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July 20, 2022

Agenda original pdf

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Meeting of the Codes and Ordinances Joint Committee July 20, 2022 at 6:00 p.m. Street Jones Building – Room #400A 1000 E. 11th St, Austin, TX 78702 Some members of the Codes and Ordinances Joint Committee may be participating by video conference. Public comment will be allowed in-person or remotely by telephone. Speakers may only register to speak on an item once, either in-person or remotely, and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation. To register, call or email the board liaison at 512-974-3509 or greg.dutton@austintexas.gov CURRENT COMMITTEE MEMBERS Nadia Barrera-Ramirez (Chair) Claire Hempel (Vice-Chair) Awais Azhar Todd Shaw Ann Denkler Jolene Kiolbassa Greg Anderson CALL TO ORDER PUBLIC COMMUNICATION: GENERAL Speakers signed up prior to commencement of the meeting will be allowed to address their concerns regarding items not posted on the agenda. APPROVAL OF MINUTES 1. Approval of the June 15, 2022, meeting minutes. DISCUSSION AND ACTION ITEMS 2. Election of Officers. Elect a chair and vice-chair of the Codes and Ordinances Joint Committee. 3. Parkland Dedication. Discuss and consider a recommendation for adoption of an ordinance amending Title 25 of the City Code to require parkland dedication for commercial developments. City Staff: Randy Scott, Parks and Recreation Department, (512) 974-9484, Randy.Scott@austintexas.gov. (Sponsor: Commissioner Shaw; co-sponsor: Commissioner Hempel). DISCUSSION ITEMS 4. Update on Potential Upcoming and Current Code Amendments – City Staff: Greg Dutton, Facilitator: Chair Barrera-Ramirez City Attorney: None 1 Housing and Planning and Department, (512) 974-3509, Greg.Dutton@austintexas.gov. FUTURE AGENDA ITEMS Future agenda items will NOT be discussed at the current meeting, but will be offered for initiation, discussion, and/or possible recommendation to the full Planning Commission at a FUTURE meeting. 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 before the meeting date. Please call Greg Dutton at Planning and Development Review Department, at (512) 974-3509, for additional information; the City receives and accepts Video Relay Service (VRS) calls from people who are Deaf or hard-of-hearing. For more information on the Codes and Ordinances Joint Committee, please contact Greg Dutton at (512) 974-3509 or at greg.dutton@austintexas.gov Facilitator: …

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July 20, 2022

Parkland dedication: draft ordinance original pdf

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PROPOSED CHANGES TO ARTICLE 14 (PARKLAND DEDICATION) ADDING COMMERCIAL PARKLAND DEDICATION REQUIREMENTS DRAFT SUBJECT TO ADDITIONAL CHANGES VERSION TWO ARTICLE 14. PARKLAND DEDICATION.1 § 25-1-601 GENERAL PROVISIONS. (A) The City of Austin has determined that recreational areas in the form of public parks are necessary for the well-being of residents and employees. The City has further determined that the approval of new residential and commercial development is reasonably related to the need for additional parkland and park amenities to serve new development. This article establishes a fair method for determining parkland dedication, or the payment of a fee in-lieu of dedication, to be required as a condition to the approval of new development in an amount proportionate to the impact of development on existing parks and established levels of service. (B) Except as otherwise provided in this section, the parkland dedication requirements of this article apply to: (1) a residential and commercial subdivision within the planning jurisdiction; a site plan within the zoning jurisdiction that includes residential units or commercial square footage [a hotel-motel use]; and a [residential]building permit for residential and commercial development, as provided under Section 25-1-608 (Dedication of Land or Payment In-Lieu at Building Permit). (C) The following are exempt from the requirements of this article: a subdivision or site plan for which parkland was previously dedicated or payment made under this title, except for the dwelling units or commercial square footage [lots] that exceed the number for which dedication or payment was made; (2) development within the City's extraterritorial jurisdiction that is within Travis County and governed by Title 30 (Austin/Travis County Subdivision Regulations); and (3) affordable dwelling units that are certified under the S.M.A.R.T. Housing Policy approved by the city council. (2) (3) (1) (D) The following definitions apply throughout this article: (1) ANNUAL OCCUPANCY RATE means the hotel-motel occupancy rate for the City of Austin, as reported annually by the Texas Economic Development & Tourism Office. (2) COMMERCIAL OCCUPANCY RATE means the City of Austin’s current commercial occupancy rate as determined annually by the director annually using the most recent data from the Austin Chamber of Commerce or a comparable source if deemed appropriate by the director. (3) COMMUTER POPULATION PERCENTAGE means the percentage of employees who live outside the City of Austin’s corporate limits, as determined by the most recent United States Census. 1Editor's note(s)—Ord. No. 20160128-086, Pt. 2, adopted February 8, 2016 …

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July 20, 2022

Parkland dedication: fee methodology original pdf

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DRAFT 2022-2023 Commuter Commercial Parkland Fee Calculation Methodology In 2022 the City Council approved Ordinance XXXXXXXXXX which created a formula to determine the commercial fees required in-lieu of parkland dedication. The Ordinance requires an annual adoption of the parkland dedication fees during the annual fee schedule process. The fee calculation methodologies are established in § 25-X-XXX The below 2022-2023 fees reflect the Council approved calculation methodology to be adopted annually. Several of the variables in the formula are static from year to year, including the square feet per person and the operations hours. Some of the variables will be reevaluated each year based on publicly available data, such as the occupancy rate and the percent commuter workforce, as well as the fees-in-lieu of parkland land dedication and park development. The only variable in the above formula that is unique to the new development is the total square feet of the development. Variables Calculation Factor Description Parkland Level of Service Service Population / Park Acres Fee In-Lieu of Land 96.70 Service Population per 1 acre Park Acres City Population 10,086.32 Park Acres (excludes Metro and District Parks) Parkland Cost Factor $365,653.44 per acre 975,321 (2021 Population) Current City Population Average land cost of acres purchased over the last five years Park Development 4,046.98 Service Population per park Facilities Level of Service Service Population / Number of Developed Parks Number of Developed Parks City Population Park Development Cost Factor 241 975,321 (2021 Population) $1,423,928.42 Count of all developed parks Current city population Cost of developing one Neighborhood Park Functional Population Office Employee Density 300 sq ft /person Office Occupancy 0.92 Office Operation Hours 0.238 Retail Employee Density 550 sq ft / person Retail Occupancy Retail Operation Hours 0.95 0.375 U.S. Green Building Council estimate of the square feet per person in LEED BD+C: New Constructionv4 - LEED v4. Appendix 2. Default occupancy counts Austin area occupancy rates derived from the Chamber of Commerce 'Austin Area Profile' reflecting occupancy by use in Q2 2021 Office use occurs 5 out of 7 days of the week, and 8 hours a day, equal to 23.8 percent (40 hours out of 168 hours a week) operation occupancy. U.S. Green Building Council estimate of the square feet per person in LEED BD+C: New Constructionv4 - LEED v4. Appendix 2. Default occupancy counts Retail occupancy rates derived from NAI Partners report published in Q2 2021 Retail use occurs …

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July 20, 2022

Parkland dedication: nexus study original pdf

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Updated : 6/27/22 --Draft: Study of Parkland Dedication Requirements for Commercial Uses-- This study provides an overview of parkland dedication as it pertains to retail, industrial, and office uses, as directed by City Council in Resolution No. 20220407-042, passed April 7th, 2022. This Study, produced by the Parks and Recreation Department, outlines the applicability of creating a new ordinance to require parkland dedication for commuters of commercial developments and outlines the methodology behind said ordinance. This Study may be used as the basis for creating a parkland dedication commuter commercial ordinance, for review and approval by City Council after a public and stakeholder engagement period. Purpose Parkland is an essential city service that affords well documented economic, recreational, physical, and mental health benefits to its users (see research conducted by RigolonError! Hyperlink reference not valid. 2022, who cite CromptonError! Hyperlink reference not valid. 2019, and Markevych, et al. 2017). The current parkland dedication ordinance is a critical tool that allows the Parks and Recreation Department (PARD) to mitigate the impact of new users on the park level of service for the people of Austin in accordance with goals and mandates set forth in the City Charter, City Council Resolution 20091119-068, Imagine Austin Comprehensive Plan, and the PARD Long Range Plan. Parks provide recreational opportunities, create community, preserve the city’s character and natural resources, contribute to economic growth and tourism, increase transportation opportunities, and keep Austin beautiful. Parkland dedication requires new developments to account for their direct impact on the existing park system, thereby addressing several of the Imagine Austin Comprehensive Plan’s key goals including : “Expanding Transportation Choices” in Austin. “Tackling the Ethnic Divide”, “Prosperity for All”, “Protecting Our Natural Resources” and “Preserving Livability” by providing consistent parkland under rapidly changing development conditions. On February 25, 2020, the Parks and Recreation Board passed Recommendation 20200225-B3, which included the provision that commercial developments be subject to parkland dedication requirements. On March 28, 2022, the Parks and Recreation Board reaffirmed its support to require parkland dedication for office, retail, and industrial developments in Recommendation 20220328-B5. Enacting this provision would better provide parkland to Austin’s growing workforce; currently, 58% of the workforce commute from outside the city limits, and as such are not served by the existing parkland dedication ordinance, which only addresses the impact of full-time residential and hotel developments. Research shows that access to parkland is directly connected to an individual’s …

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July 20, 2022

Parkland dedication: presentation original pdf

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Austin Parks and Recreation Department Presentation on: Parkland Dedication Requirements for Commercial Developments Paul Books, Planner III; Robynne Heymans, Planner Senior; Thomas Rowlinson, Principal Planner; Randy Scott, Program Manager - Parks and Recreation Department July 20th, 2022 1 Context - Chronology • On February 25, 2020, the Parks and Recreation Board passed Recommendation 20200225-B3, which included the provision that commercial developments be subject to parkland dedication requirements. February 2020 • On March 28, 2022, The Parks and Recreation Board reaffirmed its support to require parkland dedication for office, industrial, and commercial developments in Recommendation 20220328-B5. March 2022 • On April 7, 2022, City Council passed Resolution 20220407-042 directing City Staff to require parkland dedication for office, industrial and commercial developments. April 2022 2 Applicability – Essential Nexus • Regulation must be related "both in nature and extent to the impact of a proposed development" (essential nexus, established in U.S. Supreme Court decision Nollan v. California Coastal Commission, 1987) • Growth in the commercial sector leads to increases in the City’s overall population and workforce, both users of the City’s parks system. • The National Recreation and Park Association has documented the role parks play in company locations and workforce growth. • By including commercial development into parkland dedication, the City would be able to better provide proportionate recreation services to the workforce near their places of employment. 3 3 Applicability – Rough Proportionality • Parkland level of service must • Only the 58% of Austin's workforce account for the impact the workforce has on parks. The additional workforce that enters Austin affects the current level of service. • The current level of service is set at 9.4 acres per 1,000 people. • The estimated workforce is then discounted by occupancy rates and hours of operation, to better reflect the potential park usage. that commute in from outside jurisdictions are assessed for parkland dedication requirements, eliminating any 'double counting' of existing residents who also work in Austin. 426,301 307,029 4 Chart shows number of: Non-residents commuting into Austin for work Austin residents working in Austin - not subject to Commercial PLD Source: U.S. Census OnTheMap, LEHD 2019 4 Proposed Formula Required Parkland = 9.4 acres X Functional Population 1,000 people • 9.4 acres per 1,000 people equals the established parks level of service • Functional Population • The estimated commuter workforce of a new development discounted by their relative opportunity to …

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July 20, 2022

Parkland dedication: stakeholder questions original pdf

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Commercial Parkland Dedication Stakeholder and Advocate Responses 7/15/2022 Page 1 Category affordability Question Have you done an economic impact statement to measure the affordability impact of this proposed additional fee? $2 psf for office is not small and creates concern that office rents will be raised impacting jobs and pay rates. Response City Code § 2-5-2 states the that city manager shall prepare a fiscal note for a proposed ordinance, resolution, or policy that could create an expense for the City, including a modification to the City's budget, a capital improvement project, or a council initiated matter before it is submitted to the council. To clarify, the combined per square foot fee for office is $1.75. This fee would have a positive impact on the city's budget by accounting for the impact to the park system caused by new commercial development. PARD shall confirm with the Housing and Planning Department on the issuance of an Economic Impact Statement regarding affordability. affordability In the different categories, are there any excluded categories? Different types of businesses that don’t have to do parkland dedication? We are still evaluating the applicability of the ordinance based on stakeholder and survey feedback. Draft ordinance outlines an exemption for civic uses including but not limited to schools, governmental agencies, and hospitals: "(4) civic uses as defined in Section 25-2-6 (Civic Uses)." affordability In the office example, what is the proportion of the impact of the fees to the overall cost of the office development? affordability affordability Can you provide a list of all COA development related fees in addition to proposed commercial PLD fee, including a Brief explanation/estimate/range of what a developer would pay for each of the fees. Any language about why fees are not the reason for "affordability issues." What percent of the total project cost the PLD fees would be. According to a proforma prepared by Cummings in 2021, cost per square foot to build a typical commercial building is anywhere between $148/sq ft - $657/sq ft, depending on the construction type, in Dallas, Texas. This estimate only accounts for ‘hard costs’ of construction, not the land acquisition, building design or contractor/developer overhead. Cost of parkland dedication fees currently range from $0.63/sq ft to $1.75/sq ft depending on the commercial building category. This is equivalent to about 0.27- 0.42% of the ‘hard costs’. The Development Services Website lists several fee schedules for different types …

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July 20, 2022

Parkland dedication: survey original pdf

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PLD Commercial Development Input SURVEY RESPONSE REPORT 09 May 2022 - 11 July 2022 PROJECT NAME: Parkland Dedication for Commercial Development PLD Commercial Development Input : Survey Report for 09 May 2022 to 11 July 2022 SURVEY QUESTIONS Page 1 of 57 PLD Commercial Development Input : Survey Report for 09 May 2022 to 11 July 2022 Q1 Approximately how far is your place of work from a public park? 16 (5.0%) 16 (5.0%) 109 (33.7%) 109 (33.7%) 72 (22.3%) 72 (22.3%) 58 (18.0%) 58 (18.0%) 68 (21.1%) 68 (21.1%) Question options Less than 1/4 mile 1/4 to 1/2 mile 1/2 to 1 mile More than 1 mile I do not know where the closest park or natural space is Optional question (321 response(s), 8 skipped) Question type: Radio Button Question Page 2 of 57 PLD Commercial Development Input : Survey Report for 09 May 2022 to 11 July 2022 Q2 How often do you access public parks before, during, or after work? 25 (7.7%) 25 (7.7%) 47 (14.5%) 47 (14.5%) 30 (9.3%) 30 (9.3%) 37 (11.4%) 37 (11.4%) 185 (57.1%) 185 (57.1%) Question options Never Rarely (fewer than 5 times a year) Occasionally (5 to 10 times a year) Sometimes (10 to 20 times a year) Often (more than twice a month) Optional question (322 response(s), 7 skipped) Question type: Radio Button Question Page 3 of 57 PLD Commercial Development Input : Survey Report for 09 May 2022 to 11 July 2022 Q3 If you visit park space before, during, or after the work day, please share how you use the park (choose all that apply). 250 190 275 250 225 200 175 150 125 100 75 50 25 145 109 50 34 Question options Other (please specify) Exercise (walking, running, biking, workout equipment, etc.) Relaxation, meditation, mental breaks Eating or picnicking Part of your commute to or from work Connecting with friends or family Optional question (304 response(s), 25 skipped) Question type: Checkbox Question Page 4 of 57 PLD Commercial Development Input : Survey Report for 09 May 2022 to 11 July 2022 Q4 What park amenities would encourage you to visit a nearby public park before, during, or after the work day? (choose all that apply) 251 203 184 115 91 79 71 95 59 275 250 225 200 175 150 125 100 75 50 25 Question options Multipurpose field or lawn Exercise or workout equipment Trails …

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June 15, 2022

Agenda original pdf

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Meeting of the Codes and Ordinances Joint Committee June 15, 2022 at 6:00 p.m. Street Jones Building – Room #400A 1000 E. 11th St, Austin, TX 78702 Some members of the Codes and Ordinances Joint Committee may be participating by video conference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live. Public comment will be allowed in-person or remotely by telephone. Speakers may only register to speak on an item once, either in-person or remotely, and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation. To register, call or email the board liaison at 512-974-3509 or greg.dutton@austintexas.gov CURRENT COMMITTEE MEMBERS Nadia Barrera-Ramirez (Chair) Claire Hempel (Vice-Chair) Awais Azhar Todd Shaw Ann Denkler Jolene Kiolbassa Greg Anderson EXECUTIVE SESSION (No public discussion) The Codes and Ordinances Joint Committee 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 committee may not conduct a closed meeting without the approval of the city attorney. Private Consultation with Attorney – Section 551.071 CALL TO ORDER 1. PUBLIC COMMUNICATION: Speakers signed up prior to commencement of the meeting will be allowed to address their concerns regarding items not posted on the agenda. 2. APPROVAL OF MINUTES a. Approval of the March 16, 2022, meeting minutes. b. Approval of the May 5, 2022, meeting minutes Facilitator: Chair Barrera-Ramirez City Attorney: None 1 3. REGULAR AGENDA: Previously initiated amendments to the code; offered for discussion and possible recommendation to the full Planning Commission. a. Floodplain Regulations. Discuss and consider an ordinance amending Title 25 of the City Code related to floodplain regulations. City Staff: Jameson Courtney, Watershed Protection Department, (512) 974-3399, Jameson.Courtney@austintexas.gov; (Discussion and/or Possible Action). 4. OTHER BUSINESS a. Update on Potential Upcoming and Current Code Amendments – City Staff: Greg Dutton, Housing and Planning and Department, (512) 974-3509, Greg.Dutton@austintexas.gov; (Discussion and/or Possible Action). 5. FUTURE AGENDA ITEMS Future agenda items will NOT be discussed at the current meeting, but will be offered for initiation, discussion, and/or possible recommendation to the full Planning Commission at a FUTURE meeting. 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 …

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June 15, 2022

Floodplain - Draft Ordinance original pdf

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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 DRAFT HAS NOT RECEIVED FINAL REVIEW BY LAW DEPARTMENT PART 1. City Code Section 25-7-93 (General Exceptions) is amended to read as follows: § 25-7-93 GENERAL EXCEPTIONS. (A) A development application with a proposed building or parking area that encroaches on the 100-year floodplain may be approved if the encroachment is: (1) a parking area that is smaller than 5,000 square feet or an unoccupied structure that has an area of less than 1,000 square feet, and the director determines that the proposed development: (a) will not have an adverse effect on the 100-year floodplain or surrounding properties; and (b) otherwise complies with the requirements of this title; (2) a new building for residential use that replaces an existing legally constructed building for residential use on the same property and that does not increase the number of legal dwelling units on the property; (3) a new building for commercial use that replaces an existing legally constructed building for commercial use on the same property and: (a) (b) does not increase the building square footage on the property; does not include the following uses as they are defined in the International Building Code: (i) E (Educational); (ii) F (Factory); (iii) H (High Hazard); or (iv) I (Institutional); and Page 1 of 4 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 DRAFT HAS NOT RECEIVED FINAL REVIEW BY LAW DEPARTMENT (c) does not increase the flood level of parking spaces within the 100-year floodplain unless additional parking is required by another section of this title. (4)[(3)] a building authorized by a waterway development permit issued under Chapter 9-10 before September 25, 1983; or (5)[(4)] a building in the 100-year floodplain of: (b) the Colorado River downstream from Longhorn Dam; (a) Lady Bird Lake; (c) Lake Austin; or (d) Lake Travis. (B) To be approved under this section, development must: (1) be no lower than two feet above the 100-year floodplain, as measured from the lowest floor elevation of any proposed building; (2) (3) (4) comply with the requirements in Chapter 25-12, Article 1, Section 25-12-3 Appendix G (Flood Resistant Construction) and Section 1612 (Flood Loads); compensate for the floodplain …

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June 15, 2022

Floodplain - Presentation original pdf

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Atlas 14 – Commercial Redevelopment Exception Watershed Protection Department Codes and Ordinances Joint Committee | June 15, 2022 Floodplain Regulations Update What floodplain rules did we update? What floodplain rules do we recommend updating now? 2 What floodplain rules did we update? Most significant update to our floodplain rules in their 36-year history Goal of updated rules: Protect our residents from flooding based on a better understanding of flood risk with new rainfall information Updated four basic elements of rules • Floodplain definitions • Residential redevelopment exception • Colorado River exception • Freeboard 3 Floodplain Definitions Regulatory 100-yr floodplain = Current FEMA 500-yr floodplain Regulatory 25-yr floodplain = Old COA 100-yr floodplain • Maintain the City’s level of flood protection • Limit construction of new buildings in areas with known flood risk during re- mapping process • Interim definitions until floodplains are re-mapped in 2 - 3 years 4 Residential Redevelopment Exception Administrative approval process floodplain if: 1. Replacement or modification of an existing residential building 2. Does not increase number of dwelling units 3. Finished floor elevation is at least 2 feet above the 100-year floodplain 4. No adverse flooding impact If these 4 conditions are met, the safe access requirement is waived Purpose • Incentivizes development that decreases flood risk • 80% of buildings in the 100-year floodplain are residential • Doesn’t increase the number of dwelling units at risk of flooding • Opens up opportunity for grant Existing condition Re-developed condition funding 5 Option for Minor Improvements to Residential Buildings Administrative approval process for an addition to a residential building in the floodplain if: 1. Finished floor elevation of the addition is at least 2 feet above the 100-year floodplain 2. Not a substantial improvement 3. No adverse flooding impact If these 3 conditions are met, the safe access requirement is waived 6 Colorado River Exception The previous exception allowed for a building to encroach in the 100-year floodplain if it was: • Downstream of Longhorn Dam • Along Lady Bird Lake New rule expands this exception to include: • Lake Austin • Lake Travis (within COA jurisdiction) Lake Travis Purpose • Provide uniform regulations along Colorado River • Colorado River flooding is not flash flooding like rest of City Lake Austin Lady Bird Lake Colorado River downstream of Longhorn Dam 7 7 Freeboard Increase the minimum height between a building’s finished floor and the 100-year floodplain …

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June 15, 2022

Code amendments summary table original pdf

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 C20‐2022‐006 District  Creates approach to  TBD  Fall 2022 LEAD DEPT  TBD EST. COUNCIL DATE  Late 2022  Development Services  Summer 2022  Watershed Protection  Fall 2022  Housing and Planning  Fall 2022  Parks and Recreation  Summer 2022  Watershed Protection  Summer 2022 In‐Process Code Amendments 6/13/22 1.  AMENDMENT  C20‐2022‐008 Capitol Dominance Initiated by Council on 5/19/22  C20‐2022‐007 ADU  Initiated by Council on 6/9/22 NOTES  Allows properties in CDO to participate in Downtown Density Bonus Program  Additional direction and clarification on ADU changes  Related to C20‐ 2021‐011 district level planning  Amendments to environmental and water quality regulations  Relaxes compatibility standards  Expands dedication to industrial, commercial, office projects  Creates floodplain commercial redevelopment exception uses on commercial properties currently without a residential entitlement opportunity to build ADUs 2. 3. 4. 5. 6. 7. 8. 9. Planning Initiated by Council on 6/9/22  C20‐2022‐005 Environmental and Water Quality Initiated by Council on 6/9/22  C20‐2022‐004 Compatibility Changes Initiated by Council on 6/9/22  C20‐2022‐002 Parkland Dedication Expansion Initiated by Council on 4/7/22   C20‐2021‐013 Floodplain Regulations – Commercial Redevelopment Exception Initiated by PC on 12/14/21  in Commercial Initiated by Council on 12/9/21      Expansion Initiated by Council on 12/9/21  C20‐2021‐012 Residential  Allows residential  Late 2022  Housing and Planning  C20‐2021‐011 ADU  Expands  Development Services  Summer 2022 10.  C20‐2021‐006 Vertical  Changes the  Housing and  Summer In‐Process Code Amendments 6/13/22 NOTES affordability requirements for properties using VMU  Allows additional height for VMU  Creates a mechanism for fees to be paid in‐lieu of constructing great streets  Update to DDBP fees; possible change to caps on floor area ratio and height  Changes to site plan process to expedite affordability unlocked projects  Correction to sign regulations for the University Neighborhood Overlay  Change to definition of mirrored glass AMENDMENT Mixed Use Affordable Housing Initiated by PC on 7/27/21 Initiated by Council on 11/18/21    C20‐2021‐004 Great Streets Fee‐In‐Lieu Mechanism Initiated by Council 8/22/19   C20‐2021‐003 Downtown Density Bonus Updates Initiated by Council on 4/22/21   C20‐2021‐002 Affordability Unlocked Site Plan Changes  Initiated by PC on 3/9/21  C20‐2021‐001 UNO Sign 11. 12. 13. 14.  Correction Initiated by PC …

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June 15, 2022

Draft meeting minutes March 16, 2022 original pdf

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REGULAR MEETING CODES AND ORDINANCES JOINT COMMITTEE MINUTES Wednesday, March 16, 2022 The Codes and Ordinances Joint Committee convened in a regular meeting on Wednesday, March 16, at 1000 E. 11th St, Street Jones Building, Room 400A, Austin, TX 78702. Chair Barrera-Ramirez called the meeting to order at 6:20 pm. Subcommittee Members in Attendance: Awais Azhar Claire Hempel (Vice-Chair) Joao Paulo Connolly Nadia Barrera-Ramirez (Chair) City Staff in Attendance: Sam Tedford, Housing and Planning Department CALL TO ORDER 1. APPROVAL OF MINUTES a. Approval of the February 16, 2022, meeting minutes. A motion was made to approve the minutes by Commissioner Azhar, seconded by Commissioner Hempel. Vote: 4-0. (Commissioners Kiolbassa, Denkler, Shaw absent). 2. NEW BUSINESS a. Meeting Location, Time, and Format. Discuss and consider future COJC meeting location, time, and format; (Discussion and/or Possible Action). Commissioners discussed potential different meeting locations; staff suggested keeping the same meeting date and time at the Street Jones Building, as it would be more efficient for staff and no changes would be required. Commissioners agreed to maintain the current date, time, and location of the COJC, without objection. 3. POTENTIAL CODE AMENDMENTS: Proposed for Discussion and/or Initiation Potential amendments to the code are offered for discussion and/or possible recommendation for initiation. If initiated, Staff will research the proposal and report back to the subcommittee. Facilitator: Commissioner Barrera-Ramirez, Chair of COJC City Attorney: None 1 a. None. 4. REGULAR AGENDA: Previously Initiated Previously initiated amendments to the code are offered for discussion and possible recommendation to the full Planning Commission. a. Vertical Mixed Use. Consider an ordinance amending Title 25 of the City Code related to vertical mixed use (VMU) buildings. City Staff: Sam Tedford, Housing and Planning and Department, (512) 974-2613, sam.tedford@austintexas.gov; (Discussion and/or Possible Action). Commissioner Azhar gave an update of the VMU PC working group recommendations, and Sam Tedford from Housing and Planning answered questions about ongoing, in- process VMU amendments. A motion was made to forward the working group recommendations to the Planning Commission, with the additional recommendation that parking reductions up to 80% should be considered, by Commissioner Azhar, seconded by Commissioner Connolly. Vote: 4-0. (Commissioners Kiolbassa, Denkler, Shaw absent). 5. OTHER BUSINESS b. Update on Potential Upcoming and Current Code Amendments – City Staff: Greg Dutton, Housing and Planning and Department, (512) 974-3509, Greg.Dutton@austintexas.gov; (Discussion and/or Possible Action). The item was not discussed and no action was taken. …

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June 15, 2022

Draft meeting minutes May 5, 2022 original pdf

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SPECIAL CALLED MEETING CODES AND ORDINANCES JOINT COMMITTEE MINUTES Thursday, May 5, 2022 The Codes and Ordinances Joint Committee convened in a regular meeting on Thursday, May 5, at 1000 E. 11th St, Street Jones Building, Room 400A, Austin, TX 78702. Chair Barrera-Ramirez called the meeting to order at 6:10 pm. Subcommittee Members in Attendance: Ann Denkler Claire Hempel (Vice-Chair) Awais Azhar Todd Shaw Jolene Kiolbassa City Staff in Attendance: Susan Daniels, Corridor Program Office Donna Galati, Project Connect Office Liz Johnston, Watershed Protection Katie Coyne, Watershed Protection CALL TO ORDER 3. NEW BUSINESS a. None. 4. OLD BUSINESS 1. PUBLIC COMMUNICATION: Speakers signed up prior to commencement of the meeting will be allowed to address their concerns regarding items not posted on the agenda. a. None. 2. APPROVAL OF MINUTES a. Approval of the March 16, 2022, meeting minutes. The item was postponed to a future agenda without objection. Facilitator: Commissioner Hempel, Vice Chair of COJC City Attorney: None 1 a. None. 5. POTENTIAL CODE AMENDMENTS: Proposed for Discussion and/or Initiation Potential amendments to the code are offered for discussion and/or possible recommendation for initiation. If initiated, Staff will research the proposal and report back to the subcommittee. a. South Central Waterfront Regulating Plan. Consider initiation of amendments to Title 25 of the City Code related to the South Central Waterfront planning area. City Staff: Greg Dutton, Housing and Planning and Department, (512) 974-3509, greg.dutton@austintexas.gov; (Discussion and/or Possible Action). Greg Dutton went over the need for an amendment to Title 25 to be initiated to implement the South Central Waterfront Regulating Plan, which is a bonus program that will be amended to the LDC, much the way the University Neighborhood Overlay works today. This item was combined with the briefing item on the same topic. A motion was made to recommend that the Planning Commission initiate the item, by Commissioner Azhar, seconded by Commissioner Shaw. Vote: 5-0. (Commissioner Barrera- Ramirez absent). An amendment to the motion was made by Commissioner Kiolbassa, seconded by Commissioner Denkler, vote 5-0 (Commissioner Barrera-Ramirez absent), to add the following items: - - A summary of differences in entitlements between baseline zoning and bonus entitlements - Exploration of possible funding to do outreach and community engagement Exploration of funding for an analysis of costs and benefits of the plan 6. REGULAR AGENDA: Previously Initiated Previously initiated amendments to the code are offered for discussion and …

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May 5, 2022

Agenda original pdf

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Special Called Meeting of the Codes and Ordinances Joint Committee May 5, 2022 at 6:00 p.m. Street Jones Building – Room #400A 1000 E. 11th St, Austin, TX 78702 Some members of the Codes and Ordinances Joint Committee may be participating by video conference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live. Public comment will be allowed in-person or remotely by telephone. Speakers may only register to speak on an item once, either in-person or remotely, and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation. To register, call or email the board liaison at 512-974-3509 or greg.dutton@austintexas.gov CURRENT COMMITTEE MEMBERS Nadia Barrera-Ramirez (Chair) Claire Hempel (Vice-Chair) Awais Azhar Todd Shaw Ann Denkler Jolene Kiolbassa EXECUTIVE SESSION (No public discussion) The Codes and Ordinances Joint Committee 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 committee may not conduct a closed meeting without the approval of the city attorney. Private Consultation with Attorney – Section 551.071 CALL TO ORDER 1. PUBLIC COMMUNICATION: Speakers signed up prior to commencement of the meeting will be allowed to address their concerns regarding items not posted on the agenda. 2. APPROVAL OF MINUTES a. Approval of the March 16, 2022, meeting minutes. 3. NEW BUSINESS a. None. Facilitator: Chair Barrera-Ramirez City Attorney: None 1 4. OLD BUSINESS a. None. 5. POTENTIAL CODE AMENDMENTS: Potential amendments to the code; offered for discussion and/or possible recommendation for initiation. a. South Central Waterfront Regulating Plan. Consider initiation of amendments to Title 25 of the City Code related to the South Central Waterfront planning area. City Staff: Greg Dutton, Housing and Planning and Department, (512) 974-3509, greg.dutton@austintexas.gov; (Discussion and/or Possible Action). 6. REGULAR AGENDA: Previously initiated amendments to the code; offered for discussion and possible recommendation to the full Planning Commission. a. Public Mobility Projects in the Right-of-Way. Consider an ordinance amending Title 25 of the City Code to address design and construction of public mobility projects and associated utility projects in the City’s right-of-way. City Staff: Susan Daniels, Corridor Program Office, (512) 974- 7916, susan.daniels@austintexas.gov; (Discussion and/or Possible Action). 7. OTHER BUSINESS a. BRIEFING: South Central Waterfront Regulating Plan. Update on potential changes to Title 25 …

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May 5, 2022

Public Mobility Projects - Council Resolution original pdf

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RESOLUTION NO. 20220303-028 WHEREAS, in August 2016, City Council approved Resolution No. 20160818-07 4 that expressed Council's intent to contract with voters for a Mobility Bond election in November 2016 and directed the City Managerto analyze existing capital project delivery systems and processes in order to recommend potential changes and resource requirements to complete the bond program within eight years from initiation; and WHEREAS, in March 2019, City Council approved Resolution No. 20190328-040 that affirmed the City of Austin's desire to construct as many miles of progressive multi-modal mobility infrastructure as quickly as it can to facilitate congestion relief, safety, and environmental stewardship, and encouraged the City Manager to form a steering committee of representatives from relevant departments to align resources, priorities, and policies that support an accelerated timetable for planned bicycle, scooter, transit, sidewalks, and tier one urban trail and, infrastructure projects; WHEREAS, in August 2019, City Council approved Resolution N o. 20190808-081 that directed the City Manager to analyze and report on options for the City to leverage resources to support the creation, operation, and maintenance of a high-capacity transit system; and, WHEREAS, in August 2020, City Council approved Resolution N o. 20200807-003 that expressed Council's intent to contract with the voters for a citywide rapid transit system (to be known as "Project Connect") that will include four MetroRapid lines to be constructed and operational within five years, and two light rail lines to be constructed within and operational ten years; and, Page 1 of 5 WHEREAS, in August 2020, City Council approved Resolution No. 20200812-011 that expressed Council's intent to contract with the voters fora Mobility Bond election in November 2020, and directed the City Manager to analyze existing capital project delivery systems and processes in order to recommend potential changes and resource requirements to accelerate project delivery and maximize the number ofprojects to be completed within six years; and, WHEREAS, in October 2021, City Council approved Resolution No. 20211029-003 that directed the City Manager to review City Code, including, but not limited to, the Land Development Code, Criteria Manuals, and permitting procedures to identify impediments to the design, construction, implementation, and operation of Project Connect, and to present any Code amendments necessary to City Council no later than April 2022; and, WHEREAS, public mobility projects in the right-of-way offer tremendous community benefits, including improved multimodal access and accessibility for individuals with disabilities, enhanced life safety, greater …

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May 5, 2022

Public Mobility Projects - Draft Ordinance original pdf

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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 ORDINANCE LANGUAGE HAS NOT RECEIVED FINAL REVIEW BY LAW DEPT PART 1. City Code Section 25-1-112 (Fiscal Security) is amended to add a new Subsection (F) to read as follows: (F) A public project is not required to post fiscal security under this title. PART 2. Section 1.2.4. (Exemptions) of City Code Chapter 25-2, Subchapter E is amended to read as follows: 1.2.4. Exemptions. A. General Exemptions. Except as otherwise provided in this Subchapter, the following types of development are exempt from the requirements of this Subchapter: 1. Development that does not require a site plan under Chapter 25-5, except that Section 2.5 (Exterior Lighting) shall apply; 2. Development in the following zoning districts: Agricultural (AG) district; Aviation (AV) district; and a. b. c. Traditional neighborhood (TN) district; 3. Development built pursuant to the overlay district provisions of the University Neighborhood Overlay (UNO) district; 4. Development of a public primary or secondary educational facility; 5. Development built pursuant to the Robert Mueller Municipal Airport Redevelopment Plan; 6. Development of an industrial use or unmanned communication services, construction sales and service, drop-off recycling collection facility, equipment repair or scrap and salvage services use that is not located on a Core Transit Corridor; 7. Interior remodeling of a building. 8. Development for which public access is prohibited due to health, safety and welfare reasons; pg. 1 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 ORDINANCE LANGUAGE HAS NOT RECEIVED FINAL REVIEW BY LAW DEPT 9. Development of a warehouse if less than 25% of the gross floor area is used for a non-industrial use; 10. Sidewalk, shared use and urban trail projects managed by the City of Austin and processed under the City's General Permit program which are undertaken for the purpose of bringing existing facilities into compliance with the Americans With Disabilities Act; 11. A public mobility project in the right-of-way; and 12.[11.] Development built pursuant to any of the following adopted regulating plans: a. Transit-Oriented District Station Area Plan; b. North Burnet/Gateway (NBG) District; c. East Riverside Corridor; d. Waller Creek District; e. Downtown Austin Plan; or f. Airport Boulevard Corridor Plan. PART 3. City …

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May 5, 2022

Public Mobility Projects - Summary Table original pdf

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Summary of Proposed Changes Type of Change Clarify (Exemptions) of City Code Chapter 25-2, amend Subchapter E 3 25-8-211 (Water Quality Control Requirement) 4 25-8-214 (Optional Payment Instead of Structural Controls in Urban Watersheds) Description Current Status/Concern Proposed Improvement Advantage 1 25-1-112 Fiscal Security, add a new Subsection (F) Fiscal security is primarily intented for private development. The City has other existing mechanisms in place to accomplish the intent of this section for public projects. Clarify that a public project is not required to post fiscal security under this title. Provides clarity for project sponsors, design teams, and Code reviewers. 2 Section 1.2.4. Clarify Public right-of-way is not zoned land. Provides clarity for project sponsors, design teams, and Code reviewers. Clarify that roadway rights-of-way are not subject to zoning and land use rules.​ Policy Current requirements for calculating impervious cover do not allow a credit for removal of existing impervious. ​ Calculations are done on a "site" basis, translation of site to linear projects in the right-of-way needed. A single mobility project may cross multiple watersheds​. Policy Roadway projects have limited land area available to provide space for water quality controls within the right-of-way and vacant land is not always available for purchase. Revise procedure for water quality calculations to be determined on a watershed basis rather than for the total mobility project area and to allow for a credit for the removal of existing impervious cover. Removes barriers to the delivery of critical safety and mobility improvements. Reduces reliance on waivers and variances. Translates code written for commercial development to mobility projects in the right-of-way. 5 25-8-262 (Critical Water Quality Zone Street Crossings) Clarify Current requirements are not clear that rail lines, like roadways, are able to cross critical water quality zones. Creates a Public Mobility Projects Structural Control Fund for payment-in-lieu of built improvements in all watersheds of the City except the Barton Springs Zone​. The payment shall be based on a formula established by the Council. As funds accumulate, they City can best direct the use of funds for the design and construction of water quality control facilities. Clarify definitions of types of roadways and that railways have the same ability to cross critical water quality zones as roadways. 6 25-8-341 (Cut Requirements) Clarify Current requirements are not clear that rail lines, like roadways, are able to cross critical water quality zones. Clarify that railways have the …

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May 5, 2022

SCW Regulating Plan original pdf

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South Central Waterfront Regulating Plan Codes and Ordinances Joint Committee May 5, 2022 Greg Dutton – Housing and Planning Content Regulating Plan How will it work? What will it do? What will it not do? Gives and gets Other Considerations Next Steps 3 4 Framework Plan (2016) 5 Overall Process Regulating Plan Creation Incorporation into LDC (Adoption) 6 Regulating Plan: how will it work? Developer Provides: • On-site affordable housing • Fee-in-lieu affordable housing • Other public realm benefits Developer Gets: • Increased entitlements 7 Regulating Plan: how will it work?  Opt-in, voluntary  Works in conjunction with existing WFO (does not replace it)  Mechanically similar to University Neighborhood Overlay (UNO)  Amendment to the land development code 8 Regulating Plan: what will it do?  Control physical buildout  Lay out public benefits and developer incentives  Include requirements for Affordable Housing provided by private developments that utilize bonus entitlements  Open space, streetscape, frontage, building height, land uses, parking 9 Regulating Plan: what will it not do?  Does not mandate participation  Does not speak to financing, funding sources, or public-private  Does not allow wiggle room or negotiating  Part of a larger toolbox - will not achieve the framework vision by partnerships itself 1 0 Regulating Plan: gives and gets*  Public goods:  Additional entitlements:  Affordable housing  Height subdistricts up to  On and off-site, 10%+ 400’ set aside  Improved streetscape  Enhanced open space  Improved pedestrian experience *All properties in the district eligible to participate  CBD land uses  Additional floor area (FAR)  No site area requirements  No minimum parking required 1 1 Next Steps  Regulating plan:  Summary of plan: SCWAB 5/16/22  Regulating plan draft: SCWAB 6/20/22  SCWAB working groups?  SCWAB recommendation 7/18/22  COJC recommendation 8/17/22  PC recommendation 8/23/22  Council adoption: 9/1/22 20% Affordable Housing Gap Finance 1 2 Other Considerations  TIRZ in process  Project Connect:  Blue Line stop (above ground) + bridge  Orange Line stop (underground)  Acuña ruling 1 3

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May 5, 2022

Public Mobility Projects - Presentation original pdf

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PROPOSED CODE AMENDMENTS FOR MOBILITY PROJECTS IN THE ROW Boards & Commissions Presenter: Susan Daniels May 2022 HISTORIC INVESTMENT IN MOBILITY INFRASTRUCTURE 3 connectivity improved level-of- service for all modes reduction in congestion MOBILITY PRIORITIES COMMUNITY CONSIDERATIONS improved effectiveness of transit operations preservation of existing affordable housing preservation of existing local businesses promotes healthy, equitable and complete communities opportunities for development of new affordable housing opportunities to facilitate mixed- income housing emphasizes livable, walkable, safe and transit- supportive corridors MOBILITY BONDS • • 2016 Bond • 2018 Bond Contract With Voters: Analyze capital project delivery 2020 Bond systems to recommend potential changes to accelerate bond program completion. PROJECT CONNECT 4 CORRIDOR PROGRAM SCALE Corridor Program alone is implementing 50 miles of critical safety and mobility improvements 5 CORRIDOR PROGRAM – FOCUSED ON OUTCOMES Corridor Construction Program Map • 10-15% Mode Shift • Average 25% Reduction in Vehicular Delay • 15%+ Reduction in Crashes • Complete Streets/ Complete Communities • 100 bike route connections • 75 miles of sidewalks or shared-use paths • 120 signal improvements • 13 of Austin’s Top Crash Intersections improved 6 CORRIDOR PROGRAM - MODE SHIFT The Austin Strategic Mobility Plan’s goal for managing traffic congestion is a 50/50 mode share. This means that we could maintain approximately the same number of cars as we have on the road today, while almost doubling in population by 2039. The Corridor Construction Program will achieve an estimated 10-15% mode shift with a reduction of 4.36 million vehicular trips annually. 7 CORRIDOR PROGRAM – CRASH REDUCTION Corridor Construction Program infrastructure is improving safety by an estimated reduction of 200 crashes annually. The Corridor Construction Program is improving 13 of Austin’s Top Crash Intersections across six Council Districts. 8 Austin’s average summer temperatures are expected to increase by at least two degrees by 2040. COMPLETE COMMUNITIES INFRASTRUCTURE Corridor Program improvements include rain gardens, landscape buffers, grass, and trees which all help to improve Austin’s quality of life by lessening exposure to heat. • Installing 2000 trees across multiple roadways • Constructing 22+ rain gardens 9 CORRIDOR PROGRAM – REDUCED EMISSIONS Transportation produces about 36% of all greenhouse gas emissions in the Austin metro area, with a 178% increase since 1990. “Every transportation decision is a climate decision.” – US Transportation Secretary Pete Buttigieg, SXSW 2022 The Corridor Construction Program is reducing emissions annually along 9 corridors by an estimated 20% or …

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May 5, 2022

Approved Minutes original pdf

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SPECIAL CALLED MEETING CODES AND ORDINANCES JOINT COMMITTEE MINUTES Thursday, May 5, 2022 The Codes and Ordinances Joint Committee convened in a regular meeting on Thursday, May 5, at 1000 E. 11th St, Street Jones Building, Room 400A, Austin, TX 78702. Vice Chair Hempel called the meeting to order at 6:10 pm. Subcommittee Members in Attendance: Ann Denkler Claire Hempel (Vice Chair) Awais Azhar Todd Shaw Jolene Kiolbassa City Staff in Attendance: Susan Daniels, Corridor Program Office Donna Galati, Project Connect Office Liz Johnston, Watershed Protection Katie Coyne, Watershed Protection CALL TO ORDER 3. NEW BUSINESS a. None. 4. OLD BUSINESS 1. PUBLIC COMMUNICATION: Speakers signed up prior to commencement of the meeting will be allowed to address their concerns regarding items not posted on the agenda. a. None. 2. APPROVAL OF MINUTES a. Approval of the March 16, 2022, meeting minutes. The item was postponed to a future agenda without objection. Facilitator: Commissioner Hempel, Vice Chair of COJC City Attorney: None 1 a. None. 5. POTENTIAL CODE AMENDMENTS: Proposed for Discussion and/or Initiation Potential amendments to the code are offered for discussion and/or possible recommendation for initiation. If initiated, Staff will research the proposal and report back to the subcommittee. a. South Central Waterfront Regulating Plan. Consider initiation of amendments to Title 25 of the City Code related to the South Central Waterfront planning area. City Staff: Greg Dutton, Housing and Planning and Department, (512) 974-3509, greg.dutton@austintexas.gov; (Discussion and/or Possible Action). Greg Dutton went over the need for an amendment to Title 25 to be initiated to implement the South Central Waterfront Regulating Plan, which is a bonus program that will be amended to the LDC, much the way the University Neighborhood Overlay works today. This item was combined with the briefing item on the same topic. A motion was made to recommend that the Planning Commission initiate the item, by Commissioner Azhar, seconded by Commissioner Shaw. Vote: 5-0. (Commissioner Barrera- Ramirez absent). An amendment to the motion was made by Commissioner Kiolbassa, seconded by Commissioner Denkler, vote 5-0 (Commissioner Barrera-Ramirez absent), to add the following items: - - A summary of differences in entitlements between baseline zoning and bonus entitlements - Exploration of possible funding to do outreach and community engagement Exploration of funding for an analysis of costs and benefits of the plan 6. REGULAR AGENDA: Previously Initiated Previously initiated amendments to the code are offered for …

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