City of Austin Land Development Code Amendments Fall 2023

Questions

No. Requestor ReceivedCategory Question Status Answer
1 Kelly 10/24/2023 General
Can you share any specific examples of other cities or regions that have implemented similar zoning changes, and what outcomes have they experienced?
Posted

Staff has compiled a list of cities and states that have enacted similar policies. Data is not readily available regarding the outcomes.

Cities:
Minneapolis, MN: In 2019, Minneapolis voted to allow at least three homes on every residential lot in the city.
St. Paul, MN: In October 2023, St. Paul approved changes to zoning regulations to allow at least four homes to be built on any residential lot in the city.
Charlotte, NC: Charlotte’s new Unified Development Ordinance, passed in 2022, legalized duplexes, triplexes and fourplexes on all single-family zoned properties.
Raleigh, NC: Raleigh in 2021 and 2022 voted to allow accessory dwelling units and tiny homes on all single-family lots, and duplexes on nearly all single-family lots
Arlington, VA: Arlington, VA voted in March 2023 to allow up to six units on any residential lot.
Portland, OR: In response to a 2019 state law, the City of Portland adopted the Residential Infill Project in 2022 which allowed for a greater diversity of housing choices, including duplexes, triplexes, fourplexes, cottage courts and townhomes within single-family zoning districts.

States:
Oregon: In 2019, Oregon passed House Bill 2001, which required cities with a population greater than 25,000 to allow people to build duplexes, triplexes, fourplexes, cottage clusters, and townhouses in residential areas.
California: Senate Bill 9, which took effect in 2022, allows California homeowners to split their lot and build up to four homes on a single-family parcel.
Montana: Montana in 2023 passed SB 323, which requires that duplex housing be allowed on any lot where a single-family residence is permitted, and that zoning regulations applying to the development or use of duplex housing cannot be more restrictive than zoning regulations that are applicable to single-family homes.
Answered: 11/07/2023 08:29 AM
2 Kelly 10/24/2023 General
Would the neighborhood be able to file and sign a petition protesting any additional units?
Posted
If Council approves an ordinance that allows up to three units on a single-family zoned lot, a property owner may construct up to three units without changing the property's zoning. This means that the opportunity to protest the three-unit change to City Code is now. For more information about protest rights, visit: https://www.speakupaustin.org/v1473#3. The City encourages property owners to utilize the petition form found on the City’s website and mail or hand deliver the petition using the addresses found on the City’s website.
Answered: 11/07/2023 08:38 AM
3 Kelly 10/24/2023 General
Who is responsible for enforcing the deed restrictions, HOA agreements, and restrictive covenants?
Posted
Deed restrictions, HOA agreements, and restrictive covenants are private agreements and are not regulated by the City. As such, the City does not have this information and is unable to collect it.
Answered: 11/07/2023 08:58 AM
4 Kelly 10/24/2023 General
Does the city have data on which neighborhoods have deed restrictions, HOA agreements, and restrictive covenants?
Posted
Deed restrictions, HOA agreements, and restrictive covenants are private agreements and are not regulated by the City. As such, the City does not have this information and is unable to collect it.
Answered: 11/06/2023 02:15 PM
5 Kelly 10/24/2023 FAR/Size Limits/Design Regulations
Would the proposed code amendments being discussed during the joint public hearing on October 26th change the minimum lot size?
Posted
The current proposal does not lower the minimum lot size for SF-1, SF-2, and SF-3 base zonings. The only change to minimum lot size being proposed during this phase is reducing the minimum lot size for duplex use. The proposed changes will align the minimum lot size for duplexes, two-unit residential, and three-unit residential uses. This means that the minimum lot size for duplex use will go from 7,000 square feet to 5,750 square feet. Changes to other minimum lot sizes may be considered during Phase 2 in Spring 2024.
Answered: 11/09/2023 02:48 PM
6 Watson 10/25/2023 FAR/Size Limits/Design Regulations
What was the amount of units-by-right for SF-1 and SF-2 zones in code next?
Posted
In both the CodeNEXT and the Land Development Code Revision efforts, SF-1 did not have a directly equivalent zone. In current code, SF-1 is a large lot zoning district (10,000 sf minimum), and the LDC Revision did not include any large lot zones, other than Rural Residential and Lake Austin, both of which required 1-acre minimum lot size and are equivalent to RR and LA in current code.

R2A was the most closely equivalent zone to SF-1 and SF-2. R2A permitted one or two units, configured as either a duplex, single family and ADU, or single-family attached.

Answered: 11/09/2023 03:03 PM
7 Watson 10/25/2023 General
Will proposed RV changes be presented before the October 26th joint meeting?
Posted
No. Changes related to recreational vehicles have not been included in the proposal that is being considered as part of Phase 1 of the HOME Amendments. RV changes could be considered during a future phase of the HOME Amendments in Spring 2024, pending Council direction. Please refer to the October 25 memo issued by Development Services Director Roig.
Answered: 11/07/2023 08:41 AM
8 Watson 10/25/2023 3-Unit Regulations
According to the resolution, it includes three-family residential use for SF-4A/4B zoned districts. Why weren’t they included in the proposed zoning changes?
Posted
SF-4A/B> are small lot zoning districts that are specifically tied to small lot subdivisions, where lot sizes are a minimum of 3,600 sf . The only permitted use in SF-4A/B is small-lot single-family. The site development regulations are addressed only in that singular use, and there are not site development standards listed in 25-2-492. The small-lot single-family use also specifically requires compliance with the small lot subdivision code sections, essentially tying this one use, zone, and subdivision type together. To introduce a new use to these zones, new site development regulations would have to be established for the new uses and tailored to the small lot size.
Answered: 11/07/2023 08:42 AM
9 Watson 10/25/2023 FAR/Size Limits/Design Regulations
Currently, we’re allowed two units by right on SF-3 zoned lots and not on SF-1/SF-2 zoned lots. Why is that the case?
Posted

The zoning code provides a variety of zoning districts, each serving a specific purpose. Subchapter A. Article 2. Division 2 (Residential Base Districts) explains the purpose and intent of each of the zoning districts. It defines SF-1 as a large lot (10,000 sf), low density district for single-family residential use; SF-2 as a standard lot (5,750 sf), moderate density district for single-family residential use; and SF-3 as a standard lot, moderate density district for single-family residential use and duplex use.

While SF-1/SF-2 do not currently allow duplex or two-family residential use, both of these districts currently allow accessory dwelling units described in Article 5 (Accessory Uses) if the parcel meets the lot size and other requirements specified in that article.

Answered: 12/04/2023 09:27 AM
10 Watson 10/25/2023 General
What is the current definition of “multi-family use”?
Posted
MULTIFAMILY RESIDENTIAL use is the use of a site for three or more dwelling units, within one or more buildings, and includes condominium residential use.

25-2-3 (Residential Uses Described).
Answered: 12/04/2023 09:37 AM
11 Watson 10/25/2023 3-Unit Regulations
Will any three-units by right be able to be attached or detached?
Posted
The proposed Three-Unit Residential Use allows attached, detached, or a mix of attached and detached units.
Answered: 11/06/2023 02:17 PM
12 Watson 10/25/2023 3-Unit Regulations
Will three-by-right be restricted in any way? Will the by-right have limitations from lot size, FAR, etc. 3 units
Posted
Per the draft redline posted for City Council's Dec. 7 meeting, Three-Unit Residential Use will have a minimum lot size of 5,750 sq ft. The use will be limited to 0.65 FAR on a site, with a maximum of 0.4 FAR for any one unit and 0.5 FAR for any two units. The use will also have 40 percent building coverage and 45 percent impervious cover requirements. Height limits and setbacks will be set by the base zoning district, with some greater setback allowances for corner lots and lots with alley access. Please see the draft redline and ordinance for additional regulations affecting Three-Unit Use.
Answered: 12/04/2023 02:41 PM
13 Watson 10/25/2023 3-Unit Regulations
Since we are reducing the minimum lot sizes on duplexes from 7,000 sq ft to 5,750 sq ft, will we still be applying the same standard (i.e. height standards, lot width, building cover, etc.) still apply?
Posted
Outside the regulations that are being specifically amended by this proposal, the remainder of the specific duplex requirements would still apply. Additionally, the site development requirements of the specific zone, when not superseded by the specific duplex regulations, would apply, including height standards, lot width, etc.
Answered: 11/30/2023 09:12 AM
14 Watson 10/25/2023 General
When does the mansion ordinance really apply?
Posted
See attachment.
Answer Watson #14
Answered: 11/22/2023 03:13 PM
15 Watson 10/25/2023 General
Without applying the McMansion ordinance, how will FAR, front yard/back yard setbacks and setback planes be applied? Specifically for the new three-unit residential use?
Posted
There is no proposed FAR limit for Three-Unit Residential Use. Front yard, side yard, and rear setbacks are established by the base zoning district and will remain unchanged.
Answered: 11/06/2023 02:19 PM
16 Watson 10/25/2023 General
The resolution directs staff to “limit the applicability of the McMansion ordinance so that it applies only when one dwelling unit is proposed to be constructed on a lot” Will the mansion ordinance still apply to one unit?
Posted
Yes. The McMansion ordinance will continue to apply as it does today when there is one dwelling unit proposed on a lot.
Answered: 11/06/2023 02:22 PM
17 Watson 10/25/2023 FAR/Size Limits/Design Regulations
For accessory apartments, will they still be attached to a principal structure?
Posted
Accessory Apartment use (§ 25-2-901) will be deleted due to its redundancy with the proposed amendments to Duplex Residential Use, which would allow an accessory apartment that is attached to or within a primary structure.
Answered: 11/06/2023 02:22 PM
18 Watson 10/25/2023 Utilities and Infrastructure
The original resolution directed staff to allow for “innovative utility layouts and connections to support multiple units on smaller lots” is staff still anticipating having those recommendations?
Posted
Those issues will be addressed as part of Phase 2.
Answered: 11/09/2023 02:57 PM
19 Watson 10/25/2023 FAR/Size Limits/Design Regulations
The current proposed changes on two-family residential includes the STR regulations being removed. What was the reason for this change? Was this legal or administrative?
Posted
See Pool #57. Under the current code, only one unit of a two-unit residential use may be used as a STR for 30 days of the year. The proposed staff and Planning Commission recommendations remove this limitation. Staff recommends addressing STR limitations for these typologies as part of a holistic update to the City’s STR regulations.
Answered: 11/22/2023 03:13 PM
20 Watson 10/25/2023 Duplex Regulations
The height restrictions for this section is 5 feet less than the base zoning. What is the justification for this and will it be changed?
Posted
According to Version 3 of the proposed changes (10/25/23), the proposed height limit for Duplex Residential Use will be set by the base zoning district. In SF-1, SF-2, and SF-3 zoning districts, the maximum height is 35 feet.
Answered: 12/04/2023 09:53 AM
21 Watson 10/25/2023 Occupancy Limits
The resolution directs staff to “create a new use for three-family residential that allows for flexible housing configurations in SF-1, SF-2, SF-3, and SF-4A/4B zoning districts.” What does this look like for town houses, cottage homes, etc
Posted
Staff will evaluate barriers to townhomes, cottage homes, fourplexes and garden homes and recommend regulations to incentivize the construction of these housing types as part of Phase 2.
Answered: 11/06/2023 02:24 PM
22 Watson 10/25/2023 3-Unit Regulations
Will three-by-ordinance be restricted in any way? Will the ordinance have limitations from lot size, FAR, etc. 3 units
Posted
Per the draft ordinance posted for City Council's Dec. 7 meeting, Three-Unit Residential Use will have a minimum lot size of 5,750 sq ft. The use will be limited to 0.65 FAR on a site, with a maximum of 0.4 FAR for any one unit and 0.5 FAR for any two units. The use will also have 40 percent building coverage and 45 percent impervious cover requirements. Height limits and setbacks will be set by the base zoning district, with some greater setback allowances for corner lots and lots with alley access. Please see the draft ordinance for additional regulations affecting Three-Unit Use.
Answered: 12/05/2023 09:12 AM
23 Hempel 10/23/2023 2-Unit Regulations
A housing unit built above a detached garage does not seem to fit under the proposed "ADU" requirements, so it seems it would need to be under the Two-Unit scenario. It is not clear with the current proposed Ordinance wording about height for 2-Unit scenario whether Unit-Over-Detached-Garage would be allowed. Can/will the wording be clarified to clearly allow a one level housing unit above a detached garage?
Posted
A housing unit built above a detached garage would be allowed under Two-Unit Residential Use, which will be replacing current Accessory Dwelling Unit (ADU) regulations.
Answered: 11/06/2023 02:27 PM
24 Shaw 11/02/2023 3-Unit Regulations
Several years ago, there was flooding to homes that were near storm drains due to the inability of the storm drains to drain the water. In many older single-family neighborhoods, homeowners are concerned with the City’s ability to provide for the improvements needed for infrastructure to support accommodate the increased density. Can you explain how our utility departments (electric, water, watershed) conduct the planning necessary to determine the improvements and the associated cost and resources required to prepare for the increased density?
Posted
The Watershed Protection Department (WPD) uses engineering models and community drainage report information to systematically identify and prioritize improvements to our storm drainage infrastructure. Our project identification process focuses on drainage systems that require more capacity.

Austin Water conducts a variety of review, planning, and analysis functions to determine water, wastewater and reclaimed water infrastructure needed to accommodate growth throughout the City, including impacts of increased density. These planning efforts include Water Forward, various City planning initiatives, Austin Water Long Range Plans, 5-year and 10-year Capital Improvement Plans, the Service Extension Request (SER) process, and site and subdivision plan reviews. This work is conducted in partnership with other departments and integrated with the City of Austin’s land development processes, primarily through the Austin Water teams located at the Permitting and Development Center, the City’s one-stop-shop.

Austin Energy completes annual system studies, as well as ongoing reviews of design projects, to identify any areas where growth may be forecast to impact load and, in response, prioritizes infrastructure and system improvements to mitigate any such impact.
Answered: 11/14/2023 02:24 PM
25 Shaw 11/02/2023 Utilities and Infrastructure
What resources will our utility departments need to be able to plan for the increased density along with the anticipated extreme whether impacts from climate change?
Posted
WPD is aware of a subset of Austin’s storm drainage systems that are undersized and need to be upgraded to function at an adequate capacity. This infrastructure serves what we call “local drainage systems” to prevent “local flooding.” We have identified the need for additional resources to do a more complete, citywide engineering analysis of these systems (they are today identified more anecdotally by 3-1-1 reports by residents) and to fund the capital improvement projects needed to design and construct system upgrades. In 2019, WPD changed the drainage standards for new storm drainage systems to reflect the new Atlas-14 rainfall intensity conditions; while not implemented expressly in anticipation of climate change, these new criteria will increase the capacity of future infrastructure and help with larger storm events.

We do not anticipate that modest increases in runoff (if any, since Phase 1 does not propose impervious cover changes) will be significant drivers in prompting additional storm drainage upgrades. Systems that are already undersized will require capital solutions whether or not the HOME Amendments are enacted.

For Austin Water, increased density, especially in established areas, may bring about the need for new infrastructure and system upgrades to support the increased water, wastewater and reclaimed water requirements. Austin Water completes a variety of system studies as further detailed in other responses to questions related to the HOME Amendments. Increased densification may ultimately lead to a need for additional resources and infrastructure. However, the costs, timing and amount of needed resources will be determined by a number of factors including area and the percent uptake of densification.

In response to changing extreme weather impacts, Austin Water is also increasing resiliency of our water, wastewater and reclaimed water treatment and conveyance systems in a number of ways. Highlights of these efforts include: replacing aging infrastructure and adding further redundancy in key water transmission mains, increasing drinking water storage capacity in certain areas of town, adding power resiliency and related improvements at plants and pump stations, improving emergency management and response practices, and updating our water operations center.

For Austin Energy, increased densification could lead to a need for additional resources and infrastructure; the costs and amount of needed resources would ultimately be determined by a number of factors including area and the percent uptake of densification. Another consideration of note is the impact of densification related to the required safety clearances for overhead and underground electric infrastructure (equipment and lines). In response to extreme weather impacts, Austin Energy is also increasing resiliency of our electric system, including leveraging self-healing grid technologies and equipment (e.g., covered conductors), so both efforts will ultimately run in parallel.

Answered: 11/14/2023 02:26 PM
26 Shaw 11/02/2023 3-Unit Regulations
"To assist with achieving the goals in this Resolution, City Council initiates amendments to Title 25 (Land Development) to adjust and streamline site development regulations for single-family zoning districts that will allow up to three dwelling units on smaller lots that are created by subdividing a single-family lot; and will allow two or more dwelling units to be constructed on a single-family lot." Do these changes allow for more streamlined site development regulations for up to 3 units? If so, please explain.
Posted
The site development regulations for two and three unit uses would be substantially streamlined. The proposed changes would allow three units on SF-1, SF-2, and SF-3 lots in attached or detached configurations, and without limiting the placement or location of the units on the site outside of the standard setbacks. Subchapter F “McMansion” would not be applicable to two or three unit uses, including the FAR limit and tent.

Additionally, these uses would benefit from the streamlined review process offered as part of 'Site Plan Lite' adopted by City Council in July 2023.
Answered: 11/09/2023 03:03 PM
27 Shaw 11/02/2023 FAR/Size Limits/Design Regulations
The draft ordinance does include some of the changes identified in this direction to CM. Can you explain the justification for the different requirement for two and three family residential?
Posted
Two-Unit Residential removed building coverage, includes min. lot area, required separate structures, and limits one unit to 1100 SF where Three-Unit Residential does not. Similarly, Two-Unit can be constructed on substandard lots where this is not allowed on Three unit.
Answered: 11/02/2023 11:37 AM
28 Shaw 11/02/2023 FAR/Size Limits/Design Regulations
Can you confirm that draft proposes to eliminate FAR requirements for Two and Three Unit residential but not for a single unit on a lot?
Posted
Correct. There are no floor-area-ratio (FAR) requirements for Duplex Residential, Two-Unit Residential or Three-Unit Residential uses. A single home on a lot within the Subchapter F "McMansion" area would still be subject the current FAR limits in McMansion. Outside of the McMansion area, there are currently no FAR limits for a lot with one home.
Answered: 11/06/2023 02:32 PM
29 Shaw 10/26/2023 FAR/Size Limits/Design Regulations
If a home owner has maxed out on FAR, please confirm that this change would allow them to construct one or two additional units without limits on FAR but within the constraints shown for impervious cover, building area etc.
Posted
Correct. If a property owner develops their property with a Duplex Residential, Two-Unit Residential, or Three-Unit Residential use, then there would be no FAR limits on the property, but impervious cover, building cover, height limitations, etc., would still apply. This includes the scenarios in which an owner adds one or two units to a property with one unit, or a third unit to a property with two units.
Answered: 11/06/2023 02:33 PM
30 Haynes 10/30/2023 Cost/Affordability
Please have staff run a list of cities with a population over 500K that have done a rewrite of their LDC in the last 10 years. Also, please let me know what has happened to their housing markets and the values of their housing stocks.
Posted
Staff does not have the capacity to undertake this analysis.
Answered: 11/06/2023 02:28 PM
31 Shaw 11/02/2023 FAR/Size Limits/Design Regulations
I have heard concerns from my constituents that there will be future changes to impervious cover, set-backs, and the tree ordinance to accommodate the future Phase 2 lot size reduction. Are there future changes to these design standards needed to meet the intent of this resolution to construct more townhomes, cottage courts, etc.?
Posted
As directed by the resolution, during Phase 2, staff will evaluate existing regulations (impervious cover, setbacks, and tree regulations) and may recommend changes to incentivize the construction of housing typologies identified in the resolution (triplexes, fourplexes, townhomes, cottage courts, garden homes).
Answered: 11/10/2023 02:46 PM
32 Shaw 11/02/2023 General
Can you explain the term alternative equivalent compliance? Are there currently or does staff plan to introduce measures for alternative equivalent compliance and administrative modifications related to preserve trees or other natural features, and mitigate floodplain areas when 2 or more units are developed on a SF lot?
Posted
Alternative Equivalent Compliance, or “AEC,” is a process for achieving compliance with regulations by a more flexible means than those prescribed by code and is available only where specifically authorized. The term “administrative modification” has been used to describe a proposed process, not currently authorized in code, for administratively relaxing particular development standards based on site-specific conditions. Staff may evaluate these options as part of Phase 2.
Answered: 11/09/2023 02:59 PM
33 Shaw 11/02/2023 Duplex Regulations
With removal of requirement for duplexes to share common floor and ceiling or wall, what is the difference between a duplex and two-unit residential? Note that duplex does still require common roof, but does not allow open breezeway, carport or opening, but two-unit residential does allow for a covered walk-way. Do we need to retain both? Won’t there be an opening in a duplex that does not share a common wall but only a common roof?
Posted
Two-Unit Residential Use would allow two detached homes, one of which may not exceed 1,100 sq ft. These homes may be connected by a covered walkway. Duplex Residential Use would allow two attached homes, with requirements that the units must share a common roof and cannot be separated by a breezeway, carport, or other open building element. In order to allow more flexibility, the proposal removes the requirements that duplexes be divided by a common wall.
Answered: 11/06/2023 02:33 PM
34 Shaw 11/02/2023 2-Unit Regulations
Why is there a min. lot width and max. building cover area specified for duplex and not two-unit residential?
Posted
Per the draft ordinance posted for the Dec. 7 City Council meeting, Duplex, Two-Unit and Three-Unit uses will have 40% maximum building coverage and 45% impervious cover. Minimum lot width requirements for these uses depend on the base zoning district. For properties zoned SF-1, the minimum lot width is 60 ft. For properties zoned SF-2 and SF-3, the minimum lot width is 50 ft.
Answered: 12/05/2023 09:18 AM
35 Alter, A 11/03/2023 General
Please provide modeling that maximizes the proposed entitlements for each of the three proposed housing typologies.
Posted
See A. Alter #100
Answered: 12/02/2023 01:51 PM
36 Alter, A 11/03/2023 Duplex Regulations
Is there any unit size limitation currently proposed for the duplex use? If not, what would be the maximum allowed combined square footage for a duplex built on a 5750 square foot lot?
Posted
Within the McMansion area, the draft ordinance being considered during the City Council's Dec. 7 meeting includes proposed language that limits FAR to Duplex and Two-Unit uses to the greater of 0.55 FAR or 3,200 sq. ft. of gross floor area, and any one unit (except for an existing unit) may not exceed the greater of 0.4 FAR or 2,300 sq. ft.

Outside of the McMansion area, there are no proposed FAR or gross floor area limitations. Additionally, in all parts of the city, these uses would be limited by 40% maximum building coverage, 45% maximum impervious cover, as well as the height limits and setbacks of the base zoning district, with some reductions in setbacks for corner lots and lots with alley access.
Answered: 12/02/2023 01:48 PM
37 Alter, A 11/03/2023 General
Will short-term rentals be allowed in these housing typologies? Will there be any limitations on their use in these typologies?
Posted
See Philips #77. These housing units will be subject to the City’s existing STR regulations so a property owner will be required to obtain a license to use the unit as a STR and submit hotel occupancy taxes. A housing unit that is used as a STR may not pose a hazard to life, health, or public safety. Staff recommends addressing STR limitations for these typologies as part of a holistic update to the City’s STR regulations.
Answered: 11/22/2023 03:14 PM
38 Alter, A 11/03/2023 Cost/Affordability
Based on the concerns raised in the affordability impact statement on potential unit size, please provide some details on whether alternatives exist to limit the size of units other than maintaining our existing residential design standards.
Posted
A variety of alternatives could be considered for limiting the mass of structures, other than compliance with City Code Chapter 25-2, Subchapter F (Residential Design & Compatibility Standards). Examples include application of: (1) a maximum floor-to-area ratio (“FAR”) limit, to be calculated in a more streamlined manner than currently used under Subchapter F; and/or (2) limits on vertical mass of structures near lot lines consistent with objectives of current Subchapter F tent, but simpler and more streamlined. Each of these options could be graduated to incentivize multiple units of a moderate scale, if desired.
Answered: 11/09/2023 02:58 PM
39 Alter, A 11/03/2023 Occupancy Limits
Please provide information on how other major cities handle occupancy limits.
Posted
Based on our research, Minneapolis, Minnesota eliminated maximum occupancy limits from its zoning code in 2018 to support the city’s goals to prioritize equitable access to housing by no longer regulating occupancy based on a definition of family. Oregon removed occupancy limits based on relationship or familial status state-wide in 2021. Following the removal of occupancy limits statewide, Portland, Oregon, adopted a new Group Living definition based on the number of bedrooms within the dwelling unit rather than the number of unrelated occupants. The City of Dallas references the Texas Property Code (a maximum occupancy of three times the number of bedrooms) to set its occupancy limit. Similarly, San Antonio references the International Property Maintenance Code occupancy limit based on the size of sleeping rooms.
Answered: 11/22/2023 03:14 PM
40 Mushtaler 11/06/2023 Utilities and Infrastructure
Will separate water/sewar/utility permits and taps be required? How has AW assessed the existing infrastructure and how do we know it can accommodate a tripling of demand in some areas?
Posted
Austin Water is currently working with the City’s Planning Department and other departments to identify the necessary public utility and plumbing arrangements needed to accommodate the development density anticipated as a result of the HOME amendments. Property size, lot geometry, development configuration, building typology and other site restrictions will all affect the type of public utility and plumbing service approach that will be required to meet the HOME amendments. While it would be best practice for each new unit on a single lot to have its own water and wastewater service lateral from the main line, in some cases (very small lots, trees, other utilities, limited ROW, driveways, flag lots, etc.), it may become necessary to consider master water meters with shared private side plumbing and a combined wastewater connection to the main line. Please see discussion in response to a question from Commissioner Shaw regarding density impacts to publicly owned water and wastewater utility lines.

For Austin Energy, the potential exists for additional service drops from an existing electric utility line to a new customer premise; the potential also exists for an entirely new electric utility line, dependent on the area and the level of densification. Increase densification could lead to a need for additional resources and infrastructure; the costs and amount of needed resources would ultimately be determined by a number of factors including area and the percent uptake of densification. This determination would be made during the electric utility design process.

Answered: 11/14/2023 02:31 PM
41 Mushtaler 11/06/2023 Utilities and Infrastructure
Will Neighborhood Traffic Analyses be required? How will transportation know that our roads can accommodate ingress/egress, particularly in light of parking changes? First responder access? What will be used to trigger requirement of second ingress/egress?
Posted
No transportation analysis would be required for developments of this size. the current threshold for requiring any type of transportation analysis is 300 new daily trips, which corresponds to roughly 27 detached dwelling units. The purpose of transportation analysis for new development is to anticipate significant new volumes that might affect travel conditions after a development begins operation. Per typical vehicle trip generation methodologies, each additional unit would create one additional vehicle trip during the peak hour. It is unlikely that so many new units would come online at the same time to significantly affect congestion on a corridor or at nearby intersections as can occur with development of intensities requiring full transportation analyses.

The Transportation and Public Works Department regularly reviews congestion and intersection operations and would be able to respond to changing conditions as they arise, including needs for new traffic signals or intersection control to aid movements to and from different roadways. We regularly coordinate with Austin Fire Department about street conditions, including design, vehicle demand, and on-going congestion issues. We will respond to changing conditions as they are identified by TPW, AFD, and our community members.

Answered: 11/09/2023 03:02 PM
42 Mushtaler 11/06/2023 Cost/Affordability
Our city is woefully unprepared for a catastrophic wildfire. AFD has previously testified about single home capacity to combat a fire in zoning cases, how will we ensure fire safety? I referenced insurers pulling out of our markets and explained that if home owners cannot secure property insurance (major carriers no longer underwriting for properties > $750K), they cannot secure a mortgage or bank loans. I stated that these elements are driving up costs and this will create scenarios that are only open to developers or entities with access to private capital.
Posted
In Wildland-Urban Interface (WUI) areas, the WUI code will be applied, requiring ignition resistant construction standards for all housing units. Residential building codes will require proper spacing of housing units to help reduce the likelihood of structure to structure ignition. It cannot be determined what impact additional units will have on insurability of the properties or the effect on affordability. The Fire Department is actively engaged in possible solutions for insurability concerns with local, state, and national experts to determine next steps.
Answered: 11/10/2023 02:47 PM
43 Mushtaler 11/06/2023 FAR/Size Limits/Design Regulations
Will Watershed please discuss how our drainage systems are prepared to capture runoff and how our infrastructure can accommodate anticipated changes in run-off?
Posted
WPD does not anticipate that the HOME Amendment proposal will substantially change stormwater runoff conditions at a neighborhood scale such that upgrades to storm drainage systems are required. This is not to say that the drainage systems in many of Austin’s neighborhoods are adequate—a number of them are undersized and need upgrading—but just that modest changes in impervious cover will not change these conditions leading to drainage problems and flooding meaningfully above what they are today. These problems require a capital solution whether or not the HOME Amendments are enacted. Moreover, Phase 1 of the HOME Amendment proposal does not increase allowable impervious cover.
Answered: 11/10/2023 02:48 PM
44 Shaw 11/07/2023 FAR/Size Limits/Design Regulations
What is the distribution lot sizes broken down for each of the SF1, SF2, and SF3 zoned properties in the following lot square footage ranges: <5750 SF, >5750 and <7500, >7500 and < 10,000, >10,000 to <12,000, and >12,000. Can you provide this data by Council District?
Posted
Answer Shaw #44
Answered: 11/16/2023 08:48 AM
See attached tables.
Answered: 11/16/2023 08:50 AM
45 Shaw 11/07/2023 FAR/Size Limits/Design Regulations
Please confirm that Subchapter F 450 square footage exemption from gross square footage calculations is for detached garages and not fully enclosed garages.
Posted
A single 450 sf exemption may be taken in three ways:
  • A detached rear parking area (no enclosure requirement) that is separated from the principal structure by not less than 10 feet.
  • A rear parking area (no enclosure requirement) that is 10 feet or more from the principal structure, provided that the parking area is either:
    • detached from the principal structure (meaning it could be attached to an accessory structure or secondary dwelling unit); or
    • attached by a covered breezeway that is completely open on all sides, with a walkway not exceeding 6 feet in width and a roof not exceeding 8 feet in width.
  • A carport that is open on two or more sides, if:
    • it does not have habitable space above it; and
    • the open sides are clear and unobstructed for at least 80% of the area measured below the top of the wall plate to the finished floor of the carport
Answered: 11/10/2023 02:57 PM
46 Shaw 11/07/2023 General
Will Subchapter F 200 square footage exemption for meting minimum required parking go away due to recent removal of parking minimums?
Posted
With removal of parking minimums, the exemption will only apply to parking area used to meet the minimum accessible spaces requirement. One accessible parking space per site will generally be required for small-scale residential projects like those developed under Single-Family Residential Use, Duplex Residential Use, Two-Unit Residential Use, and Three-Unit Residential Use. This requirement can be met by providing either an on-street or off-street space.
Answered: 11/14/2023 02:31 PM
47 Shaw 11/07/2023 FAR/Size Limits/Design Regulations
What is an estimated range of FAR and square footages that could be achieved from attic space exemptions in Subchapter F?
Posted
This would be entirely dependent on the lot area and conditions. On smaller infill lots, a typical exempted attic may be a few hundred square feet. On larger lots, an exempted attic could be much larger.
Answered: 11/10/2023 02:48 PM
48 Shaw 11/07/2023 FAR/Size Limits/Design Regulations
Can you provide separate data for SF1, SF2 and SF3 zoned lots, the following information by Council District? 1) number of lots with a single detached unit, 2) number of lots with duplex or two-family residential, 3) number of lots with single detached unit and separate accessory dwelling unit, and 4) number of lots with 3 units?
Posted
See attachment.
Answer Shaw #48
Answered: 11/16/2023 08:56 AM
49 Shaw 11/07/2023 General
Can driveways be in located in side yard setbacks?
Posted
Yes.
Answered: 11/10/2023 02:49 PM
50 Haynes 11/07/2023 FAR/Size Limits/Design Regulations
Can you please provide me with an update of similar numbers for 2023 in terms of residential construction permits? Have you seen an increase this year? How about single-family residential? Also, how many ADU permits or second dwellings on a lot have your folks processed?
Posted
See attachment.
Answer Haynes #50
Answered: 11/16/2023 09:00 AM
51 Haynes 11/07/2023 Duplex Regulations
In terms of multi-family residential, are those increasing? Specifically, can you break down the multi-family residential into separate categories? How many duplexes, tri-plexes, townhomes, small unit apartments (under 10 or 20 or a category where you break that down) and finally big projects like a downtown high rise?
Posted
See attachment.
Answer Haynes #51
Answered: 11/16/2023 09:00 AM
52 Haynes 11/07/2023 Cost/Affordability
Have you seen a slow-down in applications because of rising interest rates recently? Or, are things still flying out the door as quickly as before?
Posted
See attachment.
Answer Haynes #52
Answered: 11/16/2023 09:01 AM
53 Haynes 11/07/2023 Occupancy Limits
Please help clarify what happens in a group setting of less than 16 persons? We are changing the def of 'Group Residential' to a dwelling with 16 or more individuals, but eliminating 'Family Home', 'Group Home', 'Group Home Class I', and 'Group Home Class II'. All of these categories had provisions for dwellings with fewer than 16. How will a group home with fewer than 16 individuals be zoned if HOMES passes?
Posted
Households that do not meet the proposed definition for Group Residential would fall under the Single-Family Residential land use category and would be permitted in all zoning districts where this use is currently permitted.
Answered: 11/10/2023 02:58 PM
54 Pool 11/07/2023 Cost/Affordability
The Affordability Impact Statement for the HOME initiative does not include an analysis on the opportunity cost of doing nothing. In other words, what is the impact to middle-class households and to Austin’s housing affordability in the long-term if single-family zoning districts remain low density?
Posted
  • According to the US Census, 44.8%, or almost half of all housing units in the City of Austin are detached single-family houses.
    • 1) As indicated in a recent report developed by city staff and UT researchers, single family homes are the most expensive housing type.
    • 2) Attached duplexes and triplexes have lower development cost per unit than developing single family housing ($400,000 per unit for duplexes compared to nearly $800,000 for single-family homes). In addition to single-family homes being the most expensive, only allowing one house on a lot constrains the supply of housing and increases the competition between buyers, which raises the rent and sale prices, ultimately increasing the cost.
  • Zoning restrictions, such as minimum lot sizes and prohibitions on multi-family homes, adversely affect affordability by limiting the types and amount of housing allowed on a lot.
  • If the City of Austin does nothing to enable cheaper development typologies, current trends will likely continue. The average new homes size is 3,072 sq. ft. in 2023, which is out of reach for low-and-middle-income Austinites.
  • In addition to increased costs, areas limited only to single-family homes to the exclusion of multifamily can limit access to schools, parks, grocery stores and many other community amenities. Even if a student can transfer schools, the additional transportation costs and travel time can create a burden for the household and caregivers.
  • There is also an environmental cost to maintaining the status quo. Imagine Austin identifies increasing Austin’s density, specifically through infill development, as a vital component of sustainable growth. Dense development patterns allow for more efficient transit and utility delivery relative to low-density patterns.
Answered: 11/22/2023 03:18 PM
55 Pool 11/07/2023 Cost/Affordability
What impact would there be on the affordability analysis of the HOME initiative to applying a house size constraint, such as a limit on “Floor-to-Area” allowances? An amendment to limit the FAR allowance is being crafted in collaboration with staff and community experts in time for the upcoming Planning Commission discussion on November 14.
Posted
  • Relative to current conditions and the current proposal, adding a house size constraint would increase the likelihood that the proposal will provide housing accessible to middle-income households, because smaller units typically sell for less on the market.
  • A size constraint would be most likely to achieve this outcome if it were calibrated to encourage attached duplexes and triplexes, which are often cheaper to build and purchase than detached structures.
  • To incentivize the construction of more, smaller units, the FAR should consider both the size of the lot and the number of units.
Answered: 11/22/2023 03:19 PM
56 Pool 11/07/2023 Cost/Affordability
What impact would a Preservation Incentive have on the affordability and displacement analysis of the HOME initiative if it encourages homeowners to save their existing house with meaningful incentives and allowances? An amendment to offer a preservation incentive is being crafted in collaboration with Preservation Austin and council offices in time for the upcoming Planning Commission discussion on November 14.
Posted
In general, a preservation incentive would reduce the likelihood that renters and homeowners would be displaced from single-family homes. A preservation incentive would have the greatest impact if targeted to geographies with high concentrations of populations vulnerable to displacement.
Answered: 11/22/2023 03:19 PM
57 Pool 11/07/2023 2-Unit Regulations
Why did staff remove the prohibition on “Short-Term Rentals” from Two-Unit Residential Use?
Posted
See Watson #19. Under the current code, only one unit of a two-unit residential use may be used as a STR for 30 days of the year. The proposed staff and Planning Commission recommendations remove this limitation. Staff recommends addressing STR limitations for these typologies as part of a holistic update to the City’s STR regulations.
Answered: 11/22/2023 03:19 PM
58 Mushtaler 10/26/2023 General
Provide information about how dividing up property and adding additional units for future property owners/ renters. How would a condominium development work?
Posted
A "condominium regime" is a method of ownership used to locate multiple units on a lot, without subdividing the lot into smaller lots. Condominium regimes are authorized by state law and are created through legal documents executed by property owners. Subdivision is subject to city regulations, and all lots resulting from a subdivision must meet minimum lot area requirements, which could be revised in Phase 2 of HOME amendments.
Answered: 11/09/2023 03:01 PM
59 Haynes 11/09/2023 General
Does the City of Austin have a duty during either the permitting of a new construction, a rebuild, or a remodel to research whether the owner/builder is in compliance with licenses related to the construction? If so, does this same standard apply to contracts with the owner/builder?
Posted
To obtain building or trades permits from DSD, the contractor has to register with the City. Part of the registration process is verifying any required licensing.

The City isn’t involved in any contract issues with the owner/ builder. Any contract disputes would be a private, civil issue between the parties.
Answered: 11/09/2023 03:05 PM
60 Haynes 11/08/2023 General
I am particularly interested in staff's analysis of the last article that indicates the main reasons for affordability increases in rents in Minneapolis are due to rent controls and reserving up to 35% of the units under the affordability programs.? Does the HOME resolution contain similar provisions??
Posted
The HOME resolution does not require a percentage of units to be affordable or institute a rent-control program. Minneapolis’ Inclusionary Zoning program applies to developments with 20 or more residential units. We are not aware of any rent-control measures in Minneapolis; however, we understand that rent stabilization legislation is currently under review.
Answered: 11/10/2023 03:00 PM
61 Shaw 11/10/2023 General
From Planning Commission Working Group: Please provide additional data and best practices information
Posted
See attachment.
Answer Shaw #61
Answered: 11/16/2023 09:02 AM
62 Hempel 11/13/2023 Utilities and Infrastructure
Can the code that is currently being proposed for updating the number of unrelated adults living in a house also contain a requirement to build out sidewalks for the property/properties that will have an increased number of people living in them, or would that live elsewhere in the code?
Posted
Sidewalk installation is required for a building permit that includes the construction of a new building, an addition to an existing building that increases the building's gross floor area by 50 percent or more, or a relocation permit to move a building from one site to another with exceptions that allow for a payment of fee-in-lieu of sidewalk installation as described in §25-6-353. There are no existing or proposed mechanisms to require sidewalks based on the number of occupants of a dwelling unit.
Answered: 11/14/2023 02:50 PM
63 Phillips 11/10/2023 Cost/Affordability
In laying out the HOME initiative, the city used the phrase “housing affordability” and dozens of the people at the public hearling also used that phrase or similar ones, such as “affordable housing,” or “affordability.” Yet, the City staff did not or has not defined “housing affordability,” which can mean different things to different people. Question to COA: Please define affordability so we all –as well as the public -- are working with the same definition.
Posted
The Housing Department uses the definition of housing affordability from Imagine Austin Priority Program 6: Develop and maintain household affordability throughout Austin (P. 201 of Imagine Austin, p. 217 of the PDF): “…a comprehensive approach is needed to define and provide household affordability for Austinites. Such an approach must take into consideration transportation, utilities, and access to daily and weekly needs as essential and inter-related components of household affordability." In resolution 20230720-126 initiating the HOME amendments, City Council indicated the desire to promote attainable and diverse housing opportunities for residents of all income levels by increasing the ability to construct smaller house scale forms such as townhouses, row houses, and tri-plexes and by incrementally increasing the number of units allowed inside neighborhoods.
Answered: 11/14/2023 02:32 PM
64 Phillips 11/10/2023 Cost/Affordability
Follow-up question: Please be specific in the definition, meaning the cost/price of “housing affordability” or “affordable housing,” the HOME initiative would yield if adopted? And the income level targeted for “housing affordability” or “affordable housing,” such as 60 percent of the MFI or 80 percent, 100 percent of the MFI?
Posted
While the HOME Amendments could result in a reduction in the cost of housing units by allowing construction of smaller housing units, the proposed code changes do not include any density bonus or other incentive-based regulation that would require a particular level of affordability.
Answered: 11/14/2023 02:33 PM
65 Phillips 11/10/2023 Cost/Affordability
Does the HOME Initiative require/guarantee affordable housing? Does it have any criteria for “housing affordability?” If so, what amount of affordability does the HOME proposal require?
Posted
The HOME resolution does not require a percentage of units to be affordable.
Answered: 11/14/2023 02:33 PM
66 Phillips 11/10/2023 Cost/Affordability
Can the COA provide us with data from other cities that implemented similar initiatives (based on increasing density in SF zoned neighborhoods) that show that those initiatives produced significant affordable housing? And what was the impact on Black and Brown communities? Were those communities displaced or further displaced? Did their property taxes rise significantly?
Posted

Staff has compiled a list of cities and states that have enacted similar policies. Data is not readily available regarding the outcomes.

Cities:
Minneapolis, MN: In 2019, Minneapolis voted to allow at least three homes on every residential lot in the city.
St. Paul, MN: In October 2023, St. Paul approved changes to zoning regulations to allow at least four homes to be built on any residential lot in the city.
Charlotte, NC: Charlotte’s new Unified Development Ordinance, passed in 2022, legalized duplexes, triplexes and fourplexes on all single-family zoned properties.
Raleigh, NC: Raleigh in 2021 and 2022 voted to allow accessory dwelling units and tiny homes on all single-family lots, and duplexes on nearly all single-family lots
Arlington, VA: Arlington, VA voted in March 2023 to allow up to six units on any residential lot.
Portland, OR: In response to a 2019 state law, the City of Portland adopted the Residential Infill Project in 2022 which allowed for a greater diversity of housing choices, including duplexes, triplexes, fourplexes, cottage courts and townhomes within single-family zoning districts.

States:
Oregon: In 2019, Oregon passed House Bill 2001, which required cities with a population greater than 25,000 to allow people to build duplexes, triplexes, fourplexes, cottage clusters, and townhouses in residential areas.
California: Senate Bill 9, which took effect in 2022, allows California homeowners to split their lot and build up to four homes on a single-family parcel.
Montana: Montana in 2023 passed SB 323, which requires that duplex housing be allowed on any lot where a single-family residence is permitted, and that zoning regulations applying to the development or use of duplex housing cannot be more restrictive than zoning regulations that are applicable to single-family homes.
Answered: 11/14/2023 02:33 PM
67 Phillips 11/10/2023 General
Has the COA done an analysis of how the HOME initiative would impact voting rights/voting strength of Black People and Brown People? Already the Black population is shrinking percentage wise and that is changing the demographics of the electorate under current zoning and development and that has had – and continues to have -- a direct impact on the current structure of governance under the Council’s single-member zoning, specifically District 1 that was drawn to elect African American leadership or leadership determined by the African American community. Would the HOME initiative eviscerate protected seats, such as District 1, or at the very least undermine the votes and voices of Black people in having a say in their elections?
Posted
Staff has not conducted this analysis, and such an analysis would be difficult to design in a way that would lead to conclusive and/or accurate projections of potential impacts based on available data.
Answered: 11/14/2023 02:34 PM
68 Phillips 11/10/2023 General
How would it impact the voting strength of Black and Brown People on other elections for AISD, County Commissioner, Constable, or any other election that depend on single-member-districts?
Posted
Staff has not conducted this analysis, and such an analysis would be difficult to design in a way that would lead to conclusive and/or accurate projections of potential impacts based on available data.
Answered: 11/14/2023 02:34 PM
69 Phillips 11/10/2023 General
How has the current zoning code from current development impacted voting strength of Black and Brown people? What’s the historic data show?
Posted
Staff has not conducted this analysis, and such an analysis would be difficult to design in a way that would lead to conclusive and/or accurate descriptions of causal relationships.
Answered: 11/14/2023 02:34 PM
70 Phillips 11/10/2023 General
How would the HOME Initiative impact Austin’s tree cover and particularly in areas that likely would be affected the most? Would this plan recognize racial equity in ensuring that tree cover and other green spaces are not diminished in communities of color or underserved neighborhoods?
Posted
Phase 1 of the HOME initiative changes would not impact allowed impervious cover and all tree preservation requirements would continue to apply during the development process. In general, these changes would impact a larger percentage of land area outside of displacement risk areas, 19.1% of total land area, compared to 8.5% of total land area within displacement risk areas because SF1, SF2, and SF3 zones are the more dominant zoning classification in historically exclusionary areas. The City of Austin’s Community Tree Preservation Division uses a tool called the Community Tree Priority Map to address tree equity disparities in Austin. The tool analyzes nine environmental and social equity data layers across categories of Environment, Social Vulnerability, Community Investment, and Health & Well-Being. Based on this information, neighborhoods with low tree canopy and high occurrences of flooding, for example, are prioritized for tree planting, urban forest stewardship, and grant funding. The map ensures most of the trees planted and distributed, on an annual basis, go to high-priority areas. For more information about the map, please visit here
Answered: 11/30/2023 09:18 AM
71 Phillips 11/10/2023 General
Many African Americans have posed this question to me and I’m posing to the City: Why is the COA and the Council engaging in a process regarding the HOME Initiative that has the result of excluding Black and Brown people in decisions that affect their homes and property by having so few public meetings (that are located downtown), with very little if any outreach to underserved/marginalized and Communities of Color? Why aren’t COA officials doing outreach or public hearings that reach Black and Brown people where they are, such as in their communities, in their churches, in their neighborhood schools, at Huston-Tillotson University, ACC Highland, or ACC Riverside? Why is the process happening as communities prepare for holidays and therefore are even more overloaded and overworked than usual in terms of time? Related to this is that D-1 residents (the district with the largest concentration of Black people) have noted that they currently are without representation during public hearings and as this is progression and why this is being done at this time and at this pace?
Posted
As directed by Ordinance 20230921-055, the Planning Commission and City Council conducted a Joint Public Hearing on October 26. The City informed the public about proposed changes and the related public hearings by mailing a notification postcard in English and Spanish to every property owner and utility account holder in Austin. Additionally, the City has provided information via its social media channels and created a website (https://publicinput.com/ldcupdates) where residents can provide input. Staff have also been responding to emails and phone calls about the proposal, gathering input through the website, and hosted an informational open house at the Central Library on November 6, 2023. Staff do not have the capacity to attend individual neighborhood organization meetings as part of this process.
Answered: 11/14/2023 02:40 PM
72 Phillips 11/10/2023 General
What is Austin’s current housing surplus for single family homes, duplexes, condos, apartments? Please specify by category.
Posted
See attachment.
Answer Phillips #72
Answered: 11/16/2023 09:02 AM
73 Phillips 11/10/2023 Cost/Affordability
Currently, does Austin have a surplus of housing or shortage of housing?
Posted
The City of Austin outlined its housing production and affordability goals in the Austin Strategic Housing Blueprint (2017). The Blueprint set goals for the production of market-rate and affordable housing units on a Council District basis. According to the 2021 Strategic Housing Blueprint Scorecard , it indicated that 35,244 housing units were built from 2018-2021 out of the ten year goal of 135,000 units.
Answered: 11/14/2023 03:23 PM
74 Phillips 11/10/2023 Cost/Affordability
What analysis, data, facts, or evidence is there to buttress the conclusion that up-zoning or increasing density results in significantly more housing supply to meet the demand for “housing affordability” without requirements for “housing affordability?”
Posted
Staff does not have the capacity to complete a thorough analysis of research on this topic at this time.
Answered: 12/05/2023 09:20 AM
75 Phillips 11/10/2023 Utilities and Infrastructure
Questions and concerns have been raised about fire, EMS and traffic. Has the City addressed those concerns yet? How would more units impact neighborhood traffic? Parking?
Posted
The Transportation and Public Works Department (TPW) regularly reviews congestion and intersection operations and would be able to respond to changing conditions as they arise, including needs for new traffic signals or intersection control to aid movements to and from different roadways. TPWD regularly coordinates with Austin Fire Department about street conditions, including design, vehicle demand, and on-going congestion issues. We will respond to changing conditions as they are identified by TPW, AFD, and our community members.
Answered: 11/30/2023 09:19 AM
76 Phillips 11/10/2023 Cost/Affordability
Does the HOME Initiative build in affordability through any identifiable mechanism?
Posted
The goal of the HOME initiative is to increase the supply of housing to allow additional homes in single-family neighborhoods and incentivize smaller, more affordable homes. The mechanisms that could increase affordability are as follows:
  • All else being equal, two or three homes on a lot will have lower land costs, and therefore lower per unit development costs, than one unit on the same lot.
  • Unit size limiters, such as FAR requirements, would decrease the allowable unit sizes, leading to smaller, and potentially less expensive homes.

See additional information in the Affordability Impact Statement
Answered: 11/14/2023 03:24 PM
77 Phillips 11/10/2023 General
How would the HOME Initiative impact Short Term Rentals?
Posted
These housing units will be subject to the City’s existing STR regulations so a property owner will be required to obtain a license to use the unit as a STR and submit hotel occupancy taxes. A housing unit that is used as a STR may not pose a hazard to life, health, or public safety. Staff recommends addressing STR limitations for these typologies as part of a holistic update to the City’s STR regulations.
Answered: 11/14/2023 02:46 PM
78 Phillips 11/10/2023 General
How would the HOME Initiative impact the Austin Independent School District’s enrollment and in particular the district’s Black and Brown students? Would it accelerate the displacement of Black and Brown students from AISD schools, and therefore decrease enrollment of those populations?
Posted
City of Austin staff have not conducted this analysis. The Austin Independent School District develops enrollment projections based on a number of factors including past demographic trends and the forecast growth in housing units. (See: https://www.austinisd.org/planning-asset-management/district-demographics) The changes proposed as part of the HOME initiative would result in an increase in zoning unit capacity within the Austin Independent School District.
Answered: 11/14/2023 02:47 PM
79 Phillips 11/10/2023 General
Define “Middle Income,’’ in terms of income?
Posted
The Strategic Housing Blueprint defines middle-income as income ranges from 80% to 120% area median family income. According to HUD's Federal Eligibility Income Levels, for a household size of four, the 2023 area median family income ranges for 80% to 120% would be $93,450 to $146,000 a year.
Answered: 11/14/2023 02:47 PM
80 Phillips 11/10/2023 General
Where is the shared sacrifice in the HOME Initiative that shows that all Council Districts will be impacted equitably?
Posted
See attachment.
Answer Phillips #80
Answered: 11/30/2023 09:20 AM
81 Phillips 11/10/2023 Cost/Affordability
What financial instruments can homeowners, especially lower-income homeowners, take advantage of to build more units on their properties, (such as forgivable loans or low interest loans) that would provide equity in the HOME Initiative?
Posted
Staff does not have the capacity to provide a detailed answer to this question at this time but would like to continue to explore financing tools available to low-income homeowners.
Answered: 12/05/2023 09:21 AM
82 Phillips 11/10/2023 General
Are there any guard rails regarding speculators in protecting marginalized communities that are concerned about their ability to maintain generational home ownership?
Posted
While there is limited ability under State Law to regulate development speculation, the City of Austin has created multiple programs that are designed to help lower-income home owners stay in their homes and to combat displacement. Visit the Housing Department’s website for Homebuyer & Homeowner Resources, Emergency Housing Assistance programs, and Austin Is My Home.
Answered: 11/14/2023 02:50 PM
83 Phillips 11/10/2023 General
Are there any regulations in the HOME for STRs? How many STRs does Austin have and what is their impact on long-term renters or in removing housing stock from the market for long-term renters?
Posted
These housing units will be subject to the City’s existing STR regulations so a property owner will be required to obtain a license to use the unit as a STR and submit hotel occupancy taxes. A housing unit that is used as a STR may not pose a hazard to life, health, or public safety. Staff recommends addressing STR limitations for these typologies as part of a holistic update to the City’s STR regulations.
Answered: 11/14/2023 02:50 PM
84 Mushtaler 11/14/2023 Duplex Regulations
What are the duplex limiters?
Posted
The Duplex Residential Use limiters include:
  • A minimum lot area of 5,750 square feet.
  • A minimum lot width of 50 feet
  • Maximum building cover of 40%
  • Maximum impervious cover of 45%
  • The two units must have a common roof
  • The units may not be separated by a breezeway, carport, or other open building element.
Answered: 11/14/2023 02:30 PM
85 Kelly 11/14/2023 Utilities and Infrastructure
How will the proposed increase in housing units on single-family lots affect the existing infrastructure, such as roads, water, and sewage systems?
Posted
The City continuously monitors and responds to changing demand for infrastructure improvements. See Shaw #25 and Kelly #34 for more information.
Answered: 12/02/2023 01:44 PM
86 Kelly 11/14/2023 General
Have any studies or assessments have been conducted to evaluate the impact of this proposal on traffic congestion, road safety, and public transportation in the city?
Posted
The City continuously monitors and responds to changing demand for infrastructure improvements. The Transportation and Public Works Department (TPW) regularly reviews traffic congestion and intersection functionality and remains adaptable to emerging challenges, such as the need to install new traffic signals or intersection control measures to enhance traffic flow. TPW’s ongoing collaboration with the Austin Fire Department ensures it stays informed about street conditions, vehicle demand, and ongoing congestion issues. The City will respond to changing conditions as they are identified by community members. Furthermore, the City is currently constructing and planning many street improvements across the city to increase mobility for all road users, including drivers, pedestrians, and cyclists, following the Austin Strategic Mobility Plan.
Answered: 12/02/2023 01:43 PM
87 Kelly 11/14/2023 General
Are there examples from other cities that have implemented zoning reforms such as this proposal that I could review?
Posted
See Kelly #1. Staff has compiled a list of cities and states that have enacted similar policies. Data is not readily available regarding the outcomes.

Staff has compiled a list of cities and states that have enacted similar policies. Data is not readily available regarding the outcomes.

Cities:
Minneapolis, MN: In 2019, Minneapolis voted to allow at least three homes on every residential lot in the city.
St. Paul, MN: In October 2023, St. Paul approved changes to zoning regulations to allow at least four homes to be built on any residential lot in the city.
Charlotte, NC: Charlotte’s new Unified Development Ordinance, passed in 2022, legalized duplexes, triplexes and fourplexes on all single-family zoned properties.
Raleigh, NC: Raleigh in 2021 and 2022 voted to allow accessory dwelling units and tiny homes on all single-family lots, and duplexes on nearly all single-family lots
Arlington, VA: Arlington, VA voted in March 2023 to allow up to six units on any residential lot.
Portland, OR: In response to a 2019 state law, the City of Portland adopted the Residential Infill Project in 2022 which allowed for a greater diversity of housing choices, including duplexes, triplexes, fourplexes, cottage courts and townhomes within single-family zoning districts.

States:
Oregon: In 2019, Oregon passed House Bill 2001, which required cities with a population greater than 25,000 to allow people to build duplexes, triplexes, fourplexes, cottage clusters, and townhouses in residential areas.
California: Senate Bill 9, which took effect in 2022, allows California homeowners to split their lot and build up to four homes on a single-family parcel.
Montana: Montana in 2023 passed SB 323, which requires that duplex housing be allowed on any lot where a single-family residence is permitted, and that zoning regulations applying to the development or use of duplex housing cannot be more restrictive than zoning regulations that are applicable to single-family homes.
Answered: 11/22/2023 03:20 PM
88 Kelly 11/14/2023 Cost/Affordability
Are there plans in place to upgrade or expand infrastructure to accommodate the potential increase in population and housing units, and who will bear the cost of these upgrades?
Posted
The City continuously monitors and responds to changing demand for infrastructure improvements. The City primarily uses bonds and fees on new development to fund infrastructure improvements. Also, see Shaw #25 for more information.
Answered: 11/22/2023 03:21 PM
89 Kelly 11/14/2023 FAR/Size Limits/Design Regulations
How will the HOME initiative address potential fire hazards, especially in areas prone to wildfires such as Firewise communities?
Posted
In Wildland-Urban Interface (WUI) areas, the WUI code will be applied, requiring ignition resistant construction standards for all housing units. Residential building codes will require proper spacing of housing units to help reduce the likelihood of structure to structure ignition.
Answered: 11/22/2023 03:21 PM
90 Kelly 11/14/2023 FAR/Size Limits/Design Regulations
Are there measures considered for the proposal to ensure that new housing units meet fire safety standards and that there is adequate access for emergency services in the affected neighborhoods?
Posted
Fire, WUI, and building codes will still apply. Zoning changes do not directly impact the code and separation distance and access to the property will still have to meet code standards. Adequate emergency service needs may increase with any increased population. AFD will continue to monitor trends and request resources in areas experiencing increased call volumes.
Answered: 11/22/2023 03:21 PM
91 Kelly 11/14/2023 FAR/Size Limits/Design Regulations
Will there be increased requirements for wildfire mitigation, such as clearing vegetation and implementing fire-resistant building materials, in fire-prone areas?
Posted
The current codes will require ignition resistant construction in WUI areas. To our knowledge, there are currently no plans to implement new policies or codes related to vegetation removal.
Answered: 11/22/2023 03:22 PM
92 Kelly 11/14/2023 FAR/Size Limits/Design Regulations
What provisions are included in the proposal to protect natural areas and open spaces from development and ensure that they are not contributing to wildfire risks?
Posted
The Wildland Urban Interface (WUI) (https://www.austintexas.gov/department/wildland-urban-interface-code) code continues to apply and these proposed amendments will not supersede the WUI code. Protection of natural areas is not related to this particular zoning change at this time. The AFD Wildfire staff continue to stay engaged area wide on mitigation issues.
Answered: 11/22/2023 03:23 PM
93 Kelly 11/14/2023 FAR/Size Limits/Design Regulations
How will the proposal address the potential strain on emergency services, including fire and ems departments, given the potential increase in housing units and population density?
Posted
Emergency service needs may increase with any population increase. Our emergency services departments, including police, fire, and EMS departments will continue to monitor trends and request resources as needed with increased call volumes. The unknown increase in future density makes it difficult to predict future call volume. Staff will monitor new permit applications and the corresponding increase in responses to all affected areas and adjust as needed.
Answered: 11/22/2023 03:24 PM
94 Kelly 11/14/2023 General
Have experts in fire and emergency management been consulted to assess the potential risks and challenges related to fire safety in the city, where this proposal would be implemented?
Posted
Austin Fire Department’s Fire Marshal serves as the City’s expert on fire and emergency management. The Fire Marshal’s Office has been included and consulted on the proposed amendments.
Answered: 11/22/2023 03:24 PM
95 Kelly 11/14/2023 FAR/Size Limits/Design Regulations
What contingency plans are in place to address emergencies like wildfires, and how does the proposal ensure that residents will be adequately informed and prepared for such events?
Posted
The city has conducted a robust and thorough analysis of wildfire risk and the potential impact unrelated to this particular code change. Third party analysis has reinforced the findings of these assessments. AFD continues to support Homeland Security and Emergency Management in their efforts to develop better and more comprehensive notification and evacuation plans. Emergency plans are in place and work toward improving safety and evacuation continues.
Answered: 11/22/2023 03:24 PM
96 Ellis 11/14/2023 General
Will code changes called for in the HOME initiative change the enforceability of pre-existing annexation agreements or other negotiated settlement agreements?
Posted
These amendments will not change the enforceability of pre-existing agreements.
Answered: 12/06/2023 03:34 PM
97 Barrera-Ramirez 11/14/2023 General
Will floodplain protections be weakened or changed by the HOME Amendments?
Posted
No, 25-7-93(A)(2) prohibits additional residential dwelling units in the 100 year floodplain. If there is an existing single family residence, they can demolish and rebuild above the floodplain, but they would not be able to add more units than what already exists without a City Council approved floodplain variance.
Answered: 11/16/2023 08:45 AM
98 Barrera-Ramirez 11/14/2023 General
How do the HOME Amendments relate to or impact our current floodplain studies?
Posted
City of Austin floodplain models are based on existing impervious cover entitlements (the maximum allowable build out condition). Since the current proposal (Phase 1 HOME ordinance) does not change the maximum allowable impervious cover for single family lots, there will be no change to the floodplain studies. Should additional impervious cover entitlements be considered for the Phase II HOME ordinance, WPD will make recommendations to help address drainage and floodplain concerns.
Answered: 11/16/2023 08:46 AM
99 Alter, A 11/21/2023 FAR/Size Limits/Design Regulations
In the response to Question 38, staff indicated that a variety of alternatives could be considered for limiting the mass of structures, other than compliance with City Code Chapter 25-2, Subchapter F (Residential Design & Compatibility Standards). Examples include application of: (1) a maximum floor-to-area ratio (“FAR”) limit, to be calculated in a more streamlined manner than currently used under Subchapter F; and/or (2) limits on vertical mass of structures near lot lines consistent with objectives of current Subchapter F tent, but simpler and more streamlined. Each of these options could be graduated to incentivize multiple units of a moderate scale, if desired. Does staff have a specific recommendation or ideas for consideration on how we could calibrate these graduations in order to incentivize multiple units of moderated scale so that Council can consider their professional perspective?
Posted
Staff have offered two potential alternatives to the Planning Commission's recommendations regarding FAR that could incentivize smaller units: 1) include the square footage of garages and carports in FAR calculations; 2) lower the allowable FAR for two-unit developments from 0.55 to 0.50. Council could consider adopting one or both options. See the Dec. 1 HOME Amendments Considerations Memo for more information.
Answered: 12/05/2023 09:16 AM
100 Alter, A 11/27/2023 General
Please provide modeling based on the recommendations approved by the Planning Commission, including modeling for the proposed Preservation Bonus and Sustainability Bonus.
Posted
See attachment.
Answer Alter #100
Answered: 12/02/2023 01:51 PM
101 Alter, A 11/27/2023 General
Please provide any available information on staff agreement or staff concerns with any of the proposed recommendations from the Planning Commission.
Posted
See HOME Amendments Considerations memo, Dec. 1, 2023
Answered: 12/04/2023 02:47 PM
102 Alter, A 11/27/2023 General
Please provide any available information on staff agreement or staff concerns with any of the proposed recommendations from the Austin Chapter of the American Institute of Architects, AIA Austin.
Posted
See HOME Amendments Considerations memo, Dec. 1, 2023
Answered: 12/04/2023 02:47 PM
103 Phillips 11/30/2023 FAR/Size Limits/Design Regulations
If all neighborhoods/lots have similar/equitable FAR controls that govern or at best would provide guidance on the maximum of floor area allowable in a building on a zoning lot?
Posted
The proposed code amendments include development standards for two-unit and three-unit land uses that would apply regardless of location within the city.
Answered: 11/30/2023 09:21 AM
104 Hempel 11/07/2023 General
Will floodplain protections be weakened or changed by the HOME Amendments?
Posted
No, 25-7-93(A)(2) prohibits additional residential dwelling units in the 100 year floodplain. If there is an existing single family residence, they can demolish and rebuild above the floodplain, but they would not be able to add more units than what already exists without a City Council approved floodplain variance.
Answered: 11/30/2023 09:22 AM
105 Cox 11/07/2023 General
How do the HOME Amendments relate to or impact Atlas 14 study?
Posted
City of Austin floodplain models are based on existing impervious cover entitlements (the maximum allowable build out condition). Since the current proposal (Phase 1 HOME ordinance) does not change the maximum allowable impervious cover for single family lots, there will be no change to the floodplain studies. Should additional impervious cover entitlements be considered for the Phase II HOME ordinance, WPD will make recommendations to help address drainage and floodplain concerns.
Answered: 11/30/2023 09:26 AM
107 Vela 11/28/2023 General
What are the Mueller PUD Development standards?
Posted
Answer Vela #107
Answered: 12/02/2023 01:46 PM
108 Vela 11/28/2023 General
What sizes of homes have been built within the McMansion area versus outside the McMansion area? (*Work Session question*)
Posted
See attachment.
Answer Vela #108
Answered: 12/02/2023 01:47 PM
109 Alter, A 11/28/2023 General
Can you add a terrace to the top of your home?
Posted
A rooftop terrace would be allowed under the International Residential Code and would not count towards the number of stories or building height, provided that the terrace is not enclosed, has appropriate egress, and the roof is structurally designed for the additional load. Additionally, the structure could not exceed the allowed height limitation.
Answered: 12/02/2023 01:49 PM
110 Alter, A 11/28/2023 General
What is the staff recommendation for FAR limits? Do our professional staff believe the FAR recommendations from the Planning Commission is the best way to solve our size issue.
Posted
One option that staff believes would further the intent of the HOME initiative is to lower the allowable FAR for two-unit developments from 0.55 to 0.50.

This would more closely approximate existing sizes of two-unit projects while still allowing for the inclusion of garages and carports in FAR calculations. An added benefit of this approach is increasing the likelihood that the Preservation and Sustainability Bonuses will be utilized.
Answered: 12/02/2023 01:53 PM
111 Alter, A 11/28/2023 General
What happens when you get rid of the McMansion tent with a 35 feet height max.?
Posted
Without the McMansion tent, structures would no longer be required to fit within planes that slope inward, which incentivize sloped roofs and facade stepbacks. Structures would be able to build vertically from the setback lines without any sloping or facade stepbacks.
Answered: 12/02/2023 01:54 PM
112 Alter, A 11/28/2023 General
How has the Fire Marshal been involved in evaluating the proposal since the Planning Commission changes?
Posted
Staff has been in communication with the Fire Marshal's office while developing these code amendments. There are a number of responses to Council questions in the Q&A relating to fire safety.
Answered: 12/02/2023 01:54 PM
113 Alter, A 11/28/2023 General
How are spacing of structures within the WUI code being incorporated?
Posted
These changes will not change anything in the technical codes. When we review new developments, we apply all the technical codes that have to be applied, including the International Building Code, the International Residential Code, and the Wildland-Urban Interface Code. These include fire safety regulations such as separation between units or firewalls, among many others. The life safety regulations will still be in place regardless of how many units you put in place.
Answered: 12/02/2023 01:55 PM
114 Harper-Madison 11/28/2023 General
Do the Planning Commission's recommendations address the concerns in the Affordability Impact Statement? If not, the case what considerations should we as a body be taking moving forward?
Posted
The Affordability Impact Statement finds that the proposed code amendments are likely to have an overall positive impact on housing affordability in the city. The Planning Commission recommendations address many of the concerns in the AIS. Please see AIS memo for more details.
Answered: 12/05/2023 03:35 PM
115 Alter, A 11/28/2023 General
Is it my understanding that there will be no FAR limits outside of McMansion? What is the impact of this on house size and affordability?
Posted
Having no FAR requirements outside of the Subchapter F "McMansion" area would allow more gross floor area than would be allowed on an identical lot within the Subchapter F area.
Answered: 12/02/2023 01:56 PM
116 Kelly 11/28/2023 General
Any types of restrictions on STR’s?
Posted
Two-family residential currently includes a short-term rental restriction. The proposed ordinance does not carry over that restriction. However, the standard short-term rental regulations will apply to these uses. The Law Department recommends Council take up the issue of short-term rentals in a holistic way.
Answered: 12/02/2023 01:56 PM
117 Kelly 11/28/2023 General
Do Austin’s current occupancy limits violate the Fair Housing Act?
Posted
No. The City’s zoning occupancy limits, which can be found in City Code Section 25-2-511, comply with the Fair Housing Act. The City grants reasonable accommodations to individuals with disabilities who qualify. If the ordinance passes as proposed on December 7th, the City will no longer have a zoning occupancy limit that regulates the number of unrelated individuals that can reside in a home. The City will still have occupancy regulations in the City’s Property Maintenance Code (Chapter 4, Section 404) that are based on the square footage minimums of a bedroom, which helps ensure health and safety.
Answered: 12/02/2023 01:57 PM
118 Kelly 11/28/2023 General
Does removing occupancy limits affect the registration and inspections done for vulnerable populations such as those that are disabled in group homes or the elderly or halfway houses or even juvenile congregate living spaces? My concern is that those populations are very vulnerable and susceptible to abuse, exploitation, and neglect. Without regular inspections being done because of the removal of occupancy limits, I would be concerned that bad things could happen.
Posted
Although the draft ordinance proposes removing occupancy limits from zoning regulations, occupancy limits will continue to be regulated under the City’s Property Maintenance Code (Chapter 4, Section 404).

The City does not require licenses to operate a home that is occupied by individuals who are disabled or elderly or who reside in a halfway house or juvenile congregate living space. However, the City requires a license to operate a rooming/boarding home, which is a structure occupied by more than six unrelated adults. This includes fraternity and sorority homes, dorms, single-family/duplex/two-family buildings, group residential, and other similar structures that provide housing to more than six unrelated adults.

If Council passes the ordinance as proposed, the license requirement will be applied to structures that house 16 or more adults where food is provided/prepared by a third party.
Answered: 12/02/2023 01:59 PM
119 Kelly 11/28/2023 General
I know that the city does not get involved with deed restrictions or HOA's, but could you explain historically why that is and why other cities across the country may do that? Where we don't as a city or what the, I guess the reasoning for that is?
Posted
Deed restrictions and HOAs are private agreements. They are not required or regulated by the city of Austin. If someone does not comply with their deed restrictions or their HOA requirements, their HOA or neighbors would be responsible for enforcing the requirements.

State law includes a provision that allows cities to enforce private deed restrictions if they have a population of 1.5 million or more, or do not have zoning requirements. To enforce private deed restrictions, the City of Austin would need to give up zoning authority and end enforcement of zoning regulations.
Answered: 12/02/2023 02:00 PM
120 Alter, A 11/28/2023 General
What are the differences in size within McMansion and outside McMansion?
Posted
See Vela #108
Answered: 12/04/2023 09:55 AM
121 Fuentes 11/28/2023 FAR/Size Limits/Design Regulations
What are the impacts of not having FAR requirements in the outer parts of the City?
Posted
See Alter #115
Answered: 12/04/2023 09:55 AM
122 Alter, A 11/28/2023 General
What does staff recommend with the Preservation and Sustainability Bonus?
Posted
See HOME Amendments Considerations memo, Dec. 1, 2023
Answered: 12/04/2023 02:48 PM
123 Watson 10/25/2023 3-Unit Regulations
Is adding three by ordinance for single family zoning considered a change in zoning? Would this be considered a rezoning?
Posted
Changing City Code to allow three units in SF-1, SF-2, and SF-3 is not an individual rezoning of property. Instead, it is a change to a fundamental characteristic of single-family zoning.
Answered: 12/05/2023 09:14 AM
124 Ellis 12/05/2023 General
What, if any, changes to the City Fire Code or Fire Protection Criteria Manual are proposed under HOME?
Posted
No changes to the Fire, Wildland-Urban Interface (WUI), or building codes are proposed as part of HOME. These codes will continue to apply to new development.
Answered: 12/06/2023 03:45 PM
125 Ellis 12/05/2023 General
How will the Development Services Department consult with the Austin Fire Department on new development applications?
Posted
Currently, when an application for a building permit is submitted by the customer, DSD Intake staff members create a plan review folder that is concurrently reviewed by DSD plan review and AFD fire reviewers, if necessary. Residential permit applications that meet the WUI review criteria, require a sprinkler system (townhome or owner voluntary), or are 3600 square feet or larger, are assigned to both departments for review. Once the reviews are completed, rejection comments, if any, are provided to the customer on one consolidated comment report.

Additionally, DSD and Fire inspectors coordinate during the construction phase of a project by using sign off lines on the building permit.

As part of the review process associated with the Home Amendments, DSD and Austin Fire will add additional review criteria, as necessary.
Answered: 12/06/2023 03:44 PM
126 Ellis 12/05/2023 General
How do any new unit allowances apply to property owners in the ETJ?
Posted
No properties in Austin's Extraterritorial Jurisdiction (ETJ) will be affected by the proposed changes, because the City’s zoning regulations do not apply in the ETJ.
Answered: 12/06/2023 03:45 PM
127 Ellis 12/05/2023 General
What is the City’s financial role in enforcing private legal agreements such as deeds restrictions or restrictive covenants of which the City is not part of the legal agreement documents?
Posted
Because the City does not enforce these private legal agreements, the City does not have a financial role.
Answered: 12/06/2023 03:45 PM