Meeting of the Codes and Ordinances Joint Committee March 20, 2024, at 6:00 p.m. Permitting and Development Center (PDC) – Room #2103 6310 Wilhelmina Delco Drive Austin, TX 78752 Some members of the Codes and Ordinances Joint Committee may be participating in the 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 at 512-974-7288 or email Jordan.Feldman@austintexas.gov. Jordan Feldman, the board call or register, liaison, CURRENT COMMITTEE MEMBERS Claire Hempel (Chair) Alejandra Flores (Vice-Chair) Greg Anderson Awais Azhar Betsy Greenberg Felicity Maxwell Lonny Stern 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 February 21, 2024, meeting minutes. 1 DISCUSSION AND ACTION ITEMS 2. C20-2023-026 Live Music and Creative Space Bonus Phase 2. Discussion and possible action to recommend amendments to City Code Title 25 (Land Development) to create a Creative Combining District and Development Bonus Program to enhance the development and preservation of live music venues and creative sector businesses. City Staff: Donald Jackson, Economic Development Department, (512) 974- 2214, DonaldE.Jackson@austintexas.gov. 3. Update on Potential Upcoming and Active Code Amendments: City Staff: Jordan Feldman, Planning Department, (512) 974-7288, Jordan.Feldman@austintexas.gov. DISCUSSION ITEMS FUTURE AGENDA ITEMS 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 Jordan Feldman at 512-974-7228 or Jordan.Feldman@austintexas.gov, 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 Jordan Feldman at 512-974-7228 or Jordan.Feldman@austintexas.gov 2
Meeting of the Codes and Ordinances Joint Committee DRAFT MEETING MINUTES February 21, 2024, at 6:00 p.m. Permitting and Development Center (PDC) – Room #2103 6310 Wilhelmina Delco Drive Austin, TX 78752 Some members of the Codes and Ordinances Joint Committee may be participating in the 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 at 512-974-7288 or email Jordan.Feldman@austintexas.gov. Jordan Feldman, the board call or register, liaison, COMMITTEE MEMBERS PRESENT CITY STAFF PRESENT Claire Hempel (Chair) Alejandra Flores (Vice-Chair) Greg Anderson Awais Azhar Betsy Greenberg Felicity Maxwell COMMITTEE MEMBERS ABSENT Lonny Stern Jordan Feldman, Planning Department Paul Books, Planning Department Warlan Rivera, Planning Department Kevin Critendon, Austin Water Katherine Jashinski, Austin Water Heather Cooke, Austin Water April Geruso, Planning Department Tyler Tripp, Planning Department CALL TO ORDER Vice Chair Flores called the meeting to order at 6:02pm. 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. No speakers signed up for public communication. 1 DRAFT APPROVAL OF MINUTES 1. Approval of the December 13, 2023, meeting minutes. On a motion by Commissioner Greenberg, seconded by Chair Hempel, the minutes from the December 13, 2023, meeting were approved unanimously (6-0). DISCUSSION AND ACTION ITEMS 2. C20-2024-001 Onsite Water Reuse. Discussion and possible action to recommend amendments to City Code Chapter 25-9 (Water and Wastewater) relating to clarifying requirements for water conservation in the implementation of the Water Forward Plan, including distances for the Reclaimed Water Connection requirement, clarifying definitions, and modifying variances including adding certain affordable housing exemptions for Reclaimed Water Connections and Onsite Water Reuse requirements. City Staff: Kevin Critendon, Austin Water, (512) 972-0191, Kevin.Critendon@austintexas.gov. Kevin Critendon and Katherine Jashinski presented. The amendment was forwarded to Planning Commission without a recommendation from the Codes and Ordinances Joint Committee. 3. C20-2022-003 South Central Waterfront Combining District. Staff presentation on the South Central Waterfront Combining District with a Density Bonus Program. City Staff: April Geruso, Planning Department, (512) 974-9364, April.Geruso@austintexas.gov. 4. Update on Potential Upcoming and Active Code Amendments: City Staff: Jordan Feldman, Planning Department, (512) 974-7288, Jordan.Feldman@austintexas.gov. DISCUSSION …
C20-2023-026 ORDINANCE AMENDMENT REVIEW SHEET Amendment: C20-2023-026 Live Music Venue and Creative Space Bonus Phase 2 Description: Consider amendments to Title 25 of the City Code to create a new Creative District combining district with provisions for creative space and music venue preservation, modified site requirements, and density bonuses for affordable creative space. Background: Initiated by City Council Resolutions 20220728-094 and 20220901-089, and reaffirmed by City Council Resolutions On July 28, 2022, the City Council adopted Resolution No. 20220728-094 initiating changes to establish the criteria to be a Live Music Venue to and support the creation of a live music venue bonus and incentive program for new and existing venues. On September 1, 2022, the City Council adopted Resolution No. 20220901-089 initiating changes to develop and adopt clear land use definitions and to create a bonus and incentive program for broadly defined creative spaces. These Resolutions are being addressed concurrently. Revised definitions were approved on September 14, 2023, in Ordinance 20230914-097. Ordinance No. 20230921-103 and Resolution 20240229-060 reaffirmed City Council’s commitment to the creation of a density bonus and district program to support live music and creative space districts and the preservation and incentivization of affordable creative space. Summary of Proposed Code Amendment: The proposed code amendments will create a new combining district for an affordable creative space bonus program and: 1. Is available city-wide on parcels in districts that have been rezoned to add the new combining district designation 2. Defines the following land uses as creative space uses: 1. Art Gallery; 2. Art Workshop; 3. Cocktail Lounge; 4. Performance Venue; 5. Personal Improvement Services; 6. Theater; 7. Other related uses as approved by the Director. 3. Requires the following use requirements for developments in creative district combining districts: 1. Along at least 30 percent of building frontage along the principal street, the building must be reserved for affordable creative space uses in ground-floor spaces; 2. At least 25 percent of ground floor gross leasable area in the building must be dedicated to affordable creative space; and, 1 3. Development must comply with protections consistent with Existing Non- Residential Space provisions of 4-18-31 for existing creative space uses in existence on the site for at least 12 months; the developer must: 1. Redevelop the site to replace all existing creative spaces with creative spaces C20-2023-026 of comparable size; 2. provide current creative space operators with: 1. notice and information …
The purpose of the crea�ve district (CD) overlay district is to provide voluntary development bonuses in return for providing affordable commercial space in new development or contribu�ng to a fund for preserva�on of crea�ve space in the crea�ve district. CREATIVE DISTRICT COMBINING DISTRICT PURPOSE PROPOSED ZONING CHANGES CHANGES TO DEFINITIONS/TERMINOLOGY CREATIVE SPACE means a site that includes one or more of the following occupancies: Art Gallery; Art Workshop; Cocktail Lounge (note: intent is only for existing preservation purposes, if a cocktail lounge is operating as a performance venue); Performance Venue; Personal Improvement Services; Theater; • • • • • • • Other related uses as approved by the Director. EXISTING CREATIVE SPACE means a site that includes one or more CREATIVE SPACE occupancies that has been opera�ng for at least 12 months. NON-RESIDENTIAL SPACE means CREATIVE SPACE for the purpose of this sec�on. 1) A proposed development is eligible for this program if: ELIGIBILITY Its zoning includes the crea�ve district overlay zoning string; a. b. Along at least 30 percent of the building frontage along the principal street, the building must be reserved for affordable crea�ve space uses in ground-floor spaces; It includes at least 25 percent of ground floor gross leasable area dedicated to affordable crea�ve space through restric�ve covenants; and, It complies with protec�ons consistent with Exis�ng Non-Residen�al Space provisions of 4-18-31. c. d. 2) An applicant may pay a fee-in-lieu of on-site affordable crea�ve space if: DRAFT a. the fee-in-lieu of on-site affordable crea�ve space is sufficient to construct or preserve an equivalent gross leasable area that would have been required on-site; b. the crea�ve space receiving the fee-in-lieu is located in the same crea�ve district as the site genera�ng the fee-in-lieu; and, c. the director authorizes the applicant to pay a fee-in-lieu. AFFORDABILITY REQUIREMENTS 1) A development that leases space to a crea�ve space must comply with the following minimum requirements: a. Rent for the crea�ve space or spaces that contribute to the bonus program must be the lesser of 50% of average retail space rent for the City of Aus�n, or a fixed ra�o of annual revenues considered typical of and sustainable for the type of crea�ve space as approved by the Director; and b. Year-over-year rent escala�on may not exceed 5% for any crea�ve space tenant. 2) The minimum affordability period for a development is 10 years following the issuance of the last cer�ficate …
Live Music Venue and Creative Space Regulatory Incentives Phase II March 2024 Council Actions Resolution No. 20220728-094: Establish the criteria to be a Live Music Venue Create live music venue bonus and incentive program for new and existing venues, Initiate changes to Land Development Code Section 25 Resolution No. 20220901-089: Develop and adopt clear creative space land use definitions Create creative space bonus and incentive program for new and existing including venues Create new code elements to "Diversify, sustain, and cultivate the city's culture, music, and arts communities and industries“ Criteria for designation of Arts Districts Initiate changes to Land Development Code Section 25 Resolution No. 20230921-102: Develop LDC amendments with incentives for cultural space preservation and creation by Spring 2024 Bring an ordinance establishing a Cultural District Overlay initiated in Resolution No. 20220728-094 and Resolution No. 20220901-089 by Spring 2024 Guidance from Resolutions Resolution No. 20220728-094: Fee Waivers Modified Parking requirements Expanded facilitation of affordable commercial space... in new construction Prioritization of music venue or creative space as a community benefit for density bonuses or other overlays within the Red River Cultural District, East 6th Street Entertainment District, and Warehouse Entertainment District Resolution No. 20220901-089: Fee waivers Modified parking requirements Expedited permitting process "increase in floor to area ratio (FAR) in square footage or other appropriate development incentive related to what is provided for the dedicated creative space" "Prioritization of creative space as a city-wide community benefit as it relates to density bonus programs, Planned Unit Development (PUD) zoning, or within other regulatory plans Increased flexibility in development regulations and opportunities for modification of policies, rules, codes, or design standards Permit accessory use as a theater, art gallery, or art workshop in all commercial and industrial/warehousing zoning districts Goals Develop a paper district that is not mapped; no change to a property’s zoning will be made through initial district adoption After adoption, owners of eligible properties may then request a rezoning to incorporate “Creative District (CD)” code string Goals and Timeline Milestones Codes and Ordinances Backup Due: March 13 Arts Commission: March 18 Codes and Ordinances Joint Committee (COJC): March 20 Music Commission (tentative): April 1 PC Backup Due: April 16 City Council Set Date: April 18 Planning Commission …
The purpose of the Red River Cultural District (RRCD) Crea�ve Subdistrict district is to create a subdistrict in the Downtown Density District and to provide voluntary development bonuses in return for providing affordable commercial space in new development or contribu�ng to a fund for preserva�on of crea�ve space in the crea�ve subdistrict. RED RIVER CULTURAL DISTRICT CREATIVE SUBDISTRICT PURPOSE PROPOSED ZONING CHANGES CHANGES TO DEFINITIONS/TERMINOLOGY CREATIVE SPACE means a site that includes one or more of the following occupancies: Art Gallery; Art Workshop; Cocktail Lounge (note: intent is only for existing preservation purposes, if a cocktail lounge is operating as a performance venue); Performance Venue; Personal Improvement Services; Theater; • • • • • • • Other related uses as approved by the Director. EXISTING CREATIVE SPACE means a site that includes one or more CREATIVE SPACE occupancies that has been opera�ng for at least 12 months. NON-RESIDENTIAL SPACE means CREATIVE SPACE for the purpose of this sec�on. 1) A proposed development is eligible for this program if: ELIGIBILITY Its zoning includes the crea�ve district overlay zoning string; a. b. Along at least 65 percent of the building frontage along the principal street, the building must be reserved for affordable crea�ve space uses in ground-floor spaces; It includes at least 50 percent of ground floor gross leasable area dedicated to affordable crea�ve space through restric�ve covenants; and, It complies with protec�ons consistent with Exis�ng Non-Residen�al Space provisions of 4-18-31. c. d. DRAFT 2) An applicant may pay a fee-in-lieu of on-site affordable crea�ve space if: a. the fee-in-lieu of on-site affordable crea�ve space is sufficient to construct or preserve an equivalent gross leasable area that would have been required on-site; b. the crea�ve space receiving the fee-in-lieu is located in the same crea�ve district as the site genera�ng the fee-in-lieu; and, c. the director authorizes the applicant to pay a fee-in-lieu. AFFORDABILITY REQUIREMENTS 1) A development that leases space to a crea�ve space must comply with the following minimum requirements: a. Rent for the crea�ve space or spaces that contribute to the bonus program must be the lesser of 50% of average retail space rent for the City of Aus�n, or a fixed ra�o of annual revenues considered typical of and sustainable for the type of crea�ve space as approved by the Director; and b. Year-over-year rent escala�on may not exceed 5% for any crea�ve space tenant. 2) The minimum …
Meeting of the Codes and Ordinances Joint Committee March 20, 2024, at 6:00 p.m. Permitting and Development Center (PDC) – Room #2103 6310 Wilhelmina Delco Drive Austin, TX 78752 Some members of the Codes and Ordinances Joint Committee may be participating in the 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 at 512-974-7288 or email Jordan.Feldman@austintexas.gov. Jordan Feldman, the board call or register, liaison, COMMITTEE MEMBERS PRESENT Claire Hempel (Chair) Alejandra Flores (Vice-Chair) Greg Anderson Felicity Maxwell Lonny Stern COMMITTEE MEMBERS ABSENT Awais Azhar Betsy Greenberg CITY STAFF PRESENT Jordan Feldman, Planning Department Paul Books, Planning Department Donald Jackson, Economic Development Department CALL TO ORDER Chair Hempel called the meeting to order at 6:04 pm. PUBLIC COMMUNICATION: GENERAL 1 Speakers signed up prior to commencement of the meeting will be allowed to address their concerns regarding items not posted on the agenda. No speakers signed up for public communication. APPROVAL OF MINUTES 1. Approval of the February 21, 2024, meeting minutes. On a motion by Vice Chair Flores, seconded by Commissioner Maxwell, the minutes from the February 21st, 2024, meeting were approved unanimously (5-0) with Commissioners Greenberg and Azhar absent. DISCUSSION AND ACTION ITEMS 2. C20-2023-026 Live Music and Creative Space Bonus Phase 2. Discussion and possible action to recommend amendments to City Code Title 25 (Land Development) to create a Creative Combining District and Development Bonus Program to enhance the development and preservation of live music venues and creative sector businesses. City Staff: Donald Jackson, Economic Development Department, (512) 974- 2214, DonaldE.Jackson@austintexas.gov. Chair Hempel motion to recommend the amendment to Planning Commission seconded by Commissioner Maxwell 5-0, Commissioners Greenberg Azhar absent. 3. Update on Potential Upcoming and Active Code Amendments: City Staff: Jordan Feldman, Planning Department, (512) 974-7288, Jordan.Feldman@austintexas.gov. DISCUSSION ITEMS Jordan Feldman presented. FUTURE AGENDA ITEMS ADJOURNMENT Meeting adjourned at 7:19 pm. The minutes were approved at the April 1st, 2024 meeting on Chair Hempel motion, Commissioner Azhar second on a vote of 6-0. (Commissioner Maxwell Absent) 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 …
