
The “McMansion Ordinance”: A temporary moratorium on the construction of larger, misfit “McMansion” multifamily dwellings by City Council on February 16, 2006. The ordinance set size limits on the construction of new buildings and on remodel projects of existing structures. The ordinance was approved in response to concerns from the all-powerful neighborhood groups that these large, unsightly structures are invading their living space, lowering the value of their property, and generally lowering their quality of life. For both new structures and for remodel projects, the ordinance gave a builder a choice between three alternatives:
For a building permit for a new duplex or single-family structure on a lot where a structure has been or will be demolished or relocated, the new structure’s size is limited to the greater of the following:
(a) 0.4 to 1 floor-to-area ratio (aka, “FAR” – the resulting structure can't exceed 40% of the entire plot area)
(b) 2,500 square feet; or
(c) 20% more square feet than the existing or pre-existing structure.
For a remodel permit to increase the size of a duplex or single-family structure, the structure’s size after the remodel is limited to the greater of the following:
(a) 0.4 to 1 floor-to-area ratio;
(b) 2,500 square feet; or
(c) the existing size 1,000 square feet, if the applicant has been granted a homestead exemption.
Nature of the dispute:
Neighborhoods groups representing neighborhoods across Austin such as Tarrytown, Clarksville, Rosedale, and Hyde Park (to name a few) initiated the fight against what they see as an intrusion on the sanctity of their otherwise peaceful, commonly-themed, aesthetically-pleasing environs – large, obtrusive multifamily duplexes that don’t fit in with the surrounding buildings and bring nothing good to the area. The debate over the “rise of the McMansions” in neighborhoods like Tarrytown, which has seen the brunt of such development, is several years old.
The ordinance itself was designed as a short-term solution, pending a long-term plan. A task force of stakeholders was created last month by the City, charged with coming up with a more permanent solution to the problem. For about a month now, the task force has been ironing out the final plan that will go to City Council at 6 p.m. today for a final vote. Last Tuesday night, the task force’s proposal was finalized, and it includes the following highlights: (a) 0.4 to 1 FAR for single family residences, (b) an increased 0.5 to 1 FAR for duplexes & garage apartments, and (c) the creation of a “Residential Design Commission,” a bureaucratic organization that will have the power to say who gets to build what and who doesn’t (apparently some sort of real estate “fashion police”).
The rules would apply to new or remodeled homes and duplexes in the 48 neighborhoods closest to downtown. The limits wouldn’t include add-ons such as basements, attics and first-floor porches. The new rules would take effect August 15. A public hearing will be held on the plan today, City Hall, 6 p.m.
Sides in the debate:
Why neighborhood groups like the plan: Blocks the intrusion of "huge, ugly buildings." Preserves the integrity of our historic, central neighborhoods. Protects these old neighborhoods from over-development (groups point to aging infrastructures). Preserves homeowners’ enjoyment of their property, and preserves the value of their property. Preserves each neighborhood's unique culture, and prevents homogenization of the 48 neighborhoods closest to downtown. Puts a restraint on ravenous builders.
Why many homeowners & all developers dislike the plan: Plan hurts real estate developers’ ability to make money. Restricts homeowner freedom to build/remodel as they like. Plan is too broad, and doesn’t respect the unique economic and developmental realities of each neighborhood. Plan will result in a general smothering of the residential real estate market in central Austin, rather than allowing it to move ahead under well-crafted, flexible regulations.
What we think:
Hmm. We’re picking up a pattern here. The terms in this plan seem way too broad and extreme for such a complex and sensitive issue, and they appear to operate on a single assumption: That all Austin neighborhoods are the same, and that all larger, multifamily housing is a “McMansion” and thus bad. This is hardly the case. What works in Hyde Park may not work in Tarrytown. One builder may create a multifamily/large-scale residence that offends the sight of residents, while another builder may make one that adds value to the surrounding neighborhood and fits right in. To us, this plan seems like yet another “progressive” approach to a serious problem that is distinctly Austin in flavor – an expansive, sweeping measure that restricts an entire industry, without regard for a more detailed analysis of the problem itself. We understand and identify with the need to regulate development for the good of our city. We just don’t think this is a good enough plan for doing that.
The almighty goal, the sacred mantra of Austin smart growth is and, for several years, has been “downtown density.” Density is better than sprawl. This is certainly true. The more people living in the smallest lateral space possible, this seems better than the alternative, especially when people will be moving to Austin in droves regardless of what we do. But getting there takes intensive research, deliberate planning, and genuine compromise among all groups – not some heavy-handed, hasty, governmental smack-down that favors neighborhood groups, who motivations are questionable (especially when the homeowners they represent don’t seem to agree with them). The methods that our “progressive” groups use to get us to a “density future” in the core downtown area have, time and time again, proved themselves to be pathetically ancient, under-informed, reactionary, and above all, impractical. And it gives truly progressive-minded people in this city a bad name.
The problem here is that, in some cases, these large, multifamily residences fit in just fine with the surrounding neighborhood. We’ve seen them; it can work, if it’s done right. In some situations, these structures actually look good and don’t harm anyone else’s property rights in the neighborhood. Of course, this is usually not the case, but it can be. The point here is that, for the sake of smart growth, we need a plan that both encourages development while at the same time preserves the integrity of our older, historic areas. Simply restricting the size of buildings won’t work. Creating an organization with the ultimate say in what looks good and what doesn’t, that won’t work either. A flat ban that ignores the major differences between different parts of Austin simply will not achieve this goal. It will stifle central Austin residential development – all development, good and bad alike – and force residential builders to build further from the City. In other words, this plan will encourage urban sprawl and discourage density. Is the City really willing to place a ban on certain types of residential development, eschew density in favor of sprawl, simply because a few neighborhood associations want to exercise their power?
As with the proposed SOS Amendments – overbroad, poorly-worded, offensive to common sense, and unnecessarily extreme – which failed miserably and set real environmental progress in this city back several years, these “McMansion” rules are yet another over-broad, across-the-board measure that ignores the truly dynamic nature of development in Austin. It seems to us that a little more homework is needed on these intricacies before we use a canon to kill a mosquito. Otherwise, “progress” might actually turn out to be quite the opposite.
For further information, start here and here.
*Image courtesy of Wikipedia.

Last Week Around the -ISTs


I've been covering this extensively - see the link on my name for my crackplog.
Planning Commission on Tuesday night recommended that the FAR limit be raised to 50% for properties which have duplexes or garage apartments on them. If City Council approves this change, MOST of the problems directly impacting me and especially my neighbor would be solved. Others have issues with the setback envelope (asserting that it punishes innovative designs like the MetroHouses), etc.
The ordinance when it passes will actually *reward* those people that have already built "McMansions" as their resale value will go through the roof due to limited availability. Families that can't afford it will be forced to either sprawl out to the burbs or squeeze mom, pop and the kids into 1000 sqft "bungalows".
Even worse, Edward, two of the people driving the Task Force live near me - and I checked out their homes.
One lives in >2100 square feet, her second floor 'looming over the backyards' of her single-story neighbors (since she's set back farther from the street than they are in addition to being taller). The other has 3600 square feet (including one of them evil garage apartments) in Hyde Park immediately adjacent to two sub-1000-foot bungalows.
They've carefully crafted these rules to avoid violating the letter of the law - so they get to keep what they have and make sure guys like me never get to get it too. But the spirit of the rules ("don't be incompatible with your neighbors") is clearly violated more by both of them than it would be by me even if I built the second floor on both my house AND my garage.
I need to get incorporated and tell the city that my house is my corporate headquarters then it'll probably be automatically grandfathered just like everything else. Heck, they'd probably even give me a tax break.
The City Council totally rejected the Planning Commission's changes and instead went with the original Task Force recommendations PLUS removed the "quick review commission" which would have been the first stop for cases like mine.
I've gone nuclear here: http://mdahmus.monkeysystems.com/blog/archives/000308.html
M1EK, I've tried posting a comment to your blog for the past half hour to no avail. No errors, but no comments either. Not sure what the deal is. But I wanted to ask you this:
Do you think this whole anti-mcmansion movement has anything to do with developers' fears that the ever-increasing supply of downtown condos/lofts/apartments may supersede the demand? And that truncating any further development of midrange urban rental property on private plots may fill that demand gap over time? A downtown shift in renter options?
truecraig,
The anti-McMansion movement (what I'd call the neighborhood association side) has to do with the "don't make any changes at all of any kind whatsoever" philosophy - the same folks who stopped multifamily development even right next to UT for so long (only losing their grip a couple of years back). I'm not sure there's any relationship with downtown development at all other than that those people have seized upon it as a convenient excuse not to allow any modest infill in their neighborhoods (the "stack the renters in high-rises" philosophy I covered once on my crackplog here:
http://mdahmus.monkeysystems.com/blog/archives/000268.html
Most people dramatically underestimate how much zoning laws have to do with what actually gets built around here and vastly overestimate market demand. There's a reason that outside the urban core, essentially all apartment complexes are exactly three stories, for instance.