What has the Neighborhood Association Ever Done for ME

Allandale’s Neighborhood Plan
by Allan McMurtry

When Allandale was being formed, subdivision by subdivision, starting in the far south along 45^th   Street after WWII and the far east south of Northland in the late 1930s, the City of Austin had rudimentary zoning laws. On occasion, the City would be uncertain as to what zoning was appropriate for an area and it would identify it as Interim Zoning. This meant that the zoning was there as an indication only. That zoning could be changed over owner’s or the surrounding neighbors’ objections much easier than permanent zoning. Interim zoning only required a majority vote of the Council to change it rather than a super majority vote of 75%. The result for Austin wasn’t particularly ominous as Austin was growing slowly and from a smaller base. As Allandale grew west, but mostly north, the number of lots of Interim Zoning grew. Back then, residential zoning would allow both duplex and single family dwellings. This was actually much more permissive than the predominant single family residential use found in deed restrictions.

In late 1979, the Allandale Neighborhood Association was experiencing zoning requests that were violations of the deed restrictions across Allandale, but conformed to the zoning. This required much effort and time, and in some cases, it required lawsuits. Each zoning case entailed many hours of work and lobbying before the Planning Commission and City Council, and the frequency of zoning requests seemed to be escalating. A proposal was made to, in essence, create a Neighborhood Plan for Allandale. This Plan would require a massive zoning change for the entire area from Anderson south to 45^th St and from Burnet to MoPac.

The dominant theory was that, if a homeowner signed a paper endorsing the deed restrictions, as we all do when we buy property in a subdivision, then the zoning should meet those deed restrictions. Failing that, the Austin Tomorrow Plan specified that zoning in Austin should reflect the current land. The idea of a Neighborhood Plan to reflect the land use and agreed use in deed restrictions began to catch hold. Such zoning would alert neighbors of changes to both their deed restrictions and zoning. Further, this change would make the City a partner in enforcing this duality, a benefit to both the neighborhood in stability and the City in increased tax revenues.

In order to make this happen, Allandale needed to jump several hurdles. First, the existing Interim Zoning had to be changed to permanent zoning (over 80% of Allandale was interim zoning); second, the A zoning (now SF3) needed to be changed to reflect the current usage; third, a massive research project had to be undertaken to identify every subdivision plat in Allandale and the corresponding deed restrictions; fourth, the ANA would have to make a formal request of the City of Austin, directly to the City Council, to instruct the Zoning Department to spend the necessary time to identify every property owner in Allandale and within 300’ for Allandale, prepare legal descriptions of the area, and serve legal notice to them of the proposal. To that effect a letter was sent under the authority of the current Allandale Executive Committee by the President of Allandale, Terry Leifeste, requesting that staff time. The Plan would be the largest zoning change in the history of Austin Texas by a factor of 4. It would cover almost 2 sections of land, some 3050 homes, and notice to multiple businesses. The Executive Committee determined that the commercial and retail zoning along Burnet and Anderson were appropriate for the needs of the neighborhoods surrounding them, and left the zoning on those lots as they were currently configured.

It began with a letter in  February, 1980, from the ANA under Mr. Liefeste’s signature requesting that the City Council meet to hear our request for this Plan and to vote the time and funds necessary to complete the process. The ANA went before the Planning Commission to request the Rollback on February 25, 1980. The City Council met and authorized this process the following month.

The Planning Department had staff limits, and they requested documentation from Allandale relating to current deed restrictions and current land use. Also, the ANA agreed to send out on its newsletter the rationale behind the request for the zoning changes. This documentation would include an exact description of all the areas that were included in the zoning changes. That began the research. A Committee, headed by Allan McMurtry, with Terry Leifeste (de jure member as President), Lois Zinsmeyer, John Panak, and Rene Lozano, was formed to provide a single map of Allandale that showed the outline of each subdivision by name. As the puzzle began to emerge from plats filed in the Travis County Courthouse, the names were listed. Some of the deed restrictions were written on the plats while some we filed in the recorded land deed for the plat. This meant that each of the subdivision maps had to be physically located and viewed with an eye to written notes on them. Then the instrument creating the subdivision had to be located and copied, looking specifically for the type of residential use permitted. These subdivisions were listed by Volume and Page number and by limits as to height, residential use, and any other pertinent notes.

Allandale had some 39 subdivisions. The City was very interested in the legal arguments for changing an Inter A (allowing duplexes or multi-family use) to a Permanent AA (single family residential use only). While the deed search continued, the process of determining actual use began simultaneously within the City and within Allandale. Ultimately, any use that was not single family use was listed by type for each lot in Allandale. Both the City of Austin and Allandale participated in this search for different uses, comparing notes and lists, and verifying the accuracy of a master list. Further, each lot was listed by its City Plat number.

By August, 1980, the process was complete. Some seriously divisive issues required in depth research into zoning cases dating back to 1969. One such case was on Montview. Several lots were zoned for Apartment use and a request for construction of 55 apartment units had been filed with the City. Research verified that such use was granted merely to provide a paved road from Burnet to Montview in the middle of the block. The then owner stated that the purpose was not to build apartments but to provide access to his business, a drive-in bank, from the back. Close to this lot was another lot zoned for Apartments. One of the owners, Doug Tabony, upon hearing that the lots in mid-block were not actually zoned for apartment use voluntarily included his lots in the rollback, provided the lots at mid-block were changed back to single-family use. Another area of 4 lots of light retail on Great Northern was changed to single family residential use.

There were several cases like this that were critical to establishing a single-family residential area that was unified. Numerous holes would make the Plan harder to sale, so this research paid off handsomely for those who owned houses on Montview. As is always the case, the periphery is where the first battles begin. Getting the area behind Burnet solid was imperative. And, basically, it was accomplished.

There were 25 people who opposed the new zoning. The City notified the following:
- 3021 single family homes (my notes show more than this—these are from the City)
- 53 duplexes or town homes
- 3 apartments
- 11 business parcels
- 21 public or non-profit parcels
- 14 vacant parcels
- 1235 acres of land
- 46 identifiable subdivisions
(One section lists 3516 lots in the rollback area)

The key dates were as follows:

• Feb 24, 1980 - Planning Commission official approval
• March 1-3, 1980 - Sent out leaflets around Allandale regarding the process
• March 12, 1980 - Complete the land survey
• April 12, 1980 - Complete the ownership identification

• July 2, 1980 - City Staff began the process
• July 25, 1980 - Legal notices mailed to all concerned property owners
• July 30, 1980 - The ANA posted signs around the neighborhood regarding the Public Hearings
• August 5, 1980 - The Planning Commission held a public hearing and voted unanimously to adopt the ANA’s recommendations
• August 5, 1980 - The Planning Commission voted to place a moratorium on zoning changes within the Allandale Area until the City Council had a chance to vote on the entire Plan
• August 28, 1980 - The City Council held its public hearing
• September 15, 1980 - City Council voted 7-0 to change zoning on Allandale properties as outlined with the listed exceptions - 6 plus ??. Those who opposed the rollback but had deed restrictions requiring SF2 were rolled back by a 6-1 vote with Mayor Carole McClellan voting no.
• March 18, 1981 - The City formerly adopted the Ordinance making the Council Vote law.

The ANA committed to:
- Determine existing land use
- Assist in determining legal ownership
- Code forms for mailing labels
- Put up signs and answer questions
- Speak at the public hearing on the request

In addition, the ANA Rollback Committee listed every non-SF2 lot in Allandale by Plat Number and street. It also listed the exact legal description of each of those 80 lots. All this was done by going street by street classifying lots.

Another part of the process was to gather signed petitions in support of certain actions. This was generally part of the process on Montview where retension of SF2 housing was crucial. These petitions required walking the streets, house-by-house to explain the situation, with maps, and ask for written support.