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April 23, 2024

20 C14-2024-0024 - 1304 Rio Grande Rezoning; District 9.pdf original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2024-0024 ZONING FROM: GO DISTRICT: 9 ZONING TO: DMU-CO (8,833 sq. ft.) ADDRESS: 1300 and 1304 Rio Grande Street SITE AREA: 0.20 acres PROPERTY OWNER: Austin Spirirt LLC & Ying McGuire AGENT: HD Brown Consulting (Amanda Brown) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to recommend downtown mixed use – conditional overlay (DMU-CO) combined zoning district. The conditional overlay will limit the height on the property to a maximum of 60 feet. PLANNING COMMISSION ACTION / RECOMMENDATION: April 23, 2024: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: N/A CASE MANAGER COMMENTS: The property in question is approximately 0.20 acres, is developed with a bed and breakfast, has access to West 13th Half Street (level 1), and is currently zoned general office (GO) zoning district. This site is in the Northwest District of the Downtown Area Plan and is located within the Capital View Corridor. The property has several office types around it (DMU-CO, GO, LR, LO, and GO-MU-H-CO) to the north, east, and west. There are multifamily residences zoned (MF-4) to the west, and an Autin Community College campus that is zoned (DMU-CO and DMU-H-CO) to the south. Please refer to Exhibits A (Zoning Map) and B (Aerial View). The staff is recommending the downtown mixed use – conditional overlay (DMU-CO) combined zoning district for a hotel use in the existing building. The proposed zoning is 1 of 1520 C14-2024-0024 - 1304 Rio Grande Rezoning; District 9 C14-2024-0024 2 compatible and consistent with surrounding land uses and zoning patterns in this area as there is existing DMU-CO zoning to the north, south, and east. The Downtown Area Plan calls for DMU 60 for these tracts (please see attached Exhibit D- Downtown Austin Plan Exhibits). Per the comprehensive plan review comments this site meets nine (9) of the Imagine Austin Decision Guidelines. The site is in the Imagine Austin Growth Concept Map, more specifically it is within the Downtown Regional Center and 0.21 miles east of Lamar Boulevard, a core transit corridor. There is a bus route approximately 0.12 miles to the east on West 15th street. Within 0.5 miles there are goods and services and or an employment center, public schools and a university, a health facility, cultural resource, and neighborhood park. Pease Elementary and the Austin Community College: Rio Grande Campus are both south. In addition, there is a public …

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April 23, 2024

21 C14-2024-0031 - 2105 South Congress Avenue; District 9.pdf original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2024-0031 – 2105 South Congress Avenue DISTRICT: 9 ADDRESS: 2101, 2105, 2109 South Congress Avenue, 110 East Live Oak Street, 2113 Nickerson Street ZONING FROM: CS-MU-V-NP & GR-MU-V-NP TO: CS-MU-V-DB90-NP & GR-MU-V-DB90- NP SITE AREA: 2.834 acres PROPERTY OWNER: SOCO Development, LLC (Brad Stein) AGENT: Drenner Group (Drew Raffaele) CASE MANAGER: Marcelle Boudreaux (512-974-8094, marcelle.boudreaux@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant general commercial services – mixed use - vertical mixed use building – density bonus 90 - neighborhood plan (CS-MU-V-DB90- NP) combining district zoning for Tract 1 and community commercial – mixed use – vertical mixed use – density bonus 90 – neighborhood plan (GR-MU-V-DB90 -NP) combining district zoning for Tract 2. For a summary of the basis of Staff’s recommendation, please see pages 2 – 4. PLANNING COMMISSION ACTION / RECOMMENDATION: April 23, 2024 CITY COUNCIL ACTION: May 30, 2024 ORDINANCE NUMBER: ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 1 of 1421 C14-2024-0031 - 2105 South Congress Avenue; District 9 C14-2024-0031 Page 2 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zone, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant submitted a rezoning application to request the -DB90 combining district, in order for the City to continue review of site plan. CASE MANAGER COMMENTS: The subject rezoning area consists of 2.834 acres and is located at the northeast corner of South Congress Avenue and East Live Oak Street. The property is currently developed with retirement housing and auto repair service uses. The portion currently zoned base district CS is Tract 1 and Tract 2 encompasses the portion zoned with base district GR. The property is located within the Greater South River City Combined Neighborhood Plan area. To the north across Leland Street is Lively Middle School (P-NP). To the east are apartments and single family residences (SF-3-NP; GR-MU-CO-NP). Across from the site to the south, with frontage on East Live Oak Street, includes restaurants, food trucks, and the Travis County Public Defender’s office (CS-MU-NP; CS-MU-V-NP; P-NP; MF-3-NP). Across from the site to the west, with frontage on South Congress …

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April 23, 2024

22 C14-2024-0029 - 2706 Gonzales Street and 2730 East 7th Street; District 3.pdf original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2024-0029 – 2706 Gonzales & 2730 E 7th DISTRICT: 3 ADDRESS: 2706 Gonzales Street & 2730 East 7th Street ZONING FROM: CS-V-NP TO: CS-V-DB90-NP SITE AREA: 3.117 acres PROPERTY OWNER: The Dale L. Martin and Suzan S. Martin Revocable Trust AGENT: Dubois Bryant & Campbell, LLP (David Hartman) CASE MANAGER: Marcelle Boudreaux (512-974-8094, marcelle.boudreaux@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant general commercial services – vertical mixed use building – density bonus 90 - neighborhood plan (CS-V-DB90-NP) combining district zoning. For a summary of the basis of Staff’s recommendation, please see pages 2 – 4. PLANNING COMMISSION ACTION / RECOMMENDATION: April 23, 2024 CITY COUNCIL ACTION: May 30, 2024 ORDINANCE NUMBER: ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zone, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant submitted a rezoning application to request the -DB90 combining district, in order for the City to continue review of site plan. 1 of 1122 C14-2024-0029 - 2706 Gonzales Street and 2730 East 7th Street; District 3 C14-2024-0029 Page 2 CASE MANAGER COMMENTS: The subject rezoning area consists of 3.117 acres and is located at the northwest corner where Gonzales Street, East 7th Street and North Pleasant Valley Road intersect. The property is currently developed with a general retail sales establishment (auto parts) and associated parking, and a drive-through restaurant previously occupied the property. The property is located at the northwest corner where Gonzales Street and East 7th Street cross, at the intersection with North Pleasant Valley Road within the Govalle/ Johnston Terrace Neighborhood Plan area. To the north and west is Parque Zaragoza neighborhood park (P-NP), as the property is situated at the Park’s southeast corner within the block that forms the park. To the east across North Pleasant Valley Road is single family residential (SF-3-NP). Immediately across from the site to the south, frontage on East 7th Street includes a commercial center with anchor grocery and supporting commercial (GR-NP) and on Gonzales Street is an automotive service and repair station (CS-V-CO-NP). Please refer to Exhibits …

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April 23, 2024

24 C14-2023-0094 - Merle; District 5.pdf original pdf

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************************************************************************ MEMORANDUM TO: Claire Hempel, Chair Planning Commission Members FROM: Nancy Estrada Planning Department DATE: April 17, 2024 RE: C14-2023-0094 – 4405 Merle Drive Postponement Request by Staff ************************************************************************ Staff requests a postponement of the above referenced rezoning case from the April 23, 2024, Planning Commission hearing to May 28, 2024, in order for the applicant to provide additional information. 1 of 124 C14-2023-0094 - Merle; District 5

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April 23, 2024

26 P-2023-0113C - DC-2422; District 3.pdf original pdf

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PLANNING COMMISISON SITE PLAN – COMPATIBILITY WAIVER ONLY CASE NUMBER: SP-2023-0113C PLANNING COMMISSION HEARING DATE: April 23, 2024 PROJECT NAME: DC-2422 ADDRESS: 2422 E. 7th Street COUNCIL DISTRICT: 3 OWNER: ENGINEER: DC-2422, LLC 2120 E. 7th St. #200 Austin, TX 78702 Milian Consulting LLC (Maximiliano Martinez) 1006 Vargas Rd. Austin, TX 78741 (956) 251-5146 (512) 978-4555 CASE MANAGER: Kate Castles Kate.Castles@austintexas.gov NEIGHBORHOOD PLAN: Govalle Neighborhood Plan Area PROPOSED DEVELOPMENT: The applicant is proposing to develop vacant land on five lots zoned CS-CO-NP into a commercial mixed-use development. The applicant is proposing to build 3,870 square feet of Restaurant (General), 1,374 square feet of General Retail, 39,988 square feet of Professional Office, and 1 efficiency accessory dwelling unit (498 square feet). The site will have a single driveway accessing E. 7th Street and will provide landscaping, on-site bicycle parking, and public sidewalk improvements on 0.53 acres. The applicant has already received a compatibility variance from the Board of Adjustment to increase the height limits of the proposed building. One waiver from compatibility setback requirements is being requested from the Planning Commission. DESCRIPTION OF WAIVER: The applicant is requesting a waiver from § 25-2-1063(B)(1), which requires a structure setback of 25 feet from property zoned as SF-5 or more restrictive. The proposed building is located within the 25-foot compatibility setback from the property line of the SF-3-NP zoning district located to the north across an alley. The proposed building is currently located approximately 17 feet from the adjacent property line of the SF-3-NP zoning district and is also separated by right-of-way. SUMMARY STAFF RECOMMENDATION: The proximity of the SF-3-NP district triggers the 25-foot compatibility setback regulation. However, the proposed development and the triggering SF-3-NP properties are currently separated by an alley. Additionally, the SF-3-NP district is immediately adjacent to a GR-MU-CO-NP district to the east. The SF-3-NP properties located to the north are developed as single-family use. The adjacent property to the north is zoned GR-MU-CO-NP and developed as mixed-use residential, retail, and automotive repair services uses. 1 of 926 P-2023-0113C - DC-2422; District 3 Ordinance No. 030327-11a rezoned the property from LI to CS-CO-NP in 2003. The ordinance prohibited adult oriented businesses, kennels, residential treatment, campground, pawn shop services, and vehicle storage uses, and made agricultural sales and services, limited warehousing and distribution, laundry services, equipment repair services, construction sales and services, building maintenance services, and equipment sales uses conditional. The …

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April 23, 2024

27 North BurnetGateway Regulating Plan; District 7.pdf original pdf

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ORDINANCE AMENDMENT REVIEW SHEET C20-2024-007 Amendment: C20-2024-007 Amendments to the Regulating Plan for the North Burnet/Gateway Zoning District to change the expiration date for approved preliminary plans for property subject to the North Burnet/Gateway Regulating Plan. Background and summary of proposed code amendment: Initiated by the City Council under Resolution No. 20240321-037. Council Sponsors: Mayor Pro Tem Leslie Pool, Council Member José ''Chito'' Vela, Council Member Zohaib ''Zo'' Qadri, Council Member Mackenzie Kelly. Conduct a public hearing and consider a recommendation for an ordinance amending City Code Title 25 to modify Regulating Plan for the North Burnet/Gateway Zoning District to change the expiration date for approved preliminary plans for property subject to the North Burnet/Gateway Regulating Plan. The amendment will create a new section under 1.3.4. Exemption from Certain Preliminary Plan Requirements as described in Exhibit “A” and achieve the following: 1. Extend the expiration date of approved Preliminary Plans in the North Burnet/Gateway Regulating Plan from five years to ten years with one five-year extension at the discretion of the Director of Development Services Department (Director), for a maximum period of 15 years from the original Preliminary Plan expiration date. 2. Apply this amendment to projects of 50 acres or more located within the boundaries of the North Burnet/Gateway Regulating Plan area. 3. Existing projects in the North Burnet/Gateway Regulating Plan with approved Preliminary Plans that meet the 50 acres or more criteria are extended to the full ten-year period, with one five-year extension at the discretion of the Director. The Imagine Austin Comprehensive Plan identified the North Burnet/Gateway and Domain areas as a Regional Center and Austin's "second downtown." The North Burnet/Gateway Vision Plan was adopted in 2006, followed with adoption of the North Burnet/Gateway Regulating Plan (the Plan) in 2009 that set development and design standards for the area. Multiple amendments to the Plan since 2013 have facilitated the redevelopment of the area's older industrial, office, and warehouse sites in favor of mixed-use development with increased housing density, variety of office spaces, and vibrant store fronts for small retail business. The recent construction of two new Red Line commuter rail stations, one at the Uptown ATX campus and the other at McKalla to serve the Q2 Stadium have generated significant development interest in the area. The Plan has been updated on several occasions per City Council and Planning Commission initiation of amendments to City Code Title 25 …

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April 23, 2024

Agenda original pdf

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PLANNING COMMISSION AGENDA Tuesday, April 23, 2024 The Planning Commission will convene at 4:00 PM on Tuesday, April 23, 2024, at City Hall, Council Chambers 1001 301 W. Second Street, Austin, TX. 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 Greg Anderson – Secretary (District 4) Awais Azhar – Vice-Chair (Mayor) Nadia Barrera-Ramirez (District 3) Grayson Cox (District 10) Adam Haynes (Mayor) Claire Hempel – Chair (District 8) Patrick Howard (District 1) Ryan Johnson (District 7) Felicity Maxwell (District 5) Jennifer Mushtaler (District 6) Alberta Phillips (Mayor) Danielle Skidmore (District 9) Alice Woods – Parliamentarian (District 2) Ex-Officio Members Jessica Cohen – Chair of Board of Adjustment Jesús Garza – Interim City Manager Candace Hunter – AISD Board of Trustees 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, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters specifically listed on this agenda. The Commission may not conduct a closed meeting without the approval of the city Attorney: Steven Maddoux 512-974-6080 Executive Liaison: Joi Harden 512-974-1617 Commission Liaison: Andrew Rivera, 512-974-6508 attorney. Private Consultation with Attorney – Section 551.071 PUBLIC COMMUNICATION The first four (4) speakers signed up prior to the closure of speaker registration 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 March 12, 2024 and April 9, 2024. PUBLIC HEARING 2. LDC Amendments Request: Staff Rec.: Staff: Land Development Code Amendments: Citywide Compatibility, Electric Vehicle Charging and HOME Phase 2 Discussion and possible action to recommend amendments to City Code Title 25 (Land Development) that would: revise height, building placement, and other related regulations that apply to property and are in addition to the base zoning regulations (also known as Compatibility Standards); create regulations that allow properties to be used for charging electric vehicles and revise regulations that apply to lots with one housing unit and regulations that apply to flag lots. Recommended Citywide Compatibility - Johnathan Lee 512-974-7232; Electric Vehicle Charging - Eric Thomas, 512-974-7940; HOME Phase 2 - Laura Keating 512-978-1584. 3. Plan Amendment: Location: Owner/Applicant: Agent: Request: Staff Rec.: Staff: Postponement Request: NPA-2023-0025.01 - 5725 W. US Hwy 290 Eastbound; …

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April 23, 2024

00 Speaker Registration Information.pdf original pdf

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SPEAKER REGISTRATION All participants wishing to address the commission must register to speak. Public participation is available by teleconference or in-person. Teleconference Registration Registration for participation by teleconference closes on Monday April 22, 2024 at 6:00 PM. Teleconference code and additional information to be provided after the closing of the teleconference registration period. In-Person Registration While in-per son registrants are encouraged to regis ter in advance of the meeting, in-pe rson registration closes at 3:00 PM the day of the meeting utilizing a mobile device to scan the displayed in Council chambers. Mobile devices will also below QR code which will be be available at the meeting for public use for the purpose of speaker registration. Speaker Donation of Time For discussion cases, speaker donation of time is an available option for in-person participants. Both the registered speaker donating time and the speaker recipient must be present when the public hearing is conducted. See chart below regarding speaker time allotments. Click on link below or scan the QR code and submit the form to register to speak. Speakers should submit a separate registration form for each item of interest. https://forms.office.com/g/irmTaGAqPp Please contact Andrew Rivera, Commission Liaison, for ques�ons regarding speaker registra�on at Andrew.rivera@aus�ntexas.gov or by phone 512-974-6508. Presenta�ons and handouts are requested to be e-mailed to Commission Liaison Andrew Rivera at Andrew.rivera@aus�ntexas.gov by 1:00 PM day of the mee�ng. PARKING & VALIDATION Parking is available at the City Hall parking garage and is free with validation. SPEAKER TIME ALLOTMENT: The anticipated allotted speaker time is 2 minutes per registered speaker. An in-person speaker can receive donated time from 2 registered speakers present in-person. Please contact Andrew Rivera, Commission Liaison, for questions regarding speaker registration at Andrew.rivera@austintexas.gov or by phone 512-974-6508. Presentations and handouts are requested to be e-mailed to Commission Liaison Andrew Rivera at Andrew.rivera@austintexas.gov by 1:00 PM day of the meeting. PARKING & VALIDATION Parking is available at the City Hall parking garage and is free with validation.

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April 23, 2024

02 Draft Ordinance Compatibility Standards.pdf original pdf

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WORKING DRAFT – SUBJECT TO CHANGE PLANNING COMMISSION – VERSION 1 APRIL 23, 2024 ORDINANCE NO. AN ORDINANCE REPEALING AND REPLACING ARTICLE 10, SUBCHAPTER C OF CITY CODE CHAPTER 25-2 RELATING TO COMPATIBILITY STANDARDS; AND AMENDING CITY CODE SECTION 25- 2-1176 RELATING TO DOCKS, MARINAS, AND OTHER LAKEFRONT USES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. Article 10 (Compatibility Standards), Subchapter C of City Code Chapter 25-2 is repealed and replaced to read: ARTICLE 10. COMPATIBILITY STANDARDS. Division 1. General Provisions. § 25-2-1051 APPLICABILITY. Except as provided in Section 25-2-1052 (Exceptions) or another specific provision of this title, this article applies to a site that is: (1) zoned multi-family residence moderate-high density (MF-4) or less restrictive; and (2) located within 75 feet of a triggering property. § 25-2-1052 EXCEPTIONS. This article does not apply to: (1) (2) a structural alteration that does not increase the square footage, area, or height of a building; a site zoned Central Business District (CBD) or Downtown Mixed-Use (DMU); or (3) a site that is used for: (a) duplex use; (b) single-family attached residential use; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 1 of 5 COA Law Department 4/18/2024 1:38 PM Compatibility Standards 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 WORKING DRAFT – SUBJECT TO CHANGE PLANNING COMMISSION – VERSION 1 APRIL 23, 2024 (c) single-family residential use; (d) two-unit residential use; (e) three-unit residential; (f) adult-care services use (limited or general); or (g) childcare services use (limited or general). § 25-2-1053 TRIGGERING PROPERTY. A triggering property is a site: (1) with at least one dwelling unit but less than four dwelling units; and (2) zoned Urban Family Residence (SF-5) or more restrictive. § 25-2-1054 SITE-SPECIFIC AMENDMENTS. (A) Except as provided in Subsection (B), council may grant site-specific amendments to height limits established in Section 25-2-1061 (Compatibility Height Limits) if council determines that an amendment is appropriate and will not harm the surrounding area. (B) A site is not eligible for a site-specific amendment if the site is: (1) zoned: (a) special purpose base zoning district; (b) density bonus (DB) combining district; or (2) subject to the university neighborhood overlay (UNO). (C) …

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April 23, 2024

02 Draft Ordinance HOME Phase 2.pdf original pdf

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WORKING DRAFT – SUBJECT TO CHANGE PLANNING COMMISSION – VERSION 1 APRIL 23, 2024 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 25 (LAND DEVELOPMENT CODE) OF THE CITY CODE RELATING TO REGULATIONS THAT APPLY TO PROPERTY WITH ONE DWELLING UNIT AND FLAG LOTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. Section 25-1-21 (Definitions) of City Code is amended to amend Subdivision (103) to read: (103) SIDE LOT LINE means a lot line intersecting the front lot line and extending a minimum distance of 25 [75] feet. PART 2. Section 25-1-22 (Measurements) of City Code is amended to amend Subsection (A) to read: § 25-1-22 MEASUREMENTS. (A) For MF-1 and less restrictive, lot [Lot] area is the net horizontal area within the lot lines, excluding the portion of the lot that: (1) [that] provides street access, if the lot is a flag lot; or (2) [that] is located below 492.8 feet of elevation above sea level, if the lot is adjacent to Lake Austin. (B) For SF-6 and more restrictive, lot area is the net horizontal area within the lot lines and: (1) (2) includes the portion of the lot that provides street access, if the lot is a flag lot, and excludes the portion of the lot that is located below 492.8 feet of elevation above sea level, if the lot is adjacent to Lake Austin. (C) Lot depth is the horizontal distance between the mid-point of the front lot line and the midpoint of the rear lot line. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4/18/2024 2:05 PM HOME 2: 1 Unit Regulations & Flag Lots Page 1 of 11 COA Law Department 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 WORKING DRAFT – SUBJECT TO CHANGE PLANNING COMMISSION – VERSION 1 APRIL 23, 2024 (D[C]) Except as otherwise provided in this title, lot width is measured at the front setback line and at a distance of 20 [50] feet to the rear of the front setback line. (E[D]) In determining required yards and setbacks for an irregularly shaped lot or a lot bounded by only three lot lines, the rear lot line is: (1) a …

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April 23, 2024

02 EV Charging Use.pdf original pdf

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WORKING DRAFT – SUBJECT TO CHANGE PLANNING COMMISSION - VERSION 1 APRIL 23, 2024 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE CHAPTER 25-2 TO ESTABLISH A NEW USE AND SITE DEVELOPMENT REGULATIONS FOR ELECTRIC VEHICLE CHARGING. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. Subsection (B) of City Code Section 25-2-4 (Commercial Uses Described) is amended to add a new use of “Electric Vehicle Charging” and to renumber the remaining uses accordingly: (25) ELECTRIC VEHICLE CHARGING use is the use of a site for the charging of an electric vehicle, including battery charging stations and rapid charging stations, each as defined by the United States Department of Energy. PART 2. City Code Chapter 25-2, Subchapter C, Article 4, Division 2 (Commercial Uses) is amended to add a new Section 25-2-819 to read: § 25-2-819 ELECTRIC VEHICLE CHARGING USE. (A) This section applies to an electric vehicle charging use as a principal use. (B) This section does not apply to an electric vehicle charging use as an accessory use. (C) This section governs over a conflicting provision of this title or other ordinance unless the conflicting provision is more restrictive. (D) In this section: (1) a roadway description has the meaning assigned in Article 5 (Definitions) of Subchapter E; and (2) distance is measured from lot line to lot line. (E) Electric vehicle charging stations must be located at ground level or above. (F) Electric vehicle charging use is a permitted use on a site with a commercial or industrial base zoning district and: (1) an existing service station use; or (2) a discontinued service station use, if a subsequent use on the site did not include a restaurant (general) use, a restaurant (limited) use, or a residential use. Page 1 of 3 COA Law Department 4/18/2024 1:50 PM Electric Vehicle Charging WORKING DRAFT – SUBJECT TO CHANGE PLANNING COMMISSION - VERSION 1 APRIL 23, 2024 (G) Subject to the requirements of Subsections (H), (I), and (J), electric vehicle charging use is a permitted or conditional use on a site zoned: (1) General Commercial Services (CS); (2) Commercial Liquor Sales (CS-1); (3) Commercial Highway (CH); (4) Industrial Park (IP); (5) Major Industry (MI); (6) Limited Industrial …

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April 23, 2024

02 Public Comments.pdf original pdf

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Compatibility 4/3/2024 Seventy-five feet trigger distance in excessive. It is out of the norm of peer cities. Fifty feet is plenty. Compatibility 4/3/2024 Public Input Public Input Compatibility 4/3/2024 Email Compatibility 4/3/2024 Public Input Compatibility 4/3/2024 Email I oppose the proposed amendments. These changes threaten to erode the unique character & heritage of our city by favoring developments that could push out long-term residents in pursuit of profit, fundamentally altering the fabric of our communities. Increasing height limits near residential areas disregards the importance of maintaining the aesthetic & historical integrity of our neighborhoods. Moreover, granting City Council the power to adjust these limits on a case-by-case basis opens the door to inconsistent decision-making, potentially influenced by developers' interests over those of the community. This approach undermines democratic principles, replacing clear, equitable rules with discretionary judgments. As Austin continues to grow, it's crucial that development policies prioritize preserving our city, protecting its residents, & ensuring that progress benefits the whole community equitably. We must demand transparency & fairness in our city’s planning processes. Hello, I have a question on the side-by-side comparison table between the current compatibilty code and the proposed changes. For height limits it sets 0 height for 25ft or less, which it also calls a compatibility buffer. But under the compaitibility buffer section, it says not required for certain cases (townhomes, small condo, and particularly residential-scale commercial). Just to be certain - does that exemption cancel out the 0ft height requirement within 25 feet? And if it does, what height requirement goes there instead. Hello, I have a comment on the compatibility code changes for noise from mechanical equipment. The 70dB of the current code is huge for today's standards. A new standard needs to be set - along the lines of "barely audible by a reasonable person at the triggering property". Or a number like like 50dB. Or even like "whichever satisfies" for the two! Somewhere along those lines. Also, much more needs to be said about rooftop machinery. That machinery should definitely be barely or non-audible. And solid screening that acts as an effective outward noise deflector should be specified for it. Also for rooftop machinery, it should be clarified if it's part of the building for max height requirement, or if it's on top the max height requirement (like an additional 5 foot allowance for instance). That's because the screening for it is "structure" …

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April 23, 2024

02 WG Submitted Amendment EV Charging.pdf original pdf

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EV Charging No. Commissione Reference Pg #/Section Proposed Amendment Proposed Text Change References and Notes WG Vote Azhar Vote Cox Vote Haynes Vote Johnson Vote Maxwell Phillips Vote r Document # (if needed) Tally Vote 1 Cox pgs 2-3 Remove roadway (J) Electric vehicle charging use is a As electric vehicles 6/6 Yes Yes yes yes Yes Yes JOINT PUBLIC HEARING - VERSION 1 MARCH 29, 2024 classification restriction conditional use if the site: lower in price, the major for conditional use of (1) is zoned with a zoning district barrier to mass EV Charging. included in Subsection (G); and (Underline added text/Strikethrough deleted text) Text Change Included in Amendment (YES/NO) Yes (2) front-faces or side-faces one of the following roadways: (a) a core transit corridor; (b) a future core transit corridor; (c) an urban roadway. adoption will be the lack of home charging for renters. In these scenarios it might be beneficial to have small EV charging sites along smaller roadways, subject to an approved CUP.

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April 23, 2024

02 WG Submitted Amendments Compatability.pdf original pdf

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Compatibility No. 1 Commissione Reference Proposed Amendment Proposed Text Change (Underline added text/Strikethrough Text Change References and Notes (if WG Vote Azhar Cox Vote Haynes Johnson Maxwell Phillips Johnson Draft Clarify existing language that Strike from lines 54-57: "less than 40 feet and the site is zoned:(1) Current language was vague - 5/6 Yes yes yes yes yes Included in Yes Pg 3 Ordinance v1 "compatibility" height limits do neighborhood office (NO);(2) limited office (LO); or(3) neighborhood I propose changing the not apply to zoning categories commercial (LR)" and replace with the words "40 feet or less." with a maximum height of up 40 feet (remove redundancy). language just to clarify that districts with a height limit equal to or less than 40 feet are exempt from compatibility height restrictions, and to simplify the text. 2 Johnson Draft 3-4 Clarify existing language Replace (B)(2) beginning on line 72 with: Yes Updated per 4/15 WG 5/6 Yes yes yes yes yes Ordinance v1 regarding which districts (2) A compatibility buffer is not required if the site is zoned: meeting compatibility buffers apply to. (a) neighborhood office (NO); 3 Johnson Draft 4 Reduce the width of a required Yes Updated on 4/16 - narrow lots 5/6 Yes yes Yes yes yes Ordinance v1 buffer on narrow lots (less than (D) Except as provided by Subsection (E) below or a site-specific can use a 15-foot buffer (with (b) limited office (LO); or (c) neighborhood commercial (LR). Replace lines 60-64 with the following: 75 feet wide), to a 15-foot wide amendment to this section, a structure that is located: an increased Screening Zone) Screening Zone; allow up to 35ft (1) at least 50 feet but less than 75 feet from a triggering property instead of the 25 ft buffer on of height next to the increased may not exceed 60 feet; and larger lots (10' screening/15' screening zone. (2) less than 50 feet from a triggering property may not exceed 40 restricted). Allow up to 35 ft (E) On lots less than 75 feet wide (as measured from the triggering requirements by ~50% in 15' property line(s)), a structure that is located: screening zone - additional (1) at least 50 feet but less than 75 feet from a triggering property small tree, additional 5 shrubs. next to screening zone on narrow lots. Increase planting (2) at least 25 feet but less than 50 feet …

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April 23, 2024

02 WG Submitted Amendments Home Phase 2.pdf original pdf

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HOME PHASE 2 No. Commissione # 4 Reference Pg #/ Proposed Amendment Proposed Text Change (Underline added text/Strikethrough References and Notes (if WG Vote Azhar Vote Cox Vote Haynes Vote Johnson Vote Maxwell Phillips Vote r Document Section deleted text) needed) Tally Vote Text Change Included in Amendment (YES/NO) 1 Johnson Draft Remove setbacks for "internal" lot Modify 25-2-779(F)(4) with the following: Yes MODIFIED 4/19 to put 6/6 Yes Yes Yes Yes Yes Yes Ordinance lines (aka setbacks between new v1 lots created from a replat), maintain (4) Except as provided in Subdivisions (5) and (6) , the following 5 foot setback from original side setbacks apply... and rear property lines. Replace 25-2-779(F)(5) with the following: front and side street setbacks into a separate amendment 2 Johnson Draft 4 Reduce the minimum lot width to Yes MODIFIED 4/19 to 15 5/6 Yes Yes No - I want to Yes Yes Yes Ordinance 15 feet. least 20 15 feet wide." v1 feet - compromise to still allow townhouses and other attached units without being overly wide. Prohibition on driveway access for small frontages remains untouched. MODIFIED 4/19 - clarified 4/6 go to 30 but not doing an amendment b/c I know support is not there. 3 Johnson Draft 4 Allow for "back lots" to be created Direct staff to propose a mechanism for the creation of lots that do Yes No Yes Yes Yes Yes Ordinance without frontage on a public street, not have street frontage, as long as they have adequate room for to be direction to v1 as long as they have utility and utilities, first responder and physical access guaranteed by staff/less prescriptive physical access via a permanent permanent easement, and meet other required lot standards (i.e. easement shown on the width, area). One potential approach is described below, using the subdivision. term "back lots." Houston, Charlottesville VA, Cleveland OH, and (5) The minimum setback from any property line directly abutting another small lot residential use on property zoned SF-3 or more restrictive is zero. (6) Except for a side-street setback, when an attached dwelling unit abuts a property line, the minimum setback for that property line is zero." Modify line 82 to read: "(2) Except for a flag lot, a lot must be at numerous other cities have a similar mechanism under different names (sub lots, townhouse lots, etc). Insert new subsection (10) under 25-1-21 (Definitions) and …

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April 23, 2024

23 C14-2023-0109 - 4323 S Congress Avenue; District 3.pdf original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2023-0109 – 4323 South Congress Ave. DISTRICT: 3 ADDRESS: 4321 ½, 4323 ½, 4323 and 4329 S Congress Avenue ZONING FROM/TO: LI-PDA-NP, to change conditions of zoning, including the maximum height, maximum number of dwelling units and maximum floor-to-area ratio (FAR) SITE AREA: 9.337 acres PROPERTY OWNER: SE Austin Global Land, LLC AGENT: Drenner Group, PC (Leah M. Bojo) CASE MANAGER: Nancy Estrada (512-974-7617, nancy.estrada@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant an amendment to limited industrial services – planned development area – neighborhood plan (LI-PDA-NP) combining district zoning. The amendment would allow a maximum floor-to-area (FAR) ratio increase of 1.5:1 to 1.75:1, a maximum height increase from 60 feet to 90 feet, an increase to the number of residential units from 400 units to 620 units, and an increase in the number of residential units per acre from 42.2968 to 66.4025 as shown in Attachment A, the proposed revised ordinance. PLANNING COMMISSION ACTION / RECOMMENDATION: April 23, 2024: March 26, 2024: Approved a POSTPONEMENT REQUEST by the neighborhood to April 23, 2024 [A. AZHAR; F. MAXWELL – 2nd] (10-0), G. ANDERSON, P. HOWARD, A. PHILLIPS – ABSENT CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: 1 of 2123 C14-2023-0109 - 4323 S Congress Avenue; District 3 C14-2023-0109 Page 2 CASE MANAGER COMMENTS: The subject rezoning area is approximately 9.33 acres and is located at the southeast corner of South Congress Avenue and Industrial Boulevard, just south of East Ben White Boulevard. Development in this area is generally characterized by warehouses containing distribution and supply companies, fabrication companies, construction sales and service businesses, and outside storage uses (LI-NP; LI-CO-NP; LI-PDA-NP). Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). Currently the property is developed with two multifamily residential buildings and the readapted Saint Elmo Public Market. There are 387 units within the existing multifamily buildings with the associated parking garage. The public market is within an existing warehouse building that is approximately 48,000 square feet and contains a cocktail lounge, bowling alley, and outdoor patio uses. As set forth in Land Development Code Section 25-2-441, the regulations of a planned development area (PDA) may modify: 1) permitted or conditional uses authorized by the base zoning district, 2) site development regulations except for compatibility standards, and 3) off-street parking or loading regulations, sign regulations or screening regulations applicable in the base district. The Applicant is proposing …

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April 23, 2024

25 C14-96-0127(RCT) - 5209 S Pleasant Valley; District 2.pdf original pdf

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RESTRICTIVE COVENANT TERMINATION REVIEW SHEET DISTRICT: 10 CASE: C14-96-0127(RCT) – 5209 S. Pleasant Valley ADDRESS: 5209, 5205, 5303 South Pleasant Valley Road and 5302 Woodland Oaks Court EXISTING ZONING: GO-NP SITE AREA: 2.3269 acres PROPERTY OWNER: Austin Travis County Youth Services, Inc. (Robert Martinez) AGENT: Drenner Group, PC (Leah M. Bojo) CASE MANAGER: Nancy Estrada (512-974-7617, nancy.estrada@austintexas.gov) STAFF RECOMMENDATION: Staff recommends granting a Termination of the Restrictive Covenant. PLANNING COMMISSION ACTION / RECOMMENDATION: April 23, 2024: CITY COUNCIL ACTION: RESTRICTIVE COVENANT TERMINATION RECORDING NUMBER: ISSUES: None at this time. CASE MANAGER COMMENTS: The proposed Restrictive Covenant Termination area is comprised of approximately 2.33 acres and is located east of South Pleasant Valley Road between Terri Road and East Stassney Lane. The subject area was rezoned from the family residence (SF-3) district to the general office (GO) district in 1997. It is currently developed as a youth center. The rezoning case included a public Restrictive Covenant that specified that if use of the Property as “GO” General Office district is discontinued for 90 consecutive days, the Owner of the Property will not object to the City of Austin rezoning the property to “SF-3” Family Residence district as defined in Chapter 13-2 of the City Code. C14-96-0127(RCT) Page 2 Please refer to Exhibits A (Zoning Map), A-1 (Aerial View) and B (1997 Rezoning Ordinance and Restrictive Covenant). The Applicant proposes to terminate the Restrictive Covenant in order to allow for multifamily residential development under the Affordability Unlocked program. Currently, the applicant has both S.M.A.R.T. Housing and Affordability Unlocked applications in staff review with the Housing Department. BASIS OF RECOMMENDATION: Staff supports the Termination request. Currently there is multifamily residence-low density (MF-2) zoning adjacent to the south of this property as well as to the southeast. Multifamily residence-limited density (MF-1) zoning is also located directly to the west across South Pleasant Valley Road. This area is supported by public transit with Capital Metro bus routes/stops along South Pleasant Valley Road, East Stassney Lane and Terri Road. These are all major arterials that are a part of the ASMP Transit Priority Network. EXISTING ZONING AND LAND USES: ZONING GO-CO Site North SF-3-NP South MF-2-NP; LR-NP East SF-3-NP; MF-2-NP West MF-1-NP; SF-3-NP; LR-NP LAND USES Youth Center Single family residential Multifamily residential; Service station; Commercial uses Single family residential; Multifamily residential Multifamily residential; Single family residential; Restaurant; NEIGHBORHOOD PLANNING AREA: Southeast Combined (Franklin Park) WATERSHEDS: …

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April 23, 2024

02 Public Correspondence.pdf original pdf

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April 11, 2024 Austin City Council and Planning Commission 301 W. Second Street Austin, TX 78701 Re: Amendment C20-2023-021 - Electric Vehicle Charging Land Use EVgo welcomes the opportunity to provide input on the recommendations and draft ordinance to establish electric vehicle (EV) charging as a use within the City of Austin land development code. As one of the nation’s largest public fast charging providers, EVgo has over a decade of experience building, owning, and operating fast charging stations across the country.1 The City of Austin has positioned itself as a leader in vehicle electrification, setting an ambitious and achievable goal to electrify 40 percent of all vehicle miles traveled by 2030, including full electrification of private gig, rideshare, delivery, and public health vehicles.2 Achieving this goal will require a significant increase in public EV charging infrastructure over the next decade. To date, many public EV charging installations have been accessory to existing establishments like grocery stores, malls, or offices, allowing drivers to charge at the places they already frequent. However, growing demand for charging will require a variety of site types and use cases, including larger charging sites where EV charging is intended as a primary use of a property. Standalone charging facilities are essential to meeting growing citywide demand for charging and ensuring an equitable transition to electric vehicles. These larger sites not only accommodate increased charging needs by residents and light-duty fleets but also provide a critical charging solution for Austinites without access to at-home charging. We commend Council and staff for their leadership on this effort, and support the key recommendations put forth in the draft ordinance. EVgo offers the following feedback, anchored by national best practices, to build on staff’s recommendations and ensure an effective ordinance that enables rapid, equitable deployment of EV charging throughout the city. 1. Define EV charging as both a primary and accessory use. EVgo supports staff’s recommendation to define EV charging as its own primary use into the land development code, rather than incorporating EV charging under existing categories for parking or gas stations. While this ordinance intends to establish charging as a primary use, staff should also consider defining EV charging as a permitted accessory use in parking lots across the city for consistency. This would codify existing practice and ensure site hosts retain flexibility to offer charging on their properties. 1 https://site-assets.evgo.com/f/78437/x/80120e2978/connect-the-watts_local-zoning-codes-best-practices.pdf 2 See transportation electrification strategies: City …

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April 23, 2024

02 Staff Presentation.pdf original pdf

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HOME Phase 2, Compatibility, and EV Charging Code Amendments Planning Commission April 23, 2024 April 23, 2024, Planning Commission Meeting  Electric Vehicle Charging Use  HOME Phase 2 (Smaller Lot Size for One Unit)  Citywide Compatibility Changes Note: Equitable Transit-Oriented Development (ETOD) Overlay will be considered at the April 30, 2024, Planning Commission meeting 2 Public Hearings & Engagement Additional Open Houses May 6, 2024 (West Austin) May 8, 2024 (East Austin) Joint City Council & Planning Commission Meeting April 11, 2024 Open Houses April 17, 2024 + April 20, 2024 (Virtual) Planning Commission Meetings April 23, 2024 + April 30, 2024 City Council Meeting May 16, 2024 3 Engagement Channels  Mailed Notice and Media – Purple Postcard – ETOD Notice – News Coverage – Social Media – Advertising  Website, Email, and Phone  Open Houses 4 Engagement by the Numbers (as of 4/22)  Notices mailed out: 671,912 + 39,084 (ETOD)  Visitors to www.SpeakUpAustin.org/TransitLDC: 4,990+  Phone calls/emails: 202+  Comments on speakupaustin.org: 150+  Speakers at April 11 Joint Meeting: 181 (115 in favor, 58 against, 8 neutral)  Attendees at 4/17 In-Person Open House: 88+  Attendees at 4/20 Virtual Open House: 75+ 5 Additional Open Houses  May 6, 2024 6-8 PM Anderson High School 8403 Mesa Drive  May 8, 2024 6-8 PM George Washington Carver Museum and Cultural Center 1165 Angelina Street 6 EV Charging Use – Clarifications  EV Charging Use prohibited underground because: – EV vehicle fires generate a great deal of smoke and burn very hot. Underground prohibition will assist with smoke removal should an incident occur. – Smoke removal could take days if the EV incident is below the first level below grade, and any access to the garage or vehicles in the garage would be prohibited during that time.  No changes to EV Charging as part of accessory parking – The proposed regulations only apply when EV Charging is the principal use on the site. 7 HOME Phase 2– Clarifications  45% Impervious Cover Requirement – The 45% impervious cover limit helps ensure there is space for rainwater to be absorbed or directed to a storm drainage system so it does not negatively affect neighboring properties. – In residential subdivisions, drainage systems are designed assuming 45% impervious cover for residential lots.  Emergency Access – The current practice of requiring a fire lane …

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April 23, 2024

02 Submitted by Commissioner Anderson - Compatibility Amendments.pdf original pdf

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Submitted by Commissioner Anderson – Compatibility Amendments Units less than 20’ wide are allowed a parking structure no more than 10’ wide. Anderson 1: Anderson 2: Anderson 3: Anderson 4: Compatibility does not go beyond 50’ for any development with income restricted housing. Exclude multifamily residential use up to 16 units from compatibility buffers. 25-2-779 (4)(b) The minimum side setback is: (i) five feet; or (ii) zero feet for the portion of the lot that provides street access; or (iii) zero feet for a side lot line is shared with a lot containing a Small Lot Single- Family Residential use. (4)(c) The minimum front setback is: (i) fifteen feet; or [edit proposed by other amendments] (ii) five feet if the lot is a flag lot; or (iii) zero feet if the lot is a flag lot and the front lot line is shared with a lot containing a Small Lot Single-Family Resdiential Use. (4)(d) The minimum rear setback is: (i) five feet; or (ii) zero feet for a side lot line is shared with a lot containing a Small Lot Single- Family Residential use. (5) Except for a side-street setback, when an attached dwelling unit abuts a property line, the minimum setback for that property line is zero. For setbacks permitted by this section to be less than 5 feet, the fire-resistant construction standards based on fire separation distance in the applicable building and fire technical codes are required.

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