Joint City Council and Planning Commission Meeting Tuesday, February 4, 2025 The City Council Special Called Meeting will convene at 1:00 PM on Tuesday, February 4, 2025 at Austin City Hall 301 W. Second Street, Austin, TX and some members of City Council or Planning Commission may be attending via videoconference For meeting information, contact the City Clerk, (512) 974-2210 City Council Special Called Meeting COUNCIL AGENDA February 4, 2025 Public comment will be allowed in-person or remotely by telephone. Speakers may only register to speak on an item once either in-person or remotely. For full instructions on participation in person or by telephone, please visit the Council Meeting Information Center: http://austintexas.gov/department/city-council/council/council_meeting_info_center.ht m The City Council may go into a closed session as permitted by the Texas Open Meetings Act, (Chapter 551 of the Texas Government Code) regarding any item on this agenda. 1:00 PM – City Council Convenes 1:00 PM - Planning Commission Convenes Public Hearings and Possible Actions 1. Conduct a public hearing to receive public comment on proposed amendments to City Code to make short-term rental (STR) use an additional (accessory) use for all residential uses in all zoning districts; to regulate STR owners, operators, and platforms as businesses; and to require STR platforms to collect and remit hotel occupancy taxes (HOT). Funding: This item has no fiscal impact. Adjourn The City of Austin is committed to compliance with the Americans with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. For assistance, please call 512-974-2210 or TTY users route through 711. A person may request a Spanish language interpreter be made available by contacting the Office of the City Clerk not later than twenty-four hours before the scheduled time of the item on which the person wishes to speak. Please call (512) 974-2210 in advance or inform the City Clerk’s staff present at the council meeting. Cualquier persona puede solicitar servicios de intérprete en español comunicándose con la oficina del Secretario/a Municipal a no más tardar de veinte y cuatro horas antes de la hora determinada para el asunto sobre el cual la persona desea comentar. Por favor llame al (512) 974-2210 con anticipo o informe al personal del Secretario/a Municipal presente en la sesión del Consejo.
City of Austin Recommendation for Action File #: 25-0158, Agenda Item #: 1. 2/4/2025(cid:4) Posting Language Conduct a public hearing to receive public comment on proposed amendments to City Code to make short- term rental (STR) use an additional (accessory) use for all residential uses in all zoning districts; to regulate STR owners, operators, and platforms as businesses; and to require STR platforms to collect and remit hotel occupancy taxes (HOT). Funding: This item has no fiscal impact. Lead Department Planning Department. Fiscal Note This item has no fiscal impact. For More Information: Daniel Word, Assistant Director, Development Services Department, 512-974-3610. Additional Backup Information: These amendments are the staff’s proposed overhaul of the City’s STR regulations. This overhaul is needed because recent court decisions have made the cornerstone elements of the City’s STR regulations unenforceable. This includes the distinction between owner-occupied dwellings (Type 1) and non-owner- occupied dwellings (Type 2) that are not multi-family dwellings (Type 3). To achieve this overhaul, staff are proposing three ordinances. Working drafts of the ordinances that amend Title 25 (Land Development) and Title 4 (Business Regulations and Permit Requirements) are included in backup for this item. A third ordinance that amends Chapter 11-2 (Hotel Occupancy Tax) will be released before January 28, 2025. In total, the proposed ordinances would achieve the following: 1. Make STRs an additional (accessory) use to all residential uses in all zoning districts with a valid STR license by modifying City Code Title 25 (Land Development) to add provisions applicable to STRs as an accessory use and repeal all other existing STR provisions. 2. Regulate STR owners/operators and STR platforms by amending City Code Title 4 (Business Regulations and Permit Requirements) to add new regulations, including density caps on STR owners/operators by limiting who can operate a STR on a site with three or fewer units to individuals and requiring 1,000 feet between an owner/operator’s STRs; 3. Allow existing STRs to continue provided that the STR does not become a nuisance and property ownership remains the same; and 4. Require STR platforms to collect Hotel Occupancy Tax (HOT) on behalf of their users, which requires adding provisions that explicitly require STR platforms to collect HOT to City Code Chapter 11- 2 (Hotel Occupancy Tax). City of Austin Page 1 of 2 Printed on 1/31/2025 powered by Legistar™ (cid:5) (cid:6) File #: 25-0158, Agenda Item #: 1. 2/4/2025(cid:4) If approved, these …
CITY COUNCIL MEETING SPEAKER SIGN-UP How to register to speak on Council Meeting agenda items. This form is for speakers wishing to speak on agenda items. For general communication with Council, please visit the General Public Communication page. Regular City Council Meetings are held on Thursdays in Council Chambers. Speakers wishing to speak on agenda items must register in advance using one of the methods below. Register Online Remote & In-Person Speakers! Registration Window: Opens at 5:00 p.m. on January 31, 2025. Closes at 12:00 p.m. the day before the meeting. Click Orange Button to Register! Agenda Item Speaker Sign-Up Full Link: https://cityofaustin.formstack.com/forms/austin_city_council_speaker_signup_joint Remote speakers will receive an email providing instructions on speaking at the meeting following the close of the registration period. Remote speaker registration is not available after this form has closed. Register at City Hall In-Person Speakers ONLY! Registration Window: Opens shortly after 12:00 p.m. the day before the meeting. Closes 45 minutes before the meeting is scheduled to begin. There are three speaker registration kiosks located in the atrium at City Hall that are accessible during regular business hours. Policies and Procedures Allotted speaking time may vary as determined by Council and will not be less than 2 minutes. Speakers may only register to speak on an item once, either in-person or remotely. Speakers may not pull items from the consent agenda. At this time, speakers may donate time to other speakers. Please coordinate in advance with the Office of the City Clerk. Requests for language translation/interpretation services or sign language services must be emailed to gov at least 48 hours in advance of the meeting. City.Clerk@austintexas. Handouts or other documents that speakers wish to provide for Council must be emailed to City.Clerk@austintexas.gov by 12:00 p.m. the day before the meeting. Meeting agendas may be accessed in the Council Meeting Information Center. REGISTRO PARA ORADORES/COMENTARIOS PÚBLICOS EN REUNIONES DEL CONCEJO DE LA CIUDAD Cómo puede registrarse para comentar en temas de agenda de la Reunión del Concejo. Este formulario es para oradores que desean comentar en temas de agenda. Para comunicaciones en general con el Concejo, favor de ver la página General Public Communication. Las reuniones regulares del Concejo de la Ciudad son los jueves en la cámara del concejo. Enseguida indicamos los diferentes métodos que pueden usar oradores que desean comentar en temas de agenda. Regístrese en Línea …
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 31 32 WORKING DRAFT AND SUBJECT TO CHANGE – 1/24/2025 VERSION ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE CHAPTER 11-2 RELATING TO HOTEL OCCUPANCY TAXES, SHORT-TERM RENTAL OPERATORS, AND SHORT-TERM RENTAL PLATFORMS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART X. City Code Section 11-2-1 (Definitions) is amended to add new definitions for “Platform” and “Short-Term Rental” to read: (4) (5) PLATFORM means a person that facilitates booking of short-term rentals on behalf of a short-term rental operator. SHORT-TERM RENTAL means the rental of a housing unit or a portion of a housing unit for periods of less than 30 consecutive days. This term does not include an extension for less than 30 consecutive days of a previously existing rental agreement of 30 consecutive days or more or a rental between the parties to the sale of that housing unit. PART X. City Code Section 11-2-3 (Collection of Tax Generally) is amended to add a new Subsection (C) to read: § 11-2-3 COLLECTION OF TAX GENERALLY. (A) Except as provided in Subsection (C), a [A] person who owns, operates, manages, or controls a hotel or short-term rental or collects payment for the use or possession or for the right to the use or possession of a hotel room or short-term rental shall collect the tax levied by this chapter for the City. (B) A person who collects the tax shall deposit the tax proceeds into [in] a separate liability account and may not use the tax proceeds for any purpose other than payment to the City. (C) A platform who collects payment for the use or possession, or for the right to the use or possession, of a short-term rental shall collect the tax levied by this chapter for the City and on behalf of short-term rental operators who use the platform. PART X. City Code Section 11-2-4 (Quarterly Reports; Payments) is amended to amend Subsection (C) and to add new Subsections (F) and (G) to read: § 11-2-4 QUARTERLY REPORTS; PAYMENTS. (A) A quarterly period under this section is based on the City's fiscal year, with the first quarter beginning on October 1 and ending on December 31. 1/24/2025 10:28 AM STR HOT Regulations …
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 WORKING DRAFT AND SUBJECT TO CHANGE – 1/10/2025 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE CHAPTER 25-2 RELATED TO SHORT-TERM RENTAL USE AND REGULATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART X. City Code Chapter 25-2, Subchapter C, Article 4, Division 1, Subpart C (Requirements for Short-Term Rental Uses) and City Code Section 25-2-950 (Discontinuance of Nonconforming Short-Term Rental (Type 2) Uses) are repealed. PART X. Subsection (D) of City Code Section 25-2-773 (Duplex, Two-Unit, and Three- Unit Uses) and Subsection (M) of City Code Section 25-2-779 (Small Lot Single-Family Residential Use) are repealed. PART X. Subsection (C) of City Code Section 25-2-1463 (Secondary Apartment Regulations) is amended to read: § 25-2-1463 SECONDARY APARTMENT REGULATIONS. (C) The secondary apartment: (2) must be located: (1) must be contained in a structure other than the principal structure; at least 10 feet to the rear or side of the principal structure; or (a) (b) above a detached garage; (3) may be connected to the principal structure by a covered walkway; (4) may not exceed a height of 30 feet, and is limited to two stories; (5) may not exceed: (a) 1,100 total square feet or a floor-to-area ratio of 0.15, whichever is smaller; and (b) 550 square feet on the second story, if any. [; and] [(6) may not be used as a short term rental for more than 30 days in a calendar year if the secondary apartment was constructed after October 1, 2015.] PART X. The description of “Short-Term Rental Use” in City Code Section 25-2-3 (Residential Uses Described) is amended to read: § 25-2-3 RESIDENTIAL USES DESCRIBED. 1/10/2025 9:49 AM Chapter 25-2 STR Regulations Page 1 of 2 COA Law Department City of Austin Council Meeting Backup: February 4, 2025File ID: 25-0158 WORKING DRAFT AND SUBJECT TO CHANGE – 1/10/2025 (10) SHORT-TERM RENTAL use is the rental of a housing unit or a portion of a housing unit [residential dwelling unit] for a period of less than 30 consecutive days [or accessory building, other than a unit or building associated with a group residential use, on a temporary or transient basis in accordance with Article 4, Division 1, Subpart C (Requirements for Short-Term Rental Uses) …
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 31 WORKING DRAFT AND SUBJECT TO CHANGE – 1/30/2025 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE SECTION 4-18-25 TO REMOVE REFERENCES TO SHORT-TERM RENTAL TYPES; AMENDING CITY CODE TITLE 4 TO ADD REGULATIONS FOR SHORT-TERM RENTAL OWNERS, OPERATORS, AND PLATFORMS; AND CREATING AN OFFENSE AND PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART X. Subsection (F) of City Code Section 4-18-25 (Certification) is amended to read: § 4-18-25 CERTIFICATION. (F) For developments with one or more affordable units, the agreement required in Subsection (C) must, at a minimum: (1) (2) (3) (4) (5) (6) (7) (8) include the applicable affordability requirements; prohibit discrimination on the basis of an individual's source of income as defined in Section 5-1-13 (Definitions), require dispersion of affordable units throughout the residential units; require equal access and use of on-site amenities, common areas, and parking facilities; require shared access routes for affordable units and market-rate units; require that affordable units include interior components that are functionally equivalent to market-rate units; limit the use of an affordable unit as a [Type 2 or Type 3] short-term rental (STR); require the applicant to incorporate lease provisions that are consistent with a tenant's right to organize under 24 C.F.R. 245.100, the lease addendum required as a condition to receive City of Austin Housing Finance Corporation funds, or City Code requirement; and (9) address any obligations described in Division 2 (Redevelopment Requirements), if applicable. PART X. City Code Title 4 (Business Regulation and Permit Requirements) is amended to add a new Chapter 4-23 to read: 1/30/2025 2:18 PM STR Owner and Platform Regulations Page 1 of 14 COA Law Department City of Austin Council Meeting Backup: February 4, 2025File ID: 25-0158Updates since 1/10/2025 Version Pg. 5 (Line 139) Replaced "single-member limited liability company (LLC)" with LLC if each member is an individual. Pg. 14 (Line 409/410) Changed "subsection" to "part". WORKING DRAFT AND SUBJECT TO CHANGE – 1/30/2025 CHAPTER 4-23 SHORT-TERM RENTALS ARTICLE 1. GENERAL PROVISIONS. § 4-23-XX DEFINITIONS. In this chapter, (1) APPELLANT means an applicant or an operator who appeals a decision. (2) AUSTIN METRO AREA means the five-county metropolitan area that surrounds the City of Austin. (3) DELIST NOTICE means a …
