Planning Commission Meeting Minutes July 23, 2024 — original pdf

Approved Minutes

PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, JULY 23, 2024 The Planning Commission convened in a regular meeting on Tuesday, July 23, 2024, at Austin City Hall, Council Chambers, Room 1001, 301 W. Second Street, Austin, TX. Vice Chair Azhar called the Planning Commission meeting to order at 6:05 p.m. Commissioners in Attendance: Awais Azhar Greg Anderson Nadia Barrera-Ramirez Adam Haynes Ryan Johnson Felicity Maxwell Alberta Phillips Alice Woods Commissioners in Attendance Remotely: Grayson Cox Patrick Howard Jennifer Mushtaler Commissioners absent: Claire Hempel Danielle Skidmore Ex-Officio Members in Attendance: Jessica Cohen Ex-Officio Members in Attendance Remotely: None PUBLIC COMMUNICATION None. APPROVAL OF MINUTES 1. Approve the minutes of the Planning Commission regular meeting on June 25, 2024, and July 9, 2024. The minutes from the meeting of 06/25/2024 and 07/09/2024 were approved on the consent agenda on Commissioner Woods’ motion, Commissioner Johnson’s second, on a 10-0-1 vote. Those voting aye were Vice Chair Azhar and Commissioner’s Anderson, Barrera-Ramirez, Cox, Howard, Maxwell, Haynes, Johnson, Phillips, and Woods. Commissioner Mushtaler abstained. Chair Hempel and Commissioner Skidmore were absent. PUBLIC HEARINGS 2. 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 NP 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 September 10, 2024 Maureen Meredith, 512-974-2695, maureen.meredith@austintexas.gov Planning Department The motion to approve Staff’s postponement request to September 10, 2024, was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Johnson’s second, on a 10-0-1 vote. Those voting aye were Vice Chair Azhar and Commissioner’s Anderson, Barrera-Ramirez, Cox, Howard, Maxwell, Haynes, Johnson, Phillips, and Woods. Commissioner Mushtaler abstained. Chair Hempel and Commissioner Skidmore were absent.  Plan Amendment: NPA-2023-0014.03 - 4302 Nuckols Crossing; District 2 Location: 4302 Nuckols Crossing, Williamson Creek Watershed; Southeast Combined NP Area (Franklin Park) NP 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 September 10, 2024 Maureen Meredith, 512-974-2695, maureen.meredith@austintexas.gov Planning Department The motion to approve Staff’s postponement request to September 10, 2024, was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Johnson’s second, on a 10-0-1 vote. Those voting aye were Vice Chair Azhar and Commissioner’s Anderson, Barrera-Ramirez, Cox, Howard, Maxwell, Haynes, Johnson, Phillips, and Woods. Commissioner Mushtaler abstained. Chair Hempel and Commissioner Skidmore were absent. Plan Amendment: NPA-2023-0025.02 - 5524 W. US Hwy 290; District 8 Location: 5524 W US 290 HWY WB, Barton Springs Zone Watershed; Oak Hill Combined (East Oak Hill) NP Area Owner/Applicant: House of 8, LLC Agent: Request: Staff Rec.: Staff: Armbrust & Brown, PLLC (Jewels Cain) Neighborhood Commercial to Mixed Use land use Applicant indefinite postponement request Maureen Meredith, 512-974-2695, maureen.meredith@austintexas.gov Planning Department The motion to approve the Applicant’s indefinite postponement request was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Johnson’s second, on a 10-0-1 vote. Those voting aye were Vice Chair Azhar and Commissioner’s Anderson, Barrera-Ramirez, Cox, Howard, Maxwell, Haynes, Johnson, Phillips, and Woods. Commissioner Mushtaler abstained. Chair Hempel and Commissioner Skidmore were absent. Plan Amendment: NPA-2024-0024.01 - 2700 Gracy Farms Lane; District 7 Location: 2700 & 2700 1/2 Gracy Farms Lane, Walnut Creek Watershed; North Burnet/Gateway NP Area; North Burnet/Gateway NP Area Owner/Applicant: KREA, LLC Agent: Request: Staff Rec.: Staff: Drenner Group, PC (Amanda Swor) Mixed Use to High Density Mixed Use land use Staff postponement request to August 13, 2024 Maureen Meredith, 512-974-2695, maureen.meredith@austintexas.gov Planning Department The motion to approve Staff’s postponement request to August 13, 2024, was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Johnson’s 3. 4. 5. second, on a 10-0-1 vote. Those voting aye were Vice Chair Azhar and Commissioner’s Anderson, Barrera-Ramirez, Cox, Howard, Maxwell, Haynes, Johnson, Phillips, and Woods. Commissioner Mushtaler abstained. Chair Hempel and Commissioner Skidmore were absent. 6. Rezoning: Location: C14-2024-0005 - 2700 Gracy Farms; District 7 2700 Gracy Farms Lane and 2700 ½ Gracy Farms Lane, Walnut Creek; North Burnet/Gateway NP; North Burnet/Gateway NP Owner/Applicant: KREA, LLC Agent: Request: Staff Rec.: Staff: Drenner Group, PC (Amanda Swor) NBG-NR-NP to NBG-CMU-Midway(CMU-M)-NP Staff postponement request to August 13, 2024 Sherri Sirwaitis, 512-974-3057, sherri.sirwaitis@austintexas.gov Planning Department The motion to approve Staff’s postponement request to August 13, 2024, was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Johnson’s second, on a 10-0-1 vote. Those voting aye were Vice Chair Azhar and Commissioner’s Anderson, Barrera-Ramirez, Cox, Howard, Maxwell, Haynes, Johnson, Phillips, and Woods. Commissioner Mushtaler abstained. Chair Hempel and Commissioner Skidmore were absent. 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) NP 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. Applicant postponement request to September 10, 2024 Tyler Tripp, 512-974-3362, tyler.tripp@austintexas.gov Planning Department Staff Rec.: Staff: The motion to approve the Applicant’s postponement request to September 10, 2024, was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Johnson’s second, on a 10-0-1 vote. Those voting aye were Vice Chair Azhar and Commissioner’s Anderson, Barrera-Ramirez, Cox, Howard, Maxwell, Haynes, Johnson, Phillips, and Woods. Commissioner Mushtaler abstained. Chair Hempel and Commissioner Skidmore were absent. 7. 8. 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' Applicant postponement request to September 10, 2024 Jonathan Tomko, (512) 974-1057, jonathan.tomko@austintexas.gov Planning Department Staff Rec.: Staff: The motion to approve the Applicant’s postponement request to September 10, 2024, was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Johnson’s second, on a 10-0-1 vote. Those voting aye were Vice Chair Azhar and Commissioner’s Anderson, Barrera-Ramirez, Cox, Howard, Maxwell, Haynes, Johnson, Phillips, and Woods. Commissioner Mushtaler abstained. Chair Hempel and Commissioner Skidmore were absent. 9. Plan Amendment: NPA-2024-0025.01 - 8900 and 8956 W SH HWY 71 Multifamily; Location: District 8 8900 and 8956 W SH 71, Williamson Creek Watershed; Oak Hill Combined Neighborhood Plan (West Oak Hill) Owner/Applicant: Marx Family Property, LLC, a Texas limited liability company Agent: Request: Staff Rec.: Staff: Dubois Bryant & Campbell, LLP (David Hartman) Rural Residential to Multifamily Residential land use Recommended Maureen Meredith, 512-974-2695, maureen.meredith@austintexas.gov Planning Department The public hearing was closed on Commissioner Johnson’s motion, Commissioner Maxwell’s second, on an 11-0 vote. Chair Hempel and Commissioner Skidmore were absent. The motion to approve Staff’s recommendation of Multifamily Residential land use for NPA-2024-0025.01 - 8900 and 8956 W SH HWY 71 Multifamily located at 8900 and 8956 W SH 71 was approved on Commissioner Johnson’s motion, Commissioners Maxwell’s second on an 8-1-2 vote. Those voting aye were Vice Chair Azhar and Commissioner’s Anderson, Barrera-Ramirez, Haynes, Howard, Johnson, Maxwell, and Woods. Commissioner Phillips voted no. Commissioners Cox and Mushtaler abstained. Chair Hempel and Commissioner Skidmore were absent. 10. Rezoning: Location: C14-2024-0032 - 8900 and 8956 W SH HWY 71 Multifamily; District 8 8900 and 8956 W SH 71, Williamson Creek Watershed; Oak Hill Combined Neighborhood Planning Area (West Oak Hill) Owner/Applicant: Marx Family Property, LLC, Agent: Request: Staff Rec.: Staff: Dubois Bryant & Campbell, LLP (David Hartman) AG-NP to MF-4-NP Recommended Cynthia Hadri, 512-974-7620, cynthia.hadri@austintexas.gov Planning Department The public hearing was closed on Commissioner Johnson’s motion, Commissioner Maxwell’s second, on an 11-0 vote. Chair Hempel and Commissioner Skidmore were absent. The motion to extend the meeting to midnight was approved on Commissioner Anderson’s motion, Vice Chair Azhar’s second, on a 7-3 vote. Those voting aye were Vice Chair Azhar and Commissioners Anderson, Barrera-Ramirez, Howard, Johnson, Maxwell, and Woods. Those voting nay were Commissioners Haynes, Phillips, and Mushtaler. Commissioner Cox was off the dais. Chair Hempel and Commissioner Skidmore were absent. The motion to approve Staff’s recommendation of MF-4-NP for C14-2024-0032 - 8900 and 8956 W SH HWY 71 Multifamily located at 8900 and 8956 W SH 71 was approved on Commissioner Johnson’s motion, Commissioners Maxwell’s second on an 8-1-2 vote. Those voting aye were Vice Chair Azhar and Commissioner’s Anderson, Barrera- Ramirez, Haynes, Howard, Johnson, Maxwell, and Woods. Commissioner Phillips voted no. Commissioners Cox and Mushtaler abstained. Chair Hempel and Commissioner Skidmore were absent. Location: Plan Amendment: NPA-2023-0005.01 - Montopolis-Fairway Mixed Use; District 3 6202, 6204 Caddie Street; 1600, 1604, 1606, 1608, 1610, 1612, and 1614 Montopolis Drive; 6205, 6211, 6215 Fairway Street, Country Club East Watershed; Montopolis Neighborhood Plan Owner/Applicant: 3rd Angle Developments LLC & 1614 Montopolis LLC (Ben S. Agent: Request: Staff Rec.: Staff: Cobos) Thrower Design, LLC (Ron Thrower & Victoria Haase) Single Family and Civic to Mixed Use Recommended Maureen Meredith, 512-974-2695, maureen.meredith@austintexas.gov Planning Department The motion to approve the Applicant’s postponement request to August 13, 2024, was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Johnson’s second, on a 10-0-1 vote. Those voting aye were Vice Chair Azhar and Commissioner’s Anderson, Barrera-Ramirez, Cox, Howard, Maxwell, Haynes, Johnson, Phillips, and Woods. Commissioner Mushtaler abstained. Chair Hempel and 11. Commissioner Skidmore were absent. 12. Rezoning: Location: C14-2024-0015 - Montopolis-Fairway Mixed Use; District 3 6202, 6204 Caddie Street; 1600, 1604, 1606, 1608, 1610, 1612, and 1614 Montopolis Drive; 6205, 6211, 6215 Fairway Street, Country Club East Watershed; Montopolis Neighborhood Plan Owner/Applicant: 3rd Angle Developments LLC & 1614 Montopolis LLC (Ben S. Agent: Request: Staff Rec.: Staff: Cobos) Thrower Design, LLC (Ron Thrower & Victoria Haase) SF-3-NP & GR-NP to CS-DB90-NP Recommendation of GR-DB90-NP Cynthia Hadri, 512-974-7620, cynthia.hadri@austintexas.gov Planning Department The motion to approve the Applicant’s postponement request to August 13, 2024, was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Johnson’s second, on a 10-0-1 vote. Those voting aye were Vice Chair Azhar and Commissioner’s Anderson, Barrera-Ramirez, Cox, Howard, Maxwell, Haynes, Johnson, Phillips, and Woods. Commissioner Mushtaler abstained. Chair Hempel and Commissioner Skidmore were absent. 13. Location: Plan Amendment: NPA-2023-0010.02 - East 2nd Street - 2300 Block; District 3 109, 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; Holly Neighborhood Plan Owner/Applicant: Patrica Ann Pope; LaFayette 2109, LLC; and Isdale Investments, Agent: Request: Staff Rec.: Staff: 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 public hearing was closed on Commissioner Phillip’s motion, Commission Woods’ second on an 11-0 vote. Chair Hempel and Commissioner Skidmore were absent. The motion to approve Staff’s recommendation of Mixed Use land use for NPA-2023- 0010.02 - East 2nd Street - 2300 Block located at 109, 111, 113 Mildred Street and 2305, 2307 E. 2nd Street (Unit A), 2307 E. 2nd Street (Unit B), 2311 E. 2nd Street was approved on Commissioner Johnson’s motion, Commissioner Maxwell’s second on a 10-0-1 vote. Commsisioner Barrera-Ramirez abstained. Chair Hempel and Commissioner Skidmore were absent. 14. 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: Staff Rec.: Staff: 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- MU-NP to CS-MU-V-DB90-NP (as amended) Recommended Jonathan Tomko, 512-974-1057, jonathan.tomko@austintexas.gov Planning Department The public hearing was closed on Commissioner Phillip’s motion, Commission Woods’ second on an 11-0 vote. Chair Hempel and Commissioner Skidmore were absent. The motion to approve Staff’s recommendation of CS-MU-V-DB90-NP (as amended) for C14-2024-0027 - East Cesar Chavez - 2300 Block located at 2300-2328 East Cesar Chavez Street was approved on Commissioner Johnson’s motion, Commissioner Maxwell’s second on a 10-0-1 vote. Commsisioner Barrera-Ramirez abstained. Chair Hempel and Commissioner Skidmore were absent. 15. PUD Amendment: Location: C814-2014-0083.01 - Sunfield PUD 1901 Turnersville Road, Rinard Creek, Onion Creek, Plum Creek Watershed Owner/Applicant: Sunfield Investments LLC; Sunfield Development LLC (Ryan Agent: Request: Staff Rec.: Staff: Burkhardt) Jackson Walker LLP (Pamela Madere) Amendment to permit industrial uses, reconfigure the location & massing of affordable housing units within residential portions of the PUD, increase impervious cover, request modifications to cut & fill requirements, and update provisions for water servic Staff postponement request to August 13, 2024 Nancy Estrada, 512-974-7617, nancy.estrada@austintexas.gov Planning Department The motion to approve Staff’s postponement request to August 13, 2024, was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Johnson’s second, on a 10-0-1 vote. Those voting aye were Vice Chair Azhar and Commissioner’s Barrera-Ramirez, Cox, Howard, Maxwell, Haynes, Johnson, Phillips, and Woods. Commissioner Anderson recused due to a conflict of interest. Commissioner Mushtaler abstained. Chair Hempel and Commissioner Skidmore were absent. 16. Rezoning: Location: C14-2024-0088 - OTX Design; District 5 1907 Forestglade Drive, Williamson Creek Watershed; South Austin Combined (South Menchaca) Neighborhood Plan Owner/Applicant: Destino View, LLC Agent: Request: Staff Rec.: Staff: Jessica Cotsonas SF-3 to LO-MU-NP Recommended Beverly Villela, 512-978-0740, beverly.villela@austintexas.gov Planning Department The motion to approve Staff’s postponement request to August 13, 2024, was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Johnson’s second, on a 10-0-1 vote. Those voting aye were Vice Chair Azhar and Commissioner’s Anderson, Barrera-Ramirez, Cox, Howard, Maxwell, Haynes, Johnson, Phillips, and Woods. Commissioner Mushtaler abstained. Chair Hempel and Commissioner Skidmore were absent. 17. Rezoning: Location: C14-2023-0094 - Merle; District 5 4405 Merle Drive, Williamson Creek Watershed; South Austin Combined (South Menchaca) Neighborhood Plan Owner/Applicant: Claire G. Subtle Agent: Request: Staff Rec.: Staff: Keepers Land Planning (Ricca Keepers) LO-NP to GR-V-NP Staff postponement request to September 10, 2024 Nancy Estrada, 512-974-7617, nancy.estrada@austintexas.gov Planning Department The motion to approve Staff’s postponement request to September 10, 2024, was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Johnson’s second, on a 10-0-1 vote. Those voting aye were Vice Chair Azhar and Commissioner’s Anderson, Barrera-Ramirez, Cox, Howard, Maxwell, Haynes, Johnson, Phillips, and Woods. Commissioner Mushtaler abstained. Chair Hempel and Commissioner Skidmore were absent. Rezoning: Location: C14-2023-0146 - 2130 Goodrich Avenue; District 5 2130 Goodrich Avenue, West Bouldin Creek, South Lamar Combined Neighborhood Planning Area (Zilker) Owner/Applicant: Heartwood Real Estate Company (2130 Goodrich Ave Partners LP) Agent: Request: Staff Rec.: Staff: Drenner Group, PC (Leah Bojo) CS-MU-CO to CS-MU-V-CO-DB90 Recommended Cynthia Hadri, 512-974-7620, cynthia.hadri@austintexas.gov Planning Department The motion to approve Staff’s recommendation of CS-MU-V-CO-DB90 for C14-2023- 0146 - 2130 Goodrich Avenue located at 2130 Goodrich Avenue was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Johnson’s second, on a 10-0-1 vote. Those voting aye were Vice Chair Azhar and Commissioner’s Anderson, Barrera-Ramirez, Cox, Howard, Maxwell, Haynes, Johnson, Phillips, and Woods. 18. Commissioner Mushtaler abstained. Chair Hempel and Commissioner Skidmore were absent. 19. Rezoning: Location: C14-2024-0080 - 5931 Dillard Circle Rezoning; District 4 5931 & 6003 1/2 Dillard Circle, Waller Creek & Tannehill Branch Watershed; Highland Neighborhood Planning Area Owner/Applicant: Montwalk Holdings LTD Agent: Request: Staff Rec.: Staff: HD Brown Consulting (Amanda Brown) CS-MU-V-CO-NP to CS-MU-V-CO-DB90-NP Neighborhood postponement request to August 13, 2024 Cynthia Hadri, 512-974-7620, cynthia.hadri@austintexas.gov Planning Department The motion to approve the Neighborhood’s postponement request to August 13, 2024, was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Johnson’s second, on a 10-0-1 vote. Those voting aye were Vice Chair Azhar and Commissioner’s Anderson, Barrera-Ramirez, Cox, Howard, Maxwell, Haynes, Johnson, Phillips, and Woods. Commissioner Mushtaler abstained. Chair Hempel and Commissioner Skidmore were absent. Conditional Use: SPC-2024-0113A - 2200 Manor Road Cocktail Lounge; District 9 2200 Manor Rd, Boggy Creek Watershed; Upper Boggy Creek Location: Owner/Applicant: McElroy Building Company, Inc. Victoria Haase (Thrower Design) Agent: Conditional use permit for a cocktail lounge use within an existing Request: building. Recommended Kate Castles, 512-978-4555, kate.castles@austintexas.gov Development Services Department Staff Rec.: Staff: The motion to approve Staff’s recommendation for a conditional use permit for a cocktail lounge use within an existing building for SPC-2024-0113A - 2200 Manor Road Cocktail Lounge located at 2200 Manor Rd was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Johnson’s second, on a 9-0-2 vote. Those voting aye were Vice Chair Azhar and Commissioner’s Anderson, Barrera-Ramirez, Cox, Howard, Maxwell, Haynes, Phillips, and Woods. Commissioner’s Johnson and Mushtaler abstained. Chair Hempel and Commissioner Skidmore were absent. 20.  21. Conditional Use and Environmental Variance: Location: SPC-2023-0110C - Stassney Park; District 2 22. Hill Country Roadway: Location: 6200 E Stassney Ln, Williamson Creek Watershed; McKinney Neighborhood Plan Area Owner/Applicant: Brookfield Properties LLC Nick Brown (Kimley-Horn) Agent: Conditional use to exceed a height of 25' but no greater than 35' per Request: section 25-2-584; Request to vary LDC 25-8-341 to allow cut up to 24 feet; Request to vary LDC 25-8-342 to allow fill up to 23 feet; Request to vary LDC 25-8-301 to allow driveway construction. Recommended Alyse Ramirez, 512-978-1750, alyse.ramirez@austintexas.gov Mike McDougal, 512-974-6380, mike.mcdougal@austintexas.gov Development Services Department Staff Rec.: Staff: The motion to approve the Neighborhood’s postponement request to August 27, 2024, was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Johnson’s second, on a 10-0-1 vote. Those voting aye were Vice Chair Azhar and Commissioner’s Anderson, Barrera-Ramirez, Cox, Howard, Maxwell, Haynes, Johnson, Phillips, and Woods. Commissioner Mushtaler abstained. Chair Hempel and Commissioner Skidmore were absent. SPC-2024-0162C.SH - Sunset Ridge Apartments; District 8 8413 Southwest Parkway, Barton Creek, Williamson Creek; West Oak Hill Owner/Applicant: Armburst & Brown, PLLC Kendyl Saul (Kimley-Horn) Agent: Approval of a site plan located within the Low Intensity Zone of the Request: Southwest Parkway Hill Country Roadway Corridor. Recommended Chris Sapuppo, 512-978-4556, chris.sapuppo@austintexas.gov Kate Castles, 512-978-4555, kate.castles@austintexas.gov Development Services Department Staff Rec.: Staff: The public hearing was closed on Commissioner Anderson’s motion, Commission Maxwell’s second on an 10-0 vote. Commissioner Mushtaler was off the dais. Chair Hempel and Commissioner Skidmore were absent. The motion to approve Staff’s recommendation of a site plan located within the Low Intensity Zone of the Southwest Parkway Hill Country Roadway Corridor for SPC- 2024-0162C.SH - Sunset Ridge Apartments located at 8413 Southwest Parkway was approved on Commissioner Anderson’s motion, Commissioner Johnson’s second on an 8-0-1 vote. Commissioner Cox abstained. Commissioners Phillips and Mushtaler were off the dais. Chair Hempel and Commissioner Skidmore were absent. C8-2023-0259 - Bridle Ridge at Wildhorse Ranch Preliminary Environmetal Plan; District 1 Variance: Location: 10501 Blue Bluff Rd, Gilleland Creek Watershed Owner/Applicant: Heart of Manor, L.P. (Peter A. Dwyer, Manager) Agent: Request: Kevin J. Burks, P.E. (Kimley-Horn) A Land Use Commission variance is requested to LDC 25-8-341 & 25-8-342 to allow cut and fill over 4' to a maximum of 15'. Recommended Joey de la Garza, 512-974-2664, joey.delagarza@austintexas.gov Pamela Abee-Taulli, 512-974-1879, pamela.abee- taulli@austintexas.gov Development Services Department Staff Rec.: Staff: The motion to approve Staff’s recommendation of A Land Use Commission variance that is requested to LDC 25-8-341 & 25-8-342 to allow cut and fill over 4' to a maximum of 15 'for C8-2023-0259 - Bridle Ridge at Wildhorse Ranch Preliminary Plan located at 10501 Blue Bluff Road was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Johnson’s second, on a 10-0-1 vote. Those voting aye were Vice Chair Azhar and Commissioner’s Anderson, Barrera-Ramirez, Cox, Howard, Maxwell, Haynes, Johnson, Phillips, and Woods. Commissioner Mushtaler abstained. Chair Hempel and Commissioner Skidmore were absent. 24. LDC Amendment: Request: Staff Rec.: Staff: C20-2024-011 - DB90 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; apply amendments to property with DB90 zoning. Recommended Paul Ray Books, 512-974-3173, Paul.Books@austintexas.gov Planning Department The public hearing was closed on Commissioner Anderson’s motion, Commission Maxwell’s second on an 11-0 vote. Chair Hempel and Commissioner Skidmore were absent. The motion to amend the language in subsection B of the DB90 Revisions Draft Ordinance to state “This section governs over a conflicting provision of this title or other ordinance except for a conditional overlay passed by Council as part of a property's most current zoning ordinance,” failed on Commissioner Cox’s motion, Commissioner Phillip’s second on a 5-6 vote. Those voting aye were Commissioners Barrera-Ramirez, Cox, Haynes, Mushtaler, and Phillips. Those voting nay were Vice Chair Azhar and Commissioners Anderson, Howard, Johnson, Maxwell, and Woods. Chair Hempel and Commissioner Skidmore were absent. 23. The motion to amend the language in subsection E (1) and E (2) of the DB90 Revisions Draft Ordinance to add three additional sub-subsections that state for E (1) “(c) An owner of a residential affordable unit meeting the criteria of this subsection may lease the unit for less than 30 days a year only after a public hearing required by Section 4-18-23. (d) An owner of a residential affordable unit meeting the criteria of this subsection may lease the unit for more than 30 days a year if the proposed occupancy is by households earning 50 percent or less of the current Austin-Round Rock Metropolitan Statistical Area Median Family Income as determined by the Housing director,” and for E (2) “(c) An owner of, or an occupant leasing, an affordable unit meeting the criteria of this subsection may only lease or sublease the unit for less than 30 days a year only after a public hearing required by Section 4-18-33,” was withdrawn on Commissioner Haynes’ motion and Commissioner Cox’s second. The substitute motion to amend sub-subsection C of Proposed Haynes Amendment #1 to state “(c) An owner of a residential affordable unit meeting the criteria of this subsection may lease the unit for more than 30 days a year only after a public hearing required by Section 4-18-23,” failed on Commissioner Phillips motion, Commissioner Cox’s second on a 3-6-2 vote. Those voting aye were Commissioners Cox, Haynes, and Phillips. Those voting nay were Vice Chair Azhar and Commissioners Anderson, Barrera-Ramirez, Howard, Johnson, and Maxwell. Commissioners Mushtaler and Woods abstained. Chair Hempel and Commissioner Skidmore were absent. The motion to amend the language in subsection B (2) of the DB90 Revisions Draft Ordinance to state “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,” was approved on Vice Chair Azhar’s motion, Commissioner Woods second, on an 11-0 vote. Chair Hempel and Commissioner Skidmore were absent. The motion to amend the language in subsection G (5) of the DB90 Revisions Draft Ordinance to state “Mechanical equipment may not produce sound in excess of 45 decibels measure at the site’s property line or alleyway that is shared with a triggering property,” was approved on Vice Chair Azhar’s motion, Commissioner Woods second, on an 11-0 vote. Chair Hempel and Commissioner Skidmore were absent. The motion to amend the language in subsection E (1)(b) of the DB90 Revisions Draft Ordinance to state that “An applicant for a proposed owner-occupied housing development may elect to meet the affordability requirement without providing income-restricted units onsite by paying a fee in-lieu to the Housing Trust Fund. At a minimum the fee-in-lieu shall be equivalent to one hundred and twenty-five percent (125%) of the required percentage of the total residential units, including the mix of bedrooms required, at the rate set in the fee schedule at the time of final site plan submission,” failed on Commissioner Haynes’ motion and Commissioner Cox’s second on a 3-3-5 vote. Those voting aye were Commissioners Cox, Haynes and Mushtaler. Those voting nay were Commissioners Anderson, Howard, and Maxwell. Vice Chair Azhar and Commissioners Barrera-Ramirez, Johnson, Phillips, and Woods abstained. Chair Hempel and Commissioner Skidmore were absent. The motion to extend the round of amendments by 2 failed on Commissioners Haynes’ motion, Commissioner Woods second on a 6-4-1 vote. Those voting aye were Commissioners Barrera-Ramirez, Cox, Haynes, Johnson, Phillips, and Woods. Those voting nay were Vice Chair Azhar and Commissioners Anderson, Howard, and Maxwell. Commissioner Mushtaler abstained. Chair Hempel and Commissioner Skidmore were absent. The substitute motion to approve Staff’s recommendation to 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; apply amendments to property with DB90 zoning, including the Azhar amendment, the Mushtaler amendment, and the Proposed Haynes Amendment #3 failed on Commissioner Haynes’ motion, Commissioner Cox’s second on a 5-6 vote. Those voting aye were Commissioners Barrera-Ramirez, Cox, Haynes, Phillips, and Mushtaler. Those voting nay were Vice Chair Azhar and Commissioners Anderson, Howard, Johnson, Maxwell, and Woods. Chair Hempel and Commissioner Skidmore were absent. The motion to approve Staff’s recommendation to 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; apply amendments to property with DB90 zoning as ammended, including the Azhar and Mushtaler amendments, was approved on Commissioner Woods’ motion, Commissioner Maxwell’s second on a 10-1 vote. Those voting aye were Vice Chair Azhar and Commissioners Anderson, Barrera-Ramirez, Haynes, Howard, Johnson, Maxwell, Mushtaler, Phillips, and Woods. Commissioner Cox voted nay. Chair Hempel and Commissioner Skidmore were absent. DISCUSSION AND ACTION ITEMS 25. Discussion and action to approve a recommendation to Council for the FY24-25 budget. Sponsors: Commissioners Maxwell and Woods. The motion to approve the recommendation to Council for the FY24-25 budget was approved on Vice Chair Azhar’s motion, Commissioner Maxwell’s second on a 9-0 vote. Commissioners Phillips and Mushtaler were off the dais. Chair Hempel and Commissioner Skidmore were absent. Select a primary and alternate representative to serve on the Joint Sustainability Committee. Sponsors: Commissioners Maxwell and Woods. The motion to postpone to August 13, 2024, was approved on Vice Chair Azhar’s motion, Commissioner Maxwell’s second on a 9-0 vote. Commissioners Phillips and Mushtaler were off the dais. Chair Hempel and Commissioner Skidmore were absent. 26. 27. Discussion and action to amend the bylaws and rules of procedure to adopt a deadline for posting backup. Sponsors: Commissioners Barrera-Ramirez and Mushtaler. The motion to add the word backup to the bylaws motioned by Commissioner Barrera-Ramirez, seconded by Commissioner Mushtaler was withdrawn. The substitute motion to amend the bylaws and rules of procedure to have staff reports and recommendations must be posted 72 hours before the meeting date failed on Commissioner Mushtaler’s motion, Commissioner Barrera-Ramirez’s second on a 6-5 vote. Those voting aye were Commissioners Barrera-Ramirez, Cox, Haynes, Johnson, Phillips, and Mushtaler. Those voting nay were Vice Chair Azhar and Commissioners Anderson, Howard, Maxwell, and Woods. Chair Hempel and Commissioner Skidmore were absent. The motion to amend the bylaws and rules of procedure to have backup posted 72 hours before the meeting date failed on Commissioner Barrera-Ramirez’s motion, Commissioner Mushtaler’s second on a 5-5-1 vote. Those voting aye were Commissioners Barrera-Ramirez, Cox, Haynes, Phillips, and Mushtaler. Those voting nay were Vice Chair Azhar and Commissioners Anderson, Howard, Maxwell, and Woods. Commissioner Johnson abstained. Chair Hempel and Commissioner Skidmore were absent. Discussion and action to approve the Annual Internal Review and Report. The motion to submit edits for the Annual Internal Review and Report until 9 a.m. on July 26, 2024, was approved on Commissioner Haynes’ motion, Commissioner Woods’ second on a 9-0 vote. Commissioners Phillips and Mushtaler were off the dais. Chair Hempel and Commissioner Skidmore were absent. WORKING GROUP/COMMITTEE UPDATES 29. 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 Vice Chair Azhar. 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. 28. 30.  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. Small Area Planning Joint Committee – Update regarding recommendation and issues surrounding planning and zoning in areas such as downtown, corridors and centers, neighborhoods, transit-oriented the waterfront, planned unit developments, and developments. (Sponsored by Commissioners Barrera-Ramirez and Howard) No update was given. 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) No update was given. 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) Update was given by Vice Chair Azhar. 35. Outreach and Procedures Working Group 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. - Update 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) Update was given by Commissioner Maxwell. FUTURE AGENDA ITEMS 31. 32. 33. 34. 36.  Briefing on the notification process for public hearings. Sponsors: Commissioners Johnson and Woods. Discussion and action to establish a working group for governance to update the rules of procedure. Sponsors: Vice Chair Azhar and Commissioner Maxwell. Briefing on Wildland-Urban Interface Code. Sponsors: Vice Chair Azhar and Commissioner Maxwell. Vice Chair Azhar adjourned the meeting at 11:26 p.m. without objection. The minutes were approved at the September 24, 2024, meeting on Commissioner Johnson’s motion, Commissioner Woods’ second on an 10-0 vote. Commissioners Barrera- Ramirez, Howard and Maxwell were absent.