Special Called Meeting of the Codes and Ordinances Joint Committee June 18, 2024, at 12:00 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 April 1, 2024, meeting minutes. 1 DISCUSSION AND ACTION ITEMS 2. C20-2024-011 Density Bonus 90 Revisions. Discussion and possible action to amend City Code Title 25 (Land Development) to revise uses, site development regulations, density bonus requirements, and compatibility standards applicable in density bonus 90 (DB90) combining district. City Staff: Paul Books, Planning Department, (512) 974-3173, Paul.Books@austintexas.gov. 3. Officer Elections. Discussion and action to elect Chair and Vice Chair. 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
Special Called Meeting of the Codes and Ordinances Joint Committee April 1, 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, CITY STAFF IN ATTENDANCE Jordan Feldman Erica Leak Paul Books Chad Sharrard Matt Hollon Liz Johnston Brent Lloyd Lyndi Garwood MEMBERS IN ATTENDANCE Claire Hempel (Chair) Alejandra Flores (Vice-Chair) Greg Anderson Awais Azhar Betsy Greenberg Lonny Stern MEMBERS ABSENT Felicity Maxwell CALL TO ORDER Call to Order by Vice Chair Flores at 6:00 pm. PUBLIC COMMUNICATION: GENERAL No public communication. APPROVAL OF MINUTES 1. Approval of the March 20, 2024, meeting minutes. On a motion by Chair Hempel seconded by Commissioner Azhar, the minutes from the March 20, 2024, meeting were approved unanimously (6-0) with Commissioner Maxwell absent. 1 DISCUSSION AND ACTION ITEMS 2. C20-2022-003 South Central Waterfront Combining District and Density Bonus Program. Discussion and possible action to recommend amendments to City Code Title 25 to create a new zoning district and modify related site development regulations and compatibility standards; and create a new zoning district for density bonus that includes granting additional floor-to-area ratio in exchange for providing community benefits; and to establish boundaries for the new zoning districts located in the vicinity commonly known as the South Central Waterfront. City Staff: Erica Leak, Planning Department, (512) 974-9375, Erica.Leak@austintexas.gov. Erica Leak presented. Chair Hempel moved to forward the staff recommendation to the Planning Commission. Commissioner Azhar seconded. Commissioner Azhar moved to consider an amendment to expand affordable housing spending area to Ben E. White next to transit. Commissioner Anderson seconded. The amendment passed unanimously with Commissioner Maxwell absent. Commissioner Azhar moved to consider an amendment to expand Subdistrict 5 between S. First and S. Congress Avenue to the southern edge along Bouldin Creek. Commissioner Anderson seconded. The Amendment passed on a 5-1 vote with Commissioner Greenberg against and Commissioner Maxwell absent. Commissioner Greenberg moved to consider …
C20-2024-011: DB90 Revisions Paul Books, Senior Planner Joi Harden, AICP, Zoning Officer Background 2023 2024 2022 City Council adopted Ordinance No. 20220609-080, creating a second tier of the VMU program, referred to as VMU2, which allowed for increased height in exchange for increased community benefits. City Council adopted Ordinance No. 20221201-055, creating an incentive program that allows residential uses in commercial zoning districts, referred to as Residential in Commercial, which allowed for the construction of residential uses in exchange for increased community benefits. Ordinance No. 20220609-080, Ordinance No. 20221201-055, and Ordinance No. 20221201-056 were invalidated. City Council adopted Ordinance No. 20240229-073, which created the Density Bonus 90 (DB-90) combining district and density bonus program with requirements and incentives mirroring VMU 2 provisions. 2 DB90 Requirements and Incentives Affordability – Rental: – 10% of units set-aside affordable to 50% Median Family Income (MFI); OR – 12% of units set-aside affordable to 60% MFI – Ownership: – 12% of units set-aside affordable to 80% MFI i. Requirements for ownership units may be satisfied by a fee in-lieu of on-site units Mix of Uses – Requirements for pedestrian-oriented commercial uses – Floors beyond the second must be residential Site Development Standards – Exemptions from standards include the following: – Minimum site area requirements – Maximum floor area ratio – Maximum building coverage – Minimum street side yard setback and interior yard setback – Minimum front yard setback – Article 10 Compatibility Standards Subchapter C Height – 30 ft in additional height from the base zone up to a maximum of 90 ft 3 DB90 Process Owners of eligible properties must request a rezoning to add DB90 – Requires a Commission recommendation and Council action – Notice of the rezoning will be provided pursuant to 25-1-132, which includes utility account holders and property owners located within 500 feet of the subject property – Property owners within 200 feet can protest the rezoning Eligible Districts: • Commercial Liquor Sales (CS-1) • General Commercial Services (CS) • Community Commercial (GR) • Neighborhood Commercial (LR) • General Office (GO) • Limited Office (LO) 4 DB90 Combining District Example Zoning String: CS-MU-DB90-CO-NP Base Zoning Districts Base Zones Description Base Max Height Max Height with Bonus Impervious Cover CS (CS-1) Commercial Services GR LO LR GO Community Commercial Limited Office Neighborhood Commercial General Office 60ft 60ft 40ft 40ft 60ft 90ft 90ft 70ft 70ft …
ORDINANCE AMENDMENT REVIEW SHEET Amendment: C20-2024-011 Density Bonus 90 Revisions Amend City Code Title 25 (Land Development) to revise uses, site development regulations, density bonus requirements, and compatibility standards applicable in density bonus 90 (DB90) combining district. Description: Background: In 2021, amendments to the City’s Vertical Mixed Use (VMU) Overlay, including the creation of a second-tier bonus program known as VMU2, were initiated through City Council Resolution No. 20211118-052. The resolution directed staff to process code amendments to allow for an additional 30’ in height beyond the base zone standards for developments participating in the new tier of the density bonus program and proposed affordability requirements for such developments. In June of 2022, City Council adopted Ordinance No. 20220609-080, implementing the code amendments initiated through the 2021 Council resolution. However, in December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056, and Ordinance No. 20221201-055 were invalidated. In February 2024, City Council adopted Ordinance No. 20240229-073, which created the Density Bonus 90 (DB90) combining district. This new district is similar to the provisions in VMU2 and is available citywide through the rezoning process. Summary of Proposed Code Amendment: The proposed amendment to §25-2-652 would do the following: - Amend the commercial ground floor requirement to match VMU standards, requiring 75% of the ground floor along the principal street to be designed for commercial use - Add the allowed commercial uses from VMU for office base zoning districts - Align compatibility screening requirements with amendments to citywide policy made by Council at through Ordinance 20240516-004 - Clarify that §25-2-652(B) only allows less restrictive site development standards to be overridden, not all standards Proposed Text Amendment(s): Available prior to the Planning Commission public hearing. Staff Recommendation: Recommended Staff supports the proposed amendments, which aim to increase participation in the density bonus program and align its regulations with citywide standards. The modification to commercial ground floor requirements will ensure that developments under the DB90 program resemble existing VMU developments, enabling staff to review these applications consistently, and facilitating a streamlined approval process. Further, an analysis of recent VMU developments revealed that the program's requirements result in only 8% to 15% of the ground floor square footage being allocated to commercial use, which is significantly below the 75% requirement under DB90. Allowing for additional commercial uses within office base zoning districts will enable true mixed-use developments that provide a variety of goods and services within a …
Special Called Meeting of the Codes and Ordinances Joint Committee APPROVED MINUTES June 18, 2024, at 12:00 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) Betsy Greenberg Felicity Maxwell Lonny Stern COMMITTEE MEMBERS ABSENT Greg Anderson Awais Azhar CALL TO ORDER Call to Order by Chair Hempel at 12:04pm. PUBLIC COMMUNICATION: GENERAL No public communication. APPROVAL OF MINUTES 1. Approval of the April 1, 2024, meeting minutes. On a motion by Commissioner Greenberg seconded by Vice Chair Flores, the minutes 1 from the April 1, 2024, meeting were approved unanimously (5-0) with Commissioner Anderson and Azhar absent. DISCUSSION AND ACTION ITEMS 2. C20-2024-011 Density Bonus 90 Revisions. Discussion and possible action to Amend City Code Title 25 (Land Development) to revise uses, site development regulations, density bonus requirements and compatibility standards applicable in density bonus 90 (DB90) combining district. City Staff: Paul Books, Planning Department, (512) 974-3173, Paul.Books@austintexas.gov. Paul Books presented. Commissioner Flores moved to forward the staff recommendation to the Planning Commission seconded by Commissioner Maxwell, and the amendment passed on 4-0-1 vote with Commissioner Greenberg abstaining and Commissioners Azhar and Anderson absent. 3. Officer Elections. Discussion and action to elect Chair and Vice Chair. On Commissioner Greenberg’s motion, Commissioner Flores was unanimously approved as Chair. On Commissioner Greenberg’s motion, Commissioner Hempel was unanimously approved as Vice Chair. DISCUSSION ITEMS No discussion items. FUTURE AGENDA ITEMS Chair Hempel suggested a possible future briefing on uses and how they relate to the upcoming comprehensive plan. Notes from the discussion: Commissioner Stern proposed to discuss the possible implementation of uses such as counseling, guidance, medical office, personal improvement, pet services, and the like in commercial zoning district, since certain areas of the City particularly east of IH 35 lack these services. Commissioner Maxwell noted a possible need to update the use table. Chair …
