Joint Meeting of the Board of Adjustment, Planning Commission and Zoning and Platting Commission Monday, November 29, 2021 The Special Called joint meeting of the Board of Adjustment, Planning Commission and Zoning and Planning Commission will convene at 6:00 PM on Monday, November 29, 2021 at Austin City Hall, Council Chambers, Room 1001, 301 W. Second Street, Austin, TX. Some members may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live EXECUTIVE SESSION (No public discussion) The Board of Adjustment, Planning Commission and Zoning and Planning Commission will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters specifically listed on this agenda. The Commission may not conduct a closed meeting without the approval of the city attorney. Private Consultation with Attorney – Section 551.071 CITIZEN COMMUNICATION The first four (4) speakers signed up prior to the commencement of the meeting will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda A. DISCUSSION & PRESENTATION 1. Austin City Hall Revised Boards and Commissions Use Policy; Required Relocation of Meetings of the Land Use Boards and Commissions Discussion with staff concerning revised policy use of Austin City Hall, prohibition of Land Use Commissions from utilizing Austin City Hall meeting space, and City management mandate requiring relocation of meetings to the Permitting and Development Center. Staff: Denise Lucas, Director of Development Services, 512- 974-2614, denise.lucas@austintexas.gov, Rosie Truelove, Director of Housing & Planning, 512-974-3064, rosie.truelove@austintexas.gov Andy Moore, Financial Services, 512-974-7604, andrew.moore@austintexas.gov, Rodney Gonzales, Assistant City Manager, 512- 974- 2313, rodney.gonzales@austintexas.gov Liaison for Board of Adjustment: Elaine Ramirez, 512- 974-2202 Liaison for Planning Commission and Zoning and Platting Commission: Andrew Rivera, 512-974-6508 ADJOURNMENT The City of Austin is committed to compliance with the American with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. Meeting locations are planned with wheelchair access. If requiring Sign Language Interpreters or alternative formats, please give notice at least 2 days (48 hours) before the meeting date. Please call Andrew Rivera at the Housing and Planning Department, at 512-974-6508, for additional information; TTY users route through Relay Texas at 711. Liaison for Board of Adjustment: Elaine Ramirez, 512- 974-2202 Liaison for Planning Commission and Zoning and Platting Commission: Andrew Rivera, 512-974-6508 SPEAKER REGISTRATION Click on link below …
TO: M E M O R A N D U M Mayor and Council Chairs of the following Boards, Commissions, and Committees: Zoning and Platting Commission; Planning Commission; Historic Landmark Commission; Board of Adjustment; Environmental Commission; Sign Review Board; Building and Standards Commission; Building and Fire Code Board of Appeals; Code and Ordinances Joint Committee; Design Commission; Electric Board; Mechanical and Plumbing Board; Small Area Planning Joint Committee; Waterfront Planning Advisory Board; and the Urban Forestry Board October 19, 2021 Change of location for land use related Commissions Denise Lucas, Development Services Department Director Rosie Truelove, Housing and Planning Department Director FROM: DATE: SUBJECT: On June 29, 2021, a memo was distributed regarding the opening of the Permitting and Development Center. As indicated within the memo, the PDC brings together resources and expertise from multiple City departments which provide permitting and development services for our community. The new facility is designed to provide a seamless development process, all in one place, for residential and commercial customers and special events permitting. All pertinent department representatives will be co-located at the PDC. As a next step for utilizing the PDC, liaisons to each respective board, commission, and committee will be asked to assist with coordinating the relocation of meetings to the PDC Conference Center, which is a key asset included in the approved design of the PDC. Coordination will include working with each board, commission, and committee to walk through the facility, identify and collaborate to solve for major concerns, and to develop and implement communications plans leading up to and through changes in meeting locations. The Conference Center is 5,000 square feet, will be equipped to televise meetings through ATXN by late February 2022, has sufficient room for 351-person occupancy and the capacity to be separated into small rooms, and has a 969-parking space garage connected to the PDC. Changes in meeting locations will not occur prior to February 2022. Rather, there will be initial discussions and opportunities to visit the PDC so that each respective board, commission, and committee has an opportunity to learn more about the PDC. This change will reduce the reliance on the City Hall Council Chambers and Boards and Commissions Room and reinforces the concept of the PDC serving as the City’s one-stop shop for all development and permitting related needs, which was a key recommendation in the 2015 Zucker Analysis. As with all public meetings, …
ZONING AND PLATTING COMMISSION RECOMMENDATION 20211019-D-01 Date: October 19, 2021 Subject: Future Location of Meetings Motioned By: Commissioner King Seconded By: Commissioner Greenberg Zoning and Platting Commission Meetings shall remain at City Hall, see attachment. For: Chair Barrera-Ramirez Vice-Chair Kiolbassa and Commissioners Acosta, Bray, Denkler, Greenberg, King, Thompson and Woody Recommendation: Vote: 9-0 Abstain: Smith One vacancy on the Commission Attest: Andrew D. Rivera Zoning and Platting Commission Liaison Zoning and Platting Commission Resolution to Continue to Meet at City Hall Whereas, City Hall is a well-known and accessible landmark that is centrally located; Whereas, since the opening of City Hall it has hosted the meetings of the Zoning and Platting Commission; Whereas, City management has decided to move the meetings of the Zoning and Platting Commission, the Planning Commission and the Board of Adjustment to the City of Austin Permitting and Development Center (PDC) at Highland Mall without informing the commission or the public; Whereas, moving the Zoning and Platting Commission public hearings to the PDC places an undue burden on the public, the staff and the commissioners; Whereas, public hearings on zoning and land use cases by the Zoning and Platting Commission and the City Council should be in the same location to avoid confusing the public and the need for multiple notices, especially since members of the public may be unfamiliar with the locations; Whereas, signage is lacking, with only small signs on the glass doors facing Wilhelmina Delco Drive, the PDC’s official address, making it easy for participants to miss, yet the public entrance is on Thomas Hatfield Way; Whereas, seven high-frequency bus routes serve City Hall including two MetroRapids, yet only two high-frequency bus routes – the 7 and the 337 – and the Red Line serve the PDC, and the bus stops are closer to City Hall than they are to the PDC; Whereas, the safety and security of participants is paramount and City Hall has metal detectors, security immediately outside the chamber and secure parking; Whereas, Highland Mall is a construction zone so pedestrians and transit riders will have to walk past empty lots at night including a vacated lot used for surface parking across the street from the PDC, while City Hall is in the middle of an active, walkable downtown; Whereas, City Hall has a dais, computers on the dais, work tables for staff and comfortable, permanent chairs for the public …
BOARD OF ADJUSTMENT RECOMMENDATION 20211108-F-4 Date: 11/08/2021 Subject: Resolution for Board of Adjustment hearings/meetings to continue at Austin City Hall Motioned By: Board Member Thomas Ates Seconded By: Vice-Chair Melissa Hawthorne Recommendation On 11/8/2021 the Board of Adjustment unanimously approved a resolution for board meetings to continue to be held at City Hall. Description of Recommendation to Council Please see accompanying Resolution Rationale: In the interest of transparency, equity, and accessibility for all Austinites to the Board of Adjustment, the Board is in unanimous agreement that future hearings and meetings should continue to be held at Austin City Hall. Vote For: 11 Against: 0 Abstain: 0 Absent: 0 Attest: Chair Jessica Cohen 1 of 1 City Council & City Manager, Adjustment; and WHEREAS, since the opening of City Hall it has hosted the meetings of the Board of WHEREAS, the Board of Adjustment is a quasi-judicial sovereign board only appealable to state district court rather than city council that has an impact on the development and growth of the City of Austin; and WHEREAS, sovereign boards are held to a higher standard than advisory boards and WHEREAS, land use board and commission public hearings take place outside normal commissions; and business hours; and WHEREAS, the Board of Adjustment is not a city department or service; and WHEREAS, City management has decided to move the meetings of the Board of Adjustment, the Planning Commission, and the Zoning and Platting Commission to the City of Austin Permitting and Development Center (PDC) at Highland Mall without informing the Board or the public; and WHEREAS, moving the Board of Adjustment public hearings to the PDC places an undue burden on the public, the staff and the board members; and WHEREAS, public hearings for variances, special exceptions, and administrative appeals by the Board of Adjustment should be in the same location as city council and other land use commissions to avoid confusing the public; and WHEREAS, PDC signage is lacking, with only small signs on the glass doors facing Wilhelmina Delco Drive, the PDC’s official address, making it easy for participants to miss, yet the public entrance is on Thomas Hatfield Way; and WHEREAS, seven high-frequency bus routes serve City Hall including two MetroRapids, yet only two high-frequency bus routes – the 7 and the 337 – and the Red Line serve the PDC, and the bus stops are closer to City Hall than they …
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 BYLAWS OF THE Zoning and Platting Commission ARTICLE 1. NAME. The name of the board is Zoning and Platting Commission ARTICLE 2. PURPOSE AND DUTIES. The purpose of the board is to perform duties relating to land use and development prescribed by Title 25 of the City Code, and other duties as may be assigned by the City Council. ARTICLE 3. MEMBERSHIP. (A) The board is composed of eleven members appointed by the city council. (B) A member serves at the pleasure of the city council. (C) Board members serve for a term of four years beginning March 1st on the year of appointment. (D) An individual board member may not act in an official capacity except through the action of the board. (E) A board member who is absent for three consecutive regular meetings or one-third of all regular meetings in a “rolling” twelve month timeframe automatically vacates the member’s position subject to the holdover provisions in Section 2-1-27 of the City Code. This does not apply to an absence due to illness or injury of the board member, an illness or injury of a board member’s immediate family member, active military service, or the birth or adoption of the board member’s child for 90 days after the event. The board member must notify the staff liaison of the reason for the absence not later than the date of the next regular meeting of the board. Failure to notify the liaison before the next regular meeting of the board will result in an unexcused absence. (F) At each meeting, each board member shall sign an attendance sheet which indicates that the member does not have a conflict of interest with any item on that agenda, or identifies each agenda item on which the member has a conflict of interest. Failure to sign the sheet results in the member being counted as absent and his/her votes are not counted. (G) A member who seeks to resign from the board shall submit a written resignation to the chair of the board, the staff liaison, or the city clerk’s office. If possible, the resignation should allow …
(D) The board shall meet monthly 5:30p.m. on the second Monday of each month at Austin City Hall. In November of each year, the board shall adopt a schedule of the meetings for the upcoming year, including makeup meeting dates for the holidays and cancelled meetings. (E) The chair may call a special meeting, and the chair shall call a special meeting if requested by three or more members. The call shall state the purpose of the meeting. A board may not call a meeting in addition to its regular scheduled meetings as identified in its adopted meeting schedule, more often than once a quarter, unless the meeting is required to comply with a statutory deadline or a deadline established by Council. I (F) Six members constitute a quorum,_however, in order to approve a zoning variance or special exception, or to reverse an administrative decision on appeal, the following rules apply: (i) The affirmative vote of three-fourths of all qualified voting members is required. If all positions have been appointed and no board member is disqualified from voting, the minimum number of votes required is 9 out of 11. (ii) For purposes of calculating a required super-majority, the total number of positions excludes any vacancies (i.e., seats for which no appointment has been made) and members who are legally disqualified from voting on a particular case. For example, if one position is vacant and another position is held by a member who is legally required to recuse herself on a particular matter, then the required super-majority for that case would be 7 votes (i.e., three-fourths of 9, rounded to the nearest whole number). (G) If a quorum for a meeting does not convene within one-half hour of the posted time for the meeting, then the meeting may not be held. (H) To be effective, a board action must be adopted by: (i) an affirmative vote of the number of members necessary to provide a quorum; or (ii) for zoning variances, special exceptions, and administrative appeals, a three-fourths supermajority as determined under Subsection (F) of this article. (I) The chair has the same voting privilege as any other member. (J) The board shall allow citizens to address the board on agenda items, except individual cases under Article 2(A)(l) through (3) and (B)(l) and (2).lf a citizen requests in writing that a matter within the scope of the board's responsibilities other than …
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 BYLAWS OF THE PLANNING COMMISSION ARTICLE 1. NAME. The name of the board is Planning Commission. ARTICLE 2. PURPOSE AND DUTIES. The purpose of the board is to serve as the Land Use Commission, as required by Title 25 of the City Code, and to carry out the following duties assigned by City Charter Article X (Planning): (A) Review and make recommendations to the council regarding the adoption and implementation of a comprehensive plan or element or portion thereof prepared under authorization of the city council and under the direction of the city manager and responsible city planning staff. (B) After a comprehensive plan or element or portion thereof has been adopted: i. Review and make recommendations to the council on all amendments to the comprehensive plan or element or portion thereof. ii. Review and make recommendations to the council on all proposals to adopt or amend land development regulations for the purpose of establishing the relationship of such proposal to, and its consistency with, the adopted comprehensive plan or element or portion thereof. For purposes of this article and subsection, “land development regulations” includes zoning, subdivision, building and construction, regulating, or affecting the use or development of land. (C) Pursuant to ordinances adopted by the council, exercise control over platting and subdividing land within the corporate limits of city areas that are: (i) covered by or in the process of developing Neighborhood Plans; the former Robert Mueller Airport site; and (iii) a Transit Oriented Development district. See: City Code Sections 25-1-46(C)-(D) & 2-1-187(B). The board must insure the consistency of any such plats or subdivisions with the adopted comprehensive plan or element or portion thereof. (D) Submit annually to the city manager, not less than ninety (90) days prior to the beginning of the budget year, a list of recommended capital improvements, which in the opinion of the board are necessary or desirable to implement the adopted comprehensive plan or element or portion thereof during the forthcoming five-year period. (E) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend annually to the council any changes in or amendments …
Office of the City Clerk Denial of Board of Adjustment, Planning Commission and Zoning and Platting Commission adopted 2022 meeting schedules. From: Goodall, Jannette <Jannette.Goodall@austintexas.gov> Sent: Wednesday, November 10, 2021 2:25 PM To: Cohen, Jessica - BC <BC-Jessica.Cohen@austintexas.gov>; Rivera, Andrew <Andrew.Rivera@austintexas.gov> Cc: Rios, Myrna <Myrna.Rios@austintexas.gov>; Alexander, Jason <Jason.Alexander@austintexas.gov>; Hall, Stephanie <Stephanie.Hall@austintexas.gov>; Rodriguez, Joseph <JosephA.Rodriguez@austintexas.gov>; Ramirez, Elaine <Elaine.Ramirez@austintexas.gov>; Truelove, Rosie <Rosie.Truelove@austintexas.gov>; Cronk, Spencer <Spencer.Cronk@austintexas.gov>; Rusthoven, Jerry <Jerry.Rusthoven@austintexas.gov>; Lucas, Denise <Denise.Lucas@austintexas.gov>; Moore, Andrew <Andrew.Moore@austintexas.gov> Subject: FW: Board of Adjustment 2022 Meeting Schedule Chair Cohen, The Office of the City Clerk will book the January and February meeting dates at City Hall per the request. However, please refer to the attached memo which was distributed to the Chairs of all of the land use commissions regarding the meeting location changes scheduled for 2022. Based on this direction, the Clerk’s Office is unable to book any additional reservations at this time for BOA at City Hall. I would recommend reaching out the PDC to book the remaining 2022 meetings at the new Center. If you have questions about facility use decisions, please reach out to Jason Alexander in the City Manager’s Office. In addition, staff may want to confirm the resolution that was sent, the one provided to the Clerk’s Office was from the ZAP Commission. Jannette Goodall, MMC, TMRC, CRM City Clerk City of Austin PO Box 1088 Austin, Texas 78767 512-974-2211 From: Goodall, Jannette <Jannette.Goodall@austintexas.gov> Sent: Wednesday, November 10, 2021 9:59 AM To: Rivera, Andrew <Andrew.Rivera@austintexas.gov>; Shaw, Todd - BC <BC- Todd.Shaw@austintexas.gov> Cc: Rios, Myrna <Myrna.Rios@austintexas.gov>; Hall, Stephanie <Stephanie.Hall@austintexas.gov>; Rodriguez, Joseph <JosephA.Rodriguez@austintexas.gov>; Lucas, Denise <Denise.Lucas@austintexas.gov>; Truelove, Rosie <Rosie.Truelove@austintexas.gov>; Alexander, Jason <Jason.Alexander@austintexas.gov>; Hempel, Claire - BC <BC-Claire.Hempel@austintexas.gov>; Cronk, Spencer <Spencer.Cronk@austintexas.gov>; Rusthoven, Jerry <Jerry.Rusthoven@austintexas.gov>; Moore, Andrew <Andrew.Moore@austintexas.gov> Subject: RE: Planning Commission 2022 Meeting Schedule and Adopted Rules of Procedure The Office of the City Clerk will book the January and February meeting dates at City Hall per the request. However, please refer to the attached memo which was distributed to the Chairs of all of the land use commissions regarding the meeting location changes scheduled for 2022. Based on this direction, the Clerk’s Office is unable to book any additional reservations at this time for the Planning Commission at City Hall. I would recommend reaching out the PDC to book the remaining 2022 meetings at the new Center. If you have questions about facility use decisions, please reach out to Jason Alexander in the …
THE PLANNING COMMISSION OF THE CITY OF AUSTIN Resolution to Schedule Planning Commission Meetings at Austin City Hall WHEREAS, the Planning Commission is established by Charter. WHEREAS, the Planning Commission receives authority and direction from State Law, City Charter, City Code and Planning Commission Rules of Procedure. WHEREAS, the City Charter establishes the membership of the commission to include the City Manager, the Chair of the Board of Adjustment, the Director of Public Works and the President of the Board of Trustees of the Austin Independent School District all serving as ex officio members. WHEREAS, in a memorandum dated October 19, 2021, the City of Austin Department Directors of Development Services and Housing and Planning notified chairs of land use boards and commissions that board and commission meetings would be relocated to the Permitting and Development Center (PDC) in February 2022. WHEREAS, the Planning Commission, upon hearing concerns from the public and the other sovereign commissions of the City staff’s decision to move meetings from City Hall, took action by affirmative vote as provided by City code. WHEREAS, Planning Commission concurs with the concerns of Zoning and Platting Commission and the Zoning Board of Adjustment as documented in their resolutions on this matter. WHEREAS, on November 9, 2021, Planning Commission unanimously adopted amended Rules of Procedure to include the meeting place of Austin City Hall for all its regular meetings. WHEREAS, per City Code, adoption of the Planning Commission’s meeting schedule rests solely with the Planning Commission. WHEREAS, the Planning Commission unanimously approved its 2022 schedule identifying Austin City Hall as its meeting location, which was subsequently posted to the public on-line. WHEREAS, in accordance with City Code, on November 10, 2021, the approved 2022 meeting schedule was provided to the Office of the City Clerk. WHEREAS, on November 10, 2021, the Planning Commission Chair received an email from the City Clerk in response to the Planning Commission’s approved 2022 schedule that they would only book Planning Commission meetings at Austin City Hall through February 2022 and declining to book meetings for the remainder of 2022. WHEREAS, City code does not provide the Office of the City Clerk the right to deny the Planning Commission’s schedule submittal. WHEREAS, on November 9, 2021, the Planning Commission unanimously approved a recommendation to Council to change Planning Commission Bylaws to include Austin City Hall as the Planning Commission’s meeting location. WHEREAS, the change …
From: To: Cc: Subject: Date: Attachments: Hall, Stephanie Boards and Commissions Rodriguez, Joseph 2022 Regular Meeting Schedule Wednesday, October 6, 2021 6:03:17 PM Reservation Form.docx Dear Liaisons, That time of year has come upon us once again - it’s time to approve annual schedules! Although there is still some uncertainty in how meetings will look next year, each board or commission should approve their regular meeting schedule as they “normally” would. Please make sure your board or commission approves their 2022 regular meeting schedule in October or early November. Once approved, please send the approved schedule over to me (and Cc: Joseph) to review. We must receive the approved schedule by November 30th to maintain the Board’s place in the scheduling queue. The schedules should be approved as if meetings will be occurring in person. Adjustments will be made should anything change. Is your Board or Commission wanting to change the regular date/time of their meetings? Keep in mind any potential changes may cause rippling scheduling conflicts. Most boards and commissions have established dates and times to maintain a decent rotation and room availability. We will likely not be able to accommodate any changes in the schedule for City Hall rooms. Additionally, we are currently ONLY able to utilize Chambers or the Boards and Commissions Room for meetings at City Hall due to occupancy limits in place to accommodate social distancing. There is no telling when or how that will change, so I’m including a list of alternate contacts for other meeting locations below. Does your Board/Commission normally meet in City Hall? In addition to the approved schedule, complete and send the attached room request form. Typically reservation requests for City Hall should be sent to the reservation desk, but please send the annual requests to Joseph or I so they can be reviewed first. Other things to keep in mind: Please have the schedule discussion and approval on your B/C agenda as soon as possible. Schedules must be APPROVED by the Board or Commission to be added to the scheduling queue. Do not send us any draft calendars. We will not begin booking rooms until Council and Council Committees have approved their schedules and booked the necessary rooms. City Hall is at capacity – priority is given to meetings that have historically met in a specific room during a specific date/time. However your approved schedules must be submitted on …
Dear Commissioners, I am reaching out to you regarding Item A.1, which is the City Staff’s proposal to move future Board of Adjustment, Planning Commission and Zoning and Platting Commission Meetings to a new location in far North Austin. In regards to this item, please know that I am not speaking on the behalf of the Southeast Combined Neighborhood Plan Contact Team, but this item is on our next meeting's agenda, which is scheduled for December 13, 2021. It is listed on the SCNPCT Agenda as a "Discussion and Possible Action" item. The SCNPCT membership was alerted on this issue during our last meeting, but it was too late for us to formally consider and respond (vote) to any concerns we may have. I must say that we were extremely surprised to know this was even being considered. Our Contact Team represents residents from the City of Austin and Del Valle. As a D2 resident, I would fully support any efforts to ensure the Board of Adjustment, Planning Commission and Zoning and Platting Commission meetings stay centrally located at City Hall. Moving the meetings would add an undue burden to the residents in far SE Austin and Travis County. As you are aware, our population is very diverse and mostly representative of low-income and people of color, plus there would be challenges in having access to public transportation in order to make meetings on time or even return home safely, if there is any public transportation available when the meetings run extremely late. I do not think the Equity Office was consulted on the impact this move would have for vulnerable populations? The City Hall location is central and the logically best location for all residents when it comes to equal access for all residents. Additionally, because City Hall is centrally located, the surrounding residents and businesses would be best equally served, including equally disadvantaged. If the meetings are moved far North, those living and/or working in South Austin, particularly SE Austin, will be at a much greater disadvantage to publicly engage in BOA, PC and ZAP hearings. This could have an adverse impact on our community when equal access to community engagement is not afforded to the residents of the City of Austin and Travis County. With all the growth in our area, specifically in Southeast Austin, it will make it harder if not impossible for our community to …
Zucker Report Full Report www.austintexas.gov/sites/default/files/files/Development_Services/ZuckerFinalReport/ZuckerFinalRep ort.pdf XVI. Boards and Commissions http://www.austintexas.gov/sites/default/files/files/Development_Services/ZuckerFinalReport/Zuck erFinalReport_16_BoardsCommissions.pdf
