Skip to main content

Austin Monitor, Judge Jan Soifer puts a wrench in the Austin City Council Land Development Code Update

Judge throws out City Council votes on new Austin land code, putting rewrite in jeopardy

In a ruling that could derail Austin’s rewrite of its Land Development Code, a Travis County district judge voided two votes City Council has taken so far on the changes.
The city has spent nearly eight years and more than $10 million trying to rewrite its land code – the rules that determine what can be built and where in Austin – in an attempt to allow more and different kinds of housing in the city.
The third and final vote was expected in late March or early April, but was delayed earlier this week because of concerns about the spread of the coronavirus.
Judge Jan Soifer also ruled that Austin homeowners have the legal right to protest changes to the zoning of their land under a citywide revision. The city had previously said they did not, arguing multiple times that the land code rewrite is a policy change and does not guarantee landowners the same rights as in smaller, more targeted rezoning cases.
Under state law, property owners can challenge changes to the zoning of their property or those nearby. If they do so, a three-fourths vote of the local governing body is needed to veto that protest and let the new zoning go forward. In Austin, that means nine of the 11 Council members would need to vote against any protests in order to stop them.
It’s likely Austin does not have those votes; the votes taken so far on changes to the city’s new code have been split 7-4.
Council Member Kathie Tovo, one of the four Council members who has voted against the code revisions, said she was not surprised by Wednesday’s ruling, but she believes the Council will move forward with a rewrite – just with a process that looks different.
“I believe there is absolutely a path to passing a revised Land Development Code,” Tovo, who represents Central Austin, said.
If Council restarts the code rewrite process, it would be the second time it’s done so. In 2018, Council members voted to scrap the previous revision process, dubbed CodeNEXT, after Mayor Steve Adler said it had been plagued by “misinformation.”
“While we are disappointed in the ruling, we appreciate the court’s thoughtful consideration of this matter,” a city spokesperson said in a statement. “In light of the judge’s decision, we will assess our options, and will advise Council accordingly.”







Comments

Popular posts from this blog

Sad News. Tim Harrington of Austin, Texas passed away in mid-February 2024 from a heart attack. His Memorial Service is 2/29/2024 2 pm, @ Austin Ridge Bible Church in Westlake.

The Above Photo was taken by Jim Innes during his Podium Eulogy talk for Tim Harrington. To Say the Westlake Austin Ridge Bible Church memorial service was PACKED, would be an understatement. Tim Harrington was a good man, and friend of many. He was relatable, authentic, funny, caring and social.    George Vance..... Just making sure you know that Tim Harrington passed away last weekend. Heart attack.  Tim’s Memorial Service will be: 2/29/24 at 2 PM at Austin Ridge Bible Church at 9300 Bee Cave Rd, Austin, TX 78733 in Westlake. At the Worship Center building. Please spread the word. GVM speaking here, "Tim showed up on my 40th birthday at Pitch N Putt for an afternoon of golf and bullshit. Tim was in good spirits that afternoon after boasting of his mega million dollar commercial fresh sale in SoCo. St. Elmo @ the ol' Hills Cafe.   Tim was a former SOUTHWESTERN door to door salesman and alumnus like me. A fellow bookman. Tim showed up @ my BookPeople booksignin...

Bonnie Fish McGee's Spooky 1st Birthday Party! Oct. 19th, 2024. Good times.

 

Austin, Texas has a DOG PROBLEM.....

  Austin, Texas has a DOG problem (Letter I wrote and sent) Dear Austin City Council Members, Hello and well regards, Yesterday afternoon during a simple bicycle pedal exercise ride, I was physically chased by an unleashed Pitbull dog in ZILKER PARK. Then directly after recovering from almost being mauled by an unleashed pit-bull in Zilker Park, I attempted to buy a Gatorade at a nearby Barton Springs Road Market, but that didn't go well either, as an interior Market commercial customer had a massive mixed breed dog trolling through the diminutive shopping isles. Then this morning, at a Coffee shop on SoCo, there was only 1 entry way in and out, and there was another large, although more docile mixed breed dog. All of this has occurred in less than 24 hours. What's the point? The City of Austin's dog friendliness and citizen enabling of irresponsible dog owners has gotten out of control. Newsflash! Not everybody like dogs, being everywhere all the time. especially within ...