01 Draft Meeting Minutes October 22, 2024 — original pdf

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PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, OCTOBER 22, 2024 The Planning Commission convened in a regular meeting on Tuesday, October 22, 2024, at Austin City Hall, Council Chambers, Room 1001, 301 W. Second Street, in Austin, Texas. Chair Hempel called the Planning Commission meeting to order at 6:06 p.m. Board Members/Commissioners in Attendance: Claire Hempel Greg Anderson Nadia Barrera-Ramirez Casey Haney Adam Haynes Felicity Maxwell Alberta Phillips Danielle Skidmore Alice Woods Board Members/Commissioners in Attendance Remotely: Awais Azhar Grayson Cox Patrick Howard Ryan Johnson Danielle Skidmore Board Members/Commissioners absent: PUBLIC COMMUNICATION: GENERAL Angela Garza, DB90 Bobby Levinski, Hays Commons 1 APPROVAL OF MINUTES Approve the minutes of the Planning Commission regular meeting on October 8, 2024. The minutes from the meeting of October 8, 2024, were approved on the consent agenda on Commissioner Woods’ motion, Commissioner Maxwell’s second, on a 13-0 vote. PUBLIC HEARINGS Location: 2. Plan Amendment: NPA-2024-0027.01 - Rawson Saunders - Tarrytown Christian Church Improvements; District 10 2614 and 2614 ½ Exposition Boulevard, 2702 McCoullugh Street, 2615 ½ and 2611 Hillview Road, Taylor Slough South Watershed; Central West Austin Combined (West Austin) Neighborhood Planning Area Owner/Applicant: Austin Area School For Dyslexics Inc./Tarrytown Baptist Church Agent: Request: Staff Rec.: Staff: Thrower Design, LLC (Ron Thrower & Victoria Haase) Single Family to Mixed Use/Office land use Applicant postponement request to December 17, 2024 Maureen Meredith, 512-974-2695, maureen.meredith@austintexas.gov Planning Department The motion to approve the Applicant’s postponement request to December 17, 2024, was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Maxwell’s second, on a 13-0 vote. 3. Rezoning: Location: C14-2024-0051 - Rawson Saunders - Tarrytown Christian Church Improvements; District 10 2614 and 2614 ½ Exposition Boulevard, 2702 McCoullugh Street, 2615 ½ and 2611 Hillview Road, Taylor Slough South Watershed; Central West Austin Combined (West Austin) Neighborhood Planning Area Owner/Applicant: Austin Area School For Dyslexics Inc./Tarrytown Baptist Church Agent: Request: Staff Rec.: Staff: Thrower Design, LLC (Ron Thrower & Victoria Haase) SF-3-NP to GO-MU-NP Applicant postponement request to December 17, 2024 Cynthia Hadri, 512-974-7620, cynthia.hadri@austintexas.gov Planning Department The motion to approve the Applicant’s postponement request to December 17, 2024, was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Maxwell’s second, on a 13-0 vote. 1. 2  4. Plan Amendment: NPA-2023-0017.01 - Anderson Square, District 4 Location: 910, 912, 914 & 916, 1012 & 1012 ½, 1100, 1100 ½ & 1102 ½ W. Anderson Lane, 7905 ½, 8003, & 8005 Anderson Square and 7940, 7950, 8000, 8000 1/2 & 8002 Research Boulevard Service Road South Bound, Little Walnut Creek Watershed; Crestview/Wooten (Wooten) Neighborhood Planning Area Owner/Applicant: Anderson Square Investments, LLC & C2G, LLC Agent: Request: Staff Rec.: Staff: Alice Glasco Consulting (Alice Glasco) Mixed Use to Higher Density Mixed Use land use Recommended Maureen Meredith, 512-974-2695, maureen.meredith@austintexas.gov Planning Department The motion to approve the Applicant’s postponement request to November 12, 2024, was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Maxwell’s second, on a 13-0 vote. 5. Rezoning: Location: C14-2023-0080 - Anderson Square, District 4 910, 912, 914 & 916, 1012 & 1012 ½, 1100, 1100 ½ & 1102 ½ W. Anderson Lane, 7905 ½, 8003, & 8005 Anderson Square and 7940, 7950, 8000, 8000 1/2 & 8002 Research Boulevard Service Road South Bound, Little Walnut Creek Watershed; Crestview/Wooten (Wooten) Neighborhood Planning Area Owner/Applicant: Anderson Square Investments, LLC & C2G, LLC Agent: Request: Staff Rec.: Staff: Alice Glasco Consulting (Alice Glasco) CS-MU-NP, CS-1-NP to CH-PDA-NP Recommended Sherri Sirwaitis, 512-974-3057, sherri.sirwaitis@austintexas.gov Planning Department The motion to approve the Applicant’s postponement request to November 12, 2024, was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Maxwell’s second, on a 13-0 vote. 6. Plan Amendment: NPA-2023-0029.02 - Humane Society of Austin & Travis County; Location: 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 November 12, 2024 Maureen Meredith, 512-974-2695, maureen.meredith@austintexas.gov Planning Department The motion to approve Staff’s postponement request to November 12, 2024, was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Maxwell’s second, on a 13-0 vote. 3  7. Rezoning: Location: C14-2024-0132 - Humane Society of Austin & Travis County; District 4 7600 and 7616 Bennett Avenue, 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) CS-MU-NP and SF-3-NP to CS-MU-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 Commissioner Woods’ motion, Commissioner Maxwell’s second, on a 13-0 vote. 8. Plan Amendment: NPA-2024-0005.01 - Saxon 2; District 3 Location: 318 Saxon Lane and 6328 El Mirando Street, Country Club East and Colorado River Watersheds; Monotpolis Neighborhood Planning Area Owner/Applicant: Saxon Acres LLC Agent: Request: Staff Rec.: Staff: Thrower Design, LLC (Ron Thrower & Victoria Haase) Single Family to Multifamily Residential land use Not Recommended Maureen Meredith, 512-974-2695, maureen.meredith@austintexas.gov Planning Department The motion to approve the Neighborhood’s postponement request to December 10, 2024, was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Maxwell’s second, on a 13-0 vote. 9. Rezoning: Location: C14-2024-0099 - Saxon 2; District 3 318 Saxon Lane and 6328 El Mirando Street, Country Club East and Colorado River Watersheds; Monotpolis Neighborhood Planning Area Owner/Applicant: Saxon Acres LLC Agent: Request: Staff Rec.: Staff: Thrower Design, LLC (Ron Thrower & Victoria Haase) SF-6-NP to MF-2-NP Not Recommended Cynthia Hadri, 512-974-7620, cynthia.hadri@austintexas.gov Planning Department The motion to approve the Neighborhood’s postponement request to December 10, 2024, was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Maxwell’s second, on a 13-0 vote. 4  10. Plan Amendment: NPA-2024-0015.01 - Gunter Street Rezoning; District 1 Location: 1143 Gunter Street, 1145 Gunter Street, 1145 1/2 Gunter Street, 3605 Abbate Circle, and 1144 Wayneroy Drive, Boggy Creek Watershed; East MLK (MLK) Combined Neighborhood Planning Area Owner/Applicant: RCG Gunter LLC and REAL Holdings LLC Agent: Request: Staff Rec.: Husch Blackwell LLP (Nikelle Meade) Single Family to Multifamily Residential land use Applicant and Neighborhood postponement request to November 12, 2024 Maureen Meredith, 512-974-2695, maureen.meredith@austintexas.gov Planning Department Staff: The motion to approve the Applicant’s and Neighborhood’s joint postponement request to November 12, 2024, was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Maxwell’s second, on a 13-0 vote. 11. Rezoning: Location: C14-2024-0109 - Gunter Street Rezoning; District 1 1143 Gunter Street, 1145 Gunter Street, 1145 1/2 Gunter Street, 3605 Abbate Circle, and 1144 Wayneroy Drive, Boggy Creek Watershed; East MLK (MLK) Combined Neighborhood Planning Area Owner/Applicant: RCG Gunter LLC and REAL Holdings LLC Agent: Request: Staff Rec.: Husch Blackwell LLP (Nikelle Meade) SF-3-NP to MF-3-NP Applicant and Neighborhood postponement request to November 12, 2024 Jonathan Tomko, 512-974-1057, jonathan.tomko@austintexas.gov Planning Department Staff: The motion to approve the Applicant’s and Neighborhood’s joint postponement request to November 12, 2024, was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Maxwell’s second, on a 13-0 vote. 12. Plan Amendment: NPA-2024-0015.02 - Seventh Day Adventist Alpha Church; Owner/Applicant: Southwest Region Conference Association of Seventh Day Adventist Location: Agent: Request: Staff Rec.: Staff: District 1 3616 East 51st Street; 3021 and 3039 Pecan Springs Road, Fort Branch Watershed; East MLK (Pecan Springs-Springdale) Combined Neighborhood Planning Area & Southwest Region Conference of Seventh Day Adventist Armbrust & Brown, PLLC (Michael J. Whellan) Mixed Residential to Mixed Use land use Staff recommends Neighborhood Mixed Use Maureen Meredith, 512-974-2695, maureen.meredith@austintexas.gov Planning Department The public hearing was closed on Commissioner Maxwell’s motion, Commissioner Anderson’s second, on a 13-0 vote. There was a motion by Commissioner Cox, seconded by Chair Hempel, to Staff’s recommendation of Neighborhood Mixed Use for NPA-2024-0015.02 - Seventh Day 5  Adventist Alpha Church; District 1 located at 3616 East 51st Street; 3021 and 3039 Pecan Springs Road. The subtitute motion to approve the Applicant’s request of Mixed Use land use for NPA-2024-0015.02 - Seventh Day Adventist Alpha Church; District 1 located at 3616 East 51st Street; 3021 and 3039 Pecan Springs Road, was approved on Commissioner Anderson’s motion, Commissioner Haney’s second on an 11-2 vote. Commissioners Cox and Skidmore voted nay. The motion to rescind action taken on this item and to postpone to November 12, 2024, due to a posting error was approved on Vice Chair Azhar’s motion, Commissioner Cox’s second, on a 13-0 vote. 13. Rezoning: Location: C14-2024-0104 - Seventh Day Adventist Alpha Church; District 1 3616 East 51st Street; 3021 and 3039 Pecan Springs Road, Fort Branch Watershed; East MLK (Pecan Springs-Springdale) Combined Neighborhood Planning Area Owner/Applicant: Southwest Region Conference Association of Seventh Day Adventist Agent: Request: Staff Rec.: Staff: & Southwest Region Conference of Seventh Day Adventist Armbrust & Brown, PLLC (Michael J. Whellan) SF-3-NP to GR-MU-CO-NP Staff Recommends LR-MU-NP Jonathan Tomko, 512-974-1057, jonathan.tomko@austintexas.gov Planning Department The public hearing was closed on Commissioner Maxwell’s motion, Commissioner Anderson’s second, on a 13-0 vote. There was a motion by Commissioner Cox, seconded by Chair Hempel, to Staff’s recommendation of LR-MU-NP for C14-2024-0104 - Seventh Day Adventist Alpha Church; District 1 located at 3616 East 51st Street; 3021 and 3039 Pecan Springs Road. The subtitute motion to approve the Applicant’s request of GR-MU-CO-NP for C14- 2024-0104 - Seventh Day Adventist Alpha Church; District 1 located at 3616 East 51st Street; 3021 and 3039 Pecan Springs Road, was approved on Commissioner Anderson’s motion, Commissioner Haney’s second on an 11-2 vote. Commissioners Cox and Skidmore voted nay. The motion to rescind action taken on this item and to postpone to November 12, 2024, due to a posting error was approved on Vice Chair Azhar’s motion, Commissioner Cox’s second, on a 13-0 vote. 6  14. 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 indefinite postponement request Maureen Meredith, 512-974-2695, maureen.meredith@austintexas.gov Planning Department The motion to approve Staff’s indefinite postponement request was approved on the was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Maxwell’s second, on a 13-0 vote. 15. Rezoning: Location: C14-2024-00129 - Burnet and Rutland; District 7 9901 and 10025 Burnet Road and 2416, 2500, 2500 1/2, 2502, 2510 and 2522 1/2 Rutland Drive, Little Walnut Creek Watershed Owner/Applicant: Marquardt Family LP, Burnet Road Properties LLC, Get Investments Staff Rec.: Staff: LLC et al, Sanford Gottesman & Thomas D Simmons, Jr., Crow- Gottsman-Shafer #2 Recommended Sherri Sirwaitis, 512-974-3057, sherri.sirwaitis@austintexas.gov Planning Department This item was withdrawn due to a posting error. 16. 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 Recommended Nancy Estrada, 512-974-7617, nancy.estrada@austintexas.gov Planning Department Agent: Request: Staff Rec.: Staff: The motion to approve Staff’s recommendation of GR-MU-V-DB90 for C14-2023-0134 - 2201 Willow Creek Drive located at 2201 Willow Creek Drive was approved on the was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Maxwell’s second, on a 13-0 vote. 7  C8S-78-331VAC - Mike Johnson Addition (Plat Vacation); ETJ 17. Final Plat Vacation: Location: Owner/Applicant: HS USCP Howard Lane JV, LLC (Brad Maples) Agent: Request: 2500 E Howard Lane, Gilleland Creek Staff Rec.: Staff: HR Green (Mark Denn) Approval of the total plat vacation of Mike Johnson Addition consisting of 1 lot on 30 acres. The land will be replatted under the 2500 Howard subdivision currently in review. Recommended Sarah Sumner, 512-854-7687, sarah.sumner@traviscountytx.gov City of Austin/Travis County Single Office The motion to approve Staff’s recommendation of the approval of the total plat vacation of Mike Johnson Addition consisting of 1 lot on 30 acres. The land will be replatted under the 2500 Howard subdivision currently in review, for C8S-78-331VAC - Mike Johnson Addition (Plat Vacation) located at 2500 E Howard Lane was approved on the was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Maxwell’s second, on a 13-0 vote. 18. ETJ Release: CETJ-2024-0001 - Manor Downs Industrial Park ETJ Release and Accompaning Interlocal Agreement (ILA) 9200 Hill Lane, Gilleland Creek Location: Owner/Applicant: City of Manor Agent: Request: Staff Rec.: Staff: Scott Moore, City Manager, City of Manor Provide a recommendation for the release of Manor Downs Industrial Park from Austin's ETJ. Recommended Sara Groff, 512-974-8074, sara.groff@austintexas.gov Planning Department The motion to approve the Applicant’s postponement request to November 12, 2024, was approved on the consent agenda on Commissioner Woods’ motion, Commissioner Maxwell’s second, on a 13-0 vote. 19. LDC C20-2024-017 - Planned Development Area 2 (PDA2) Amendment: Request: Staff Rec.: Staff: 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. Recommended Alan Pani, 512-974-8084, alan.pani@austintexas.gov Planning Department The public hearing was closed on Commissioner Maxwell’s motion, Commissioner Haney’s second, on a 13-0 vote. 8  The motion to postpone to November 12, 2024, failed on Commissioner Cox’s motion, Commissioner Haynes’ second, on a 3-10 vote. Those voting aye were Commissioners Cox, Haynes, and Phillips. Those voting any were Chair Hempel, Vice Chair Azhar, and Commissioners Anderson, Barrera-Ramirez, Haney, Howard, Johnson, Maxwell, Skidmore, and Woods. The motion to amend the draft ordinance in Part 3 subsection (B)(2) to include 2 additional subsections that state “ (3) community benefit options for residential uses, except affordable housing incentives shall not be less than 20% of the total units, including at least 10% of the total units at 50% MFI; (4) a fee-in-lieu paid for affordable units [built] on site, except the total fee paid shall not be less than 125% of the total due under development bonus calculations;” was withdrawn by Commissioner Haynes. The motion to amend the draft ordinance in Part 4 to add a subsection (D) that states “direct staff to work with the legal department to ensure an application for a property that is the subject of a pending zoning or rezoning application to add planned development area (PDA) but not yet deemed administratively complete as of the effective date of this ordinance shall utilize planned development area 2 (PDA2) combining district instead of planned development area (PDA) combining districts,” was approved on Commissioner Haynes’ motion, Vice Chair Azhar’s second, on a 12-1 vote. Commissioner Skidmore voted nay. The motion 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 loading regulations, sign regulations, landscaping or screening regulations, and additional non- residential uses, as amended, for C20-2024-017 - Planned Development Area 2 (PDA2) was approved on Commissioner Barrera-Ramirez’s motion, Commissioner Maxwell’s second, on a 13-0 vote. 20. 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 Maxwell’s motion, Commissioner Haney’s second, on a 13-0 vote. 9  The motion to postpone to November 12, 2024, failed on Commissioner Cox’s motion, Commissioner Haynes’ second, on a 3-10 vote. Those voting aye were Commissioners Cox, Haynes, and Phillips. Those voting any were Chair Hempel, Vice Chair Azhar, and Commissioners Anderson, Barrera-Ramirez, Haney, Howard, Johnson, Maxwell, Skidmore, and Woods. The motion to provide a general amendment that states “as part of the ongoing density bonus recalibration, prioritizing the codification of DB-240 Community Benefits as outlined in the initial Council Resolution by March 2025,” was approved on Commissioner Maxwell’s motion, Commissioner Woods’ second, on a 12-0 vote. Commissioner Johnson was off the dais. The motion to amend § 25-2-654 – Density Bonus ETOD (DBETOD) Combing District Regulations subsection (3) in the City of Austin Land Development Code to state “Transit Supportive Infrastructure. (a) In this subdivision, TRANSIT SUPPORTIVE INFRASTRUCTURE includes appurtenances, facilities, and amenities related to a transit system project as defined in Ordinance No. 20221115-048. (b) If an applicant provides transit supportive infrastructure, the affordability requirement is reduced by two percent. (c) It is presumed that the value of the transit supportive infrastructure equals at least two percent of the minimum affordability. (i) The director of the Housing Department is authorized to reduce the affordability requirement by more than two percent if the director of the Housing Department and the Project Connect mobility officer agree that the value of the transit supportive infrastructure is greater than or equal to the value of the reduction. (ii) The director of the Housing Department may not reduce the affordability requirement to less than one residential unit or the equivalent of the fee-in-lieu for one ownership unit. (d) An applicant must submit a written request to the Project Connect mobility officer to provide transit supportive infrastructure. (e) If the applicant proposes transit supportive infrastructure that serves a community benefit, the Project Connect mobility officer must approve a request. (f) Before approving a request to provide transit supportive infrastructure, the Project Connect mobility officer must adopt rules under Chapter 1-2 (Administrative Rules) that establish when transit supportive infrastructure serves a community benefit. As a note to staff, affordable housing and community benefits related to transit supportive infrastructure should both be prioritized using market-based incentives,” was approved on Commissioner Maxwell’s motion, Commissioner Haynes’ second, on a 13-0 vote. There was a motion by Commissioner Maxwell, seconded by Phillips, to amend § 25-2- 652 – Density Bonus 90 (DB90) Combining District Regulations subchapter (F) in the City of Austin Land Development Code to state “Development Standards and Mixed Use. (1) In a DB90 combining district, the following uses are permitted: (a) uses that are permitted in the base zoning district unless the use is restricted by a conditional overlay that applies to the property; and (b) residential uses. (2) A development must comply with Article 2 (Site Development Standards) and Article 3 (Building Design Standards) in Subchapter E (Design Standards and Mixed Use) of this chapter except when those provisions conflict with this section. (3) Mix of Uses. (a) In this subdivision, PRINCIPAL STREET has the same meaning as principal street in and is applied consistent with Article 5 (Definitions) of Subchapter E (Design Standards and Mixed Use). (b) 10  Pedestrian-Oriented Commercial Spaces. When a site abuts a principal street, 75 percent of the ground floor of the building must contain one or more commercial uses and must comply with the dimensional requirements found in Section 4.3.3.C in Subchapter E (Design Standards and Mixed Use) of this chapter. (c) If a building includes a mix of uses, a non-residential use: (i) may not be located above a residential use; and (ii) may not be located on or above the third story of the building. (d) An on- site amenity is a residential use when provided solely for use by the occupant, or the occupant's guests. (e) The ordinance zoning or rezoning a site as DB90 may modify the requirements in Subdivision (3)(b) if the site abuts one of the following roadways defined in Article 5 (Definitions) of Subchapter E (Design Standards and Mixed Use). (i) urban roadway; (ii) suburban roadway; (iii) highway; or (iv) hill country.” There was a substitute motion from Commissioner Johnson, seconded by Commissioner Skidmore, to direct staff to explore the creation of standards to encourage standards that would allow for ground floors of buildings that could accommodate commercial uses, but not require the uses themselves. This motion failed on a 6-5-1 vote. Those voting aye were Vice Chair Azhar, and Commissioner Barrera-Ramirez, Haney, Howard, Johnson, and Skidmore. Those voting nay were Chair Hempel, and Commissioners Anderson, Haynes, Maxwell, and Phillips. Commissioner Woods abstained. Commissioner Cox was off the dais. There was a substitute motion from Commissioner Haney, seconded by Commissioner Woods, that would establish a ground floor commercial requirement for the district but would allow a waiver process and if that process is used, it would impose design standards that would require future the ground floor space to be convertible in the future. This motion was approved on a 12-0-1 vote. Commissioner Cox abstained. The motion to provide a general amendment that states “For DB-240 sites, on larger sites (i.e over 2.5 acres), require ground floor activation on more than just the principal streets and craft an addition mix of use requirement for larger sites to require a certain percentage of the site be commercial or a similarly activated public use,” was approved on Commissioner Maxwell’s motion, Commissioner Woods’ second, on a 13-0 vote. The motion to provide a general amendment that states “As part of the community benefits to be created for contiguous ASMP level street of 2, 3, or 4, require streetscape enhancements based on the Great Streets, University Neighborhood, or South Central Waterfront overlay standards. Consider additional streetscape requirements to improve internal circulation routes,” was approved on the pedestrian experience for Commissioner Maxwell’s motion, Commissioner Woods’ second, on a 13-0 vote. The motion to provide a general amendment that states “Consider required internal circulation based on the density distribution areas (DDA) in the South Central Waterfront Combining District & Density Bonus Program, and similar requirements to improve pedestrian permeability and walkability beyond base code,” was approved on Commissioner Maxwell’s motion, Commissioner Woods’ second, on a 13-0 vote. The motion to provide a general amendment that states “Recalibrate the affordable housing density bonus requirements after the citywide density bonus recalibration to 11  maximize the total number of affordable housing achieved and community benefits produced, with consideration of overall utilization of the program,” was approved on Commissioner Maxwell’s motion, Commissioner Woods’ second, on a 13-0 vote. The motion to provide a general amendment that states “As part of the ongoing density bonus recalibration, prioritize potential expansion of what base zonings can rezone to include DB240 to additional intensive commercial base zones to more evenly distribute these types of projects and allow them outside of a highway or industrial context,” was approved on Commissioner Maxwell’s motion, Commissioner Woods’ second, on a 13- 0 vote. The motion to amend subchapter (E) – Design Standards and Mixed Use of the City of Austin Land Development Code to state “Ensure that Subchapter E Core Transit Corridor requirements apply to all sites seeking rezoning such that requirements for relationships to buildings, connectivity and internal circulation are met,” was approved on Commissioner Maxwell’s motion, Commissioner Woods’ second, on a 13-0 vote. The motion to provide a general amendment that states “Pending legal review, for DB240 cases only, staff provide publicly available information on facilities with the highest level of emissions (PM2.5, sulfur dioxide, volatile organic compounds, hazardous air pollutants) according to the TCEQ within proximity of the subject tract,” was approved on Commissioner Cox’s motion, Commissioner Barrera-Ramirez’s second on a 13-0 vote. The motion to provide a general amendment that states “Help close the gap between the number of local jobs available and the number of skilled workers qualified to fill them by implementing portions of Austin's Hire Local Plan and ensure there is equitable distribution of land uses throughout the city,” was approved on Commissioner Barrera-Ramirez’s motion, Vice Chair Azhar’s second, on a 12-0-1 vote. Commissioner Johnson abstained. The motion to extend the meeting to 11 p.m. was approved on Commissioner Woods’ motion, Chair Hempel’s second, on a 13-0 vote. The motion to amend the draft ordinance for both ownership and rental units, the affordability requirement is 5% more than what is set aside in the ordinance for all requirements failed on Commissioner Haynes’ motion, Commissioner Cox’s second, on a 3-7-2 vote. Those voting aye were Commissioners Cox, Haynes, and Phillips. Those voting nay were Vice Chair Azhar, and Commissioners Anderson, Howard, Johnson, Skidmore, Maxwell, and Woods. Chair Hempel and Commissioner Haney abstained. Commissioner Barrera-Ramirez was off the dais. The motion to amend the draft ordinance to state “For developments with affordable ownership units, if a property utilizes a bonus height of 30 to 61 feet or 60 to 121 feet, at least 10 percent of those units must be included on site,” failed on Commissioner Haynes’ motion, Commissioner Cox’s second on a 3-7-2 vote. Those voting aye were Commissioners Cox, Haynes, and Phillips. Those voting nay were Vice Chair Azahr, and Commissioners Anderson, Howard, Johnson, Skidmore, Maxwell, and Woods. Chair industrial 12  Hempel and Commissioner Haney abstained. Commissioner Barrera-Ramirez was off the dais. The motion to amend the draft ordinance to state “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 130 percent of the required percentage of the total residential units, including the mix of bedrooms required, unless the development proposes at least 20 percent of the total of the residential units as required as affordable for ownership and occupancy by households earning 50 percent or less of the current Austin-Round Rock Metropolitan Statistical Area Median Family Income as determined by the director of the Housing Department, then the fee is 115 percent.” The fee-in-lieu shall be set by separate ordinance. The amount of fee-in-lieu due is determined using the fee schedule ordinance in effect at site plan submittal,” failed on Commissioner Haynes’ motion, Commissioner Phillips’ second, on a 3-7-2 vote. Those voting aye were Commissioners Cox, Haynes, and Phillips. Those voting nay were Vice Chair Azahr, and Commissioners Anderson, Howard, Johnson, Skidmore, Maxwell, and Woods. Chair Hempel and Commissioner Haney abstained. Commissioner Barrera-Ramirez was off the dais. The motion to amend the draft ordinance on page 5, line 122 after (b) to state “For developments offering creative spaces, the applicant may establish an “artist-in- residence” program for creative community members to perform or present their creative talents. The units serving as ‘artists-in-residence” shall be offered at a maximum of 50 percent market rate as determined by the director of the Housing Department and the owner of the unit is eligible for a city tax credit equal or other financial incentive equal to the reduction of the rent as long as the unit serves as an “artist-in-residence” unit,” was approved on Commissioner Haynes’ motion, Commissioner Cox’s second, on a 10-0-2 vote. Vice Chair Azhar and Commissioner Skidmore abstained. Commissioner Barrera-Ramirez was off the dais. There was a motion by Commissioner Haynes, seconded by Commissioner Cox, to amend the draft ordinance at Table G to say “Allow ‘short-term rental’ as a conditional use only, and not as a permitted use.” There was a substitute motion from Vice Chair Azhar, seconded by Commissioner Haney, to include the language “Any on-site rental affordable unit is prohibited from short-term rental use.” This motion failed on a 6-4-3 vote. Those voting aye were Vice Chair Azhar, and Commissioners Cox, Haney, Haynes, Phillips, and Skidmore. Those voting nay were Chair Hempel, and Commissioners Anderson, Howard, and Johnson. Those abstaining were Commissioners Barrera-Ramirez, Maxwell, and Woods. The original motion made by Commissioner Haynes, seconded by Commissioner Cox, to amend the draft ordinance at Table G to say “Allow ‘short-term rental’ as a conditional use only, and not as a permitted use,” was withdrawn by Commissioner Haynes. 13  The motion to add the 10-foot building setback after the first 90 feet of height to the base motion was approved/failed on Commissioner Cox’s motion, Commissioner Haynes’ second, on a 2-10-1. Commissioner Cox and Haynes voted aye. Those voting nay were Chair Hempel, Vice Chair Azhar, and Commissioners Anderson, Barrera-Ramirez, Haney, Howard, Johnson, Maxwell, Skidmore, and Woods. Commissioner Phillips abstained. The motion to extend the meeting to 11:30 p.m. was approved on Commissioner Johnson’s motion, Commissioner Anderson’s second, on a 10-0-3 vote. Those voting aye were Chair Hempel, Vice Chair Azhar, and Commissioners Anderson, Barrera- Ramirez, Haney, Howard, Johnson, Maxwell, Skidmore, and Woods. Commissioners Cox, Haynes, and Phillips abstained. The base motion 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 recommendations from the Codes and Ordinances Joint Committee, as amended, for C20-2024-022 - Density Bonus for Commercial Highway & Industrial Zones was approved on Commissioner Maxwell’s motion, Commissioner Woods’ second, on a 7-6 vote. Those voting aye were Chair Hempel, and Commissioners Anderson, Haney, Howard, Maxwell, Skidmore, and Woods. Those voting nay were Vice Chair Azhar, and Commissioners Barrera-Ramirez, Cox, Haynes, Johnson, and Phillips. 21. LDC C20-2023-045 - Site Plan Lite Phase 2 & Infill Lots Amendment: Request: Staff Rec.: Staff: 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 extend the meeting to 12 a.m. was approved on Commissioner Woods’ motion, Commissioner Anderson’s second on an 8-0-1. Commissioner Haynes abstained. Commissioners Barrera-Ramirez, Cox, Howard, and Phillips were off the dais. The public hearing was closed on Commissioner Maxwell’s motion, Commissioner Woods’ second, on a 11-0 vote. Commissioners Haney and Phillips were off the dais. The motion to postpone to November 12, 2024, was approved on Commissioner Cox’s motion, Chair Hempel’s second on a 11-0 vote. Commissioners Howard and Phillips were off the dais. WORKING GROUP/COMMITTEE UPDATES 14  22. 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. 23. 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. the Austin Climate Equity Plan, 24. 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 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. 25. 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. 26. 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. 27. 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. 15  28. 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. 29. 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. Chair Hempel adjourned the meeting at 12:09 p.m. without objection 16  17