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[00:00:07]

ATX N IS ON AIR.

OKAY.

THANK YOU EVERYBODY FOR COMING TONIGHT.

WE'RE GOING TO GO AHEAD AND KICK THIS OFF.

UM,

[CALL TO ORDER AND ROLL CALL]

IT IS 5:35 PM ON MONDAY, JUNE 28TH, 2021.

THIS IS A REGULAR MEETING OF THE DESIGN COMMISSION WITH STAFF CALL ROLL, PLEASE.

GLADLY TODAY IS MONDAY, JUNE 28TH.

UH, DESIGN COMMISSION MEETING CARRIE, UH, CHAIR, CAROL PRESIDENT, UH, VICE CHAIR ROLLISON, PRESENT COMMISSIONER GONZALEZ, COMMISSIONER FRANCO, COMMISSIONER MINORS, COMMISSIONER TENANT, GUCCI REZA, COMMISSIONER HERNIA.

ROBLEDO PRESENT COMMISSIONER WEAVER, COMMISSIONER COLEMAN, COMMISSIONER WATLEY, PRESENT COMMISSIONER LUKINS PRESENT AND YOU HAVE CORN.

THANK YOU.

UM, CITIZENS COMMUNICATION.

HAS ANYONE SIGNED UP TO SPEAK TONIGHT? I HAVE NOT BEEN INFORMED OF ANYONE SIGNING UP TO SPEAK.

[1A. Discussion and possible action on recommendations addressing Fee-in-lieu recommendations for Great Streets, as requested by Resolution No. 20200312-040, to be presented by Jorge E. Rousselin - City of Austin Housing and Planning Department]

WE'LL MOVE RIGHT INTO OUR NEW BUSINESS ITEM ONE, A DISCUSSION AND POSSIBLE ACTION ON RECOMMENDED RECOMMENDATIONS, ADDRESSING FEE IN LIEU RECOMMENDATIONS FOR GREAT STREETS.

YES, PLEASE.

SORRY.

THANK YOU, CHAIR AND COMMISSIONERS.

GOOD EVENING.

LAND DIVISION MANAGER OF URBAN DESIGN HOUSING AND PLANNING INNER TO GIVE YOU A BRIEF PRESENTATION ON THE RECOMMENDATIONS FOR A FEW LITTLE OPTIONS.

IF WE COULD HAVE THE PRESENTATION ON GRAY STREETS, G S FI F I L LOADED, PLEASE, WE CAN GET STARTED HERE IN JUST A SECOND AND TERRIFY ALSO MAY AS THAT PRESENTATION IS BEING LOADED.

UM, I BELIEVE MS. KATELYN, THAT MEYER IS AN ATTENDEE HERE.

AND WHEN I WOULD LIKE TO INTRODUCE HER AS THE NEW GREEN STREETS PROGRAM MANAGER, WHO WILL BE MANAGING THE GRAY STREETS PROGRAM MOVING FORWARD, WE'RE VERY EXCITED TO HAVE HER ON BOARD.

HER EXPERIENCE AND EXPERTISE ARE GOING TO PROVE EXTREMELY VALUABLE TO THE PROGRAM.

SO I WOULD APPRECIATE IF YOU ALL COULD WELCOME HER AT THE APPROPRIATE TIME, THAT'S THE SECOND PRESENTATION AND WE CAN MOVE ON TO THE FIRST ONE.

STAND BY PLEASE.

WE'RE GOING TO RELOAD IT.

THANK YOU.

OKAY.

GO DOWN TO THE BOTTOM 10 GREAT STREETS.

GREAT STRAINS.

DO YOU HAVE AN APP? YES, I CAN SEE IT ON MY SCREEN.

THANK YOU.

JUST A QUICK CHECK.

IF YOU'RE ABLE TO SEE THE PRESENTATION.

YES WE ARE.

HEY, REAL QUICK.

BEFORE YOU START, UH, CITY HALL, COULD YOU PLEASE THAT COMMISSIONER WEAVER AND AS A PARTICIPANT.

THANK YOU.

THANK YOU, CHAIR.

IF I MAY START, YES, PLEASE GO AHEAD PARTY.

THANK YOU COMMISSIONER.

SO LET'S GO AHEAD AND GET STARTED WITH THIS PRESENTATION.

AND THIS IS MORE OF A DIALOGUE THAT WE WOULD LIKE TO HAVE WITH YOU AS WE START TO PREPARE THESE RECOMMENDATIONS BEGINNING WITH THE PREMISE OF THE 1991 ROUTE AT THAT STREETS OR FOR PEOPLE.

NEXT SLIDE, PLEASE.

IF WE GO BACK IN, START TO LOOK AT JUST THE LAST COUPLE OF DECADES, THE TRANSFORMATIONAL CHANGE

[00:05:01]

THAT GRAY STREETS HAS BEEN FOR DOWNTOWN HAS BEEN UNMEASURABLE IN TERMS OF ELEVATING THE HUMAN EXPERIENCE OF PUBLIC SPACES DOWNTOWN.

EVEN FROM TIME TO TIME WHERE WE GET EXTRA TERRESTRIAL VISITORS WALKING DOWNTOWN, THEY ALSO ENJOY THE BENEFITS OF GRAY STREETS, UH, AS HAS BEEN A TRANSFORMATION HELMET.

NEXT SLIDE, PLEASE, GRAY STREETS PROVIDES, UH, QUITE A NUMBER OF SPECIFIC GOALS.

EVERYTHING FROM BALANCING THE PUBLIC RIGHT OF WAY TO ENCOURAGING PUBLIC ART, TO ELEVATING THE PRIVATE SECTOR INVESTMENT AND CREATING STREETS AS PLACES.

NEXT SLIDE PLEASE.

BUT, UH, SOME OF THE PRINCIPLE GOALS AND OBJECTIVES ARE GRAY STREET INCLUDE THE PROVIDING SHADE TREES, STREET FURNITURE AND STREET MIGHTY ALL ACTING COHESIVELY TO INCENTIVIZE AN ACTIVE AND SAFE PEDESTRIAN REALM SPECIFICALLY FOR WALKABILITY AND CONNECTIVITY DOWNTOWN, ALL THESE ELEMENTS WORK AS PART OF AN INFRASTRUCTURE SYSTEM.

SO JUST THE WAY THAT WE THINK ABOUT SIDEWALKS AND MANHOLES AND DUCT BANKS, WE SHOULD ALSO THINK ABOUT THESE GRAY STREET ELEMENTS AS PART OF THAT INFRASTRUCTURE SYSTEM, AS IT IS ACTING IN CONJUNCTION WITH THOSE ZONES.

NEXT SLIDE PLEASE.

SO THIS EVENING, WE WANT TO APPROACH THE COMMISSION AND DISCUSS SOME FIELD LIEU RECOMMENDATIONS AS DICTATED MANDATED BY COUNCIL.

NEXT SLIDE, PLEASE.

AS WE BEGIN TO LOOK AT WHERE GRAY STREET APPLIES, YOU'RE LOOKING AT A MAP OF DOWNTOWN AUSTIN AND TYPICALLY WHERE GRACE STREET APPLIES IS JUST SOUTH OF 11TH STREET.

TWO SETS ARE CHAVEZ.

HOWEVER, THERE ARE PROPERTIES THAT HAVE ELECTED TO PARTICIPATE IN THE GREEN STREETS PROGRAM THAT ARE LOCATED IN THE RAINY DISTRICT, AS WELL AS PROPERTIES NORTH OF THE CAPITAL THAT ARE VOLUNTARILY AND CURRENTLY PARTICIPATING IN THE PROGRAM AS A WAY TO ACHIEVE RESTRICT IMPROVEMENTS.

A LONGER FRONTAGE IS THE, THE PROGRAM ITSELF, UH, IS ALSO A GATEKEEPER REQUIREMENT OF THE DOWNTOWN DENSITY BONUS PROGRAM.

AND IF YOU RECALL, PRIOR TO 2013, THE VEHICLE ON THE WAY BY WHICH ADDITIONAL HEIGHT AND DENSITY WAS ACHIEVED DOWNTOWN WAS THROUGH THE CURE OVERLAY CENTRAL REDEVELOPMENT DISTRICT THAT APPLIES SPECIFICALLY TO DOWNTOWN.

AND WHAT ARE ALSO KNOWN AS THE FINGERS THAT EXTEND EAST OF 35 INTO CERTAIN NEIGHBORHOODS OF EAST AUSTIN.

HOWEVER, IN 2013, THE COUNCIL MADE A CHANGE TO THE CODE BY WHICH THE CARE OVERLAY WAS NO LONGER THE VEHICLE TO ACHIEVE ADDITIONAL HEIGHT AND DENSITY AND PUT IN PLACE THE DENSITY BONUS PROGRAM, WHICH YOU'RE WELL AWARE OF.

NEXT SLIDE, PLEASE.

WHAT YOU SEE HERE IS A DEPICTION OF THE DOWNTOWN AUSTIN OVERLAID WITH THE CAPITOL VIEW CORRIDORS AND A PARTICULAR INTEREST AS THE AREA HIGHLIGHTED IN THE GREEN OVAL OF PROPERTIES THAT FRONT ONTO TXDOT RIGHT AWAY, WHAT YOU SEE DEPICTED THERE IN RED IN A BIG RED LINE IS INTERSTATE 35, WHICH NOT ONLY THE INTERSTATE ITSELF, BUT THE FRONTAGE ROADS ARE UNDER TEXTILES AND STATE CONTROL.

THERE ARE TWO PROJECTS THAT HAVE FRONTAGE IS ALONG TEXTILE, RIGHT OF WAYS THAT ALSO PARTICIPATED IN THE DOWNTOWN DENSITY BONUS PROJECT.

AS YOU RECALL, THIS COMMISSION REVIEWED BOTH PROJECTS IN COMBO THE PROJECTS TO BE IN COMPLIANCE WITH THE URBAN GUIDELINES.

HOWEVER, THOSE PROJECTS ARE NOT ABLE TO IMPLEMENT GREAT STREET IMPROVEMENTS ON THEIR FRONT EDGES AS THE JURISDICTION FOR THOSE, FOR THAT RIGHT AWAY IS UNDER TEXTILE IN STATE CONTROL.

AND THEREFORE TEXTILE WOULD NOT ALLOW THE SPECIFIC IMPROVEMENTS OR ELEMENTS OF GRAY STREETS TO BE INSTALLED ON THOSE FRONT JUDGES.

NEXT SLIDE, PLEASE THROUGH COUNCIL ACTION, UH, EARLY PART OF LAST YEAR, THE COUNCIL INSTRUCTED THE CITY MANAGER TO BEGIN CRAFTING RECOMMENDATIONS FOR CREATING A FEE IN LIEU OPTION FOR THOSE SPECIFIC PROJECTS THAT HAD FRONT ADJUST, UH, ONTO EXTRA JURISDICTIONAL CONTROL, UH, AND IT ESTABLISHES SPECIFIC PROJECTS THAT CAN PARTICIPATE IN THE FIELD LIEU PROGRAM.

SO I WANT TO MAKE IT CLEAR THAT THIS IS NOT APPLICABLE TO ALL OF DOWNTOWN.

UH, IT'S JUST ESSENTIALLY APPLICABLE TO ABOUT 5,500

[00:10:01]

LINEAR FEET OF, UH, PROPERTIES THAT ARE OUTSIDE THE CAPITAL OF NEW CORRIDORS THAT COULD TAKE ADVANTAGE OF THE DENSITY BONUS PROGRAM.

THE DIRECTOR FOR THE COUNCIL ALSO ESTABLISHED AN ADMINISTRATIVE PROCESS TO BE ABLE TO CAPTURE THOSE FUNDS AND ESTABLISH A FUND TO COLLECT THEM, TO BE USED SPECIFICALLY FOR THE EXECUTION AND BUILDING OF GREAT STREETS.

NEXT SLIDE PLEASE.

SO WHAT I'LL DO IS I WILL JUST, UH, HOLISTICALLY WALK YOU THROUGH THE STAFF RECOMMENDATIONS THAT ARE EMERGING FROM THIS ANALYSIS AND WHAT WE'LL BE APPROACHING COUNCIL, THAT THE STAFF WOULD BE RECOMMENDING SPECIFYING AN INITIAL RANGE OF COSTS AVERAGING ABOUT 55 TO $60 PER SQUARE FOOT, OR THE CONSTRUCTION OF CREST RATE IMPROVEMENTS.

THIS FIGURE IS BASED ON CALCULATIONS THAT WERE RESEARCHED WHEN THE SOUTH CENTRAL WATERFRONT INITIATIVE PROJECT WAS BEING EVALUATED FOR THE POTENTIAL OF SAMPLE IMPLEMENTING GRAY STREETS.

AND THAT IS THE FIGURE THAT WAS DERIVED.

THE STAFF WOULD ALSO BE RECOMMENDING A 10% INCREASE ADDITIONAL AMOUNT FROM THE BASE AMOUNT OR THE CONSTRUCTION TO COVER MAINTENANCE OF GRAY STREET IMPROVEMENTS.

MAINTENANCE IS AN ISSUE THAT WE HAVE HEARD FROM CITY STAFF, AS WELL AS PRIVATE DEVELOPMENTS AND THE PRIVATE DESIGN COMMUNITY AS TO HOW THOSE ELEMENTS IN THE RIGHT OF WAY ARE MAINTAINED IN PERPETUITY.

IF YOU RECALL THAT ANY PROJECT THAT PARTICIPATES IN THE DOWNTOWN DENSITY BONUS PROGRAM AND THEREFORE IMPLEMENTS GRAY STREET IMPROVEMENTS, THEY ARE REQUIRED TO MAINTAIN THOSE IMPROVEMENTS IN PERPETUITY.

IN THE CASE OF A THEME NEW PROGRAM, WE WOULDN'T BE ABLE TO DO SO AS THE CITY WOULD BE CAPTURING THE PROPORTIONAL AMOUNT FOR THOSE PERCENTAGES TO BE CAPTURED INTO THAT FUND THAT IS CREATED AND WOULD BE TALKED ABOUT HERE JUST BRIEFLY.

SO THERE WOULD BE A 10%, 10% INCREASE OF THE COST OF THE CONSTRUCTION, ABOUT FIVE AND A HALF DOLLARS TO $6 PER SQUARE FOOT TO COVER THOSE MAINTENANCE COSTS.

AND THAT WOULD BE A ONE-TIME ASSESSMENT OF THOSE FUNDS.

ALSO STAFF IS RECOMMENDING THE CREATION OF THE SPECIFIC FUND TO LIVE WITHIN THE PUBLIC WORKS DEPARTMENT.

THAT WOULD BE FOR THE SOLE PURPOSE OF EITHER DESIGN, CONSTRUCTION, OR CONSTRUCTION OR MAINTENANCE OF GREEN STREET IMPROVEMENTS.

WHEN THE CITY ENDEAVORS, ANY CIP OR CAPITAL IMPROVEMENT PROJECTS TO IMPLEMENT GRAY STREETS ON ANY OF THE STREETS THAT ARE APPLICABLE WITHIN THE PROJECT.

NEXT SLIDE, PLEASE, YES, SPONSOR WOULD BE COLLECTED AT THE TIME OR PRIOR TO THE CERTIFICATE OF OCCUPANCY.

AND THAT ALIGNS WITH THE WAY THAT WE CAPTURE FUNDS AT THIS TIME, UH, WITH CONTRIBUTIONS TO THE AFFORDABLE HOUSING, UH, PORTION OF THE DOWNTOWN DENSITY BONUS PROGRAM.

FOR EXAMPLE, THE STAFF WOULD ALSO RECOMMEND ADJUSTING THE FEE, UH, FOR CONSTRUCTION ON A REGULAR BASIS.

SO AS TO KEEP UP WITH THE COST OF INFLATION, AS WELL AS MATERIALS AND, AND BE ABLE TO ACCURATELY CAPTURE SUFFICIENT AMOUNT OF FIELD CONTRIBUTIONS FOR THE ACTUAL CONSTRUCTION OF FUTURE GREY STREET IMPROVEMENTS, THE STAFF WOULD ALSO BE RECOMMENDING THAT THERE'LL BE A PROJECT PRIORITY PROCESS BY WHICH, UH, PRIORITY STREETS ARE EVALUATED.

FOR EXAMPLE, AS THE CITY BEGINS TO LOOK AT SOME DOWNTOWN CORRIDORS AND THE IMPLEMENTATION OF MOBILITY IMPROVEMENTS DOWNTOWN, THAT THERE'LL BE A PROCESS BY WHICH THOSE PRIORITIES ARE ELEVATED IN ORDER TO BE ABLE TO IMPLEMENT GREAT STREETS ALONG THOSE CORRIDORS.

ALSO TAKING A LOOK AT DESIGN CRITERIA FOR ALTERNATIVE IMPROVEMENTS.

CURRENTLY, THERE IS NO ALTERNATIVE WAY TO ACHIEVE GREAT STREETS OTHER THAN TO MEET THE STRICT ADHERENCE TO THE STANDARDS.

AND THIS IS SOMETHING THAT WILL REQUIRE AN UPDATE TO THE GRAY STREET STANDARDS BY WHICH STAFF WILL BE ENGAGING WITH THE COMMISSION, UH, VERY SOON IN TERMS OF OUTLINING ITEMS THAT NEED TO BE CONSIDERED AS PART AS THE UPDATE TO THE GROCERY STANDARDS AND FURTHERMORE MONITOR AND TRACK THE FEW LEW COLLECTIONS TO MAKE SURE THAT THEY ARE BEING APPLIED TO ANY PROJECTS, AS WELL AS DOING REGULAR AUDITS, UH, HOW THE FUNDS ARE BEING ALLOCATED AND HOW THEY'RE BEING COLLECTED.

IT'S LIKE, PLEASE.

SO MOVING ON TO THE NEXT STEPS, THE STAFF BE PRESENTING THESE RECOMMENDATIONS TO COUNCIL IN THE EARLY FALL OF 2021 IN THE NEXT FEW MONTHS.

AND WE WOULD ASK THE COUNCIL TO INITIATE CODE AMENDMENT SPECIFICALLY

[00:15:01]

TO 25, 25, 86 TO POTENTIALLY INCLUDE THE RECOMMENDATION IS THAT WE JUST WALK YOU THROUGH THAT.

WE'LL TAKE THAT EFFECT SOMETIME IN THE FALL OF 2021.

AND WE WOULD ENGAGE WITH THE COMMUNITY AND DESIGN TEAMS TO GATHER INPUT THROUGH THE CODE AMENDMENT PROCESS TO BEGIN IN THE WINTER OF 2022 TARGETING SPECIFICALLY EARLY SPRING OF 2022, BY WHICH THE, THE COMMISSION AND OTHER COMMISSIONS WOULD BE ABLE TO PROVIDE SPECIFIC COMMENTS TO THE COUNCIL IN ADVANCE OF THE EXECUTION OF THIS QUARTER MINUTES.

NEXT SLIDE, PLEASE.

THAT CONCLUDES MY PRESENTATION ON THESE RECOMMENDATIONS CHAIR, AND I'M HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU.

THANK YOU, JORGE.

UM, I'M GOING TO MAYBE KICK US OFF HERE WITH SOME QUESTIONS.

I, I DIDN'T QUITE UNDERSTAND THE RECOMMENDATION ON THE, UM, COST PER SQUARE FOOT.

UM, WHAT IS THAT RIGHT AWAY AREA WORK OR FOOTAGE IS THAT, THAT THAT WOULD BE PROPORTIONAL TO THE FRONTAGE.

SO YOU'RE LOOKING AT AN INITIAL COST OF $55 TO $60 PER SQUARE FOOT ON THE FRONT.

AND THE PROPULSOR PROPORTIONAL FRONTAGE OF THE PROJECT'S FRONTAGE TO A RIGHT OF WAY.

THIS IS RIGHT AWAY ONLY.

SO FOR EXAMPLE, IF A PROJECT ONLY HAD 5,000 SQUARE FEET OF FRONTAGE ALONG THE TEXTS THAT RIGHT AWAY, THE ASSESSMENT WOULD BE 55 TO $60 PER SQUARE FOOT TIMES THAT 5,000 AMOUNT, 5,000 SQUARE FEET AMOUNT, THAT WOULD BE 18 FEET BY THE LINEAR FRONT AGE OF THAT PROJECT.

GOTCHA.

DOES THAT ANSWER YOUR QUESTION? YES, IT DOES.

THANK YOU.

UH, AND ANOTHER SORT OF FOLLOW-UP IS IF THERE WAS A CASE WHERE A PROJECT COULD PROVIDE THE IMPROVEMENTS ON THEIR PROPERTY, IS THAT ACCEPTABLE? TH THAT IS ACCEPTED.

I APOLOGIZE.

COULD YOU, SORRY, I ADDED THAT AT THE END AS NOT PAY A FEE IN LIEU, BUT TO PROVIDE THE IMPROVEMENTS ON THEIR PROPERTY OUT OF THE RIGHT OF WAY.

SO THE OPTIMAL SOLUTION IS TO PROVIDE THE ON-SITE IMPROVEMENTS WHEN THEY ARE REQUIRED.

IN OTHER WORDS, IF A PROJECT IS PARTICIPATING IN THE DOWNTOWN DENSITY BONUS PROGRAM, THEY ARE REQUIRED TO EXECUTE OR RESTRICT THE COVENANT COMMITTING TO THE, TO INSTALLING THOSE IMPROVEMENTS ALONG THOSE, UH, RIGHT AWAY.

AND THE PERCENTAGES WHEN THERE IS EXTRA JURISDICTIONAL CONTROL OF THOSE WATER LEAKS.

SO THE APPLICABILITY OF IS THE UNIVERSE IS QUITE NARROW.

IT WOULD REALISTICALLY ONLY APPLY TO ABOUT 5,500 LINEAR FEET FRONTING THE ACCESS ROADS OF IHI 35 AS IT GOES SOUTHBOUND ALONG THE EASTERN EDGE OF DOWNTOWN.

AND WE SAY REALISTICALLY, BECAUSE THEY ARE OUTSIDE OF THE CAPITOL VIEW CORRIDOR.

SURE.

SO THE STAFF WOULD NOT BE RECOMMENDING THAT THIS FEE IN LIEU PROGRAM WOULD APPLY TO THOSE PROJECTS THAT ARE ABLE TO IMPLEMENT GREAT STREET IMPROVEMENTS IN THE STANDARDS WITHIN NOT ONLY THE PUBLIC RIGHT AWAY, BUT POTENTIALLY A FOOT OR SO INTO THEIR PRIVATE REALM, WHICH HAS BEEN DONE IN AREAS LIKE RAINY, FOR EXAMPLE.

SO IT REALLY SOUNDS LIKE THEY WOULDN'T BE ABLE TO FULLY COMPLY WITHOUT USING THE RIGHT OF WAY, IS THAT THAT'S CORRECT.

IN THE TWO PROJECTS THAT THE COMMISSION SAW, UH, EARLY PART OF THIS YEAR, UH, AND I BELIEVE EVEN LAST YEAR, THE TWO PROJECTS WERE NOT ABLE TO COMPLY ONE PROJECT, NOT AT ALL BECAUSE THEIR ENTIRE FRONTAGE WAS ALONG THE TEXTILE RIGHT OF WAY.

AND ANOTHER PROJECT HAD A PORTION OF THEIR FRONTAGE ALONG THE TEXTS THAT RIGHT AWAY.

SO ONLY THOSE TWO FRATERNITIES WOULD THE FIELD LOOP PROGRAM APPLY ON FRONTAGE IS WHERE THEY WERE ABLE TO PROVIDE THOSE IMPROVEMENTS THAT THE LOOP PROGRAM WOULD NOT APPLY IN.

MOST PROJECTS WILL BE EXPECTED TO FULFILL THE CODE REQUIREMENTS OF 25, 25 86, WHICH WOULD BE TO IMPLEMENT THOSE IMPROVEMENTS ALONG THOSE FURNITURES, WHERE THERE IS THE ABILITY TO PROVIDE IT ONTO THE MOTORWAY.

RIGHT.

OKAY.

THANK YOU.

ARE THERE QUESTIONS FROM ANYONE ELSE? I HAVE ONE.

SO YEAH.

SO MY UNDERSTANDING

[00:20:01]

IS THIS APPLIES TO, UH, LOTS WITHIN THE GREAT STREETS PROGRAM MAP THAT YOU SHOWED US WITH THE BOUNDARIES.

AS WE REWRITE THE URBAN DESIGN GUIDELINES, WE'VE BEEN TALKING A LOT ABOUT KIND OF LIKE GREAT STREETS, YOU KNOW, IN THE SUBURBAN AREAS.

AND THE MORE LIKE THE TODD, UH, TRANSIT ORIENTED DISTRICTS, THAT KIND OF STUFF.

SO HOW IS THIS GOING? HA HOW CAN WE TAKE THIS TO THE NEXT LEVEL AND KIND OF USE THIS IN OUR NEW GUIDELINES TO KIND OF LIKE SET THE PRECEDENT, UH, AS WE MOVE FORWARD THERE, UH, APPRECIATE THE QUESTION COMMISSIONER.

I JUST WANT TO CAUTION THAT GRAY STREET IS A PARTICULAR TYPE APOLOGY THAT APPLIES TO DOWNTOWN OUTSIDE OF DOWNTOWN.

IT IS EXTREMELY DIFFICULT TO GET A CONSISTENT FRONTAGE THAT WOULD ACCOMMODATE GREAT STREETS BECAUSE THERE'S A WIDE RANGE OF ONDULATING RIGHT AWAY WITH THAT DON'T LEND ITSELF TO ACCURATELY CAPTURE THE TOPOLOGY.

HOWEVER, THERE IS SPACE QUITE A BIT OF SPACE IN MOST OF OUR MAJOR CORRIDORS, I, WHICH THE COMMISSION SHOULD HAVE WISHED TO TAKE ELEMENTS OF THE GREAT STREETS PROGRAM AND CONSIDER THE APPLICATION OF SUCH INTO YOUR URBAN DESIGN GUIDELINES COULD EASILY BE TRANSLATED INTO A AND FORMULATE IT INTO RECOMMENDATIONS THAT COULD MAKE IT INTO YOUR DESIGN GUIDELINES.

AS PARTICULAR ELEMENTS, FOR EXAMPLE, COULD BE LIGHTING, COULD BE STREET FURNITURE COULD BE SPECIFIC SPACING THAT YOU NEED IN ORDER TO ACCOMMODATE SHADE TREES, AS WELL AS OTHER ELEMENTS LIKE TRASH RECEPTACLES BIKE INFRASTRUCTURE.

THERE IS AN AMPLE AMOUNT OF COMPETITION FOR SPACE SPECIFICALLY IN DOWNTOWN AREAS, AS WE HAVE INTRODUCED ELEMENTS THAT DIDN'T, THAT WEREN'T EVEN REAL BACK 20 YEARS AGO WHEN THE GRAY STREETS PLAN WAS ENACTED SUCH AS SCOOTERS, FOR EXAMPLE, WE'RE ALSO, YEAH.

YEAH.

SO I THINK I'M TAGGING ON THE CHAIR.

UH, CAROL'S COMMENT THOUGH, IF WE EXTEND THIS GREAT STREETS OR WHATEVER WE WANT TO CALL IT, TOPOLOGY OUT TO WHERE WE DO WANT TO HAVE A GREAT STREETS TYPE OF PROGRAM OUT IN CERTAIN AREAS OUTSIDE OF THAT DISTRICT, I WOULD HOPE THAT MAYBE WE CAN WRITE SOMETHING INTO WHATEVER WE'RE DOING TO WHERE THAT DEVELOPER NEEDS TO KIND OF GIVE UP A LITTLE BIT OF HIS OWN JUST BECAUSE HE DOESN'T HAVE THE RIGHT OF WAY OR WHATEVER IT IS THERE.

HE NEEDS TO SACRIFICE SOMETHING THERE FOR SOME AMENITIES, THEY KIND OF HIT THE GREAT STREETS, UH, PROGRAM.

UM, AND THAT'S ALL I'M SAYING RIGHT NOW, BUT, UH, YEAH, I THINK THIS IS, UH, IT'S MORE, HEY, YOU MENTIONED IT'S SORT OF A SPECIFIC SOLUTION TO A SPECIFIC PROBLEM, BUT WE RECOGNIZE THAT THERE ARE OTHER ISSUES WITH GRAY STREETS THAT NEED TO BE FIXED, UM, THAT I THINK WE CAN ADDRESS IN THE FUTURE.

ANY OTHER QUESTIONS OR COMMENTS, COMMISSIONERS YOU'RE I THINK YOU'RE ON MEDIA, JUST THE THOUGHT KIND OF GOING ON THIS AS WELL TOO, IS, YOU KNOW, ONCE WE GET OUTSIDE OF DOWNTOWN, WE HAVE SOME CHAPTERY, UM, THAT IS, YOU KNOW, PROVIDING GUIDANCE ON HOW THE STREET IS TREATED.

AND CERTAINLY IT'S NOT AS ROBUST AS THE, UH, UH, GREAT STREETS PROGRAM AND THE GUIDELINES THERE.

UM, BUT THAT'S ANOTHER WAY TO KIND OF LOOK AT SOME OF THESE AREAS OUTSIDE OF DOWNTOWN.

AND IT'S JUST, YOU KNOW, UM, LOOKING AT SUB CHAPTER AND WHAT ARE THE REQUIREMENTS ONE THOUGHT I'D HAVE ABOUT, UH, BRAIN AND THE SUCCESS OF THAT INSTALLATION ON ANY SCIENCE? IT SEEMS TO, IN MY MIND, REQUIRE THAT POWER BE BURIED AT, YOU KNOW, BEING THE OVERHEAD POWER, ALWAYS TRUMPS EVERYTHING ELSE FROM SAFETY STANDPOINT.

UM, AND IT CAN REALLY SEEING HOW MUCH DISTORTION, YOU KNOW, IT CAN CREATE IN THE PLACEMENT OF BUILDINGS AND, UH, AND SIDEWALKS AND TREES JUST IN, UH, AREAS OF THE SEPTEMBER OR SUB CHAPTER HE APPLIES.

IT SEEMS LIKE TO REALLY HAVE AN EFFECTIVE, YOU KNOW, GREAT STREETS IF WE WERE TO HAVE THAT OUTSIDE OF DOWNTOWN, LIKE SAY INSTANCE OF TODD'S THAT, UM, I THINK THAT WOULD JUST BE A NECESSITY THAT POWER NEED TO BE BURIED, UM, TO EVEN MAKE IT KIND OF WORK.

OTHERWISE WE KIND OF GO BACK TO SUB CHAPTER AND DO OUR BEST WITH THAT.

THAT'S A GOOD POINT.

ANYONE ELSE QUIET TONIGHT? WELL, WE DO HAVE THIS POSTED FOR ACTION.

IF WE WOULD LIKE TO TAKE AN ACTION ON IT, I'M ASSUMING, OR, HEY, THESE ARE THE STAFF RECOMMENDATIONS

[00:25:01]

THAT WILL BE PRESENTED TO COUNCIL.

IS THAT CORRECT? THAT'S CORRECT.

CHAIR.

AND THE STAFF WOULD APPRECIATE THE FEEDBACK OR INPUT OR EVEN A FORMAL RECOMMENDATION.

IF THE COMMISSION WOULD LIKE TO EXPRESS WHAT IT IS EVENING, YOU MAY ALSO WANT TO CONSIDER SENDING THAT WORKING GROUP, IF YOU WILL ALSO WANT TO FORMULATE MY CONDITIONS VIA WORKING GROUP, BUT THIS WILL START MAKING ITS WAY TO COUNCIL LATER IN THE SUMMER.

AND I'D LIKE TO INVITE THE COMMISSION TO CONTINUE BEING A PART OF THIS DISCUSSION, KNOWING THAT THE COMMISSION IS VERY WELL VERSED IN THE IMPORTANCE OF GRAY STREETS, AS WELL AS THE DENSITY BONUS PROGRAM.

I HAVE A QUESTION.

SO, SO HOW IS COUNCIL INFORMED AND HOW DOES COUNCIL UNDERSTAND THAT THIS HAS BECOME AN ISSUE I'M KIND OF INTERESTED IN HOW THE COMMUNICATION WORKS BETWEEN DESIGN COMMISSION, CITY STAFF OR WHATEVER IT IS, WHAT KIND OF LIKE, HOW'S IT ALL THIS TRIGGERED IN THIS PARTICULAR CASE, A COMMISSIONER, UH, THE COUNCIL WAS MADE AWARE OF TWO PROJECTS THAT WERE NOT ABLE TO MEET THE GATEKEEPER REQUIREMENT OF GRAY STREETS ON THOSE TWO FRINGES AND IN COLLABORATION WITH THE DESIGN TEAMS. UH, THE IDEA CAME FROM COUNCIL THAT A FIELD LOOP PROGRAM COULD BE CONSIDERED FOR THOSE STRICT, UH, APPLICATIONS OF WHERE THERE WAS EXTRA JURISDICTIONAL CONTROL OF THE RIGHT OF WAY.

SO THE SCOPE OF THIS IS QUITE NARROW.

SO THE COUNCIL INACCURATE A RESOLUTION DIRECTING THE CITY MANAGER COME UP WITH RECOMMENDATIONS FOR A FIELD LIEU PROGRAM.

STAFF HAS A PARTICULAR COMMISSION, UH, TO PROVIDE, PROVIDE INPUT AND RECOMMENDATIONS TO COUNCIL DIRECTLY.

AND THAT COULD TAKE THE SHAPE AND FORM OF A LETTER TO COUNCIL AS WELL AS BE FORMAL RECOMMENDATIONS THAT B YOU MAY WANT TO ATTACH.

THAT WOULD FORM PART OF THE RECOMMENDATIONS THAT WOULD BE PRESENTED EVENTUALLY TO THE PLANNING COMMISSION.

AND THEN BACK TO COUNCIL ONCE THE CURRENT AMENDMENTS ARE INITIATED BY COUNCIL LATER THIS FALL.

SO THOSE WERE THE PROJECTS THAT WE HAD REVIEWED EVAN.

UH, YEAH, THAT'S WHAT I'M STARTING TO UNDERSTAND NOW, BUT THE DEVELOPER ACTUALLY WENT TO COUNCIL TO KIND OF GET THIS THING MOVING.

SO THAT'S, THAT'S WHAT I WANT TO ATTEND TO HERE.

UM, AGAIN, THIS, THIS IS A VERY NARROW FOCUS.

UM, IT SEEMS TO ME A PRETTY STRAIGHTFORWARD RECOMMENDATION.

I DON'T KNOW.

I MEAN, I'M NOT HEARING A LOT OF CONVERSATION FROM THE COMMISSION THAT IT NECESSARILY WARRANTS A WORKING GROUP.

SO, UM, PERHAPS IF WE WANT TO TAKE ACTION ON IT TONIGHT, ANY THOUGHTS? UM, I MOTION TO SUPPORT THE RECOMMENDATIONS.

IS THAT THE KIND OF ACTION YOU'RE ASKING FOR CHAIR THAT WORKS? IS THERE A SECOND TO THAT MOTION? I'LL SECOND COMMISSIONER, WEAVERS SECONDS.

ANY DISCUSSION ON THAT? ALL ARE JUST TOO EASY TONIGHT.

OKAY, GOOD.

WE'LL PUT IT TO A VOTE THEN.

UH, I'LL CALL OUT YOUR NAMES AND LET ME KNOW.

YAY OR NAY.

SO WE GET EVERYONE RECORDED.

UM, COMMISSIONER AN HOUR LATER, FISHER MINERS.

I DIDN'T CATCH THAT.

SORRY.

YAY.

COMMISSIONER.

LUKINS YES.

MR. TANIGUCHI, UM, UH, VICE-CHAIR RAWSON.

YES, FOR SURE.

WALLY YAY.

COMMISSIONER WEAVER AND I AM A GAY.

SO THAT PASSES IF I MAY, I'M SEVEN YEARS IN ONE ABSTAIN.

THANK YOU.

THANK YOU, CHAIR AND COMMISSIONER IS JUST PLEASE NOTE THAT THIS WILL COME BACK TO YOU IN THE FORM OF AN ACTUAL CODE AMENDMENT.

SO THERE'LL BE AMPLE OPPORTUNITY TO PROVIDE ADDITIONAL RECOMMENDATIONS LATER.

THANK YOU.

[00:30:02]

THANK YOU EVERYONE.

[1B. Staff briefing, (Discussion and Possible action) on recommendations addressing Council Resolution 20210422-039 related to the Downtown Density Bonus Program Section 25-2-586 (B)(6) to be presented by Jorge E. Rousselin - City of Austin Housing and Planning Department]

SO WE WILL MOVE ON TO THE NEXT ITEM ONE B DISCUSSION AND POSSIBLE ACTION ON RECOMMENDATIONS RELATED TO THE DOWNTOWN DENSITY BONUS PROGRAM.

BE PRESENTED BY JORGE RUSLAN AND SAM TEDFORD.

THIS PRESENTATION HAS TWO PARTS, SO LET'S LET BOTH OF THEM PRESENT.

AND THEN WE CAN ASK QUESTIONS AT THE END.

YES, PLEASE GO AHEAD.

THANK YOU CHAIR.

I COULD HAVE THE SECOND PRESENTATION LOADED.

I WOULD GREATLY APPRECIATE IT.

THANK YOU.

AND AS THAT IS HAPPENING, UH, WE WILL BE PROVIDING A TWO-PART PRESENTATION AND WE'LL TRANSITION ABOUT HALFWAY THROUGH THE PRESENTATION TO THAT SECOND PART.

SO AGAIN, THREE BEING CORE HETEROS ALIGNED WITH, UH, URBAN DESIGN DIVISION MANAGER HERE TO HAVE A DISCUSSION WITH YOU ABOUT THE DOWNTOWN DENSITY BONUS PROGRAM AND OPTIONS TO MODIFY 25 TO 5 86, B AS IN BOY, SIX, THAT'S A SPECIFIC SECTION OF THE DOWNTOWN DENSITY BONUS PROGRAM.

AND WE'LL GET INTO THAT AS PART OF THIS PRESENTATION.

THANK YOU.

IF I MAY PROCEDURE, YES, PLEASE.

GO AHEAD.

THANK YOU.

AND COMMISSIONERS WHERE YOU'RE SEEING IS A TESTAMENT AS TO HOW AS FAR BACK AS TWO DECADES AGO, AN EXPLOSION OF DEVELOPMENT STARTED TO OCCUR DOWNTOWN.

AS PROJECTS BEGAN TO TAKE ADVANTAGE OF THE DOWNTOWN DENSITY BONUS PROGRAM TO IMPLEMENT ADDITIONAL HEIGHT AND DENSITY DOWNTOWN.

NEXT SLIDE, PLEASE.

IN THE EARLY PART OF THIS YEAR, UH, IN APRIL THE, THE CITY COUNCIL EXECUTED A RESOLUTION INITIATING CODE AMENDMENTS TO THE SPECIFIC SESSIONS SECTION OF THE DENSITY BONUS PROGRAM, 25 TO 5 86, TO AMEND THAT SECTION THAT WE'RE TALKING ABOUT THIS EVENING.

FURTHERMORE, THE COUNCIL GAVE THE CITY MANAGERS SPECIFIC DIRECTION TO PRESENT A REPORT ON FLORIDA AREA BEST PRACTICE FOR TWO AREA RATIO, BEST PRACTICES AND STAFF INITIATED AND ANALYSIS OF THAT.

NEXT SLIDE, PLEASE.

NEXT SLIDE PLEASE.

THANK YOU.

SO STAFF CONDUCTED RESEARCH ON EIGHT MAJOR TEXAS CITIES, UH, WITH THE PURPOSE OF TRYING TO UNDERSTAND IF ANY OF THESE CITIES HAVE A SPECIFIC DOWNTOWN DENSITY BONUS PROGRAM, YOU WILL NOTE THAT HOUSTON, TEXAS IS NOT LISTED HERE AS HOUSTON DOES NOT HAVE A ZONING DOES NOT HAVE A ZONING CODE IN B REVIEW OF THESE EIGHT MAJOR TEXAS CITIES.

UH, WE FOUND THAT AUSTIN WAS THE ONLY ONE THAT HAD A SPECIFIC DOWNTOWN DENSITY BONUS PROGRAM, AND SPECIFICALLY IT CONTAINS THE PATHWAY BY WHICH GREATER DENSITY CAN BE REQUESTED BEYOND THE DENSITY BONUS LIMITS AS APPLIED IN THE CODE.

NEXT SLIDE, PLEASE.

THE CITY OF DALLAS COMES THE CLOSEST IN HAVING A PROGRAM PROGRAM THAT'S THAT RESEMBLES THE DOWNTOWN DENSITY BONUS PROGRAM.

HOWEVER, IT DOES NOT NECESSARILY APPLY TO DOWNTOWN.

IT MOSTLY APPLIES TO AREAS OUTSIDE OF DOWNTOWN BY WHICH ADDITIONAL DENSITY IS GRANTED IN EXCHANGE FOR MIXED INCOME HOUSING.

AND THERE ARE SPECIFIC AREAS OUTSIDE OF DOWNTOWN THAT THESE INCENTIVES WOULD OF WOULD APPLY.

AND THEY OFFERED THE REMOVAL OF THE FAR REQUIREMENT IN EXCHANGE FOR THAT ADDITIONAL MAXIMUM UNIT DENSITY.

BUT THAT'S ABOUT AS CLOSE AS ANY TEXAS CITY GETS TO AUSTIN'S DENSITY BONUS PROGRAM.

NEXT SLIDE, PLEASE.

THERE ARE ESSENTIALLY THREE MAIN OPTIONS BY WHICH TO ADDRESS THE COUNCIL DIRECTION AND THEIR OPTIONS TO ADDRESS 25 2 5 86 B SIX, OPTION ONE WOULD BE TO LEAVE THE EXISTING LANGUAGE AS THIS.

IN OTHER WORDS, NO CHANGES TO THE LANGUAGE, TO ELIMINATE SECTION A B SIX IN ITS ENTIRETY, AND TO MODIFY SECTION B6.

SO WE'LL GO THROUGH THESE OPTIONS.

NEXT SLIDE PLEASE.

SO THE FIRST OPTION WOULD BE TO MAKE NO MODIFICATIONS TO BE SIX, AND THAT IS BASED ON THE NEW CALIBRATION AS, AS EXECUTED,

[00:35:01]

UH, JUST BACK IN MAY OF THIS YEAR BY THE COUNCIL, THE COUNCIL TOOK ACTION BY ORDINANCE TO INCREASE THE DEVELOPMENT BONUS FEES FOR SPECIFIC PROPERTIES AND DEVELOPMENT TYPES DOWNTOWN IT'S LIKE, PLEASE YOU SEE A DEPICTION HERE OF EXHIBIT A THAT WAS ATTACHED TO THE ORDINANCE BACK IN MAY, THAT OUTLINES THE SPECIFIC DEVELOPMENT TYPES AND THE SPECIFIC DOWNTOWN DISTRICTS AS WELL.

AND TO INCREASE OUR DEVELOPMENT DONORS FEES FROM ITS CURRENT STATE AND WOULD OFFER ADDITIONAL CONTRIBUTIONS, UH, WHEN APPLYING THE FEE IN LIEU FOR ACHIEVING ADDITIONAL, UH, DENSITY AS WELL AS PROVIDING A PATHWAY TO ACHIEVE ADDITIONAL DENSITY DATA.

NEXT SLIDE, PLEASE, OPTION TWO WOULD BE THE REMOVAL COMPLETE REMOVAL OF SECTION 25, 25, 86 V6.

THIS WOULD ELIMINATE THE ABILITY FOR AN APPLICANT TO REQUEST THE ADDITIONAL FAR BEYOND THE ADMINISTRATIVE PORTIONS OF THE PROGRAM, AND WOULD PRECLUDE ANY APPLICANT FROM APPROACHING COUNCIL AND REQUESTING ADDITIONAL FAR FLOOR AREA RATIO AND WOULD KEEP IN PLACE THE ADMINISTRATIVE PORTIONS OF THE PROGRAM THAT THIS COULD HAVE A POTENTIAL EFFECT THAT IT COULD LIMIT THE ADDITIONAL ONSITE AFFORDABLE HOUSING THAT COULD BE PROVIDED ONSITE OR THE CONTRIBUTIONS THAT ARE COLLECTED THROUGH THE FEE IN LIEU OPTION THAT THE PROGRAM CURRENTLY HAS AN APPLIES TO THOSE PROPERTIES THAT ARE ELIGIBLE TO PARTICIPATE IN THE PROGRAM.

NEXT SLIDE, PLEASE.

ANOTHER OPTION COULD BE TO MODIFY SECTION B SIX.

AND IF YOU WOULD INDULGE ME FOR A FEW MOMENTS, I'LL WALK YOU THROUGH SOME OF THESE PROVISIONS.

THE MODIFICATION COULD INCLUDE KEEPING INTACT THE ADMINISTRATIVE PROGRAM AND THE REQUIREMENTS OF THE GATEKEEPER REQUIREMENTS.

ESSENTIALLY NOTHING WOULD CHANGE IN TERMS OF THE APPLICATION OF THE GATEKEEPER REQUIREMENTS.

AND THE ADMINISTRATIVE PROGRAM WOULD STAY AS IS WITH THE CURRENT LIMITS, BUT IMPOSE AN INCREASE IN THE ENLOE FEES BEYOND THOSE LISTED IN EXHIBIT A, THIS OPTION COULD INCREASE THE AMOUNT OF CONTRIBUTIONS FOR WHAT WE OFTEN REFER TO AS THE DOUBLE BONUS, WHICH IS THE BONUS AREA REQUESTED SPECIFICALLY THROUGH COUNCIL ACTION.

THERE COULD BE AN INCREASE TO THOSE FEES BEYOND WHAT'S ALREADY BEEN LISTED IN THE INTERIM ASSESSMENT OF THOSE FEES.

ALSO, THERE COULD BE ADDITIONAL COMMUNITY BENEFITS THAT WOULD COULD BE ACHIEVED USING THE LIST THAT IS CURRENTLY IN THE CODE UNDER SUBSECTION E OF 25, 25, 86, WITH THE CAVEAT THAT ADDITIONAL COMMUNITY BENEFITS COULD BE LISTED AS A SPECIFIC PATHWAY TO ACHIEVE ADDITIONAL DENSITY.

NEXT SLIDE, PLEASE.

THERE ARE FORMULAS THAT ARE PART OF THE 2014 ORDINANCE AND WE'VE CALLED THEM FORMULAS BECAUSE IT PROVIDES THE PATHWAY BY WHICH THE BONUS AREAS, CALCULATOR FOR ADDITIONAL SQUARE FOOTAGE AND WHAT IS NECESSARY TO GAIN THE BONUS AREA BEYOND WHAT THE DENSITY BONUS PROGRAM WOULD ALLOW.

SO IT COULD REVISE THOSE FORMULAS TO INCREASE THE AMOUNT THAT IS REQUIRED TO PROVIDE IN TERMS OF SPECIFIC COMMUNITY BENEFITS AND BE ABLE TO TRANSLATE THAT INTO BONUS AREA ABOVE WHAT IS BEING ASKED OR ABOVE WHAT THE ADMINISTRATIVE PROGRAM PORTIONS OF THE PROGRAM.

BUT WE COULD ALSO CONSIDER ADDING OTHER SPECIFIC COMMUNITY BENEFITS.

THERE'S A SPECIFIC PORTION OF 45 TO 5 86 CONTAINING .

THAT IS ESSENTIALLY AN OPEN-ENDED APPROACH TO OTHER COMMUNITY BENEFITS BY WHICH THE APPLICANT PROPOSES A SPECIFIC COMMUNITY BENEFIT THAT IS EVALUATED BY THE DIRECTOR AND DETERMINED WHETHER THAT INDEED IS A COMMUNITY BENEFIT AND COULD BE CONSIDERED A COMMUNITY BENEFIT FOR PURPOSES OF GAINING ADDITIONAL DENSITY PER PROJECT.

THERE ARE NO METRICS CURRENTLY IN THE CODE THAT HELPS STAFF TO DETERMINE HOW TO ARRIVE AT A CONSISTENT FORMULA BY WHICH TO APPLY THOSE, UH, ADDITIONAL COMMUNITY BENEFITS AND THE ADDITIONAL THEY ARE.

AND THEREFORE A CONSIDERATION COULD BE TO ELIMINATE THAT PARTICULAR PORTION, BUT RELY ON THE ADDITIONAL COMMUNITY BENEFITS THAT COULD BE CONSERVED.

NEXT SLIDE, PLEASE, AT THIS TIME, THE STAFF RECOMMENDATION IS TO NOT MAKE ANY MODIFICATIONS TO THE EXISTING LANGUAGE.

AND THAT'S BASED ON

[00:40:01]

THE NEW CALIBRATION THAT HAS BEEN, UH, PRESENTED AND ALSO ACTED ON BY COUNCIL ACTION THROUGH ORDINANCE KNOWING FULL WELL THAT THOSE FEES COULD POTENTIALLY BE CHANGED IF, AND WHEN COUNCIL HAS THE OPPORTUNITY TO TAKE THOSE UP SOMETIME LATER THIS SUMMER, AND THAT'LL BE THE SECOND PORTION OF THIS PRESENTATION.

SO BASED ON THOSE NEW CALIBRATIONS, THE STAFF IS PROPOSING AT THIS TIME NOT TO MAKE CHANGES TO 25 25 86 B SIX, AND LEAVE THE OPTION FOR APPLICANTS TO APPROACH THE COUNCIL AND REQUEST ADDITIONAL FAR BEYOND THE ADMINISTRATIVE PORTION OF THE PROGRAM.

NEXT SLIDE PLEASE.

SO AT THIS TIME I WOULD LIKE TO TRANSITION THE PRESENTATION TO MY COLLEAGUES IN THE INCLUSIVE PLANNING PORTION OF THE HOUSING AND PLANNING DEPARTMENT FOR THE CONTINUATION OF THE CALIBRATION PRESENTATION.

THANK YOU, CHAIR.

THANK YOU MORE.

HEY, MY NAME IS SAM PENFORD.

I'M A PLANNER IN THE INCLUSIVE PLANNING DIVISION OVER AT THE CITY OF BOSTON'S HOUSING AND PLANNING DEPARTMENT.

AND I'LL BE SPEAKING TO YOU ABOUT THE OTHER PORTIONS OF THE MOST RECENT COUNCIL RESOLUTION REGARDING THE DOWNTOWN DID SPEAK ON HIS PROGRAM.

NEXT SLIDE PLEASE.

AND THOSE TWO ELEMENTS, UH, I'VE SUMMARIZED HERE AS ADOPTING INTERIM FEES AS WELL AS CALIBRATING THOSE FEES.

NEXT SLIDE.

UH, SO THE INITIAL ABOUT, UH, ADOPTING INTERIM FEES AS FOREHEAD HAS ALREADY ALLUDED TO HAS ALREADY BEEN COMPLETED ON MAY 20TH COUNCIL ADOPTED, UH, INTERIM FEES THAT, UM, WERE APPLICABLE FOR, IN LIEU OF AFFORDABLE HOUSING FEES FOR RESIDENTIAL DEVELOPMENT, AS WELL AS NON RESIDENTIAL DEVELOPMENT DOWNTOWN.

AND THE OTHER THING THAT IT DID WAS MOVED THOSE FEES FROM THE INITIAL, THE ORIGINAL 2014 ORDINANCE INTO THE CITY'S FEE SCHEDULE.

SO THIS IS JUST CHANGING WHERE THE FEES LIVE IN A CITY CODES AND ORDINANCES.

NEXT SLIDE PLEASE.

SO THIS IS WHAT THOSE INTERIM FEES ARE.

THESE WERE ADOPTED, THIS IS JUST A DIFFERENT, UH, TABLE SHOWING THOSE SAME FEES THAT WERE, UH, GRABBED FROM THE ORIGINAL ORDINANCE.

UH, SO EFFECTIVE ON MAY 31ST, 2021, THE HOUSING AND PLANNING DEPARTMENT FEE SCHEDULE, UH, INCLUDES THESE FEES AND I'M JUST GOING TO BREAK DOWN WHAT'S IN THERE.

AND THEN WE'LL TALK A BIT ABOUT WHERE THESE FEES CAME FROM.

UH, SO THERE ARE FEES BASED ON RESIDENTIAL OR COMMERCIAL DEVELOPMENT FOR RESIDENTIAL PROJECTS.

UH, IT WILL VARY DEPENDING ON IF YOU'RE IN THE RAINEY STREET DISTRICT OR OTHER DISTRICTS OF THE DOWNTOWN DENSITY BONUS PROGRAM, AS WELL AS, UH, DEPENDING ON THE SITES BASED ZONING, BUT IT'S ESSENTIALLY IF YOU HAVE CBD ZONING, UH, OR, UH, ANY OTHER BASED ZONING.

AND SO THAT LOOKS LIKE RING THE STREET.

UM, ACTUALLY REGARDLESS OF THE BASE ZONING RESIDENTIAL DEVELOPMENTS, UH, WE'LL PAY A $5 PER BONO SQUARE FOOT FEE.

THAT'S ACTUALLY THE SAME AS THE 2014 FEE, BUT FOR ALL OTHER DISTRICTS IN THE DOWNTOWN DENSITY BONUS PROGRAM AREA, DEPENDING IF YOU HAVE CBD BASED OWNING, YOU'LL BE PAYING AT $12 PER BONUS SQUARE FOOT FEE.

AND FOR ALL OTHER ZONES IN CBD, IT'S A $10 PRO BONO SQUARE FOOT FEE.

THEIR BIGGEST CHANGE HERE IS THAT THERE IS NOW A COMMERCIAL FEE, A NON-RESIDENTIAL, UH, BONUS FEET APPLICABLE DOWNTOWN.

AND THAT LOOKS LIKE THE SAME ACROSS ALL DISTRICTS OF DOWNTOWN, BUT IT DOES VARY STILL BASED ON A SITE BASED ZONING.

SO AGAIN, IF YOU HAVE CBD BASED ZONING, YOU WILL NOW BE PAYING AN $18 PER SQUARE FOOT OF BONUS AREA OF FEE, AND ALL OTHER ZONES WILL PAY $12 PER SQUARE PER BONUS SQUARE FOOT FEE.

UM, WE'VE BEEN GETTING QUITE A FEW QUESTIONS ABOUT THESE FEES.

SO I DID THINK THIS IS A GOOD TIME TO MENTION THAT DENSITY BONUS APPLICATIONS APPLY THE FEET AND LIEU RATE IN EFFECT AT THE TIME OF SITE PLAN IS SUBMITTED.

SO SITE PLANS SUBMITTED PRIOR TO MAY 31ST, 2021.

WE'LL STILL PAY THE 2014 FEES.

UM, AND THE, THE FEE RATE THAT WAS APPLICABLE AT THE TIME OF SITE PLAN SUBMISSION, NEXT SLIDE.

SO IF YOU HAVE QUESTIONS ABOUT WHERE THOSE FEES CAME FROM, I JUST WANT TO DESCRIBE THAT THEY ACTUALLY CAME FROM WORK THAT WAS CONDUCTED DURING THE LAND DEVELOPMENT CODE REVISION.

UM, SO THESE FEES WERE DEVELOPED WITH, UH, THE HELP OF SOME ECONOMIC CONSULTANTS ECO NORTHWEST.

UM, I'VE LINKED IN THIS PRESENTATION THERE AT THE BOTTOM, THE MEMO FROM JANUARY 28TH, 2020, THAT DESCRIBES THESE FEES IN FURTHER DETAIL.

AGAIN, THIS WAS IN THE CONTEXT OF THE LAND DEVELOPMENT CODE REVISION AT THE TIME.

SO A FEW THINGS ABOUT WHY THESE COULD BE CONSIDERED INTERIM FEES ARE THAT THERE ARE SOME DIFFERENCES IN HOW WE MIGHT CONDUCT THE FEE CALIBRATION TODAY.

SO THESE VIEWS

[00:45:01]

WERE CALIBRATED USING LATE 2019 MARKET DYNAMICS, A THING OR TWO HAS CHANGED SINCE LATE 2019.

UM, MOST NOTABLY WE'RE STILL TRYING TO UNDERSTAND THE IMPACTS ON MARKET DYNAMICS BASED ON THE GLOBAL PANDEMIC THAT WE'RE IN.

UM, ASIDE FROM THAT THESE FEES WERE ALSO INITIALLY BASED ON NEW ZONES, UH, PROPOSING THE LAND DEVELOPMENT CODE REVISION.

THE TABLE THAT'S SHOWN HERE ON SCREEN WAS FROM THE ORIGINAL MEMO THAT RECOMMENDED THESE FEES.

AND YOU'LL SEE ZONES LIKE CC AND DC THAT DO NOT EXIST IN TODAY'S CODE.

SO WE DID A BIT OF TRANSLATION WORK, UM, TO UNDERSTAND, YOU KNOW, HOW YOU CAN TRANSLATE THESE FEES INTO TODAY'S CODE, THE OTHER, UH, THINGS THAT THESE WERE BASED ON.

THEY WERE CALIBRATED TO A SITES BASED ZONING, NOT THE DOWNTOWN SUBDISTRICT.

THAT'S WHY YOU SORT OF SEE THIS A HYBRID NOW WHERE HIGHER FEES FROM THE 2014 ORDINANCE FOR MOSTLY BASED ON THIS SITES, UH, LOCATION IN A DOWNTOWN SUBDISTRICT.

AND WE WERE MOVING TOWARDS BASING THOSE FEES ON A SITE SPACE ZONING.

AND SO WE'RE KIND OF IN A, IN BETWEEN STILL WALT RAINEY HAS DIFFERENT, UM, SUB DISTRICT REQUIREMENTS THAN THE REST OF DOWNTOWN.

AND THESE FEES WERE ALSO TUNED TO SPECIFIC REQUIREMENTS OF THE PROPOSED LAND DEVELOPMENT CODE REVISION.

THE MOST NOTABLE OF THOSE THAT IMPACTED THE CALIBRATION OF THESE FEES WOULD DEFINITELY BE THE IMPOSITION THAT, OR THE PROPOSED IMPOSITION OF A PARKING MAXIMUM DOWNTOWN, WHICH WE KNEW BASED ON STAKEHOLDER FEEDBACK COULD IMPACT THE ACHIEVABLE SALES PRICES FOR A, FOR SALE CONDO, UM, HOUSING DOWNTOWN.

AND SO WE HAD ACTUALLY TAKEN INTO ACCOUNT A POTENTIAL REDUCTION IN ACHIEVABLE SALES PRICES BASED ON THE, UH, PARKING MAXIMUM THAT WAS RECOMMENDED ONE STALL PER UNIT, WHICH IS LESS THAN WHAT THE MARKET WAS PROVIDING AT THE TIME THE STUDY.

SO THOSE ARE SOME OF THE REASONS WHY THESE ARE INTERIM FEES AND THAT THERE IS AN ASK FOR US TO RE-LOOK AT THESE FEES AND DO SOME CALIBRATION WORK.

OKAY.

WHICH IS WHAT I WILL TALK ABOUT NEXT, NEXT SLIDE, PLEASE.

SO WHAT MAY MEAN, I DON'T HAVE, UH, DRAFT FEES TO, TO PRESENT TO THE COMMISSION AT THIS TIME.

WE'RE REALLY IN THE EARLY STAGES OF THIS BE CALIBRATION WORK, BUT HOPEFULLY BY, UM, THE END OF THE SUMMER IN THE NEXT MONTH OR TWO, WE WILL BE ABLE TO BRING SOMETHING BACK TO STAKEHOLDERS TO, UH, TO DISCUSS, BUT WE, WHAT WE WILL BE DOING IN THE MEANTIME IS, UM, CONTINUING OUR RESEARCH ON THE CURRENT AND NEAR TERM MARKET DYNAMICS DOWNTOWN TO UPDATE THOSE 2019, UH, MARKET DYNAMICS THAT WERE INCLUDED IN THAT INITIAL STUDY, WE'LL BE DOING RESEARCH ON THE DEVELOPER LAND AND SITE CHARACTERISTICS, AND THEN TUNING OUR MODELING TOOLS TO OUR CURRENT LAND DEVELOPMENT CODE ZONING AND TYPE LINTS INSTEAD OF THE DRAFT LDC ZONING REQUIREMENTS, WHICH WERE WHAT WERE INCLUDED IN THE INITIAL FEE STUDY.

AND THEN OF COURSE, UPDATING AFFORDABILITY POLICIES TO REFLECT UPDATED MEDIAN FAMILY INCOMES, WHICH IS KIND OF THE BASIS OF OUR AFFORDABLE HOUSING, UM, LIMITS AND FOR SALE PRICE LIMITS.

AND THEN OF COURSE, WE'LL BE TESTING DEVELOPMENT FEASIBILITY UNDER THESE POLICY UPDATED POLICY REQUIREMENTS AND MARKET ASSUMPTIONS.

AND WE WILL BE SHARING THE STAFF RECOMMENDATION WITH STAKEHOLDERS AS WELL AS THE MODELING ASSUMPTIONS THAT WE WERE USING SO THAT EVERYONE CAN UNDERSTAND WHAT WENT INTO OUR MODELS.

UM, NEXT SLIDE PLEASE.

SO THIS IS JUST A SIMPLE GRAPHIC TO SAY THAT WE KNOW THAT, UM, DEVELOPMENT WILL ONLY OCCUR, AWARE PUBLIC POLICY, MARKET, FEASIBILITY, CAPITAL, AND LAND ALL ALIGN APPROPRIATELY.

UM, WHAT WE CAN DO AS STAFF OR STUDY THE, THE VIABLE SITES DOWNTOWN, THE INVESTMENT METRICS AROUND SALES PRICES, OPERATING CONSTRUCTION COSTS IN ORDER TO CALIBRATE THAT PIECE, THE PUBLIC POLICY PIECE.

AND THAT'S WHERE OUR AFFORDABILITY REQUIREMENTS SETTING THAT AFFORDABLE HOUSING IN LIEU FEE COMES INTO PLAY.

UM, NEXT TIME, THIS IS A BIT OF A REFRESHER, BUT IT'S BEEN A MOMENT SINCE WE'VE HAD OUR CONVERSATIONS ABOUT DENSITY BONUS PROGRAMS. AND SO, UM, BEAR WITH ME IF I JUST WANT TO WALK THROUGH KIND OF WHAT WE MEAN WHEN WE SAY CALIBRATING THOSE FEES AND WHY THIS IS IMPORTANT TO GET THE MAXIMUM PUBLIC BENEFIT AND IN THIS CASE AFFORDABLE HOUSING.

UM, SO AS WE KNOW, TEXAS LAW PROHIBITS MANDATORY INCLUSIONARY ZONING.

AND SO WE RELY ON INCENTIVE-BASED PROGRAMS TO CREATE AFFORDABLE HOUSING WITHOUT DIRECT PUBLIC SUBSIDIES.

AND THAT LOOKS LIKE OUR DENSITY BONUS PROGRAMS. AND WHAT WE MEAN WHEN WE SAY RECALIBRATING OUR DENSITY BONUS PROGRAMS, IT MEANS WE'RE, WE'RE SORT OF ANALYZING THE VALUE THAT A BONUS ENTITLEMENT CONFERS TO A DEVELOPMENT.

SO WE'RE GOING TO WORK TO UNDERSTAND THE VALUE OF BUILDING OF A PROTOTYPICAL BUILDING ON A VARIETY OF PARCEL SIZES.

UM, WHAT THE VALUE OF THAT BUILDING COULD BE UNDER BASE ENTITLEMENTS, AND THEN COMPARE THAT TO THE VALUE OF THE BUILDING OR TYPES OF BUILDINGS THAT COULD BE BUILT UNDER BONUS ENTITLEMENTS

[00:50:01]

SO THAT WE UNDERSTAND THE VALUE OF THAT IS CONFERRED BY A BONUS.

AND THEN WE WANT TO TAKE A PORTION OF THAT BONUS VALUE AND ATTRIBUTE IT TOWARDS, TOWARDS, UH, PUBLIC BENEFIT IN DOWNTOWN.

IT GOES TOWARD, OR IF IT'S NOT ON-SITE PROVISION OF AFFORDABLE HOUSING, THEN IT GOES TOWARDS LOW BARRIER APPROACHES TO HOUSING FOLKS, EXPERIENCING HOMELESSNESS WITH OUR IN LIEU FEEDS.

THAT'S WHAT IT FUNDS.

SO WE WENT TO TAKE A PORTION OF THAT VALUE, BUT NOT TOO MUCH AND LEAVE A PORTION OF THAT BONUS VALUE ON THE TABLE, SO THAT THERE'S STILL AN INCENTIVE TO BUILD INTO THE BONUS TO BUILD THOSE BONUS ENTITLEMENTS.

UH, NEXT SLIDE PLEASE.

AND WE KNOW THAT IF WE DO NOT CALIBRATE THESE FEES APPROPRIATELY, AND WE ASKED TOO MUCH IN OUR AFFORDABILITY REQUIREMENTS, IF WE SET THAT IN LIEU FEE TOO HIGH AND TAKE TOO MUCH OF THAT BONUS VALUE, OR ACTUALLY MAKE IT A NEGATIVE INCENTIVE OR DISINCENTIVE TO, UH, BUILD A BONUS, THEN WE WILL GET NO AFFORDABLE HOUSING FEES.

AND MOST DEVELOPMENTS WILL ONLY BUILD TO THE BASE ENTITLEMENTS.

SO THIS IS WHY WE ARE CAREFUL IN WEIGHING THE VALUE OF THAT BONUS AND ONLY TAKING A PORTION OF IT FOR OUR PUBLIC BENEFIT.

NEXT SLIDE PLEASE.

SO THERE'S A LOT OF SAY WE ARE CAREFULLY CALIBRATING, UM, TO MAKE SURE THAT WE'RE WEIGHING THE DEVELOPMENT BENEFIT TO THE PUBLIC BENEFIT, UH, SO THAT WE ALL CAN GET THE, OUR PUBLIC BENEFIT, UM, IN BOTH THOSE ADDITIONAL BONUS UNITS, MARKET RATE OR AFFORDABLE, UM, AND MAXIMIZING OUR PUBLIC BENEFIT TO ACHIEVE POLICY GOALS.

NEXT SLIDE PLEASE.

AND SO THE NEXT STEPS FOR US ON THIS ARE WE ANTICIPATE BY LATE JULY OR AUGUST STAFF WILL BE ABLE TO, UM, SHARE OUR RECOMMENDATION ON THESE FEES, AS WELL AS SHARE OUR MARKET AND POLICY ASSUMPTIONS WITH STAKEHOLDERS.

UM, AT THAT TIME WE INTEND TO BRIEF THE APPROPRIATE BOARDS AND COMMISSIONS AND HOST A STAKEHOLDER MEETING, UM, TO DISCUSS AND PRESENT THOSE PROPOSED FEES.

AND WE ANTICIPATE BY LATE AUGUST OR SEPTEMBER, WE WILL HAVE A CHANCELLOR WILL CONSIDER THE UPDATE TO THE FEE SCHEDULE TO REFLECT THE CALIBRATED OR RECALIBRATED DOWNTOWNS IN SPEED BONUS PROGRAM IN LIEU FEES.

AND I BELIEVE THOSE ARE ALL OF OUR SIDES TODAY, AND THAT CONCLUDES MY PRESENTATION.

THANK YOU, SAM AND PORT HAE, ANY QUESTIONS FROM COMMISSIONERS, COMMISSIONER WEAVER? YOU'RE MUTED.

OKAY.

I'VE GOT A COUPLE OF QUESTIONS FOR EACH OF THE SPEAKERS.

UM, I'LL START WITH SAM.

THANK YOU FOR YOUR PRESENTATION.

UM, JUST A QUICK NOTATION COMMENT ON THE SIDE THAT HAS THE, IT TALKS ABOUT THE FEE CALIBRATION.

UM, I THINK IT'S LABELED AS COMPETITIVE RETURN OF CAPITAL AND, UM, I'M, I'M A DEVELOPER AND I'M REALLY INTERESTED IN, IN MAKING HOUSING, MAKING HOUSING DOWNTOWN.

AND THAT LABEL WAS A LITTLE BIT, UM, CHALLENGING FOR ME AS A DEVELOPER, BECAUSE I WANT PICK THE CHEAPEST I CAN FOR FINANCE.

YOU DON'T HAVE TO TELL ME THAT , UM, I THINK A MORE, UH, MAYBE POTENTIALLY BETTER MESSAGING COST OF FINANCING HAVE TO PAY THAT COST.

JUST LIKE YOU HAVE TO PAY YOUR DESIGNER.

IT'S JUST LIKE YOU HAVE TO PAY FOR YOUR CONSTRUCTION.

IT'S A COST OF FINANCE AND THAT'S REALLY DETERMINED BY THE MARKET.

UM, THE DEVELOPERS ALREADY LOOKING FOR THE CHEAPEST COST OF FINANCE AND IF THEY DON'T RETURN THAT COST TO FINANCE, THEY HAVE LITIGATION.

SO YOU DON'T HAVE TO TELL THEM THAT TWICE.

IT'S JUST THE PROJECT COST.

UM, OKAY.

UH, AND THEN I ALSO WANTED TO JUST KIND OF FOLLOW UP, UM, AS YOU'RE, AS YOU'RE THINKING ABOUT THESE COSTS AND KIND OF IMPLEMENTATION.

UM, AND I'M JUST REALLY CURIOUS HOW THE EFFICACY HAS BEEN IN, UH, THE WAY THE DOWNTOWN DENSITY BONUS WORKS NOW, DOES IT ACTUALLY FUNCTION, YOU KNOW, HAS THAT BEEN A STUDY, UM, OF IF THIS IS ACTUALLY PROVIDING AFFORDABLE HOUSING DOWNTOWN, HOW ARE THE FEES BEING USED? I THINK COMMISSIONER WATLEY REQUESTED THAT INFORMATION.

UM, BUT YOU KNOW, JUST KIND OF STEPPING BACK IS THE INTENTION OF THIS RECALIBRATION OF THE DOWNTOWN DENSITY BONUS TO OFFER MORE AFFORDABLE HOUSING DOWNTOWN, OR IS IT TO COLLECT MORE FEES? AND I WOULD JUST SUGGEST GETTING REALLY CLEAR ON THAT INTERVENTION AND THEN CREATING A POLICY TO SUPPORT THAT INTENTION.

BECAUSE RIGHT NOW IT'S JUST FEELING LIKE, OKAY,

[00:55:01]

I'M CONFUSED HONESTLY, ON WHAT THE INTENTION IS.

SORRY.

THERE WAS A COMPOUND QUESTION.

UM, DO YOU HAVE ANY COMMENTS ON, ON EITHER OF THOSE QUESTIONS, SAM? YEAH.

YEAH.

SO TO THE FIRST PART, UM, I KNOW A COMMISSIONER HAD REQUESTED MORE OF AN OVERVIEW OF THE PERFORMANCE OF OUR DOWNTOWN DENSITY BONUS PROGRAM AND WHAT HAS BEEN YIELDED IN TERMS OF AFFORDABLE HOUSING ONSITE, AS WELL AS IN LIEU FEES.

AND WE HAVE SOME STAFF MEMBERS WORKING ON, UH, CRUNCHING THOSE NUMBERS, AND I BELIEVE THEY WILL BE COMING BACK TO ON YOUR AUGUST AGENDA TO DELIVER THAT PRESENTATION.

UM, BUT WE DO KNOW THAT BY FAR MOST DEVELOPMENT THAT HAPPENS WITHIN THE DOWNTOWN TENANTS WITHIN THE DOWNTOWN DENSITY BONUS PROGRAM AREA IS UTILIZING THE BONUS.

SO IN THAT WAY, I DO THINK PARTICIPATION IS REALLY HIGH AMONG THIS OR IN THIS BONUS PROGRAM.

AND SO THAT'S ONE WAY THAT WE COULD SAY THIS PROGRAM IS PRETTY SUCCESSFUL AS TO YOUR QUESTION OF WHETHER WE MEAN, UM, ARE WE, ARE WE WORKING TOWARDS FEES? ARE WE WORKING TOWARDS ONSITE AFFORDABLE HOUSING? I DO BELIEVE THE, UM, ORDINANCE LANGUAGE ITSELF IS NEUTRAL ON THE MANNER.

UM, WE HAVE OPTIONS FOR BOTH PROVIDING ON-SITE AFFORDABLE HOUSING, AND WE HAVE THE OPTION TO PAY A FEE IN LIEU, UH, EXCEPT FOR RAINY, OF COURSE WE'RE CAN HYBRID.

AND WHAT WE SEE THE MARKET PROVIDING IS, IS MORE OF THE IN LIEU FEE AND NOT VERY MANY DEVELOPMENTS WHO TAKE ADVANTAGE OF THE BONUS ARE PROVIDING HOUSING ONSITE.

I THINK THERE ARE A COUPLE RECENT EXAMPLES OF PROGRAMS OR OF, UM, DEVELOPMENTS THAT DID PROVIDE AFFORDABLE HOUSING ONSITE.

AND WE COULD, I IMAGINE THOSE NUMBERS WILL COME UP IN THE AUGUST PRESENTATION TO THIS COMMISSION, BUT WE DO SEE THE VAST MAJORITY OF, UM, DEVELOPMENTS THAT TAKE THE BONUS, PAYING AN IN LIEU FEE FOR AFFORDABLE HOUSING.

UM, I, I THINK IT'S, YOU KNOW, STAFF HAS AMBLED MILAN ON THE MATTER WE DON'T HAVE, UH, YOU KNOW, PREFERENCE FOR IN-LAWS OR ON-SITE FEES IF COUNCIL WANTED TO SET FOR DIRECTION.

UM, GENERALLY STAFF ADVISES, WE KEEP BOTH OPTIONS JUST TO ALLOW FOR DEVELOPMENT FLEXIBILITY.

UM, THERE WILL ALWAYS NEED TO BE SOME IN LIEU FEE OPTIONS FOR NON-RESIDENTIAL PROJECTS.

UM, WE THINK UNLESS THERE'S SOME KIND OF, YOU KNOW, DEVELOP IT SOMEWHERE ELSE POLICY, BUT IT CAN GET PRETTY TRICKY THEN AS WELL.

SO I HOPE, I HOPE THAT RESPONDS TO YOUR QUESTION.

UM, YEAH, I, I GUESS ONE MORE UP.

UM, SO YEAH, I, I DO AGREE A LOT OF BUILDINGS ARE PARTICIPATING IN IT, BUT I'M NOT SURE THAT'S THE MEASURE OF SUCCESS.

I THINK, UH, YOU KNOW, ANOTHER EFFECT OF THAT IS THAT IT INCREASES THE COST OF BRINGING HOUSING TO MARKET.

AND IS THAT THE INTENTION OR ARE WE TRYING TO INCREASE OUR MARKET RATE HOUSING BECAUSE THAT'S WHAT'S HAPPENING? UM, SO, YOU KNOW, UH, I'M KIND OF CURIOUS TO SEE WHAT IF THERE IS POSSIBLE TO LOOK AT WHAT THE COST OF ADDING THE DOWNTOWN DENSITY BONUS HAS ON THE OVERALL BUDGET.

CAN YOU TELL, YOU KNOW, UH, MAYBE GETTING A FEW DEVELOPERS WHO PARTICIPATING AND IT'S RELEASED, IS IT ONE OR 2% OF THEIR BUDGET, AND THEN THAT'S JUST AN ADDED COST AND ANOTHER NOOSE ON THEIR NECK TO GO GET THIS PROJECT FINANCE.

SO, YOU KNOW, IS THIS PART OF WHAT'S DRIVING UP OUR RUNS MAYBE A LITTLE BIT.

UM, OKAY.

AND THEN, UH, AND A QUESTION FOR JORGE, UM, WHAT ADDITIONAL COMMUNITY COMMUNITY BENEFITS ARE YOU SEEING THAT DEVELOPERS CAN BRING TO THE TABLE? UM, CAUSE WE'VE GOT GREAT STREETS AND JUST WHAT ELSE CAN DEVELOPERS DO? AND, AND, UM, HOW DO YOU SEE THAT GOING? BECAUSE IT SOUNDED LIKE YOU WERE LEAVING THAT PRETTY OPEN W WELL, THANK YOU COMMISSIONER.

I APPRECIATE THE QUESTION RIGHT NOW.

THE SECTION OF THE CODE 25, 25 86 E AS IN ELEPHANT 12 IS THE OPEN-ENDED COMMUNITY, ADDITIONAL COMMUNITY BENEFITS THAT IS ALLOWED BY THE CODE.

IMPORTANTLY, THE CODE DOES NOT GIVE DIRECTION AS TO WHAT WE CALL THE QUOTE UNQUOTE FORMULA BY WHICH IS CALCULATED THE AMOUNT OF BONUS AREA.

SO IT LEAVES IT UP TO STAFF THAT HAS ONLY BEEN USED ONCE BEFORE, BACK IN 2016 FOR THE PROJECT AT FIFTH AND WEST A POINT TOWER THAT USED THAT PROVISION OF THE DENSITY BONUS PROGRAM AND OFFERED THE COUNCIL.

I BELIEVE IT WAS $350,000 CASH CONTRIBUTION FOR SPECIFIC IMPROVEMENTS ALONG SHOAL CREEK TO STABILIZE FLOODING IN THE AREA.

THE COUNCIL ELECTED TO ACCEPT THAT, UH, AS ADDITIONAL COMMUNITY BENEFITS UNDER THE PROGRAM, BUT THERE WAS NO DIRECTION BY WHICH THAT TURNED INTO A SPECIFIC SQUARE FOOTAGE TO, TO MY KNOWLEDGE, THAT PARTICULAR PROVISION HASN'T BEEN PROVIDED, OR HASN'T BEEN USED LATELY IN ANY OF THE DENSITY BONUS PROJECTS.

HOWEVER, THE COUNCIL MAY ELECT TO CONSIDER OTHER COMMUNITY BENEFITS THAT COULD TACKLE, UH, SPECIFIC, UH, UH, PROGRAMS THAT COULD TARGET THOSE THAT ARE EXPERIENCING

[01:00:01]

HOMELESSNESS, FOR EXAMPLE, OR TO COMBAT CENTRIFICATION AND DISPLACEMENT EFFORTS THAT SEEM TO BE AFFECTING, I DON'T THINK THE DOWNTOWN COMMUNITY, BUT OVERALL AUSTIN.

SO THERE'S THE ABILITY TO INCREASE OR TO ADD SPECIFIC COMMUNITY BENEFITS WITH THE CAVEAT THAT STAFF WOULD RECOMMEND THAT A PATHWAY OR A FORMULA BE ATTACHED TO THAT IN ORDER TO TRANSLATE THAT TO ACTUAL, UH, DEVELOPMENT BONUS AREA, BY WHICH A CERTAIN NUMBER OF SQUARE FEET ARE GRANTED FOR PROVIDING A PARTICULAR COMMUNITY BENEFIT THAT IS LISTED.

SO CURRENTLY 25, 25, 86 E AS IN ELEPHANT, ONE THROUGH 11 AS AN EXTENSIVE LIST OF SPECIFIC COMMUNITY BENEFITS THAT RANGE FROM PROVIDING ONSITE DAYCARE SERVICES, FOR EXAMPLE, OR PRESERVING HISTORIC ELEMENTS OF THE FACADE, OR PROVIDING AN ONSITE PUBLICLY ACCESSIBLE PLAZA, OR JUST SOME EXAMPLES OF SPECIFIC COMMUNITY BENEFITS THAT ARE CONTAINED WITHIN THE CODE TO DATE THAT THE COUNCIL MAY WANT TO CONSIDER SHOOTING ONE, TO AMEND SECTION SIX, TO ADD ADDITIONAL COMMUNITY BENEFITS FOR THAT AREA THAT WE'RE CALLING THE DOUBLE BONUS, ESSENTIALLY, WHAT WOULD BE COVERED UNDER B6 PRESSURE.

COLIN, DID YOU HAVE A QUESTION? THANK YOU.

UH, THANK YOU FOR YOUR PRESENTATION, SAM.

THE QUESTION I HAVE IS THERE SUPPOSED TO BE SOME COMMUNITY OUTREACH AND STAKEHOLDER PARTICIPATION IN THIS, THAT THE INFORMATION WON'T BE DISTRIBUTED BY YOUR GROUP OR THE CITY TILL AUGUST, AND THEY'RE TAKING ACTION ON THIS IN AUGUST.

SO MY QUESTION IS TWOFOLD.

WHY ISN'T AN M WHY IS IT AN EMERGENCY AND WHY, IN MY OPINION, HUMBLE OPINION, ARE WE NOT LEAVING ENOUGH TIME TO REALLY DO STAKEHOLDER PRESENTATIONS? BECAUSE CLEARLY THE DEVELOPMENT COMMUNITY WILL BE HIGHLY IMPACTED BY THIS INCREASE OF FEE FROM ZERO TO $18 PLUS, AND THERE'S BEEN NO DIALOGUE TO THOSE THAT ARE GOING TO BE WRITING THE CHECKS.

SO THAT'S MY FIRST QUESTION.

YEAH, I WOULD, I WOULD FIRST JUST ADDRESS THAT IN THE COUNCIL RESOLUTION BACK FROM APRIL AND SET OUT THE TIMELINE THAT COUNCIL WANTED US TO BRING BACK OUR RECALIBRATED FEES BY, WHICH WAS IN AUGUST.

SO THAT PUT US STAFF ON A PRETTY TIGHT TIMELINE TO DO EVERYTHING THAT WE NEEDED TO DO.

UM, AND SO THAT'S WHY WE'VE STRUGGLED JUST TO, YOU KNOW, ACKNOWLEDGING THAT THIS COMMISSION HAS EVOLVED, THERE'S HAVE BREAKS, UM, THAT HAS IMPACTED OUR ABILITY TO CONDUCT STAKEHOLDER, UM, OUTREACH BEFORE WE SET UP, UH, OR PROVIDE OUR STAFF RECOMMENDATION.

UM, BUT WE HOPE TO BE ABLE TO GET THAT OUT WITH SUFFICIENT TIME FOR, UM, YOU KNOW, RELEVANT STAKEHOLDERS, TO BE ABLE TO DISCUSS THEIR CONCERNS WITH THE CITY COUNCIL AS WELL BEFORE THEY TAKE ACTION ON THOSE ITEMS. UM, BUT, BUT IS IT, IS IT REALISTIC WHEN IT COMES OUT IN AUGUST TO HAVE THE INFORMATION BY AUGUST? I MEAN, WE, WE VERY MUCH HOPE TO HAVE OUR STAFF RECOMMENDATION RELEASED IN LATE JULY, IF NOT VERY EARLY AUGUST.

AND COUNCIL HAS ASKED US TO RETURN TO THEM BY AUGUST 26TH.

UM, THIS ISN'T A LOT OF TIME, BUT IT IS SOME TIME, UM, YEAH, SORRY, THAT'S ONLY OFF ON THAT.

OKAY.

UM, I, I'M NOT TRYING TO PUT YOU ON THE SPOT.

I'M JUST REALLY HOPING THAT THIS TYPE, THIS QUESTION, THIS TYPE OF INFORMATION COULD BE RELAYED TO INDIVIDUALS BECAUSE I SEE A GREAT DEAL OF UNFAIRNESS IN THIS TO OUR, OUR CUSTOMERS.

SO I JUST PUT THAT OUT THERE.

AND THE OTHER QUESTION I HAVE IS HAVE WE LOOKED AT HOW FUNCTIONAL GREEN AND PUBLIC BENEFIT ARE GOING TO WORK TOGETHER ON THIS? SORRY, I HAD IT, IT WAS A BIT OF A BREAKING UP.

COULD YOU REPEAT YOUR QUESTION ONCE MORE QUESTION? YEAH.

HOW, HOW DO THE REQUIREMENTS OF FUNCTIONAL REGIME WORK INTO PUBLIC BENEFIT? WHETHER THERE BE RELATIONSHIP BETWEEN THE FUNCTIONAL BRAIN REQUIREMENTS, GREAT STREET'S REQUIREMENTS CAN PUBLIC BENEFIT PLUS THE ADDITIONAL HOUSING COSTS.

I'M KIND OF HEADED WHERE JIM'S HEADED.

HAVE WE LOOKED AT THE FINANCIAL IMPACT TO WHERE THIS, THIS IS A DISINCENTIVE PROCESS RATHER THAN INCENTIVE PROCESS? I'M A LITTLE CONCERNED THAT WE HAVEN'T LOOKED AT HOW THEY ALL PLAY WELL IN THE SAME SANDBOX.

AND SO YOU'RE REFERRING TO THE PROPOSED FUNCTIONAL GREEN PROGRAM OF THE LAND DEVELOPMENT CODE REVISION.

SO THAT WAS ANALYZED AS PART OF THE INTERIM.

I MEAN, WHAT WE'RE NOW CALLING THE INTERIM FEES.

THOSE WERE THE ORIGINAL LAND DEVELOPMENT CODE REVISION FEES, AND THOSE PROVISIONS WERE CONSIDERED IN, UM, THE CONSTRUCTION COSTS THAT WERE USED AS AN INPUT IN THE CALIBRATION OF THOSE FEES.

UM, I WOULD BE HARD TO,

[01:05:01]

I DON'T HAVE THE NUMBER ON HAND RIGHT NOW TO SPEAK TO WHAT WE WERE ESTIMATING FOR, UM, ADDITIONAL CONSTRUCTION COSTS ASSOCIATED WITH THE FUNCTIONAL GREEN PROGRAM.

UM, BUT GREAT STREETS IS ALSO DEFINITELY, UM, TAKEN INTO CONSIDERATION AS THE OVERALL CONSTRUCTION IN THE OVERALL CONSTRUCTION COSTS OF DOWNTOWN DEVELOPMENT WERE ESSENTIAL GREEN.

THE BE A PUBLIC BENEFIT, I GUESS, IS A BETTER WAY OF ASKING THIS.

IF I MAKE PERMISSION JUST TO JUMP IN IT CURRENTLY IS NOT A SPECIFIC LIST OF COMMUNITY BENEFIT.

HOWEVER, IT DOES NOT PRECLUDE THE COUNCIL FROM CONSIDERATION OF PADDING.

THAT IS A SPECIFIED COMMUNITY BENEFIT.

HOWEVER, I DON'T MEAN TO SPEAK FOR SAM OR HER TEAM.

WE WOULD REQUEST THAT SOME TYPE OF FORMULA BE ACCOMPANIED WITH THAT SPECIFIC COMMUNITY BENEFIT.

SO THAT COULD BE ABLE TO BE TRANSLATED INTO DEVELOPMENT BONUS AREA SO THAT YOU GET A CERTAIN AMOUNT OF BONUS AREA OR SAY EVERY SQUARE FOOT OF FUNCTIONAL GREEN ELEMENTS, WHATEVER THOSE ELEMENTS MAY BE UNDER THE LIST OF COMMUNITY BENEFITS.

SO SOMEHOW BE ABLE TO TIE INTO DEVELOPMENT BONUS FEE THAT HAS A COST ASSOCIATED TO IT WITH THE AMOUNT OF THE PROVISION OF THE AMOUNT OF THE COMMUNITY BENEFIT.

IF THAT MAKES SENSE.

SO I DIDN'T MEAN TO JUMP IN THERE, SAM, BUT I JUST WANTED TO CLARIFY THAT CURRENTLY THERE IS NOT A LISTED COMMUNITY BENEFIT FOR FUNCTIONAL AGREE.

OKAY.

SO THE ANSWER IS, IT WOULDN'T COUNT AS A PUBLIC VINCENT JORGE.

I'M NOT TRYING TO BE DIFFICULT, BUT IT YOU'RE SAYING RIGHT NOW IT'S A REQUIREMENT AND WOULDN'T BE A PUBLIC BENEFIT OVER AND BEYOND A REQUIREMENT.

NOPE, NOPE.

I'M ACTUALLY SAYING IS THAT CURRENTLY THERE IS NOT A LISTED COMMUNITY BENEFITS SPECIFICALLY FOR FUNCTIONAL GREEN, HOWEVER, THAT DOESN'T PRECLUDE FROM IT BECOMING A SPECIFIED COMMUNITY BENEFIT IN THE FUTURE.

OKAY.

BUT THAT GUY, I GO BACK TO MY ORIGINAL CONCERN.

THIS IS A BIG INCREASE FROM ZERO TO $18 A FOOT FOR COMMERCIAL DEVELOPERS.

SO WE ARE, AND I THINK IT'S A GOOD THING.

WE'RE GOING TO HAVE A WHOLE LOT MORE MONEY IN THE CITY'S COFFERS, BUT I THINK IN ALL FAIRNESS TO THOSE THAT ARE BUILDING THESE PRODUCTS FOR THE COMMUNITY, AS ECONOMICALLY AS POSSIBLE THAT WE UNDERSTAND WHAT THE COMMUNITY BENEFITS WILL BE, HOW MUCH THEY'RE GOING TO COST, HOW MUCH THIS IS GOING TO COST, WHERE IT'S GOING AND WHY IS IT AN EMERGENCY? I I'M JUST A LITTLE PERPLEXED AS TO WHY WE'RE PASSING SOMETHING.

CAUSE IT WILL PASS WITHOUT THESE QUESTIONS ANSWERED.

I THINK I'M DONE.

THANK YOU.

I, UM, YEAH.

THANK YOU.

THANK YOU.

UM, FOR THE PRESENTATION.

UM, MY QUESTION, I HAVE ONE, MAYBE TWO, BUT MY FIRST QUESTION IS WHY WERE ONLY TEXAS CITIES LOOKED AT WITH THE BENCHMARKING AND BEST PRACTICES ANALYSIS? CAUSE I DON'T REALLY SEE AUSTIN AS SUPER COMPARABLE TO MANY OTHER TEXAS CITIES, BUT I SEE AUSTIN AS LIKE INCREDIBLY COMPARABLE TO MANY OTHER US CITIES.

SO I WAS JUST CURIOUS WHY WE AREN'T LOOKING ACROSS ACROSS THE U S OR EVEN THE WORLD AT OTHER DENSITY BONUS PROGRAMS. UM, AND MAYBE ANSWER THAT QUESTION FIRST AND THEN I MIGHT ASK THE SECOND ONE.

SURE.

THANK YOU, VICE CHAIR.

AND I APPRECIATE THE QUESTION.

THE REASON WE LOOKED AT TEXAS CITIES IS BECAUSE SOMETHING THAT WAS MENTIONED