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In response to the December 2003 debate over national retail and the ultimate limits approved in single user retail sites in the Barton Springs Zone of the Edwards Aquifer, Austin City Council Member Brewster McCracken formed a task force in February 2004 to develop site and building standards for large-retail developments city-wide. Council Member McCracken called for a higher standard of design and discouraged national retailers from using prototype buildings. The City posted a web site to provide residents with information on this ongoing effort. Council Member McCracken urged his fellow Council Members to draft design standards including green building standards, improving pedestrian spaces, and modified sign requirements to elevate the aesthetic character of buildings in Austin. On February 26, 2004 City Council unanimously approved a resolution directing the City Manager to develop design standards for commercial and retail developments and to identify appropriate corridors for design character focus and potential code amendments. In March 2004, City staff drafted design guidelines, in response to Council's resolution, outlining proposed standards for building materials, site planning, building placement, parking, lighting, along with many other categories. Furthermore, City staff presented examples of best practices of other communities across the country and conducted a survey of Austin residents to solicit their feedback on design preferences. Results of the survey are posted online. Using the feedback from the task force discussions on the staff-designed guidelines, Council Member McCracken presented objectives for the design standards process to be followed in crafting a draft ordinance. In June 2004, Robert Gibbs of Michigan-based Gibbs Planning Group provided additional expertise in drafting guidelines to improve the aesthetics of retail developments in Austin. Gibbs had previously assisted other communities in the United States in the developing and evaluating proposed new design standards. In December 2004, Council Member Brewster McCracken unveiled draft commercial design standards prepared by a task force comprised of members of the Austin Design Commission, Planning Commission, aides from Council Member McCracken's and Mayor Pro Tem Jackie Goodman's offices, and City staff. The draft standards outlined proposed code amendments and a point system to obtain site plan and building permits. These initial code amendments would have applied to all commercial and retail projects, while developers chose from a menu of options to comply with the point system. RECA worked diligently with City and community representatives to incorporate as much flexibility into the taskforce proposal as possible. The Austin City Council voted 7-0 on Thursday, November 17, 2005 to approve revisions to the Commercial Design Standards policy document approved in May 2005. The revisions include the creation of a Vertical Mixed Use (VMU) zoning provision and further clarification of signage requirements. After months of continued stakeholder input, the Austin City Council unanimously passed the Commercial Design Standards Ordinance on first reading on Wednesday, August 9, 2006, with the following amendments:
In addition, procedures to codify the neighborhood opt-in/opt-out process need to be established, sign and landscaping regulations will eventually be added and questions and comments from Council and the taskforce will be addressed before City Council’s 2nd and 3rd readings of the ordinance, which are scheduled for Thursday August 24, 2006. The public hearing will be held open until August 24 to allow for citizens to review the August 4th draft and bring forward possible other concerns for consideration prior to final passage. A brief summary of the August 4, 2006 Commercial Design Standards Draft, which was approved plus the amendments above, is as follows: Article 1: General Provisions
Article 2: Site Development Standards
Article 3: Building Design Standards
Article 4: Mixed Use
On Thursday, August 31, 2006, the Austin City Council approved on 2nd and 3rd readings the Commercial Design Standards as amended. The final approved ordinance is posted below. The effective date of the ordinance is January 13, 2007. City staff is gearing up for implementation of the new ordinance, including: setting up public outreach meetings; staff training; preparing new forms and processes; developing web content and mapping; etc. The Vertical Mixed Use (VMU) opt-in/opt-out process commenced March 5, 2007 when the City sent out a formal notice. Neighborhoods have 90 days to complete their recommendations and deliver them to the City. Following the June 4, 2007 deadline, Council then has 45 days to consider and vote on each neighborhood's recommendations. The opt-in/opt-out process provides individual neighborhoods the ability to make a recommendation on the location of VMU buildings, the availability of relaxed development standards and affordable housing for VMU buildings within their boundaries. The neighborhood recommendation is then communicated to the Planning Commission and City Council for their consideration. The final decision whether to accept, modify or reject neighborhood requests rests with the Council. Resistance to vertical mixed use (VMU) development from a number of East Side neighborhood groups prompted City Council to approve a 45-day extension to the VMU Neighborhood opt-in/opt-out process. Neighborhood concerns over VMU development included lack of affordable units, potential higher property taxes, increase in non-local businesses, and possible clashes with neighborhood culture. The ordinance originally stated that neighborhoods had 90 days, beginning on March 5, 2007 with a subsequent deadline of June 4, 2007, to submit their comments. With the extension, neighborhoods that filed an Opt-In/Opt-Out application on or before June 4, 2007 were allowed to amend their Opt-In/Opt-Out application on or before August 9, 2007. More than 50 neighborhood VMU applications were submitted and Council has approved several overlay plans. Council will continue to consider the neighborhood opt-in/opt-out applications as city staff and neighborhood planning teams complete the review process. ONE-YEAR REVIEW A component of the Commercial Design Standards Ordinance was a one-year review of the ordinance. Former Austin Mayor Pro Tem Brewster McCracken set up stakeholder meetings in April 2008 to participate in the review. The goal of the review was to address concerns raised by staff and stakeholders throughout the first year of the ordinance's implementation and attempt to streamline the code to better match the original intent of the ordinance. The stakeholder meetings temporarily concluded in August 2008 while City Staff drafted amendments to reflect stakeholder feedback. The Commercial Design Standards stakeholder meetings reconvened in October 2008 to review draft amendments to the design standards and mixed-use code for the City of Austin. At a stakeholder meeting on November 7, 2008, the group decided to divide the draft amendment items into two categories: "consensus" items and "non-consensus" items. After nine months of working through a 100 percent consensus-based process, the stakeholder group tasked with reviewing and approving CDS amendments nearly completed its work. At the stakeholder meeting on December 19, 2008, participants were given one last opportunity to weigh in on which issues were consensus versus non-consensus. The consensus items were then rolled into a final CDS amendment document. Consideration of non-consensus items was postponed until after the May 2009 council elections. On Monday, August 3, 2009 at the Comprehensive Plan and Transportation subcommittee of the Austin City Council meeting , City staff indicated their intention to bring back the Commercial Design Standards code amendments in a two-part process. The first part was a code amendment that attempted to capture the "consensus" items from the stakeholder meetings described in the preceding paragraphs. After "consensus" items were approved, City staff plans to draft language to resolve outstanding "non-consensus" items. RECA assembled a document that outlines consensus and non-consensus items and offers practical solutions to non-consensus items. On October 16, 2009, City staff released a CDS draft amendment (changes shown in red) that attempted to include all the consensus items from the stakeholder group. CDS stakeholders reviewed the draft amendment on Wednesday, October 28, 2009 and provided feedback on the consensus items and moved some items to the non-consensus category. On Monday, December 14, 2009, City of Austin staff released a final CDS draft code amendment for the Commercial Design Standards and a summary of code amendments to stakeholders. The draft code amendment includes only consensus items, which are now referred to as Phase I items. (Phase II items are non-consensus items.) The Planning Commission Codes and Ordinances committee approved the CDS draft code amendment at its meeting on Tuesday, January 19, 2010 with the exception of one item, related to auto-oriented uses. On Tuesday, March 9, 2010, the City of Austin Planning Commission approved the CDS draft code amendment with the one exception from Codes and Ordinance. Planning Commission also added an amendment to exempt certain civic uses that include a supportive housing component after hearing public testimony from an affordable housing advocate. On Thursday, April 8, 2010, the Austin City Council unanimously approved the draft amendment to the Commercial Design Standards (CDS) ordinance with the Planning Commission modifications. Council Members approved the CDS draft amendment after a staff briefing and a public hearing on the items. This Council action means the work on Phase I consensus items is complete. After passage of Phase I consensus amendments to the Commercial Design Standards, City staff began work on the following Phase II non-consensus items: applicability, large site provisions, lighting, glazing, and neighborhood side standards. Staff is working on language for the Phase II amendments that will be reviewed internally, and then with stakeholders, the Planning Commission, and City Council. Staff originally planned on having Phase II amendments back to stakeholders in October 2010, but they did not meet that deadline. As of March 2011, staff had not produced recommendations regarding any of the Phase II items. There is no current timeline for when that language will be prepared. Since February 2011, RECA has been working with the AIA Government Affairs committee on these Phase II amendments, submitting recommendations via a January 2012 letter to George Adams, the City of Austin staff member who has been working on the ordinance.
DRAFT Consensus Items Amendment - one-year review (December 14, 2009) Commercial Design Standards - Subchapter E (ADOPTED August 31, 2006) RECA Resolution in Support of Commercial Design Standards RECA's comments on the August 4th Draft RECA Workgroup Comments to Draft Code Clarion Associates Memo to Council Member McCracken Draft Commercial Design Standards and Mixed-Use Subchapter (May 22, 2006) Draft Landscape and Signage Ordinance Amendment for the Land Development Code (April 21, 2006) Vertical Mixed Use Interim Ordinance (March 2, 2006) Clarion Associates: Diagnosis and Proposed Outline Of City-Wide Design Standards (February 13, 2006) November 2005 Recommended Amendments (November 17, 2005) Development Orientation and Building Design Sections (May 10, 2005) CURRENT DRAFT Commercial Design Guidelines Proposal (April 25, 2005) Resolution adopted by City Council on February 26, 2004 [Adobe Acrobat File: 26 KB] Commercial Design Standards Survey Results web site: www.ci.austin.tx.us/planning/cd_results.cfm Feedback on Design Standards compiled by Council Member Brewster McCracken [Microsoft Word file: 38 KB] Commerical Design Objectives presented on May 20, 2004 [Microsoft Word file: 28 KB] Draft Point System presented at November 29, 2004 Task Force meeting [Microsoft Word file: 1.4 MB]
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