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: …
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 …
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 …
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 …
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 …
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 …
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 …
