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July 23, 2024

09 and 10 District 8 Oak Hill Associations of Neighborhoods Memo original pdf

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Meredith, Maureen To: Cc: Subject: LEIGH ZIEGLER; Clerk, City; Ellis, Paige; Hadri, Cynthia; David Hartman Rita Berry; Cynthia Wilcox; Jeffery Bowen; Danielle Buckley; Anne Hawken; Anne Hawken; Mushtaler, Jennifer - BC; Cox, Grayson - BC RE: RE - Planning Commission: Items 9 and 10 , 8900 and 8956 W SH71 From: LEIGH ZIEGLER < Sent: Friday, July 19, 2024 4:29 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov>; Clerk, City <City.Clerk@austintexas.gov>; Ellis, Paige <Paige.Ellis@austintexas.gov>; Hadri, Cynthia <Cynthia.Hadri@austintexas.gov>; David Hartman <dhartman@dbcllp.com> Cc: Rita Berry < >; Cynthia Wilcox < >; Jeffery Bowen < >; Danielle Buckley < >; Anne Hawken < >; Anne Hawken < Mushtaler, Jennifer - BC <BC-Jennifer.Mushtaler@austintexas.gov>; Cox, Grayson - BC <BC- Grayson.Cox@austintexas.gov> Subject: RE - Planning Commission: Items 9 and 10 , 8900 and 8956 W SH71 External Email - Exercise Caution Please include in the back up the follow up document attached which summarizes a few unanswered questions to the agent for the developer regarding the cases, items 9 and10, 8900 and 8956 W SH71. Although a postponement was posted for 2 weeks encompassing the July 4th Holiday weekend; neighbors were discouraged from meeting with Mr. Hartman. Questions were sent yesterday after meeting The neighborhood has not yet had a real opportunity to get up to speed following notice in this rather complex change in land use. Thank you, Leigh Ziegler OHNPCT Chair backup requested to be posted with other documents sent from the OHNPCT chair (seen under item 10) CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT at "cybersecurity@austintexas.gov". 1 July 18, 2024 RE: 8900 + 8956 W SH 71, NPA-2024-0025.01, 2024-0025.0130438ZC, C14-2024- 0032 Mr. David Hartman: We are contacting you now in writing at the express direction of Maureen Meredith following postponement more than a week ago to ask for your response to our questions about your choice of land use and the rezoning and proposed development of the 70-acre Marx property at 8900 and 8956 W Hwy 71. The Oak Hill Neighborhood Planning Contact Team (OHNPCT) and the Oak Hill Association of Neighborhoods (OHAN) expect a change in land use from rural residential to a more suburban status but have real concerns regarding the proposed density on this property by …

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July 23, 2024

16 C14-2024-0088 - OTX Design; District 5 Public Comment and Neighborhood Postponement Memo original pdf

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Claire Hempel, Chair Planning Commission Members TO: FROM: Ray Collins Chair South Menchaca Neighborhood Plan contact team July 19, 2024 C14-2024-0088 Postponement request by SMNP contact team DATE: RE: The SMNP contact team requests a postponement from July 23, 2024 to September 10, 2024 and will seek a meeting with the applicant.

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July 23, 2024

24 Austin Neighborhoods Council Moratorium Request Memo original pdf

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July 14, 2024 The Austin Neighborhoods Council Executive Committee Requests a Moratorium on DB90 Zoning Changes Impacting Neighborhoods. In the wake of a court ruling that struck down the new zoning category, VMU2 (a zoning category allowing 90 feet of height for a small amount of affordable housing), the Austin City Council created a density bonus program (DB90). DB90 expands the reach of VMU2. VMU2 was intended to be placed on corridors and had compatibility standards. Now, no matter what street type a property is located on, if the zoning is LO, LR, GO, GR, CS or CS-1, a developer can apply for DB90. DB90 grants 30 additional feet of height and removes compatibility. This live map shows the properties in Austin that are eligible to apply for DB90. On July 18th, revisions to DB90 will be considered which include clarifying that provisions of the DB90 program govern over a conflicting provision of the Land Development Code or other ordinance. This means overriding conditional overlays etc. We are now seeing these zoning requests within and directly impacting (abutting) Austin residential neighborhoods. We request a moratorium on DB-90 until a review of cumulative impacts can be conducted. Properties requesting DB90 rezoning between February 29, 2024 and July 10, 2024: 6400 FM 969; 5210 Bruning Avenue; 704 E 53rd Street; 5301 Martin Avenue; 803-809 Tirado Street; 2600 E Martin Luther King Jr Boulevard; 1103 W 24h St; 714 Turtle Creek Blvd; 830 and 838 Airport Blvd and 917 and 923 Shady Ln; 7320 Burnet Road; 2002 Manor Road; 2800 South Lamar; 5931 Dillard Circle; 2313, 2315, 2407, 2413 Thornton Rd; 3117-3121 E. 12th Street; 2900 Oak Springs; 1809 W 35th; 1100-1218 E 51st St; 1101-1205, 1209, 1215 E 52nd St; 5121 Cameron Rd; 5106-5114 Lancaster Ct; 2709 South Lamar Blvd; 821 Woodward; 8200 & 8300 North Mopac; 3800, 3808, 3810 N IH 35 Svrd SB; 1015, 1017 E 38th 1/2 St; 1014, 1016 E 38th St; 1015 E 38th St; 3703 Harmon Ave; 5725 W US Hwy 290 EB; 3020 East Cesar Chavez Street; 2001, 2003, 2005, and 2007 S. Lamar; 4302 S Congress Avenue; 8501 S. 1st Street; 5200 E 5th Street; 4005 and 4009 Banister Lane; 1500 W Stassney Lane; 2105 South Congress Avenue; 8400 - 8412 S Congress Ave (even numbers only); 108 Ralph Ablanedo Dr; and 2706 Gonzales and 2730 E 7th Street. Ana Aguirre ANC President

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July 23, 2024

24 C20-2024-011 - DB90 Revisions Staff Presentation original pdf

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C20-2024-011: DB90 Revisions Paul Ray Books, Senior Planner Background 2023 2024 2022 City Council adopted Ordinance No. 20220609-080, creating a second tier of the VMU program, referred to as VMU2, which allowed for increased height in exchange for increased community benefits. City Council adopted Ordinance No. 20221201-055, creating an incentive program that allows residential uses in commercial zoning districts, referred to as Residential in Commercial, which allowed for the construction of residential uses in exchange for increased community benefits. Ordinance No. 20220609-080, Ordinance No. 20221201-055, and Ordinance No. 20221201-056 were invalidated. City Council adopted Ordinance No. 20240229-073, which created the Density Bonus 90 (DB-90) combining district and density bonus program with requirements and incentives mirroring VMU 2 provisions. 2 DB90 Requirements and Incentives  Affordability – Rental: – 10% of units set-aside affordable to 50% Median Family Income (MFI); OR – 12% of units set-aside affordable to 60% MFI – Ownership: – 12% of units set-aside affordable to 80% MFI • Requirements for ownership units may be satisfied by a fee-in-lieu of on-site units setback  Mix of Uses – Requirements for pedestrian-oriented commercial uses – Floors beyond the second must be residential  Height  Subchapter E Design Standards – Streetscape, building placement, and design standards  Site Development Standards – Exemptions from standards include the following: – Minimum site area requirements – Maximum floor area ratio – Maximum building coverage – Minimum street side yard setback and interior yard – Minimum front yard setback – Article 10 Compatibility Standards Subchapter C – Compatibility Buffer requirements will apply – 30 ft in additional height from the base zone up to a maximum of 90 ft 3 DB90 Combining District Example Zoning String: CS-MU-CO-DB90-NP Eligible Districts: Base Zoning Districts Base Zones Description CS (CS-1) Commercial Services Base Max Height 60ft Max Height with Bonus 90ft Impervious Cover 95% GR LO LR GO Community Commercial Limited Office Neighborhood Commercial General Office 60ft 40ft 40ft 60ft 90ft 70ft 70ft 90ft 90% 70% 80% 80% 4 DB90 Process  Owners of eligible properties must request a rezoning to add DB90 Requires a Commission recommendation and Council action – – Notice of the rezoning will be provided pursuant to 25-1-132, which includes utility account holders and property owners located within 500 feet of the subject property Property owners within 200 feet can protest the rezoning –  Housing Certification – – Prior to site …

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July 23, 2024

25 Budget Recommendations Working Group - Budget Items original pdf

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Sr. No. Proposed by Topic Proposed Amendment Justification Notes WG Vote Tally 1 2 3 4 5 Maxwell City Staff Maxwell City Staff Woods City Staff Maxwell City Staff Add one full time employee to Zoning team. Woods Training Optional Planning Commission 101 training for PC members, possibly through Texas Municipal League or APA Texas Chapter. Rehearings for VMU cases, DB-90 and numerous additional paper districts being created all leading to increase in zoning cases. Allow for new and existing commissioners to gain valuable knowledge about planning processes, state law, and best practices to inform discussions and improve efficiency. Ensures the ongoing sovereignty of Planning Commission and similar independent commissions and ensures clear separation of oversight/influence for assigned City Staff. Brings more clarity to decision-making related to legal questions that arise at Planning Commission, and improves efficiency at meetings. Explore the establishment of the Office of the Land Use Commissions (OLUC), which will involve the transfer of existing commission liaisons and the recruitment of supplementary staff as needed. OLUC will encompass the Board of Adjustment, Planning Commission, and Zoning and Platting Commission. Additionally, the office will incorporate a specialized legal representative tasked with attending commission meetings in person, exclusively representing the best interests of the commissions. Allocate funds for a singular budgetary expense aimed at engaging a consultant. The purpose of this engagement is to conduct a comprehensive evaluation and review of all operations and methodologies within the Planning Department. The consultant will offer insights and recommendations geared towards enhancing workflow efficiency and improving work outcomes, with a focus on meeting the established timelines mandated by city regulations. Request additional funding for Planning Department outreach, specifically related to Citywide LDC changes. Improve transparency and access to Planning Commission processes. Improve efficiency in communications between Planning Commission and Planning Dept. staff and help Planning Commmission meet established timelines set by City Council. 2 2 2 2 2 Maxwell Vote Woods Vote Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

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July 23, 2024

10 C14-2024-0032 - 8900 and 8956 W SH HWY 71 Multifamily; District 8 Elevation Map original pdf

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87-179 P 1 0 1 8 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! AG-NP 85-288.C 1012 1010 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! O L ! ! D B ! E ! 9 9 8 1006 1 0 0 8 E C ! ! A V ! E ! S R ! ! D 1 ! ! 0 1 ! ! 8 ! ! ! ! ! ! ! ! 6 2 0 1 ! ! ! ! ! ! ! ! ! ! ! ! 1016 1022 ! ! ! ! ! ! ! ! ! ! ! ! ! ! 1006 6 0 0 1 1002 2 0 0 1 9 9 0 9 9 2 4 8 9 978 970 ! ! ! ! ! ! ! ! ! ! ! ! ! ! 9 6 ! ! 6 ! ! ! ! ! ! ! ! ! ! 958 ! ! ! ! ! ! ! ! ! ! 9 5 ! ! 0 ! 9 ! 5 2 ! ! 9 5 0 9 ! ! 5 4 ! ! 9 5 2 ! ! ! ! ! ! ! ! 9 ! ! 5 8 ! ! 1002 992 984 972 4 7 9 6 8 9 0 9 9 9 8 6 9 7 6 2 0 0 1 1002 1 0 0 2 ! ! ! ! ! ! ! ! ! ! ! ! ! ! UNDEV 0 7 9 9 6 8 ! ! ! ! ! ! ! ! ! ! ! ! ! ! 9 6 ! ! 2 ! ! ! ! 9 5 8 9 6 2 9 5 6 9 5 4 1 0 1 0 85-288.C 1 0 1 2 ! ! ! ! ! ! ! ! ! ! ! ! 1006 ! ! ! ! ! ! ! ! ! ! 9 7 8 968 9 9 0 992 988 984 1 0 0 4 1002 954 C14-87-179 MF-1 952 942 9 7 0 9 6 2 9 4 6 986 9 7 6 9 9 8 982 8 5 9 1 0 1 6 1012 1 0 2 4 1030 1028 1 0 2 4 1026 1022 ( 1002 C14-02-0164 …

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July 23, 2024

16 C14-2024-0088 - OTX Design; District 5 Neighborhood Postponement Memo Updated original pdf

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Claire Hempel, Chair Planning Commission Members TO: FROM: Ray Collins Chair South Menchaca Neighborhood Plan contact team July 19, 2024 C14-2024-0088 Postponement request by SMNP contact team DATE: RE: The SMNP contact team requests a postponement from July 23, 2024 to August 13, 2024 and will seek a meeting with the applicant.

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July 23, 2024

19 C14-2024-0080 - 5931 Dillard Circle Rezoning; District 4 Public Comment original pdf

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Re: C14-2024-0080 - 5931 Dillard Circle Rezoning Cathy Bartley Tue 7/23/2024 1:11 PM To: Hadri, Cynthia <Cynthia.Hadri@austintexas.gov> External Email - Exercise Caution Cynthia, Catherine Bartley 208 E Skyview Rd Sent from my iPad On Jul 20, 2024, at 7:59 PM, Please note to the planning commission that the Skyview Residents are not opposing increased density or height, only the variance to the setback requirements to 35 feet and 2 stories from the triggering property for 50 feet. Thank you!! I thought you had postponed the planning commission meeting to August 13. What is this about? Sent from my iPhone On Jul 20, 2024, at 7:52 PM, Hadri, Cynthia <Cynthia.Hadri@austintexas.gov> wrote: All, I've been notified that the Staff Report link is not going to the correct item. Please use this link to go to the Planning Commission website for the correct staff report. Best Regards, Cynthia Hadri Senior Planner | Current Planning City of Austin, Planning Department O: (512) 974-7620 Please note: E-mail correspondence to and from the City of Austin is subject to required disclosure under the Texas Public Information Act. From: Hadri, Cynthia <Cynthia.Hadri@ausntexas.gov> Sent: Saturday, July 20, 2024 7:42 PM To: Hadri, Cynthia <Cynthia.Hadri@ausntexas.gov> Subject: C14-2024-0080 - 5931 Dillard Circle Rezoning Good afternoon, I apologize for the delay in sending this email, I was out of the office for the end of the week. The Planning Commission (PC) agenda is attached and the Staff Report is provided in the link below. The 5931 Dillard Circle Rezoning case is Item 19 on the agenda. Please refer to page 12 for speaker registration and information regarding presentation / handout materials. Page 13 includes information about Speaker testimony time allocation and parking validation. (This item is tentatively being offered for consent as I am not aware of any opposition) Staff report: ZONING CHANGE REVIEW SHEET (austintexas.gov) Please note, the PC meeting has the option of allowing the public to participate via telephone as well as in-person. In order to address the PC by telephone, please be sure to sign up through the speaker registration link below prior to 2 pm on Tuesday, June 11th. Please email any presentations or handouts to Interim Commission Liaison Nicole Corona Nicole.Corona@austintexas.gov by 1:00 PM day of the meeting. https://forms.office.com/g/irmTaGAqPp In-person speakers are able to sign up any time prior to 5:30 pm. Cynthia Hadri Senior Planner | Current Planning City of Ausn, Planning Department O: …

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July 23, 2024

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July 23, 2024

24 C20-2024-011 - DB90 Revisions Azhar Amendments original pdf

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Density Bonus 90 (DB90) Azhar Amendments Amendment 1: Amend the following in § 25-2-652 Density Bonus 90 (DB90) Combining District regulations: “(C)(2) 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 (G).” and ensure that this requirement applies to applications submitted after a certain date. Applicable sections as background information only (language not included in amendment): Applicable Adopted Chapter 4-18 Language “§ 4-18-32 EXISTING MULTI-FAMILY STRUCTURE. (A) For redevelopment with an existing multi-family structure, an applicant must: (2) provide current tenants with: (a) notice and information about the proposed development on a form approved by the Housing director; (b) relocation benefits that: (i) equal four months of rent and fees; and (ii) a fixed payment for moving expense that is consistent with Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, et seq.; and (3) grant current tenants the option to lease for a minimum of 12 months a unit of comparable number of bedrooms, and size following completion of redevelopment; and (4) allow a current tenant to terminate a lease without a penalty; and (5) return security deposits to current tenants.” Amendment 2: Amend the following in § 25-2-652 Density Bonus 90 (DB90) Combining District regulations: “(C)(1) To utilize the regulations described in Subsections (F) and (G), the site’s zoning must include DB90, must include a residential use, and an applicant must comply with Subsection (E).

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July 23, 2024

24 C20-2024-011 - DB90 Revisions Cox Amendment original pdf

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7/25/24, 11:47 AM Fw: Cox DB90 Amendment - Garcia, Ella - Outlook Fw: Cox DB90 Amendment Corona, Nicole <Nicole.Corona@austintexas.gov> Tue 7/23/2024 7:25 PM To: Azhar, Awais - BC <BC-Awais.Azhar@austintexas.gov>; Woods, Alice - BC <BC-Alice.Woods@austintexas.gov> Cc: Land Use Liaison <LandUseLiaison@austintexas.gov>; Harden, Joi <Joi.Harden@austintexas.gov>; Thomas, Eric <Eric.Thomas@austintexas.gov> Please see Commissioner Cox's amendment below. Kind Regards, Nicole Corona (she/her) Administrative Specialist | Current Planning City of Austin | Planning Department Email: Nicole.Corona@austintexas.gov Phone: 512-974-3146 6310 Wilhelmina Delco Dr. Austin, Texas 78752 Please note: E-mail correspondence to and from the City of Austin is subject to required disclosure under the Texas Public Information Act. From: Cox, Grayson - BC <BC-Grayson.Cox@ausntexas.gov> Sent: Tuesday, July 23, 2024 7:11 PM To: Corona, Nicole <Nicole.Corona@ausntexas.gov> Subject: Cox DB90 Amendment Nicole - please forward this to the rest of the PC. Cox Amendment 1: (add red text to ordinance) Part 1. (B) This secon governs over a conflicng provision of this tle or other ordinance except for a condional overlay passed by Council as part of a property's most current zoning ordinance. Grayson Cox Boards and Commissions Scheduled Meeting Disclosure Information: Written disclosure is required by visitors when attending a scheduled meeting with a City Official regarding a municipal question for compensation on behalf of another person. Anyone scheduling or accepting a meeting invitation with a City Official must either acknowledge that the disclosure requirement does not apply or respond to the following survey: https://forms.office.com/g/YQtNBw7nPg IMPORTANT NOTICE: The City of Austin provides e-mail addresses for members of its boards and commissions for their use as board members. This address should not be used for private or personal messages. The views expressed in e-mail messages reflect the views of the authors alone, and do not necessarily reflect the views of any board or commission of which the author may be a member. In particular, the views expressed here do not necessarily reflect those of the City of Austin, or any of its departments, employees or officials. E-mail messages may be subject to required public disclosure under the Texas Public Information Act. about:blank?windowId=SecondaryReadingPane7 1/1

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July 23, 2024

24 C20-2024-011 - DB90 Revisions Haynes Amendments original pdf

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Proposed Haynes Amendment #1 Amend draft ordinance Amending City Code 25-2-652 Related to Regulations that Apply to Density Bonus 90 (DB90) Combining District by Amending Subsection (E) on line 17 by adding new subsections 25-2-652 (E)(1)(c), 25-2-652 (E)(1)(d), and 25-2-652 (E)(2)(c) : (E) Affordability Requirements. (1) Affordability Minimums - Ownership Units. If an applicant develops dwelling units for sale, this subdivision applies. (a) An applicant must reserve a minimum of 12 percent of the residential units as affordable for ownership and occupancy by households earning 80 percent or less of the current Austin-Round Rock Metropolitan Statistical Area Median Family Income as determined by the Housing Director. (b) 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 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. (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 4-18-33. (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. (2) Affordability Minimums - Rental Units. If an applicant develops dwelling units for lease, this subdivision applies. An applicant must reserve: (a) a minimum of 12 percent of the residential units as affordable for lease and occupancy by households earning 60 percent or less of the current Austin-Round Rock Metropolitan Statistical Area Median Family Income as determined by the Housing director; or (b) a minimum of ten percent of the residential units as affordable for lease 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 Housing director. (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 …

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July 23, 2024

Planning Commission Meeting Minutes July 23, 2024 original pdf

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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 …

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July 9, 2024

Agenda original pdf

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REGULAR CALLED MEETING of the PLANNING COMMISSION TUESDAY, July 9, 2024, 6:00 PM AUSTIN CITY HALL, BOARD AND COMMISSION ROOM, ROOM 1101 301 WEST 2ND STREET AUSTIN, TEXAS Some members of the Planning Commission may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live. Public comment will be allowed in-person or remotely via telephone. Speakers may only register to speak on an item once either in-person or remotely. Registration no later than 2 PM the day of the meeting is required for remote participation by telephone. For more information on public comment, please see the agenda section “Speaker Registration”. Please contact Nicole Corona, Staff Liaison, for questions regarding speaker registration at nicole.corona@austintexas.gov or by phone at 512-974-3146. CURRENT BOARD MEMBERS/COMMISSIONERS: Claire Hemple, Chair (District 8) Awais Azhar, Vice Chair (Mayor’s Representative) Greg Anderson, Secretary (District 4) Alice Woods, Parliamentarian (District 2) Patrick Howard (District 1) Felicity Maxwell (District 5) Jennifer Mushtaler (District 6) EX-OFFICIO MEMBERS: Ryan Johnson (District 7) Danielle Skidmore (District 9) Grayson Cox (District 10) Alberta Phillips (Mayor’s Representative) Adam Haynes (Mayor’s Representative) Jessica Cohen, Chair of Board of Adjustment Candace Hunter, AISD Board of Trustees TC Broadnax, City Manager Richard Mendoza – Director of Transportation and Public Works EXECUTIVE SESSION (No public discussion) The Planning Commission will announce it will go into Executive Session, if necessary, according to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters Attorney: Steve Maddox +1 (512) 974-6080 Commission Liaison: Nicole Carona (512) 974-3146 specifically listed on the agenda. The Commission may not conduct a closed meeting without the approval of the city attorney. Private Consultation with Attorney – Section 551.071. CALL TO ORDER PUBLIC COMMUNICATION: GENERAL AGENDA The first four speakers signed up prior to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. APPROVAL OF MINUTES 1. Approve the minutes of the Planning Commission regular meeting on June 11, 2024 and June 25, 2024. PUBLIC HEARINGS 2. Plan Amendment: NPA-2023-0010.02 - East 2nd Street - 2300 Block; District 3 Location: 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 Owner/Applicant: Patrica Ann Pope; LaFayette 2109, LLC; and Isdale Investments, Agent: Request: Staff Rec.: Staff: LLC; and Emily Kolb …

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July 9, 2024

Backup original pdf

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City Council: July 18, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NEIGHORHOOD PLAN: Govalle/Johnston Terrace Combined CASE#: NPA-2024-0016.01.SH PROJECT NAME: 4900 Gonzales Redevelopment PC DATE: July 9, 2024 July 25, 2024 DATE FILED: February 21, 2024 4900 Gonzales Street ADDRESS/ES: DISTRICT AREA: 3 SITE AREA: 19.8078 acres OWNER/APPLICANT: Austin Independent School District (A.I.S.D) AGENT: Husch Blackwell, LLP (Nikelle Meade) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation PHONE: (512) 974-2695 From: Civic Base District Zoning Change To: Mixed Use Related Zoning Case: C14-2024-0019.SH From: P-NP NEIGHBORHOOD PLAN ADOPTION DATE: March 27, 2003 CITY COUNCIL DATE: July 18, 2024 PLANNING COMMISSION RECOMMENDATION: ACTION: To: GR-MU-V-DB90-NP (as amended) City Council: July 18, 2024 July 9, 2024 – (action pending) June 25, 2024 – Postponed to July 9, 2024 at the request of the neighborhood on the consent agenda. [R. Johnson – 1st; F. Maxwell – 2nd] Vote: 8-0 [A. Haynes, C. Hempel, A. Azhar absent. G. Cox off the dais. One vacancy on the dais]. STAFF RECOMMENDATION: Recommended for the Applicant’s request for Mixed Use land use. BASIS FOR STAFF’S RECOMMENDATION: The property is approximately 20 acres owned by the Austin Independent School District (A.I.S.D). Currently, the District’s Alternative Learning Center operates on the property and is also the location of a several non-profit organizations. A.I.S.D. has partnered with The NRP Group to develop the property with approximately 600 – 700 apartments with a possibility for neighborhood- serving commercial uses, in addition, a new Alternative Learning Center campus will be built on the property. The project is S.M.A.R.T. Housing Certified which proposes approximately 350 affordable dwelling units. See information below. The project will help meet the Austin Strategic Housing Blueprint’s goal to provide affordable housing throughout the City. Staff supports the applicant’s request for Mixed Use land use because the property is located near existing Mixed Use land uses, has access to public transportation, is near three activity corridors (Springdale Road, Airport Blvd, and E. 7th Street) and is directly south of the Springdale Station Activity Center. Mixed Use land use is appropriate in this location. 2 City Council: July 18, 2024 3 Below are sections of the Govalle/Johnston Terrace Neighborhood Plan document staff believes supports the applicant’s request. City Council: July 18, 2024 ‐ public facilities, including governmental offices, police, LAND USE DESCRIPTIONS: EXISTING LAND USE: Civic - Any site for public or semi …

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ZONING CHANGE REVIEW SHEET DISTRICT: 4 TO: SF-3-NP CASE: C14-2024-0065 ADDRESS: 606 GAYLOR ST ZONING FROM: SF-6-NP SITE AREA: 0.25 acres PROPERTY OWNER: Certiestates LLC AGENT: Austin Civil Engineering, inc. (Calvin Weiman) CASE MANAGER: Tiffany Magnavice (512-978-0722, tiffany.magnavice@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant family residence – neighborhood plan (SF-3-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: ORDINANCE NUMBER: ISSUES: No issues at this time. CASE MANAGER COMMENTS: The subject rezoning area is undeveloped and approximately 0.25 acres. It is situated at the northwest corner of Gaylor Street (Level 1/Local) and Guadalupe Street (Level 2/Local). To the north are two core transit corridors; North Lamar Boulevard and Airport Boulevard. Development on Gaylor Street and Guadalupe Street is generally characterized by low density multifamily residences, single family, townhouse and condominium residences, mixed use neighborhood offices (MF-2-NP; SF-3-NP; SF-6-NP; NO-MU-NP). There is also transit oriented development along the Capital Metro Rail Redline with uses such as auto services, retail, and commercial services (TOD-NP). Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). The applicant is proposing to rezone the property to the family residence – neighborhood plan (SF-3-NP) combined district zoning for a residential development that will include three (3) dwelling units equaling approximately 3,490 square feet in total. C14-2024-0065 Page 2 Staff is recommending the family residence-neighborhood plan (SF-3-NP) combined district zoning. This property meets the intent of the district and would increase overall housing in this area of the City, as well as support the addition of missing-middle housing units. The required lot size is 14,000 square feet per 25-2-776 B to build three residences. Since this lot is 11,057 square feet, additional property would be needed to meet this requirement. Subsection D 2 also prohibits condos on local streets and Gaylor is designated as a Level 1 street. The new H.O.M.E amendments allow three unit residential on SF1, SF-2 and SF-3 zonings. Three-unit residential use is not a permitted use in the existing zoning, townhome and condominium residence-neighborhood plan (SF-6-NP). BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. Zoning changes should promote an orderly relationship among land uses. The family residence (SF-3) district is the designation for a moderate density single-family residential use and a duplex use on a lot that is a minimum of 5,750 square feet. An SF-3 district designation …

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ZONING CHANGE REVIEW SHEET DISTRICT: 4 TO: SF-3-NP CASE: C14-2024-0064 ADDRESS: 602 GAYLOR ST ZONING FROM: SF-6-NP SITE AREA: 0.29 acres PROPERTY OWNER: Certiestates LLC AGENT: Austin Civil Engineering, inc. (Calvin Weiman) CASE MANAGER: Tiffany Magnavice (512-978-0722, tiffany.magnavice@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant family residence – neighborhood plan (SF-3-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: ORDINANCE NUMBER: ISSUES: No issues at this time. CASE MANAGER COMMENTS: The subject rezoning area is undeveloped and approximately 0.29 acres. It is situated at the northwest corner of Gaylor Street (Level 1/Local) and Guadalupe Street (Level 2/Local). To the north are two core transit corridors; North Lamar Boulevard and Airport Boulevard. Development on Gaylor Street and Guadalupe Street is generally characterized by low density multifamily residences, single family, townhouse and condominium residences, mixed use neighborhood offices (MF-2-NP; SF-3-NP; SF-6-NP; NO-MU-NP). There is also transit oriented development along the Capital Metro Rail Redline with uses such as auto services, retail, and commercial services (TOD-NP). Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). The applicant is proposing to rezone the property to the family residence – neighborhood plan (SF-3-NP) combined district zoning for a residential development that will include three (3) dwelling units equaling approximately 3,903 square feet in total. C14-2024-0064 Page 2 Staff is recommending the family residence-neighborhood plan (SF-3-NP) combined district zoning. This property meets the intent of the district and would increase overall housing in this area of the City, as well as support the addition of missing-middle housing units. The required lot size is 14,000 square feet per 25-2-776 B to build three residences. Since this lot is 12,632 square feet, additional property would be needed to meet this requirement. Subsection D 2 also prohibits condos on local streets and Gaylor is designated as a Level 1 street. The new H.O.M.E amendments allow three unit residential on SF1, SF-2 and SF-3 zonings. Three-unit residential use is not a permitted use in the existing zoning, townhome and condominium residence-neighborhood plan (SF-6-NP). BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. Zoning changes should promote an orderly relationship among land uses. The family residence (SF-3) district is the designation for a moderate density single-family residential use and a duplex use on a lot that is a minimum of 5,750 square feet. An SF-3 district designation …

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Sr. No. Proposed by Topic Proposed Amendment Justification Notes WG Vote Tally 1 2 3 4 5 Maxwell City Staff Maxwell City Staff Woods City Staff Maxwell City Staff Add one full time employee to Zoning team. Woods Training Optional Planning Commission 101 training for PC members, possibly through Texas Municipal League or APA Texas Chapter. Rehearings for VMU cases, DB-90 and numerous additional paper districts being created all leading to increase in zoning cases. Allow for new and existing commissioners to gain valuable knowledge about planning processes, state law, and best practices to inform discussions and improve efficiency. Ensures the ongoing sovereignty of Planning Commission and similar independent commissions and ensures clear separation of oversight/influence for assigned City Staff. Brings more clarity to decision-making related to legal questions that arise at Planning Commission, and improves efficiency at meetings. Explore the establishment of the Office of the Land Use Commissions (OLUC), which will involve the transfer of existing commission liaisons and the recruitment of supplementary staff as needed. OLUC will encompass the Board of Adjustment, Planning Commission, and Zoning and Platting Commission. Additionally, the office will incorporate a specialized legal representative tasked with attending commission meetings in person, exclusively representing the best interests of the commissions. Allocate funds for a singular budgetary expense aimed at engaging a consultant. The purpose of this engagement is to conduct a comprehensive evaluation and review of all operations and methodologies within the Planning Department. The consultant will offer insights and recommendations geared towards enhancing workflow efficiency and improving work outcomes, with a focus on meeting the established timelines mandated by city regulations. Request additional funding for Planning Department outreach, specifically related to Citywide LDC changes. Improve transparency and access to Planning Commission processes. Improve efficiency in communications between Planning Commission and Planning Dept. staff and help Planning Commmission meet established timelines set by City Council. 2 2 2 2 2 Maxwell Vote Woods Vote Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

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ZONING CHANGE REVIEW SHEET CASE: C14-2024-0032 DISTRICT: 8 ZONING FROM: AG-NP ZONING TO: MF-4-NP ADDRESS: 8900 and 8956 W SH HWY 71 SITE AREA: 60.665 acres (2,642,567 sq. ft.) PROPERTY OWNER: Marx Family Property, LLC, a Texas limited partnership AGENT: Dubois Bryant & Campbell, LLP (David Hartman) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to grant multifamily residence (Moderate-High Density) -neighborhood plan (MF-4-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: N/A CASE MANAGER COMMENTS: The property in question is approximately 60.67 acres, undeveloped, has access to Old Bee Caves Road (level 3) and W State Highway 71 (level 5), and is currently zoned agricultural- neighborhood plan (AG-NP) combined district zoning. The property has ranch/farms and undeveloped land (AG-NP, MF-1, P, DR) to the north. To the south there is more ranch/farmland, single family and convenience storage (RR-NP, AG-NP, CS-NP). To the east and west of the property are multifamily, duplex residential, ranch/farmland and undeveloped land (MF-1-NP, MF-1, AG-NP, GR-NP, GO-NP and I-RR). Please refer to Exhibits A (Zoning Map) and B (Aerial View). Staff is recommending the multifamily residence (Moderate-High Density) -neighborhood plan (MF-4-NP) combined district zoning for the proposed 660 multifamily units, C14-2024-0032 2 approximately 11 units per acre for density. The MF-4 request will allow for more height per building and increase the amount of open space on the property. The site is located within the Oak Hill Combined Neighborhood plan (West Oak Hill) and has letters of support from surrounding neighbors. Please refer to the Correspondence from Interested Parties. The Imagine Austin Oak Hill Center is less than a mile south on Highway 71. The property is also within the new Capital Metro Pickup North Oak Hill Service Zone, and approximately 0.70 miles from an existing bus route/stop. This site expands the number of units and housing choice that suits a variety of household sizes, incomes, and lifestyle needs of a diverse population in support of Imagine Austin and the Strategic Housing Blueprint. Please refer to the associated neighborhood plan amendment case, NPA-2024-0025.01, for more staff comments. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The multifamily residence (Moderate-High Density) district is intended to accommodate multifamily and group residential use with a maximum density of 36 to 54 units per acre, depending …

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01- Draft Minutes 6.11.24 original pdf

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1. PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, JUNE 11, 2024 The Planning Commission convened in a regular meeting on Tuesday, June 11, 2024, at Austin City Hall, Board and Commissions Room, Room 1101 301 West 2nd Street, Austin, Texas in Austin, Texas. Chair Hempel called the Planning Commission Meeting to order at 6:06 p.m. Board Members/Commissioners in Attendance: Claire Hempel Awais Azhar Greg Anderson Adam Haynes Ryan Johnson Felicity Maxwell Alice Woods Board Members/Commissioners in Attendance Remotely: Patrick Howard Jennifer Mushtaler Alberta Phillips Danielle Skidmore PUBLIC COMMUNICATION: GENERAL Stuart Hersh, Smart Housing and Housing Crises in Austin. APPROVAL OF MINUTES Approve the minutes of the Planning Commission regular meeting on May 28, 2024. The minutes from the meeting of 05/28/2024 were approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Maxwell’s second on a 10-0 vote. Commissioner Mushtaler was off the dais. Commissioner Cox and Commissioner Barrera-Ramirez were absent. 1 PUBLIC HEARINGS 2. Plan Amendment: NPA-2022-0005.01 - Vargas Mixed Use; District 3 Location: 400 Vargas Road and 6520 Lynch Lane, Country Club East Creek and Colorado River Watersheds Owner/Applicant: Vargas Properties I, LTD and Jayco Holdings I, LTD Agent: Request: Staff Rec.: Staff: Thower Design, LLC (Ron Thrower and Victoria Haase) Commercial to Mixed Use land use Recommended Maureen Meredith, 512-974-2695, maureen.meredith@austintexas.gov Planning Department The motion to deny the Neighborhood’s postponement request to 07/09/2024 or 07/23/2024 was approved on Commissioner Johnson’s motion, Commissioner Maxwell’s second on an 8-2 vote. Those voting aye were Chair Hempel, Vice Chair Azhar, Commissioners: Anderson, Howard, Johnson, Maxwell, Skidmore, Woods. Those voting nay were Commissioners: Haynes, Phillips. Commissioner Mushtaler was off the dais. Commissioner Cox and Commissioner Barrera-Ramirez were absent. The public hearing was closed on Commissioner Woods’ motion, Commissioner Maxwell’s second on a 7-0 vote. Commissioners Anderson, Haynes, Mushtaler, and Phillips were off the dais. Commissioners Cox and Barrera-Ramirez were absent. The motion to approve Staff’s recommendation of Mixed Use land use for NPA-2022- 0005.01 - Vargas Mixed Use located at 400 Vargas Road & 6520 Lynch Lane was approved on Chair Hempel’s motion, Commissioner Woods’ second on an 7-0 vote. Commissioners Anderson, Haynes, Mushtaler, and Phillips were off the dais. Commissioners Cox and Barrera-Ramirez were absent. C14-2022-0107 - Vargas Mixed Use; District 3 400 Vargas Road & 6520 Lynch Lane, Country Club East Creek and Colorado River Watersheds Owner/Applicant: Vargas Properties I LTD & Jayco Holdings I LTD (Jay Chernosky) Agent: …

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