Meeting of the Codes and Ordinances Joint Committee April 16, 2025, 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 register, call or email the board liaison, Jonathan Lee, at (512) 974-7232, Jonathan.Lee@austintexas.gov. CURRENT COMMITTEE MEMBERS Alejandra Flores (Chair) Claire Hempel (Vice-Chair) Greg Anderson Awais Azhar Betsy Greenberg 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 March 19, 2025, meeting minutes. 1 DISCUSSION AND ACTION ITEMS 2. C20-2023-037 S.M.A.R.T. Housing Updates Phase 2. Discussion and possible action to recommend amendments to the City’s S.M.A.R.T. Housing Program, including amendments to City Code Title 25 (Land Development Code), to improve the functionality of the program. City Staff: Brendan Kennedy, Housing Department, (512) 978-1594, Brendan.Kennedy@austintexas.gov. 3. Officer Elections. Conduct officer elections for the Chair and Vice Chair. 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 Jonathan Lee, at 512-974-7232, Jonathan.Lee@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 Jonathan Lee, at 512-974-7232, Jonathan.Lee@austintexas.gov . 2
Meeting of the Codes and Ordinances Joint Committee March 19, 2025, 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 register, call or email the board liaison, Jonathan Lee, at (512) 974-7232, Jonathan.Lee@austintexas.gov. COMMITTEE MEMBERS PRESENT Alejandra Flores (Chair) Betsy Greenberg Greg Anderson (Late at 6:05) Awais Azhar Lonny Stern COMMITTEE MEMBERS ABSENT Claire Hempel (Vice-Chair) CALL TO ORDER Meeting started at 6:03 PM. 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. Ryan Saunders – Regarding concerns about food trucks and live music venues APPROVAL OF MINUTES 1. Approval of February 19, 2025, meeting minutes. On a motion by Commissioner Greenberg, seconded by Commissioner Azhar, the minutes from the February 19th, 2025 meeting were approved unanimously (5-0) with Vice Chair Hempel absent. 1 DISCUSSION AND ACTION ITEMS 2. C20-2024-010 UNO Update. Discussion and possible action to recommend amendments to City Code Title 25 (Land Development) to repeal University Neighborhood Overlay District requirements and regulations, and to create a new zoning district for a density bonus program that grants additional building height and modifies uses and site development regulations, including compatibility standards, in exchange for community benefits, for property generally located west of the University of Texas, east of Lamar Boulevard, south of 29th Street and north of Martin Luther King Jr. Boulevard. City Staff: Paul Books, Planning Department, (512) 974-3173, Paul.Books@austintexas.gov and Alan Pani, Planning Department, (512) 974-8084, Alan.Pani@austintexas.gov. Paul Books presented. Public Speakers on Item 2: - Justin Lanier, Policy Director for University Tenants Union - Christian Tschoepe, AURA member and Commissioner of the Zoning and Platting Commission - Sarah Campbell, CANPAC member Commissioner Stern moves to consider an amendment to staff’s recommendation to require a 5-ft public access easement on any side of buildings that does not front a public right-of-way. Motion passes (4-0) with Commissioner Anderson off the dais. Commissioner Stern moves …
Codes and Ordinances Joint Committee S.M.A.R.T. Housing Amendments Phase 2 Brendan Kennedy, Program Manager Housing Department S.M.A.R.T. Housing S.M.A.R.T. Housing Incentives ▪ Waiver of certain development fees ▪ DSD review times are shortened; S.M.A.R.T. Housing development permits are prioritized for case management ▪ Gatekeeper requirement for new construction seeking most affordable housing approvals 3 S.M.A.R.T. Housing Requirements ▪ At least 10% of units priced at or below 80% MFI for sale or lease (= 25% fee waiver) – Scales up to 40% of units affordable = 100% fee waiver ▪ Requires AEGB 1-Star certification and additional accessibility/visitability standards ▪ Requires transit proximity, with options for waiver set in Code 4 Initiation – Resolution No. 20230720-129 ▪ Phase 1: Amend Section 25-1-704 so that fees eligible for a waiver under the S.M.A.R.T. Housing program would be identified as part of the annual fee ordinance ▪ Phase 2: Amend Title 25 as needed to improve the operation and functionality of the S.M.A.R.T. Housing program. 5 Proposed Amendments Amendment #1 – Land Restriction Process ▪ Amend § 25-1-705 (D) to require affordability restrictions to be executed prior to certification – Establishes consistency between programs – Ensures applicants are aware of and bound to requirements at an earlier stage 7 Amendment #2 – CLT exemption ▪ Amend § 25-1-704 (B)(2)(a-b) to remove exemption for land dedicated to City-approved CLT. – Presents significant administrative burdens and frequently infeasible to implement – Underutilized by dedicated CLT entities 8 Proposed Amendment #3 – Rental MFI ▪ Amend § 25-1-703 (C)(2)(a) to lower affordable rental MFI from 80% MFI to an average 60% MFI – Establishes consistency between programs by requiring 60% MFI rental – Reduces confusion on affordability from permit reviewers – Meets Department’s programmatic goals to target 60% MFI and below affordability – Income averaging still accommodates "workforce housing" when deeper affordability levels are provided 9 Amendment #4 – Remove Outdated Provisions ▪ Remove in their entirety: – § 25-1-702 (B), a requirement to notify TPW of all S.M.A.R.T. developments – § 25-1-703 (D),§ 25-1-704 (B)(2)(c), and § 25-1-705 (A)(4), an automatic 100% fee waiver for Vertical Mixed Use developments – This provision is inconsistent with move to 60% MFI for rental – § 25-1-705 (A)(1), which has been superseded by more recent University Neighborhood Overlay ordinances 10 Amendment #4– Remove Outdated Provisions cont’d ▪ Remove in their entirety: – § 25-1-703 (C)(2)(b) 25-1-704 (B)(2)(d), and …
ORDINANCE AMENDMENT REVIEW SHEET Amendment: C20-2023-037 S.M.A.R.T. Housing Updates Phase 2 Description: Amend the City’s S.M.A.R.T. Housing Program and City Code Title 25 (Land Development) to improve the functionality of the program. Background: Initiated by City Council Resolution 20230720-129. On July 20, 2023, City Council approved Resolution No. 20230720-129 that directed staff to make amendments to S.M.A.R.T. Housing. Staff with the Development Services Department initiated amendments related to Phase 1, which amended Section 25-1-704 so that fees eligible for a waiver under the S.M.A.R.T. Housing program would be identified as part of the annual fee ordinance. On February 1, 2024, City Council approved Ordinance No. 20240201-053 to adopt these amendments. Phase 2 directs staff to amend the S.M.A.R.T. Housing program to improve the functionality of the program. Summary of Proposed Code Amendment: Amendments to § 25-1-703 (C)(2) will lower the eligible median family income (MFI) level for rental properties from 80 percent to 60 percent MFI. Amendments to this section will also allow for income averaging to achieve the required MFI for both rental and ownership. This will improve consistency and clarity across programs, and is responsive to recommendations recently made from a comprehensive density bonus study conducted by the Planning Department. Amendments to § 25-1-705 (D) will improve program administration and consistency across programs by requiring affordability restrictions to be executed prior to certification. § 25-1-704 (B)(2)(a-b) will be removed in its entirety to eliminate a provision related to exceptions for certain units dedicated to a community land trust, which has been underutilized and is administratively infeasible. Additional provisions will be removed to eliminate outdated provisions or provisions which are inconsistent with the amendments listed above. Proposed Text Amendment(s): Amend § 25-1-703 (C)(2)(a) to read, or amend with comparable language: “ dwelling units must serve households whose incomes average 80 percent of the median family income or below as determined by the director of the Housing Department. (a) If an applicant develops dwelling units for sale, reasonably-priced (b) If an applicant develops dwelling units for lease, reasonably-priced dwelling units must serve households whose incomes average 60 percent of the median family income or below as determined by the director of the Housing Department.” Amend § 25-1-705 (D) to read, or amend with comparable language: “(D) Before the director may certify a proposed development, the applicant shall comply with § 4-18-25, Certification. The agreement required under § 4-18-25 (C)(1) may …
