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July 9, 2024

22 Appeal HR-2024-047998; PR-2024-043549 Public Comment original pdf

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From: To: Cc: Subject: Date: e Contreras, Kalan; Corona, Nicole; Rivera, Andrew "Mark Rogers"; "Bri Miriani"; "Mark Biechler"; "Jerry Garcia"; Emily Little; "David West"; 1107 E. 10th Street - AGAINST Thursday, July 4, 2024 9:40:43 AM External Email - Exercise Caution Greetings Kalan – I strongly oppose the proposed development at 1107 East 10th Street in the Robertson, Stuart & Mair Historic District. Planning Commission Public Hearing: July 9, 2024 Case Number: HR-2024-047998; PR 2024-043549 – 1107 E 10TH ST This proposed development flies in the face of Local Historic District Design Guidelines and if approved, will set such a precedent that the “Local Historic District” concept will rapidly lose its integrity. This will open the door for similar inappropriate projects. Precedent must not be set at this important time, right after the HOME Code Amendments have just been adopted. This case will determine how HOME relates to Historic Districts in the future. It is a test case for our neighborhood and there will be many more to follow in every other historic district. Please protect the founding principles and Historic District Design Guidelines first, followed by new allowances for increased density allowed in HOME. We are in favor of increased density, but not at the expense of our protected “Local Historic District.” Developers and designers must increase density in forms that are historically compatible to the context. We must rely on the Historic Landmark Commission and the Historic Preservation Office to uphold the governing Local Historic Guidelines. HOME does not, and must not, supersede Historic Guidelines. The proposed project at 1107 East 10th does not comply in terms of scale, massing, height and is no way compatible with the design patterns of the Robinson, Stuart & Mair Historic District. Please register my strong opposition and sign me up to speak at the July 9 hearing. Thank you very much, --- together in the love of history, Emily Emily Little ARCHITECT FAIA 1001 East 8th St. Austin TX 78702 512-470-8058 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". From: To: Subject: Date: Dominic Welhouse Contreras, Kalan 1107 East 10th Street Saturday, July 6, 2024 2:31:51 PM You don't often get email from …

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July 9, 2024

23- Azhar Density Bonus 90 Amendment original pdf

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Density Bonus 90 (DB90) Azhar Amendment Amendment: Make the following edit in § 25-2-652 Density Bonus 90 (DB90) Combining District Regulations (H) in the DB90 ordinance “(H) 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 - Adopted ordinance, adopted amendments to ordinance “§ 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.”

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July 9, 2024

23- LDC Amendment C20-2024-011 - DB90 Revisions Affordability Impact Statement original pdf

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Affordability Impact Statement DB90 Revision Initiated by: Resolution No. 20240201-026 Case number: C20-2024-011 Date: 6/24/2024 Proposed Regulation The proposed amendment would do the following: - Amends the commercial ground floor requirement to match VMU standards, requiring 75% of the ground-floor along the principal street to be dedicated to commercial uses, rather than 75% of the entire building's ground floor. - Expands the permitted commercial uses from VMU for office base zoning to DB-90, allowing Consumer Convenience Services, Food Sales, General Retail Sales (convenience or general), and Restaurants (limited or general) without drive-in service. This amendment enables office districts to include a broader range of commercial uses. - Aligns screening requirements with amendments to citywide compatibility policy made by Council upon adoption of Ordinance 20240516-002 on May 16, 2024. - Clarifies that §25-2-652(B), which overrides conflicting provisions unless they are less restrictive, refers to site development regulations only. Land Use/Zoning Impacts on Housing Costs The proposed changes would have a neutral impact on housing costs via land use and zoning. The proposed changes clarify regulations to align DB90 with existing citywide standards and density bonus programs. Impact on Development Cost The proposed changes would have a neutral impact on development costs. The proposed changes clarify regulations to align DB90 with existing citywide standards and density bonus programs. Impact on Affordable Housing The proposed changes would have a positive impact on affordable housing. Requiring ground floor commercial uses only along the principal street, rather than the entire building’s ground floor, matches VMU standards. This change is intended to increase participation in the DB90 density bonus program, as it can be difficult to lease up ground floor commercial, especially when the commercial use is not facing onto the principal street. Increased participation in this program will eventually lead to a rise in the number of affordable housing units citywide. City Policies Implemented Other Housing Policy Considerations None. Manager’s Signature __________ ____________________

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July 9, 2024

23- LDC Amendment C20-2024-011 - DB90 Revisions Draft Ordinance 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 30 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE SECTION 25-2-652 RELATED TO REGULATIONS THAT APPLY TO DENSITY BONUS 90 (DB90) COMBINING DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. Section 25-2-652 (Density Bonus 90 (DB90) Combining District) is amended to amend Subsections (B), (C), (F), and (G) and to delete Subsection (H) to read: (B) This section governs over a conflicting provision of this title or other ordinance [unless the conflicting provision is less restrictive]. (C) Pre-Requisites. (1) To utilize the regulations described in Subsections (F) and (G), the site’s zoning must include DB90 and an applicant must comply with Subsection (E). (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 before applying for a building permit or site plan that relies on the regulations described in Subsections (F) and (G). (F) Development Standards and Mixed Use. (1) In a DB90 combining district, the following uses are permitted: (a) (b) (c) uses that are permitted in the base zoning district unless the use is restricted by a conditional overlay that applies to the property; [and] residential uses; and in general office (GO) and limited office (LO) base zoning districts, the following additional uses are allowed: (i) consumer convenience services; (ii) food sales; (iii) general retail sales (convenience or general); and (iv) restaurant (limited or general) without drive-in service. (2) A development must comply with Article 2 (Site Development Standards) and Article 3 (Building Design Standards) in Subchapter E (Design 7/3/2024 12:06 PM Amendments to DB90 Combining District Page 1 of 5 COA Law Department 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Standards and Mixed Use) of this chapter except when those provisions conflict with this section. (3) Mix of Uses. (a) (b) In this subdivision, PRINCIPAL STREET has the same meaning as principal street in and is applied consistent with Article 5 (Definitions) of Subchapter E (Design Standards and Mixed Use). Pedestrian-Oriented Commercial and Civic Spaces. At least [When a site abuts a …

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July 9, 2024

23- LDC Amendment 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  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  Height – 30 ft in additional height from the base zone up to a maximum of 90 ft  Mix of Uses – Requirements for pedestrian-oriented commercial uses – Floors beyond the second must be residential  Subchapter E Design Standards – Streetscape, building placement, and design standards 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 plan submittal, an applicant is required …

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July 9, 2024

23- LDC Amendment C20-2024-011 - DB90 Revisions Staff Report original pdf

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ORDINANCE AMENDMENT REVIEW SHEET Amendment: C20-2024-011 Density Bonus 90 Revisions Amend City Code Title 25 (Land Development) to revise uses, site development regulations, density bonus requirements, and compatibility standards applicable in density bonus 90 (DB90) combining district. Description: Background: In 2021, amendments to the City’s Vertical Mixed Use (VMU) Overlay, including the creation of a second-tier bonus program known as VMU2, were initiated through City Council Resolution No. 20211118-052. The resolution directed staff to process code amendments to allow for an additional 30’ in height beyond the base zone standards for developments participating in the new tier of the density bonus program and proposed affordability requirements for such developments. In June of 2022, City Council adopted Ordinance No. 20220609-080, implementing the code amendments initiated through the 2021 Council resolution. However, in December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056, and Ordinance No. 20221201-055 were invalidated. In February 2024, City Council adopted Ordinance No. 20240229-073, which created the Density Bonus 90 (DB90) combining district. This new district is similar to the provisions in VMU2 and is available citywide through the rezoning process. Summary of Proposed Code Amendment: The proposed amendment to §25-2-652 would do the following: - Amend the commercial ground floor requirement to match VMU standards, requiring 75% of the ground floor frontage along the principal street to be designed for commercial use with an additional clarification regarding civic uses - Add the allowed commercial uses from VMU to office base zoning districts - Align compatibility screening requirements with amendments to citywide policy made by Council through Ordinance 20240516-004 - Clarify that provisions of the DB90 program govern over a conflicting provision of the Land Development Code or other ordinance Proposed Text Amendment(s): See draft ordinance. Staff Recommendation: Recommended Staff supports the proposed amendments, which aim to increase participation in the density bonus program and align its regulations with citywide standards. The modification to commercial ground floor requirements will ensure that developments under the DB90 program resemble existing VMU developments, enabling staff to review these applications consistently, and facilitating a streamlined approval process. Further, an analysis of recent VMU developments revealed that the program's requirements result in only 8% to 15% of the ground floor square footage being allocated to commercial use, which is significantly below the 75% required under DB90. Allowing for additional commercial uses within office base zoning districts will enable true mixed-use developments that provide a variety …

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24- LDC Amendment C20-2023-026 - Live Music and Creative Space Bonus Phase 2 Affordability Impact Statement original pdf

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Affordability Impact Statement Live Music Venue and Creative Space Bonus Phase 2 Case number: C20-2023-026 Initiated by: Resolution No.(s) 20220728-094 and 20220901-089 Date: 6/27/2024 Proposed Regulation The proposed amendment would create a new combining district for an affordable creative space bonus program available upon request through a zoning application. It would include the following components: - Requires the designation to be applied to more than one parcel to meet the definition of a creative district. - Requires 30% of building frontage and 25% of ground floor to be for affordable creative spaces. - Requires protections for existing creative spaces, including replacement, notice, rent assistance, and leasing - Requires residential and hotel developments near music and performance venues to conduct a sound - Requires leases to be affordable for 10 years, with rent at 50% of average city retail space rent or a sustainable options. assessment and disclose to future residents. ratio and limited annual increases. - Allows for an extra 30 feet in height and exemptions from site development standards for developments providing affordable creative spaces or a fee in lieu of the affordable space. - Provides for exemptions from certain compatibility standards, replaced with a compatibility buffer and screening requirements. Land Use/Zoning Impacts on Housing Costs The proposed changes would have a neutral impact on land use/zoning related housing costs. This would establish an optional density bonus program available upon request that would require review by city staff, the planning commission, and City Council. As part of the staff review, the Housing Department will evaluate the request in accordance with the goals of the Austin Strategic Housing Blueprint and assess any negative impact to existing affordable housing. Impact on Development Cost The proposed changes would have a neutral impact on development costs. Each proposal will be evaluated individually, with the Housing Department ensuring that the creative district designation does not negatively affect existing and future multi-family developments. Sound Assessment requirements may add costs for multi-family developments within 600 feet of the creative district. Impact on Affordable Housing The proposed changes would have a neutral impact on affordable housing. This creative district density bonus program could compete with other density bonus programs specifically designed for affordable housing, like DB-90. However, the case-by-case evaluation may deem it appropriate in historically commercial districts where housing is less suitable. The Housing Department will review each case and provide recommendations to the Planning Commission …

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24- LDC Amendment C20-2023-026 - Live Music and Creative Space Bonus Phase 2 Staff Presentation original pdf

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Live Music Venue and Creative Space Regulatory Incentives Phase II July 2024 Council Actions Resolution No. 20220728-094:  Establish the criteria to be a Live Music Venue  Create live music venue bonus and incentive program for new and existing venues  Initiate changes to Land Development Code Section 25 Resolution No. 20220901-089:  Develop and adopt clear creative space land use definitions  Create creative space bonus and incentive program for new and existing venues  Create new code elements to "Diversify, sustain, and cultivate the city's culture, music, and arts communities and industries“  Criteria for designation of Arts Districts  Initiate changes to Land Development Code Section 25 Resolution No. 20230921-102:  Develop LDC amendments with incentives for cultural space preservation and creation by Spring 2024  Bring an ordinance establishing a Cultural District Overlay initiated in Resolution No. 20220728-094 and Resolution No. 20220901-089 by Spring 2024 Guidance from Resolutions Resolution No. 20220728-094:  Expanded facilitation of affordable commercial space... in new construction  Prioritization of music venue or creative space as a community benefit for density bonuses or other overlays within the Red River Cultural District, East 6th Street Entertainment District, and Warehouse Entertainment District  Fee Waivers  Modified Parking requirements Resolution No. 20220901-089:  “Increase in floor to area ratio (FAR) in square footage or other appropriate development incentive related to what is provided for the dedicated creative space"  "Prioritization of creative space as a city-wide community benefit as it relates to density bonus programs, Planned Unit Development (PUD) zoning, or within other regulatory plans  Increased flexibility in development regulations and opportunities for modification of policies, rules, codes, or design standards  Permit accessory use as a theater, art gallery, or art workshop in all commercial and industrial/warehousing zoning districts  Fee waivers  Modified parking requirements  Expedited permitting process Goals and Timeline Cultural District Milestones  Arts Commission: March 18 Goals  Develop a citywide paper district that is not mapped; no change to a property’s zoning will be made through initial district adoption  Focus on a “district” approach similar to Historic Districts, with minimum size requirements  After adoption, owners of eligible properties may then request a rezoning to incorporate Creative District code string  Initiate a subdistrict of the Downtown Density Bonus for Red River  Codes and Ordinances Joint Committee (COJC): March 20  Recommended unanimously …

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24- LDC Amendment C20-2023-026 - Live Music and Creative Space Bonus Phase 2 Staff Report original pdf

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C20-2023-026 ORDINANCE AMENDMENT REVIEW SHEET Amendment: C20-2023-026 Live Music Venue and Creative Space Bonus Phase 2 Description: Amendments to Title 25 of the City Code to create a new Creative District combining district with provisions for creative space and music venue preservation, modified site requirements, and density bonuses for affordable creative space. Background: Initiated by City Council Resolutions 20220728-094 and 20220901-089, and reaffirmed by City Council Resolutions On July 28, 2022, the City Council adopted Resolution No. 20220728-094 initiating changes to establish the criteria to be a Live Music Venue to and support the creation of a live music venue bonus and incentive program for new and existing venues. On September 1, 2022, the City Council adopted Resolution No. 20220901-089 initiating changes to develop and adopt clear land use definitions and to create a bonus and incentive program for broadly defined creative spaces. These Resolutions are being addressed concurrently. Revised definitions were approved on September 14, 2023, in Ordinance 20230914-097. Ordinance No. 20230921-103 and Resolution 20240229-060 reaffirmed City Council’s commitment to the creation of a density bonus and district program to support live music and creative space districts and the preservation and incentivization of affordable creative space. Summary of Proposed Code Amendment: The proposed code amendments will create a new combining district for an affordable creative space bonus program and: 1. Is available city-wide on parcels in majority commercial districts that have been rezoned to add the new combining district designation as areas that include existing or planned clusters of creative space use structures and sites, through a process including minimum size requirements and review from the Housing Department and Economic Development Department. 2. Defines the following land uses as creative space uses: 1. Art Gallery; 2. Art Workshop; 3. Cocktail Lounge; 4. Performance Venue; 5. Personal Improvement Services; and, 6. Theater 3. Requires the following use requirements for developments in creative district combining districts: 1. Along at least 30 percent of building frontage along the principal street, the building must be reserved for affordable creative space uses in ground-floor spaces; 2. At least 25 percent of ground floor gross leasable area in the building must be dedicated to affordable creative space; and, 1 3. Development must comply with protections consistent with Existing Non- Residential Space provisions of 4-18-31 for existing creative space uses in existence on the site for at least 12 months; the developer must: 1. Redevelop the …

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25- LDC Amendment C20-2023-045 - Site Plan Lite Phase 2 & Infill Lots Affordability Impact Statement original pdf

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Affordability Impact Statement Infill Plats & Site Plan Lite, Phase 2 Initiated by: Resolution No. 20221201-048, 20230504-023 Case number: C20-2023-045 Date: July 5, 2024 Proposed Regulation The proposed amendments would do the following: Infill Plats • Provides small-scale residential developments with a streamlined subdivision review process to facilitate fee-simple ownership of lots as an alternative to condominium regimes. • Aligns impervious cover assumptions used in the streamlined subdivision review with impervious cover limits imposed by zoning regulations, which will provide more flexible subdivision options, allowing landowners to create smaller lots without triggering full subdivision review. • The modified drainage standards are limited to applications that meet the following criteria: • Less than one acre in site area; o Not located within the Wildland Urban Interface; o o Does not require a plat vacation. Is within a previously platted residential subdivision; and • Projects under a quarter-acre are not required to provide a drainage study or onsite detention. • Projects between a quarter-acre and one acre must provide a drainage plan demonstrating that, without altering natural topography, stormwater will discharge to an existing storm drainage system or right-of-way. Site Plan Lite, Phase 2 • The modified drainage standards are limited to applications that meet the following criteria: o Less than a half-acre in site area; and o 5 to 16 units on a single lot. • Qualifying projects must provide a drainage plan demonstrating that, without altering natural topography, stormwater will discharge to an existing storm drainage system or right-of-way. • Establishes a new “small-project” category for developments of 5 to 16 units that qualify for the modified drainage standards, streamlining the review process with shorter review times and reduced fees. Land Use/Zoning Impacts on Housing Costs The proposed changes would have a positive impact on housing costs by facilitating the delivery of missing middle projects through a less onerous permitting process and by expanding options for “fee simple” ownership of units on separate lots rather than condominium regimes. Like Home I and Home II, this housing strategy is aimed at increasing attainable housing options for middle-income Austinites, which is supported by many of the Strategic Housing Blueprint and Imagine Austin Goals to encourage diverse housing types throughout Austin. The modified drainage standards apply only to areas outside the Wildland Urban Interface (WUI). However, further analysis and discussion are necessary to determine if these standards are entirely unavailable in all proximity …

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25- LDC Amendment C20-2023-045 - Site Plan Lite Phase 2 & Infill Lots Draft Ordinance 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 WORKING DRAFT-SUBJECT TO CHANGE July, 9th PLANNING COMMISSION ORDINANCE NO. ____________ AN ORDINANCE AMENDING CITY CODE SECTIONS 25-8-64 AND 25-5-3 AND CREATING A NEW CITY CODE SECTION 25-7-67 RELATED TO DEVELOPMENT REGULATIONS APPLICABLE TO RESIDENTIAL RE- SUBDIVISIONS AND DEVELOPMENT APPLICATIONS AND DEVELOPMENT APPLICATIONS FOR MULTI-FAMILY RESIDENTIAL SITE DEVELOPMENT OF FIVE TO SIXTEEN UNITS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. Subsection (B) of City Code Section 25-5-3 (Small Projects) is amended to read: (B) The following are small projects: (1) construction of a building or parking area if the proposed construction: (a) does not require a variance from a water quality regulation; (b) does not exceed 5,000 square feet of impervious cover; and (c) the construction site does not exceed 10,000 square feet, including the following areas: (i) construction; (ii) clearing; (iii) grading; (iv) construction equipment access; (v) driveway reconstruction; (vi) temporary installations, including portable buildings, construction trailers, storage areas for building materials, spoil disposal areas, erosion and sedimentation controls, and construction entrances; (vii) landscaping; and (viii) other areas that the director determines are part of the construction site; 7/3/2024 Page 1 of 4 COA Law Department 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 WORKING DRAFT-SUBJECT TO CHANGE July, 9th PLANNING COMMISSION construction of a storm sewer not more than 30 inches in diameter that is entirely in a public right-of-way or an easement; construction of a utility line not more than eight inches in diameter that is entirely in a public right-of-way; (2) (3) (4) construction of a left turn lane on a divided arterial street; (5) construction of street intersection improvements; (6) widening a public street to provide a deceleration lane if additional right- of-way is not required; (7) construction of five to 16 dwelling units that meet all applicable requirements for review under Section 25-7-67 (Modified Drainage Standards for Residential Infill); (8[7]) depositing less than two feet of earth fill, if the site is not in a 100-year floodplain and the fill is not to be deposited within the dripline of a protected tree; (9[8]) construction of a boat …

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25- LDC Amendment C20-2023-045 - Site Plan Lite Phase 2 & Infill Lots Staff Report original pdf

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ORDINANCE AMENDMENT REVIEW SHEET Case No. C20-2023-045 Planning Commission: July 9, 2024 Amendment: C20-2023-045 | Site Plan Lite, Phase 2 & Infill Plats Introduction: This staff report discusses amendments to the Land Development Code (“LDC”) proposed in response to two separate council initiatives intended to facilitate construction of infill housing: Resolution No. 20221201-048 (“Site Plan Lite”) and Resolution No. 20230504-023 (“Infill Plats”). These amendments, which will be included in a single ordinance, seek to better calibrate non-zoning regulations and review procedures to the scale of “missing middle” housing. The report also describes changes initiated or under consideration by individual departments to address non-LDC related challenges to development of missing middle housing, including amendments to administrative criteria manuals and improvements to existing review procedures. Background: Site Plan Lite, Phase 2 — On December 1, 2022, the City Council passed Resolution No. 20221201-048 initiating LDC amendments to better scale site plan review for residential projects of three to sixteen units located on a single lot. For Phase 1, Council adopted Ordinance No. 20230720-158 on July 20, 2023, creating a site plan exemption for projects of four or fewer residential units. This change, coupled with subsequent passage of the first HOME ordinance, has enabled staff to conform the review process for 3-4 unit residential projects more closely to the process used for one and two-unit projects. For Phase 2, staff’s proposed amendments would modify applicable drainage regulations and adopt a new “small project” classification to enable further streamlining the review process for projects of five to sixteen units. These amendments, coupled with additional department- initiated changes, will make it easier to construct smaller multi-family projects on appropriately zoned lots. Infill Plats — On May 4, 2023, Council approved Resolution No. 20230504-023 initiating LDC amendments to facilitate the creation of infill lots and expand opportunities for “fee simple” ownership within existing residential subdivisions. Staff’s proposed amendments would help to further this objective by modifying applicable drainage regulations, which are a significant cost driver, and changing how impervious cover is calculated to allow re-subdivisions to include a greater number of lots. In tandem with additional department-initiated changes, these amendments Case No. C20-2023-045 | Page - 1 Case No. C20-2023-045 Planning Commission: July 9, 2024 will better calibrate regulations applicable to small-lot single-family uses as authorized by the second HOME ordinance. Department-level Improvements — Aside from drainage regulations codified in LDC Chapter 25-7 (Drainage), most of …

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26- Local Amendments International Residential and International Building code Adoption Review original pdf

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1. PROPOSED IRC 2024 CODE REDLINE V1, DRAFT SUBJECT TO ADDITIONAL CHANGES Section R101.1 Section R101.2 Section R104.10.1 Section R105.2 Section R105.3.1.1 Section R106.1.4 Table R301.2 Section R105.3.2 Section R322.1 Section R322.1.4 Section R322.1.4.1 Section R322.1.4.2 Section R322.1.5 Section R322.2 Section R301.2.4 Section R322.2.1 Section R306 Section R322.2.2 Section R322.2.3 Section R322.2.5 Section R322.2.6 Part IV BAAE107 & subsections Section R320 & subsections § 25-12-241 INTERNATIONAL RESIDENTIAL CODE. (A) The International Residential Code for One- and Two-Family Dwellings, 20214 2024 Edition, published by the International Code Council ("20214 2024 International Residential Code") and Appendices AC, BA, BB, AE, BFAH, AJ, AQ, BIAR, BJAS, BKAU, BM, and BOAW are adopted and incorporated by reference into this section with the deletions in Subsections (B), (C), and (D) and the amendments in Section 25-12-243 (Local Amendments to the International Residential Code). (B) The following provisions of the 2024 International Residential Code are deleted (C) Except for P2904, Part VII (Plumbing) of the 2024 International Residential Code is deleted (D) The following definition is deleted from R202 (Definitions) of the 2024 International Residential Code: HEIGHT, BUILDING (E) The city clerk shall file a copy of the 2024 International Residential Code with the official ordinances of the City. Source: Ord. No. 20170406-048 , Pt. 1, 7-5-17; Ord. No. 20210603-054 , Pt. 1, 9-1-21. § 25-12-243 LOCAL AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE. Each provision in this section is a substitute for the identically numbered provision deleted in Section 25-12- 241 (B), (C), and (D) (International Residential Code) or is an addition to the 20241 International Residential Code. R101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two- family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height. Exception: The following shall be permitted to be constructed in accordance with this code where provided with an automatic sprinkler system complying with Section P2904: Live/work units located in townhouses and complying with the requirements of Section 508.5 of the International Building Code. Page 1 of 9 2. 3. 4. 5. 1. 2. 3. 4. 5. 6. 7. Owner-occupied lodging houses with five or fewer guestrooms. A care facility with six or fewer persons …

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26- Local Amendments International Residential and International Building Code Affordability Impact Statement original pdf

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Affordability Impact Statement 2024 International Residential Code & Local Amendments Date: 7/1/2024 Proposed Regulation The proposed adoption of the 2024 International Residential Code (IRC) and associated local amendments. These codes would replace the current 2021 IRC and corresponding local amendments. The IRC is a model code published by International Code Council (ICC), a non-profit entity with a robust democratic process for weighing the costs and benefits of code changes. The Development Services Department has the stated goal of minimizing the number of 2024 local amendments to the IRC and deferring to the model codes whenever possible. When amendments are made it is generally because they are mandated by council, responding to business needs, clarifying language, and improving the City’s Insurance Services Office (ISO) rating. Land Use/Zoning Impacts on Housing Costs The proposed changes would likely have a neutral impact on housing costs via land use and zoning. Impact on Development Cost The proposed changes would likely have a neutral impact on development costs. 2024 Model Code Update: The University of Florida researched the cost impact of updating from the 2023 Florida Building Codes to the 2024 International Codes (Issa et al. 2024).1 The 2023 Florida Building Code adopts the 2021 IRC as one of its model codes, so it may be a helpful baseline to understand the overall cost impact of the changes from the 2021 IRC to the 2024 IBC. The State of Florida does adopt amendments to the model codes, but they have the closest available comparison to understand the cost impacts of adopting the 2024 IBC. The University of Florida study models the adoption of the 2024 International Codes on seven different building types, including small office, retail, primary school, small hotel, mid-rise apartment, 1-story residence, and 2-story residence. The average net change in cost estimate between all the building types is +0.45% according to their report. The IRC applies to “detached one- and two- family dwellings and townhouses not more than three stories above grade plane in height” (see Section R101.2 of the IRC), so the 1-story and 2-story residences from the Issa et al. report are the most informative cost impact models.2 The Issa et al. report estimates 1-story residences will be +10% more expensive to build and 2-story residences will be +16% more expensive to build, with both increases due to National Electrical Code (NEC) changes rather than IRC changes. Local Amendments: The most …

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26- Local Amendments International Residential and International Building Code Resolution No.20240502-094 Staff Update original pdf

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M E M O R A N D U M TO: Mayor and Council Members THROUGH: Veronica Briseño, Assistant City Manager FROM: José G. Roig, Development Services Director Chief Joel Baker, Aus�n Fire Chief Chief Robert Luckritz, EMS Chief, Aus�n Travis County EMS DATE: June 26, 2024 SUBJECT: Resolu�on No. 20240502-094 Staff Update - Single Stairway Provisions for Mul�family Developments Up to Five-Stories We want to provide all of you with a mul�-departmental recommenda�on on Resolu�on No. 20240502-094 which proposes an amendment to the 2024 Interna�onal Building Code (IBC) allowing a single stairway for mul�family developments up to five stories. Technical code and first responder experts from the Development Services Department (DSD), Aus�n Fire Department (AFD), and Aus�n/Travis County Emergency Medical Services (ATCEMS) reviewed Aus�n’s single stairway amendment and found significant poten�al safety risks to occupants and first responders were we to amend the Code. As a result, staff recommends that the City of Aus�n con�nue to allow the model na�onal codes to set minimum standards for construc�on in Aus�n, thereby maintaining two means of egress for mul�family developments. Safety Concerns Construc�ng a single stairway --as opposed to two separate stairways-- for a five-story building poses escape hazards for occupants during fire, ac�ve shooter, severe weather, or large-scale emergencies. The following points highlight primary safety concerns: • Occupant Risk Considera�ons – Fire-loss data, some�mes cited by proponents of single stairway design, suggests that such an approach poses a low risk to occupants. While the probability of a fire is low, the consequences of a fire with a single stairway design make this an inherent risk. The na�onal standard set in the model code manda�ng two staircases reflects the increased likelihood of significant injury and mass casual�es in limi�ng occupants to a single exit in the event of a fire or other emergency. • Subject Mater Expert Findings – A na�onal proposal to permit mid-rise buildings to be served by a single exit stairway was reviewed and overwhelmingly rejected by the Interna�onal Code Page 1 of 4 Council (ICC) Technical Commitee, ci�ng tes�mony from many na�onal safety experts about the dangers it would pose to occupants and first responders. • Hindered Evacua�on Tac�cs – AFD employs evacua�on tac�cs by designa�ng one stairwell for evacua�on and the second stairwell for firefigh�ng opera�ons. Elimina�ng a stairwell may lead to unsafe exposure of fire condi�ons to occupants and cause counterflow and conges�on with occupants …

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26- Local Amendments International Residential and International Building Code Review original pdf

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PROPOSED IBC 2024 CODE REDLINE V1, DRAFT SUBJECT TO ADDITIONAL CHANGES AN ORDINANCE REPEALING AND REPLACING DIVISION 1 OF ARTICLE 1 OF CITY CODE CHAPTER 25‐12 RELATING TO THE INTERNATIONAL BUILDING CODE; REPEALING AND REPLACING ARTICLE 10 OF CITY CODE CHAPTER 25‐12 RELATING TO THE INTERNATIONAL EXISTING BUILDING CODE; AND CREATING OFFENSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. City Code Chapter 25‐12 (Technical Codes) is amended to repeal and replace Division 1 of Article 1 (Building Code) to read: DIVISION 1. INTERNATIONAL BUILDING CODE AND LOCAL AMENDMENTS § 25‐12‐1 INTERNATIONAL BUILDING CODE. (A) The International Building Code, 2021 2024 Edition, published by the International Code Council ("2021 2024 International Building Code") is adopted and incorporated by reference into this section with the deletions in Subsection (B) and the amendments in Section 25‐12‐3 (Local Amendments to the International Building Code). (B) The following provisions of the 20241 International Building Code are deleted. 414.1.3305.2.3 503.1.4 plus subsections 308.2.3 Chapter 9 308.2.4 1612 plus subsections 427.6 2901.1503.1.4 1108.6.4.2 1301.1 3102.5Chapter 9 103 plus subsections Table 1004.5308.3 3201.11008.2.1 1507.8 plus subsections 1507.9 plus subsections 1607.8.2 1612 plus subsections 2901.1 2902.2 2902.6 3102.5 3201.1 3202.1 Table 2901.1 Footnote (e) 1010.1.2308.3.1.1 1010.3.3 308.3.2 3202.1 1009.3 3202.3.41010.1.2 1102.1308.5 1204 plus subsections 308.5.1 1301.1 308.5.3 1507.8 plus subsections 308.5.4 1507.9 plus subsections 310.2 1607.8.2310.4.1 406.4.3 1010.2.7 1010.3.3 1101.2 1102.1 1108.6.1.2 1108.6.2.2.2 1108.6.2.3.2 1108.6.3 Page 1 of 19 101.4.1 101.4.2 101.4.3 104.32.1 105.1.1 105.2 105.5 107.2.6 110.3 112.3 113 plus subsections 305.2 305.2.2 Table 1004.5 414.1.3 (C) The following definition is deleted from Section 202.2.1 (General Definitions) of the 2021 International Building Code: (C) The city clerk shall file a copy of the 20241 International Building Code with the official ordinances of FOSTER CARE FACILITIES. (B) the City. § 25‐12‐2 CITATIONS TO THE BUILDING CODE. In the City Code, "Building Code" means the 20241 International Building Code adopted in Section 25‐12‐1 (International Building Code) as amended by Section 25‐12‐3 (Local Amendments to the International Building Code). In this article, "this code" means the Building Code. § 25‐12‐3 LOCAL AMENDMENTS TO THE INTERNATIONAL BUILDING CODE. Each provision in this section is a substitute for the identically numbered provision deleted in Section 25‐12‐ 1(B) (International Building Code) or is an addition to the 20241 International Building Code. [A] 101.4.1 Gas. The provisions of the International Fuel Gas Code and the Plumbing Code shall …

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26- Local Amendments International Residential and International Building Code Staff Report original pdf

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2024 International Building Code & International Residential Code Adoption Amendment: 2024 Technical Code Adoption- International Building Code & International Residential Code Planning Commission Date: July 9, 2024 Description: The purpose of this report is for recommendation of the 2024 technical code adoption of the 2024 International Building and International Residential Code. Development Services is purposing the adoption of the 2024 International Residential Code (IRC) and International Building Code (IBC). DSD Engagement team has conducted public engagement for both the IRC and IBC, which are currently open for public input from June 25 through July 24. This engagement pertains to the adoption of the 2024 editions of the technical codes, including proposed local amendments. The 2024 editions of the technical codes are scheduled for adoption by the City Council on September 12, 2024, with implementation slated for January 1, 2025. On May 3, 2024, resolution # 20240502-094 was approved by the council. Summary of Proposed Code Adoption: Adopting the most recent codes helps protect the health, safety and welfare of Austin residents by, • Responding to new findings from building science research, field experience, or changes in community expectations • Responding to building performance assessments following catastrophic events to • increase resilience in new structures Introducing new and innovative technologies and construction methods Aligning with other current accepted codes and standards Staff Recommendation: Staff recommend approval of the 2024 IBC and IRC. Board and Commission Actions On July 24, 2024, There is a scheduled meeting with the Building and Fire Board of Appeals to present the International Building Code (IBC) and International Residential Code (IRC). Additionally, the Planning Commission is set to convene on July 9th, 2024. City Council Action May 3RD, Council approved resolution # 20240502-094 Single Stair Resolution Attached: 2024 IRC Redline 7/1/2024 2024 IBC Redline Single Stair Memo IBC Affordability Impact Statement Ordinance Number: N/A City Staff: Todd Wilcox- Building Official, Jessica Lopez Phone: Jessica Lopez 512-978-4661 Todd Wilcox 512-974-1681 Email: Jessica.lopez@austintexas.gov / Todd.Wilcox@austintexas.gov 7/1/2024

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27- 2024 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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25 LDC Amendment C20-2023-045 - Site Plan Lite Phase 2 & Infill Lots AIC Letter of Opposition original pdf

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July 9th, 2024 Planning Commission: Re: Opposing Item 25, Infill Plat & Site Plan Lite Ordinance The Austin Infill Coalition strives to unite urban infill development professionals and promote broad cooperation in order to affect positive change in Ausin’s built environment, with particular regard to housing. The Austin Infill Coalition does not support Infill Plat and Site Plan Lite draft ordinance proposed by staff, as it does not align with the objectives outlined in the resolutions and HOME ordinances, and does not achieve significant progress in addressing Austin’s Housing needs. AIC remains committed to supporting housing policies that increase housing availability and affordability, and we do not believe this ordinance accomplishes that goal. Sincerely, ________________ Ki Gray President _______________ Elle Allen Vice President Docusign Envelope ID: 9CAE30E7-754D-4B63-BE7B-9C64A499ED66 Docusign Envelope ID: 9CAE30E7-754D-4B63-BE7B-9C64A499ED66

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