Dialogue sought on possible changes to land-use codes
Possible updates to landuse rules requiring additional City Council approval even if builders are already zoned for dwellings, including affordable housing, set off a firestorm Thursday at City Hall.
The measure was prompted in part by efforts at the state level to regulate tax exemptions for multifamily units that often benefit developers outside of the city where the dwellings are built.
Nothing is on the table yet, and the city only wants to open a dialogue, Assistant City Manager Carly Pearson said at the beginning of her presentation.
Residents packed the council chambers to air their views, and many were not in favor.
“Just for everyone’s knowledge, this is not an action item tonight,” Pearson said. “This is just discussion for direction from council to proceed with looking into things.”
The city is considering requiring property owners to get a special-use permit approved by the council to build an accessory dwelling unit, multifamily housing or a manufactured home on their property, even if they are already zoned for such structures.
“The issue tonight is simply to say ‘Council, are you still interested in us even looking into this?’ If so, we will start looking into this and we will bring you back information and a draft,” Pearson said.
She added a public hearing would follow.
District 1 Councilman Gerald Anderson expressed his concerns with the idea, indicating he sees the move as an effort to restrict property owners’ rights to build affordable housing.
“I’m concerned with where we’re going as a council to say that we need to decide who can build in this town. I think it’s overreach. I think it’s unnecessary. To me this is an attack on District 1,” Anderson said. “This is an attack on poor people. And this is an attack on young people.”
He added, “So what are we saying about people that live in these homes, that they’re not good enough to be in Taylor? Are we trying to price people out that can’t afford a new home, to only have certain people live in this community? That’s not the Taylor I grew up in.”
The issue ended up on the city agenda by way of an executive session where the council discussed household finance corporations.
HFCs are government entities providing tax exemptions for multifamily housing projects that offer affordable units.
Through a loophole in Texas law, HFCs can grant tax exemptions to developments in areas outside their jurisdiction. This effectively takes the property off the local tax rolls, but the city is still responsible for the infrastructure while receiving no property taxes to support it.
The Legislature is currently trying to reform the system that allows HFCs to operate.
Taylor Councilman Robert Garcia commended city staff for discovering that an HFC was trying to establish property within Taylor’s city limits and preventing it.
“The initial concern was with the HFCs trying to pull a fast one on communities throughout the state. I want to protect our citizens from having existing properties within the cities taken off the tax rolls,” said Mayor Dwayne Ariola.
Ariola instructed Pearson to bring back a draft plan that could thwart HFCs and while taking into account the community’s feelings.
Residents at the Feb. 27 meeting voiced concerns about council overreach, slowing down infill development, creating an environment where developers were afraid to take a risk on Taylor, and preventing the growth of property taxes that come from multifamily developments.
Marie Bloomer reminded the council the city has land-development codes in place so that individual approval isn’t needed.
“I know you’re all here because you care about Taylor’s future. That being said, I do believe that complex decisions about land use and development should be left to the experts that we’ve hired that are in our planning division,” Bloomer said. “This is ultimately giving the five members of City Council the ultimate say of what our residents are going to build on their property.”
Amy Everheart, who serves on the Planning and Zoning Commission, said any changes to the comprehensive plan or the land-development code could be out of step with community wishes.
“(Some people say) ADUs and multifamily housing take away from the character of our neighborhoods. But what I would say is that’s what makes our neighborhoods. That is what this community said it wanted and that is what I would like you to consider going forward,” Everheart said.
