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Aug. 17, 2022

Code amendments summary table original pdf

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In‐Process Code Amendments 8/16/22 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. AMENDMENT  C20‐2022‐011 Live Music  Venue Initiated by Council on 7/28/22  C20‐2022‐009 Sixth St Height Exception Initiated by Council on 6/9/22   C20‐2022‐008 Capitol Dominance Overlay Initiated by Council on 5/19/22   C20‐2022‐007 ADU  Initiated by Council on 6/9/22  Combined with C20‐2021‐ 011  C20‐2022‐006 NBG CMU subdistrict change Initiated by Council on 5/19/22  Environmental and Water Quality Initiated by Council on 6/9/22     C20‐2022‐004 Compatibility Changes Initiated by Council on 6/9/22  C20‐2022‐003 South Central Waterfront Regulating Plan Initiated by PC on 6/14/22  C20‐2022‐002 Parkland Dedication Expansion Initiated by Council on 4/7/22   C20‐2021‐013 Floodplain Regulations – Commercial Redevelopment Exception NOTES  Creates new use and bonus provisions for live music venue  Amends overlay to allow for additional height  Allows properties in CDO to participate in Downtown Density Bonus Program  Additional direction and clarification on ADU changes  Related to C20‐ 2021‐011  Amends height and FAR for CMU subdistrict environmental and water quality regulations  Relaxes compatibility standards  Creates the SCW Regulating Plan (voluntary overlay)  Expands dedication to industrial, commercial, office projects  Creates floodplain commercial redevelopment exception LEAD DEPT  Economic EST. COUNCIL DATE  Late 2022 Development  TBD  Late 2022  TBD  Late 2022  Development Services  Summer 2022  Housing and Planning  Fall 2022  Housing and Planning  Fall 2022  Housing and Planning  Late 2022  Parks and Recreation  Summer 2022  Watershed Protection  Fall 2022  C20‐2022‐005a. & b.  Amendments to  Fall 2022  Watershed Protection In‐Process Code Amendments 8/16/22 NOTES LEAD DEPT EST. COUNCIL DATE  C20‐2021‐012 Residential  Allows residential  Late 2022  Housing and Planning  C20‐2021‐011 ADU  Expands  Development Services  Summer 2022     AMENDMENT Initiated by PC on 12/14/21 in Commercial Initiated by Council on 12/9/21 Expansion Initiated by Council on 12/9/21  C20‐2021‐014 Project Connect Initiated by Council on 10/29/22   C20‐2021‐006 Vertical 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 …

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Aug. 17, 2022

Environmental, Drainage, and Landscape Amendments: Presentation original pdf

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2022 Environmental Code Amendments Phase 1 Codes and Ordinances Joint Committee A u g u s t 1 7 , 2 0 2 2 C I T Y O F A U S T I N W A T E R S H E D P R O T E C T I O N D E P A R T M E N T Objective • Respond to por tion of Resolution 20220609- 061 that requires staff to bring for th an ordinance related to environmental protection in September amending Title 25 • Key subject areas Stormwater Landscape • • • Water Resource Protection Colorado River Protections • Previously identified minor code amendments and other amendments that meet the • objectives of the resolution Incentivize Missing Middle • C I T Y O F A U S T I N W A T E R S H E D P R O T E C T I O N D E P A R T M E N T 2 Progress So Far • Internal Water shed Protection Dept (WPD) technical staff • Input from other depar tments inc luding • Development Services Department • Austin Water • Austin Transportation • CoA Project Connect Office • Housing and Planning • Law • Environmental Commission Workgroup 7/25/2022 • Environmental Commission Update 8/3/2022 C I T Y O F A U S T I N W A T E R S H E D P R O T E C T I O N D E P A R T M E N T 3 Next Steps • 9/6/2022 - Environmental Commission • 9/13/2022 - Planning Commission • 9/29/2022 - City Council Phase 2: Greenfield Detention Requirements and Urban Slope Protection September & October Commissions • • November City Council C I T Y O F A U S T I N W A T E R S H E D P R O T E C T I O N D E P A R T M E N T 4 Stormwater “ 1 . E s t a b l i s h c r i t e r i a t h a t p r i o r i t i z e w h e n g r e e n s t o r m w a t e r m e t h o …

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Aug. 17, 2022

Environmental, Drainage, and Landscape Amendments: proposed draft language original pdf

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CHAPTER 25-2. ZONING. ARTICLE 9. LANDSCAPING § 25-2-981 - APPLICABILITY; EXCEPTIONS. (A) Except as provided in Subsection (B), this article applies in the city's zoning jurisdiction. (B) Division 2 (Requirements for a Site Plan) and Division 3 (Additional Site Plan Requirements in Hill Country Roadway Corridors) do not apply to: (1) property zoned central business district or downtown mixed use district, except for (Functional Green); a lot containing one single-family residence; a lot containing one duplex residence, unless the residence exceeds 4,000 square feet of gross floor (2) (3) area or has more than six bedrooms; (4) (5) (6) (7) (8) a two-family residential use; a secondary apartment special use; substantial restoration of a building within one year after the building is damaged; restoration of a building designated as a historic landmark; or interior or facade remodeling, if the front and side exterior walls of the building remain in the same location. (C) Developed property, or property with an approved site plan, that is affected by right-of-way condemnation may be developed without compliance with this article, as provided by this subsection. (1) After condemnation, improvements shown on the remainder of an approved site plan may be constructed, and only the landscaping on the remainder of the approved site plan is required. Improvements on developed properties that are lost through condemnation may be replaced. Only the area within the limits of construction for the replaced improvements must comply with this article, except an owner is not required to provide more landscaping than was in existence before the condemnation. (2) Division 2. Requirements for a Site Plan. § 25-2-1007 PARKING LOTS. (A) For each 12 parking spaces in a parking lot that is in a landscape yard, a minimum of 90 square feet of landscaped area are required within the parking lot. For each 12 parking spaces in a parking lot that is not in a landscape yard, a minimum of 60 square feet of landscaped area are required within the parking lot. (C) A parking lot must have end islands landscaped with trees in accordance with the Environmental Criteria Manual. (D) Except as provided in Subsection (E), a parking space may not be located more than 50 feet from a landscaped area, or more than 50 feet from a tree. In a parking lot that has more than three distinct modules for the parking of vehicles: (1) a landscaped median at …

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Aug. 17, 2022

NBG Subdistrict: updated FAR map original pdf

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Figure 4-3 : Maximum Floor - to - Area- Ratio (FAR) with Development Bonus Revised 08-15-22 LEGEND 2 :1 Maximum FAR 3 :1 Maximum FAR 5 :1 Maximum FAR 8 :1 Maximum FAR 12 :1 Maximum FAR NBG Planning Area Boundary Parcel Boundary Rail roads DUVAL G R A F A R C Y M S C I R T E M W O L L O H E N O T S DONLEY DENTON ENERGY R U N D B E R G T E N R U B KRAMER BRAKER MCHALE RUTLAND N O S P M O H T S L I E N LONGHORN INDUSTRIAL D I E R D E T I N U L I E N - C M G R E A T H I T E X A S O F S T O N E L A K E L S L C A P I T A L H W Y 1 8 C A P - O M / 1 P O O L YORK TUDOR 3 / R E S E A R C H

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Aug. 17, 2022

NBG Subdistrict: updated height map original pdf

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Figure 4-5: Maximum Height with Development Bonus Revised 08-15-22 Maximum Height LEGEND 60 feet 120 feet 180 feet 240 feet 308 feet 360 feet NBG Planning Area Boundary Parcel Boundary Rail roads DUVAL G R A F A R C Y M S * KRAMER T E N R U B C I R T E M W O L L O H E N O T S DONLEY DENTON ENERGY R U N D B E R G G R E A T H I T E X A S O F S T O N E L A K E L S L C A P I T A L H W Y 1 8 C A P - O M / 1 P O O L YORK TUDOR 3 / R E S E A R C H BRAKER MCHALE RUTLAND N O S P M O H T S L I E N LONGHORN INDUSTRIAL D I E R D E T I N U L I E N - C M 20180628-088. * Development in this area is subject to the requirements of Ordinance

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Aug. 17, 2022

Environmental, Drainage, and Landscape Amendments: initiating Council resolution original pdf

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RESOLUTION NO. 20220609-061 WHEREAS, protecting our environment is the foundation for sustaining our planet, community, and economy; and WHEREAS, the City ofAustin's "State of Our Environment: 2020 Annual Report," showed that creeks in the Desired Development Zone scored on average 10 points lower than those in the Drinking Water Protection Zone; and WHEREAS, the Drinking Water Protection Zone designation located on the west side of Austin has restricted development through regulations creating positive environmental outcomes, while the Desired Development Zone, located in Central and East Austin, has more permissive regulations that have resulted in some negative outcomes; and WHEREAS, properties located in the Desired Development Zone have more permissive development regulations with regard to the size of creek buffers, impervious cover limits, cut and fill, and construction on slopes; and WHEREAS, extensive empirical literature links exposure to nature with better health, and creeks provide city-wide opportunities to experience nature; and WHEREAS, current code allows for structures such as in-channel detention basins and concrete wastewater manholes to be placed in creeks, which can cause erosion and other severe, often long-lasting consequences that can be expensive to reverse; and WHEREAS, the City is faced with the existing and growing threat of industrial discharges that can negatively impact creeks and communities located primarily on the east side of the City of Austin; and Page 1 of 10 WHEREAS, there has been a steady increase in the amount of land area in Austin covered by impervious surfaces and a corresponding steady decrease in the amount of pervious land area capable of absorbing rainfall; and WHEREAS, one result of the historically high rates of development is a rise in the amount of runoff that flows off-site from developed properties and into older, undersized stormwater drain systems, creeks, rivers, and lakes, contributing to increases in flooding severity, damage to private property, loss of life, and water pollution; and WHEREAS, currently City Code allows redeveloped sites to use existing impervious cover as a baseline for drainage calculations, resulting in increased runoff and contributing to flooding and erosive flows downstream; and WHEREAS, increasing density reduces sprawl and thereby reduces traffic congestion, pollution, and development of open spaces and agricultural; and WHEREAS, a U.S. Geological Survey study found that using green stormwater infrastructure for water quality provided enhanced mitigation of peak flows and run-off volumes compared to large, detention-based stormwater control practices; and WHEREAS, the Watershed Protection Department "Master …

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Aug. 17, 2022

Environmental, Drainage, and Landscape Amendments: summary table original pdf

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Summary of Proposed Code Changes Related to Resolution 20220609‐061 8/17/2022 Code Section Type of Change Current Status/Concern Proposed Improvement Benefits Chapter 25‐2, Zoning ‐ Article 9, Landscaping 1 25‐2‐981 Applicability; Policy Exceptions Existing landscaping requirements do not apply to lots zoned Central Business District (CBD) or Downtown Mixed Use (DMU). Require that lots zoned CBD or DMU meet the new Functional Green requirements (described below). Additional ecosystem services brought to downtown projects. 2 25‐2‐1007 Parking Policy Lots Parking lot islands are typically surrounded by a 6" curb that prevents stormwater from flowing into the landscape area. Increases beneficial use of stormwater and reduces irrigation needs by directing stormwater into areas that are typically required to provide on‐site irrigation. 3 25‐2‐1008 Irrigation Policy Requirements Simplified design requirements and reduced cost. 4 Functional Green Policy Landscape requirements are calibrated to provide ecosystem services in highly urbanized locations. Require parking lot islands to have an edge‐of‐pavement treatment that allows overland flow of stormwater into the landscape area. Allow exceptions for areas that are not required to drain to a stormwater control and sites located in the Edwards Aquifer Recharge Zone. Remove existing irrigation requirements and replace with simplified requirement to remove barriers to overland flow into parking lot islands (described above). Create a new approach to landscape requirements to provide ecosystem services in highly urbanized locations. The existing requirement to irrigate 50% of the required landscape area with stormwater has proven problematic and difficult to implement. Sites with high impervious cover have few landscape requirements and therefore provide minimal ecosystem services. Page 1 Summary of Proposed Code Changes Related to Resolution 20220609‐061 8/17/2022 Code Section Type of Change Chapter 25‐2, Zoning ‐ Article 13, Docks, Bulkheads, and Shoreline Access 5 25‐2‐1179 Clarification Current Status/Concern Environmental Protection Proposed Improvement Benefits Move bulkhead construction requirements to Chapter 25‐8, Subchapter A, Water Quality. Improves review process and clarifies intent of regulations. Bulkhead wave abatement requirements are currently located in the zoning chapter of the Land Development Code, which is inappropriate. Chapter 25‐5, Site Plans 6 25‐5‐3 Small Projects Policy Small‐scale multifamily residential projects must go through a longer, more expensive permitting process than single‐family residential projects with the same percent impervious cover. Allow multifamily residential projects with up to 11 units, or more if allowed under a qualifying Affordability Unlocked project, to follow the Small Project site plan process if they meet certain conditions. Fewer review …

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Aug. 17, 2022

NBG Subdistrict: updated FAR map (8/17/22) original pdf

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Figure 4-3 : Maximum Floor - to - Area- Ratio (FAR) with Development Bonus Revised 08-16-22 LEGEND 2 :1 Maximum FAR 3 :1 Maximum FAR 5 :1 Maximum FAR 8 :1 Maximum FAR 12 :1 Maximum FAR NBG Planning Area Boundary Parcel Boundary Rail roads DUVAL G R A F A R C Y M S C I R T E M W O L L O H E N O T S DONLEY DENTON ENERGY R U N D B E R G T E N R U B KRAMER BRAKER MCHALE RUTLAND N O S P M O H T S L I E N LONGHORN INDUSTRIAL D I E R D E T I N U L I E N - C M G R E A T H I T E X A S O F S T O N E L A K E L S L C A P I T A L H W Y 1 8 C A P - O M / 1 P O O L YORK TUDOR 3 / R E S E A R C H

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Aug. 17, 2022

NBG Subdistrict: updated height map (8/17/22) original pdf

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Figure 4-5: Maximum Height with Development Bonus Revised 08-16-22 Maximum Height LEGEND 60 feet 120 feet 180 feet 240 feet 420 feet 360 feet NBG Planning Area Boundary Parcel Boundary Rail roads DUVAL G R A F A R C Y M S * KRAMER T E N R U B C I R T E M W O L L O H E N O T S DONLEY DENTON ENERGY R U N D B E R G G R E A T H I T E X A S O F S T O N E L A K E L S L C A P I T A L H W Y 1 8 C A P - O M / 1 P O O L YORK TUDOR 3 / R E S E A R C H BRAKER MCHALE RUTLAND N O S P M O H T S L I E N LONGHORN INDUSTRIAL D I E R D E T I N U L I E N - C M 20180628-088. * Development in this area is subject to the requirements of Ordinance

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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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