S-3 BOA WORKGROUP COMPILATION — original pdf
Board of Adjustment LDC WorkgroupRecommendations, Comments & Questions on Proposed LDC (to share with City Council)11/4/2019 -- Compiled by Don Leighton-Burwell, BOA Chair; updated 11-25-2019Code Section / Issue for ConsiderationWorkgroup Synopsis (with support of BOA)General Comments by BOA WorkgroupRECOMMENDATION: BOA Workgroup does not support this shift of approvals to City Staff (e.g. MUPs and "Minor Adjustments"). COMMENT: The zoning code and general planning requirements (Chapter 23-3 and 23-4, respectively) are better-written than current code, with clearer language and better graphics and format. The proposed new regulations are simpler and more prescriptive, with fewer exemptions and exceptions. RECOMMENDATION: Graphic examples (and commentaries regarding intent) of development rights (similar to the Signage Chapter 23-7 of the proposed LDC), would help laypeople more fully understand the LDC.COMMENT: Increases in housing supply should result from a code that is simpler and clearer—simplicity and clarity equal predictability, which equals greater ease of use...which equals greater ease of review...which equals faster reviews...which equals, per unit time, more housing created.RECOMMENDATION: Increases in Housing Supply do NOT equal increases in Affordable Housing Units (per Staff's Report Card); preservation of existing affordable units must play a role.RECOMMENDATION: Where an ADU is allowed (within a Residential Zone), the accompanying table should make that clear by creating an "ADU column" between “Principal Dwelling Units” and “Width.” COMMENT: Concern that lack of or poor public notice may diminish appeal rights of people contesting City Staff interpretations, determinations and approvals.RECOMMENDATION: Request Staff to continue work on BOA "Heat Map" (and update of AMANDA) to better track permits, appeals, variances, special exceptions; this will allow people to access information more easily and thus support both clarity and transparency of City processes.RECOMMENDATION: BOA wants to be able to track common variance requests to serve as basis for possible LDC amendments.INTRODUCTION:GENERAL PROVISIONS23-1A-3030 (C) (2) (a) (i and ii) Types of Administrative Decisions; A decision by the responsible director on an application for:(i ) A site plan or minor use permit;RECOMMENDATION: BOA Workgroup does not support MUPs, as public input is not required as part of this streamlined process and diminishes public input that is currently required by a CUP.(ii) A minor adjustment or alternative equivalent compliance (See sections later in this document…)23-1A-4010 (A) Consistency Requirement. “Legislative, quasi-judicial, and administrative decisions under this Title must be consistent with the Comprehensive Plan, as required by Article X of the City Charter.”COMMENT: Adherence to the Comprehensive Plan (Imagine Austin) …