01 Draft Meeting Minutes September 10, 2024 — original pdf

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PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 10, 2024 The Planning Commission convened in a regular meeting on Tuesday, September 10, 2024, at Austin City Hall, Council Chambers, Room 1001, 301 W. Second Street, Austin, TX. Chair Hempel called the Commission Meeting to order at 6:07 p.m. Commissioners in Attendance: Claire Hempel Awais Azhar Adam Haynes Ryan Johnson Felicity Maxwell Alberta Phillips Danielle Skidmore Alice Woods Commissioners in Attendance Remotely: Greg Anderson Nadia Barrera-Ramirez Jennifer Mushtaler Commissioners absent: Grayson Cox Patrick Howard Ex-Officio Members in Attendance: Candace Hunter Jessica Cohen Ex-Officio Members in Attendance Remotely:  PUBLIC COMMUNICATION APPROVAL OF MINUTES None. 1. Approve the minutes of the regular meeting of the Planning Commission on July 23, 2024, and August 13, 2024. The minutes from the meeting of August 13, 2024, were approved and the minutes from the meeting on July 23, 2024, were postponed to the meeting on September 24, 2024, on the consent agenda on Vice Chair Azhar’s motion, Commissioner Skidmore’s second, on an 8-0 vote. Commissioner Johnson, Maxwell, and Phillips were off the dais. Commissioners Cox and Howard were absent. PUBLIC HEARINGS 2. Plan Amendment: NPA-2023-0018.06 - 6725 Shirley Avenue; District 4 Location: 6719, 6725 Shirley Ave and 605 William Street, Waller Creek Watershed; Brentwood/Highland Combined (Highland) Neighborhood Planning Area Owner/Applicant: 6725 Shirley Avenue, LLC Agent: Request: Drenner Group, PC (Leah M. Bojo) To change the base maximum building height from 60 feet to 120 feet with participation in the density bonus program. The land use on the future land use map is Specific Regulating District. There is no proposed change to the future land use map. Staff postponement request to September 24, 2024 Maureen Meredith, 512-974-2695, maureen.meredith@austintexas.gov Planning Department Staff Rec.: Staff: The motion to approve Staff’s postponement request to September 24, 2024, was approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Skidmore’s second, on an 8-0 vote. Commissioner Johnson, Maxwell, and Phillips were off the dais. Commissioners Cox and Howard were absent. 3. Rezoning: Location: C14-2023-0132 - 6725 Shirley Avenue; District 4 6719 and 6725 Shirley Avenue; 605 William Street, Waller Creek Watershed; Highland Neighborhood Planning Area Owner/Applicant: 6725 Shirley Avenue, LLC Agent: Request: Drenner Group, PC (Leah Bojo) TOD-NP (Live/Work Flex Subdistrict) to TOD-NP (Live/Work Flex Subdistrict) amend maximum building height to 120' Staff postponement request to September 24, 2024 Jonathan Tomko, (512) 974-1057, jonathan.tomko@austintexas.gov Planning Department Staff Rec.: Staff: The motion to approve Staff’s postponement request to September 24, 2024, was approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Skidmore’s second, on an 8-0 vote. Commissioner Johnson, Maxwell, and Phillips were off the dais. Commissioners Cox and Howard were absent. 4. Plan Amendment: NPA-2023-0014.03 - 4302 Nuckols Crossing; District 2 4302 Nuckols Crossing, Williamson Creek Watershed; Southeast Combined (Franklin Park) Neighborhood Planning Area Location: Owner/Applicant: Katherine Barnidge Agent: Request: Staff Rec.: Staff: LOC Consultants – Civil Division (Sergio Lozano Sanchez) Single Family to Multifamily Residential land use Staff postponement request to October 22, 2024 Maureen Meredith, 512-974-2695, maureen.meredith@austintexas.gov Planning Department The motion to approve Staff’s postponement request to October 22, 2024, was approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Skidmore’s second, on an 8-0 vote. Commissioner Johnson, Maxwell, and Phillips were off the dais. Commissioners Cox and Howard were absent. 5. Plan Amendment: NPA-2023-0029.02 - Humane Society of Austin & Travis Location: County; District 4 7600 - 7616 Bennett Ave, Buttermilk Branch Watershed; St. John/Coronado Hills (St. John) Combined Neighborhood Planning Area Owner/Applicant: Humane Society of Austin & Travis County Agent: Request: Staff Rec.: Staff: Bleyl Engineering (Robert Heil) Neighborhood Mixed Use and Single Family to Mixed Use land use Staff postponement request to October 22, 2024 Maureen Meredith, 512-974-2695, maureen.meredith@austintexas.gov Planning Department The motion to approve Staff’s postponement request to October 22, 2024, was approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Skidmore’s second, on an 8-0 vote. Commissioner Johnson, Maxwell, and Phillips were off the dais. Commissioners Cox and Howard were absent.  6. Rezoning: Location: C14-2023-0094 - Merle; District 5 4405 Merle Drive, Williamson Creek Watershed; Oak Hill Combined (East Oak Hill) Neighborhood Planning Area Owner/Applicant: Claire and Frederick Subtle Agent: Request: Staff Rec.: Staff: Keepers Land Planning (Ricca Keepers) LO-NP to GR-V-NP Indefinite postponement request by Applicant Nancy Estrada, 512-974-7617, nancy.estrada@austintexas.gov Planning Department The motion to approve Applicant’s indefinite postponement request was approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Skidmore’s second, on an 8-0 vote. Commissioner Johnson, Maxwell, and Phillips were off the dais. Commissioners Cox and Howard were absent. 7. Rezoning: Location: C814-2023-0057 - 200 E. Riverside PUD; District 9 200 East Riverside Drive, East Bouldin Creek and Lady Bird Lake Watersheds; Greater South River City (South River City) Neighborhood Planning Area Owner/Applicant: Garwald Company, Inc. (Rogan Giles, President) Armbrust & Brown, PLLC (Richard T. Suttle, Jr.) Agent: L-NP to PUD-NP Request: Recommended, with conditions Staff Rec.: Sherri Sirwaitis, 512-974-3057, sherri.sirwaitis@austintexas.gov Staff: Planning Department The public hearing was closed on Commissioner Woods’ motion, Vice Chair Azhar’s second, on 8-0 vote. Commissioners Johnson, Maxwell, and Phillips were off the dais. Commissioners Cox and Howard were absent. The substitute motion to postpone to September 24, 2024, failed on Commissioner Haynes motion, Commissioner Mushtaler’s second on a 3-8 vote. Those vote aye were Commissioners Haynes, Mushtaler and Phillips. Those voting nay were Chair Hempel, Vice Chair Azhar, and Commissioners Anderson, Barrera-Ramirez, Johnson, Maxwell, Skidmore, and Woods. Commissioners Cox and Howard were absent. The motion to amend item 3 in the staff recommendation with the following friendly amendment to state, 9,000 to 11,000 square feet unfinished space within the level of discharge ("ground floor") and floor above, with a private convenience stair, adequate space for 2-3 apparatus bays and appropriate apron for fire/EMS apparatus, and an entrance/egress on a major roadway must be included within 1 mile radius of the 200 E. Riverside PUD in consultation with the Austin Fire Department and Austin-Travis County EMS, with a lease executed or the space conveyed or the space identified prior to 55% of certificates of occupancy for the 200 E. Riverside PUD having been issued, was approved on Vice Chair Azhar’s motion, Commissioner Maxwell’s second on a 10-0-1 vote. Commissioner Phillips abstained. Commissioners Cox and Howard were absent. This was accepted by Vice Chair Azhar and Commissioner Maxwell, who seconded the motion. The motion to approve Staff’s recommendation of PUD-NP as amended and including the memo from the Environmental Commission for C814-2023-0057 - 200 E. Riverside PUD located at 200 East Riverside Drive was approved on Vice Chair Azhar’s motion, Commissioner Maxwell’s second on an 8-1-2 vote. Those voting aye were Chair Hempel, Vice Chair Azhar, and Commissioners Anderson, Barrera- Ramirez, Johnson, Maxwell, Skidmore, and Woods. Commissioner Mushtaler voted nay. Commissioners Haynes and Phillips abstained. Commissioners Cox and Howard were absent. 8. Rezoning: Location: C814-82-006.02(83) - Lake Austin Commons PUD Amendment; District 9 1717 West 6th Street and 506 Campbell Street, Lady Bird Lake and Johnson Creek Watershed Owner/Applicant: 1717 Hartland Plaza LP Agent: Request: Staff Rec.: Staff: Armbrust & Brown, PLLC (Richard T. Suttle, Jr.) PUD-NP to PUD-NP (change a condition of zoning) Recommended Jonathan Tomko, 512-974-1057, jonathan.tomko@austintexas.gov Planning Department The public hearing was closed on Commissioner Mushtaler’s motion, Commissioner Maxwell’s second, on 11-0 vote. Commissioners Cox and Howard were absent. There was a friendly amendment by Commissioner Phillips have the bonus area square footage be in a range from 10-15%. This item was withdrawn due to a range not being allowed. Commissioners Cox and Howard were absent. The motion to amend the 10% of the bonus area square footage to 15% failed on Commissioner Haynes motion, Commissioner Phillips second, on a 4-4-2 vote. Those voting aye were Chair Hempel and Commissioners Haynes, Johnson, and Phillips. Those voting nay were Commissioners Anderson, Maxwell, Skidmore, and Woods. Vice Chair Azhar and Commissioner Barrera-Ramirez abstained. Commissioner Mushtaler was off the dais. Commissioners Cox and Howard were absent. The motion to amend affordability requirements to state “At least 10 percent of the bonus area square footage within the PUD must be affordable to a household whose income is 60 percent or below the median family income in the Austin metropolitan statistical area for rental housing units to be remain affordable for 40 years from the date a certificate of occupancy is issued and be eligible for federal housing choice vouchers or affordable to a household whose income is 80 percent or below the median family income in the Austin metropolitan statistical area for ownership housing units to be remain affordable for 99 years from the date a certificate of occupancy is issued and be transferred to the owner subject to a shared equity agreement, land trust, or restrictive covenant approved by the Director of the Housing Department. This requirement may be met through providing units on-site, off-site, or by paying an equivalent fee as set at the time of at time of site plan,” was approved on Vice Chair Azhar’s motion, Commissioner Woods’ second, on a 10-0 vote. Commissioner Mushtaler was off the dais. Commissioners Cox and Howard were absent. The substitute motion to amend Staff’s recommendation to provide a 10-foot sound barrier on the full north wall, 2 wings on the East and West side, both of 10 feet in height, and a 10-foot length going North to South failed on Commissioner Phillip’s motion, Commissioner Anderson’s second, on a 4-4-2 vote. Those voting aye were Vice Chair Azhar, and Commissioners Anderson, Johnson, and Phillips. Those voting nay were Chair Hempel, and Commissioners Barrera-Ramirez, Haynes, and Skidmore. Commissioners Maxwell and Woods abstained. Commissioner Cox and Howard were absent. The motion to amend Staff’s recommendation to provide a 10-foot-high sound barrier on the full north side of the parking garage and full or partial sound barrier on the west side was approved on Commissioner Skidmore’s motion, Chair Hempel’s second, on a 5-2-3 vote. Those voting aye were Chair Hempel and Commissioners Barrera-Ramirez, Haynes, Johnson, and Skidmore. Commissioners Anderson and Phillips voted nay. Vice Chair Azhar and Commissioners Maxwell and Woods abstained. Commissioner Cox and Howard. The motion to postpone to September 24, 2024, was approved on Commissioner Maxwell’s motion, Vice Chair Azhar second, on a 7-3 vote. Those voting aye were Chair Hempel, Vice Chair Azhar, and Commissioners Anderson, Barrera-Ramirez, Maxwell, Skidmore, and Woods. Those voting nay were Commissioners Haynes, Johnson, and Phillips. Commissioner Mushtaler was off the dais. Commissioners Cox and Howard were absent. The motion to approve Staff’s recommendation of PUD-NP (change a condition of zoning) for C814-82-006.02(83) - Lake Austin Commons PUD Amendment located at 1717 West 6th Street and 506 Campbell Street failed due to lack of a vote on Commissioner Johnson’s motion and Chair Hempel’s second. 9. Historic Zoning: C14H-2024-0100 - Splawn-Green House; District 9 Location: 3311 Lafayette Avenue, Boggy Creek Watershed; Upper Boggy Creek Neighborhood Plan Owner/Applicant: Steve Wilson Request: Staff Rec.: Staff: SF-3-NP to SF-3-NP-H Recommended Kalan Contreras, 512-974-2727, kalan.contreras@austintexas.gov Planning Department The motion to approve Staff’s recommendation of SF-3-NP-H for C14H-2024-0100 - Splawn-Green House located at 3311 Lafayette Avenue was approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Skidmore’s second, on an 8-0 vote. Commissioner Johnson, Maxwell, and Phillips were off the dais. Commissioners Cox and Howard were absent. 10. Historic Zoning: C14H-2024-0094 - Brooks House; District 10 Location: 1500 W 24th St., Shoal Creek Watershed; Central West Austin Combined (Windsor Road) Neighborhood Planning Area Owner/Applicant: Suzanne Bryant & Sarah Goodfriend Agent: Request: Staff Rec.: Staff: Lori Martin SF-3-NP to SF-3-NP-H Recommended Austin Lukes, 512-978-0766, austin.lukes@austintexas.gov Planning Department The motion to approve Staff’s recommendation of SF-3-NP-H for C14H-2024-0094 - Brooks House located at 1500 W 24th Street was approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Skidmore’s second, on an 8-0 vote. Commissioner Johnson, Maxwell, and Phillips were off the dais. Commissioners Cox and Howard were absent. 11. Historic Zoning: C14H-2024-0098 - Maufrais House; District 9 Location: 1403 W 10th St., Lady Bird Lake Watershed; Old West Austin Neighborhood Plan Owner/Applicant: Mark J. Stine & Clemmie S. Cummins Agent: Request: Staff Rec.: Staff: Lori Martin SF-3-NP to SF-3-NP-H Recommended Austin Lukes, 512-978-0766, austin.lukes@austintexas.gov Planning Department The motion to approve Staff’s recommendation of SF-3-NP-H for C14H-2024-0098 - Maufrais House located at 1403 W 10th Street was approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Skidmore’s second, on an 8-0 vote. Commissioner Johnson, Maxwell, and Phillips were off the dais. Commissioners Cox and Howard were absent. 12. LDC C20-2023-026 - Live Music and Creative Space Bonus Phase 2 Amendment: Request: Staff Rec.: Staff: Amend City Code Title 25 (Land Development) to create a new zoning district for a density bonus program focused on preserving and creating creative spaces and performance venues that includes, at a minimum, modified site requirements in exchange for prese Staff postponement request to September 24, 2024 Donald E Jackson, 512-974-2214, donalde.jackson@austintexas.gov Economic Development The motion to approve Staff’s postponement request to September 24, 2024, was approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Skidmore’s second, on an 8-0 vote. Commissioner Johnson, Maxwell, and Phillips were off the dais. Commissioners Cox and Howard were absent. DISCUSSION AND ACTION ITEMS 13. Discussion and action to establish a working group for governance to update the Rules and Procedures. Sponsors: Chair Hempel and Commissioner Johnson. The motion to have the working group members as stated: Chair Hempel, Vice Chair Azahr, and Commissioners Barrera-Ramirez, Haynes, Johnson, and Woods was approved with the following friendly amendment on motion by Chair Hempel, seconded by Vice Chair Azhar on a 9-0 vote. Commissioners Barrera-Ramirez and Mushtaler were off the dais. Commissioner Cox and Howard were absent. The friendly amendment from Commissioner Haynes was to have Commissioner Johnson be the Interim Chair for the working group. This was accepted by the maker of the motion and Vice Chair Azhar, who seconded the motion. 14. Select a primary and alternate representative to serve on the Joint Sustainability Committee. Sponsors: Chair Hempel, Vice Chair Azhar, and Commissioner Woods. The motion for Commissioner Phillips be the primary representative and Commissioner Skidmore to the be alternate representative for the Joint Sustainability Committee was approved on Commissioner Phillips motion, Vice Chair Azhar’s second, on a 9-0 vote. Commissioners Barrera-Ramirez and Mushtaler were off the dais. Commissioner Cox and Howard were absent. 15. Discussion and action relating to Interim Planning Commission Rules and Procedures. Sponsors: Chair Hempel and Vice Chair Azhar. The motion to approve the Interim Planning Commission Rules and Procedures was approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Skidmore’s second, on an 8-0 vote. Commissioner Johnson, Maxwell, and Phillips were off the dais. Commissioners Cox and Howard were absent. WORKING GROUP/COMMITTEE UPDATES 16. Codes and Ordinances Joint Committee – Update pertaining to recommendations to the Planning Commission regarding proposed amendments to the Land Development Code for which review is required under Section 25-1- 502 (Amendment; Review); requests to initiate amendments to the Land Development Code under Section 25-1- 501 (Initiation). (Sponsored by Chair Hempel, Vice-Chair Azhar and Commissioners Anderson and Maxwell) Update was given by Chair Hempel. 17. Comprehensive Plan Joint Committee – Update regarding recommendations to the Planning Commission on issues relating to the comprehensive plan, including proposed amendments to the Comprehensive Plan; and implementation of the Comprehensive Plan, including policy directives or initiatives of the city council or the Planning Commission. (Sponsored by Commissioners: Cox, Haynes, Phillips, and Johnson) Update was given by Commissioner Haynes. 18. Joint Sustainability Committee - Update regarding recommendation and matters related to conservation and sustainability; and review City policies and procedures relevant to the Austin Community Climate Plan and the Austin Climate Equity Plan, including planning, implementation, community engagement, goal setting, and progress monitoring; promote close cooperation between the council, City management, City boards, commissions, committees, and taskforces, and individuals, institutions, and agencies concerned with the politics, procedures, and implementation of the Austin Community Climate Plan and the Austin Climate Equity Plan with the goal of coordinating all similar activities within the City and the community in order to secure the greatest public benefit; and forward to the city manager all advisory material that the joint committee provides to the council, the Office of Sustainability, City departments and offices, or City boards, commissions, committees, and task forces. (Sponsored by Commissioners Woods and Phillips) No update was given. 19. Small Area Planning Joint Committee – Update regarding recommendation and issues surrounding planning and zoning in areas such as downtown, corridors and centers, neighborhoods, the waterfront, planned unit developments, and transit-oriented developments. (Sponsored by Commissioners Barrera-Ramirez and Howard) No update was given. 20. South Central Waterfront Advisory Board - Update regarding continuity and communication among stakeholders and advocates as the South Central Waterfront Plan moves toward implementation and to provide recommendations to the city council regarding plan implementation. Section 2-1-172 of the City Code. (Sponsored by Chair Hempel and Commissioner Maxwell) Update was given by Commissioner Maxwell. 21. City of Austin Buildings Working Group – Update regarding possible recommendations in relation to evaluating City of Austin public buildings and related facilities. (Sponsored by Chair Hempel, Vice-Chair Azhar, and Maxwell) No update was given. 22. Outreach and Procedures Working Group - Update regarding possible recommendations to the in relation to outreach and procedure to better inform the public regarding matters reviewed and discussed by the Planning Commission. (Sponsored by Commissioners Cox, Haynes, and Phillips) No update was given. 23. 2024 Technical Building Code Updates Working Group – Update on discussions on proposed technical code updates and amendments (Sponsors: Commissioners Maxwell, Cox, Anderson, Skidmore, and Johnson) No update was given. FUTURE AGENDA ITEMS None. Chair Hempel adjourned the meeting at 8:52 p.m. without objection.