C-2 C15-2020-0053 ADV PACKET — original pdf

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BOA GENERAL REVIEW COVERSHEET CASE: C15-2020-0053 BOA DATE: October 12th, 2020 ADDRESS: 900 Old Koenig Ln & COUNCIL DISTRICT: 7 5916 N. Lamar Blvd OWNER: Thomas Bercy AGENT: Michael J. Whellan ZONING: CS-MU-V-CO-NP LEGAL DESCRIPTION: LOT 4, 5 & 6 AMENDED PLAT OF LTS A-E & G WUPPERMAN ADDN SEC 2; LOT 2 AMENDED PLAT OF LTS A-E & G WUPPERMAN ADDN SEC 2 VARIANCE REQUEST: reduce setback from 25 ft. to 0 ft., increase height limit from 30 ft. to 60 ft., and increase height limit from 40 ft. to 60 ft. SUMMARY: erect a Vertical Mixed-Use project with on-site affordable units. ISSUES: heritage tree and additional setback required from a transmission line running down Old Koenig Ln. Site CS-MU-V-CO-NP ZONING North CS-MU-V-CO-NP South CS-MU-V-CO-NP East CS-MU-V-CO-NP West P-NP LAND USES General Commercial Services- Vertical Mixed Use General Commercial Services- Vertical Mixed Use General Commercial Services- Vertical Mixed Use General Commercial Services- Vertical Mixed Use Public NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin Brentwood Neighborhood Assn. Brentwood Neighborhood Plan Contact Team Central Austin Urbanists Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation North Austin Neighborhood Alliance SELTexas Shoal Creek Conservancy Sierra Club, Austin Regional Group C-2/1C-2/2C-2/3C-2/4C-2/5C-2/6C-2/7ARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 August 14, 2020 MICHAEL J. WHELLAN (512) 435-2320 Via email Board of Adjustment 301 W. 2nd St. Austin, TX 78701 Subject: Variance Request for 5916 North Lamar Blvd. and 900 Old Koenig Lane (“the Property”) Dear Members: Please accept this letter on behalf of 5916 N Lamar Investor, LLC (“the Applicant”). The Applicant is requesting a variance from compatibility standards related to an adjacent church, the Koenig Lane Christian Church, in order to help provide a Vertical Mixed-Use (VMU) project featuring affordable housing. Koenig Lane Christian Church supports this request. The Property is located near the intersection of North Lamar Boulevard and Old Koenig Lane, and is largely surrounded by sites zoned for mixed-use and commercial uses, with the North Austin Reservoir (zoned for Public) to the south. The fact that the Property and neighboring sites are largely zoned for mixed-use and commercial is consistent with the City’s longstanding vision for North Lamar Boulevard. The City has consistently identified North Lamar Boulevard as an appropriate location for increased housing and mixed-use development, designating it as a Core Transit Corridor (2005), an Imagine Austin Corridor (2012), and a Transit Priority Network Roadway (2019), as well as funding the development of a North Lamar Corridor Plan through the 2016 mobility bond. This vision for directing growth on the North Lamar corridor complements the City’s vision for affordable housing. The City’s Strategic Housing Blueprint calls for 6,651 units at an affordability level of up to 80 percent MFI in District 7 by 2027 and 63,201 units up to 80 percent MFI by 2027. According the City data, however, to date there are currently only 896 income-restricted units up to 80 percent MFI in District 7 and 12,110 citywide. This means that the City will need to obtain roughly 720 affordable units in District 7 per year and 6,387 citywide per year in order to reach its goals. The Applicants are seeking a variance in order to allow for a reasonable use of the Property as the type of corridor-oriented, affordable development called for in the City’s policies and goals. {W0981256.5} C-2/8ARMBRUST & BROWN, PLLC Page 2 Specifically, the variance would relieve the Property from the compatibility standards triggered by the Koenig Lane Christian Church, located at 908 Old Koenig Ln. This variance is necessary due to a number of constraints unique to the Property, including:  Ensuring preservation of an on-site heritage tree; and  Additional setback required along the Old Koenig Lane portion of the site due to an existing transmission line. These constraints together hamper the ability of the site to achieve a reasonable use and deliver on the City’s vision for corridor-oriented projects with meaningful long-term affordability. In order to account for these constraints, the Applicant, with the agreement of the Koenig Lane Christian Church, has requested a variance from compatibility standards triggered by the church. The Applicant is not seeking a variance from any compatibility standards related to single-family homes or lots. In addition to site constraints, there are three noteworthy factors that indicate that a compatibility variance related to the Koenig Lane Christian Church is appropriate. First, the Koenig Lane Christian Church is zoned with GR-MU-CO-NP, which provides that site with mixed-use entitlements that would not otherwise trigger compatibility standards. Second, there is a 75 ft.- tall cell tower already located on the Koenig Lane Christian Church site today that exceeds compatibility standards, and the site retains land use entitlements to construct a replacement tower of the same height. Our variance request would allow a project that is shorter and farther from the church building than this cell tower. Third, the Koenig Lane Christian Church site triggers compatibility not because of its zoning, but because it is used as a church – and in this case, the church agrees with and supports our variance request. (A copy of their letter of support is enclosed in this application packet.) Ultimately, I believe our application demonstrates that the Property faces a number of site- specific challenges relating to transmission line setbacks and a heritage tree, and that our request to waive compatibility to a neighboring church – supported by that church – is appropriate and warranted. Obtaining this variance will allow the Property to move forward as the type of mixed- use project the City envisions for the North Lamar corridor, including affordable housing. I appreciate your consideration of this application and look forward to presenting our requested variance to the Board of Adjustment. Very truly yours, Michael J. Whellan {W0981256.5} C-2/9 5916 N. Lamar Blvd. Variance Summary City policies identify the 5916 N. Lamar site as appropriate for mixed-use and affordable housing.  The City has consistently identified North Lamar Boulevard as appropriate for increased housing and mixed-use projects, designating it a Core Transit Corridor (2005), Imagine Austin Corridor (2012), 2016 Mobility Bond Corridor, and a Transit Priority Network Roadway (2019).  The 5916 N. Lamar site is zoned for Vertical Mixed Use (VMU), an affordable housing bonus program through which applicants provide 10 percent of total units as affordable units at 60 percent of Median Family Income (MFI) in exchange for relaxed site development standards. However, the site faces unique constraints that impact its ability to achieve a reasonable use.  The variance is necessary due to the constraints of preserving an on-site heritage tree and required additional setback along the Old Koenig Lane frontage due to a transmission line.  Together, these constraints hamper the site’s ability to achieve a reasonable use and deliver on the city’s vision for corridor-oriented projects with meaningful long-term affordability. In order to account for these constraints, the applicant is requesting a variance from compatibility related to the adjacent Koenig Lane Christian Church site. Single-family compatibility would still apply.  The Koenig Lane Christian Church is located adjacent to the 5916 N. Lamar site, and triggers compatibility based on its use as a church. It does not trigger compatibility based on zoning.  Granting this variance would allow the applicant to waive compatibility in relation to the church – but would maintain full compatibility with all nearby single-family properties (See Figure 1).  The Koenig Lane Christian Church supports this request. Additionally, a number of supporting factors indicate this variance request is appropriate:  The church is zoned for mixed-use entitlements that would not otherwise trigger compatibility standards. The only reason it triggers compatibility today is because it is used as a church.  There is a cell tower already located on the church site that exceeds compatibility standards; the variance would allow a project shorter and farther from the church than the cell tower. Granting this variance would address the site’s unique constraints and allow it to achieve the type of mixed-use project the City envisions for North Lamar, including affordable housing. Single-Family Compatibility (By Zoning) Church Compatibility (By Use) Within 25 ft. of Church Within 50 ft. of Church Within 100 ft. of Church Max. Height Allowed Under Zoning Figure 1. Summary Table Current Regulations Regulations with Variance Applies Applies No Structure 30 ft. / 2 stories 40 ft. / 3 stories 60 ft. Applies (No Change) Waived As Allowed by SF Compatibility As Allowed by SF Compatibility As Allowed by SF Compatibility 60 ft. (No Change) {W1003500.1} C-2/10SITE COMPATIBILITY DIAGRAM 01 EXISTING COMPATIBILITY WITH 908 KOENING LN. (CHURCH SITE) APPLICANT IS REQUESTING A VARIANCE WAIVING COMPATIBILITY WITH 908 KOENIG LN. SF-3 C S -MU -V 5911 Sunshine Dr. (Residential Lot) - Not Asking for Compatibility Waiver on Site 5916 N. Lamar Blvd. / 900 Old Koening Ln. (Our Site) -Impacted by Compatibility Setbacks from both the Church and Residential Lot SF-3 SF-3 SF-3 SF-3 SF-3 MF-3 SF-3 SF-3 3 - F S SF-3 SF-3 MF-3 SF-3 A B C D Cell Phone Tower - Constructed at Height of 75’ 3 - F S 3 - F S U M - R G GR-MU SITE ’ C S -MU -V C S -MU -V C S -MU -V C S -MU -V C S -MU -V S C S C . D V L B R A M A L . N N 908 Koening Ln. (Church Lot) – - Compatibility is Measured from the East Facing Property Line of the Church 0’ 25’ 50’ 100’ OLD KOENING LN LEGEND 3 - F S SITE PLAN DIAGRAM COMPATIBILTIY SETBACK TRIGGERING PROPERTY LINE (CHURCH) PROPERTY LINE BOUNDARY P SF-3 ZONING DISTRICT CLASSIFICATION AT 25’ FROM TRIGGERING PROPERTY AT 50’ FROM TRIGGERING PROPERTY B C D NO STRUCTURE ALLOWED MAXIMUM 30’ PER CODE MAXIMUM 40’ PER CODE A B C D BUILDING FOOTPRINT AT 100’ FROM TRIGGERING PROPERTY MAXIMUM 60’ P A B C D C-2/11SITE COMPATIBILITY DIAGRAM 02 (IN COMPLIANCE WITH SF-3) THE REQUESTED VARIANCE WILL NOT WAIVE COMPATIBILITY WITH SF-3 LOTS ’ 5911 Sunshine Dr. (Residential Lot) - Not Asking for Compatibility Waiver on Site 5916 N. Lamar Blvd. / 900 Old Koening Ln. (Our Site) -Impacted by Compatibility Setbacks from both the Church and Residential Lot 100’ 100’ 100’ Cell Phone Tower - Constructed at Height of 75’ 1 SITE 3 2 0’ 908 Koening Ln. (Church Lot) OLD KOENING LN N *The applicant is not requesting a compatibility waiver from any triggering single-family lots. LEGEND SITE PLAN DIAGRAM BUILDING FOOTPRINT COMPATIBILTIY SETBACK AT 100’ FROM TRIGGERING PROPERTY 40’+ UP 1' IN HEIGHT FOR 10' OF SETBACK PROPERTY LINE BOUNDARY AT 200’ FROM TRIGGERING PROPERTY 50’+ UP 1' IN HEIGHT FOR 10' OF SETBACK ZONING DISTRICT CLASSIFICATION AT 300’ FROM TRIGGERING PROPERTY 60’+ UP 1' IN HEIGHT FOR 10' OF SETBACK 2 3 1 2 3 1 2 3 C-2/12MULTI-FAMILY STEP TO COMPLY WITH SF-3 COMPATIBILITY A B C D Proposed Building Property Line " 0 - ' 5 Building Height: 40' Building Height: 50' Building Height: 60' Oak Tree Trunk, Ø35" Critical Root Zone, Ø70' GR-MU CHURCH 908 Old Koening Ln (Currently Triggers Compatibility) CELL PHONE TOWER STEP TO COMPLY WITH SF-3 COMPATIBILITY 28'-0" e v i r D s s e c c A & e n a L e r i F PROJECT SITE 900 Old Koening Ln./ 5916 N.Lamar Blvd RESTAURANT Buildable Area Lost due to Significant Tree Preservation Building Height: 50' Building Height: 60' Transmission Pole, TYP. K C A B T E S " 0 - ' 0 1 " 0 - ' 7 1 BUSINESS WAREHOUSE 72'-0" Fire Lane " 1 1 - ' 6 5 7'-0" " 0 - ' 3 6 " 0 - ' 1 9 " 0 - ' 3 6 10'-0" D V L B R A M A L H T R O N OLD KOENIG LN 0 25' 50' 100' Buildable Area Lost due to Transmission Line Setback SITE PLAN WATER RESERVOIR Note: The applicant is not requesting a compatibility waiver from any triggering single-family lots. 900 Old Koening Ln / 5916 N. Lamar Blvd bercy chen studio LP 1111 E. 11th street, suite 200 :: austin, tx 78702 :: tel 512.481.0092 fax 512.476.7664 plan true 19 August, 2020 Scale 1/50" = 1'-0" C-2/13MULTI-FAMILY SF-3 CHURCH L A M A R B L V D OLD KOENING LN KEY PLAN '06 50' 40' 30' 20' 10' 0' E N I L Y T R E P O R P +STREET LEVEL . D V L B R A M A L CHURCH 908 Old Koening Ln (Currently Triggers Compatibility) A B C D PLANNED BUILDING ENVELOPE WITH REQUESTED VARIANCE FROM GR-MU CHURCH COMPATIBILITY EXISTING COMPATIBILITY TO CHURCH " 0 - ' 0 6 PROJECT AVERAGE GRADE RESTAURANT 90' 80' 70' '06 50' 40' 30' 20' 10' 0' E N A L E R I F E N I L Y T R E P O R P VARIANCE REQUEST WOULD ALLOW FIRE LANE & ACCESS DRIVE 0 25' '05 100' VARIANCE REQUEST WOULD ALLOW A STEP-UP IN BUILDING HEIGHT CONSISTENT WITH COMPATIBILITY TO SF-3 LOTS UNTIL REACHING A MAXIMUM OF 60'. SEE PLANNED BUILDING ENVELOPE ABOVE FOR PROPOSED CONSTRUTION COMPLIANT WITH COMPATIBILITY TO SF-3 SECTION - CHURCH COMPATIBILITY 900 Old Koening Ln / 5916 N. Lamar Blvd bercy chen studio LP 1111 E. 11th street, suite 200 :: austin, tx 78702 :: tel 512.481.0092 fax 512.476.7664 plan true 25 September, 2020 Scale 1/50" = 1'-0" C-2/14Legend Zoning Lake Austin, Rural Residence (LA; RR) Single Family (SF-1; SF-2; SF-3; SF-4A; SF-4B; SF-5; SF-6) Mobile Home (MH) Multi-family (MF-1; MF-2; MF-3; MF-4; MF-5; MF-6) Commercial (CH; CR; CS; CS-1; GR; L; LR) Office (GO; LO; NO) Industrial (IP; LI; MI; R&D; W/LO) CBD; Downtown Mixed Use (DMU) ERC; NBG; TND; TOD Planned Unit Development (PUD) Agriculture, Development Reserve (AG, DR) Aviation, Public, Unzoned (AV; P; UNZ) Unclassified Zoning Text Land Use Annotation-Old I S T E 520 0.1 0 0 260 0.04 520 FEET 0.1 Miles NAD_1983_StatePlane_Texas_Central_FIPS_4203_Feet Date Printed: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey. This product has been produced by the City of Austin for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 1: 2,400 Notes C-2/15PRESERVED OAK TREE C-2/16PRESERVED OAK TREE C-2/17MAIN TRANSMISSION LINE CELL TOWER TRANSMISSION LINE AND CELL TOWER C-2/18TRANSMISSION LINE AND CELL TOWER C-2/19TRANSMISSION LINE AND CELL TOWER C-2/20TRANSMISSION LINE ON OLD KOENING LN. C-2/21C-2/22