Existing development rules diagnosed by experts

For the first time in 30 years, Austin's land development code is undergoing a comprehensive rewrite through a process dubbed CodeNEXT.

Consultants from the CodeNEXT project team, composed of city staff and community members, in late May revealed 10 problems diagnosed within the city's existing code. Identifying the problems within the code will help advise team members on potential solutions to include in the new code, which will not be complete until 2016, said Dan Parolek, principal of Opticos Design Inc., one of the consultants hired to advise the CodeNEXT team.

"Our process here is to, especially in this diagnosis phase, actually pull up the hood and sort of open up that computer and find out what is wrong with it to give us some direction as we move forward in the CodeNext process," Parolek told council members during a May 20 presentation.

Changes to the code are being made to help align regulations with the expectations set in the city's Imagine Austin comprehensive plan. Cornerstones of the plan include making the city more connected for transportation and walkability and more affordable while developing a diverse economy and more sustainable water supply.

Doubts about newdirection

Some residents, however, worry the new comprehensive plan and code could bring an end to the cozy quiet of neighborhoods and bring in a more commercial feel.

"The [land development] code is a tool to help implement neighborhood plans. There's a fear among many people that [CodeNEXT] will simply destroy neighborhoods or neighborhood plans, and that's not the case at all," said George Zapalac, development services manager for the city of Austin.

Mary Ingle, president of Austin Neighborhood Council, a neighborhood advocacy group formed to protect broader neighborhood interests, is one such resident to voice concerns.

"I think they're doing everything wrong," Ingle said. "It just feels rigged."

Ingle said there is nothing wrong with the existing 800-page city code. She said the issues fall within the city's planning department and its outdated technology. There should be another solution rather than rewriting the code, Ingle said.

"The one thing, though, that I hope happens after the code is rewritten is that the legal departments will be more substantial. The legal department wasn't mentioned at all in this document, and they're actually responsible for the disorganization," Ingle said.

From the builder's side

Many of those who regularly deal with the current code disagree with Ingle's view. Throughout the years, layers upon layers of new rules have been added to the code, creating contradictions, according to some, and confusion for those who must decide what construction and renovation should be allowed in Austin.

"I know firsthand how extremely difficult it is to work through that process," said Sean Garretson, founder and president of Pegasus Planning and Development. "The problem is that there's been so many bandages on top of bandages on top of bandages of our existing code that it's time to rip the bandages off and fix it."

Changing and simplifying the code will speed up timelines for builders to receive permits from the city, in turn resulting in lower construction costs—and thus lower costs for consumers, Garretson said.

Creating affordable change

An improved code could also help create more affordable residential prices by allowing more diverse housing options, said David Sullivan, chairman of the CodeNEXT advisory group.

"If you could add on another floor [to a business building] and add affordable housing, that might not fit in the [current] rules," Sullivan said. "[If the code allowed that] then we might be able to have more affordable housing."

Another suggestion he made to support his claim was allowing the revised code to permit auxiliary dwelling units, or ADUs, which is supported by Councilman Chris Riley, in more areas where some neighborhood plans or codes may currently block them. ADUs are smaller structures added onto or within a property, commonly referred to as a mother-in-law suite.

But some say changing the code is not the only way to solve the high cost of housing.

"The code itself can't fix all the housing affordability problems that we have," Zapalac said. "The private market does not build housing that can be afforded by a large part of the population. About 30 [percent] to 40 percent of the population is never going to be able to afford housing that is built by the private market."

The new code could help ease the minds of those who fear certain types of construction near their homes because the code should be more clear cut as to what can and cannot be built, Garretson said.

"I think you're going to get more predictability on the issue of compatibility. That's the biggest issue, I think, for ANC, and I think every neighborhood and resident is concerned about that issue of compatibility, especially along the corridors," Garretson said. "I'm confident that the CodeNEXT process will provide a product and result that will give us some predictability on that."

What's next for CodeNEXT

The next step in the code rewrite process is for city planners to meet with Austin City Council in September or October to decide how best to address the 10 problems identified in the existing code. No first draft of the rewritten code will be available at that time, Zapalac said. However, the CodeNEXT team is expected to present council with possible strategies for shaping the new code.

Imagine Austin calls on the code to be reviewed for potential updates once every five years, Sullivan said.

"A lot of people my age seem to think that the world 20 years from now is going to be the way it is right now. When they should realize—and they do—that the world right now is different from 20 years ago or 40 years ago," Sullivan said. "Whatever we do now with the code can be changed. We're not carving it in concrete."

For some there may be fear the new code will change Austin greatly; however, the city has been greatly changing in the past few decades without a code rewrite, Sullivan said.

"If the government did absolutely nothing, people would move here with money from California and New York and tear down small houses and build bigger houses. Change will happen. In many cases I think people are afraid it's the government that fosters this change. They're just trying to steer it," Sullivan said.

Community captures Austin in a box

Some Austin residents fear their neighborhood's character will be lost when it comes time to change the city's land development code, but there is a project in progress to potentially prevent unwanted changes.

The city's Planning and Development Review Department is encouraging neighborhoods to participate in Community Character in a Box, an effort to get residents to document what they like and dislike about their community along with what they actually consider their community to be.

This process has already helped the department map out Austin into 103 neighborhoods based on community feedback.

"This is kind of an unprecedented effort that we've gone through," said Matt Dugan, Planning and Development Review Department liaison. "Just so that we can have a good understanding about what is unique and great about all the different areas in Austin."

Mary Ingle, president of neighborhood advocacy group Austin Neighborhood Council, called the program a "feel-good exercise" to make community members feel like they have a part in shaping the way the city development code will be rewritten during the CodeNEXT process.

However, City Planner Paulina Urbanowicz said she is going through each box herself to read all the submitted content before uploading it to the interactive website that residents can view.

"We've been thrilled with the response that we've got," Dugan said. "[It is] very encouraging and very cool."

The department is especially appreciative of the submissions because staffers know the task can be time consuming for residents with busy lives, Urbanowicz said.

"You can spend anywhere from 30 minutes to 2 1/2 hours taking pictures, but then the mapping part will probably take 30 to 45 minutes," Dugan said. "It is a pretty big commitment for folks to do."

Participants can reduce the amount of time spent on the project by pairing up with a volunteer host. The host, who can be reached through Austin's Planning and Development Review Department, will then divvy up the responsibilities so no one individual is responsible for all the tasks that come with organizing each neighborhood information box.

Residents have until July 31 to submit a box that paints a picture of their community, and there will be another deadline in the fall to encourage unrepresented or underrepresented communities to participate.

3 steps to document your community:

Step 1: Map your community

Mark the map of your community from the box showing what areas or aspects are considered benefits and what are disadvantages, providing reasons for both.

Step 2: Photograph your community

Take photographs while exploring your community to capture the atmosphere and character of it from your own perspective.

Step 3: Return the Community Character in a Box

Send back your manually completed maps and photographs to the city's Planning and Development Review Department. The department will then uplodad feedback to the website.