REGULAR CALLED MEETING of the PLANNING COMMISSION TUESDAY, July 9, 2024, 6:00 PM AUSTIN CITY HALL, BOARD AND COMMISSION ROOM, ROOM 1101 301 WEST 2ND STREET AUSTIN, TEXAS Some members of the Planning Commission may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live. Public comment will be allowed in-person or remotely via telephone. Speakers may only register to speak on an item once either in-person or remotely. Registration no later than 2 PM the day of the meeting is required for remote participation by telephone. For more information on public comment, please see the agenda section “Speaker Registration”. Please contact Nicole Corona, Staff Liaison, for questions regarding speaker registration at nicole.corona@austintexas.gov or by phone at 512-974-3146. CURRENT BOARD MEMBERS/COMMISSIONERS: Claire Hemple, Chair (District 8) Awais Azhar, Vice Chair (Mayor’s Representative) Greg Anderson, Secretary (District 4) Alice Woods, Parliamentarian (District 2) Patrick Howard (District 1) Felicity Maxwell (District 5) Jennifer Mushtaler (District 6) EX-OFFICIO MEMBERS: Ryan Johnson (District 7) Danielle Skidmore (District 9) Grayson Cox (District 10) Alberta Phillips (Mayor’s Representative) Adam Haynes (Mayor’s Representative) Jessica Cohen, Chair of Board of Adjustment Candace Hunter, AISD Board of Trustees TC Broadnax, City Manager Richard Mendoza – Director of Transportation and Public Works EXECUTIVE SESSION (No public discussion) The Planning Commission will announce it will go into Executive Session, if necessary, according to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters Attorney: Steve Maddox +1 (512) 974-6080 Commission Liaison: Nicole Carona (512) 974-3146 specifically listed on the agenda. The Commission may not conduct a closed meeting without the approval of the city attorney. Private Consultation with Attorney – Section 551.071. CALL TO ORDER PUBLIC COMMUNICATION: GENERAL AGENDA The first four speakers signed up prior to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. APPROVAL OF MINUTES 1. Approve the minutes of the Planning Commission regular meeting on June 11, 2024 and June 25, 2024. PUBLIC HEARINGS 2. Plan Amendment: NPA-2023-0010.02 - East 2nd Street - 2300 Block; District 3 Location: 109, 111, 113 Mildred Street and 2305, 2307 E. 2nd Street (Unit A), 2307 E. 2nd Street (Unit B), 2311 E. 2nd Street, Lady Bird Lake Watershed Owner/Applicant: Patrica Ann Pope; LaFayette 2109, LLC; and Isdale Investments, Agent: Request: Staff Rec.: Staff: LLC; and Emily Kolb …
City Council: July 18, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NEIGHORHOOD PLAN: Govalle/Johnston Terrace Combined CASE#: NPA-2024-0016.01.SH PROJECT NAME: 4900 Gonzales Redevelopment PC DATE: July 9, 2024 July 25, 2024 DATE FILED: February 21, 2024 4900 Gonzales Street ADDRESS/ES: DISTRICT AREA: 3 SITE AREA: 19.8078 acres OWNER/APPLICANT: Austin Independent School District (A.I.S.D) AGENT: Husch Blackwell, LLP (Nikelle Meade) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation PHONE: (512) 974-2695 From: Civic Base District Zoning Change To: Mixed Use Related Zoning Case: C14-2024-0019.SH From: P-NP NEIGHBORHOOD PLAN ADOPTION DATE: March 27, 2003 CITY COUNCIL DATE: July 18, 2024 PLANNING COMMISSION RECOMMENDATION: ACTION: To: GR-MU-V-DB90-NP (as amended) City Council: July 18, 2024 July 9, 2024 – (action pending) June 25, 2024 – Postponed to July 9, 2024 at the request of the neighborhood on the consent agenda. [R. Johnson – 1st; F. Maxwell – 2nd] Vote: 8-0 [A. Haynes, C. Hempel, A. Azhar absent. G. Cox off the dais. One vacancy on the dais]. STAFF RECOMMENDATION: Recommended for the Applicant’s request for Mixed Use land use. BASIS FOR STAFF’S RECOMMENDATION: The property is approximately 20 acres owned by the Austin Independent School District (A.I.S.D). Currently, the District’s Alternative Learning Center operates on the property and is also the location of a several non-profit organizations. A.I.S.D. has partnered with The NRP Group to develop the property with approximately 600 – 700 apartments with a possibility for neighborhood- serving commercial uses, in addition, a new Alternative Learning Center campus will be built on the property. The project is S.M.A.R.T. Housing Certified which proposes approximately 350 affordable dwelling units. See information below. The project will help meet the Austin Strategic Housing Blueprint’s goal to provide affordable housing throughout the City. Staff supports the applicant’s request for Mixed Use land use because the property is located near existing Mixed Use land uses, has access to public transportation, is near three activity corridors (Springdale Road, Airport Blvd, and E. 7th Street) and is directly south of the Springdale Station Activity Center. Mixed Use land use is appropriate in this location. 2 City Council: July 18, 2024 3 Below are sections of the Govalle/Johnston Terrace Neighborhood Plan document staff believes supports the applicant’s request. City Council: July 18, 2024 ‐ public facilities, including governmental offices, police, LAND USE DESCRIPTIONS: EXISTING LAND USE: Civic - Any site for public or semi …
ZONING CHANGE REVIEW SHEET DISTRICT: 4 TO: SF-3-NP CASE: C14-2024-0065 ADDRESS: 606 GAYLOR ST ZONING FROM: SF-6-NP SITE AREA: 0.25 acres PROPERTY OWNER: Certiestates LLC AGENT: Austin Civil Engineering, inc. (Calvin Weiman) CASE MANAGER: Tiffany Magnavice (512-978-0722, tiffany.magnavice@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant family residence – neighborhood plan (SF-3-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: ORDINANCE NUMBER: ISSUES: No issues at this time. CASE MANAGER COMMENTS: The subject rezoning area is undeveloped and approximately 0.25 acres. It is situated at the northwest corner of Gaylor Street (Level 1/Local) and Guadalupe Street (Level 2/Local). To the north are two core transit corridors; North Lamar Boulevard and Airport Boulevard. Development on Gaylor Street and Guadalupe Street is generally characterized by low density multifamily residences, single family, townhouse and condominium residences, mixed use neighborhood offices (MF-2-NP; SF-3-NP; SF-6-NP; NO-MU-NP). There is also transit oriented development along the Capital Metro Rail Redline with uses such as auto services, retail, and commercial services (TOD-NP). Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). The applicant is proposing to rezone the property to the family residence – neighborhood plan (SF-3-NP) combined district zoning for a residential development that will include three (3) dwelling units equaling approximately 3,490 square feet in total. C14-2024-0065 Page 2 Staff is recommending the family residence-neighborhood plan (SF-3-NP) combined district zoning. This property meets the intent of the district and would increase overall housing in this area of the City, as well as support the addition of missing-middle housing units. The required lot size is 14,000 square feet per 25-2-776 B to build three residences. Since this lot is 11,057 square feet, additional property would be needed to meet this requirement. Subsection D 2 also prohibits condos on local streets and Gaylor is designated as a Level 1 street. The new H.O.M.E amendments allow three unit residential on SF1, SF-2 and SF-3 zonings. Three-unit residential use is not a permitted use in the existing zoning, townhome and condominium residence-neighborhood plan (SF-6-NP). BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. Zoning changes should promote an orderly relationship among land uses. The family residence (SF-3) district is the designation for a moderate density single-family residential use and a duplex use on a lot that is a minimum of 5,750 square feet. An SF-3 district designation …
ZONING CHANGE REVIEW SHEET DISTRICT: 4 TO: SF-3-NP CASE: C14-2024-0064 ADDRESS: 602 GAYLOR ST ZONING FROM: SF-6-NP SITE AREA: 0.29 acres PROPERTY OWNER: Certiestates LLC AGENT: Austin Civil Engineering, inc. (Calvin Weiman) CASE MANAGER: Tiffany Magnavice (512-978-0722, tiffany.magnavice@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant family residence – neighborhood plan (SF-3-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: ORDINANCE NUMBER: ISSUES: No issues at this time. CASE MANAGER COMMENTS: The subject rezoning area is undeveloped and approximately 0.29 acres. It is situated at the northwest corner of Gaylor Street (Level 1/Local) and Guadalupe Street (Level 2/Local). To the north are two core transit corridors; North Lamar Boulevard and Airport Boulevard. Development on Gaylor Street and Guadalupe Street is generally characterized by low density multifamily residences, single family, townhouse and condominium residences, mixed use neighborhood offices (MF-2-NP; SF-3-NP; SF-6-NP; NO-MU-NP). There is also transit oriented development along the Capital Metro Rail Redline with uses such as auto services, retail, and commercial services (TOD-NP). Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). The applicant is proposing to rezone the property to the family residence – neighborhood plan (SF-3-NP) combined district zoning for a residential development that will include three (3) dwelling units equaling approximately 3,903 square feet in total. C14-2024-0064 Page 2 Staff is recommending the family residence-neighborhood plan (SF-3-NP) combined district zoning. This property meets the intent of the district and would increase overall housing in this area of the City, as well as support the addition of missing-middle housing units. The required lot size is 14,000 square feet per 25-2-776 B to build three residences. Since this lot is 12,632 square feet, additional property would be needed to meet this requirement. Subsection D 2 also prohibits condos on local streets and Gaylor is designated as a Level 1 street. The new H.O.M.E amendments allow three unit residential on SF1, SF-2 and SF-3 zonings. Three-unit residential use is not a permitted use in the existing zoning, townhome and condominium residence-neighborhood plan (SF-6-NP). BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. Zoning changes should promote an orderly relationship among land uses. The family residence (SF-3) district is the designation for a moderate density single-family residential use and a duplex use on a lot that is a minimum of 5,750 square feet. An SF-3 district designation …
Sr. No. Proposed by Topic Proposed Amendment Justification Notes WG Vote Tally 1 2 3 4 5 Maxwell City Staff Maxwell City Staff Woods City Staff Maxwell City Staff Add one full time employee to Zoning team. Woods Training Optional Planning Commission 101 training for PC members, possibly through Texas Municipal League or APA Texas Chapter. Rehearings for VMU cases, DB-90 and numerous additional paper districts being created all leading to increase in zoning cases. Allow for new and existing commissioners to gain valuable knowledge about planning processes, state law, and best practices to inform discussions and improve efficiency. Ensures the ongoing sovereignty of Planning Commission and similar independent commissions and ensures clear separation of oversight/influence for assigned City Staff. Brings more clarity to decision-making related to legal questions that arise at Planning Commission, and improves efficiency at meetings. Explore the establishment of the Office of the Land Use Commissions (OLUC), which will involve the transfer of existing commission liaisons and the recruitment of supplementary staff as needed. OLUC will encompass the Board of Adjustment, Planning Commission, and Zoning and Platting Commission. Additionally, the office will incorporate a specialized legal representative tasked with attending commission meetings in person, exclusively representing the best interests of the commissions. Allocate funds for a singular budgetary expense aimed at engaging a consultant. The purpose of this engagement is to conduct a comprehensive evaluation and review of all operations and methodologies within the Planning Department. The consultant will offer insights and recommendations geared towards enhancing workflow efficiency and improving work outcomes, with a focus on meeting the established timelines mandated by city regulations. Request additional funding for Planning Department outreach, specifically related to Citywide LDC changes. Improve transparency and access to Planning Commission processes. Improve efficiency in communications between Planning Commission and Planning Dept. staff and help Planning Commmission meet established timelines set by City Council. 2 2 2 2 2 Maxwell Vote Woods Vote Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
ZONING CHANGE REVIEW SHEET CASE: C14-2024-0032 DISTRICT: 8 ZONING FROM: AG-NP ZONING TO: MF-4-NP ADDRESS: 8900 and 8956 W SH HWY 71 SITE AREA: 60.665 acres (2,642,567 sq. ft.) PROPERTY OWNER: Marx Family Property, LLC, a Texas limited partnership AGENT: Dubois Bryant & Campbell, LLP (David Hartman) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to grant multifamily residence (Moderate-High Density) -neighborhood plan (MF-4-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: N/A CASE MANAGER COMMENTS: The property in question is approximately 60.67 acres, undeveloped, has access to Old Bee Caves Road (level 3) and W State Highway 71 (level 5), and is currently zoned agricultural- neighborhood plan (AG-NP) combined district zoning. The property has ranch/farms and undeveloped land (AG-NP, MF-1, P, DR) to the north. To the south there is more ranch/farmland, single family and convenience storage (RR-NP, AG-NP, CS-NP). To the east and west of the property are multifamily, duplex residential, ranch/farmland and undeveloped land (MF-1-NP, MF-1, AG-NP, GR-NP, GO-NP and I-RR). Please refer to Exhibits A (Zoning Map) and B (Aerial View). Staff is recommending the multifamily residence (Moderate-High Density) -neighborhood plan (MF-4-NP) combined district zoning for the proposed 660 multifamily units, C14-2024-0032 2 approximately 11 units per acre for density. The MF-4 request will allow for more height per building and increase the amount of open space on the property. The site is located within the Oak Hill Combined Neighborhood plan (West Oak Hill) and has letters of support from surrounding neighbors. Please refer to the Correspondence from Interested Parties. The Imagine Austin Oak Hill Center is less than a mile south on Highway 71. The property is also within the new Capital Metro Pickup North Oak Hill Service Zone, and approximately 0.70 miles from an existing bus route/stop. This site expands the number of units and housing choice that suits a variety of household sizes, incomes, and lifestyle needs of a diverse population in support of Imagine Austin and the Strategic Housing Blueprint. Please refer to the associated neighborhood plan amendment case, NPA-2024-0025.01, for more staff comments. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The multifamily residence (Moderate-High Density) district is intended to accommodate multifamily and group residential use with a maximum density of 36 to 54 units per acre, depending …
1. PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, JUNE 11, 2024 The Planning Commission convened in a regular meeting on Tuesday, June 11, 2024, at Austin City Hall, Board and Commissions Room, Room 1101 301 West 2nd Street, Austin, Texas in Austin, Texas. Chair Hempel called the Planning Commission Meeting to order at 6:06 p.m. Board Members/Commissioners in Attendance: Claire Hempel Awais Azhar Greg Anderson Adam Haynes Ryan Johnson Felicity Maxwell Alice Woods Board Members/Commissioners in Attendance Remotely: Patrick Howard Jennifer Mushtaler Alberta Phillips Danielle Skidmore PUBLIC COMMUNICATION: GENERAL Stuart Hersh, Smart Housing and Housing Crises in Austin. APPROVAL OF MINUTES Approve the minutes of the Planning Commission regular meeting on May 28, 2024. The minutes from the meeting of 05/28/2024 were approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Maxwell’s second on a 10-0 vote. Commissioner Mushtaler was off the dais. Commissioner Cox and Commissioner Barrera-Ramirez were absent. 1 PUBLIC HEARINGS 2. Plan Amendment: NPA-2022-0005.01 - Vargas Mixed Use; District 3 Location: 400 Vargas Road and 6520 Lynch Lane, Country Club East Creek and Colorado River Watersheds Owner/Applicant: Vargas Properties I, LTD and Jayco Holdings I, LTD Agent: Request: Staff Rec.: Staff: Thower Design, LLC (Ron Thrower and Victoria Haase) Commercial to Mixed Use land use Recommended Maureen Meredith, 512-974-2695, maureen.meredith@austintexas.gov Planning Department The motion to deny the Neighborhood’s postponement request to 07/09/2024 or 07/23/2024 was approved on Commissioner Johnson’s motion, Commissioner Maxwell’s second on an 8-2 vote. Those voting aye were Chair Hempel, Vice Chair Azhar, Commissioners: Anderson, Howard, Johnson, Maxwell, Skidmore, Woods. Those voting nay were Commissioners: Haynes, Phillips. Commissioner Mushtaler was off the dais. Commissioner Cox and Commissioner Barrera-Ramirez were absent. The public hearing was closed on Commissioner Woods’ motion, Commissioner Maxwell’s second on a 7-0 vote. Commissioners Anderson, Haynes, Mushtaler, and Phillips were off the dais. Commissioners Cox and Barrera-Ramirez were absent. The motion to approve Staff’s recommendation of Mixed Use land use for NPA-2022- 0005.01 - Vargas Mixed Use located at 400 Vargas Road & 6520 Lynch Lane was approved on Chair Hempel’s motion, Commissioner Woods’ second on an 7-0 vote. Commissioners Anderson, Haynes, Mushtaler, and Phillips were off the dais. Commissioners Cox and Barrera-Ramirez were absent. C14-2022-0107 - Vargas Mixed Use; District 3 400 Vargas Road & 6520 Lynch Lane, Country Club East Creek and Colorado River Watersheds Owner/Applicant: Vargas Properties I LTD & Jayco Holdings I LTD (Jay Chernosky) Agent: …
Planning Commission: July 9, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NEIGHORHOOD PLAN: Holly CASE#: NPA-2023-0010.02 PROJECT NAME: East 2nd Street – 2300 Block PC DATE: DATE FILED: July 31, 2023 July 9, 2024 June 11, 2024 May 28, 2024 April 9, 2024 March 12, 2024 January 23, 2024 December 12, 2023 ADDRESS/ES: 109, 111, 113 Mildred Street and 2305, 2307 E. 2nd Street (Unit A), 2307 E. 2nd Street (Unit B), 2311 E. 2nd Street DISTRICT AREA: 3 SITE AREA: 0.7716 OWNER/APPLICANT: Patrica Ann Pope; LaFayette 2109, LLC; and Isdale Investments, LLC; and Emily Kolb Isdale AGENT: Armbrust & Brown, PLLC (Michael J. Whellan) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation From: Single Family Base District Zoning Change To: Mixed Use PHONE: (512) 974-2695 Related Zoning Case: C14-2023-0010.02 From: SF-3-NP, CS-CO-MU-NP, LO-NP, LO-CO-MU-NP To: CS-V-MU-DB90-NP NEIGHBORHOOD PLAN ADOPTION DATE: December 13, 2001 Planning Commission: July 9, 2024 ACTION: CITY COUNCIL DATE: TBD PLANNING COMMISSION RECOMMENDATION: July 9, 2024 – (action pending) June 11, 2024 – Postponed to July 9, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 10-0 [J. Mushtaler off the dais. G. Cox and N. Barrera- Ramirez absent]. May 28, 2024 – Postponed to June 11, 2024 on the consent agenda at the request of Staff. [F. Maxwell – 1st; A. Woods – 2nd] Vote: 10-0 [G. Cox off the dais. P. Howard and A. Phillips absent]. April 9, 2024 – Postponed to May 28, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 12-0 [A. Phillips off the dais]. March 12, 2024- Postponed to April 9, 2024 on the consent agenda at the request of Staff. [A. Woods – 1st; F. Maxwell – 2nd] Vote: 11-0 [C. Hempel and J. Mushtaler absent]. January 23, 2024 – Postponed to March 12, 2024 on the consent agenda at the request of the Applicant. [G. Anderson – 1st; F. Maxwell – 2nd] Vote: 11-0 [J. P. Connolly and A. Woods absent]. December 12, 2023 – Postponed to January 23, 2024 on the consent agenda at the request of the Applicant. [F. Maxwell – 1st; A. Azhar – 2nd] Vote: 11-0 [N. Barrera-Ramirez and P Howard absent]. STAFF RECOMMENDATION: To support the applicant’s request for Mixed Use land use. BASIS FOR …
ZONING CHANGE REVIEW SHEET CASE: East Cesar Chavez – 2300 Block (C14-2024-0027) DISTRICT: 3 ZONING FROM: SF-3-NP, CS-CO-MU-NP, LO-NP, and LO-CO-MU-NP ADDRESS: 2300-2328 East Cesar Chavez Street, 2305-2317 East 2nd Street, 109-113 Mildred Street ZONING TO: CS-MU-V-CO- DB90-NP (as amended) SITE AREA: approximately 3.26 acres - approximately 142,005 sqft PROPERTY OWNERS: Patrica Ann Pope; LaFayette 2109, LLC; Isdale Investments, LLC; Emily Kolb Isdale; 2324-ECC-Arc LLC; 2400 ECC-Arc LLC; 2317 E 2nd-Arc LLC AGENT: Armbrust & Brown, PLLC (Michael Whellan) CASE MANAGER: Jonathan Tomko (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff recommends granting general commercial services-mixed use-vertical mixed use- DB90-neighborhood plan (CS-MU-V-DB90-CO-NP) combining district zoning. See the basis of recommendation section below for more information. Staff's recommendation does recommend keeping the conditional overlay established on portions of the subject tract, under Ordinance No. 011213-44, on the entire tract being rezoned. It prohibits the following nine uses: adult oriented businesses, campground, convenience storage, drop-off recycling collection facilities, equipment sales, kennels, pawn shop services, transportation terminal, and vehicle storage. It conditionally allows the following seven uses: automotive rentals, automotive repair services, automotive sales, automotive washing (of any type), commercial off-street parking, custom manufacturing, and service station. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: Case is scheduled to be heard by Planning Commission. CITY COUNCIL ACTION: TBD ORDINANCE NUMBER: N/A ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. CASE MANAGER COMMENTS: The property in question is currently an amalgamation of different uses and zoning strings from a time when the area had significantly smaller parcels with mixed uses on these small parcels. Four single-family homes, a restaurant, three office/retail spaces, a small strip center, a service repair garage, and a class C warehouse currently occupy the approximately 3 acre subject tract. The location is adjacent to an ASMP level 3 roadway and Imagine Austin Corridor (East Cesar Chavez) and approximately ¼ mile west of Pleasant Valley Road another Imagine Austin C14-2024-0027 2 Corridor and ASMP level 3 roadway. There is frequent Capital Metro Bus service with the …
Planning Commission: July 9, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NPA-2024-0025.01 DATE FILED: March 13, 2024 NEIGHORHOOD PLAN: Oak Hill Combined (West Oak Hill) CASE#: PROJECT NAME: 8900 and 8956 W SH 71 Multifamily PC DATE: July 9, 2024 ADDRESS/ES: DISTRICT AREA: 8 SITE AREA: 60.665 acres OWNER/APPLICANT: Marx Family Property, LLC and Texas limited liability 8900 and 8956 W SH 71 company AGENT: Dubois Bryant & Campbell, LLP (David Hartman) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation From: Rural Residential Base District Zoning Change To: Multifamily Residential PHONE: (512) 974-2695 Related Zoning Case: C14-2024-0032 From: AG-NP To: MF-4-NP NEIGHBORHOOD PLAN ADOPTION DATE: December 11, 2008 CITY COUNCIL DATE: TBD PLANNING COMMISSION RECOMMENDATION: July 9, 2024 - (action pending) ACTION: Planning Commission: July 9, 2024 STAFF RECOMMENDATION: To grant the applicant’s request for Multifamily Residential land use. BASIS FOR STAFF’S RECOMMENDATION: The applicant proposes to change the land use on the future land use map (FLUM) from Rural Residential to Multifamily Residential land use. The applicant proposes to build approximately 660 multifamily residential units on a 60.665-acre tract of land. The proposed development will provide additional residential housing units for the Oak Hill area and the city. Below are sections of the Oak Hill Plan staff that supports the applicant’s request. GOALS, OBJECTIVES AND RECOMMENDATIONS: 6.A. Provide opportunities for high-quality new development and re- development. 6A.1 Ensure quality of new construction and renovations. 6.B. Balance development and environmental protection by maintaining a vibrant residential and commercial community that demonstrates caring stewardship of the environment. 6.B.1 Encourage zoning to be compatible with existing and neighboring land uses and seek optimal and most appropriate use of land. 6.B.1a—Rework zoning to allow/support the vision of the Oak Hill Neighborhood Plan. 6.B.1b—Cluster higher density development in appropriate areas, striving to balance the interests of stakeholders while taking into consideration environmental concerns. 2 Planning Commission: July 9, 2024 CHAPTER 8: HOUSING 8.A. Balance development and environmental protection by maintaining a vibrant residential and commercial community. 8.A.1 Assess and minimize the impact of land development on surface and ground water. 8.A.1a—Every housing development/redevelopment should include an environmental impact analysis and incorporate all necessary measures to address its potential impact on the Edwards Aquifer (impervious cover, drainage, traffic, etc.). 8.A.2 Design and place homes to minimize impacts on natural resources and the physical environment and to maximize social …
ZONING CHANGE REVIEW SHEET CASE: C14-2024-0032 DISTRICT: 8 ZONING FROM: AG-NP ZONING TO: MF-4-NP ADDRESS: 8900 and 8956 W SH HWY 71 SITE AREA: 60.665 acres (2,642,567 sq. ft.) PROPERTY OWNER: Marx Family Property, LLC, a Texas limited partnership AGENT: Dubois Bryant & Campbell, LLP (David Hartman) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to grant multifamily residence (Moderate-High Density) -neighborhood plan (MF-4-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: N/A CASE MANAGER COMMENTS: The property in question is approximately 60.67 acres, undeveloped, has access to Old Bee Caves Road (level 3) and W State Highway 71 (level 5), and is currently zoned agricultural- neighborhood plan (AG-NP) combined district zoning. The property has ranch/farms and undeveloped land (AG-NP, MF-1, P, DR) to the north. To the south there is more ranch/farmland, single family and convenience storage (RR-NP, AG-NP, CS-NP). To the east and west of the property are multifamily, duplex residential, ranch/farmland and undeveloped land (MF-1-NP, MF-1, AG-NP, GR-NP, GO-NP and I-RR). Please refer to Exhibits A (Zoning Map) and B (Aerial View). Staff is recommending the multifamily residence (Moderate-High Density) -neighborhood plan (MF-4-NP) combined district zoning for the proposed 660 multifamily units, C14-2024-0032 2 approximately 11 units per acre for density. The MF-4 request will allow for more height per building and increase the amount of open space on the property. The site is located within the Oak Hill Combined Neighborhood plan (West Oak Hill) and has letters of support from surrounding neighbors. Please refer to the Correspondence from Interested Parties. The Imagine Austin Oak Hill Center is less than a mile south on Highway 71. The property is also within the new Capital Metro Pickup North Oak Hill Service Zone, and approximately 0.70 miles from an existing bus route/stop. This site expands the number of units and housing choice that suits a variety of household sizes, incomes, and lifestyle needs of a diverse population in support of Imagine Austin and the Strategic Housing Blueprint. Please refer to the associated neighborhood plan amendment case, NPA-2024-0025.01, for more staff comments. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The multifamily residence (Moderate-High Density) district is intended to accommodate multifamily and group residential use with a maximum density of 36 to 54 units per acre, depending …
Planning Commission: July 9, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NEIGHORHOOD PLAN: Govalle/Johnston Terrace Combined CASE#: NPA-2024-0016.01.SH PROJECT NAME: 4900 Gonzales Redevelopment PC DATE: July 9, 2024 July 25, 2024 DATE FILED: February 21, 2024 4900 Gonzales Street ADDRESS/ES: DISTRICT AREA: 3 SITE AREA: 19.8078 acres OWNER/APPLICANT: Austin Independent School District (A.I.S.D) AGENT: Husch Blackwell, LLP (Nikelle Meade) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation PHONE: (512) 974-2695 From: Civic Base District Zoning Change To: Mixed Use Related Zoning Case: C14-2024-0019.SH From: P-NP NEIGHBORHOOD PLAN ADOPTION DATE: March 27, 2003 CITY COUNCIL DATE: July 18, 2024 ACTION: To: GR-MU-V-DB90-NP (as amended) Planning Commission: July 9, 2024 PLANNING COMMISSION RECOMMENDATION: July 9, 2024 – (Action Pending) June 25, 2024 – Postponed to July 9, 2024 at the request of the neighborhood on the consent agenda. [R. Johnson – 1st; F. Maxwell – 2nd] Vote: 8-0 [A. Haynes, C. Hempel, A. Azhar absent. G. Cox off the dais. One vacancy on the dais]. STAFF RECOMMENDATION: Recommended for the Applicant’s request for Mixed Use land use. BASIS FOR STAFF’S RECOMMENDATION: The property is approximately 20 acres owned by the Austin Independent School District (A.I.S.D). Currently, the District’s Alternative Learning Center operates on the property and is also the location of a several non-profit organizations. A.I.S.D. has partnered with The NRP Group to develop the property with approximately 600 – 700 apartments with a possibility for neighborhood- serving commercial uses, in addition, a new Alternative Learning Center campus will be built on the property. The project is S.M.A.R.T. Housing Certified which proposes approximately 350 affordable dwelling units. See information below. The project will help meet the Austin Strategic Housing Blueprint’s goal to provide affordable housing throughout the City. Staff supports the applicant’s request for Mixed Use land use because the property is located near existing Mixed Use land uses, has access to public transportation, is near three activity corridors (Springdale Road, Airport Blvd, and E. 7th Street) and is directly south of the Springdale Station Activity Center. Mixed Use land use is appropriate in this location. 2 Below are sections of the Govalle/Johnston Terrace Neighborhood Plan document staff believes supports the applicant’s request. Planning Commission: July 9, 2024 3 Planning Commission: July 9, 2024 ‐ public facilities, including governmental offices, police, LAND USE DESCRIPTIONS: EXISTING LAND USE: Civic - Any site for public or semi …
ZONING CHANGE REVIEW SHEET CASE: C14-2024.0019.SH (4900 Gonzales/Anita Ferrales Coy Facility DISTRICT: 3 ADDRESS: 4900 Gonzales Street SITE AREA: approximately 19.81 acres (approximately 862,827 square feet) ZONING FROM: P-NP ZONING TO: CS-MU-V-CO-DB90-NP PROPERTY OWNER: Austin Independent School District (AISD) AGENT: Husch Blackwell, LLP and The NRP Group (Nikelle Meade and Nick Walsh) CASE MANAGER: Jonathan Tomko (512) 974-1047, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff recommends granting general commercial services-mixed use-vertical mixed use- conditional overlay-density bonus 90-neighborhood plan (CS-MU-V-CO-DB90-NP) combining district zoning. The conditional overlay would prohibit the following 24 uses: agricultural sales and services, alternative financial services, automotive rentals, automotive repair services, automotive sales, automotive washing (of any type), bail bonds services, building maintenance services, campground, commercial blood plasma center, construction sales and services, drop-off recycling collection facility, equipment repair services, equipment sales, exterminating services, laundry services, monument retail services, pawn shop services, pedicab storage and dispatch, service station, vehicle storage, limited warehousing and distribution, communication services facilities, maintenance service facilities, For more information see the basis of recommendation section below PLANNING COMMISSION ACTION / RECOMMENDATION: June 25, 2024: Neighborhood postponement to July 9, 2024 July 9, 2024: Case is scheduled to be heard by Planning Commission. CITY COUNCIL ACTION: July 18, 2024: Case is scheduled to be heard by City Council. ORDINANCE NUMBER: N/A ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 C14-2024-0019.SH 2 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. The applicant seeks to utilize DB90 to provide affordable housing for teachers. For more detailed information from the applicant see the Applicant’s Summary Letter in attachment C. CASE MANAGER COMMENTS: The subject tract is currently the Anita Ferrales Coy Facility (AISD) Approximately 135,000 square feet constructed in approximately 1999. To the north is a single-family dwelling of approximately 1,250 square feet. To the east are five single-family dwellings ranging from approximately 780 to 2,200 square feet, an industrial building of approximately 33,700 square feet and a warehouse of approximately 6,000 square feet. To the south are two warehouses of approximately 3,800 to 11,850 square feet, a recently constructed apartment complex …
Planning Commission: July 9, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET DATE FILED: March 13, 2024 5200 East 5th Street NEIGHORHOOD PLAN: Govalle/Johnston Terrace Combined (Govalle) CASE#: NPA-2024-0016.02 PROJECT NAME: 5200 East 5th Street PC DATE: July 9, 2024 ADDRESS/ES: DISTRICT AREA: 3 SITE AREA: 1.333 acres OWNER/APPLICANT: CSW 5th Street Manager, LLC AGENT: Drenner Group, PC (Amanda Swor) CASE MANAGER: Mark Walters STAFF EMAIL: mark.walters@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation PHONE: (512) 974-7695 From: Commercial Base District Zoning Change To: Mixed Use Related Zoning Case: C14-2024-0037 From: CS-CO-NP To: CS-MU-V-DB90-CO-NP NEIGHBORHOOD PLAN ADOPTION DATE: March 27, 2003 CITY COUNCIL DATE: TBD PLANNING COMMISSION RECOMMENDATION: July 9, 2024 – (action pending) STAFF RECOMMENDATION: To grant the Applicant’s request for Mixed Use land use. Planning Commission: July 9, 2024 BASIS FOR STAFF’S RECOMMENDATION: The requested amendment is in alignment with several of the neighborhood plan’s goals. Below are sections from the neighborhood plan that supports the applicant’s request: GOAL 3: Land Use - Develop a balanced and varied pattern of land use. Key Principles • Provide a balance of land use and zoning for people to both live and work in the • Encourage mixed use so that residential uses are allowed on some commercial area. properties. Staff Comment: The requested zoning (CS-MU-V-DB90-CO-NP) and associated future land use map amendment (Mixed Use) would be similar to the adjacent lot to the north: CS-V-CO-NP and Mixed Use. The surrounding properties indicated on the FLUM are designated a variety of different land use categories ranging from Industrial, Commercial, Civic, and Mixed Use. The proposed change maintains the varied land use pattern. GOAL 8: Housing - Increase opportunities for people to live in close proximity to daily needs such as shopping and transportation. Staff Comment: The subject track is approximately 300’ from the Austin Grayhoud Station which also serves as a transfer center for Capital Metro bussess serving six different routes as well as for CARTS service. Although there are not many goods and servies available in the immediate area, future development of the site may inlcude a retail element. Located south of the subject tract, on Levander Loop is the recently rezoned Bordon Tract PDA (Ordinance No. 20230720-181) allowing for multi-family buildings up to 120’ and a large cocktail lounge. As the subject tract and the Bordon Tract develop, new retail uses may be attacted to the area. GOAL 9: …
CASE: 5200 East 5th Street (C14-2024-0037) DISTRICT: 3 ZONING CHANGE REVIEW SHEET ZONING FROM: CS-CO-NP ZONING TO: CS-MU-V-CO-DB90-NP ADDRESS: 5200 East 5th Street SITE AREA: approximately 1.333 acres (approximately 58,065 square feet) PROPERTY OWNER: CSW 5th Street, LLC AGENT: Drenner Group, PC (Amanda Swor, AICP) CASE MANAGER: Jonathan Tomko (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff recommends granting general commercial services-mixed use-vertical mixed use- conditional overlay-density bonus 90-neighborhood plan (CS-MU-V-CO-DB90- NP) combining district zoning. The conditional overlay would be carried over from Ordinance No. 030327-11a and prohibit seven uses: adult oriented businesses, campground, kennels, laundry services, pawn shop services, residential treatment, and vehicle storage. The conditional overlay would allow ten conditional uses: agricultural sales and services, automotive rentals, automotive repair services, automotive washing (of any type), building maintenance services, commercial off-street parking, construction sales and services, equipment sales, equipment repair services, and drive-in services as an accessory to commercial uses. For more information see the basis of recommendation section below. PLANNING COMMISSION ACTION / RECOMMENDATION: June 25, 2024: Neighborhood postponement granted to July 9, 2024. July 9, 2024: Case is scheduled to be heard by Planning Commission. CITY COUNCIL ACTION: TBD ORDINANCE NUMBER: N/A ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. CASE MANAGER COMMENTS: The property in question is currently undeveloped land. To the north is additional undeveloped land. To the east across interchange of Airport Boulevard, East 7th Street, East 5th Street, and East Cesar Chavez Street is the Austin Animal Center and an asphalt contractor. To the south across East 5th Street/East Cesar Chavez Street is an automotive repair shop, approximately 7,800 square feet, was constructed in approximately 1975. A door supplier office/retail store of approximately 1,100 square feet was built in approximately 1939. Greyhound Bus Station C14-2024-0037 2 and the CARTS Eastside Bus Plaza, approximately 2,000 square feet, was constructed in 2020. To the west are vacant warehouses, approximately 24,000 square feet built in the early 1940s. The Applicant previously proposed to rezone approximately the subject tract from CS-CO-NP to …
Planning Commission: July 9, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NEIGHORHOOD PLAN: Montopolis CASE#: NPA-2023-0005.01 PROJECT NAME: Montopolis-Fairway Mixed Use PC DATE: July 9, 2024 DATE FILED: November 13, 2023 June 11, 2024 May 28, 2024 April 23, 2024 March 26, 2024 February 27, 2024 January 23, 2024 December 12, 2023 ADDRESS/ES: 1614 Montopolis Drive; 6205, 6211, 6215 Fairway Street DISTRICT AREA: SITE AREA: 1.91 acres OWNER/APPLICANT: 3rd Angle Developments LLC, 1614 Montopolis LLC and Ben 6202, 6204 Caddie Street; 1600, 1604, 1606, 1608, 1610, 1612, and 3 S. Cobos AGENT: Thrower Design, LLC (Ron Thrower and Victoria Haase) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation From: Single Family and Civic To: Mixed Use Base District Zoning Change PHONE: (512) 974-2695) Related Zoning Case: C14-2024-0015 From: SF-3-NP and GR-NP To: CS-DB90-NP NEIGHBORHOOD PLAN ADOPTION DATE: September 27, 2001 Planning Commission: July 9, 2024 ACTION: CITY COUNCIL DATE: TBD PLANNING COMMISSION RECOMMENDATION: July 9, 2024 – (action pending) June 11, 2024- Postponed to July 9, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 10-0 [J. Mushtaler off the dais. G. Cox and N. Barrera- Ramirez absent]. May 28, 2024 – Postponed to June 11, 2024 on the consent agenda at the request of staff. [F. Maxwell – 1st; A. Woods – 2nd] Vote: 10-0 [P. Howard and A. Phillips absent]. April 23, 2024- Case was renotified for May 28, 2024 due to an error on the postponement date. March 26, 2024- Postponed to April 23, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 10-0 [G. Anderson off the dais. P. Howard and A. Phillips absent]. February 27, 2024 - Postponed to March 26, 2024 on the consent agenda at the request of the Applicant. [A. Azhar – 1st; A. Woods – 2nd] Vote: 11-0 [J. Mushtaler off the dais. F. Maxwell absent]. January 23, 2024 – Postponed to February 27, 2024 on the consent agenda at the request of the Applicant. [G. Anderson- 1st; F. Maxwell – 2nd] Vote: 11-0 [J.P. Connolly and A. Woods absent]. December 12, 2023 – Postponed to January 23, 2024 on the consent agenda at the request of the Applicant. [F. Maxwell – 1st: A. Azhar – 2nd] Vote: 11-0 [N. Barrera-Ramirez and P. Howard …
ZONING CHANGE REVIEW SHEET DISTRICT: 3 TO: CS-DB90-NP CASE: C14-2024-0015 ZONING FROM: SF-3-NP & GR-NP ADDRESS: 6202, 6204 Caddie Street; 6205, 6211, 6215 Fairway Street; 1600, 1604, 1606, 1608, 1610, 1612, and 1614 Montopolis Drive SITE AREA: 1.92 acres (83,905 sq. ft.) PROPERTY OWNER: 3rd Angle Developments LLC & 1614 Montopolis LLC (Ben S. Cobos) AGENT: Thrower Design, LLC (Ron Thrower & Victoria Haase) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The Staff recommendation is to grant community commercial – density bonus 90 - neighborhood plan (GR-DB90-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant submitted this new rezoning application to request the -DB90 combining district. C14-2024-0015 Page 2 CASE MANAGER COMMENTS: The property in question is 1.92 acres, undeveloped, has frontage on Montopolis Drive (level 3), Caddies Street (level 1) and Fairway Street (level 1). The site has two zonings associated with it, community commercial-neighborhood plan (GR-NP) and family residences- neighborhood plan (SF_3-NP). The property has townhomes, Austin Youth Development Building and a Dollar Tree (MF-2-NP, P-NP, GR-NP) to the north. There are also business commercial buildings and single family residential (SF-3-NP, GR-NP). To the east are multifamily residential and undeveloped land (ERC). There closest bus stop is on the corner of Caddie Street and Montopolis Drive, right on the property. The site is mostly in the Riverside Station Imagine Austin Corridor, making this an ideal location to add housing. Please refer to Exhibits A (Zoning Map) and B (Aerial View). The applicant is requesting general commercial-density bonus 90-neighborhood plan (CS-DB90-NP) combining district for a proposed development that would include multi- family units requiring an affordable component. A building constructed under density bonus 90 (DB90) standards allows for a mix of residential uses and commercial uses, and the result is typically retail, restaurants and offices on the ground floor, and residential units on upper levels. The overall project would consist of approximately …
ZONING CHANGE REVIEW SHEET DISTRICT: 9 TO: LI-PDA-NP CASE: 1200 West 5th Street (C14-2024-0007) ADDRESS: 1207, 1209, 1211, 1211 ½ West 5th Street ZONING FROM: LI-CO-NP SITE AREA: approximately 0.46 acres (approximately 20,037 square feet) PROPERTY OWNER: 1209 West Fifth Street LLC AGENT: Drenner Group, PC (Leah M. Bojo, AICP) CASE MANAGER: Jonathan Tomko (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff recommends granting limited industrial services-planned development area- the basis of neighborhood plan (LI-PDA-NP) combining district zoning. See recommendation section below for more information. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: Case is scheduled to be heard by Planning Commission. CITY COUNCIL ACTION: TBD ORDINANCE NUMBER: N/A ISSUES: N/A CASE MANAGER COMMENTS: The property in question is currently a medium office of 3 stories and 11,000 square feet constructed in 1985. To the north are two small stores, constructed in the late 1950s/early 1960s, of approximately 4,000 square feet each. One small office, constructed in 1973, of approximately 5,800 square feet. To the south, is a small office/retail space constructed in approximately 1917 of approximately 1,000 square feet. A warehouse, constructed in 1910, of approximately 4,500 square feet. To the east, is a paved area of approximately 7,800 square feet. To the west, is a retail strip center of approximately 6,000 square feet constructed in 1950, renovated in 1990. Existing Zoning Old West Austin Neighborhood Plan C14-2024-0007 2 The Old West Austin Neighborhood Plan identifies the area where the property is located as neighborhood-friendly commercial areas where office, retail and residences can be mixed vertically and horizontally. Proposed Zoning Section 1. Applicable Site Development Regulations Except as specifically provided below, the property may be developed and used in accordance with the regulations established for the Limited Industrial Service (LI) zoning district and other requirements of the City Code. Development of the property is subject to the regulations set forth in Ordinance No. 020926- 26 and as amended in this part: Section 2. Authorized Uses Permitted Residential Uses: - Bed & Breakfast (Group 1) - Bed & Breakfast (Group 2) - Condominium Residential - Group Residential - Multifamily Residential - Townhouse Residential feet) - Medical Offices (>5,000 square - Monument Retail - Off-Site Accessory Parking - Outdoor Entertainment * Standards in LDC Section 25-2-491, Zoning Land Use Summary Table, for Austin City Code apply. Permitted and Conditional Commercial Uses: - Administrative Business Offices - Agricultural Sales and Services - Art Gallery …
ZONING CHANGE REVIEW SHEET (215, 622 sq. ft.) ZONING TO: MF-6-NP DISTRICT: 3 CASE: C14-2023-0139 ZONING FROM: MF-6-CO-NP ADDRESS: 2302 Durwood St and 2324 Wilson St SITE AREA: 4.95 acres PROPERTY OWNER: 2018 Austin OCV, LLC (Rene Campos) AGENT: Armbrust & Brown, PLLC (Michael Gaudini) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to grant multifamily residence (highest density) - neighborhood plan (MF-6-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: June 11, 2024: APPROVED THE NEIGHBORHOOD’S REQUEST FOR A POSTPONEMENT TO JULY 9, 2024. [A. AZHAR; F. MAXWELL-2ND] (10-0) N. BARRERA-RAMIREZ & G.COX – ABSENT; J. MUSHTALER - OFF THE DIAS [F. MAXWELL; A. WOODS-2ND] (10-0) P. HOWARD AND A. PHILLIPS – ABSENT, [A. AZHAR; F. MAXWELL-2ND] (12-0) ONE VACANCY ON THE DIAS May 28, 2024: APPROVED THE APPLICANTS REQUEST FOR A POSTPONEMENT TO JUNE 11, 2024. G.COX – ARRIVED LATE April 9, 2024: APPROVED THE APPLICANTS REQUEST FOR A POSTPONEMENT TO MAY 28, 2024. February 13, 2024: APPROVED THE NEIGHBORHOODS REQUEST FOR A POSTPONEMENT TO APRIL 9, 2024. CITY COUNCIL ACTION: ORDINANCE NUMBER: [A. AZHAR; F. MAXWELL-2ND] (12-0) ONE VACANCY ON THE DIAS C14-2023-0139 2 ISSUES: There are no issues at this time. CASE MANAGER COMMENTS: The property in question is 4.95 acres, developed with multiple multifamily residential buildings, has access to Durwood street (level 1), and is currently zoned multifamily residence (highest density)-conditional overlay-neighborhood plan (MF-6-CO-NP). The property has guidance services and single family residences (MF-3-NP and SF-3-NP) to the north, commercial offices, restaurants, and single family residences (GR-CO-NP, LO-CO- NP, and SF-3-NP) to the south, multifamily residences and single family residences (MF-3- NP and SF-3-NP) to the east, offices, retail and commercial mixed use (CS-MU-V-CO-NP and CS-V-CO-NP) to the west. Please refer to Exhibits A (Zoning Map) and B (Aerial View). Staff is recommending the grant multifamily residence (highest density) - neighborhood plan (MF-6-NP) combined district zoning for the second phase of Oak Creek Village. The applicant is looking to remove the conditional overlay (CO) that is on the first phase which restricts the height to 60 feet and limits the unit count to 486 units. The applicant is requesting 90 feet in height, no limit in density, and 80% for impervious cover. The first phase was for new income-restricted affordable housing, which was fulfilled. The second phase of the development is for market rate family housing. Please refer …
ZONING CHANGE REVIEW SHEET DISTRICT: 3 CASE: C14-2023-0131 - (E5ATX Rezone) ADDRESS: 2613 and 2619 East 5th Street ZONING FROM: LR-CO-MU-NP and GR-CO-MU-NP TO: CS-MU-CO-DB90-NP (as amended) SITE AREA: approximately 0.31 acres (approximately 13,591.5 square feet) PROPERTY OWNER: E5ATX LLC AGENT: Thrower Design, LLC (Victoria Haase) CASE MANAGER: Jonathan Tomko (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff recommends granting general commercial services-mixed use-conditional overlay-density bonus 90-neighborhood plan (CS-MU-CO-DB90-NP) combining district zoning. See the basis or recommendation section below for more information. Staff’s recommendation would maintain the Conditional Overlay present that prohibits the following uses: • • • pawn shops • • • kennels • • commercial off-street parking auto washing adult businesses convenience storage campground exterminators PLANNING COMMISSION ACTION / RECOMMENDATION: January 23, 2024: Staff postponement request granted, noticing issue February 13, 2024: Approved applicant’s request and staff’s recommendation of CS-MU-CO-NP on the consent agenda. June 11, 2024: Motion by Commissioner Johnson, seconded by Commissioner Woods to postpone case to July 9, 2024. July 9, 2024: Case is scheduled to be heard by Planning Commission with revised request of CS-MU- CO-DB90-NP. CITY COUNCIL ACTION: July 18, 2024: Case is scheduled to be heard by City Council on first reading only. ORDINANCE NUMBER: N/A ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to C14-2023-0131 2 create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant amended their original application to request the -DB90 combining district. Planning Commission Previous Action January 23, 2024: Staff postponement request granted, noticing issue February 13, 2024: Approved applicant’s request and staff’s recommendation of CS-MU-CO-NP on the consent agenda. City Council Previous Action None CASE MANAGER COMMENTS: The property in question is currently an approximately 1,800 square foot duplex and approximately 600 square foot office, both built in approximately 1970. An approximately 1,500 square foot single family home was built in approximately 1945. To the north is undeveloped land recently rezoned CS-MU-V- CO-NP by case C14-2020-0145 (see area case histories section for more information). To the south are three single family homes, two older and smaller and one newer …
ARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 July 8, 2024 MICHAEL J. WHELLAN (512) 435-2300 MWHELLAN@ABAUSTIN.COM Via email Joi Harden, Chief Zoning Officer City of Austin Planning Department 1000 E. 11th St. Austin, TX 78702 Dear Ms. Harden, Re: Rezoning applications for 3117-3121 E. 12th Street, also known as TCAD Parcels 0209150223, 0209150224, and 0209150207 (the “Property”) Based on City feedback related to the application of the Density Bonus 90 (“DB90”) combining district, the applicant is amending the above-referenced rezoning application to remove the height limitation within the conditional overlay. It is our understanding that the conditional overlays affecting permitted uses and impervious cover may remain. I appreciate your consideration and look forward to answering any questions. Respectfully, Michael J. Whellan {Cover Letter.2}
ZONING CHANGE REVIEW SHEET TO: CS-MU-V-CO-DB90-NP DISTRICT: 1 CASE: C14-2024-0070 – 3117 & 3121 E. 12th Street ADDRESS: 3117 & 3121 East 12th Street ZONING FROM: CS-MU-V-CO-NP SITE AREA: 1.0 acre PROPERTY OWNER: 3121 E. 12th Horizontal Investors, LP (Michael Bernstein) AGENT: Armbrust & Brown (Michael J. Whellan) CASE MANAGER: Marcelle Boudreaux (512-974-8094, marcelle.boudreaux@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant general commercial services – mixed use - vertical mixed use building – conditional overlay - density bonus 90 - neighborhood plan (CS-MU-V-CO-DB90-NP) combining district zoning. The Conditional Overlay would: 1) Prohibit these uses in the CS base district: Adult oriented businesses, Agricultural sales and services, Automotive washing (of any type), Campground, Commercial blood plasma center, Commercial off-street parking, Construction sales and services, Convenience storage, Custom manufacturing, Drop-off recycling collection facility, Equipment repair services, Equipment sales, Laundry services, Limited warehousing and distribution, Maintenance and service facilities, Pawn shop services, Service station, Vehicle storage; 2) Make conditional these uses: Automotive sales, Exterminating services, Guidance services, Hotel-motel, Kennels, Monument retail sales, Outdoor sports and recreation, Residential treatment; 3) Limit Development of the Property to not exceed an impervious coverage of 90 percent. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: June 25, 2024: APPROVED NEIGHBORHOOD POSTPONEMENT REQUEST TO JULY 9, 2024, BY CONSENT. [R. JOHNSTON; F. MAXWELL – 2ND] (7-0) J. MUSHTALER, A. AZHAR, C. HEMPEL, A. HAYNES. G. COX, A. PHILLIPS – ABSENT C14-2024-0070 Page 2 CITY COUNCIL ACTION: July 18, 2024: ORDINANCE NUMBER: ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant submitted this new rezoning application to request the -DB90 combining district. The conditions establishing conditional uses, prohibited uses and limit to impervious cover in the Conditional Overlay for case number C14-2022-0150 are continued to be recommended in this new rezoning, as the applicant requested. The previous condition limiting maximum height to 80 feet is recommended to be removed from the Conditional Overlay. If this condition remains to limit height on the property, it will not apply if the …
ZONING CHANGE REVIEW SHEET CASE: C14-2024-0058 – 4302 S. Congress Avenue ADDRESS: 4302 South Congress Avenue FROM: CS-MU-V-NP SITE AREA: 1.151 acres DISTRICT: 3 TO: CS-MU-V-DB90-NP PROPERTY OWNER: AV GF 4302 SOCO LLC (Shravan Parsi) AGENT: Drenner Group (Leah Bojo) CASE MANAGER: Marcelle Boudreaux (512-974-8094, marcelle.boudreaux@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant general commercial services – mixed use - vertical mixed use building – density bonus 90 - neighborhood plan (CS-MU-V-DB90-NP) combining district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant submitted this new rezoning application to request the -DB90 combining district. CASE MANAGER COMMENTS: The subject undeveloped lot is located on South Congress Avenue, is undeveloped and has had general commercial services – mixed use – vertical mixed use building - neighborhood plan (CS-MU-V-NP) zoning since 2020, and prior to that commercial services – mixed use –neighborhood plan since Council 2 approved the West Congress Neighborhood Plan rezonings in August 2005. There are retail and various commercial services, auto-related uses and apartments along both sides of Congress Avenue in the vicinity (CS-MU-NP; CS-MU-V-NP; CS-MU-CO-NP/MF-6-CO-NP). Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). The applicant is requesting general commercial services –mixed use – vertical mixed use building - density bonus 90-neighborhood plan (CS-MU-V-DB90-NP) combining district for a proposed development that would include multi-family units requiring an affordable component. A building constructed under density bonus 90 (–DB90) standards allows for a mix of residential uses and commercial uses, and the result is typically retail, restaurants and offices on the ground floor, and residential units on upper levels. The overall project would consist of 125 residential units and a mix of uses. A development utilizing the “density bonus 90” incentives is permitted with a base CS district, and must include an affordability component for residential use in order to obtain incentives, including height maximum of 90 feet in the CS district (60 feet base …
ZONING CHANGE REVIEW SHEET DISTRICT: 9 (6,402 sq. ft.) ZONING TO: LO-MU-NP CASE: C14-2024-0060 ZONING FROM: SF-3-NP ADDRESS: 5212 Duval Street SITE AREA: 0.1470 acres PROPERTY OWNER: Dawn Polunsky AGENT: Brooke Pfeiffer CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to grant limited office – mixed use – neighborhood plan (LO-MU-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: N/A CASE MANAGER COMMENTS: The property in question is approximately 0.15 acres, developed with one single family residence, is near the corner of Duval Street (level 2) and E. 53rd Street (level 2), and is currently zoned family residence-neighborhood plan (SF-3-NP) combined district zoning. The property has single family residences (SF-3-NP) to the north, south, east and west. There are also commercial and business offices located to the north, east and west. Please refer to Exhibits A (Zoning Map) and B (Aerial View). Staff is recommending the limited office – mixed use – neighborhood plan (LO-MU-NP) combined district zoning for the medical offices use. This rezoning meets the accessory provisions with the primary use being medical office. While the use of a restaurant is not C14-2023-0060 2 permitted in the LO district, the certificate of occupancy will be for the medical office. Migration by Bluebird supports vocational training for adults with autism spectrum disorder and will help transition their clients to jobs with local businesses. The site is located within the North Loop Neighborhood plan and has letters of support from surrounding neighbors and neighborhood contact team. The property meets ten (10) of the Imagine Austin Decision Guidelines. East 53rd Street is an Imagine Austin Corridor and has an existing bus route/stop adjacent to it. The Imagine Highland Mall Station Center is less than 600 feet going east on E. 53rd Street. Migration by Bluebird supports vocational training for adults with autism spectrum disorder and will help transition their clients to jobs with local businesses. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The limited office district is intended for offices predominately serving neighborhood or community needs, which may be located within or adjacent to residential neighborhoods. The mixed use combining district is intended for combination with selected base districts, in order to permit any combination of office, retail, commercial, and residential uses within a single development. The …
ZONING CHANGE REVIEW SHEET DISTRICT: 4 TO: SF-3-NP CASE: C14-2024-0064 ADDRESS: 602 GAYLOR ST ZONING FROM: SF-6-NP SITE AREA: 0.29 acres PROPERTY OWNER: Certiestates LLC AGENT: Austin Civil Engineering, inc. (Calvin Weiman) CASE MANAGER: Tiffany Magnavice (512-978-0722, tiffany.magnavice@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant family residence – neighborhood plan (SF-3-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: ORDINANCE NUMBER: ISSUES: No issues at this time. CASE MANAGER COMMENTS: The subject rezoning area is undeveloped and approximately 0.29 acres. It is situated at the northwest corner of Gaylor Street (Level 1/Local) and Guadalupe Street (Level 2/Local). To the north are two core transit corridors; North Lamar Boulevard and Airport Boulevard. Development on Gaylor Street and Guadalupe Street is generally characterized by low density multifamily residences, single family, townhouse and condominium residences, mixed use neighborhood offices (MF-2-NP; SF-3-NP; SF-6-NP; NO-MU-NP). There is also transit oriented development along the Capital Metro Rail Redline with uses such as auto services, retail, and commercial services (TOD-NP). Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). The applicant is proposing to rezone the property to the family residence – neighborhood plan (SF-3-NP) combined district zoning for a residential development that will include three (3) dwelling units equaling approximately 3,903 square feet in total. C14-2024-0064 Page 2 Staff is recommending the family residence-neighborhood plan (SF-3-NP) combined district zoning. This property meets the intent of the district and would increase overall housing in this area of the City, as well as support the addition of missing-middle housing units. The required lot size is 14,000 square feet per 25-2-776 B to build three residences. Since this lot is 12,632 square feet, additional property would be needed to meet this requirement. Subsection D 2 also prohibits condos on local streets and Gaylor is designated as a Level 1 street. The new H.O.M.E amendments allow three unit residential on SF1, SF-2 and SF-3 zonings. Three-unit residential use is not a permitted use in the existing zoning, townhome and condominium residence-neighborhood plan (SF-6-NP). BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. Zoning changes should promote an orderly relationship among land uses. The family residence (SF-3) district is the designation for a moderate density single-family residential use and a duplex use on a lot that is a minimum of 5,750 square feet. An SF-3 district designation …
ZONING CHANGE REVIEW SHEET DISTRICT: 4 TO: SF-3-NP CASE: C14-2024-0065 ADDRESS: 606 GAYLOR ST ZONING FROM: SF-6-NP SITE AREA: 0.25 acres PROPERTY OWNER: Certiestates LLC AGENT: Austin Civil Engineering, inc. (Calvin Weiman) CASE MANAGER: Tiffany Magnavice (512-978-0722, tiffany.magnavice@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant family residence – neighborhood plan (SF-3-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: ORDINANCE NUMBER: ISSUES: No issues at this time. CASE MANAGER COMMENTS: The subject rezoning area is undeveloped and approximately 0.25 acres. It is situated at the northwest corner of Gaylor Street (Level 1/Local) and Guadalupe Street (Level 2/Local). To the north are two core transit corridors; North Lamar Boulevard and Airport Boulevard. Development on Gaylor Street and Guadalupe Street is generally characterized by low density multifamily residences, single family, townhouse and condominium residences, mixed use neighborhood offices (MF-2-NP; SF-3-NP; SF-6-NP; NO-MU-NP). There is also transit oriented development along the Capital Metro Rail Redline with uses such as auto services, retail, and commercial services (TOD-NP). Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). The applicant is proposing to rezone the property to the family residence – neighborhood plan (SF-3-NP) combined district zoning for a residential development that will include three (3) dwelling units equaling approximately 3,490 square feet in total. C14-2024-0065 Page 2 Staff is recommending the family residence-neighborhood plan (SF-3-NP) combined district zoning. This property meets the intent of the district and would increase overall housing in this area of the City, as well as support the addition of missing-middle housing units. The required lot size is 14,000 square feet per 25-2-776 B to build three residences. Since this lot is 11,057 square feet, additional property would be needed to meet this requirement. Subsection D 2 also prohibits condos on local streets and Gaylor is designated as a Level 1 street. The new H.O.M.E amendments allow three unit residential on SF1, SF-2 and SF-3 zonings. Three-unit residential use is not a permitted use in the existing zoning, townhome and condominium residence-neighborhood plan (SF-6-NP). BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. Zoning changes should promote an orderly relationship among land uses. The family residence (SF-3) district is the designation for a moderate density single-family residential use and a duplex use on a lot that is a minimum of 5,750 square feet. An SF-3 district designation …
ZONING CHANGE REVIEW SHEET DISTRICT: 2 TO: GR-MU-V-DB90-NP CASE: C14-2024-0085 – Turtle Creek Multifamily ADDRESS: 714 Turtle Creek Boulevard ZONING FROM: GR-MU-V-NP SITE AREA: 5.26 acres PROPERTY OWNER/APPLICANT: 714 Turtle Creek LP (Case Lowry) CASE MANAGER: Marcelle Boudreaux (512-974-8094, marcelle.boudreaux@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant community commercial– mixed use - vertical mixed use building - density bonus 90 - neighborhood plan (GR-MU-V-DB90-NP) combining district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: CITY COUNCIL ACTION: August 29, 2024: ORDINANCE NUMBER: ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant submitted this new rezoning application to request the -DB90 combining district. Case number C14-2024-0085 Page 2 Planning Commission Previous Action: October 10, 2023: Approved GR-MU-V-NP combining district zoning as staff recommended, by consent. [A. AZHAR; F. MAXWELL – 2ND] (11-0) J. MUSHTALER, C. ACOSTA – ABSENT September 26, 2023: Approved a Postponement Request by staff to October 10, 2023 [A. AZHAR; F. MAXWELL – 2ND] (10-0) C. HEMPEL, P. HOWARD, J. MUSHTALER – ABSENT City Council Previous Action November 9, 2023: Approved GR-MU-V-NP combining district zoning as Planning Commission recommended, by consent. VOTE: 10-0. Council Member Harper-Madison was absent. Prior Rezoning Case C14-2023-0042 Ordinance No. 20231109-042, approved November 9, 2023 CASE MANAGER COMMENTS: The property in question is 5.36 acres and is currently developed with multifamily units on one tract of land. The property is at northwest corner of South 1st Street and Turtle Creek Boulevard, and exhibits frontage primarily along South 1st Street, located within the South Austin Combined Neighborhood Plan area (Garrison Park). There is a Capital Metro bus stop less than 1/4 of a mile from the property on South 1st Street. Demolition is proposed at the earliest in 2025, however, the applicant notes the details of number of units is unknown at this time. To the north there are Single family residential and Religious facility uses (SF-6- CO), and to the west are Single family residences (SF-3-NP). To the east across South 1st Street …
Planning Commission: July 9, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NEIGHORHOOD PLAN: Holly CASE#: NPA-2023-0010.02 PROJECT NAME: East 2nd Street – 2300 Block PC DATE: DATE FILED: July 31, 2023 July 9, 2024 June 11, 2024 May 28, 2024 April 9, 2024 March 12, 2024 January 23, 2024 December 12, 2023 ADDRESS/ES: 109, 111, 113 Mildred Street and 2305, 2307 E. 2nd Street (Unit A), 2307 E. 2nd Street (Unit B), 2311 E. 2nd Street DISTRICT AREA: 3 SITE AREA: 0.7716 OWNER/APPLICANT: Patrica Ann Pope; LaFayette 2109, LLC; and Isdale Investments, LLC; and Emily Kolb Isdale AGENT: Armbrust & Brown, PLLC (Michael J. Whellan) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation From: Single Family Base District Zoning Change To: Mixed Use PHONE: (512) 974-2695 Related Zoning Case: C14-2023-0010.02 From: SF-3-NP, CS-CO-MU-NP, LO-NP, LO-CO-MU-NP To: CS-V-MU-DB90-NP NEIGHBORHOOD PLAN ADOPTION DATE: December 13, 2001 Planning Commission: July 9, 2024 ACTION: CITY COUNCIL DATE: TBD PLANNING COMMISSION RECOMMENDATION: July 9, 2024 – (action pending) June 11, 2024 – Postponed to July 9, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 10-0 [J. Mushtaler off the dais. G. Cox and N. Barrera- Ramirez absent]. May 28, 2024 – Postponed to June 11, 2024 on the consent agenda at the request of Staff. [F. Maxwell – 1st; A. Woods – 2nd] Vote: 10-0 [G. Cox off the dais. P. Howard and A. Phillips absent]. April 9, 2024 – Postponed to May 28, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 12-0 [A. Phillips off the dais]. March 12, 2024- Postponed to April 9, 2024 on the consent agenda at the request of Staff. [A. Woods – 1st; F. Maxwell – 2nd] Vote: 11-0 [C. Hempel and J. Mushtaler absent]. January 23, 2024 – Postponed to March 12, 2024 on the consent agenda at the request of the Applicant. [G. Anderson – 1st; F. Maxwell – 2nd] Vote: 11-0 [J. P. Connolly and A. Woods absent]. December 12, 2023 – Postponed to January 23, 2024 on the consent agenda at the request of the Applicant. [F. Maxwell – 1st; A. Azhar – 2nd] Vote: 11-0 [N. Barrera-Ramirez and P Howard absent]. STAFF RECOMMENDATION: To support the applicant’s request for Mixed Use land use. BASIS FOR …
GOVALLE/JOHNSTON TERRACE NEIGHBORHOOD PLAN CONTACT TEAM “Strength Through Unity” To: Austin City Council and Planning Commission From: Govalle/Johnston Terrace Neighborhood Plan Contact Team Re: Austin Independent School District 4900 Gonzales St., Austin, TX 78702 Proposed zoning change from Civic to Mixed Use land use; P-NP to CS-MU-V-CO-DB90-NP Dear Council and Planning Commissioners, Please accept this letter on behalf of the Govalle/Johnston Terrace Neighborhood Plan Contact Team as an expression of: Opposition for the proposed zoning change of the Anita Coy Campus site located at 4900 Gonzales St., Austin, Tx 78702, from Civic to Mixed Use land use; P-NP to CS-MU-V-CO-DB90-NP. Please feel free to contact me with any questions or comments you might have regarding this case. Thank you, Candace Fox, Chair Govalle/Johnston Terrace Neighborhood Plan Contact Team c13fox@gmail.com 512-203-5208
GOVALLE/JOHNSTON TERRACE NEIGHBORHOOD PLAN CONTACT TEAM “Strength Through Unity” To: Austin City Council and Planning Commission From: Govalle/Johnston Terrace Neighborhood Plan Contact Team Re: Drenner Group 5200 East 5th Street, Austin, TX 78702 Proposed zoning change from Commercial to Mixed Use land use; CS-CO-NP to CS-MU-V-CO-DB90-NP Dear Council and Planning Commissioners, Please accept this letter on behalf of the Govalle/Johnston Terrace Neighborhood Plan Contact Team as an expression of: Opposition for the proposed zoning change of 5200 East 5th Street, Austin, TX 78702, from Commercial to Mixed Use land use; CS-CO-NP to CS-MU-V-CO-DB90-NP. Please feel free to contact me with any questions or comments you might have regarding this case. Thank you, Candace Fox, Chair Govalle/Johnston Terrace Neighborhood Plan Contact Team c13fox@ 512-203-5208
ZONING CHANGE REVIEW SHEET DISTRICT: 3 TO: CS-DB90-NP CASE: C14-2024-0015 ZONING FROM: SF-3-NP & GR-NP ADDRESS: 6202, 6204 Caddie Street; 6205, 6211, 6215 Fairway Street; 1600, 1604, 1606, 1608, 1610, 1612, and 1614 Montopolis Drive SITE AREA: 1.92 acres (83,905 sq. ft.) PROPERTY OWNER: 3rd Angle Developments LLC & 1614 Montopolis LLC (Ben S. Cobos) AGENT: Thrower Design, LLC (Ron Thrower & Victoria Haase) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The Staff recommendation is to grant community commercial – density bonus 90 - neighborhood plan (GR-DB90-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant submitted this new rezoning application to request the -DB90 combining district. C14-2024-0015 Page 2 CASE MANAGER COMMENTS: The property in question is 1.92 acres, undeveloped, has frontage on Montopolis Drive (level 3), Caddies Street (level 1) and Fairway Street (level 1). The site has two zonings associated with it, community commercial-neighborhood plan (GR-NP) and family residences- neighborhood plan (SF_3-NP). The property has townhomes, Austin Youth Development Building and a Dollar Tree (MF-2-NP, P-NP, GR-NP) to the north. There are also business commercial buildings and single family residential (SF-3-NP, GR-NP). To the east are multifamily residential and undeveloped land (ERC). There closest bus stop is on the corner of Caddie Street and Montopolis Drive, right on the property. The site is mostly in the Riverside Station Imagine Austin Corridor, making this an ideal location to add housing. Please refer to Exhibits A (Zoning Map) and B (Aerial View). The applicant is requesting general commercial-density bonus 90-neighborhood plan (CS-DB90-NP) combining district for a proposed development that would include multi- family units requiring an affordable component. A building constructed under density bonus 90 (DB90) standards allows for a mix of residential uses and commercial uses, and the result is typically retail, restaurants and offices on the ground floor, and residential units on upper levels. The overall project would consist of approximately …
Steering Committee Members: Christopher Hurst AIA, Chair Paula Hern, Meghan Yancy, Claudette Kazzoun, Rob Kish, Steve Amos, Germaine Curry, Margaret Sullivan, William Osborn, David Schofman, Shawn Shillington, Erika Tatum OWANA OLD WEST AUSTIN NEIGHBORHOOD ASSOCIATION P.O. Box 2724 Austin, TX 78768-2724 July 9, 2024 RE: C14-2024-0007- 1209 W 5th Street - Agenda Item 12 Dear Chair Hempel and Planning Commissioners, The Old West Austin Neighborhood Association, OWANA opposes the 1209 W 5th Street rezoning application from LI-CO-NP to LI-PDA-NP. At this point, representatives for the Owner of 1209 W 5th Street have been unable to reach a full agreement with OWANA regarding the site and building standards as well as other conditions of the Planned Development Area (PDA) agreement. The proposed LI-PDA for 1209 W 5th Street is asking for an enormous entitlement and agreeing to very little in the way of community benefits and project design. When the proposed rezoning was first presented to the OWANA Zoning Committee in February, there was no plan or proposal for conditions of the PDA. The reason given was there is no architect or developer on board for this rezoning. Our response was we are unable to agree to a PDA without a plan. No plan…no agreement. At the following presentation in March, a concept sketch was presented to the Zoning Committee (see attached presentation). After reviewing the concept plan and elevations, the committee was concerned that the plan was squeezing too much on the .45 acre lot. OWANA has three other agreements with nearby developments based on PDA zoning that are all greater than twice the lot size of the 1209 W 5th Street proposal. Only one of these PDA’s will allow height up to 120 feet. The 410 Pressler 120 foot PDA offers many community benefits (see attached) that the 1209 W. 5th Street proposal is unable to match due to the small lot size. Based on the small lot size and a lack of an affordable housing component enforceable by the City, OWANA can agree to a PDA of 75 feet, with other conditions, as 75 feet is the height of the closest PDA’s. The idea behind incentivizing extra height is to gain more housing density that contributes to affordability. It has been stated in the emails from the agent for the property, that the proposed multi-family development is not certain, and it will create a conflict with the existing …
ARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 July 8, 2024 MICHAEL J. WHELLAN (512) 435-2300 MWHELLAN@ABAUSTIN.COM Via email Joi Harden, Chief Zoning Officer City of Austin Planning Department 1000 E. 11th St. Austin, TX 78702 Dear Ms. Harden, Re: Rezoning applications for 3117-3121 E. 12th Street, also known as TCAD Parcels 0209150223, 0209150224, and 0209150207 (the “Property”) Based on City feedback related to the application of the Density Bonus 90 (“DB90”) combining district, the applicant is amending the above-referenced rezoning application to remove the height limitation within the conditional overlay. It is our understanding that the conditional overlays affecting permitted uses and impervious cover may remain. I appreciate your consideration and look forward to answering any questions. Respectfully, Michael J. Whellan {Cover Letter.2}
ZONING CHANGE REVIEW SHEET DISTRICT: 3 CASE: C14-2023-0135 – 1500 & 1600 Royal Crest ZONING FROM: East Riverside Corridor (ERC-Urban Residential Subdistrict) ZONING TO: East Riverside Corridor (ERC-Corridor Mixed Use Subdistrict), and to amend Figure 1-8 (East Riverside Corridor Development Bonus Height Map), to increase the maximum building height up to 160 feet through participation in a density bonus program ADDRESS: 1500 and 1600 Royal Crest Drive SITE AREA: 10.06 acres OWNER / APPLICANT: 1500 Royal Crest LP (Anthony Clarke) AGENT: Drenner Group, PC (Amanda Swor) CASE MANAGER: Nancy Estrada (512-974-7617, nancy.estrada@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant East Riverside Corridor – Corridor Mixed Use Subdistrict (ERC-CMU) district zoning, and to amend Figure 1-8 (East Riverside Corridor Development Bonus Height Map), to increase the maximum building height up to 160 feet through participation in a density bonus program. For a summary of the basis of Staff’s recommendation, please see case manager comments on pages 2 - 3. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: June 11, 2024: APPROVED A POSTPONEMENT REQUEST BY THE NEIGHBORHOOD TO JULY 9, 2024 [A. AZHAR; A. WOODS – 2nd] (10-0) J. Mushtaler, – OFF THE DIAS; N. BARRERA-RAMIREZ, G. COX – ABSENT CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: The developer will comply with the Tenant Notification and Relocation Assistance requirements in the City of Austin Land Development Code. [LDC 25-1-712]. C14-2023-0135 Page 2 The applicant held a meeting with the current tenants on May 13, 2024 and provided the following information as proposed Tenant Protection items: • No termination of leases without good cause. • Rental rate + mandatory fees increase by no more than 7.5% per year for a period of 5 years. • 365-day notice of redevelopment provided to tenants. • 180-day notice of demolition. • 90-day move-out notice. • On-site services to help tenants find new housing or other qualified programs. • Ability for tenant to break lease without repercussion once 180-day notice of demolition is • Moving allowance of $3,000 flat payment. • Last three (3) months of rent waived for tenants still in units. • Full refund of security & pet deposits once demo permit is filed. • No unit entry without 48-hour advance notice. • No prevention of activities associated with tenant’s organization. • Right to return - first chance at new units; both affordable (if qualifications are met) and filed. market rate. The items listed …
Sue Gall 1109 East 10th Street Austin, TX 78702 June 17, 2024 Planning Department Director Lauren Middleton-Pratt City of Austin Planning Department P.O. Box 1088 Austin, TX 78767 SENT VIA MAIL SENT VIA EMAIL TO: preservation@austintexas.gov CC: kalan.contreras@austintexas.gov, lauren.middleton-pratt@austintexas.gov RE Appeal of Case Number HR 24-047998 – 1107 E 10TH ST Dear Ms. Middleton-Pratt, This letter is my request to appeal the Certificate of Appropriateness in case HR 24- 047998, approved by the Historic Landmark Commission on June 5, 2024. Below are the requirements specified by Land Development Code Article 7, viewable at https://library.municode.com/tx/austin/codes/land_development_code?nodeId=TIT25 LADE_CH25-1GEREPR_ART7APVASPEXAD_DIV1AP_S25-1-183INRENOAP (1) the name, address, and telephone number of the appellant: (2) the name of the applicant, if the appellant is not the applicant: Sue Gall 1109 E 10th St Austin, TX 78702 512-897-6534 Matthew Jordan (3) the decision being appealed: (4) the date of the decision: June 5, 2024 (5) a description of the appellant's status as an interested party: 1 Certificate of Appropriateness in case HR 24-047998 – 1107 E 10TH ST • • • • I delivered a written statement (attached) to the Historic Landmark Commission before its June 5, 2024 public hearing, and I appeared and spoke for the record at the June 5, 2024 public hearing, and I occupy the primary residence at 1109 E 10TH ST, directly next to and within 500 feet of the subject property, and I am the record owner of 1109 E 10TH ST, directly next to and within 500 feet of the subject property (6) the reasons the appellant believes the decision does not comply with the requirements of this title: • The decision does not comply with the requirements of Land Development Code section 25-11-243(D), viewable at https://library.municode.com/tx/austin/codes/land_development_code?nodeId= TIT25LADE_CH25- 11BUDEREPESPREHIST_ART4SPREHIST_DIV2APCE_S25-11-243ACCEAP . • Section 25-11-243(D) states: (D) For properties subject to Section 25-11-212 (Certificate Required), the historic preservation officer and the commission shall consider the United States Secretary of the Interior's Standards for Rehabilitation, 36 Code of Federal Regulations Section 67.7(b), and: (1) except as provided in Subsection (D)(2), the historic design standards and the supplemental standards, if any; or (2) for a property located within an area designated as historic area (HD) combining district prior to the effective date of this ordinance, the design standards applicable to that district. (emphasis added) • The Historic Landmark Commission’s decision did not properly apply the design standards of our historic district. The Robertson/Stuart & Mair Historic District …
HISTORIC LANDMARK COMMISSION APPROVAL OF A CERTIFICATE OF APPROPRIATENESS APPEAL TO PLANNING COMMISSION: CASE NUMBER: HR-2024-047998 HISTORIC LANDMARK COMMISSION: June 5, 2024 PLANNING COMMISSION: July 9, 2024 DISTRICT: 1 ADDRESS: 1107 East 10th Street, Robertson/Stuart & Mair Historic District ZONING: SF-3-HD-NP APPELLANTS: Sue Gall; Mark and Tristana Rogers PROPERTY OWNER/APPLICANT: Matthew Jordan PROJECT BACKGROUND: The subject property is within the Robertson/Stuart & Mair Historic District. The primary building is a contributing one- story house. The applicant proposes to update a design for an accessory dwelling unit behind the main house to allow the maximum number of units permitted by the HOME amendment, which was codified after the ADU project's first iteration received approval from the Historic Landmark Commission in 2023. The amended design includes more interior space than the previously approved design, as well as fenestration and roofline changes. No changes were made to the proposed accessory dwelling unit’s previously approved roof height or location. The proposed new building is three stories in height and is oriented with the entrance and garage toward the rear alleyway. It is clad in horizontal fiber cement siding and has a compound gabled and shed roofline. Fenestration includes fixed undivided windows, divided casement windows, and divided sash windows arranged in an irregular pattern. APPEAL REQUEST: The appellants, Sue Gall and Mark and Tristana Rogers, have filed an appeal of the HLC’s June 5, 2024 approval of a certificate of appropriateness to construct the accessory dwelling unit and request denial of this project. Ms. Gall submitted a written objection prior to the hearing, and also spoke at the hearing; the Rogers family submitted a written objection prior to the hearing. Thus, both appellants appear to have standing to appeal under the Code. The appeals process for certificates of appropriateness is described in Land Development Code §25-11-247: the HLC’s decision may be appealed to the Land Use Commission, and the Land Use Commission’s decision may in turn be appealed to the City Council. The appellants state that the HLC did not properly apply the design standards of the Robertson/Stuart & Mair Historic District, in violation of Land Development Code §25-11-243: § 25-11-243 - ACTION ON A CERTIFICATE OF APPROPRIATENESS. A) This section applies to an application under Section 25-11-212 (Certificate Required). B) If the commission determines that the proposed work will not adversely affect a significant architectural or historical feature of the designated historic landmark or …
1107 E 10th Street ADU Design Review Architecture Review Committee Meeting Wednesday May 15, 2024 East 10th Steet 45-foot electrical pole 35-foot electrical pole 45-foot electrical pole 35.5-foot electrical pole 45-foot electrical pole 35-foot structure 35-foot electrical pole 10th Street Streetview ADUs - Robertson Stuart District 1004 E 9th Street 1105 E 9th Street 1104 E 8th Street 1105 E 9th Street 1104 E 8th Street Robertson Stuart District – Recent Construction East North
From: To: Cc: Subject: Date: Attachments: Sue Gall Contreras, Kalan Corona, Nicole; Rivera, Andrew Case Number HR-2024-047998; PR 2024-043549 - Comments for Planning Commission public hearing July 9, 2024 Wednesday, July 3, 2024 3:52:01 PM HR-2024-047998 Gall Appeal Comments.pdf External Email - Exercise Caution Attached are my comments objecting to the proposed ADU in case HR-2024-047998, which is scheduled to be discussed at the July 9 Planning Commission public hearing. I'm also pasting them below for convenience. Will you please sign me up to speak at the July 9 public hearing? Thank you all for your time and help. Kalan, Nicole and Andrew, Sue Gall 1109 East 10th Street ------------------- Sue Gall 1109 E 10th Street Austin, TX 78702 July 3, 2024 City of Austin Planning Department ATTN: Kalan Contreras P.O. Box 1088 Austin, TX 78767 SENT VIA EMAIL TO: kalan.contreras@austintexas.gov CC: Nicole.corona@austintexas.gov; Andrew.rivera@austintexas.gov RE Case Number HR-2024-047998; PR 2024-043549 – 1107 E 10TH ST Dear Ms. Contreras, Planning Commission Public Hearing: July 9, 2024 Case Number: HR-2024-047998; PR 2024-043549 – 1107 E 10TH ST Contact: Kalan Contreras, 512-974-2727 I strongly object to this proposed Accessory Dwelling Unit (ADU), which is scheduled to be discussed at the next Planning Commission meeting: This property is within the Robertson/Stuart & Mair Historic District, one of eight local historic districts recognized by the city. Historic district designation involves adding an HD to the base zoning and requires the support of a majority of property owners or land area owners, as well as high architectural integrity. The city’s own website states that historic districts “offer the strongest protection and greatest benefit for Austin’s older neighborhoods”. (1) Our neighborhood spent years and tens of thousands of dollars to achieve Historic District designation in 2019. A majority of both property owners and land area owners in the neighborhood supported it. The Planning Commission at the time unanimously recommended it for approval to City Council. The HD zoning overlay allows the Historic Landmark Commission to approve a Certificate of Appropriateness for only those proposals which comply with the District Design Standards contained in the District Preservation Plan.(2) At the June 5, 2024 Historic Landmark Commission hearing, it was clear that neither the applicant nor the Commission correctly applied our District Design Standards. The Robertson/Stuart & Mair District Design Standards, viewable on the city’s website,(3) are clear that new construction must be “compatible with the design patterns of …
HISTORIC LANDMARK COMMISSION APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS JUNE 5, 2024 HR-2024-047998 ROBERTSON/STUART & MAIR HISTORIC DISTRICT 1107 EAST 10TH STREET X – 1 PROPOSAL Construct an accessory dwelling unit. PROJECT SPECIFICATIONS The proposed ADU is three stories in height. It has compound gabled and shed roofs, and is oriented with the entrance and garage toward the rear alleyway. It is clad in horizontal fiber cement siding and has a metal roof, fixed undivided windows, and divided casement/sash windows arranged in an irregular pattern. DESIGN STANDARDS The Robertson/Stuart & Mair Design Standards are used to evaluate projects within the historic district. The following standards apply to the proposed project: 1.4. New Construction New construction shall have the same street-front orientation and distance from adjacent buildings as the contributing buildings in the same block. The proposed ADU is oriented toward the alley and does not affect the primary street. Design new buildings so that they are compatible with and differentiated from historic buildings in the district. The proposed ADU appears appropriately differentiated. Design adjustments have been made to enhance compatibility. New construction should have floor-to-floor heights and roof heights that are the same or similar to those on contributing buildings throughout the district. The proposed ADU’s floor-to-floor heights appear consistent with the main house. The roof height is taller; however, the site topography appears to reduce its visibility from the street. Select materials for new construction that are the same as or similar to those found on contributing buildings existing in the district. The applicant has amended the design to enhance material compatibility. Summary The project meets most of the applicable standards. The applicant has amended the design in response to Committee feedback. PROPERTY EVALUATION The property contributes to the Robertson/Stuart & Mair Historic District. COMMITTEE FEEDBACK Simplify rooflines at secondary elevation if possible. STAFF RECOMMENDATION Concur with Committee feedback. Approve the application. LOCATION MAP X – 2
1107 E 10th Street Design Review Planning Commission Meeting Tuesday July 9, 2024 East 10th Steet 45-foot electrical pole 35-foot electrical pole 45-foot electrical pole 35.5-foot electrical pole 45-foot electrical pole 35-foot structure 35-foot electrical pole 10th Street Streetview ADUs - Robertson Stuart District 1004 E 9th Street 1105 E 9th Street 1104 E 8th Street 1105 E 9th Street 1104 E 8th Street Robertson Stuart District – Recent Construction East North 3 Story Properties within Robertson Stuart 13 Properties Total = 3 Story Properties 45 Foot Electrical Pole Contributing Structure Located adjacent to subject property 35’ 1004 E 9th St, Unit A 3 Stories Built 2016 1004 E 9th St, Unit B 3 Stories 1004 E 9th St, Unit A 1004 E 9th St, Unit B 1013 E 9th St Contributing Structure 30’ 1110 E 8th St 3 Stories Built 2016 1110 E 8th St 3 Stories 39’ 800, 802, 804, 806, 808 E Lydia St 3 Stories Built 2018 800, 802, 804, 806, 808 Lydia St 3 Stories Built 2018 705 Lydia St 3 Stories Built 2017 1105 E 9th St 3 Stories Built 2018 1104 E 8th St 3 Stories Built 2014
From: To: Cc: Subject: Date: e Contreras, Kalan; Corona, Nicole; Rivera, Andrew "Mark Rogers"; "Bri Miriani"; "Mark Biechler"; "Jerry Garcia"; Emily Little; "David West"; 1107 E. 10th Street - AGAINST Thursday, July 4, 2024 9:40:43 AM External Email - Exercise Caution Greetings Kalan – I strongly oppose the proposed development at 1107 East 10th Street in the Robertson, Stuart & Mair Historic District. Planning Commission Public Hearing: July 9, 2024 Case Number: HR-2024-047998; PR 2024-043549 – 1107 E 10TH ST This proposed development flies in the face of Local Historic District Design Guidelines and if approved, will set such a precedent that the “Local Historic District” concept will rapidly lose its integrity. This will open the door for similar inappropriate projects. Precedent must not be set at this important time, right after the HOME Code Amendments have just been adopted. This case will determine how HOME relates to Historic Districts in the future. It is a test case for our neighborhood and there will be many more to follow in every other historic district. Please protect the founding principles and Historic District Design Guidelines first, followed by new allowances for increased density allowed in HOME. We are in favor of increased density, but not at the expense of our protected “Local Historic District.” Developers and designers must increase density in forms that are historically compatible to the context. We must rely on the Historic Landmark Commission and the Historic Preservation Office to uphold the governing Local Historic Guidelines. HOME does not, and must not, supersede Historic Guidelines. The proposed project at 1107 East 10th does not comply in terms of scale, massing, height and is no way compatible with the design patterns of the Robinson, Stuart & Mair Historic District. Please register my strong opposition and sign me up to speak at the July 9 hearing. Thank you very much, --- together in the love of history, Emily Emily Little ARCHITECT FAIA 1001 East 8th St. Austin TX 78702 512-470-8058 CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT at "cybersecurity@austintexas.gov". From: To: Subject: Date: Dominic Welhouse Contreras, Kalan 1107 East 10th Street Saturday, July 6, 2024 2:31:51 PM You don't often get email from …
Density Bonus 90 (DB90) Azhar Amendment Amendment: Make the following edit in § 25-2-652 Density Bonus 90 (DB90) Combining District Regulations (H) in the DB90 ordinance “(H) To preserve reserved dwelling units, an applicant must comply with Division 1 (General Provisions), Article 2 (Density Bonus and Incentive Programs) of Chapter 4-18 and, when applicable, Section 4-18-32 (Existing Multi-Family Structures) subsection (A)(2) to (A)(5) before applying for a building permit or site plan that relies on the regulations described in Subsections (F) and (G).” and ensure that this requirement applies to applications submitted after a certain date. Applicable sections as background information only (language not included in amendment): Applicable Adopted Chapter 4-18 Language - Adopted ordinance, adopted amendments to ordinance “§ 4-18-32 EXISTING MULTI-FAMILY STRUCTURE. (A) For redevelopment with an existing multi-family structure, an applicant must: (2) provide current tenants with: (a) notice and information about the proposed development on a form approved by the Housing director; (b) relocation benefits that: (i) equal four months of rent and fees; and (ii) a fixed payment for moving expense that is consistent with Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, et seq.; and (3) grant current tenants the option to lease for a minimum of 12 months a unit of comparable number of bedrooms, and size following completion of redevelopment; and (4) allow a current tenant to terminate a lease without a penalty; and (5) return security deposits to current tenants.”
Affordability Impact Statement DB90 Revision Initiated by: Resolution No. 20240201-026 Case number: C20-2024-011 Date: 6/24/2024 Proposed Regulation The proposed amendment would do the following: - Amends the commercial ground floor requirement to match VMU standards, requiring 75% of the ground-floor along the principal street to be dedicated to commercial uses, rather than 75% of the entire building's ground floor. - Expands the permitted commercial uses from VMU for office base zoning to DB-90, allowing Consumer Convenience Services, Food Sales, General Retail Sales (convenience or general), and Restaurants (limited or general) without drive-in service. This amendment enables office districts to include a broader range of commercial uses. - Aligns screening requirements with amendments to citywide compatibility policy made by Council upon adoption of Ordinance 20240516-002 on May 16, 2024. - Clarifies that §25-2-652(B), which overrides conflicting provisions unless they are less restrictive, refers to site development regulations only. Land Use/Zoning Impacts on Housing Costs The proposed changes would have a neutral impact on housing costs via land use and zoning. The proposed changes clarify regulations to align DB90 with existing citywide standards and density bonus programs. Impact on Development Cost The proposed changes would have a neutral impact on development costs. The proposed changes clarify regulations to align DB90 with existing citywide standards and density bonus programs. Impact on Affordable Housing The proposed changes would have a positive impact on affordable housing. Requiring ground floor commercial uses only along the principal street, rather than the entire building’s ground floor, matches VMU standards. This change is intended to increase participation in the DB90 density bonus program, as it can be difficult to lease up ground floor commercial, especially when the commercial use is not facing onto the principal street. Increased participation in this program will eventually lead to a rise in the number of affordable housing units citywide. City Policies Implemented Other Housing Policy Considerations None. Manager’s Signature __________ ____________________
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 27 28 29 30 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE SECTION 25-2-652 RELATED TO REGULATIONS THAT APPLY TO DENSITY BONUS 90 (DB90) COMBINING DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. Section 25-2-652 (Density Bonus 90 (DB90) Combining District) is amended to amend Subsections (B), (C), (F), and (G) and to delete Subsection (H) to read: (B) This section governs over a conflicting provision of this title or other ordinance [unless the conflicting provision is less restrictive]. (C) Pre-Requisites. (1) To utilize the regulations described in Subsections (F) and (G), the site’s zoning must include DB90 and an applicant must comply with Subsection (E). (2) To preserve reserved dwelling units, an applicant must comply with Division 1 (General Provisions), Article 2 (Density Bonus and Incentive Programs) of Chapter 4-18 before applying for a building permit or site plan that relies on the regulations described in Subsections (F) and (G). (F) Development Standards and Mixed Use. (1) In a DB90 combining district, the following uses are permitted: (a) (b) (c) uses that are permitted in the base zoning district unless the use is restricted by a conditional overlay that applies to the property; [and] residential uses; and in general office (GO) and limited office (LO) base zoning districts, the following additional uses are allowed: (i) consumer convenience services; (ii) food sales; (iii) general retail sales (convenience or general); and (iv) restaurant (limited or general) without drive-in service. (2) A development must comply with Article 2 (Site Development Standards) and Article 3 (Building Design Standards) in Subchapter E (Design 7/3/2024 12:06 PM Amendments to DB90 Combining District Page 1 of 5 COA Law Department 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Standards and Mixed Use) of this chapter except when those provisions conflict with this section. (3) Mix of Uses. (a) (b) In this subdivision, PRINCIPAL STREET has the same meaning as principal street in and is applied consistent with Article 5 (Definitions) of Subchapter E (Design Standards and Mixed Use). Pedestrian-Oriented Commercial and Civic Spaces. At least [When a site abuts a …
C20-2024-011: DB90 Revisions Paul Ray Books, Senior Planner 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 • Requirements for ownership units may be satisfied by a fee-in-lieu of on-site units setback 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 – 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 Mix of Uses – Requirements for pedestrian-oriented commercial uses – Floors beyond the second must be residential Subchapter E Design Standards – Streetscape, building placement, and design standards 3 DB90 Combining District Example Zoning String: CS-MU-CO-DB90-NP Eligible Districts: Base Zoning Districts Base Zones Description CS (CS-1) Commercial Services Base Max Height 60ft Max Height with Bonus 90ft Impervious Cover 95% GR LO LR GO Community Commercial Limited Office Neighborhood Commercial General Office 60ft 40ft 40ft 60ft 90ft 70ft 70ft 90ft 90% 70% 80% 80% 4 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 – Housing Certification – – Prior to site plan submittal, an applicant is required …
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 frontage along the principal street to be designed for commercial use with an additional clarification regarding civic uses - Add the allowed commercial uses from VMU to office base zoning districts - Align compatibility screening requirements with amendments to citywide policy made by Council through Ordinance 20240516-004 - Clarify that provisions of the DB90 program govern over a conflicting provision of the Land Development Code or other ordinance Proposed Text Amendment(s): See draft ordinance. 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% required under DB90. Allowing for additional commercial uses within office base zoning districts will enable true mixed-use developments that provide a variety …
Affordability Impact Statement Live Music Venue and Creative Space Bonus Phase 2 Case number: C20-2023-026 Initiated by: Resolution No.(s) 20220728-094 and 20220901-089 Date: 6/27/2024 Proposed Regulation The proposed amendment would create a new combining district for an affordable creative space bonus program available upon request through a zoning application. It would include the following components: - Requires the designation to be applied to more than one parcel to meet the definition of a creative district. - Requires 30% of building frontage and 25% of ground floor to be for affordable creative spaces. - Requires protections for existing creative spaces, including replacement, notice, rent assistance, and leasing - Requires residential and hotel developments near music and performance venues to conduct a sound - Requires leases to be affordable for 10 years, with rent at 50% of average city retail space rent or a sustainable options. assessment and disclose to future residents. ratio and limited annual increases. - Allows for an extra 30 feet in height and exemptions from site development standards for developments providing affordable creative spaces or a fee in lieu of the affordable space. - Provides for exemptions from certain compatibility standards, replaced with a compatibility buffer and screening requirements. Land Use/Zoning Impacts on Housing Costs The proposed changes would have a neutral impact on land use/zoning related housing costs. This would establish an optional density bonus program available upon request that would require review by city staff, the planning commission, and City Council. As part of the staff review, the Housing Department will evaluate the request in accordance with the goals of the Austin Strategic Housing Blueprint and assess any negative impact to existing affordable housing. Impact on Development Cost The proposed changes would have a neutral impact on development costs. Each proposal will be evaluated individually, with the Housing Department ensuring that the creative district designation does not negatively affect existing and future multi-family developments. Sound Assessment requirements may add costs for multi-family developments within 600 feet of the creative district. Impact on Affordable Housing The proposed changes would have a neutral impact on affordable housing. This creative district density bonus program could compete with other density bonus programs specifically designed for affordable housing, like DB-90. However, the case-by-case evaluation may deem it appropriate in historically commercial districts where housing is less suitable. The Housing Department will review each case and provide recommendations to the Planning Commission …
Live Music Venue and Creative Space Regulatory Incentives Phase II July 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 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: 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 Fee Waivers Modified Parking requirements Resolution No. 20220901-089: “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 Fee waivers Modified parking requirements Expedited permitting process Goals and Timeline Cultural District Milestones Arts Commission: March 18 Goals Develop a citywide paper district that is not mapped; no change to a property’s zoning will be made through initial district adoption Focus on a “district” approach similar to Historic Districts, with minimum size requirements After adoption, owners of eligible properties may then request a rezoning to incorporate Creative District code string Initiate a subdistrict of the Downtown Density Bonus for Red River Codes and Ordinances Joint Committee (COJC): March 20 Recommended unanimously …
C20-2023-026 ORDINANCE AMENDMENT REVIEW SHEET Amendment: C20-2023-026 Live Music Venue and Creative Space Bonus Phase 2 Description: 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 majority commercial districts that have been rezoned to add the new combining district designation as areas that include existing or planned clusters of creative space use structures and sites, through a process including minimum size requirements and review from the Housing Department and Economic Development Department. 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; and, 6. Theater 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 …
Affordability Impact Statement Infill Plats & Site Plan Lite, Phase 2 Initiated by: Resolution No. 20221201-048, 20230504-023 Case number: C20-2023-045 Date: July 5, 2024 Proposed Regulation The proposed amendments would do the following: Infill Plats • Provides small-scale residential developments with a streamlined subdivision review process to facilitate fee-simple ownership of lots as an alternative to condominium regimes. • Aligns impervious cover assumptions used in the streamlined subdivision review with impervious cover limits imposed by zoning regulations, which will provide more flexible subdivision options, allowing landowners to create smaller lots without triggering full subdivision review. • The modified drainage standards are limited to applications that meet the following criteria: • Less than one acre in site area; o Not located within the Wildland Urban Interface; o o Does not require a plat vacation. Is within a previously platted residential subdivision; and • Projects under a quarter-acre are not required to provide a drainage study or onsite detention. • Projects between a quarter-acre and one acre must provide a drainage plan demonstrating that, without altering natural topography, stormwater will discharge to an existing storm drainage system or right-of-way. Site Plan Lite, Phase 2 • The modified drainage standards are limited to applications that meet the following criteria: o Less than a half-acre in site area; and o 5 to 16 units on a single lot. • Qualifying projects must provide a drainage plan demonstrating that, without altering natural topography, stormwater will discharge to an existing storm drainage system or right-of-way. • Establishes a new “small-project” category for developments of 5 to 16 units that qualify for the modified drainage standards, streamlining the review process with shorter review times and reduced fees. Land Use/Zoning Impacts on Housing Costs The proposed changes would have a positive impact on housing costs by facilitating the delivery of missing middle projects through a less onerous permitting process and by expanding options for “fee simple” ownership of units on separate lots rather than condominium regimes. Like Home I and Home II, this housing strategy is aimed at increasing attainable housing options for middle-income Austinites, which is supported by many of the Strategic Housing Blueprint and Imagine Austin Goals to encourage diverse housing types throughout Austin. The modified drainage standards apply only to areas outside the Wildland Urban Interface (WUI). However, further analysis and discussion are necessary to determine if these standards are entirely unavailable in all proximity …
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 27 28 WORKING DRAFT-SUBJECT TO CHANGE July, 9th PLANNING COMMISSION ORDINANCE NO. ____________ AN ORDINANCE AMENDING CITY CODE SECTIONS 25-8-64 AND 25-5-3 AND CREATING A NEW CITY CODE SECTION 25-7-67 RELATED TO DEVELOPMENT REGULATIONS APPLICABLE TO RESIDENTIAL RE- SUBDIVISIONS AND DEVELOPMENT APPLICATIONS AND DEVELOPMENT APPLICATIONS FOR MULTI-FAMILY RESIDENTIAL SITE DEVELOPMENT OF FIVE TO SIXTEEN UNITS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. Subsection (B) of City Code Section 25-5-3 (Small Projects) is amended to read: (B) The following are small projects: (1) construction of a building or parking area if the proposed construction: (a) does not require a variance from a water quality regulation; (b) does not exceed 5,000 square feet of impervious cover; and (c) the construction site does not exceed 10,000 square feet, including the following areas: (i) construction; (ii) clearing; (iii) grading; (iv) construction equipment access; (v) driveway reconstruction; (vi) temporary installations, including portable buildings, construction trailers, storage areas for building materials, spoil disposal areas, erosion and sedimentation controls, and construction entrances; (vii) landscaping; and (viii) other areas that the director determines are part of the construction site; 7/3/2024 Page 1 of 4 COA Law Department 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 WORKING DRAFT-SUBJECT TO CHANGE July, 9th PLANNING COMMISSION construction of a storm sewer not more than 30 inches in diameter that is entirely in a public right-of-way or an easement; construction of a utility line not more than eight inches in diameter that is entirely in a public right-of-way; (2) (3) (4) construction of a left turn lane on a divided arterial street; (5) construction of street intersection improvements; (6) widening a public street to provide a deceleration lane if additional right- of-way is not required; (7) construction of five to 16 dwelling units that meet all applicable requirements for review under Section 25-7-67 (Modified Drainage Standards for Residential Infill); (8[7]) depositing less than two feet of earth fill, if the site is not in a 100-year floodplain and the fill is not to be deposited within the dripline of a protected tree; (9[8]) construction of a boat …
ORDINANCE AMENDMENT REVIEW SHEET Case No. C20-2023-045 Planning Commission: July 9, 2024 Amendment: C20-2023-045 | Site Plan Lite, Phase 2 & Infill Plats Introduction: This staff report discusses amendments to the Land Development Code (“LDC”) proposed in response to two separate council initiatives intended to facilitate construction of infill housing: Resolution No. 20221201-048 (“Site Plan Lite”) and Resolution No. 20230504-023 (“Infill Plats”). These amendments, which will be included in a single ordinance, seek to better calibrate non-zoning regulations and review procedures to the scale of “missing middle” housing. The report also describes changes initiated or under consideration by individual departments to address non-LDC related challenges to development of missing middle housing, including amendments to administrative criteria manuals and improvements to existing review procedures. Background: Site Plan Lite, Phase 2 — On December 1, 2022, the City Council passed Resolution No. 20221201-048 initiating LDC amendments to better scale site plan review for residential projects of three to sixteen units located on a single lot. For Phase 1, Council adopted Ordinance No. 20230720-158 on July 20, 2023, creating a site plan exemption for projects of four or fewer residential units. This change, coupled with subsequent passage of the first HOME ordinance, has enabled staff to conform the review process for 3-4 unit residential projects more closely to the process used for one and two-unit projects. For Phase 2, staff’s proposed amendments would modify applicable drainage regulations and adopt a new “small project” classification to enable further streamlining the review process for projects of five to sixteen units. These amendments, coupled with additional department- initiated changes, will make it easier to construct smaller multi-family projects on appropriately zoned lots. Infill Plats — On May 4, 2023, Council approved Resolution No. 20230504-023 initiating LDC amendments to facilitate the creation of infill lots and expand opportunities for “fee simple” ownership within existing residential subdivisions. Staff’s proposed amendments would help to further this objective by modifying applicable drainage regulations, which are a significant cost driver, and changing how impervious cover is calculated to allow re-subdivisions to include a greater number of lots. In tandem with additional department-initiated changes, these amendments Case No. C20-2023-045 | Page - 1 Case No. C20-2023-045 Planning Commission: July 9, 2024 will better calibrate regulations applicable to small-lot single-family uses as authorized by the second HOME ordinance. Department-level Improvements — Aside from drainage regulations codified in LDC Chapter 25-7 (Drainage), most of …
1. PROPOSED IRC 2024 CODE REDLINE V1, DRAFT SUBJECT TO ADDITIONAL CHANGES Section R101.1 Section R101.2 Section R104.10.1 Section R105.2 Section R105.3.1.1 Section R106.1.4 Table R301.2 Section R105.3.2 Section R322.1 Section R322.1.4 Section R322.1.4.1 Section R322.1.4.2 Section R322.1.5 Section R322.2 Section R301.2.4 Section R322.2.1 Section R306 Section R322.2.2 Section R322.2.3 Section R322.2.5 Section R322.2.6 Part IV BAAE107 & subsections Section R320 & subsections § 25-12-241 INTERNATIONAL RESIDENTIAL CODE. (A) The International Residential Code for One- and Two-Family Dwellings, 20214 2024 Edition, published by the International Code Council ("20214 2024 International Residential Code") and Appendices AC, BA, BB, AE, BFAH, AJ, AQ, BIAR, BJAS, BKAU, BM, and BOAW are adopted and incorporated by reference into this section with the deletions in Subsections (B), (C), and (D) and the amendments in Section 25-12-243 (Local Amendments to the International Residential Code). (B) The following provisions of the 2024 International Residential Code are deleted (C) Except for P2904, Part VII (Plumbing) of the 2024 International Residential Code is deleted (D) The following definition is deleted from R202 (Definitions) of the 2024 International Residential Code: HEIGHT, BUILDING (E) The city clerk shall file a copy of the 2024 International Residential Code with the official ordinances of the City. Source: Ord. No. 20170406-048 , Pt. 1, 7-5-17; Ord. No. 20210603-054 , Pt. 1, 9-1-21. § 25-12-243 LOCAL AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE. Each provision in this section is a substitute for the identically numbered provision deleted in Section 25-12- 241 (B), (C), and (D) (International Residential Code) or is an addition to the 20241 International Residential Code. R101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two- family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height. Exception: The following shall be permitted to be constructed in accordance with this code where provided with an automatic sprinkler system complying with Section P2904: Live/work units located in townhouses and complying with the requirements of Section 508.5 of the International Building Code. Page 1 of 9 2. 3. 4. 5. 1. 2. 3. 4. 5. 6. 7. Owner-occupied lodging houses with five or fewer guestrooms. A care facility with six or fewer persons …
Affordability Impact Statement 2024 International Residential Code & Local Amendments Date: 7/1/2024 Proposed Regulation The proposed adoption of the 2024 International Residential Code (IRC) and associated local amendments. These codes would replace the current 2021 IRC and corresponding local amendments. The IRC is a model code published by International Code Council (ICC), a non-profit entity with a robust democratic process for weighing the costs and benefits of code changes. The Development Services Department has the stated goal of minimizing the number of 2024 local amendments to the IRC and deferring to the model codes whenever possible. When amendments are made it is generally because they are mandated by council, responding to business needs, clarifying language, and improving the City’s Insurance Services Office (ISO) rating. Land Use/Zoning Impacts on Housing Costs The proposed changes would likely have a neutral impact on housing costs via land use and zoning. Impact on Development Cost The proposed changes would likely have a neutral impact on development costs. 2024 Model Code Update: The University of Florida researched the cost impact of updating from the 2023 Florida Building Codes to the 2024 International Codes (Issa et al. 2024).1 The 2023 Florida Building Code adopts the 2021 IRC as one of its model codes, so it may be a helpful baseline to understand the overall cost impact of the changes from the 2021 IRC to the 2024 IBC. The State of Florida does adopt amendments to the model codes, but they have the closest available comparison to understand the cost impacts of adopting the 2024 IBC. The University of Florida study models the adoption of the 2024 International Codes on seven different building types, including small office, retail, primary school, small hotel, mid-rise apartment, 1-story residence, and 2-story residence. The average net change in cost estimate between all the building types is +0.45% according to their report. The IRC applies to “detached one- and two- family dwellings and townhouses not more than three stories above grade plane in height” (see Section R101.2 of the IRC), so the 1-story and 2-story residences from the Issa et al. report are the most informative cost impact models.2 The Issa et al. report estimates 1-story residences will be +10% more expensive to build and 2-story residences will be +16% more expensive to build, with both increases due to National Electrical Code (NEC) changes rather than IRC changes. Local Amendments: The most …
M E M O R A N D U M TO: Mayor and Council Members THROUGH: Veronica Briseño, Assistant City Manager FROM: José G. Roig, Development Services Director Chief Joel Baker, Aus�n Fire Chief Chief Robert Luckritz, EMS Chief, Aus�n Travis County EMS DATE: June 26, 2024 SUBJECT: Resolu�on No. 20240502-094 Staff Update - Single Stairway Provisions for Mul�family Developments Up to Five-Stories We want to provide all of you with a mul�-departmental recommenda�on on Resolu�on No. 20240502-094 which proposes an amendment to the 2024 Interna�onal Building Code (IBC) allowing a single stairway for mul�family developments up to five stories. Technical code and first responder experts from the Development Services Department (DSD), Aus�n Fire Department (AFD), and Aus�n/Travis County Emergency Medical Services (ATCEMS) reviewed Aus�n’s single stairway amendment and found significant poten�al safety risks to occupants and first responders were we to amend the Code. As a result, staff recommends that the City of Aus�n con�nue to allow the model na�onal codes to set minimum standards for construc�on in Aus�n, thereby maintaining two means of egress for mul�family developments. Safety Concerns Construc�ng a single stairway --as opposed to two separate stairways-- for a five-story building poses escape hazards for occupants during fire, ac�ve shooter, severe weather, or large-scale emergencies. The following points highlight primary safety concerns: • Occupant Risk Considera�ons – Fire-loss data, some�mes cited by proponents of single stairway design, suggests that such an approach poses a low risk to occupants. While the probability of a fire is low, the consequences of a fire with a single stairway design make this an inherent risk. The na�onal standard set in the model code manda�ng two staircases reflects the increased likelihood of significant injury and mass casual�es in limi�ng occupants to a single exit in the event of a fire or other emergency. • Subject Mater Expert Findings – A na�onal proposal to permit mid-rise buildings to be served by a single exit stairway was reviewed and overwhelmingly rejected by the Interna�onal Code Page 1 of 4 Council (ICC) Technical Commitee, ci�ng tes�mony from many na�onal safety experts about the dangers it would pose to occupants and first responders. • Hindered Evacua�on Tac�cs – AFD employs evacua�on tac�cs by designa�ng one stairwell for evacua�on and the second stairwell for firefigh�ng opera�ons. Elimina�ng a stairwell may lead to unsafe exposure of fire condi�ons to occupants and cause counterflow and conges�on with occupants …
PROPOSED IBC 2024 CODE REDLINE V1, DRAFT SUBJECT TO ADDITIONAL CHANGES AN ORDINANCE REPEALING AND REPLACING DIVISION 1 OF ARTICLE 1 OF CITY CODE CHAPTER 25‐12 RELATING TO THE INTERNATIONAL BUILDING CODE; REPEALING AND REPLACING ARTICLE 10 OF CITY CODE CHAPTER 25‐12 RELATING TO THE INTERNATIONAL EXISTING BUILDING CODE; AND CREATING OFFENSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. City Code Chapter 25‐12 (Technical Codes) is amended to repeal and replace Division 1 of Article 1 (Building Code) to read: DIVISION 1. INTERNATIONAL BUILDING CODE AND LOCAL AMENDMENTS § 25‐12‐1 INTERNATIONAL BUILDING CODE. (A) The International Building Code, 2021 2024 Edition, published by the International Code Council ("2021 2024 International Building Code") is adopted and incorporated by reference into this section with the deletions in Subsection (B) and the amendments in Section 25‐12‐3 (Local Amendments to the International Building Code). (B) The following provisions of the 20241 International Building Code are deleted. 414.1.3305.2.3 503.1.4 plus subsections 308.2.3 Chapter 9 308.2.4 1612 plus subsections 427.6 2901.1503.1.4 1108.6.4.2 1301.1 3102.5Chapter 9 103 plus subsections Table 1004.5308.3 3201.11008.2.1 1507.8 plus subsections 1507.9 plus subsections 1607.8.2 1612 plus subsections 2901.1 2902.2 2902.6 3102.5 3201.1 3202.1 Table 2901.1 Footnote (e) 1010.1.2308.3.1.1 1010.3.3 308.3.2 3202.1 1009.3 3202.3.41010.1.2 1102.1308.5 1204 plus subsections 308.5.1 1301.1 308.5.3 1507.8 plus subsections 308.5.4 1507.9 plus subsections 310.2 1607.8.2310.4.1 406.4.3 1010.2.7 1010.3.3 1101.2 1102.1 1108.6.1.2 1108.6.2.2.2 1108.6.2.3.2 1108.6.3 Page 1 of 19 101.4.1 101.4.2 101.4.3 104.32.1 105.1.1 105.2 105.5 107.2.6 110.3 112.3 113 plus subsections 305.2 305.2.2 Table 1004.5 414.1.3 (C) The following definition is deleted from Section 202.2.1 (General Definitions) of the 2021 International Building Code: (C) The city clerk shall file a copy of the 20241 International Building Code with the official ordinances of FOSTER CARE FACILITIES. (B) the City. § 25‐12‐2 CITATIONS TO THE BUILDING CODE. In the City Code, "Building Code" means the 20241 International Building Code adopted in Section 25‐12‐1 (International Building Code) as amended by Section 25‐12‐3 (Local Amendments to the International Building Code). In this article, "this code" means the Building Code. § 25‐12‐3 LOCAL AMENDMENTS TO THE INTERNATIONAL BUILDING CODE. Each provision in this section is a substitute for the identically numbered provision deleted in Section 25‐12‐ 1(B) (International Building Code) or is an addition to the 20241 International Building Code. [A] 101.4.1 Gas. The provisions of the International Fuel Gas Code and the Plumbing Code shall …
2024 International Building Code & International Residential Code Adoption Amendment: 2024 Technical Code Adoption- International Building Code & International Residential Code Planning Commission Date: July 9, 2024 Description: The purpose of this report is for recommendation of the 2024 technical code adoption of the 2024 International Building and International Residential Code. Development Services is purposing the adoption of the 2024 International Residential Code (IRC) and International Building Code (IBC). DSD Engagement team has conducted public engagement for both the IRC and IBC, which are currently open for public input from June 25 through July 24. This engagement pertains to the adoption of the 2024 editions of the technical codes, including proposed local amendments. The 2024 editions of the technical codes are scheduled for adoption by the City Council on September 12, 2024, with implementation slated for January 1, 2025. On May 3, 2024, resolution # 20240502-094 was approved by the council. Summary of Proposed Code Adoption: Adopting the most recent codes helps protect the health, safety and welfare of Austin residents by, • Responding to new findings from building science research, field experience, or changes in community expectations • Responding to building performance assessments following catastrophic events to • increase resilience in new structures Introducing new and innovative technologies and construction methods Aligning with other current accepted codes and standards Staff Recommendation: Staff recommend approval of the 2024 IBC and IRC. Board and Commission Actions On July 24, 2024, There is a scheduled meeting with the Building and Fire Board of Appeals to present the International Building Code (IBC) and International Residential Code (IRC). Additionally, the Planning Commission is set to convene on July 9th, 2024. City Council Action May 3RD, Council approved resolution # 20240502-094 Single Stair Resolution Attached: 2024 IRC Redline 7/1/2024 2024 IBC Redline Single Stair Memo IBC Affordability Impact Statement Ordinance Number: N/A City Staff: Todd Wilcox- Building Official, Jessica Lopez Phone: Jessica Lopez 512-978-4661 Todd Wilcox 512-974-1681 Email: Jessica.lopez@austintexas.gov / Todd.Wilcox@austintexas.gov 7/1/2024
Sr. No. Proposed by Topic Proposed Amendment Justification Notes WG Vote Tally 1 2 3 4 5 Maxwell City Staff Maxwell City Staff Woods City Staff Maxwell City Staff Add one full time employee to Zoning team. Woods Training Optional Planning Commission 101 training for PC members, possibly through Texas Municipal League or APA Texas Chapter. Rehearings for VMU cases, DB-90 and numerous additional paper districts being created all leading to increase in zoning cases. Allow for new and existing commissioners to gain valuable knowledge about planning processes, state law, and best practices to inform discussions and improve efficiency. Ensures the ongoing sovereignty of Planning Commission and similar independent commissions and ensures clear separation of oversight/influence for assigned City Staff. Brings more clarity to decision-making related to legal questions that arise at Planning Commission, and improves efficiency at meetings. Explore the establishment of the Office of the Land Use Commissions (OLUC), which will involve the transfer of existing commission liaisons and the recruitment of supplementary staff as needed. OLUC will encompass the Board of Adjustment, Planning Commission, and Zoning and Platting Commission. Additionally, the office will incorporate a specialized legal representative tasked with attending commission meetings in person, exclusively representing the best interests of the commissions. Allocate funds for a singular budgetary expense aimed at engaging a consultant. The purpose of this engagement is to conduct a comprehensive evaluation and review of all operations and methodologies within the Planning Department. The consultant will offer insights and recommendations geared towards enhancing workflow efficiency and improving work outcomes, with a focus on meeting the established timelines mandated by city regulations. Request additional funding for Planning Department outreach, specifically related to Citywide LDC changes. Improve transparency and access to Planning Commission processes. Improve efficiency in communications between Planning Commission and Planning Dept. staff and help Planning Commmission meet established timelines set by City Council. 2 2 2 2 2 Maxwell Vote Woods Vote Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
July 9th, 2024 Planning Commission: Re: Opposing Item 25, Infill Plat & Site Plan Lite Ordinance The Austin Infill Coalition strives to unite urban infill development professionals and promote broad cooperation in order to affect positive change in Ausin’s built environment, with particular regard to housing. The Austin Infill Coalition does not support Infill Plat and Site Plan Lite draft ordinance proposed by staff, as it does not align with the objectives outlined in the resolutions and HOME ordinances, and does not achieve significant progress in addressing Austin’s Housing needs. AIC remains committed to supporting housing policies that increase housing availability and affordability, and we do not believe this ordinance accomplishes that goal. Sincerely, ________________ Ki Gray President _______________ Elle Allen Vice President Docusign Envelope ID: 9CAE30E7-754D-4B63-BE7B-9C64A499ED66 Docusign Envelope ID: 9CAE30E7-754D-4B63-BE7B-9C64A499ED66
Infill Plat Goal: To allow residential infill by creation of up to 6 lots on previously engineered/platted sites, with existing drainage patterns, and established utilities and services. These infill lots will allow either fee simple ownership, or condo form of ownership with densities, lot sizes, and impervious cover limits already allowed under zoning. Total Review Timeline: 60 Days including 30 Days Shot Clock State Rule 212.009 Applies to: Previously platted lots, or land status qualifying lots, under 1 acre and zoned for residential use How: This Public Hearing will serve to designate areas zoned for residential use under 25-2-3 as "residential improvement areas" under State Local Government Code "Amending Plat" Sec. 212.016(10) This will allow existing plats to be amended to create/configure up to 6 lots as stated in the CM Ryan Alter Resolution **Amended Plats are not Re-Plats and retain vested rights under 25-1 Article 12 WAIVED (suggested edits to LDC Chapter 25) DSD DSD DSD DSD DSD DSD DSD DSD 25-1-21 (117)(d) "Amended Plat" is minor revisions to an existing plat but in a residential improvement area may create up to 6 lots 25-4-1 (D) An existing plat may be amended to include up to 6 lots without triggering traditional subdivision review 25-4-1 (D)(1) Additional plat notes that simply mimic existing code will not be required for amended plats that do not vacate original plat 25-4-34 (F) Original Tract requirement does not apply to amended plats 25-4-84-E Fiscal Security and Engineer's cost estimate is not required for amended plats (ie. Road & Utilities already built out) 25-4-176(B)Amended plat note may distribute "usable lot area" such as impervious cover, building area, and FAR if total remains below that allowable on original tract. 24-4-177(A)(2)(c) amended plats utilizing "flag lots" will not require or be designated as variances 25-4-177 (C) flag utility exhibits will be solely feasibility studies and not to be reviewed or denied as final AWU Tap Plan or AE Design Parks & Rec Watershed Protection Fire Heritage Tree/Environmental 911 addressing City Legal DSD AWU AE Transportation & Public Works Typical Plat Review Departments and if structures are 150ft from hydrant, sprinklers are sufficient to replace fire driveway T-Head or Fire Lane requirement 25-4-211 (B) Parkland Dedication or Fee in Lieu do not apply to amended plats 25-6-21 (A)(2) Add sentence that for amended plats that only frontage,curb cut, driveway, and joint use easement requirements will apply 25-6-55 (C) …
ORDINANCE AMENDMENT REVIEW SHEET Case No. C20-2023-045 Planning Commission: July 9, 2024 Amendment: C20-2023-045 | Site Plan Lite, Phase 2 & Infill Plats Introduction: This staff report discusses amendments to the Land Development Code (“LDC”) proposed in response to two separate council initiatives intended to facilitate construction of infill housing: Resolution No. 20221201-048 (“Site Plan Lite”) and Resolution No. 20230504-023 (“Infill Plats”). These amendments, which will be included in a single ordinance, seek to better calibrate non-zoning regulations and review procedures to the scale of “missing middle” housing. The report also describes changes initiated or under consideration by individual departments to address non-LDC related challenges to development of missing middle housing, including amendments to administrative criteria manuals and improvements to existing review procedures. Background: Site Plan Lite, Phase 2 — On December 1, 2022, the City Council passed Resolution No. 20221201-048 initiating LDC amendments to better scale site plan review for residential projects of three to sixteen units located on a single lot. For Phase 1, Council adopted Ordinance No. 20230720-158 on July 20, 2023, creating a site plan exemption for projects of four or fewer residential units. This change, coupled with subsequent passage of the first HOME ordinance, has enabled staff to conform the review process for 3-4 unit residential projects more closely to the process used for one and two-unit projects. For Phase 2, staff’s proposed amendments would modify applicable drainage regulations and adopt a new “small project” classification to enable further streamlining the review process for projects of five to sixteen units. These amendments, coupled with additional department- initiated changes, will make it easier to construct smaller multi-family projects on appropriately zoned lots. Infill Plats — On May 4, 2023, Council approved Resolution No. 20230504-023 initiating LDC amendments to facilitate the creation of infill lots and expand opportunities for “fee simple” ownership within existing residential subdivisions. Staff’s proposed amendments would help to further this objective by modifying applicable drainage regulations, which are a significant cost driver, and changing how impervious cover is calculated to allow re-subdivisions to include a greater number of lots. In tandem with additional department-initiated changes, these amendments Case No. C20-2023-045 | Page - 1 Case No. C20-2023-045 Planning Commission: July 9, 2024 will better calibrate regulations applicable to small-lot single-family uses as authorized by the second HOME ordinance. Department-level Improvements — Aside from drainage regulations codified in LDC Chapter 25-7 (Drainage), most of …
PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, JULY 9, 2024 The Planning Commission convened in a regular meeting on Tuesday, July 9, 2024, at Austin City Hall, Boards and Commission Room, 1101, 301 West Second Street, Austin, TX. Commissioner Anderson called the Commission Meeting to order at 6:11 p.m. Commissioners in Attendance: Greg Anderson Nadia Barrera-Ramirez Adam Haynes Commissioners in Attendance Remotely: Awais Azhar Grayson Cox Ryan Johnson Felicity Maxwell Jennifer Mushtaler Danielle Skidmore Alice Woods Commissioners absent: Claire Hempel Patrick Howard Alberta Phillips Ex-Officio Members in Attendance: Jessica Cohen Candace Hunter PUBLIC COMMUNICATION None. APPROVAL OF MINUTES 1. Approve the minutes of the Planning Commission regular meeting on June 11, 2024, and June 25, 2024. The minutes from the meeting of 06/11/2024 were approved and the minutes from the meeting on 06/25/2024 were postponed to the meeting on 07/23/2024 on the consent agenda on Vice Chair Azhar’s motion, Commissioner Maxwell’s second, on a 7-3 vote. Those voting aye were Vice Chair Azhar and Commissioners Anderson, Haynes, Johnson, Maxwell, Skidmore, and Woods. Those voting nay were Commissioners Cox, Barrera- Ramirez, and Mushtaler. Chair Hempel, Commissioners Howard and Phillips were absent. PUBLIC HEARINGS Agent: Request: Staff Rec.: Staff: 2. Plan Amendment: NPA-2023-0010.02 - East 2nd Street - 2300 Block; District 3 Location: 109, 111, 113 Mildred Street and 2305, 2307 E. 2nd Street (Unit A), 2307 E. 2nd Street (Unit B), 2311 E. 2nd Street, Lady Bird Lake Watershed Owner/Applicant: Patrica Ann Pope; LaFayette 2109, LLC; and Isdale Investments, LLC; and Emily Kolb Isdale Armbrust & Brown, PLLC (Michael Whellan) Single Family to Mixed Use land use Recommended Maureen Meredith, 512-974-2695, maureen.meredith@austintexas.gov Planning Department The motion to approve Staff’s postponement request to July 23, 2024, was approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Maxwell’s second, on a 7-3 vote. Those voting aye were Vice Chair Azhar and Commissioners Anderson, Haynes, Johnson, Maxwell, Skidmore, and Woods. Those voting nay were Commissioners Cox, Barrera-Ramirez, and Mushtaler. Chair Hempel and Commissioners Howard and Phillips were absent. 3. Rezoning: Location: C14-2024-0027 - East Cesar Chavez-2300 Block; District 3 2300-2328 East Cesar Chavez Street; 2305-2317 East 2nd Street; 109-113 Mildred Street, Lady Bird Lake Watershed Owner/Applicant: Patricia Ann Pope; LaFayette 2109, LLC; Isdale Investments, LLC; Agent: Request: Isdale Emily Kolb; 2324-ECC ARC LLC; 2400 ECC ARC LLC; 2317 E 2nd-ARC LLC Armbrust & Brown, PLLC (Michael Whellan) SF-3-NP, CS-CO-MU-NP, CS-CO-MU-NP, LO-NP, and LO-CO- …
