Code next EMLK View

Like many of your I have tried to go through the Code-next document - here are some of my views based on my experience. I am posting it here in the blog - please feel free to add comments. I will also post it in next-door.

There is a presentation from Linda Bailey here 

in general you can find everything about code next here

Some city employees (and they are fellow Austin residents, like Greg, Jorge) are working very hard on this over and above their existing work duties so we will try to respect their ideas and views  and be cognizant of their hard work.

Goal: At the End of August we from EMLK Planning Contact team would like to provide city development a succinct advisory document from EMLK region providing our concerns in a factual basis to help them with developing a new code for the city of Austin, which it needs. So this write up is focused towards EMLK area and you can find the map here.

• A lot of the city will be up-zoned and they are up in arms about that (and rightly) but in east side we have been exposed to much worse condition through something called cottage lots and allows 65 to 70% impervious coverage without any  consideration for run-offs. (isn't that funny) 

• In 2011, 950 acres of land in EMLK area was converted to high-density property without any consideration to infrastructure (compare that with the infrastructure developed for Mueller) - this was done because anything goes in east Austin.

• EMLK also receives the run-off from Mueller free of charge.

• So the EMLK area has already been heavily affected by high density development which is code next will be dealing with in the next few years.

Separation of Concerns

There are 3 separate items which we are often combining as one.  My next set of statements will be based on these 3 separate concerns.

1. Rewriting the code to help planners and citizens navigate and make the development code usable
2. Rezoning various parts of the city with new zones/codes but under existing density model
3. Up zoning of various parts of the city

One of the primary challenge is that city management is trying to solve all the concerns together. This makes the job much more difficult

Concern #1 Rewriting code

Facts

1. This is "form" land development code (land under cities jurisdiction and not ETJ)
2. In-fact city is working on 3 different code structures to align to different parts of the city based on density and form.
3. This is mostly rearranging or all the building codes (under Chapter 25 now) to pervasively include all the ordinances passed by city in the last 20 years.
4. This also indexes the code in a way that uses (planners and citizens) do not  have to be a rocket scientist to read city code.
5. Removes a lot of  the conflicts that remains through various ordinances which creates thousands of overlays (density vs. neighborhood character preservation etc.)
6. We need this because the current code is so complicated and has so many loop-holes that you can virtually destroy your neighbor's house or flood your neighbor's house with immunity
7. We need to provide tools to city planners which is usable

Counter facts (which is different from "alternate facts")

1. With today's computing power the entire ordnance, zoning overlays can be brought to the fingertips of the planner by 10 ways. (in-fact most of it can become computer generated so human opinion becomes secondary and for review purposes only)
2. A form based code requires much more planning and development sophistication at approval level because you need to compare various 3D models - think about a code inspector going through form based code and making a judgement call on it - God have mercy on us)
3. A city which does not accept electronic submissions in most cases attaining such sophistication takes quite a bit of time
4. As old conflicts go away about a million new conflicts will arise on form based coding (like …)
5. Deed Restrictions are still valid and can be challenged in court - dragging the publication of the code for years.

Concern# 2 Rezoning of the city

Facts

1. When city creates the new set of zone then it needs to be applied to the city
2. This deployment of new zones has nothing to do with the up-zoning (now that you can build 4 houses instead of 2 houses)
3. We are moving to a form based code which takes into account the 3 dimensional forms of a house which calls for a complete new set of design concerns  - this will call for complete new set of building inspection and home inspection process.

Counter facts (which is different from "alternate facts")

1. With today's computing power the entire ordnance, zoning overlays can be brought to the fingertips of the planner by 10 ways. (in-fact most of it can become computer generated so human opinion becomes secondary and for review purposes only)

Concern# 3 Up-zoning of the city

Facts

1. This is completely up to city council to decide
2. The EMLK region has been up zoned without any input from the residents since 2011 when 950 acres of land was changed to high density development without any concern for infrastructure.
3. In 2002 most planning regions of east side was forced to opt into cottage lots which allows about 65% impervious coverage and has been one of the most

Counter-Facts

1. I have provided a set of questions which you may want to read but this is for district 1 in general. (link)
2. The phrase risk mitigation does not exist any where - which should be of concern

Missing

What is missing is "innovation" to empower the citizen and young entrepreneurs, like small builders. 

1. The word "Risk " does not exist in codenext - the great advantage is that is there is no risk there will be certainly no risk mitigation.
2. Infrastructure design has also been put off
3. Drainage and run-off plan - think about the development effort it took in Mueller to mitigate some of the drainage issues - now extrapolate it to the entire city. There will be flooding which will primarily destroy the existing pier and beam houses and older houses.
4. Use of software to create a more readable -code. In today's world with large computing power instead of rewriting the code we can cross-reference things and index codes properly to make it use friendly. We call this guided procedure in computer world and is almost used universally
5. This code puts the entry point in the market to a much cost - which means small builders with smaller capital will have less option. - There should be options like tiny houses, neighborhood RV parks so that people in the lower end of the financial spectrum can also join the game.