T1NC Letter to the Mayor re MF/RM Task Force Recommendations

December 10, 2019

Dear Mayor Nirenberg,, 

On December 12th, City Council will consider the recommendations made by the MF/RM Task Force, created in response to Councilman Trevino’s CCR to address some incompatible development inside neighborhoods. 

We ask you to adopt the MF/RM Task Force Recommendations and that you adopt the following recommended change to Note 11: 

 “Note (11) – The maximum height of any portion of a commercial, office or multi-family zoning district located within fifty (50) linear feet of the property line of an established single-family residential use shall be limited to the maximum height of the single-family district. The height limit shall not apply where an abutting property is zoned single-family residential but not used for residential purposes, such as a church, school, park, golf course but the height limit shall apply to properties abutting a vacant property.

Why we need to limit height next to residential zoning districts (lots): 

  • How a vacant property can affect an adjacent development and ultimately affect an entire neighborhood’s future.

The Zoning Commission’s addition (and DSD’s interpretation) of the recommendation to limit MF (multi-family) height to 35 feet from 45 feet if it abuts a single-family zoned structure would exempt vacant single-family zoned lots because there is always a chance a school or church could be built on the lot. 

The chance of a school or a church being built on a residential lot in the middle of a neighborhood is slim but the 45’ height allowed on a multi-family unit could make a single-family residence development unlikely.

If there are two contiguous vacant lots next to a SF residence and the further lot is zoned MF33 it could be developed up to 45’ height because of the vacant lot next to it. As the Mayor’s Zoning Commissioner Ms. McDaniel said, this could make it harder to develop that middle lot as a single-family and could unintentionally create more commercial encroachment into neighborhoods.  On the West Side where you have both a large number of SF lots zoned MF33 and numerous demolitions, the current Zoning Commission language, even with CM Trevino’s amendment could lead to widespread negative impacts in those neighborhoods.

  • Limiting the height of multifamily structures next to a single family zoned vacant lot can decentivize the demolition of single-family homes within a neighborhood

If a developer can build a higher structure next to a vacant residential lot, then there is a reward to demolishing a home so that a lot is vacant. Councilman Trevino added the addition to the Zoning Commission proposal which states that if a residential property is demolished, the height on the multi-family structure remains at what it would be if there were a structure in place for three years.  To land speculators and developers, three years is not a strong deterrent. Rod Sanchez, Director of DSD asserts that even without the term, “vacant lots,” DSD would interpret the code to include vacant lots regardless. 

The new language gives neighborhoods real protection and is in keeping with the intent of the CCR. 

  • The addition of “vacant lot” protection lowers the opportunities for incompatible development and the potential for displacement without public input. 

Our neighborhoods are struggling with issues of displacement as our neighborhoods become speculative investments. We seek to find compatible and responsible ways to meet the challenges of affordability and density. Creating policies that facilitates expensive and incompatible developments inside our communities easier exacerbates the problems of economic segregation and the lack of affordable housing. These developments are almost always market-rate and too expensive for most of the residents living in our inner-city neighborhoods now.  What we ask is a balanced and thoughtful process to address these important issues. If the community wants it, or it is appropriate, developers always have the Board of Adjustment as a recourse. If there are no codified protections, there is no community input. 

We ask for compatible development within our legacy neighborhoods to protect not only the built environment, but our legacy neighbors as well. To not do so only exacerbates the problems of income segregation and displacement.  We are working to meet the challenges of the future by encouraging compatible development within our neighborhoods, intensity along our corridors and added density through ideas such as Accessory Dwelling Units (ADUs) and compatible “missing middle” development on our multi-family lots.  

What we work for is the future as outlined in the SA Tomorrow Comprehensive Plan. Keeping to this “roadmap of the future” takes support from our elected officials. 

Today we ask for your help in finding a healthy balance We appeal to you today as we meet the challenges of the future.  Please adopt the recommendations by the MF/RM Task Force with the latest revision today. 

Respectfully, 

Tier One Neighborhood Coalition Steering Committee

Cosima Colvin, Christine Drennon, Liz Franklin, Tony Garcia, Jordan Ghawi,

Mary Johnson, Ricki Kushner, Margaret Leeds, Alan Neff, Velma Pena, Monica Savino, Anisa Schell, Cynthia Spielman, Amelia Valdez, Theresa Ybanez