City of Austin City Council met May 16

City of Austin City Council met May 16.

Here are the minutes provided by the council:

The following represents the actions taken by the Austin City Council in the order they occurred during the meeting. While the minutes are not in sequential order, all agenda items were discussed. The City Council of Austin, Texas, convened in a regular meeting on Thursday, May 16,2024, at Austin City Hall, 301 W. 2nd Street, Austin, TX and via videoconference.

PROCLAMATIONS

Proclamation -Emergency Medical Services Week -To be presented by Council Member Alison Alter

Proclamation -Taiwanese American Heritage Week -To be presented by Council Member Paige Ellis and to be accepted by Pearl Wu, President of Taiwanese American Public Affairs

Proclamation -Albert L. Black Day -To be presented by Council Member Jose 'Chito" Vela and to be accepted by Albert L. Black, Executive Director o f Child Inc. Head Start

Proclamation -Building Safety Month -To be presented by Council Member Ryan Alter and to be accepted by Jose G. Roig, Director of the Development Services Department

Proclamation -World Facility Management Day -To be presented by Council Member Mackenzie Kelly and to be accepted by Darrell Alexander, Director of the Building Service Department

Mayor Watson called the Council Meeting to order at 10:00 a.m. Council Member Harper Madison and Velasquez appeared via videoconference.

PUBLIC HEARINGS AND POSSIBLE ACTIONS

2. Conduct a public hearing and consider an ordinance amending City Code Title 25 (Land Development) to revise regulations that apply to lots with one housing unit, flag lots, and small lots (also known as HOME Phase 2): create regulations that allow properties to be used for charging electric vehicles; create regulations, including a density bonus program that modifies height and compatibility in exchange for community benefits, for properties that are located within a hall' mile of the planned Phase 1 Light Rail and Priority Extensions (also known as the Equitable Transit-Oriented Development (ETOD) overlay); and 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).

Withdrawn and replaced with Items 4 through 7.

PUBLIC COMMUNICATION

Sidney Hollingsworth -tbd -Present.

Erica Howard -Ut -Present.

Adam McCormick -TBD- Present.

Anabian Islam -Tbd -Present.

Jenny Veninga -Ceasefire -Present.

Juan Anthony -·Maps -Not Present.

Haniza Sait -Na -Not Prevent.

Meira Vedros -TBD -Present.

Seth Halpern -Israel/anti-semitism -Present.

Rafael Guillen -public testimony -Present.

Mayor Watson recessed the Council Meeting at 12:28 p.m. without objection. Mayor Watson reconvened the Council Meeting at 1:00 p.m.

AFTER 10:00 PM

The motion to waive the rules and allow Council to meet after 10 p.m. was approved on Council liember Vela's motion, Council Member Ellis s second on a 9-2 vote. Those voting aye were: Mayor Watson, Mayor Pro Tem Pool, Council Members Ryan Alter, Ellis, Fuentes, Harper Madison, Qadri, Vela, and Velasquez. Those voting nay were: Council Members Alison Alter and Kelly.

Mayor Watson recessed the Council Meeting at 1:04 a.m. without objection.

Mayor Watson reconvened the Council Meeting at 11:00 a.m. on Friday, May 17,2024, at Austin City Hall, 301 W. 2nd Street, Austin, TX. Council Member Harper-Madison appeared via videoconference.

DISCUSSION ITEM

1. Approve an ordinance amending City Code Chapter 4-18 (General Permitting Standards) related to density bonus and incentive program requirements for redeveloping existing non-residential space and existing multi-family structures.

A motion to approve the staff recommended ordinance was made by Council Member Qadri and seconded by Council Member Vela.

The following amendment was made by Council Member Qadri and seconded by Mayor Pro Tem Pool.

The amendment was to revise Part 2 and to add a new part to read:

"PART 2. City Code Section 4-18-32 (Existing Multi-Family Structure) is repealed and replaced to read:

§ 4-18-32 EXISTING MULTI-FAMILY STRUCTURE.

(A) For redevelopment with an existing multi-family structure, an applicant must:

(1) replace all existing units that were affordable to a household earning 70 percent AIFI or below in the later of the previous 12 months or latest lease term and have at least as many bedrooms as those units;

(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.

(B) Replacement Units.

(1) Except as provided in Subsection (C)(3), a unit required to be replaced under Subsection (A)(1) must be rented to a household earning 60 percent MFI or below and in accordance with Section 4-18-23 (Affordability Requirements -Dwelling Units).

(2) A unit required to be replaced counts towards the minimum affordability requirements established in the applicable density bonus or incentive program.

(3) The maximum number of replacement units that must be restricted to a household earning 60 percent AIFI or below is two times the number of units the minimum affordability requirements established in the applicable density bonus or incentive program.

PART X. Division 2 (Redevelopment Requirements) in Article 2 of Chapter 4-18 (General Permitting Standards) is amended to add a new Section 4-18-33 to read:

§ 4-18-33 WAIVER OF REPLACEMENT REQUIREMENT

(A) After a public hearing, the council may waive the replacement requirement in Section 4-18-32 (Existing Multi-Family Structure) if the council determines that replacing the units in a particular instance:

(1) is not in the best interest of the public;

(2) constitutes waste or the inefficient use of land or other resources;

(3) does not serve its intended purpose;

(4) is not effective or necessary; or

(5) for any other reason the council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.

(B) Request for a Waiver.

(1) To request a waiver under this section, an applicant must submit an application to the director of the Housing Department that, at a minimum, specifies the applicable grounds for the waiver under Subsection (A).

(2) The director of the Housing Department approves the form of an application required by this subsection.

(3) Before council considers a request for a waiver, the director must prepare a report that:

(a) summarizes the existing conditions of the multi-family structure and the number of units affordable to households less than 70 percent MFI;

(b) states the director's recommendation, which must be based upon the Strategic Housing Blueprint and anti-displacement priorities.

(4) In considering a request for a waiver, council shall consider the director's report.

(C) If the city council denies a waiver request under this section, the director of the Housing Department may not accept an application for the same or a substantially similar waiver request for at least 18 months after the date the previous waiver request was denied.

(D) If the city council indefinitely postpones a waiver request submitted under this section, the director of the Housing Department shall not schedule a public hearing for the same or a substantially similar waiver request for at least 12 months after the date of the postponement."

The amendment was approved on a 9-1 vote. Council Member Kelly voted nay. Council Member Alison Alter abstained.

An amendment to include the following direction was made by Council Member Qadri and seconded by Council Member Ryan Alter.

"Analyze costs of adhering to Chapter 4-18 and provide recommendations on incorporating the costs into future density bonus calibration.

Conduct engagement with relevant stakeholders, including housing and tenant advocates, and incorporate feedback for future changes to Chapter 4-18.

Explore and provide recommendations regarding actions the City should take to more comprehensively address renters' abilities to find housing affordable to them at all income levels in all neighborhoods and along transit corridors."

The amendment was approved on an 11-0 vote.

An amendment to include the following direction was made by Council Member Fuentes and seconded by Council Member Alison Alter.

"The City Manager is directed to investigate the legal feasibility of applying the city's preference policy beyond the Community Land Trust program to all density bonus programs that require affordable housing units.

The City Manager is directed to develop a template affirmative marketing policy and explore strategies to increase compliance with the policy. "

The amendment was approved on a 10-1 vote. Council Member Kelly voted nay.

The following amendment was made by Mayor Pro Tem Pool and seconded by Council Member Ellis.

The amendment was to revise Section 4-18-31 (Existing Non-Residential Space) to read:

"(B) For redevelopment with an existing non-residential space, an applicant must:

(1) redevelop the site to replace all existing non-residential spaces with non residential spaces of comparable size; (2) provide current non-residential space operators with:

(a) notice and information about the proposed development on a form approved by the director; and

(b) a payment that equals the average rent payments for six months of rental payments; and

(3) grant a non-residential space operator the option to lease a non residential space of comparable size following the completion of redevelopment.

(C) The amount of the average rent payment required in Subsection (B)(2) is calculated by comparing current submarket rents within a one-mile radius of the existing non-residential location and must be approved by the director of the Economic Development Department."

The amendment was approved on a 10-1 vote. Council Member Kelly voted nay.

Ordinance No. 20240516-001 was approved as amended on Council Member Qadri's motion, Council Member Vela's second on a 10-1 vote. Council Member Kelly voted nay.

PUBLIC HEARINGS AND POSSIBLE ACTIONS

4. Conduct a public hearing and consider an ordinance amending City Code Title 25 (Land Development) to 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).

The public hearing was conducted and a motion to close the public hearing and approve the ordinance as recommended by staff was made by Council Member Vela and seconded by Council Member Ryan Alter.

The following amendment was made by Council Member Ryan Alter and seconded by Council Member Vela.

The amendment was to revise Section 25-2-1063 (Screening, Noise, and Design Requirements) to read:

"§ 25-2-1063 SCREENING, NOISE, AND DESIGN REQUIREMENTS.

(A) Exterior lighting must be hooded or shielded

(B) Mechanical equipment may not produce sound in excess of 70 decibels measured at the site's property line or alleyway that is shared with a triggering property.

(D) Except for a multi-use trail, an on-site amenity that ix available only to residents and occupants of the site and their guests may not be located within 25 feet of a triggering property.

(E) Screening Requirements. Except when visible from or through a pedestrian or bicycle access point, the following objects shall be screened and may not be visible at the site's property line or alleyway that is shared with a triggering property:

(1) vehicle lights from vehicles that use or are parked on a parking lot or in a parking structure located on the site;

(2) ground floor and rooftop mechanical equipment;

(3) outdoor storage;

(4) refuse receptacles and collection area; and

(5) common areas for amenities, including outdoor decks, ratios, and pools

(F) The screening required in Subsection (E) may not impede pedestrian or bicycle access points.

(G) Rooftop mechanical equipment may be screened by a parapet."

The amendment was approved on a 10-0 vote. Council Member Harper-Madison was off the dais.

An amendment to include the following direction was made by Mayor Watson and seconded by Council member Ryan Alter.

"Direct the City Manager to provide an annual impact report on city wide compatibility. The council relies on the discretion of the relevant departments for identifying necessary data points."

The amendment was approved on an 11-0 vote.

Ordinance No. 20240516-004 was approved as amended on Council Member Vela's motion, Council Member Ryan Alter's second on a 9-2 vote. Those voting aye were:

Mayor Watson, Mayor Pro Tem Pool, Council Members Ryan Alter, Ellis, Fuentes, Harper-Madison, Qadri, Vela, and Velasquez. Those voting nay were: Council Members Alison Alter and Kelly.

5. Conduct a public hearing and consider an ordinance amending City Code Title 25 (Land Development) to create regulations, including a density bonus program that modifies height and compatibility in exchange for community benefits, for properties that are located within a half mile of the planned Phase 1 Light Rail and Priority Extensions (also known as the Equitable Transit-Oriented Development (ETOD) overlay)

The public hearing was conducted and a motion to close the public hearing and approve the ordinance as recommended by staff was made by Council Member Ryan Alter and seconded by Mayor Watson.

The following amendment was made by Mayor Pro Tem Pool and seconded by Council Member Vela.

The amendment was to revise Section 25-2-654 (E) (2) to read:

"(2) Affordability Minimums -Rental Units. If an applicant develops dwelling units for lease, this subdivision applies.

(a) To achieve 60 feet or to utilize a development standard under DBETOD that is not height-related, a development must provide a minimum of 10 percent of the residential units as affordable for lease and occupancy by households earning 60 percent or less of the current Austin-Round Rock Metropolitan Statistical Area Median Family Income as determined by the director of the Housing Department.

(b) To utilize 90 feet in height, a development must provide:

(i) a minimum of 12 percent of the residential units as affordable for lease and occupancy by households earning 60 percent or less of the current Austin-Round Rock Metropolitan Statistical Area Median Family Income as determined by the director of the Housing Department; or

(ii) a minimum of 10 percent of the residential units as affordable for lease and occupancy by households earning 50 percent or less of the current Austin-Round Rock Metropolitan Statistical Area Median Family.

(i) a minimum of 15 percent of the residential units as affordable for lease and occupancy by households earning 60 percent or less of the current Austin-Round Rock Metropolitan Statistical Area Median Family Income as determined by the director of the Housing Department; or

(ii) a minimum of 12 percent of the residential units as affordable for lease and occupancy by households earning 50 percent or less of the current Austin-Round Rock Metropolitan Statistical Area Median Family"

The amendment was also to revise Section 25-2-654 (G) (5) to lead:

"(5) Maximum Height.

(a) A building may exceed the maximum building height in the base zoning district but no building may exceed 60 feet if the minimum affordability requirements in Subsection (E)(2)(a) are met; or

(b) A building may exceed the maximum building height in the base zoning district but no building may exceed 90 feet if the minimum affordability requirements in Subsection (E)(2)(b) are met; or

(c) A building may exceed the maximum building height in the base zoning district by 60 feet but no building may exceed 120 feet in height if the minimum affordability requirements in Subsection (10(1) or Subsection CE)(2)(c) are met."

The amendment was approved on a 10-1 vote. Council Member Kelly voted nay.

The following amendment was made by Mayor Pro Tem Pool and seconded by Council Member Ellis.

The amendment was to revise Section 25-2-654 (F) to read:

"(F) Existing Non-Residential Spaces.

(1) In this subsection,

(b) EXISTING NON-RESIDENTIAL SPACE means a:

(i) adult calc services use (general or limited) that has operated for a minimum of 12 continuous months;

(ii) child care services use (general or limited) that has operated for a minimum of 12 continuous months;

(iii) cocktail lounge use that has operated for a minimum of 10 continuous years;

(v) creative space use that has operated for a minimum of three continuous years;

(vi) food space use that has operated for a minimum of 10 continuous years with a gross floor area of 20,000 square feet or less;

(ix) small format use that has operated for a minimum of 10 continuous years with a gross floor area of 5,000 square feet or less.

(c) SMALL FORMAT USE means a use described in Chapter 25-2 (Zoning) that allows one or more of the following occupancies:

iii. general retail sales;

iv. personal services;

vi. restaurant (general or limited)

(2) If a site includes an existing non-residential space, the proposed development must replace each existing non-residential space with a space that is comparable in size for a period of 5 years.

(3) This subsection establishes an existing non-residential space subject to Division 2 (Redevelopment Requirements), Article 2 of City Code Chapter 4-18.

(4) A non-conforming use is not discontinued or abandoned under Section 25-2-945 (Abandonment of Nonconforming Use) if the non-conforming use qualifies as an existing non-residential space and is required to be replaced under this subsection."

The amendment was approved on a 10-1 vote. Council Member Kelly voted nay.

The following amendment was made by Mayor Pro Tem Pool and seconded by Council Member Ellis.

The amendment was to remove "electric vehicle charging" from Table (E) and amend Section 25-2-653 (E) to read:

"(E) Conditional Uses.

(1) The uses included in Table (E) are conditional uses on property with equitable transit-oriented development (ETOD) combining district zoning if the use is permitted by the zoning that applies to the properly.

(2) If electric vehicle charging is permitted by the zoning that applies to the property, electric vehicle charging is a conditional use on a site that ix not: (i) an existing service station use; or

(ii) 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."

The amendment was approved on a 9-2 vote. Those voting aye were: Mayor Watson, Mayor Pro Tem Pool, Council Members Ryan Alter, Ellis, Fuentes, Harper-Madison, Qadri, Vela, and Velasquez. Those voting nay were: Council Members Alison Alter and Kelly.

The following amendment was made by Council Member Vela and seconded by Council Member Velasquez.

The amendment was to add a subsection 3 to Section 25-2-654 (E) to read: "(3) Transit Supportive Infrastructure.

(a) In this subdivision, TRANSIT SITPPORTIVE INFRASTRUCTURE includes appurtenances, facilities, and amenities related to a transit system project as defined in Ordinance No. 20221115-048.

(b) If an applicant provides transit supportive infrastructure, the affordability requirement is reduced by two percent.

(c) It is presumed that the value of the transit supportive infrastructure equals at least two percent of the minimum affordability.

(i) The director of the Housing Department is authorized to reduce the affordability requirement by more than two percent if the director of the Housing Department and the Project Connect mobility officer agree that the value of the transit supportive infrastructure is greater than or equal to the value of the reduction.

(ii) The director of the Housing Department may not reduce the affordability requirement to less than one residential unit or the equivalent of the fee-in-lieu for one ownership unit.

(d) An applicant must submit a written request to the Project Connect mobility officer to provide transit supportive infrastructure.

(e) If the applicant proposes transit supportive infrastructure that serves a community benefit, the Project Connect mobility officer must approve a request.

(f) Before approving a request to provide transit supportive infrastructure, the Project Connect mobility officer must adopt rules under Chapter 1-2 (Administrative Rules) that establish when transit supportive infrastructure serves a community benefit."

The amendment was approved on a 10-1 vote. Council Member Kelly voted nay.

The following amendment was made by Council Member Vela and seconded by Mayor Pro Tem Pool.

The amendment was to revise Section 25-2-654 (G) (4) (c) to read:

"(c) Pedestrian-Oriented Commercial Spaces. When a site abuts a principal street, 75 percent of the building frontage along the principal street must contain one or more commercial or civic uses and must comply with the dimensional requirements found in Section 4.3.3.(' 178 in Subchapter E (Design Standards and Mixed Die) 9,

The amendment was approved on a 10-1 vote. Council Member Kelly voted nay.

An amendment to include the following direction was made by Council Member Fuentes and seconded by Council Member Velasquez.

6,The City Manager is directed to prepare a recommendation related to prohibiting Short Term Rental as a use in the Equitable Transit Oriented Development Overlay combining district (ETOD) and the ETOD Density Bonus combining district (DBETOD).

The City Manager is directed to explore strategies to increase Short Term Rental licensing compliance and to optimize revenue collection, including Hotel Occupancy Taxes."

The direction was approved on a 9-0 vote. Council Members Ellis and Kelly abstained.

An amendment to include the following direction was made by Mayor Watson and seconded by Mayor Pro Tem Pool.

"Direct the City Manager to provide an annual impact report on the Equitable Transit Oriented Development Overlay. The annual impact report should include but not limited to:

• The number of projects utilizing the bonus program.

• The number of units yielded.

. The number of subsided affordable units yielded. The amount of fee-in-lieu dollars collected from projects within the overlay.

The council provides relevant departments the authority to collect additional data points to measure and understand the efficacy of the program."

The direction was approved on an 11-0 vote.

The following amendment was made by Mayor Watson and seconded by Mayor Pro Tem Pool.

The amendment was to revise Section 25-2-654 (II) (3) to read:

"(3) Any structure that is located less than 50 feet from any part of a triggering property may not exceed 60 feet."

The amendment was approved on a 10-0 vote. Council Member Kelly abstained.

The following amendment as made by Mayor Watson and seconded by Council Member Vela.

The amendment was to revise Section 25-2-654 (G) (5) to read:

"(5) Maximum Height.

(a) In Subdistrict 1, a building may exceed the maximum building height in the base zoning district by 60 feet except that no building may exceed 120 feet in height.

(b) In Subdistrict 2, a building may exceed the maximum building height in the base zoning by 30 feet except that no building may exceed 90 feet in height. "

The amendment was also to replace Exhibit "A" in Part 6, which is Appendix G (ETOD Boundaries).

The amendment was approved on an 11-0 vote.

A motion to allow the above amendments from Mayor Pro Tem Pool and Mayor Watson to be harmonized was approved without objection.

An amendment to include the following direction was made by Council Member Qadri and seconded by Mayor Pro Tem Pool.

"The City Manager is directed to provide recommendations to incorporate enhanced street standards as outlined in the Great Streets Program, University Neighborhood Overlay, and South Central Waterfront and apply as appropriate to the DBETOD overlay."

The direction was approved on an 11-0 vote.

An amendment to include the following direction was made by Council Member Qadri and seconded by Mayor Pro Tem Pool.

"The City Manager is directed to explore options and return to Council with recommendations to incentivize and encourage the preservation of culturally and/or historically significant buildings and facades that contribute to a walkable, transit oriented pedestrian realm along the frontage of light rail corridors while allowing for increased height and density. Options considered should include, but not be limited to, establishing facade preservation requirements and design standards in the DBETOD overlay or another tool to narrowly tailor the requirements to particular properties that meet the intent.

The City Manager is directed to explore and provide recommendations on incentives to preserve and protect culturally and historically significant sites along or within M mile of transit corridors."

The direction was approved on an 11-0 vote.

The following amendment was made by Council Member Ryan Alter and seconded by Council Member Ellis.

The amendment was to revise Section 25-2-654 (H) to read:

"(II) Compatibility Requirements.

(1) A building is not required to comply with Article 10 (Compatibility Standards) in Subchapter C.

(2) In this subsection,

(a) TRIGGERING PROPERTY means a site:

(i) with at least one dwelling unit but less than four dwelling units; and

(ii) is zoned urban family residence (SF-5) district or more restrictive; and

(b) STRUCTITRE includes a portion of a structure.

(3) Any structure that is located less than 50 feet from any part of a triggering property may not exceed 90 feet.

(4) Compatibility Buffer. A compatibility buffer is required along a site'% property line that is shared with a triggering property.

(a) The minimum width of a compatibility buffer is 25 feet.

(b) A compatibility buffer must comply with Section 25-8-700

(Minimum Requirements for Compatibility Buffers).

(5) Exterior lighting must be hooded or shielded so that the light source is not visible from the site's property line or alleyway that ix shared with a triggering property.

(6) Mechanical equipment may not produce sound in excess of 70 decibels measured at the site's property line or alleyway that is shared with a triggering property.

(7) A concrete slab used for a refuse receptacle may not be placed within 15 feet of triggering property.

(8) Except for a multi-use trail, an on-site amenity that is available only to residents and occupants of the site and their guests may not be located within 25 feet of a triggering property.

(9) Screening Requirements. Except when visible from or through a pedestrian or bicycle access point, the following objects shall be screened and may not be visible at the site's property line or alleyway that is shared with a triggering property:

(a) vehicle lights from vehicles that use or are parked on a parking lot or in a parking structure located on the site;

(b) ground floor and rooftop mechanical equipment;

(d) refuse receptacles and collection areas; and

(e) common areas for amenities, including outdoor decks, patios, and pools.

(10) The screening required in Subdivision (H)(9) may not impede pedestrian or bicycle access points.

(11) Rooftop mechanical and equipment may be screened by a parapet.

(12) Except for Subdivision (H)(4), this subsection governs over a conflicting provision of this title or other ordinance unless the provision is less restrictive."

The amendment was approved on a 10-1 vote. Council Member Kelly voted nay.

Ordinance No. 20240516-005 was approved as amended on Council Member Ryan Alter's motion, Mayor Watson's second on a 10-l vote. Council Member Kelly voted nay.

3. C20-2023-004 -Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property generally located within a certain distance along North Lamar Boulevard, Guadalupe Street, South Congress Avenue, and located south of U.S. Highway 183 and north of Lightsey Road/Woodward Street. Applicant Request: To rezone to add equitable transit-oriented development ( ETOD) combining district and density bonus ETOD (DBETOD) combining district. Staff and Planning Commission Recommendation: To grant equitable transit-oriented development (ETOD) combining district and density bonus ETOD (D13ETOD) combining district. Applicant: City of Austin. City Staff: Lauren Middleton-Pratt, 512-974-7220.

The public hearing was conducted and a motion to close the public hearing and approve the ordinance as recommended by staff was made by Council Member Vela and seconded by Mayor Watson.

The following amendment was made by Mayor Watson and seconded by Council Member Velasquez.

The amendment was to remove the parcels identified on the following maps.

The amendment was also to revise Part 1 to modify the number of acres being rezoned from approximately 1,104 acres to approximately 850 acres.

For the parcels identified on attached maps, City Code Section 25-2-247 (Restrictions on New Applications) is not triggered.

The amendment was approved on a 10-0 vote. Council Member Alison Alter recused.

The following staff recommendation was approved on a 10-0 vote. Council Member Alison Alter recused.

The recommendation was to include the address of properties in the ordinance, provide the maps, and change the effective date of the ordinance to match the EOD ordinance.

Ordinance No. 20240516-003 for equitable transit-oriented development (ETOD) combining district and density bonus ETOD (DBETOD) combining district was approved as amended on Council Member Vela's motion, Mayor Watson's second on a 9-1 vote. Council Member Kelly voted nay. Council Member Alison Alter recused.

6. Conduct a public hearing and consider an ordinance amending City Code Title 25 (Land Development) to revise regulations that apply to lots with one housing unit, including small lots, and flag lots (also known as HOME Phase 2).

The public hearing was conducted and a motion to close the public hearing and approve the ordinance as recommended by the Planning Commission was made by Mayor Pro Tem Pool and seconded by Council Member Ellis.

An amendment to include the following direction was made by Council Member Fuentes and seconded by Mayor Pro Tem Pool.

"The City Manager is directed to conduct an analysis of HOME phase 2's potential impact on displacement of communities of color and include this information in future annual impact reports required by HOME phase 1."

The direction was approved on an 11-0 vote.

Council Member Velasquez was off the dais during the vote of the amendment above. A motion to allow Council Member Velasquez to be shown as voting in favor of the amendment was made by Mayor Watson, seconded by Mayor Pro Tem Pool, and approved on an 11-0 vote.

An amendment to include the following direction was made by Council Fuentes and seconded by Council Member Ryan Alter.

The City Manager ix directed to continue to create and preserve affordable housing in Austin through the City's existing programs and initiatives, including: o Continue to allocate the $350 million made available through the 2022 Affordable Housing Bond to develop affordable housing, rehabilitate and preserve existing affordable housing, to acquire land, and to fund Home Repair programs, and of which $120 million have been appropriated in Fiscal Year 2024, and to date, the Austin Housing Finance Corporation has approved $95 million in funding for affordable housing developments and/or acquisitions and preservation which will result in thousands of income restricted units.

o Continue to work with the Community' Advisory Committee to allocate the $300 million of Project anti-displacement funding to prevent displacement and provide support for residents who live within one mile of the Project Connect high-transit corridors, and of which $120 million has already been made available to acquire land, preserve and rehabilitate existing affordable housing and income-restricted housing with expiring affordability requirements, to prioritize the development of deeply affordable housing that serves residents earning 30% of the median family income, and for community initiated solutions and partnerships with community organizations.

o Continue to rehabilitate existing affordable housing, building new affordable housing, and advance affordable housing in higher-income neighborhoods in Austin through the Housing Trust Fund, which has supported the creation and preservation of hundreds of safe affordable homes.

o Continue to seek land acquisitions for the City's Community Land Trust to create long-term affordability and homeownership opportunities, and which has an acquired portfolio of 21 homes using 2018 Affordable Housing Bonds with 20 more homes in the pipeline, and to date has helped 24 families remain in their neighborhoods by utilizing the City's preference policy.

o Continue to prevent displacement through the continuation of the Anti displacement Navigator program which, over the course of its pilot year, served over 221 households in Dove Springs and Colony Park, neighborhoods which have been identified as being vulnerable to displacement.

o Continue to provide renter assistance through the I Belong in Austin program which, as of April 2024, has distributed over $2,711,135 in funding with an additional $1,724,405 in current obligations and has served over 206 households across the City of which over 88% have been at 30% Median Family Income and below and at risk of eviction and experiencing financial challenges paying rent."

The direction was approved on a 10-1 vote. Council Member Kelly voted nay.

An amendment to include the following direction was made by Council Member Kelly and seconded by Council Member Alison Alter.

The City Manager is directed to include the number of subdivision applications that are submitted to create small lots allowed in Home Phase 2 as part of the report required by Part 19 of Ordinance No. 20231207-001 (HOME Phase 1). ''

The amendment was approved on an 11-0 vote.

The following amendment was made by Mayor Watson and seconded by Council Member Qadri.

The amendment was to revise the minimum lot size in Subsection (F) of Section 25- 2-779 (Small Lot Single-Family Residential Use) to 1,800 square feet.

The amendment was approved on a 10-1 vote. Council Member Kelly voted nay.

An amendment to include the following direction was made by Council Member Velasquez and seconded by Council Member Fuentes.

6,The City Manager is directed to study the feasibility, merits and risks of an equity/anti-displacement overlay and the impacts that such an overlay could have on affordability, displacement, and property values should we modify the proposed standards by geographic area and lowest income census tracts. The focus is to mitigate speculation and displacement in areas most affected by gentrification. The City Manager should explore both short- and long-term consequences of such an overlay, and the study should be based on the latest data and trends regarding geographic areas experiencing and vulnerable to displacement."

The direction was approved on an 11-0 vote.

The following amendment was made by Mayor Pro Tem Pool and seconded by Council Member Kelly.

The amendment was to revise Section 25-2-1406 (5) to read:

"(5) for a single-family residential use on an existing legal lot platted on or before August 15,2024 or a secondary apartment special use on an existing legal lot:

(a) may reduce the required minimum lot area to 2,500 square feet;

(b) may reduce the required minimum lot width to 25 feet;

(d) a lot that is aggregated with other property to form a site may not be disaggregated to satisfy this subsection; and,

The amendment was also to add a new Part 10 to read:

This ordinance applies only to an application filed on or after .August 16,2024."

The following amendment to Mayor Pro Tem Pool's amendment was made by Council Member Ryan Alter and seconded by Mayor Pro Tem Pool.

The amendment was to add a new part to read:

"For a property located outside of the wildland-urban interface area, this ordinance applies only to an application filed on or after August 16,2024. For a properly located within the wildland-urban interface area, this ordinance applies only to an application filed on or after November 16,2024. "

The amendment to the amendment was approved on a 10-1 vote. Council Member Kelly voted nay.

The following amendment to Mayor Pro Tem Pool's amendment was made by Council Member Fuentes and seconded by Mayor Pro Tem Pool.

The amendment was to revise the new I art 10 to read:

"PART 10. Phased Implementation.

(1) Except as provided in (2), this ordinance applies only to an application filed on or after August 16,2024.

(2) This ordinance applies only to an application filed on or after November 16, 2024, for a property located within:

(a) the wildland-urban interface area;

(b) a census tract that is identified as undergoing active displacement by the Uprooted Report; or

The amendment to the amendment was approved on a 10-1 vote. Council Member Kelly voted nay.

The amendment as amended was approved on an 11-0 vote.

The following amendment was made by Mayor Pro Tem Pool and seconded by Council Member Ellis.

The amendment was to revise Section 25-2-779 (F) (4) to read:

"(4) Except as provided in Subdivisions (5) and (6), the following setbacks apply.

(a) The minimum street side yard setback:

(i) on a Level 1 street is the greater of five feet from the property line or 10 feet from curb, or in the absence of curbs, from the edge of the pavement; or

(ii) on a Level 2, Level 3, or Level 4 street is 10 feet from the property line.

(b) The minimum side yard setback ix:

(i) five feet;

(ii) zero feet if adjacent to the portion of a flag lot that providex street access; or

(iii) zero feet for a side lot line that is shared with a lot that was subdivided to less than 5,750 square feet and was approved on or after August 16,2024.

(i) 10 feet; or

(ii) five feet if the lot is a flag lot;

(iii) zero feet if the lot is a flag lot and the front lot line is shared with a lot that was subdivided to less than 5,750 square feet on or after August 16,2024.

(d) The minimum rear yard setback is:

(i) five feet; or

(ii) zero feet for a rear lot line that is shared with a lot that was subdivided to less than 5,750 square feet on or after August 16, 2024."

The amendment was also to strike Section 25-2-779 (F) (5) and renumber the remaining subdivisions as needed.

The amendment was approved on an 11-0 vote.

A motion to amend was made by Council Member Ryan Alter and seconded by Council Member Alison Alter. The amendment was later withdrawn without objection.

The following amendment was made by Council Member Ryan Alter and seconded by Mayor Watson.

The amendment was to revise Section 25-1-22 to read:

"§ 25-1-22 MEASUREMENTS.

(A) For properly used multi-family residence limited density (MF-1) district and less restrictive base zoning districts, lot area is the net horizontal area within the lot lines, excluding the portion of the lot that:

(1) provides street access, if the lot is a flag lot; or

(2) is located below 492.8 feet of elevation above sea level, if the lot is adjacent to Like Austin.

(B) For property zoned townhouse and condominium residence (SF-6) district and more restrictive base zoning districts, lot area ix the net horizontal area within the lot lines and:

(1) includes the portion of the lot that provides street access, if the lot is a flag lot, and

(2) 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.

(D) Except ax otherwise provided in this title, lot width is measured at the front setback line and at a distance of 20 feet to the rear of the front setback line.

(E) 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 line ten feet long;

(2) parallel to the front lot line; and

(3) at the most distant location from the front lot line.

(F) A distance from a structure to a line or location is measured from the exterior face of the nearest wall or vertical support of the structure to the line or location. For a structure that does not have a wall or vertical support, the building official shall determine the point of measurement."

The amendment was also to revise Section 25-2-779 (H) to read:

"(II) Impervious Cover.

(1) The maximum impervious cover is 45 percent.

(2) Except for a flag lot, the maximum front yard impervious cover is 50 percent."

The amendment failed on a 4-7 vote. Those voting aye were: Mayor Watson, Council Members Alison Alter, Ryan Alter, and Fuentes. Those voting nay were: Mayor Pro Tem Pool, Council Members Ellis, Kelly, Qadri, Vela, and Velasquez.

An amendment to include the following direction was made by Council Member Alison Alter and seconded by Council Member Kelly.

"Because of the reduced lot size being adopted as part of HOME Phase 2, the City Manager is directed to propose an effective date that is 30 days after the date of adoption, which is the minimum allowed by State law, for the 2024 International Wildland Urban Interface Code and local amendments."

The direction was approved on an 11-0 vote.

The following amendment was made by Council Member Alison Alter and seconded by Council Member Kelly.

The amendment was to revise Section 25-2-779 (F) to read:

"(E) Subsections (F) through (M) apply to small lot single-family residential use on property zoned single-family residence small lot (SF-3) district or more restrictive.,.

The amendment was also to add a subsection (AI) to Section 25-2-779 to read: "(11) Short-term rental use ix prohibited."

The following amendment to Council Member Alison Alter'§ amendment was made by Council Member Alison Alter and seconded by Council Member Kelly.

The amendment was to revise Section 25-2-779 (AI) to read:

"(M) Short-term rental use is prohibited. This provision expires on April 1,2025, or upon passage of a superseding ordinance."

The amendment to the amendment was approved on an 11-0 vote.

The amendment as amended was approved on an 8-0 vote. Council Members Ellis and Vela abstained. Mayor Pro Tem Pool was off the dais.

The following amendment was made by Council Member Ryan Alter and seconded by Council Member Velasquez.

The amendment was to revise Section 25-1-22 (0 to read:

"§ 25-1-22 MEASUREMENTS.

"(C) Except as otherwise provided in this title, lot width is measured at the front setback line and at a distance of 20 feet to the rear of the front setback line. "

The amendment was approved on an 11-0 vote.

Ordinance No. 20240516-006 was approved as amended on Mayor Pro Tem Pool's motion, Council Member Ellis' second on a 9-2 vote. Those voting aye were: Mayor Watson, Mayor Pro Tem Pool, Council Members Ryan Alter, Ellis, Fuentes, Harper-Madison, Qadri, Vela, and Velasquez. Those voting nay were: Council Members Alison Alter and Kelly.

7. Conduct a public hearing and consider an ordinance amending City Code Title 25 (Land Development) to create regulations that allow properties to be used for charging electric vehicles.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20240516-007 as recommended by staff was approved on Council Member Alison Alter's motion, Council Member Velasquez's second on a 10-l vote. Council Member Kelly voted nay.

Mayor Watson adjourned the meeting at 1:51 p.m. without objection.

The minutes were approved on this the 18th day of July 2024 on consent on Council Member Vela's motion, Council Member Qadri's second on an 11-0 vote.

https://services.austintexas.gov/edims/document.cfm?id=432867

City of Austin City Council met May 16

Related