the city’s rezoning process, while the last ordinance, which was voided, created a blanket opportunity for developers to build higher in certain areas of the city if they met the affordability requirements without going through the rezoning process.
Notice of rezoning will give eligible property owners the right to protest the proposed changes on an individual case, which was the sticking point of the lawsuit against the city. Under Texas code, municipalities are required to provide notice of proposed changes relating to zoning, and property owners can then protest those proposed changes.
“Rezoning will require Planning Commission recommendation and Council action at public hearings,” Books said in the statement.
Once a rezoning request has been submitted, public notice will be provided and give the opportunity for protest, according to Books.
Another factor included in the ordinance passed on Thursday is a process to initiate rezoning for properties that were attempting to use any of the three voided ordinances. While eligible developers will still have to apply for rezoning under the new ordinance, fees will be waived.
“The applications will be assigned to the same case manager for an expedited review,” Books said.
The ordinance passed Thursday with 9 votes in favor, an abstention from Council Member Mackenzie Kelly and a no vote from Council member Alison Alter.
