01 Draft Meeting Minutes October 8, 2024 — original pdf

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PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, OCTOBER 8, 2024 The Planning Commission convened in a regular meeting on Tuesday, October 8, 2024, at Austin City Hall, Council Chambers, Room 1001, 301 W. Second Street, Austin, TX. Chair Hempel called the Commission Meeting to order at 6:10 p.m. Commissioners in Attendance: Claire Hempel Awais Azhar Greg Anderson Nadia Barrera-Ramirez Casey Haney Adam Haynes Ryan Johnson Felicity Maxwell Alberta Phillips Danielle Skidmore Alice Woods Commissioners in Attendance Remotely: Grayson Cox Patrick Howard Ex-Officio Members in Attendance: Jessica Cohen Ex-Officio Members in Attendance Remotely: Candace Hunter  PUBLIC COMMUNICATION Paul Stables, Initiate a rezoning for a conditional use permit. Carol Philipson, Cell towers in endangered habitats. APPROVAL OF MINUTES 1. Approve the minutes of the regular meeting of the Planning Commission on September 24, 2024 The minutes from the meeting of September 24, 2024, were approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Maxwell’s second, on a 12-0 vote. Commissioner Phillips was off the dais. PUBLIC HEARINGS 2. Plan Amendment: NPA-2023-0018.06 - 6725 Shirley Avenue; District 4 Location: 6719, 6725 Shirley Avenue, 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 and to change the Live/Work Flex subdistrict to TOD Mixed Use subdistrict. The land use on the future land use map is Specific Regulating District. There is no proposed change to the future land use map. Recommended Maureen Meredith, 512-974-2695, maureen.meredith@austintexas.gov Planning Department Staff Rec.: Staff: The motion to approve Staff’s recommendation to change the base maximum building height from 60 feet to 120 feet with participation in the density bonus program and to change the Live/Work Flex subdistrict to TOD Mixed Use subdistrict. The land use on the future land use map is Specific Regulating District. There is no proposed change to the future land use map, for NPA-2023-0018.06 - 6725 Shirley Avenue, located at 6719, 6725 Shirley Avenue and 605 Williams Street, was approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Maxwell’s second, on a 12-0 vote. Commissioner Phillips was off the dais.  3. Rezoning: Location: C14-2023-0132 - 6725 Shirley Avenue; District 4 6719, 6725 Shirley Avenue, 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 Bojo) TOD-NP (Live/Work Flex Subdistrict) to TOD-NP (TOD Mixed Use Subdistrict) and to increase the maximum building height up to 120 feet through participation in a voluntary density bonus program. Recommended Jonathan Tomko, 512-974-1057, jonathan.tomko@austintexas.gov Planning Department Staff Rec.: Staff: The motion to approve Staff’s recommendation of TOD-NP (TOD Mixed Use Subdistrict) and to increase the maximum building height up to 120 feet through participation in a voluntary density bonus program, for C14-2023-0132- 6725 Shirley Avenue, located at 6725 Shirley Avenue 6719, 6725 Shirley Avenue, and 605 William Street, was approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Maxwell’s second, on a 12-0 vote. Commissioner Phillips was off the dais. 4. Plan Amendment: NPA-2024-0012.02 - 2002 Manor Road Neighborhood Plan Location: Amendment; District 9 2002 Manor Road, Boggy Creek Watershed; Upper Boggy Creek Neighborhood Planning Area Owner/Applicant: Colonnetta Family Partnership Agent: Request: Staff Rec.: Staff: Thrower Design, LLC (Victoria Haase and Ron Thrower) Commercial to Mixed Use land use Recommended Maureen Meredith, 512-974-2695, maureen.meredith@austintexas.gov Planning Department The motion to approve the Neighborhood’s postponement request to November 12, 2024, was approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Maxwell’s second, on a 12-0 vote. Commissioner Phillips was off the dais.  5. Rezoning: Location: C14-2024-0077 - 2002 Manor Road Rezoning; District 9 2002 Manor Road, Boggy Creek Watershed; Upper Boggy Creek Neighborhood Planning Area Owner/Applicant: Colonnetta Family Partnership Agent: Request: Staff Rec.: Staff: Thrower Design, LLC (Ron Thrower) CS-V-CO-NP to CS-V-DB90-CO-NP Recommended Jonathan Tomko, 512-974-1057, jonathan.tomko@austintexas.gov Planning Department The motion to approve the Neighborhood’s postponement request to November 12, 2024, was approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Maxwell’s second, on a 12-0 vote. Commissioner Phillips was off the dais. 6. Plan Amendment: NPA-2022-0010.02 - 2000 E. 6th Street and 2007 E. 7th Street; Location: District 3 1914, 2000 E 6TH ST and 1917, 1917 ½, 1923, 2007 E. 7th Street, Lady Bird Lake Watershed; Holly Neighborhod Planning Area Owner/Applicant: REG ATX 2000 E. 6th St., LTD Agent: Request: Staff Rec.: Staff: Armbrust & Brown, PLLC (Richard T. Suttle, Jr.) Mixed Use to Specific Regulating District land use Applicant request for indefinite postponement 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 Vice Chair Azhar’s motion, Commissioner Maxwell’s second, on a 12-0 vote. Commissioner Phillips was off the dais. 7. Plan Amendment: NPA-2022-0015.01 - Tracor Lane NPA; District 1 Location: 6211 ½, 6500, 6500 ½ 6502 ½, 6525 ½, 6540 Tracor Lane and 6515 ½, 6801, 6801 ½ FM 969 Road and 4209 1/2, 4525 Ed Bluestein Boulevard NB, Walnut Creek Watershed; East MLK Combined (MLK-183) Neighborhood Planning Area Owner/Applicant: Karlin Tracor Lane, LLC Agent: Request: Staff Rec.: Staff: Armbrust & Brown, PLLC (Richard T. Suttle, Jr.) Industry to Mixed Use land use Applicant request for indefinite postponement 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 Vice Chair Azhar’s motion, Commissioner Maxwell’s second, on a 12-0 vote. Commissioner Phillips was off the dais.  8. Rezoning: Location: C14-2023-0134 - 2201 Willow Creek Drive; District 3 2201 Willow Creek Drive, Country Club West Watershed; East Riverside/Oltorf Combined (Riverside) Neighborhood Planning Area Owner/Applicant: 2201 Willow RFOF V Etal; 2201 Willow LLC; 2201 Willow 123 LLC; JL Sofia LLC; TH 2201 Willow LLC; 2201 Willow Partners LLC Drenner Group, PC (Leah Bojo) MF-3 to GR-MU-V-DB90 Staff postponement request to October 22, 2024 Nancy Estrada, 512-974-7617, nancy.estrada@austintexas.gov Planning Department Agent: Request: Staff Rec.: Staff: 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 Maxwell’s second, on a 12-0 vote. Commissioner Phillips was off the dais. 9. Rezoning: Location: C14-2024-0048 - 1106 and 1110 East 30th Street; District 9 1106 and 1110 E. 30th Street, Waller Creek Watershed; Upper Boggy Creek Neighborhood Planning Area Owner/Applicant: Tom E. Sapp Agent: Request: Staff Rec.: Staff: Drenner Group, PC (Amanda Swor) SF-3-NP to CS-MU-V-CO-NP Staff postponement request to November 12, 2024 Jonathan Tomko, 512-974-1057, jonathan.tomko@austintexas.gov Planning Department The motion to approve Staff’s postponement request to November 12, 2024, was approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Maxwell’s second, on a 12-0 vote. Commissioner Phillips was off the dais. 10. Rezoning: Location: C814-06-0109.03 - Lakeshore PUD Amendment #3; District 3 2101-2407 1/2 South Lakeshore Blvd; 1201-1401 1/2 Tinnin Ford Rd; 2200-2518 Elmont Dr; 2200-2300 1/2 Waterloo City Ln; 1401- 1405 1/2 Violet Crown Ln; 2300-2316 1/2 Oracle Way,1201 and 1201 1/2 Lady Bird Ln, Lady Bird Lake and Country Club West Watersheds; East Riverside/Oltorf Combined (Riverside) Neighborhood Planning Area Armbrust & Brown, PLLC (Richard T. Suttle, Jr.) ERC and PUD-NP to PUD-NP (change conditions of zoning, including permitted uses, and site development regulations) Staff request for indefinite postponement Jonathan Tomko, 512-974-1057, jonathan.tomko@austintexas.gov Planning Department Owner/Applicant: Oracle America, Inc. Agent: Request: Staff Rec.: Staff: The motion to approve the Applicant’s indefinite postponement request was approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Maxwell’s second, on a 12-0 vote. Commissioner Phillips was off the dais.  11. Rezoning: Location: C14-2024-0097 - Ramirez .39; District 5 2056 West Stassney Lane, Williamson Creek Watershed; South Austin Combined (Westgate) Neighborhood Planning Area Owner/Applicant: Rosa Ramirez Agent: Request: Staff Rec.: Staff: Bennett Consulting (Rodney K. Bennett) GR-NP to GR-MU-NP Recommended Tiffany Magnavice, 512-978-0722, tiffany.magnavice@austintexas.gov Planning Department The motion to approve Staff’s recommendation of GR-MU-NP for C14-2024-0097 - Ramirez .39, located at 2056 West Stassney Lane was approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Maxwell’s second, on a 12-0 vote. Commissioner Phillips was off the dais. 12. Historic zoning: Location: C14H-2024-0115 - Frieda and Walter Bohn House; District 9 906 W. 17th St., Shoal Creek Watershed; Downtown Austin Plan (Judges Hill District) Owner/Applicant: Bob Swaffar Phoebe Allen Agent: SF-3 to SF-3-H Request: Staff Rec.: Recommended Kalan Contreras, 512-974-2727, kalan.contreras@austintexas.gov Staff: Planning Department The motion to approve Staff’s recommendation of SF-3-H for C14H-2024-0115 - Frieda and Walter Bohn House, located at 906 W. 17th St., Shoal Creek was approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Maxwell’s second, on a 12-0 vote. Commissioner Phillips was off the dais. 13. Historic zoning: Location: C14H-2024-0136 - East End Saloon/1500 Club and 1500 Beauty and Barber Shop 1500 E. 12th Street, Boggy Creek Watershed; Central East Austin Neighborhood Planning Area Owner/Applicant: Applicant: Historic Landmark Commission (owner-opposed) Agent: Request: Staff Rec.: Staff: Owner: Eureka Holdings/SODOSOPA SALMON LP Nick Sandlin CS-MU-NCCD-NP to CS-MU-H-NCCD-NP Recommended Kalan Contreras, 512-974-2727, kalan.contreras@austintexas.gov Planning Department The public hearing was closed on Commissioner Johnson’s motion, Commissioner Maxwell’s second, on a 12-0 vote. Commissioner Phillips was off the dais.  Amendment: Request: Staff Rec.: Staff: Amendment: Request: Staff Rec.: Staff: The motion to approve Staff’s recommendation of CS-MU-H-NCCD-NP but limit the zoning to the footprint of the original structure for C14H-2024-0136 - East End Saloon/1500 Club and 1500 Beauty and Barber Shop, located at 1500 E. 12th Street was approved on Commissioner Cox’ motion, Commissioner Anderson second, on a 13-0 vote. 14. LDC C20-2023-045 - Site Plan Lite Phase 2 & Infill Lots Amend City Code Title 25 related to development regulations applicable to residential re-subdivisions and to multi-family residential site development of five to sixteen units. Recommended Brent Lloyd, 512-974-2974, brent.lloyd@austintexas.gov Development Services Department The motion to approve the Planning Commission’s postponement request to October 22, 2024, was approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Maxwell’s second, on a 12-0 vote. Commissioner Phillips was off the dais. 15. LDC C20-2024-017 - Planned Development Area 2 (PDA2) Amend City Code Title 25 (Land Development) to create a new combining district, to be known as Planned Development Area 2, that will apply in industrial base zoning districts and allow for modifications to site development regulations (including height), off-street parking design and loading regulations, sign regulations, landscaping or screening regulations, and additional non-residential uses; and ending the acceptance of zoning and rezoning applications to combine planned development area (PDA) combining district with certain base zones. Recommended Alan Pani, 512-974-8084, alan.pani@austintexas.gov Planning Department The public hearing was closed on Commissioner Wood’s motion, Commissioner Haynes’ second, on a 12-0 vote. Commissioner Phillips was off the dais. The motion to postpone to November 12, 2024, failed on Commissioner Haynes’ motion, Commissioner Phillips’ second, on a 6-3-4 vote. Those voting aye were Commissioners Barrera-Ramirez, Cox, Haney, Haynes, Howard, and Phillips. Those voting nay were Chair Hempel and Commissioners Anderson and Maxwell. Vice Chari Azhar and Commissioners Johnson, Skidmore, and Woods abstained. The motion to allow Commissioners to ask 3 more questions was approved on Chair Hempel’s motion on Commissioner Barrera-Ramirez’s second, on a 13-0 vote.  loading regulations, sign regulations, There was a motion by Commissioner Anderson, seconded by Commissioner Johnson, to approve Staff’s recommendation to amend City Code Title 25 (Land Development) to create a new combining district, to be known as Planned Development Area 2, that will apply in industrial base zoning districts and allow for modifications to site development regulations (including height), off-street parking design and landscaping or screening regulations, and additional non-residential uses; and ending the acceptance of zoning and rezoning applications to combine planned development area (PDA) combining district with certain base zones, with the Codes and Ordinances Joint Committee recommendations, for C20-2024-017 - Planned Development Area 2 (PDA2). The substitute motion to postpone to October 22, 2024, approved on Commissioner Maxwell’s motion, Commissioner Haney’s second, on an 8-4-1 vote. Those voting aye were, Chair Hempel, Vice Chair Azhar, and Commissioners Cox, Haney, Howard, Maxwell, Skidmore, and Woods. Those voting nay were Commissioners Anderson, Haynes, Johnson, and Phillips. Commissioner Barrera-Ramirez abstained. 16. LDC Amendment: Request: Staff Rec.: Staff: C20-2024-022 - Density Bonus for Commercial Highway & Industrial Zones Amend City Code Title 25 (Land Development) to create a new density bonus combining district for commercial highway and industrial base zoning districts that will modify uses (including allowing residential use); and modifications of site development regulations (including height), off-street parking design and loading regulations, sign regulations, landscaping or screening regulations in exchange for providing community benefits, including income restricted units or providing a fee-in-lieu. Recommended Alan Pani, 512-974-8084, alan.pani@austintexas.gov Planning Department The public hearing was closed on Commissioner Wood’s motion, Commissioner Haynes’ second, on a 12-0 vote. Commissioner Phillips was off the dais. The motion to postpone to November 12, 2024, failed on Commissioner Haynes’ motion, Commissioner Phillips’ second, on a 6-3-4 vote. Those voting aye were Commissioners Barrera-Ramirez, Cox, Haney, Haynes, Howard, and Phillips. Those voting nay were Chair Hempel and Commissioners Anderson and Maxwell. Vice Chari Azhar and Commissioners Johnson, Skidmore, and Woods abstained. The motion to allow Commissioners to ask 3 more questions was approved on Chair Hempel’s motion on Commissioner Barrera-Ramirez’s second, on a 13-0 vote. There was a motion by Commissioner Anderson, seconded by Commissioner Johnson, to approve Staff’s recommendation to amend City Code Title 25 (Land Development) to create a new density bonus combining district for commercial highway and industrial base zoning districts that will modify uses (including allowing  residential use); and modifications of site development regulations (including height), off-street parking design and loading regulations, sign regulations, landscaping or screening regulations in exchange for providing community benefits, including income restricted units or providing a fee-in-lieu, with the Codes and Ordinances Joint Committee recommendations, for C20-2024-022 - Density Bonus for Commercial Highway & Industrial Zones. The substitute motion to postpone to October 22, 2024, approved on Commissioner Maxwell’s motion, Commissioner Haney’s second, on an 8-4-1 vote. Those voting aye were, Chair Hempel, Vice Chair Azhar, and Commissioners Cox, Haney, Howard, Maxwell, Skidmore, and Woods. Those voting nay were Commissioners Anderson, Haynes, Johnson, and Phillips. Commissioner Barrera-Ramirez abstained. DISCUSSION AND ACTION ITEMS 17. Discussion and action to recommend to City Council prioritizing the creation of the Red River sub-cultural sub-district and to expedite the development of a cultural overlay that factors regulatory, operational, and financial options to improve existing businesses of the district. Sponsors: Commissioner Haynes and Commissioner Phillips. The motion to expedite a culture overlay for the Red River Cultural District to prioritize the evolution and preservation of the cultural spaces using regulatory tools, economic incentives, and zoning policies as appropriate, was approved on Commissioner Haynes’ motion, Commissioner Phillips’ second, on a 12-0 vote. Commissioner Skidmore was off the dais. 18. Discussion and action to assign a new member to the Codes and Ordinances Joint Committee. Sponsors: Commissioner Maxwell and Chair Hempel. Commissioner Barrera-Ramirez was nominated as the new member to the Codes and Ordinances Joint Committee. 19. Discussion and action to nominate two commissioners to serve on the Small Area Planning Joint Committee. Commissioners Haney and Howard were nominated to serve on the Small Area Planning Joint Committee. WORKING GROUP/COMMITTEE UPDATES 20. 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. 21. 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. 22. 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)  Update was given by Commissioner Phillips. 23. 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)  Update was given by Commissioner Barrera-Ramirez/ 24. 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. 25. 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 Chair Hempel. 26. 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. 27. 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 Briefing from the Fire Department regarding potential code changes related to combustible materials near Wildland Urban Interface or nature preserves. Sponsors: Commissioner Cox and Chair Hempel. Briefing on what language should be used for notices to the public to better enhance transparency. Sponsors: Commissioner Phillips and Commissioner Cox. Chair Hempel adjourned the meeting at 9:14 p.m. without objection.