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Understanding Our New Land Development Code: CodeNEXT Paul Schumann LCCO Meeting April 6, 2017

Understanding CodeNext: Austin's New Land Development Code

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Understanding Our New Land Development Code: CodeNEXT

Paul SchumannLCCO MeetingApril 6, 2017

April 6, 2017 LCCO 2

Outline

● Purpose● Background Concepts● CodeNEXT Draft● Administration and Procedures● Lost Creek's Residential Zoning Code● Marshall Tract Scenarios● Summary

April 6, 2017 LCCO 3

Purpose

● To understand CodeNEXT, not critique it● Examine potential applications of

CodeNEXT zoning on Lost Creek present and future

April 6, 2017 LCCO 4

Background Concepts

● Walkable city● Imagine Austin● Transects● Form based zoning● Zoning vs. deed restrictions

April 6, 2017 LCCO 5

Walkable City

● “While there are many options available to combat these trends, the city planning profession has once again begun to place emphasis on designing compact, mixed-use communities that resembles those of decades before.

● A major goal in this process has been to create ‘walkable’ communities, where the built environment is designed in a way to foster walking and bicycling to nearby destinations rather than requiring individuals to rely strictly on the automobile.

● The increase in awareness of the potential social, health, and environmental benefits of walkability has led to a rapid rise in the number of walkable communities, also known as neo-traditional developments and new urbanist developments, which have been built across the nation.” (1)

● Video: Jeff Speck, TED Talks, 2013

● https://www.ted.com/talks/jeff_speck_the_walkable_city

April 6, 2017 LCCO 6

Walkability ScoresNeighborhood Address Walk Score Transit Score Bike Score

Lost Creek 1305 Quaker Ridge

17 0

1405 Thaddeus Cove

11 0 7

1711 Lost Creek Blvd.

7 0

The Domain 11410 Century Oaks Terrace

67 41 46

Hill Country Galleria

13300 Galleria Circle

48 0

Mueller 4550 Mueller Blvd.

66 45 88

Source: Walk Score

April 6, 2017 LCCO 7

Imagine Austin

● Grow as a compact, connected city

● Integrate nature into the city

● Provide paths to prosperity for all

● Develop as an affordable and healthy community

● Sustainably manage water, energy and other environmental resources

● Think creatively and work together

April 6, 2017 LCCO 8

Transects

April 6, 2017 LCCO 9

Transects

April 6, 2017 LCCO 10

Transects

April 6, 2017 LCCO 11

Transects

April 6, 2017 LCCO 12

Form Based Zoning

● Use based zoning (Euclidean)● Form based zoning

April 6, 2017 LCCO 13

Zoning vs Deed Restrictions*

● Complicated area of law● Cities have the right to zone (Village of

Euclid, Ohio v. Ambler Realty Co., 272 U.S. 365 (1926))

● Austin does not reinforce deed restrictions● Property rights would be determined by

lawsuit* I am not a lawyer This is not an opinion. If you have concerns about this, contact your own lawyer.

April 6, 2017 LCCO 14

CodeNEXT Topics

● Introduction

● Administration and procedures

● General planning standards for all

● Zoning code

● Subdivision

● Site plan

● Building, demolition, and relocation permits;special requirements for historic structures

● Signage

● Transportation

● Infrastructure

● Technical codes

April 6, 2017 LCCO 15

Administration and Procedures*

● Reduces citizen response times● Reduces citizen power● Transfers more control to staff

* I've not read this section. This is my summary of what I've heard from others who have read it.

April 6, 2017 LCCO 16

Lost Creek Residential Zoning● Classified as a non-transect zone

● Transect overlay may be applied later

● Three residential zones may be applied*

– Rural residential (> 1 acre)

– Very low density residential (> 10,000 sq ft)

– Low density residential (> 5,750 sq ft)

● 28 uses allowed

– P: permitted use

– MUP: minor use permit required

– CUP: conditional use permit required

– TUP: temporary use permit

– Blank: use not allowed

* Lot size

April 6, 2017 LCCO 17

Allowed Land UseUse Rural Residential

(RR)Very Low Density Residential (VLDR)

Low Density Residential (LDR)

Accessory Dwelling Unit

P

Bed & Breakfast CUP CUP CUP

Home Occupations P P P

Senior/Retirement Housing (<12)

MUP

Single Family P P P

Short-term Rental P P P

Group Home (<7) P P P

Group Home (7 - 15) CUP CUP CUP

Day Care (<7) P P P

Day Care ( 7 - 20) CUP CUP CUP

Library, Museum or Public Art Gallery

CUP CUP CUP

April 6, 2017 LCCO 18

Allowed Land UseUse Rural Residential

(RR)Very Low Density Residential (VLDR)

Low Density Residential (LDR)

Meeting Facility CUP CUP CUP

Public Safety Facility CUP CUP CUP

Religious Assembly Facility

P P P

College or University CUP CUP CUP

Private Primary CUP CUP CUP

Private Secondary CUP CUP CUP

Public Primary P P P

Public Secondary P P P

Enertainment, Outdoor, Limited

CUP CUP

Park/Playground CUP P P

Community, non-profit recreation

CUP CUP CUP

April 6, 2017 LCCO 19

Allowed Land Uses

Use Rural Residential (RR)

Very Low Density Residential (VLDR)

Low Density Residential (LDR)

Agricultural support CUP

Community Agriculture

P P P

Stables CUP

Accessory Uses P P P

Communications P P P

Utilities, Local CUP CUP CUP

Telecommunications P P P

Temporary Uses TUP TUP TUP

Special Uses CUP CUP CUP

April 6, 2017 LCCO 20

Marshall Tract Scenarios

Commercial● Neighborhood

Commercial (NC)

● Local Commercial (LC)

● General Commercial (GC)

● Regional Commercial (RC)

● Commercial Core (CC)

Residential● Medium Density

Residential (MDR)

● Medium-High Density Residential (MHDR)

● High Density Residential (HDR)

● Very High Density Residential (VHDR)

April 6, 2017 LCCO 21

Transect and Lost Creek

Lost Creek Lost Creek Commercial Zone

Marshall Tract?

April 6, 2017 LCCO 22

New Urbanism Version

T5

T4

T4

T4

T3

T3

Note: More Parks, sidewalks& trails

April 6, 2017 LCCO 23

Summary● Zoning

– Primary impact – increased uses permitted

– Secondary impacts – zoning of Marshall Tract and subsequent impacts on Lost Creek and impacts of increased dwelling units on value of existing homes

– Tertiary impacts – application of transect

● Administration and Procedures

– Primary impact – appears to result in loss of influence

– More study needed

● Rest of Code – more study needed

● Action is required

April 6, 2017 LCCO 24

Resources● What defines walkability: Walking behavior correlates by Steven Chadwick Spoon,

https://cdr.lib.unc.edu/indexablecontent/uuid:384e8784-d3aa-4d8e-b15c-0f01083f5c16

● CodeNEXT Forum: http://lostcreekcivicorganization.ning.com/codenext

● CodeNEXT: https://www.austintexas.gov/codenext

● CodeNEXT Bloomfire Site: https://codenext.bloomfire.com/

● Austin Transect Zones: http://www.austintexas.gov/edims/document.cfm?id=268246

● Land Development Code (Draft): http://tinyurl.com/k6djgra

● Online Comment Tool: https://codenext.civicomment.org/

● Online Survey: https://austinenergy.co1.qualtrics.com/jfe/form/SV_6Lr5DqDVxkiuwPX