DB90: Austin's YIMBY Plans Revived with New Ordinance

Photo by Tomek Baginski on Unsplash

The City of Austin has reintroduced a critical element of its housing strategy previously stalled by legal challenges. The newly approved ordinance, known as DB90 (Draft Ordinance 90), aims to replace the Vertical Mixed-Use II Ordinance (VMU2), which was nullified following a lawsuit alleging insufficient notice to property owners regarding land development code changes.

Legal Background and New Developments

Travis County state District Judge Jessica Mangrum's ruling last December favored NIMBYs who contested the city's approach, leading to the invalidation of three key zoning ordinances, including VMU2, the Residential in Commercial Development Program, and Compatibility on Corridors. These ordinances were central to Austin's efforts to increase its affordable housing stock.

DB90 closely mirrors the provisions of VMU2, offering developers the chance to build structures 30 to 90 feet higher than currently allowed, provided they include affordable housing units. The significant shift under the new ordinance is the requirement for individual rezoning processes for each project, a departure from the broader permissions granted under VMU2. This change is intended to address the lawsuit's concerns by ensuring property owners are properly notified and can protest rezoning proposals.

Key Features of DB90

• Height for Housing Exchange: Developers can still achieve greater building heights by including affordable housing units, echoing VMU2's incentives.

• Rezoning Requirement: Unlike its predecessor, DB90 mandates that each project undergoes a specific rezoning process, delaying rezoning and enabled for more NIMBY input and scrutiny.

• Opportunity for Protest: The ordinance ensures property owners have the right to be informed, and enable NIMBYs to protest rezoning efforts, aligning with Texas code requirements for municipal land use changes.

• Expedited Process for Affected Developers: For properties impacted by the voided ordinances, the city is offering a streamlined rezoning process with waived fees, managed by dedicated case managers for efficiency.

Council's Decision

The Austin City Council passed the ordinance with broad support, registering nine votes in favor. Council Member Mackenzie Kelly abstained, while Council Member Alison Alter voted against it. Paul Books, a senior planner with Austin's planning department, highlighted the ordinance's potential to facilitate the development of affordable housing across the city, emphasizing the commitment to public engagement and legal compliance in the rezoning process.

This strategic legislative action by Austin underscores the city's ongoing commitment to expanding affordable housing options amid growing concerns over property rights and development transparency.