Public Hearing ^M^ AGENDA ITEM NO.: 29CITY OF AUSTIN AGENDA DATE: Thu 02/05/2004RECOMMENDATION FOR COUNCIL ACTION PAGE: 1 of 1

SUBJECT: Conduct a public hearing and approve an ordinance amending Chapter 25-10 of the CityCode relating to nonconforming sign technology and sign area.

AMOUNT & SOURCE OF FUNDING: N/A

FISCAL NOTE; There is no unanticipated fiscal impact. A fiscal note is not required.

REQUESTING Watershed Protection and DIRECTOR'SDEPARTMENT: Development Review AUTHORIZATION: Joe Pantalion

FOR MORE INFORMATION CONTACT: Donna Cerkan - 974-3345, Martha Vincent, 974-3371

PRIOR COUNCIL ACTION; N/A

BOARD AND COMMISSION ACTION: Recommended by the Codes and Ordinances Committee ofthe Planning Commission, and the Planning Commission.

PURCHASING: N/A

MBE/WBE:N/A

The changes proposed to Chapter 25-10 of the Land Development Code would prohibit changing themethod or technology used to convey the message on a billboard. The changes would also include a signapron or similar feature and an area displaying the sign company name or symbol to the total sign area(for calculation purposes).

The purpose of this proposed amendment is to clearly prohibit electronically controlled multi-messagebillboards as well as any future technological advancements, such as video billboards. Four existing tri-message billboards as well as the existing mechanical "Texas Lotto" billboards will be grandfathered.

The proposed amendment to sign area is a result of billboard replacements that occurred under the 2001ordinance requiring a 25% reduction in total sign area. The apron at the bottom portion of the facestructure creates a larger sign than what was intended by the reduction regulations. The purpose of thisproposed amendment is to clearly include all of the face structure in the sign area calculations, and createactual reductions in the structure size as well as advertising size of signs. Additionally, the spacecommonly used for the billboard company name will also be included in the sign area. This amendmentis intended to clarify and enforce the objectives of previous sign ordinance amendments, especially thoseconcerning billboard replacements.

RCA Serial#: 4070 Date: 02/05/04 Original: Yes Published: Fri 01/30/2004

Disposition: Adjusted version published:

ORDINANCE AMENDMENT REVIEW SHEET

Amendment Case #: C20-D3-C18

Planning Commission Date: Decembe- 9. 2003

Codes and Ordinances Committee Date: November 4, 2003

Codes and Ordinances Committee Action: Recommended

Planning Commission Action: Recommended

Sponsoring Department: Watershed Protection and Development Review Department

Purpose/Background:

Ciiy Counc i l ha; directed ihe \Vatershed Protection and Development Kevie\v I V'larjr.em LL> amendChapter 25-10 ol the 1 and Development Code lo regula te e i e e l r o m e t i l l y eoni ro l led mL'ssaLjes tinbil lboards and to more s t r i c t l y rcgukitc sign urea ca l cu la t ions .

Recommendation:

Technology

There are -4 "Iri-mcssajic" bi l lboards in Aust in . Staff interpretat ion of l l i e code has been lhal t h i sincreases tbe nonconformi ty and ekmrjes the construction design. \ vh id i is p r o h i b i t e d (25-10-1 52 I.1 lie purpose o t" th ;> proposed amendment is KI clearSy prohib i t e lec t ro tnea lK ' controlled multi-mcsiajrebi l lboards as ^cl'. a> uny ad\-a:iecc or liiture technological chanuci . sucri as Mdco bil'.boardi.I lie-1 e.Mslii iL1 i r i - ines r -aue bi l lboard^ ;is \vcll a^ the ? or 4 c x i ^ t i n i ; "K'\n> I . o t U i " b i l lboards v» ill be"rand lathered.

Si<ji i Area

This a inendine i i i i n i t i i i t i v c hy ( ' i l y ( " o u t ^ c i l i s a r e su l t n l bh lboard rcjilacecictr.< -.ix'ti ; i^ the h i l l b i i ; u \ ! a lHHf ' J '/j \V. Ci11'1 St. 'I his b i l lboard \vas replaced under the 2001 ordinance requiring a 25''i, reduci ion intotal si an arc;i. Ihc s ign area reduction enabled tbe bi l lboard ILICC struct Lire above the pole to beconstructed ;i! about ihc same s;/e as il had been. A l t h o u g h the a i K ' e n i s i t i L ; area \KLS reduced, the "a-jn.ni'al the bot tom porliou o l ' t b e l ace s i r . ie l i i i ' e e r eL i tOs a Ca ree r a]->iic: tr^: icc t S - a n \vh:i t \<, ; is in ' .endcd bv ;hereduction rci;ula:io:is.

The purpose of this proposed amendment is lo clearly inc lude all of the ilice sl.ruelure in ihe sign areacalculat ions, and create actual reductions in the siruciurc size as \vell as advertising size of signs.A d t l i i i o n a l l v . the space commonly used for the bil lboard company name u i l l also be inchided in 'he ^i^narc,!. I his \\ ill he lp clan Iy ;-m~l en loi'cc the obieciu e> ol' p;"e\ 'ious s i n n oi\i:n;me:c u:e.spcc;ah>- those conccminj; b i l l boa rd replacements.

City Staff: Dontu Cerkan974-;i.U5O o n n a . C ' e i ' k a n u c i . ; i u s ; : r . . T X . I I - ^

Page 1 of 1

MEETING SUMMARY(Draft- Pending PC" A p p r u \ a 1 l

C \ T Y V [. A N IN ] \ G C! O VI M I S S I O NDecember 9. 2003One I cvas Center

?05 Bur ton Springs RoadConference Room 325

CALL TO ORDHR 6:00 P.M. COMMENCED 6:1 0PM, ADJOURNED AROUND 9PM.___ Maggie Armstrong, Secretary

Michael Casias _ _Chris Kiley. Vice ChairCynthia Medlm. Assi. Secretary Xiyan ta Spelman

_ Matthew Moore _ _ Dave Sul l ivan . Parl iamentarianO N I T A V ] . ] . d i a O n i / , Chair

A. REGULAR AGENDA

EXECUTIVE SESSION (No pub l i c discussion)The P l n n n m g Commiss ion w i l l announce i l \ \ i l l go in to l i . \ eeu i i \ e Session. i f s iceeSbiirx, pu i ' suan tto Cliaptcr 55] of the Texas Government ("ode. to receive advice from Legal Counsel on mattersspecifically listed on this agenda. The P l a n n i n g Commission may albO announce it w i l l iio intoB?t ecu live Session, if necessary, lo receive advice from Legal Counsel regardiny any other itemon th i s agenda.

Private Consultat ion with Attorney Section 551.071

Cl I I7F.\COMMI MCATTOV

1. The first four (4) speakers signed up to speak w i l l each he allowed a throe-mini r rca l lo tment lo address t h e i r concerns reaardiny i tems not posted on the agenda,

One speaker.

Pearline Bell, resident of 2301 Can er St. complained about the music; and the people comingin to her yard, as wel l as t raf f ic and p r o s t i t u t i o n , and slie is requesting that somebody dosomething about her area, and the number of bars in the area,

APPROVAL OF MINUTES

2. Appixu al of m i n u t e s from November 25, 2003.MOTION; IPt>KO\ /, fi Y CO\SE.\Tftt ITH REQUESTS TO KDIT MLN'L'TES)

OTE: 7-0 (DS- T -2; LO-O.\ LL.l \

DISCUSSION AND ACTION

ior : Kalk1 l .arscn. ^T.'i^ii'L( 11 . i i u s l i n . t x .u s

P L A N N I N G COMMISSION Decemlx-r ' ) . JUUJ

3. (ode C2O-03-018 - Amendments to C:hapfcr 25-10 of the LandAmendment: Development Code relat ing to electronically-controlled billboards

and sign area calculat ionsStaff: Donna Ccrkan. l)74-^345. donna cc-t^air'tv c i . aus tm. t .xus

Watershed Protect ion and Development Review

\W'nO.\: APPRO} L BY CO.\SE.\TVOTE: 7-0 (DS-1ST, XS^1*; LO-OX LEA \ 'E)

4. Code C2O-03-020 - Amendmonts to [ . and Development (Ode re la t ing toAmendment: pedestr ian-or iented uses and KC^Y \aca t iu i i s .

Su'iiV: Katie [ .arson. L J 7 4 - f > 4 1 3 . k a t i e . l a r s e n >.; c i . a i i s t i n . 1 x . u sTransportation, P lanning i; S u s l a i i i a h i l i t y Department

PULLED. NO ACTION TAKE.\.

5. Zoning: C14-03-0049 - Mouse of TutorsLocat ion: 240" Pearl Street . Shoal (. 'reck Watershed. Cent ra l A u s t i n NPAOwner Applicant: House ofTulori; Inc . ( H i i a b L i i n Malik IAgctit : J i n i n i y H o l l a n dRequest: GO-MU to CS-MU and M I ' - f jStaiTRcc:.: Alternate Recommendation of CS-MU-CO and MF-6-COStaff: Glenn Rhoades. 974-2775, glenn.i 'hoadesf^ c i . aus t in . tx . t i s

\oigliboriiood P l a n n i n g and Xoning

DISCI SSION

A 1 75 height l i m i t is proposed for the area and Commissioner S u l l i v a n expressed his surprise thatthe height l imi t proposed is higher than t h a t permitted lor DM I'.

Commissioner Moore as^cd for c lar i f ica t ion as to whether re ta i l is p lanned and if i i \ \ i l l her e i j t i i r e d . Mr. Rhoades s ; i id not iVL|uired under the eondi i ions o l ' l l i e zoning, j t i s i [lemiiltal.

Commissioner Spclmnn expressed her concern about 1'uture rcLtues l s to i i iL-reasu the CS height , aswas done for the case to the south. Mr. Rhoadcs expla ined thai a request w i l l he much morec l i r i l c t i l l because il w i l l require a neighborhood plan amcndntenl , which o n l y occurs once a year,

P L ' H I . 1 C H H A R I N GJ immy Holland, archi tect for the appl icant , said the appl icant i n t ends to keep the House ofTutors and lo increase m u l t i - f a m i l y on the s i t u . He noted that a market s tudy was done and it saidthere is very l i l l l e demand lor commercial in the- area. 1 le said the applicant has included allneighhorhood conditions into t h e i r development plans, i n c l u d i n g driveway and trees. He said theneighborhood expressed the concern about the t u n n e l i n g affect of tail b u i l d ings along 24 ' ' Street,and so they agreed to a setback oT the bu i ld ing . I le explained tha i i l ie f i r s t two lloors \ v i l l lie then tnce , about I D.OiKlsf t o t a l ( ? . ( H ) l t s f e a c h ) . Parking is undernea th , and then there arc four lloorsof m u l t i - f a m i l y above the office.

Tac i l iu i to r : K a l i L - l - a r s e o 974-()413 Page 2 nf 12kntic- .kirsL' i i 'V/ d.iuislin.tx.us

PLANNING COMMISSION December 4t 2003

Commissioner Spelman and Rilcy asked about (he planned uses, the location of the garage.Commissioner Rilcy asked if there was consideration of continuing retail along the parkinggarage along Pearl Street. Mr, Holland explained thai due to the skinny site, it would be difficult.

Commissioner Sullivan asked about the impervious cover limit planned for the site. Mr. Hollandsaid that the b u i l d i n g coverage is SO/'o.

FOR

Hussein Malik, owner of the learning center since I9S2. said he intends to keep the business, andvery keen to creating quality development. He said lhc.it they will exceed the landscapingrequirement.

Mike Mcllonc, representing the University Area Partners, helped Mr. Malik get the property inI L)<S2. I his is the first true MF-6. The MF-4 7oning blanket ing the area does nut permit thedensity desired. A restrictive covenant will be filed with the conditions agreed to, that w i l l applyto this properly. To bring the students baek to the university, development needs to go vertical.An overlay is planned for the area to allow for higher vertical development.

Commissioner Sullivan asked about the plans for parking, including leasing. He said he thoughtthe location of the garage would be Loo far from the university to lease to students. MikeMcIIone explained that there is excess parking for projects buill to the code in the 1 980s.

Mr. MelJone said that the restrictive covenant wi l l be between the owner and University AreaPartners.

Commissioner Casias asked if il would also be appropriate to have a pedestrian cafe along PearlStreet. Mr. Mci lone said that there are residential sorority uses, and have to be careful lo extendthe retail. Tie said that they look at each street to look at appropriateness at becoming a mixed-use commercial corridor.

MOTION: Close public hearing.VOTE: 7-0 (NS-la, DS-2nit; LO- on leave)

MOTION: Approve staff recommendation with adflitwnal conditions:• Impervious cover limit of 80%• 15 foot front yard setback• Height limit of 40 feet for the firsf 75 feet north of 24th Street.

VOTE: (7-0; DS-i", MC-2m!; LO- on leave)

DISCUSSION OF MOTIONCommissioner Casias noted that if they did not have the information about the neighborhoodplan, that the request would appear to be inconsistent, lie said he does not know if thatinformation is lo be considered, but he said it opens up (he other property owners for asking forthe increased heitiht,

l-'acilitafor: Katie Larsen 974-6-413 Pa j

PLANNING COMMISSION December 9,20U3

Commissioner Armstrong asked why OS is requested instead of keeping (he GO zoning district.Mr. Rhoades said the CS would permit more retail uses. Mr. Holland said that the OS permits theretail uses. Commissioner Armstrong said it seems (iR would work, instead oi'lhe more intenseGR /oning.

Commissioner Sull ivan said that there is CS and MF-4 along the corridor. CommissionerArmstrong said that CS is not supposed to he compatible with residential, so the request is weird.

Mr. Malik added that the existing /oning is a mixed-use 7onmg. The property is already beingused as mult i - family and commercial.

6. Zoning; CM4-03-0144 - 37lh Street HousesLocation: 609 West 57th Street. Waller Creek Watershed. Central Austin NPAOwner/Applicant: Lee Properties (Robert Lee)Agent: Lopez-Phelps and Associates (Amelia Phelps)Request: f O to SF-4AStaff Rce.: RecommendedStall': Glenn Rhoades, 974-2775, glcnn.rhoadesjfj'ici.mistirUx.us

Neighborhood PI arming and Zoning Department

Glenn Rhoadcs presented the stall"recommendation.

PUBLIC 1 S H A R I N G

Amelia Lopez-Phelps, agent representing Robert Lee, said the property owner was aware of theI..(.) /oning, and proceeded to close on the property after Ms. Phelps contacted the neighborhoodto know if the neighborhood would support the rcxoning to SL-4A. The neighborhood wassupportive, however at the first scheduled public hearing, the applicant requested a postponementbecause a neighbor objected to the rezoning. She and the applicant met with the neighbor aridagreed lo some conditions, such as nu windows except for bathrooms, facing her house.

Commissioner Spelman asked if it is common in the neighborhood to have the garage in the front.Ms. Phelps explained thai there is a combination of duplexes, single-farm.!.)' uses on larger lotsthat do have garages in the hack. Commissioner Spclman said that the proposed house is verysuburban. Commissioner Medlin asked about the square footage of the houses. Ms. Phelpsresponded that the total is about 26(JIM. including garage.

Laurie Limbacher responded to the comment about the garage lacing the street at the iron! ofthe house. Ms. Limbacher stud that they raised the concern too, and they suggested that the frontporch be pulled forward ahead of the garage and to have the garage painted it color similar to thestone.

AGAINST

Ron Thrower, representing the owner of the M.h-3 property to the west, said the client isopposed to the proposed rezoning. Mr.Thrower said that SF-4A is not appropriate across thestreet from LO and GO.

Facilitator Katie I.arsL-n 974-64 I 3 PaiK 4 of 12

PLANNING COMMiSSiON December V, ?(J03

Commissioner Spelman asked what is between the MT-.1 property and the subject property, andMr. Thrower responded (hat the properly has a single-family house.

MOTION: Ctose the public hearing,VOTE: 7-0 (NS-1*, DS-2'"S; LO- on leave)

MOTION: Approve staff recommendation.VOTE: 7-ft (AS-/* A;V-2'"'.- LO- on leave)

Commissioner Sullivan said SK-4A provides affordable housing on a smaller lot.

Commissioner Spelman said that the /oning is appropriate for (he area.

1. Zoning: C'14H-0:MM»21- Eckhardt-Potts HouseLocation: 209 Hast 34th Street, Waller Creek Watershed, Central Austin NPAOwner/Applicant: David C. and Heidi M CookRequest: Sh-3 to SF-3-HStall Rec.: RecommendedStaff: Steve Sadowsky. 974-6454. sleve.sadovvskyfajei.ciuslin.lx.us

Transportation, Planning & Sustahiahility Department

MOTION: APPROVK KK CONSENIVOTE: 7-0 (DS-1ST, NS-2?°; LO-ON LEA YE)

N. Plan Amendment: Hrackcnrid^c Urban Renewal Han AmendmentOwner/'Applicant: Urban Renewal Agency of the City of AustinAgent: 505 Barton Springs Rd «60(X Austin. Tx 78704Request: Consider and make a reeommendaliun lo Council on an amendment to

the Bracken ridge Urban Renewal Plan.Staff: Sandra Ilarkins. 974-3128, sandra.harkins(«>u.aListin.lx.us

Neighborhood Housing and Community Development

Commissioner Casias rccused himself from items 8, 1 I and 12.

Commissioner Riley asked why this ease was going lo (he Planning Commission instead of theZoning and Platting Commission. Greg Smith, with NHCTX said that the plan amendment isgoing to the P lanning Commission per stale law.

Commissioner Riley said he noted for Ihe reeord thai the ehange is from B-1 lo P-2. This is astate project thai is generally not suhjeet to local ordinances. Greg Smith responded that stateprojects are required to fol low the urban renewal plan. Commissioner Riley said thai Ihe requestis to ehange the land use to allow for another ground-level parking garage. The northeastquadrant of downtown has been decimated because of the numerous ground-level parkinggarages.

MOTION: Approve staff recommendation,

l - 'act l i t f i tor : Kat ie Larsen 974-6-4 13 Page 5 of 12k: : : • : . ' . i . T W j i - r . ' V i . , ! , ; s ! i ; . i \ . ! ^

PLANNING COMMiSSIOX December 9, 200.3

VOTE: 7-0 (TVS'-/1', DS-2"'1; LO- on leave)

9. Neighborhood M1*A-03-0014,03 - Colorado Crossing -Southeast NeighborhoodPlan Amendment: Plan Amendment

Location: 6KOO Burleson Koad. Carson Creek / Onion Creek Watershed,SoulheastNPA

Owner/Applicant: Missile Partners Associates. L.I'. (Stephen L, Millham) and BergslromPartners. L.P. (Stephen L. Millham and Gregory '\\ Weaver)

Agent: Drenner Stuart Wolff Mctealie von Kreisler, LLP. (MicheleI laussmann)

Request: Amend the future laud use map designation lor Ibis properly fromIndustrial to Major Planned Development

Staff Rec.: RecommendedStaff: Sony a Lopez. 974-7694. sonya.lope/.y/;eLaustin.tx.us

Keiglihorhood Planning and Zoning Department

MOTION: POSTPONE TO JANUA K Y 13, 2004 (A PPUCAiYrs MRST REQUEST)VOTE: 7-0 (MA-/sr, NS-2™; LO-O<\ LEA VE)

10. Rczoning: C'l 4-03-0116 - Colorado CrossingLocation: 6800 Burleson Road, Carson Creek / Onion Creek Watershed.

Sout!least NPAOwner/Applicant: Missile Partners Associates, L.P. (Stephen L. Mi l lham) and Benastrom

Partners, L.P, (Stephen L. Miilham arid Gregory T. Weaver)Agent: Drenner Stuart Wolff Metcalfe von Krcisler. LLP. (Michele

Haussmann)Request: LI-CO-NP: RR-CO-NP to LI-PDA-NPStall" Rec.: KecnmmcnticiJStaff: Wendy Walsh, 974-7719, vvendy.vvalHh-:a:.ci.austin.tx.us

Neighborhood Planning and /oning Department

MOTION: POSTPONE TO JANUARY 13, 20H4 (APPLICANT'S FIRST REQUEST)VOTE: 7-0 (MA-fl, >\'S-2*D; LO-O.M LEA VE)

f 1. Neighborhood M'A-IB-OOUWD - Central East Austin ^cighhorliood PlanPlan Amendment: Amendment

Owner/Applicant: Central Last Austin Neighborhood Planning Contact Team (OCiiAN)Request: Conduct a public hearing and consider an amendment to the Central

East. Austin Neighborhood Plan, par toi ' the Austin TomorrowComprehensive Plan, to create subdistriets for the infil l special useoptions.

Staff Rec.: RECOMMENDEDStaff: Lisa Koeieh. 974-3509. l isa.kocich'^ici .austin.lx.uy

Neighborhood Planning and Zoning Department

Lisa Koeieh presented the staff recommendation for the neighborhood plan amendment and therezoning to create subdistriets.

Fucilitatur: Kalii: I .arsen 97-4-64 13 Pa.<;e6of l2

PLANNING COMMISSION n«x:mbLT 9 2003

Commissioner Armstrong said that the neighborhood had been in a position of taking all ornothing at the time of the first neighborhood plan rezonings. The Blackshear neighborhood looka leap oi" faith that if subdi strict s were approved tha t an amendment would bf requested to removethose neighborhoods.

Rudolph Williams, who h t i i l t a house ai 2905 Hast 9th Street, said Lha th t : would l ike to seethewisiies ol the residents, and to accept that the residents have made an informed decision on howthe neighborhood will develop. He said they realize that redevelopment is inevitable but won idl i k e to maintain the integrity of the neighborhood.

Commissioner Sullivan asked Mr. Williams why he i.s opposed !o secondary apartments, Mr.Willl iams responded that there are concerns about increased tax rates and increased density.

Linda Johnston, co-chair of the neighborhood planning team, and vice president of OCT.AN,explained that the area has very narrow streets and has a preponderance of smal l Jots and that isthe reason for limiting the density, 'i o keep the density at bay in that area, the neighborhoodwants to cl iminalc secondary apartments and urban home. To make-up for the l i m i i c d density,(he neighborhood would allow increased densi ty along corridors such as Last 12'11 Street.

Willie Lewis said that the developers arc paying exorbitant amounts tor the properties. Becauseof that, his property was valued higher the next lax year.

Commissioner Sullivan asked Mr, Lewis if there are new houses without garage apartments thaialso resulted in higher values, Mr. Lewis did not have the information to answer.

Commissioner Moore asked, about the rent in ihe area for a secondary apartment. Mr. Lewis saidthat rent is between $550 and $800 a month.

INell Peterson, resident of the Rlackshear neighborhood since 1^56, said that the homes werepurchased by resident's parents and grandparents. She said that not a lot. of money is made withrent or selling in the area. With the urban homes' and garage apartments, that would change thecharacter. There arc many trees in the area. The new homes are beautiful homes, bun heproperty values, taxes and cost of l iv ing increase. She would like to continue to live there. Shewould l ike to ma in l a in the character.

Ora Nobles, resident of 2008 l-Aist 11"1 Streel, said thai she grew up in the neighborhood andmoved hack, and would like to preserve the neighborhood.

FOR. BIT DID NOT SPHAKPearline BellVera Mae l .anadaiidgar NorrisCaroleen CastilloBobbie MeddelsAnna RichardsonTarn Peterson-MeCiarity

l- 'acilitator: Katie Larsm 974-6413 P a j i c V o f l S

PI..A.NNINU COMMISSION December 9. 200:5

Willie BedfordBriana Mi HaniMaria Ana Guevara

AGAINSTNone

RKHLTTALNo rebuttal.

MOTION: Close public hearing.VOTE: fi-0 (TVS-/1*, MA-2"d; LO- on leave, MC-ahstained)

MOTION: Approve staff recommendation for neighborhood plan amendment.VOTE: 6-0 (MA-Ist, KS-2'"'; LO- on leave, MC-abstained)

12. liezuning: C 1 4-413-4)1 75 - Central ttasf Austin Neighborhood IMan amendment

Owner/Applicant: Central Hast Austin Neighborhood P lann ing Contact Team (OCiIAN)Request: ( Tcavc subdistriets fur Secondary Apartments and i Than i Ionic Lriiill

special use options,S Laff Rec. : RECOMM ENDEDStaff; Lisa Kocich, 974-3509, lisa.kocich:g:ci.austin.L\.us

Annick Reaudet. 'J74-2975. anniek.beaudelNeighborhood Planning and Zoning Department

PU B LIC HEARINGSee (tern I 1. Items 1 1 and 12 heard together.

MOTION: Approve stajf recommendation for rezoning.VOTE: 4-2 (MA-f\ NS-2"a; MM, DS-oppvseA, MC-abstained)MOTION FAILED DUE TO LACK OF QUORUM VOTE.

Commissioner Sull ivan explained that bis concern was; that (here is a lack of data associated withthis neighborhood plan amendment, lie said he wants to know if the prupertv values areincreasing beeause of the new construction or because of ihe secondary apartments. He said liewould find the information tu present to Council,

Commissioner Mcdlin said she is in agreement with Commissioner Sullivan. She does not sec acorrelaiion between property values and secondary apartments. She is supporting the motionbecause the neighborhood was promised the change. She wants to applnud residents ofsubdistriet 1 to accept the i n f i l l options thai other neighborhoods have not.

Facilitator: Kalic l.tirscn 974-64 !:> Paize8ot"12

PLANNING COMMJSSiON December 9. 2003

Commissioner Moore said he would not support die motion beetiuse there l.s a need to increasedensity in the City, lie would not he fol lowing his hclicfs and the results of the Knvision CentralTexas surveys to vote to restrict density.

Commissioner Rilev said that he \\ill support the motion based on the input from the residents.

Commissioner Sullivan attempted to make second motion.

MOTION: Approve recommendation regarding removal of Urban Homes front subdistrict 2.VOTE: AS-/*', no second. MOTION FAILED DUE TO LACK OF SECOND.

Responding to Commissioner Armstrong's statement that the neighborhood was promisedsubdistriets. Commissioner Sul l ivan said fur the record lie never made a promise tu UK-neighborhood to create a subdistrict.

13. Neighborhood 1SPA-()3~0005.02 - 805 K. Montopolia Neighborhood PlanPlan Amendment: Amendment

Location: 805 I1,. M on to polls Dr., Country Club Creek Watershed. MontopolisNPA

Owner/Applicant: Farshtul RaissedonnaAgent: N/ARequest: Amend the future land use map designation for this property from

single family res ident ia l lo mixed useStaff Ree.: RecommendedStaff: Sonya I.ope?:, 974-7694, sonya.lope7:if/;c!.a.iistin.tx.us

Neighborhood Planning and Zoniny, Department

MOTION: APPROVE KYCONSENTVOTE: 7-0 (DS-fr, NS~2™; LO-ON LEA VE)

14. Re/.uning: C14-03-0117 - 805 E. Vlontopolis Neighborhood Plan AmendmentRe/oning

Location: 805 E. Morilopulis Dr., Country Club Creek Watershed, MontupolibNPA

Ou'ncr/Applieant: Farshad RaissedonnaAgent: N/AK equest: S \; - o - N P I o OK- M1. i - N PStafl'Rcc.: RecommendedStaff: Ann iek Hcaudet, 974-2975, annick.heaudct

Neighborhood Planning & Zoning Depitrtmenl

MO TION: A PPRO VE B Y CONSENTVOTE: 7-0 (DS-f'\ i\'S-2™; LO-ON LEA VE)

h'acilitator Katie Larsen 974-6413 PagL- 9 of 12

PLANN IN(i COMMISSION Dumber 9, 2003

15. Preliminary Plan: C'8-03-0165 - Mueller Section 1 Preliminary PlanLocation: IIT-.1S at 5 I st St.. Boggy Creek/ Tannchill Branch Watershed, Mueller

Airport Planning Areas NPAOwner/Applicant: City of Austin (Pam Hefner)Agent: Bury & Partners, [nc, (Sydney S. Xinos, P.K)lie-quest: Approval of the Mueller Section 1 Prel iminary Plan composed of 4 lots

on 142,4 acres. VARIANCE : From Section 25-4-1 71 (A) for privatestreets: WITHDRAWN BY APPLICANT

Staff Rec,: RecommendedStaff: Don. Ferryman, 974-2786, don.peiTyman^/xi.austi.n.ix.us

Watershed Protection and Development Review

MOTION: APPROVE BY CONSENTVOTE: 7-0 (DS-1ST, i\S-2*D; LO-ON LEA VE}

16. Kiniil Plat: C8-03-0 \ 65.1 A - Mueller Section 1, Phase A SubdivisionLocation: T1T-35 at 51st St., Boggy Creek/ Tannehill Branch Watershed, Mueller

Airport Planning Areas NPAOwner/Applicant: City of Austin (Pam I Icfner)Agent: Bury & Partners, Inc. ('Sydney S. Xinos, P.F.)Request: Approval of the Mueller Section 1 Phase A Subdivision composed of /5

lots on 79,1 acres.Skiff Rec,: recommendedStaff: Don Pcrrymari. 974-2786. don.perrymanMci.austin.tx.us

Watershed Protection and Development Review

MOTION: APPROVE BY CONSENTVOTE: 7-0 (DS-I ,̂ ,YS-2v/); LO-ON LEA VE)

1.7. Resubdivision: CS-n3-fH87.0A - Mnnroc Heights Subdivision, Lot 3, Block 23;Resubdivision

Location: 1505 Bouldin Ave., F.ast Bonldin / West Jkuildin Watershed, BouldinNPA

Owncr/Applicani: Mayhen LLC. (Mark Hendrix)Agent: Vincent (jcrard & As sue. (David Iloli)Reqtiest: Approval of the Monroe Heights Subdivision, I ,ol 3, Block 2;

Resubdivision composed of 2. lots on .1 786 aercs,Staff" Kec.: DisapprovalStaff: Sylvia Limon. 974-27()7. sylvia.!i]non(cXxi,ausiiii.iX.us

Watershed Prolcciion arid Development Review

MO TION: 1)ISA PPRO VE K Y CONSENTVOTE: 7-0 (DS-1ST, NS-2*a; LO-ON l.EA VE)

Facilitator: Katie l.arscn Q74-6413 Page 10 of 12

PLANNING COMMISSION December 9, 2003

18. Amended Flat: C8-03-01NS.OA - The Highlands Amended IMat of Luis 29-32, Block25

Location: Kast 53rd St. and Evans Ave., Waller Creek / Tarmchill Watershed.North Loop NPA

Owner/Applicant: KRDB ((Chr i s topher RobertsAgent: KRDB (Christopher RobertsRequest: Approval of the Highlands LOT 2^-32. Block 25; Amended Plat

composed of 2 lots on .286 acres.SlLiL'LRcc.: DisapprovalStaff : David VViihlgren, 974-6544, david.wah]gren;«:-;ci.austin.tx.us

Watershed Protection and Development Review

MOTION: D/SA PPROVE B Y CONSENTVOTE: 7-0 (DS-ls'ft i\S-2*D; LO-ON LEA VE)

!'). Preliminary: C8-03-0189 - Former Lockheed Tract PreliminaryLocation: 6800 Burleson Road, Carson Creek / Onion Creek Watershed.

Southeast: NT'AOwner/Applicant: Missile Partners Assoc. / Rurleson Rnad f n v . / SV1 Hrcl l 11 ( A l a n

f Jay wood)Agent: Bury & Partners, Inc. (Brad Lirsgvai)Request; Approval of the former Lockheed '1 raet Preliminary composed of 63

lots on 627.94 acres.Staff Ree.: DisapprovalStall: Don Perrvman, 974-2786, don.peiTymanVrci.austin.tx.us

Watershed Protection and Development Review

MOTION; DISAPPROVE BY CONSENTVOTE: 7-0 (DS-1ST, A;V-2Vj!J; LO-ON LKA VE)

20. Subdivision Final: f 8-03-01S9.1 A - Lockheed Martin Subdivision Lul 5, Phase One;Kesubdivision

Location: Burleson Rd. at VlcKitincy Falls Parkway, (/arson Creek / OnionCreek Watershed, SuulheasLNPA

Owner/Applicant: Missile Partners Associates. LP (Andrew 1 rerndcr)Agent: Bury & Partners. Inc. (Brad Lingvai)Request: Approval of the Lockheed Martin Subdivision LOT 5. Phase One;

Re.snbdivision composed of 2 lots on 122.46 acres.Staff Rec.: DisapprovalStall": Don Ferryman. 974-2786. don.pcrryttuin^ci.ausiin.lx.us

Watershed Protection and Development Review

MOTION: DISAPPROVE BY CONSENTVOTE: 7-0 (DS-lsr, AW-2™,- LO-ON LEA VE)

Facilitator: Katie l.a^cn 974-64 1.1

PLAN'MNG COMMISSION December 9. 2003

21. Resubdivision: C 8-03-0190.0 A - Brell/Burkson Subdivision; KesubdivLsionLocation: Bnrlcson Rd ;il MeKJnney Falls Parkway, Carson Creek / Onion

Creek Watershed, Southeast; NPAOwner/Applicant: Missile Partners Associates. LP (Andrew Fremder), Burlcson Road

Investments. LLC (Lisa Clark), SM Hrc i l II, LP ( K e n McKayAgent: Rury & Partners, Inc. (Brad Linyval)Request: Approval of the Brell/Hurleson SubdivLSion;Kcsubdivis.io.n composed

of 2 lots on 51.155 tierey.SlaiTR.ec.: DisapprovalStaff: Don Perry man, 974-2786, don.perryiiiair&tci.ausLin.lx.iis

Watershed Protection and Development Review

MO TION: MS APPRO VE B Y CONSENTVOTE: 7-0 (DS-lsr, NS-2*"; LO-ON LEA VE)

22. Resubdivision: CJ8-03-0191 .OA - Lockheed Martin Subdivision Lol5;Resubdivisiun

Location: Burleson Rd. at V l c K i n n c y Hills l jarkvvay, Carson Creek / OnionCreek Watershed, Southeast KPA

Owner/Applicant: Missile Partners Associates. LP (Andrew Lremder). Burlesuri RoadInvestments, LLC (Lisa Clark). SM Rrell 1L LP (Ken McKay

Ayent: Bury & Partners. Inc . (Brad L i n g v a iRequest: Approval of the Lockheed Martin Subdivision Lot 5; Resubdivis ion

composed of .1 lots on 50! .77 acres.Staff Rec.: DisapprovalStaff: Don Perryman. 974-2786. don.perrymaniiflci.aijstin.tx.Lis

Watershed Protection and Development Review

MOTION: DISAPPROVE BY CONSENTVOTE: 7-0 (DS-l*1, NS-2™; LO-O;\ LEAVE)

B. OTHER 1U:SIMKSSI It MS LROM THE COMMISSION

1. Resolution for Draft Clean Air Action Plan

MOT/ON: Approve resolution in support material.VOTE: 5-0 (!\S-1*, CM-2l<i; DS-abstain; MM-affdtus)

Report from the Committee Chairs.Periodic Reports from /oning and Platt ing Commission.

facilitator: Karie Larson 97-4-64)3 P a a i ; ! 2 o f l 2

ORDINANCE NO.

AN ORDINANCE AMENDING SECTIONS 25-10-4 AND 25-10-152 OF THECITY CODE RELATING TO SIGN AREA AND CHANGES TONONCONFORMING SIGNS.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN:

PART 1. Section 25-10-4(D) of the City Code is amended to read:

(D) Sign area includes a sign apron or similar feature and an area displaying a signcompany name or symbol. Sign area does not include a supporting structure,pole cover, or landscape feature unless used to convey a message.

PART 2. Section 25-10-152(B) of the City Code is amended to read:

(B) A person may not change or alter a nonconforming sign except as provided inthis subsection.

(1) The face of the sign may be changed.

(2) The sign may be changed or altered if the change or alteration doesnot

(a) increase the degree of the existing nonconformity^

ft)) change the method or technology used to convey a message: or

(c) increase the illumination of the sign.

(3) The sign may be relocated on a tract, if the building officialdetermines that the relocated sign will not be hazardous, and the sign is:

(a) located on a tract that is partially taken by condemnation orpartially conveyed under threat of condemnation; or

(b) moved to comply with other regulations.

(4) Except as provided in Subsection (B)(5), a nonconforming sign may

Date: 1/28/2004 10:13 AM Page 1 of 3 COA Law DepartmentL:\CLW\GC\GLA\mdrmisccouncilitems\2-5-2004W4070 Sign area and technology draft A Responsible Att'y: David Lloyd

be modified or replaced in the same location, if the modification orreplacement reduces:

(a) the sign area by at least 20 percent;

(b) the height of the sign by at least 20 percent; or

(c) both sign area and height of the sign by an amount which,combined, is equal to at least 20 percent of the sign area and height.

(5) A nonconforming off-premises sign may be replaced if:

(a) each owner of a property from which a sign is to be removed oron which a sign is to be replaced agrees to the sign removal orreplacement, as applicable;

(b) each owner of a property from which a sign is to be removeddesignates the person who is responsible for removing the sign; and

(c) the replacement sign:

(i) does not direct illumination onto a property zoned or usedfor a residential use;

(ii) does not exceed the height of the sign it replaces; and

(iii) is constructed in the same location with same type ofmaterials and construction design as the sign it replaces, and:

1. the face height and width of the replacement sign areeach at least 25 percent less than the face height and widthof the sign being replaced; or

2. the replacement sign is not located in, or within 500 feetof, a historic sign district, its sign area is at least 25 percentsmaller than the sign area of the sign it replaces, and:

a. one other nonconforming off-premises sign ispermanently removed, the location of the sign to beremoved is not included in a site plan that is pendingapproval, and if, before removal, the sign to be removedis:

i. located in a scenic road-way sign district;

ii. located in, or within 500 feet of, a historic signDate: 1/28/2004 10:13 AM Page 2 of 3 COA Law DepartmentL:\CLW\GC\GLA\mdrmisccouncilitems\2-5-2004W4070 Sign area and technology draft A Responsible Att'y: David Lloyd

district; or

iii. of monopole construction; or

b. two other non-conforming off-premises signs arepermanently removed, and the location of a sign to beremoved is not included in a site plan that is pendingapproval.

PART 3. This ordinance takes effect on , 2004.

PASSED AND APPROVED

2004Will Wynn

Mayor

APPROVED: ATTEST:David Allan Smith Shirley A. Brown

City Attorney City Clerk

Date: 1/28/2004 10:13 AM Page 3 of 3 COA Law DepartmentL:\CLW\GC\GLA\mdrmisccouncilitems\2-5-2004W4070 Sign area and technology draft A Responsible Att'y: David Lloyd