02 ETOD Working Group Amendments.pdf — original pdf

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ETOD Overlay r Document No. Commissione Reference Pg #/Section # Proposed Amendment Proposed Text Change (Underline added References and Notes (if needed) WG Vote Azhar Vote Cox Vote Haynes Vote Johnson Vote Maxwell Phillips Vote text/Strikethrough deleted text) Tally Vote 1 Azhar ETOD Page 11 of 16 -§ Minimize the redevelopment of existing naturally occurring affordable housing Necessary Changes will need to be 6/6 Yes Yes yes Yes Yes Yes Ordinance 25-2-654 (I) by adding an adapted multi-family redevelopment requirement. Draft V1 For redevelopment with an existing multi-family structure, an applicant must: made in Chapter 4-18 to reflect these changes. Text Change Included in Amendment (YES/NO) No (1) replace all existing units that were affordable to a household earning 60 percent MFI or below in the previous 12 months and have at least as many bedrooms as those units; (2) provide current tenants with notice and information about the proposed development with a timeframe of 180 days consistent with requirements adopted under Section 25-1-711 (Purpose, Applicability, Exceptions And Definitions), Section 25-1-712 (Tenant Notification Required), Section 25-1- 713 (Additional Notice Requirements), and Section 25-1-717 (Offenses) and allow tenants to terminate leases without penalty or prejudice during the period for which notification is provided; (3) pay a tenant relocation fee established by separate ordinance as a condition of approval. The Housing director shall deposit a fee imposed under this section into the Developer Fund for Tenant Relocation Assistance, which is established under this section. The director shall use the fund to provide tenant relocation assistance to eligible tenants at the development or site for which the payment was made, consistent with requirements adopted under Section 25-1 714 (Tenant Relocation Program); and (4) grant income-eligible current tenants the option to lease one of the affordable units a unit of comparable affordability and size following completion of redevelopment. Grant all other tenants the option to lease a unit of comparable affordability and size following completion of redevelopment. multi-family structure may pose a health hazard for existing tenants, requiring extensive repairs. recommendation usage/impact of the ETOD density bonus program, including yields of affordable housing (on-site and fee in lieu), usage of fee-in-lieu funds, number of total residential units created, commercial space developed or redeveloped, and other key metrics including equity impacts. 2 Azhar Azhar Create a process by which some of the requirements in Subsection (J) can be No This is contingent on Azhar 6/6 Yes Yes Yes Yes Yes Yes Amendment 1 waived or appealed in special circumstances, for example when the existing amendment 1 passing. 3 Johnson ETOD General Provide a report on at least a bi-annual (every six months) basis, describing the 6/6 Yes Yes Yes Yes Yes Yes Maxwell ETOD Draft Page 3 of 16 -§ Update certain prohibited and commercial uses. Amend use cases as outlined. See list below Haynes ETOD Draft General Once the final Austin Light Rail station selection has been made, review and Ordinance revise this ordinance to ensure it is aligned fully with Project Connect 4 5 6 7 Ordinance ETOD Draft 25-2-653 (D-E) Page 7 of 16 -§ Ordinance 25-2-654 (F) Maxwell Azhar No No Yes 6/6 6/6 5/6 6/6 Yes Yes Yes Yes Yes Yes Yes Yes Yes yes yes yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Remove ETOD redevelopment requirements Strike lines 157 - 165 General Amendment Fully implement the ETOD Policy Plan, including No ETOD Policy Plan: programs requiring funding https://publicinput.com/Customer/File/ Full/97a3315a-15ce-4dd2-b94c- 0633abc49671 8 Cox ETOD Draft Page 5 (E)(1)(b) Consider holding fee-in-lieu to a higher bar Staff to consider the following revision: Yes I believe we did something similar for 6/6 Yes Yes Yes Yes Yes Yes 9 Cox ETOD Draft Page 10 (H)(6) Matching noise level language recommended in the compatibility amendment Staff to consider the following addition: Yes With compatibility reduced, large 6/6 Yes Yes yes Yes Yes Yes Ordinance v1 Ordinance v1 At a minimum the fee-in-lieu shall be equivalent South-Central Waterfront? Which is to 110% of the required percentage of the total actually in the ETOD area (but residential units, including the mix of bedrooms regulated elsewhere). required, at the rate set in the fee schedule at the time of final site plan submission. Mechanical equipment may not produce sound in commercial-grade mechanical excess of 70 decibels measured at the site's equipment is likely to be closer to property line that is shared with a triggering existing residences that may not have property. Between the hours of 10 pm and 10 the sound-insulating properties of am, mechanical equipment may not produce modern construction. Ref EPA, CDC, sound in excess of 45 decibels measured at WHO recommendations for evening the site's property line that is shared with a noise levels. triggering property. 10 Cox ETOD Draft N/A In future ETOD efforts, staff shall evaluate the benefits and feasibility of zoning No There is an enormous amount of State 6/6 Yes Yes yes Yes Yes Yes Ordinance v1 State property to bring these properties in line with desired development standards and regulations if the property were sold as surplus. 11 Cox ETOD Draft Page 9, (G)(6)(f) Recommend that staff evaluate adding language to minimum front setback that No Since the design of the light rail is in 5/6 Yes Yes yes Yes Yes Ordinance v1 allows for the City to require additional setback for properties immediately adjacent to proposed station areas to provide flexibility in station design and help avoid any conflicts with future light rail infrastructure and utilities/structures that don't exist already. 12 Maxwell ETOD Draft Page 3 of 16 -§ General Amendment Recommend that Commercial Off-Street Parking No https://docs.google.com/document/d/1 6/6 Yes Yes Yes Yes Yes Yes Ordinance 25-2-653 (D-E) be recategorize as Prohibited Use ZlRbxHnDE8l- 13 Phillips The Anti-Displacement Funds and 6/6 Yes Yes yes Yes yes Yes Assess risks for existing affordable housing in the ETOD area and include protections for those at-risk of demolition. Also, assess the enforcement of similar provisions previously used in Affordability Unlocked and close loopholes. 14 Phillips Use Project Connect Anti-Displacement funds for acquisition of existing The Anti-Displacement Funds and 5/6 Yes Yes yes Abstain yes Yes affordable housing and properties with the potential for developing affordable housing at or below 50% MFI. property within the ETOD area boundary. Applying the same development regulations rather than keeping them unzoned might provide efficiency/desirability to their redevelopment. such an early stage, ROW needs are yet to be determined based on the selected design concept for each station. To help minimize cost increases to the light rail project due to conflicts with structures, staff may want to consider giving the City more flexibility in the ETOD overlay to require a certain front-yard setback adjacent to station areas. This flexibility would likely expire (in practical terms or via code provision) once the stations are built. MWgdt9XRFIebEIM5RQsXFY_GwQGE L-s/edit?usp=sharing other funding sources need to be to used to acquire affordable housing before the ETOD Overlay is passed and triggers market values to increase and provisions must be added to prevent demolition of existing affordable housing with loop-holes for similar previous provisions closed. Affordable housing includes the Hidden Garden Apartments, the Guadalupe Macrohouse and LeMed Apartment Homes. other funding sources need to be to used to acquire affordable housing before the ETOD Overlay is passed and triggers market values to increase and provisions must be added to prevent demolition of existing affordable housing with loop-holes for similar previous provisions closed. Affordable housing includes the Hidden Garden Apartments, the Guadalupe Macrohouse and LeMed Apartment Homes. costs increase due to inflation and market conditions, the value of dollars gained through fee in-lieu decreases when fee in-lieu stays the same. 15 Phillips Recalibrate to ensure it reflects increased market rate values and returns for developers. If units are below 60% MFI, fee-in-lieu should not be an option. Fee in-lieu changes. When overall 5/6 Yes Yes yes No yes Yes 16 Phillips Explore tax abatement or other programs for small businesses facing 6/6 Yes Yes yes Yes yes Yes displacement due to property tax increases within the ETOD Overlay area. Prohibited Uses COMMERCIAL USES: Agricultural Sale and Services Building Maintenance Services Campground Carriage Stable Commercial Off-Street Parking Convenience Storage Drop-off Recycling Collection Facility Electronic Prototype Assembly Electronic Testing Equipment Repair Services Equipment Sales Exterminating Services Funeral Services Marina Recreational Equipment Maintenance & Storage Recreational Equipment Sales Research Assembly Services Research Testing Services Research Warehousing Services Scrap and Salvage Service Station Stables Vehicle Storage INDUSTRIAL USES: Basic Industry General Warehousing and Distribution Recycling Center Resource Extraction AGRICULTURAL USES: Animal Production CONDITIONAL USES COMMERCIAL Alternative Financial Services Automotive Sales Automotive Rentals Automotive Repair Services Automotive Washing Bail Bond Services Commercial Blood Plasma Center Communications Services Construction Sales and Services *Electric Vehicle Charging (new use) Kennels COMMERCIAL Monument Retail Sales Off-Site Accessory Parking Pawn Shop Services Pedicab Storage and Dispatch Special Use Historic INDUSTRIAL Custom Manufacturing Light Manufacturing Limited Warehousing and Distribution AGRICULTURAL USES: Crop Production Horticulture Indoor Crop Production