E-3 C15-2021-0048 ADV PACKET — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-9 DATE: Monday June 14, 2021 CASE NUMBER: C15-2021-0048 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___-____Melissa Hawthorne RECUSING ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Stephen Drenner OWNER: Austin Hedge 35 Borrower, LLC ADDRESS: 8300 IH 35 SVRD SB VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-6-472 (Parking Facility Standards) Appendix A (Tables of Off- Street parking and Loading Requirements) to reduce the number of required parking spaces from 1.5 spaces and 1.5 spaces + 0.5 spaces per bedroom (required) to 1 spaces (requested) in order to complete a Multi-Family residential structure providing 226 units of significantly Affordable housing in a “CS-MU-CO-NP”, General Commercial Services-Mixed Use-Conditional Overlay- Neighborhood Plan zoning district. (Georgian Acres Neighborhood Plan) BOARD’S DECISION: May 10, 2021 POSTPONED TO JUNE 14, 2021 DUE TO LACK OF BOARD MEMBERS/VOTES; June 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Rahm McDaniel motions to postpone to July 12, 2021; Board Member Don Leighton-Burwell seconds on a 9-0 vote (Board Member Melissa Hawthorne recused); POSTPONED TO JULY 12, 2021. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: E-3/1 (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Chairman Diana Ramirez for E-3/2CITY OF AUSTIN Board of Adjustment Decision Sheet D-8 DATE: Monday May 10, 2021 CASE NUMBER: C15-2021-0048 ____-___Thomas Ates ____Y___Brooke Bailey ____Y___Jessica Cohen ____-___Melissa Hawthorne RECRUISING ____Y___Don Leighton-Burwell ____Y___Rahm McDaniel ____Y___Darryl Pruett ____-___Agustina Rodriguez ____Y___Michael Von Ohlen ____Y___Nicholl Wade ____-___Vacant ____-___Kelly Blume (Alternate) ____-___Carrie Waller (Alternate) ____-___Vacant (Alternate) APPLICANT: Stephen Drenner OWNER: Austin Hedge 35 Borrower, LLC ADDRESS: 8300 IH 35 SVRD SB VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-6-472 (Parking Facility Standards) Appendix A (Tables of Off- Street parking and Loading Requirements) to reduce the number of required parking spaces from 1.5 spaces and 1.5 spaces + 0.5 spaces per bedroom (required) to 1 spaces (requested) in order to complete a Multi-Family residential structure providing 226 units of significantly Affordable housing in a “CS-MU-CO-NP”, General Commercial Services-Mixed Use-Conditional Overlay- Neighborhood Plan zoning district. (Georgian Acres Neighborhood Plan) BOARD’S DECISION: May 10, 2021 POSTPONED TO JUNE 14, 2021 DUE TO LACK OF BOARD MEMBERS/VOTES FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: E-3/3 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Don Leighton-Burwell Chairman Diana Ramirez for E-3/4BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0048 BOA DATE: May 10th, 2021 ADDRESS: 8300 N IH 35 SVRD SB OWNER: Austin Hedge 35 Borrower LLC AGENT: Stephen Drenner COUNCIL DISTRICT: 4 ZONING: CS-MU-CO-NP (Georgian Acres NP) LEGAL DESCRIPTION: LOT 2 DINERSTEIN ADDN NO 2 (COMMERCIAL PERSONAL PROPERTY) VARIANCE REQUEST: reduce the number of required parking spaces from 1.5 spaces and 1.5 spaces + 0.5 spaces per bedroom to 1 spaces SUMMARY: complete a Multi-Family residential structure providing 226 units of significantly affordable housing ISSUES: conversion of an existing hotel building ZONING LAND USES CS-MU-CO-NP Site North MF-3-CO-NP South East West CS-CO-NP GO-NP MF-3-CO-NP General Commercial Services-Mixed Use Multi-Family General Commercial Services General Office Multi-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Mayan Collective Austin Neighborhoods Council Bike Austin Friends of Austin Neighborhoods Georgian Acres Neigh. Assn. Go Austin Vamos Austin – North Homeless Neighborhood Association Neighborhood Empowerment Foundation North Growth Corridor Alliance SELTexas Sierra Club, Austin Regional Group E-3/5May 3, 2021 Stephen Drenner 8300 N Ih 35 Svrd Sb Austin TX, 78753 Re: C15-2021-0048 Dear Stephen, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from the Land Development Code, Section 25-6-472 (Parking Facility Standards) Appendix A (Tables of Off-Street parking and Loading Requirements) ; to reduce the number of required parking spaces from 1.5 spaces and 1.5 spaces + 0.5 spaces per bedroom (required) to 1 spaces (requested) in order to complete a Multi-Family residential structure providing 226 units of significantly Affordable housing in a “CS-MU-CO-NP”, General Commercial Services-Mixed Use-Conditional Overlay-Neighborhood Plan zoning district. (Georgian Acres Neighborhood Plan) Austin Energy does not oppose the above variance request from parking space requirements, provided any proposed and existing improvements follow Austin Energy’s clearance criteria requirements, the National Electric Safety Code and OSHA. Any removal or relocation of existing electric facilities will be at owners /applicants’ expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of review action: https://austinenergy.com/wcm/connect/8bb4699c-7691-4a74-98e7- 56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES the above If you have any questions about the following comments, please contact my office. Thank you, Eben Kellogg, Property Agent Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050 E-3/6! ! ± SUBJECT TRACT PENDING CASE ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2021-0048 8300 N IH 35 SVRD SB 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 and represents only the approximate relative location of property boundaries. 1 " = 250 ' This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. E-3/7E-3/8E-3/9E-3/10E-3/115' CLEARANCE PROPOSED TRANSFORMER NO BUILDINGS EXIST WITHIN 50 FEET ON ADJOINING LOT TO THE NORTH 5' CLEARANCE PROPOSED TRANSFORMER PROPOSED BICYCLE PARKING SPACES BUILDING OVERHANG N W E S 0 30' 60' SCALE: 1" = 30' TWO BUILDINGS OF AUSTIN WH APARTMENTS EXIST WITHIN 50 FEET ON ADJOINING LOT TO THE WEST PROPOSED BICYCLE PARKING SPACES PEDESTRIAN ACCESS BETWEEN OFF-SITE PARKING ND THE PROPOSED USE RELOCATE CONCRETE BARRIER CONCRETE LANDING NEW ELECTRIC POLE LOCATION NO BUILDINGS EXIST WITHIN 50 FEET ON ADJOINING LOT TO THE SOUTH LANDSCAPING (5) CHINKAPIN OAKS LESS THAN 1,000 SF TO BE HAND WATERED JOINT USE ACCESS EASEMENT DOCUMENT #2021018722 PER SP-2017-0172C, THIS AREA IS COMPRISED OF ASPHALT AND CONCRETE. IT IS CURRENTLY USED FOR PARKING ENDS OF THE BOUNDARY LINE THAT DIVIDES TRACT 2 INTO TWO SEPARATE UNITS AS ILLUSTRATED IN PG 45 OF DOC. 2018076360 E T A D I I N O T P R C S E D / N O S V E R I I V E R I N O T A M R O F N I T N E I L C E G D E H N I T S U A , C L L W O R R O B 5 3 S A X E T F O L A T I P A C . S 5 1 5 1 1 1 4 . E T S Y W H 6 4 7 8 7 S A X E T , N I T S U A N E H O C N O S A J : T C A T N O C 8 7 5 1 - 2 1 8 ) 2 1 5 ( : E N O H P 6 4 7 8 7 x T , n i t s u A , 0 5 5 e t i u S , I g d B y p x E l c a p o M . S 1 1 7 3 m o c . c n i c e c . w w w 0 0 4 0 - 9 3 4 ) 2 1 5 ( T 9 1 4 4 9 1 0 1 : o N m r i F S L P B T & 8 3 - F : o N m r i F E P B T . c n I , s t n a t l u s n o C l a t n e m n o r i v n E & l i v i C f o t r a P X T , Y T N U O C S I V A R T , N I T S U A F O Y T I C SITE PLAN RELEASE NOTES: 1. ALL IMPROVEMENTS SHALL BE MADE IN ACCORDANCE WITH THE RELEASED SITE PLAN. ANY ADDITIONAL IMPROVEMENTS WILL REQUIRE SITE PLAN AMENDMENT AND APPROVAL OF THE DEVELOPMENT SERVICES DEPARTMENT. APPROVAL OF THIS SITE PLAN DOES NOT INCLUDE BUILDING AND FIRE CODE APPROVAL NOR BUILDING PERMIT APPROVAL. ALL SIGNS MUST COMPLY WITH REQUIREMENTS OF THE LAND DEVELOPMENT CODE (CHAPTER 25-10). 2. 3. 4. ADDITIONAL ELECTRIC EASEMENTS MAY BE REQUIRED AT A LATER DATE. ALL EXISTING STRUCTURES SHOWN TO BE REMOVED WILL REQUIRE A 5. DEMOLITION PERMIT FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPT. 7. 6. A DEVELOPMENT PERMIT MUST BE ISSUED PRIOR TO AN APPLICATION FOR BUILDING PERMIT FOR NON-CONSOLIDATED OR PLANNING COMMISSION APPROVED SITE PLANS. FOR DRIVEWAY CONSTRUCTION: THE OWNER IS RESPONSIBLE FOR ALL COSTS FOR RELOCATION OF, OR DAMAGE TO UTILITIES. FOR CONSTRUCTION WITHIN THE RIGHT-OF-WAY, A ROW EXCAVATION PERMIT IS REQUIRED. 8. NOTES: 1. THAT STATES THE REQUIRED AMOUNT OF MOTOR VEHICLE PARKING CAN BE REDUCED BY UP TO 10% TO PRESERVE SIGNIFICANT STRANDS OF TREES OR PROTECTED TREES IN ADDITION TO THOSE REQUIRED TO BE PRESERVED BY THE CODE, PURSUANT TO PROTECTION MEASURES SPECIFIED IN THE ENVIRONMENTAL CRITERIA MANUAL. SIGNAGE SHALL BE PROVIDED INDICATING OFF-SITE PARKING AS FOLLOWS: ONE SIGN SHALL BE PROVIDED AT THE OFF-SITE PARKING INDIVATING THE PROPERTY OR USE WHICH IT SERVES, AND ONE SIGN SHALL BE PROVIDED ON THE SITE OF THE USE SERVED INDICATING THE LOCATION OF THE OFF-SITE PARKING" ALL EXTERIOR LIGHTING WILL BE FULL CUT-OFF AND FULLY SHIELDING IN COMPLIANCE WITH SUBCHAPTER E 2.5 AND WILL BE REVIEWED DURING BUILDING PLAN REVIEW. ANY CHANGE OR SUBSTITUTION OF LAMP/LIGHT FIXTURES SHALL BE SUBMITTED TO THE DIRECTOR FOR APPROVAL IN ACCORDANCE WITH SECTION 2.5.2.E." 2. 3. 4. NO BUILDINGS EXIST WITHIN 50 FTON ADJOINING LOTS 5. DAYS AND HOURS OF OPERATIONS ARE: MONDAY-FRIDAY, 8AM-5PM FOR CITY USE ONLY: SITE PLAN APPROVAL SHEET OF 04 FILE NUMBER SP-2020-0249T APPLICATION DATE JUNE. 17, 2020 APPROVED BY COMMISSION ON UNDER SECTION OF CHAPTER 25-5 OF THE CITY OF AUSTIN CODE. EXPIRATION DATE (25-5-81,LDC) CASE MANAGER RENEE JOHNS PROJECT EXPIRATION DATE (ORD.#970905-A) DWPZ DDZ X Director, Development Services Department RELEASED FOR GENERAL COMPLIANCE: ZONING: CS-MU-CO-NP Rev. Rev. Rev. Correction 1 Correction 2 Correction 3 Final plat must be recorded by the Project Expiration Date, if applicable. Subsequent Site Plans which do not comply with the Code current at the time of filing, and all required Building Permit and/or a notice of construction (if a building permit is not required), must also be approved prior to the Project Expiration Date. JUNE 17, 2020 CHECKED BY: CHAD KIMBELL, PE JOB NUMBER: 302-291 ISSUE DATE: 6/17/2020 SHEET: E-3/128300 N IH-35 SVRD SB Board of Adjustment May 10, 2021 E-3/13E-3/14600 E Powell Ln. Site: 1.74 acres 75,795 SF 8300 N IH- 35 SVRD SB Site: 3 acres 130,680 SF E-3/15E-3/16Project Summary • Reuse existing extended stay hotel building for a deeply affordable multifamily residential use • 218 hotel units = 227 proposed residential units • 68 studios • 138 one-bedroom units • 21 two-bedroom units • 50% of units @ 60% MFI • Affordable for 40 years • Affordable units will match overall unit mix E-3/17E-3/18E-3/19E-3/20E-3/21E-3/22E-3/23From: To: Subject: Date: Attachments: Past Chair Ramirez, Elaine D-8 C15-2021-0048 8300 N IH35 The Hedge Monday, May 10, 2021 8:21:55 AM *** External Email - Exercise Caution *** Hi Elaine - Could you pass this on? Thanks! ============= Chair, Vice Chair, Boardmembers - I apologize for the late communication. The neighborhood team did not receive notification of the hearing, nor did the owner or their agent reach out to us. As the stream of requests for changes and exceptions continues for this redevelopment, I am increasingly concerned that this is not a robust project for this applicant. While the concept of affordable housing sounds wonderful, if it's not realistic to build, much less operate, you're setting up the community and the owner, and most important vulnerable low-income residents, for decades of failure and frustration. Affordability The applicant's presentation characterizes the development as "deeply affordable". This description is more typically used for households at 25-35% of MFI, not the 60% proposed here. History of Deficiencies At the Sept 2019 BOA hearing, your backup included a list of recent code violations at the property, including significant structural issues. You were promised "if we get the variance, we will of course bring the building up to code". In fact, after the variance was granted, there were 29 more notices of violation in 2020 under the current owner, generally related to electrical work without permits. That is not a subtle or hidden violation: Are you an electrician? Is there a permit? Additionally, the development services applications submitted for this property and the off-site parking property charitably could be characterized as error-ridden. Repeatedly, different applications stated different project characteristics for the same site, always somehow with the errors most economically favourable to the applicant. There were also several rounds of applications double-counting the off-site parking, despite reviewers calling attention to the issue. Parking At the Sept 2019 BOA hearing to decrease the site area requirements, the Drenner staff person assured you that they "commit to meet parking requirements". Instead, they are back with the basically the same argument - the project they have invested in won't be profitable for them unless you change the rules - to ask for you to change the parking requirement. Their original E-3/24application seemed to suggest that anyone so strapped that they would live at this property probably wouldn't have a car anyways (and I guess don't any friends or family who might come visit). In fact 60% of MFI - about $53,000 annual income for a family of three - is what professionals like teachers, medical technicians, etc make, folks who generally have do own vehicles, even when they live in areas which are safe and well-served by transit. Pedestrian Access to Park and Transit At the Sept 2019 BOA hearing, the Drenner staff person described this multifamily development as located "on a high speed roadway 55mph". I've met in front of the site with APD highway enforcement command who agree with the characterization that vehicle speed on the access road is comparable to the main lanes, 65mph by their estimate. Attached is a photo of the shared use path along the access road which residents without cars would have to use to get to the park, bus stop, or anywhere. This is the completed infrastructure. According to TxDOT, there will be no guardrails between the vehicle lane and the bike/ped path. According to AAA, even at the more conservative 55mph, someone hit by a vehicle has more than 75% chance of dying. As well, someone traveling along E Powell to and from The Hedge also has to pass the dumpsters for Hedge 2, from the same owner. Attached is a current photo. The landfill dumpster has not been in the screening enclosure since he's owned the property. He's added a nominal recycle dumpster (which is actually used for landfill trash) without any screening. Aside from the trash, this is a prime site for street prostitution. APD has pretty much stopped arresting for prostitution, but in 2020 pre-COVID there already were 26 arrests at this location, almost all in daylight hours. (For scale, this is over 40% of all the prostitution arrests in the city.) That issue is not wholly the applicant's doing, of course, but if the dumpster were in the enclosure, that screened space wouldn't be available for other activities. An adult with no other housing option might take these safety risks on foot or by bicycle to get to work or other necessary tasks, but it's hard to imagine they would let their children go to the park or bus stop. An adult with access to any better options would probably not choose to live in these conditions. A bike-pedestrian easement from 8300 N IH35 to E Powell through property already legally tied to this development through the off-site parking agreement would remove the high speed roadway risk. Area Character The applicant's presentation uses out-of-date aerials. Attached is a current photo of the apartment complex on the other side of E Powell Ln from The Hedge's off-site parking, shown on the applicant's aerial as a vacant lot. This complex has similar affordability targets for households below 60% MFI. At the same price point, it's hard to imagine someone choosing a bottom of the line renovation of an aging interstate motel over a brand new apartment with granite countertops, steel appliances, hard wood cabinets, open space, trees, and parking. It is also unclear why the so-called urban core boundary is shown here. This arbitrary line, unrelated to any urban characteristics, is definitely a general hardship for residents and property owners north of 183. However, Council has repeatedly affirmed the disparate treatment of our area. Thank you for your work. Lisa Hinely E-3/25North Lamar/Georgian Acres neighborhood team http://nlct.wordpress.com As Austin’s most international district, the North Lamar/Georgian Acres neighborhood plan contact team believes that every resident is a valued member of our community, deserves to be treated fairly and with respect, and that when some of our residents live in fear of contact with public officials it makes all of us less safe, and has a negative impact on our community. CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. E-3/26