Rosedale Turns Out in Force for Zoning Hearing

On Tuesday, March 17, the Austin Zoning and Platting (ZAP) Commission recommended that Austin City Council approve OHT-Partners’ application to rezone the lots within the original Rosedale Elementary School to the highest level of residential density possible. The vote was 9-2 in favor.

Thanks to all Rosedale residents who attended the hearing. It was a tremendous turnout for Play Fair With Rosedale. About 80 Rosedale neighbors were there, many in Play Fair with Rosedale t-shirts, and most stayed to the bitter end. Eighteen people, including 17 Rosedale residents, testified against the application, explaining the many flaws with the proposed development, negative impacts on the neighborhood, and that fact that the sale to OHT would only cover less than six days of AISD’s budget. You made your voices heard and presence felt.

Although we lost the vote, we built a foundation for what comes next. If you couldn’t be there, you can watch a recording of the hearing online.

Was the commission’s decision a surprise? Not at All.

The outcome of the vote was very much expected because City Council has packed the commission with people who make their living off of development and increased density either directly or in directly. Only neighborhood champion Betsy Greenberg and Mayor Watson’s appointee, Luis Osta Lugo, voted no.

Lugo, was the only urbanist to break ranks and felt it necessary to explain why before the vote. Describing himself as very pro-development and growth, Lugo said “I do think we have to make sure growth is for the greater good.” He went on to say it’s too much density and that “I don’t quite think that 75 feet for this amount of acreage is appropriate.”

Greenberg said, “Rezoning this property from SF-3 for a luxury housing development is not consistent with the city’s goals.”

However, Chairman Hank Smith, who is the director of Atwell, LLC and a trustee for a political action committee that supports pro-housing candidates and initiatives, said that the Rosedale school is on the peripheral of the neighborhood and merits higher density.

Some commissioners completely brushed off concerns about increased traffic and safety. Commissioner David Fouts, who also makes his living from development and is a member of AURA , claimed that when narrow neighborhood streets are overwhelmed with traffic it somehow makes them safer because drivers become more cautious. Tell that to a pedestrian after they’re hit by someone who is driving drunk or while texting.

Others gave the city’s standard excuse that they can’t consider the fact that the outcome of AISD’s lawsuit over deed restrictions could make any zoning decision moot and did not even acknowledge that the city’s actions might influence the court case.

As far as concerns about a lack of adequate setbacks, sidewalks, traffic control, stormwater controls, and electricity infrastructure, their answer was – it’s not my job – all that must be decided at the site planning stage.

Affordable Housing or Political Ploy?

The one eye opener of the night was the claim by OHT lawyer David Hartman that the developer may offer some affordable units by partnering with a non-profit called HomeBase. However, he made no promises and gave no indication of how many, if any, of the 435 units would actually be affordable – or even what OHT means by “affordable.” Up until now, OHT has made it clear it would charge “market rates” and the rezoning application contains no promise of affordable housing.

Time will tell, but the vague comment may well have been a ploy to deflect criticism over yet another luxury housing development when affordable housing is what the city needs and what the Mayor and City Council say they want.

Chairman Smith “encouraged” OHT to have a dialogue with Rosedale residents to clarify this offer and what affordability means before the application goes to city council. After the meeting, Hartman made misleading statements to Community Impact Reporter Chloe Young about continuing to work with community members to find “common provisions that we can weave into the development.” You can’t continue something that hasn’t begun. So far, OHT has refused to have any meaningful dialogue with neighborhood leaders.

Read Young’s story for yourself.

It’s On to City Council

Some may ask why we bothered to go the ZAP Commission hearing at all when the outcome of the vote was preordained. The answer is that it brought the many flaws, injustices, and negative consequences of this boondoggle out in the open and into clear focus as the rezoning battle moves on to Austin City Council.

Make no mistake, it is no accident that the Mayor and Austin Council have packed city committees and commissions with people who represent special interest groups and businesses that are pro development, pro growth, and pro high-density. Play Fair with Rosedale is not against development, or increased density, but there needs to be a balance and some common sense. For too long, it was hard to build anything in Austin. Now the pendulum has so far the other way that developers can pretty much build anything they want no matter how much damage it does to the public good.

Unlike appointees or city employees, elected officials must ultimately answer to voters and there’s an election coming this fall. At lot of people, especially neighborhoods with closed schools that AISD is planning to sell to developers, will be watching what city council does with the Rosedale rezoning case. Actions have consequences and so do elections.

We don’t know yet when the application will be heard by Austin City Council, but we expect it to be sometime in April..