13 Email from Bailey Harrington — original pdf

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9/22/25, 2:44 PM Mail - Ahmed, Imad - BC - Outlook Per my text the other day, I think the City should re-examine the language in both DB90 and ETOD that prohibits non-residential space above certain floors. From a planning standpoint, I can’t see a strong justification other than preventing loud or disruptive uses above residential— something developers are naturally incentivized to avoid anyway. The way DBETOD reads now, it’s applied at the site level instead of the building level. That creates issues where projects with multiple buildings or integrated uses get caught unintentionally. A few quick examples: The Arnold – four stories of residential next to four stories of office with a shared garage. Under DBETOD, the office building wouldn’t be allowed because it rises above level 2, even though it’s a separate building. The Loren – residential on one side, hotel on the other, plus a rooftop restaurant. Under current ETOD rules, neither the hotel nor the restaurant would be permitted since they’re above the 2nd floor. The Muse on South Congress – roughly 80% residential, but with Equinox located above the 2nd floor. Under DBETOD, Equinox wouldn’t be allowed. All of these are successful mixed-use projects that deliver significant housing while also creating the placemaking and diversity of uses that ETOD is supposed to encourage around rail. The current restriction would block similar outcomes unless a developer goes through a PUD/LI- PDA process—an unnecessary barrier. I’d be glad to talk through this further with you and Ryan—whether by call or in your office. Just wanted to flag it as an issue that could really limit the kind of projects the City is hoping for in ETOD areas. The specific code sections are: DBETOD: 25-2-654 (G.4.d.i) DB90: 25-2-652 (G.3.c.ii) <-- this is not as egregious as DBETOD because it specifically mentions by building where as ETOD references site.  Although, the example of the Loren would still not be allowed. Bailey  Bailey Harrington, P.E. // Austin, TX https://outlook.office365.com/mail/inbox/id/AAQkADkwNWY2OGI5LTliYjctNDk5OC1iNjNmLTViYmMyMDAxZmQxZgAQAMQptrXRhcNGm4iBngLsK9w%3D?msalAuthRedirect=true 2/3                       9/22/25, 2:44 PM Mail - Ahmed, Imad - BC - Outlook This e-mail, including any attachments, is intended for the exclusive use of the person(s) to which it is addressed and may contain confidential or privileged information. If the reader of this e-mail is not the intended recipient or his or her authorized agent, any review, disclosure, distribution, printing or copying of this e-mail is prohibited. If you think that you have received this e-mail in error, please advise the sender by reply e-mail and delete this e-mail immediately. CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT at "cybersecurity@austintexas.gov". Greg Anderson Boards and Commissions Scheduled Meeting Disclosure Information: Written disclosure is required by visitors when attending a scheduled meeting with a City Official regarding a municipal question for compensation on behalf of another person. Anyone scheduling or accepting a meeting invitation with a City Official must either acknowledge that the disclosure requirement does not apply or respond to the following survey: https://forms.office.com/g/YQtNBw7nPg IMPORTANT NOTICE: The City of Austin provides e-mail addresses for members of its boards and commissions for their use as board members. This address should not be used for private or personal messages. The views expressed in e-mail messages reflect the views of the authors alone, and do not necessarily reflect the views of any board or commission of which the author may be a member. In particular, the views expressed here do not necessarily reflect those of the City of Austin, or any of its departments, employees or officials. E-mail messages may be subject to required public disclosure under the Texas Public Information Act. https://outlook.office365.com/mail/inbox/id/AAQkADkwNWY2OGI5LTliYjctNDk5OC1iNjNmLTViYmMyMDAxZmQxZgAQAMQptrXRhcNGm4iBngLsK9w%3D?msalAuthRedirect=true 3/3