Leave it to the Austin City Council. Once again it is granting a huge gift to the real estate industry at the expense of Austinites under the guise of “DENSITY.”
A majority of the Austin City Council voted last week to double the zoning height for a tiny lot – 1209 West 5th Street – while relying on “HOTEL USE” as a way to satisfy residential density bonus requirements. For a council obsessed with affordability, this deal doesn’t add up to a hill of beans.
Last Thursday, City Council approved the first reading of a zoning change for 1209 W. 5th Street, doubling the allowable building height from 60’ to 120’ based on the applicant’s claim of a “multi-family development.” This change also allows up to 50% hotel/motel use to satisfy the 70% residential requirement.
This is not multi-family housing and it is not compatible with surrounding buildings. Additional height is tied to affordability components in recent City ordinances including DB90, but in this case, the applicant’s claim is misleading. They can use a HOTEL to garner extra height without actually building affordable housing.
Mayor Kirk Watson, along with Council Members Alison Alter and Mackenzie Kelly, voted against the proposal. This was Mayor Kirk Watson’s first time to vote against any rezoning proposal since he became Mayor in 2022.
But most surprising was that affordability proponent and district representative, Council Member Zo Qadri (District 9), voted in favor. Apparently, District 9’s representative seems to be supportive of speculative zoning deals that benefit lot owners and do not actually add more residential options in the city.
Like most of the recent DB90 upzonings throughout the city, this project is speculative — no design plans, no engineering studies, no architect, and no developer. It’s a small 20,000 sq. ft. site, roughly the same as about two-three typical residential lots. The nearby Old West Austin neighborhood association, OWANA, has attempted to reach a consensus with the property owner since February 2024. Instead, Council Member Qadri brokered agreements between applicants and two third-party contractors, without informing or including OWANA or other nearby neighbors, including the residents of condo and apartment buildings on West 5th Street.
OWANA has a history of reaching consensus on redevelopment of properties all along West 5th Street. The association has supported numerous zoning changes to dramatically increase the height and building space for these projects – including The Clark apartment building, the Pressler apartment building, and two lots owned by Endeavor Real Estate that are slated for development. All of these agreements provided community benefits – bigger sidewalks, pedestrian access to the Hike-n-Bike trail and play fields south of West 5th, thoughtful architectural design, and needed residential units.
Council is on track to approve this rezoning allowing additional height without accountability to a residential commitment setting a dangerous precedent. It would encourage developers to bypass neighborhood involvement and negotiate third party agreements brokered with Council Members.
This case affects all of Austin. It is an egregious case of land speculation. This is why Council needs to stop granting the increasingly unreasonable zoning heights and entitlements without a real commitment to affordable housing or other community benefits that all Austinites can use.