05. 5th and West Approval Packet

Design Commission – April 28, 2025

05. 5th and West Approval Packet — original pdf

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M E M O R A N D U M TO: Site Plan and Building Permit Case Managers FROM: Gregory I. Guernsey, AICP, Director of Planning, Planning and Zoning Department DATE: June 19, 2015 RE: Density Bonus for 5th & West multifamily development, SP-2013-0454C, Expected address: 718 West 5th Street, Austin, TX 78701 final FAR calculations and contributions to affordable housing and other community benefits. This memorandum grants approval for modifications to the 5th & West development (the Project) subject to the stated conditions and requirements as of the date listed above. This memorandum also summarizes the requirements that must be met for the above mentioned project to be granted the entitlements listed below through the Downtown Density Bonus Program as described in City Code section 25-2-586. The entitlements described below are associated only with the Project as described in the attached documents and site plan No. SP-2013-0454C and cannot be transferred to a different project. If an applicant proposes a different project on the same site and seeks to use a Density Bonus, the applicant must re-apply for the Downtown Density Bonus Program using the rules in effect at the time of application. The entitlements granted herein do not run with the land. A Certificate of Occupancy shall not be granted for this Project until all requirements below are met. This memorandum shall be attached to all site plan applications and building permit applications and the following note shall be placed in AMANDA and on the cover of all site plan applications and building permit applications: “A Certificate of Occupancy shall not be granted for this Project until all requirements specified in the memos re: Density Bonus for 5th & West Multifamily Development dated June 19, 2015 are met.” Staff shall verify that all requirements have been met before issuing a certificate of occupancy by checking with Jorge Rousselin of the Urban Design Division, Planning and Development Review Department, at jorge.rousselin@austintexas.gov or (512) 974-2975. Requirements to be fulfilled before a Certificate of Occupancy (CO) may be granted for this Project: 1. Fees to be paid: Total Development Bonus Fee of $484,031.10 to be paid to the City of Austin and deposited into the Neighborhood Housing and Community Development (NHCD) Office’s Affordable Housing Trust Fund. This fee will be received in person or by mail at the NHCD offices Page 1 of 3 located at 1000 E. 11th Street, 2nd Floor. The City of Austin must acknowledge, in writing, receipt of payment in the amount specified above. 2. Great Streets Improvements: Complete construction of all Great Streets improvements along all of the project’s public right-of-way frontages consistent with the City of Austin Great Streets Standards and in accordance with the attached executed public restrictive covenant and Gatekeeper requirements of Ordinance No. 20140522-077. City of Austin Urban Design Staff will inspect construction for compliance prior to granting a CO. 3. AEBG requirement: Prior to issuance of a CO, achieve a minimum two-star rating under the AEGB program using the ratings in effect at the time the Project is registered with the Austin Energy Green Building Program. Additionally, the Project must achieve either a three-star rating under the AEGB program using the ratings in effect at the time the ratings application is submitted for the project or a LEED for New Construction Silver rating using the most recently launched version of the LEED for New Construction rating at the time of the Project’s registration. 4. Additional Community Benefits: Prior to issuance of a CO, the Owner will make a one-time contribution to the City of Austin Public Works Department in the amount of the lesser of either: (1) $333, 240.00 or (2) $5.00 per square foot of Bonus Area (as defined in the DDBP) actually used for the Project, less the Bonus Area achieved under Sections (E)(1) and (E)(8) of the DDBP. The City of Austin must acknowledge, in writing, receipt of payment for the above public benefits. As of June 19, 2015, based on the actual FAR to be used, the Owner shall make a one-time contribution to the City of Austin Public Works Department in the amount of $317,411.10. 5. Project Design: Design of the project to remain consistent with the drawings (see attachments). Deviations from the submitted drawings requires re-review for substantial compliance with the Urban Design Guidelines. Maximum entitlements if all requirements are met: • FAR Bonus: The project is eligible to be built to a maximum Floor-to-Area Ratio of 20:1 as specified in the attached drawings and Ordinance No. 20140522-077. All other site entitlements remain unchanged from existing CBD zoning. As of June 19, 2015, the owner has provided documentation contained specifying the actual FAR to be 19.62:1. Attachments: A. Density Bonus Program Application B. Letter from applicant demonstrating actual FAR to be used by the project C. Staff verification of revised FAR calculations based on filed restrictive covenant D. Revised site plan/building permit documentation with final FAR E. Section diagram showing area and height bonus by parcel F. G. Building elevations with bonus area information H. 3D Views I. Design Commission Approval Letter and Application J. Staff review of consistency with Urban Design Guidelines Site plan Page 2 of 3 K. AEGB Letter of Intent L. Filed Restrictive Covenant M. Supporting Documentation N. Ordinance No. 20140522-077 CC: Jerry Rusthoven, PDR Wendy Rhoades, PDR Andy Linseisen, PDR Jim Robertson, PDR Jorge Rousselin, PDR Sylvia Leon Guerrero, PDR Erica Leak, NHCD Betsy Spencer, NHCD Richard Morgan, AEGB David Sorola, Law Page 3 of 3 DOWNTOWN DENSITY BONUS PROGRAM APPLICATION- REVISED (SECOND) PROJECT NAME: Fifth and West Residences SUBMISSION DATE: APPLICANT: Original Submission: First Revised Submission: Second Revised Submission: April 1, 2014 January 31, 2014 March 19, 2014 Name: Address: Phone: Email: PROPERTY OWNER: Name: Address: Phone: Email: Riverside Resources Investments II, LTD. Husch Blackwell, LLP 111 Congress Ave., Suite 1400 Austin, TX 78701 Attn: Nikelle Meade Nikelle Meade: 512-479-1147 nikelle.meade@huschblackwell.com Texas Press Association 718 W. 5th St. Austin, TX 78701 Michael Hodges: 512-477-6755 N/A PROJECT LOCATION: 501 West Avenue Austin, TX 78701 SITE INFORMATION Size: Zoning: Entitlements: Additional Restrictions: Conditional Overlays: Restrictive Covenants: Nearby transit facilities: 16,662 sq. ft. CBD 8:1 FAR; unlimited height 1-Star Green Building Mandatory, Capitol View Corridor, Residential Design Standards (See attached) None None See attached bus route map BRIEF PROJECT DESCRIPTION (Uses) AUS-5851798-3 6059370/9 Applicant is proposing to build a condominium tower with on-site parking and a pool area for residents. BUILDING INFORMATION Total square footage (FAR calc.): Number of units: Number of floors: Height: FAR requested: 321,811 sq. ft. 162 39 430’ 20:1 GATEKEEPER REQUIREMENTS 1. Urban Design Guidelines: Applicant submitted a Design Commission project review application on January 29, 2014. The Design Commission’s recommendation letter is attached. 2. Great Street Standards: Applicant will execute a restrictive covenant committing to provide streetscape improvements along all 5th St. and West Ave. Details of compliance with the great street standards are illustrated in the attached documents. 3. Austin Energy Green Building: Applicant will execute a restrictive covenant committing to achieve a minimum three star rating under the Austin Energy Green Building program. Applicant’s AEGB Letter of Intent is attached. COMMUNITY BENEFITS • Applicant is planning to achieve bonus density by paying 50% of its development bonus fee to the Affordable Housing Trust Fund. The additional development bonus fee will be in the form of Other Community Benefits—(attached). Density Bonus Calculation Site Area: Square Foot Cost: 16,662 sq. ft. $5.00/ sq. ft. Current F.A.R. 3-Star AEGB Rating Affordable Housing Shoal Creek ------------ 8:1 ------------ 2:1 $499,860 6:1 4:1 $333,240 20:1 $833,100 RELATE PROJECT TO URBAN DESIGN GUIDELINES (See attached). AUS-5851798-3 6059370/9 PROPOSED COMMUNITY BENEFITS DOWNTOWN DENSITY BONUS PROGRAM Allocation of Development Bonus Fee Bonus Density 6:1 $499,860 Community Benefit Affordable Housing Trust Fund Description Downtown Austin Plan Urban Design Guidelines Per Section 25-2-586(E)(1)(b) of DDBP. 2:1 ----------- Green Building The project will achieve a 3-Star AGEB rating per Section 25-2- 586(E)(8) of DDBP. Improve Sustainability (Shared Value No. 3 in the UDG) 4:1 $333,240 Shoal Creek Conservancy Funds will be directed toward flood mitigation and to make other improvements on Shoal Creek from the West Avenue bridge to the West 10th Street bridge. Shoal Creek Conservancy will attempt to form a public/private partnership with the Watershed Protection Department to achieve this goal. Funds will be directed toward trail improvements to Shoal Creek from the West Avenue bridge to the West 10th Street bridge. Shoal Creek Conservancy will attempt to form a public/private partnership with the Public Works Department to achieve this goal. Increase watershed maintenance of Shoal Creek and implement a restoration and flood control plan (UI- 3.1; 3.5; 3.6 of DAP) Improve Downtown’s urban greenways (PR-1.3 of DAP); Encourage public/ private partnerships and conservancies aimed at building and operating parks and open space improvements (LI-1.2 of DAP) § 25-2-586(E)(12) Requirements for Other Community Benefits (b) The Director will consider the following to make a determination: (b)(i): if members of the general public will be able to enjoy the proposed other community benefit without paying for its access, use of enjoyment. Flood mitigation and trail improvements to Shoal Creek can be enjoyed by the public at no cost. AUS-5948435-3 6059370/9 (b)(ii): if the proposed community benefit will connect to and be accessible from public right-of- way or other publicly-accessible space. (b)(iii): if the proposed other community benefit will provide a public amenity that is particularly lacking in the proposed location. The Shoal Creek Trail is accessible by public right of way. The Shoal Creek suffers from a number of major challenges, including high flood risk. Flood risk is a major concern to residents of the Lower Shoal Creek neighborhood and this community benefit targets that concern. Additionally, Shoal Creek Trail suffers from erosion, graffiti, and vegetative overgrowth, among other issues, which makes it undesirable for recreational use. Improvements to the Trail will help to increase its use by local residents. (b)(iv): if the proposed other community benefit will impose a significant burden on public resources for maintenance, management, policing, or other reasons. This community benefit will help alleviate the burden on public resources for maintenance and management of Shoal Creek because it provides private funding for Creek improvements. Additionally, flood mitigation can help to reduce the public resources spent on flood damage. AUS-5948435-3 6059370/9 CITY COUNCIL DOWNTOWN DENSITY BONUS REQUEST SITE PLAN REVIEW SHEET CASE NUMBER: SP-2013-0454C CITY COUNCIL HEARING DATE: May 22, 2014 PLANNING COMMISSION HEARING DATE: April, 22, 2014 PROJECT NAME: 5th & West ADDRESS: 718 W. 5th Street APPLICANT: AGENT: Riverside Resources Investments II, Ltd. (Nikelle Meade) Husch Blackwell, LLP. 111 Congress Ave., Suite 1400 Austin, TX 78701 Texas Press Association (Michael Hodges) 718 W. 5th Street Austin, Tx 78701 CASE MANAGER: Nikki Hoelter nikki.hoelter@austintexas.gov Phone: (512) 974-2863 URBAN DESIGN STAFF: Jim Robertson jim.robertson@austintexas.gov Phone: (512) 974-3564 NEIGHBORHOOD PLAN: Downtown PLANNING COMMISSION RECOMMENDATION: The motion to approve staff’s recommendation and to include the Capital View Corridor was approved by Commissioner Alfonso Hernandez, Commissioner Richard Hatfield seconded the motion on a vote of 7- 0; Commissioner Brian Roark was absent, Commissioner Myron Smith resigned from the Commission. PROPOSED DEVELOPMENT: The applicant is requesting administrative approval for the construction of a 40 Story, multi-family residential building, which will include retail on the ground floor, garage parking and streetscape improvements. PROJECT REQUEST: 1. Make a recommendation to the City Council on the use of the other community benefits in accordance with LDC Section 25-2-586(E)(1)-(11) and Section 25-2-586(E)(12(f). 2. In accordance with LDC Section 25-2-586(B)(6), make a recommendation to the City Council on a request for additional floor to area ratio (FAR) from 15:1 to 20:1 for a proposed multi-family high rise project that has participated in the Downtown Density Bonus Program and is processing a request for bonus area up to 15:1 FAR to be granted administratively. SUMMARY STAFF RECOMMENDATION: Note: Because there are frequent references to LDC Section 25-2-586(B)(3) and (B)(6) and Figure 2 (referenced in (B)(3)), we have attached those pages to this recommendation. 1. Staff Recommendation Regarding Gatekeeper Requirements: The applicant has provided documentation sufficient to meet the Gatekeeper Requirements contained in Section 25-2-586(C)(1). • The applicant has committed to providing streetscape improvements consistent with the Great Streets Standards. • The applicant has committed to achieve a minimum Two-Star rating under the Austin Energy Green Building Program. • The applicant has provided documentation indicating substantial compliance with the Urban Design Guidelines. 2. Staff Recommendation Regarding Community Benefits: The applicant seeks a total “Bonus Area” (defined by Section 25-2-568(A)(1) as “the gross floor area that exceeds the maximum floor-to-area ratio allowed with the site’s primary entitlements”) of 12.0 FAR. That Bonus Area of 12.0 FAR can be thought of as having two parts: (1) the 7.0 FAR between the parcel’s primary entitlement of 8.0 and the maximum FAR of 15.0 allowed under 25-2-568(B)(3); and (2) the 5.0 FAR between the 15.0 allowed under 25-2-568(B)(3) and the 20.0 sought for the project as a whole. The applicant has proposed to achieve the 12.0 FAR of Bonus Area as follows: • 2.0 FAR: Austin Energy 3-Star Green Building. • 6.0 FAR: Fee-in-lieu payment of $499,860 for affordable housing. • 4.0 FAR: A contribution of $333,240 towards improvements along lower Shoal Creek. Thus, the applicant has met the requirement of Section 25-2-586(B)(3)(d)(1) of offering community benefits “above” those offered to achieve the 15.0 FAR allowed in Figure 2. Staff Recommendation Regarding the Appropriateness of the Project’s Proposed 20.0 FAR: Section 25-2-586(B)(6) does not provide any specific criteria upon which to base a staff recommendation with respect to a request to exceed by 5.0 FAR the maximum FAR of 15.0 identified in 25-2-586(B)(3) and Figure 2. In the absence of specific criteria, staff’s recommendation was arrived at as follows. The Downtown Austin Plan (DAP) embodies two basic concepts pertinent to this analysis. • On the one hand, the DAP envisions a Downtown with “a dense and livable pattern of development that supports a vibrant day and nighttime environment” (DAP, p. 2), and recommends that the “City should continue to encourage high-density development that contributes to the economic vibrancy of the region and that helps to achieve other Downtown objectives” (DAP, p. 103). • On the other hand, the DAP recognizes and underscores that “Downtown is not a monolithic or homogenous place,” but rather is a series of sub-areas “with different uses and activities, building types and heights and property ownership patterns” (DAP, p. 31). This dichotomy – reflecting the tension between encouraging Downtown density while honoring the character of different Downtown “districts” – was reflected in the July 2009 “Downtown Density Bonus Program” report, which was the source of the Density Bonus Program and Figure 2. That report identified six “fundamental principles” for a Density Bonus Program, which included Principle 1, “Density Should Be Encouraged” and Principle 5, “Additional density should be allowed only where appropriate and compatible.” Figure 2 – the map identifying the maximum FARs and heights that could be achieved within the Density Bonus Program – attempted to strike a proper balance between these two goals, and was the product of substantial community input combined with the urban planning and design judgment of the project team. Taking the same “balancing act” approach towards evaluating the proposed project at 5th Street and West Avenue, staff took into account the specific location of the project. That location is in a zone identified by Figure 2 as having a maximum administratively-approved FAR of 15.0 Further, that location falls about midway between two adjacent zones containing different FAR maximums: to the west is a zone with a maximum FAR of 5.0; to the east is a zone with a maximum FAR of 25.0. Considering that a project within the 15.0 FAR zone could be administratively granted an FAR of 15.0 immediately adjacent to the 5.0 FAR zone, it would seem logical that a project halfway from that location to the edge of the 25.0 FAR zone might be granted an FAR of 20.0. Taking all of that into consideration, staff recommends in favor of the request for 20.0 FAR. By adopting Section 25-2-586(B)(6) the City Council clearly assigned to the Planning Commission the role of providing its own recommendation, and reserved for itself (Council) the right to grant FAR that exceeds the maximum FAR allowed in Figure 2. PROJECT INFORMATION SITE AREA EXISTING ZONING WATERSHED WATERSHED ORDINANCE TRAFFIC IMPACT ANALYSIS Not required CAPITOL VIEW CORRIDOR PROPOSED ACCESS FLOOR-AREA RATIO BUILDING COVERAGE IMPERVIOUS COVERAGE PARKING .406 acres 17,685 square feet CBD Town Lake (Urban) Comprehensive Watershed Ordinance (Urban) Lamar Boulevard West 5th and West Avenue Allowed/Required Existing Proposed 0 8:1 0 100% 0% 100% 0 184 0 16,335 SF/ 97.9% 100% 272 EXISTING ZONING AND LAND USES Site North South East West ZONING CBD CBD CBD CBD CBD-CO & DMU LAND USES Office Office Multi-family Office Multi-family and Office ABUTTING STREETS Street W. 5th West Avenue Right-of-Way Width Pavement Width Classification Arterial Attachment B June 19, 2015 Attachment D PLANNING AND ZONING DEPARTMENT Staff verification of revised FAR calculations based on filed restrictive covenant for 5th & West Downtown Density Bonus Request Project Information Base FAR Base sq. ft. Total Base sq. ft. Actual FAR Requested Bonus FAR Bonus sq. ft. 50% Affordable Housing (AH) AH sq. ft. ($5/sq. ft.) 3* Green Building sq. ft. Other Community Benefits (Contribution to PW for Shoal Creek) in sq. ft. 8:01 16,662 133,296 19.62:1 11.62:1 193,612.44 96,806.22 $ 484,031.10 33,324 63,482.22 PW shoal Creek sq. ft. ($5/sq.ft.) $ 317,411.10 Total contributions $ 801,442.20 Notes (5.81 FAR) Contribution to AH (2 FAR) (3.81 FAR) falls under (Other Community benefits) Contribution to COA for Shoal Creek improvements FIFTH + WEST FLOOR 20:1 ± 430’ AUSTIN CITY LOFTS 37 36 35 34 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 15:1 ± 360’ 8:1 ± 220’ 160’ C V C H E I G H T L I M I T S E C T I O N V I EW 6TH ST S H O A L C R E E K E V A T S E W AUSTIN CITY LOFTS FIFTH + WEST 5TH ST P L A N V I EW O R C A PIT A L VIE W C O R RID I R O G R A N D E S T e u n e v A t s e W Street trees Paving band to extend into sidewalk Steps up to lobby entrance Entry paving to extend from lobby Water Feature / Decorative Gravel Landscape Terraces Covered Patio Double Sided Fireplace Overlook Fountain / Waterwall NORTH 0’ Scale: 1”=10’ 5’ 10’ West 5th Street 5th and West Austin, TX studio Outside February 24, 2014 LOOKING NORTHWEST LOOKING NORTHEAST LOOKING SOUTHEAST LOOKING SOUTHWEST Aus(cid:415) n Design Commission To: City of Aus(cid:415) n Staﬀ From: Aus(cid:415) n Design Commission Re: Review of W. 5th & West Project for substan(cid:415) al compliance with the Urban Design Guidelines Mee(cid:415) ng date: February 24, 2014 Applicant: Riverside Resources March 3, 2014 The applicant is seeking a density bonus to raise the FAR from 8:1, past the allowable 15:1 to 20:1 FAR. The project is in a ﬂ oodplain and is on a site sized approximately one quarter of a city block. The applicant reported to have been working with the surrounding community groups to ﬁ ne-tune the list of community beneﬁ ts oﬀ ered in connec(cid:415) on with the density bo- nus sought. This list includes extending Great Streets improvements along both sides of West between 5th and 6th. Posi(cid:415) ve a(cid:425) ributes of the project address plazas and open space with the green roof deck and contribu(cid:415) ons to Shoal Creek. Addi(cid:415) onally extension of Great Streets im- provements is regarded as posi(cid:415) ve. Concerns primarily center on the manner in which the building and the spaces with- in relate to the streetscape on both West 5th and West Avenue. The Working Group discussed possibili(cid:415) es of more engaging building materials and a kiosk type space at sidewalk eleva(cid:415) on. We recommend that the project, as presented, is not in substan(cid:415) al compliance with the Urban Design Guidelines. The ﬂ oodplain seems to create unique diﬃ cul(cid:415) es for the project to address the streetscape as outlined in the Urban Design Guidelines. The project does not substan(cid:415) ally meet guidelines of reinforcing pedestrian ac(cid:415) vity, enhancing the streetscape, , and providing pedestrian oriented uses at street level. The Commission requests that Riverside Resources modify the design’s interface with the public streetscape in such a way that the design provide for infrastructure which would support public uses in the spirit of the Great Streets program so as to ac(cid:415) vate the pedestrian realm. Infrastructural improvements should include, but not be limited to, provision for uses that would accommodate and encourage an animated public realm in which elements such as: pedestrian-scaled ligh(cid:415) ng in the areas in front of the proposed development, along with sea(cid:415) ng, together with sales kiosks, be designed to be compa(cid:415) ble with the architectural character of the project. It is the sense of the Design Commission that if these criteria are met, then substan(cid:415) al compliance could be achieved. Respec(cid:414) ully, Dean Almy, Chair City of Aus(cid:415) n Design Commission 5th & West DB Review - Page 1 of 1 Dean Almy, Chair Evan Taniguchi, Vice Chair Hope Hasbrouck, Secretary Juan Cotera James Shieh Bart Whatley Jeannie Wiginton George Adams Execu(cid:415) ve Liaison Jorge E. Rousselin Staﬀ Liaison Fifth and West Residences_ Design Commission URBAN DESIGN GUIDELINES Area Wide Guidelines Project meets 6 of applicable 9 Guideline AW-1: Create dense development AW-2. Create mixed-use development AW-3. Limit development which closes downtown streets AW-4. Buffer neighborhood edges AW-5. Incorporate civic art in both public and private development AW-6. Protect important public views AW-7. Avoid historical misrepresentations AW-8. Respect adjacent historic buildings AW-9. Acknowledge that rooftops are seen from other buildings and the street AW-10. Avoid the development of theme environments AW-11. Recycle existing building stock Achieved? X Notes 20:1 FAR Small lot; burdened by floodplain X N/A X X Project does not close any streets or alleys No adjacent neighborhood streets Proposed mitigation: none Complies with Capitol View Corridor Does not mimic past architectural style N/A No adjacent historic buildings X X Mechanical equipment screened on roof; pool deck on roof of parking garage Project is not a theme environment Proposed mitigation: none Public Streetscape Guidelines Project meets 11 of applicable 12 Guideline PS-1. Protect the pedestrian where the building meets the street PS-2. Minimize curb cuts PS-3. Create a potential for two-way streets PS-4. Reinforce pedestrian activity Achieved? X X X X PS-5. Enhance key transit stops N/A AUS-5946645-1 6059370/9 Notes Clear sidewalk; not interrupted by columns Only one curb cut on each street Parking garage entrances/ exits designed for two-way street use Coffee kiosk on 5th Street; Great Streets streetscaping on 5th St. and West Ave. and outdoor living room and terrace will improve the pedestrian experience in the neighborhood and support nearby retail No transit stops on the property Fifth and West Residences_ Design Commission PS-6. Enhance the streetscape PS-7. Avoid conflicts between pedestrians and utility equipment PS- 8. Install street trees PS- 9. Provide pedestrian-scaled lighting PS- 10. Provide protection from cars/promote curbside parking PS-11. Screen mechanical and utility equipment PS-12. Provide generous street-level windows PS-13. Install pedestrian-friendly materials at street level X X X X X X X Great Streets streetscaping on 5th St. and West Ave. Upgrading power poles; no utility boxes mounted on low poles Great Streets streetscaping on 5th St. and West Ave. Great Streets streetscaping on 5th St. and West Ave. Trees and benches on sidewalks offer protection All mechanical equipment is screened; dumpsters are hidden within the building; parking garage will be screened similar to the Whitley (photos attached) Street level windows are prohibited by 25-year flood plain regulations Masonry; variety of colors and textures Building Guidelines Project meets 6 of applicable 7 Guideline B- 1. Build to the street B- 2. Provide multi-tenant, pedestrian-oriented development at the street level B-3. Accentuate primary entrances B- 4. Encourage the inclusion of local character B- 5. Control on-site parking B- 6. Create quality construction B- 7. Create buildings with human scale Achieved? X X X X X X Notes Built to the property line Proposed mitigation: coffee kiosk on 5th Street; extend streetscape improvements; outdoor terrace and living room Entry is accentuated with monumental outdoor steps, a canopy, terraced planting, and water features Locally sourced materials for indoor and exterior use Partly underground parking; headlights are hidden; cars not visible from street; Car2Go memberships for residents Reinforced concrete frame; masonry; architectural metal panel systems; glass and aluminum window wall systems Multi-level building; terrace and outdoor living room on first level Plaza and Open Space Guidelines Project meets 2 of applicable 3 AUS-5946645-1 6059370/9 Fifth and West Residences_ Design Commission Guideline PZ-1. Treat the four squares with special consideration PZ- 2. Contribute to an open space network PZ- 3. Emphasize connections to parks and greenways PZ- 4. Incorporate open space into residential development (pool, deck, dog area) PZ- 5. Develop green roofs PZ- 6. Provide plazas in high use areas PZ- 7. Determine plaza function, size, and activity PZ- 8. Respond to microclimate in plaza design PZ- 9. Consider views, circulation, boundaries, and subspaces in plaza design PZ- 10. Provide an appropriate amount of plaza seating PZ- 11. Provide visual and spatial complexity in public spaces PZ- 12. Use plants to enliven urban spaces PZ- 13. Provide interactive civic art and fountains in plazas PZ- 14. Provide food service for plaza participants PZ- 15. Increase safety in plazas through wayfinding, lighting, & visibility PZ- 16. Consider plaza operations and maintenance Achieved? N/A Notes Property does not face a public square X N/A X N/A Donation to Shoal Creek Conservancy will in part be used to enhance accessibility of Shoal Creek Property is not adjacent to a park or greenway 5th floor pet deck; 6th floor pool and amenity terrace Proposed mitigation: 3-Star AEGB rating; high efficiency mechanical system; high efficiency light fixtures; elective vehicle charging stations Project is not an urban plaza N/A Project is not an urban plaza N/A Project is not an urban plaza N/A Project is not an urban plaza N/A Project is not an urban plaza N/A Project is not an urban plaza N/A Project is not an urban plaza N/A Project is not an urban plaza N/A Project is not an urban plaza N/A Project is not an urban plaza N/A Project is not an urban plaza Total number of Urban Design Guidelines: 47 Number of Guidelines applicable to Fifth and West Residences: 31 Number of Guidelines met by Fifth and West Residences: 25 AUS-5946645-1 6059370/9 Response to Design Commission Recommendations Kiosk on sidewalk The project will include a retail kiosk on the 5th Street sidewalk, which will be operated by a third party. Because the kiosk will be located on the sidewalk, Riverside will seek necessary City approvals including a license agreement, or, if available, a permit for the kiosk and seating area to be located in the right of way. This kiosk will cater to pedestrians and activate the sidewalk. Example of a sidewalk kiosk is attached. Seating on sidewalk The retail kiosk will also be accompanied by café style tables and chairs on the sidewalk to be used by pedestrians and patrons of the sidewalk kiosk. Programmatic and pedestrian-scaled lighting Along with activating the street with a retail kiosk and outdoor seating the project will also consist of a variety of energy efficient pedestrian scaled fixtures. These will include in-grade accent lights, a variety of small bollard lights, and soft lights to accentuate the landscape design. The lower portion of the building will include some signature lighting to highlight architectural features without polluting the sky with an abundance of light. AUS-5949059-1 AUS-5949059-1 5th West DDBP Request Staff Review of Susbstantial Compliance with UD Guidelines Area Wide Guidelines Guideline AW‐1: Create dense development AW‐2. Create mixed‐use development AW‐3. Limit development which closes downtown streets AW‐4. Buffer neighborhood edges AW‐5. Incorporate civic art in both public and private development AW‐6. Protect important public views AW‐7. Avoid historical misrepresentations AW‐8. Respect adjacent historic buildings AW‐9. Acknowledge that rooftops are seen from other buildings and the street AW‐10. Avoid the development of theme environments AW‐11. Recycle existing building stock Public Streetscape Guidelines PS‐1. Protect the pedestrian where the building meets the street 1 2 3 4 5 6 7 8 9 10 11 12 13 PS‐2. Minimize curb cuts 14 PS‐3. Create a potential for two‐ way streets 15 PS‐4. Reinforce pedestrian activity Achieved? (Yes/No) COA Staff Notes Yes Yes Yes No No Yes Yes No Yes Yes No Project will achieve up to 20:1 FAR in a compact site Applicant has proposed a mixe of retail uses on the ground floor Project does not propose to close any streets or alleys No adjacent neighborhood streets No civic art is propsoed The projec tlies within the CVC and will comply with height limitaitons of such Does not mimic past architectural style There are no adjacent historic buildings Mechanical equipment screened on roof; pool deck on roof of parking garage Project is not a theme environment No existing building will be recycled AW Guidelines Met: 7 Yes Yes Yes Yes Clear sidewalk; not interrupted by columns Only one curb cut on each street Parking garage entrances/ exits designed for two‐way street use Coffee kiosk on 5th Street; Great Streets streetscaping on 5th St. and West Ave. and outdoor living room and terrace will improve the pedestrian experience in the neighborhood and support nearby retail 16 PS‐5. Enhance key transit stops No No transit stops on the property 5th West DDBP Request Staff Review of Susbstantial Compliance with UD Guidelines 17 PS‐6. Enhance the streetscape 18 PS‐7. Avoid conflicts between pedestrians and utility equipment 19 PS‐ 8. Install street trees 20 PS‐ 9. Provide pedestrian‐scaled lighting 21 PS‐ 10. Provide protection from cars/promote curbside parking 22 PS‐11. Screen mechanical and utility equipment 23 24 PS‐12. Provide generous street‐ level windows PS‐13. Install pedestrian‐friendly materials at street level Building Guidelines B‐ 1. Build to the street B‐ 2. Provide multi‐tenant, pedestrian‐oriented development at the street level B‐3. Accentuate primary entrances B‐ 4. Encourage the inclusion of local character B‐ 5. Control on‐site parking B‐ 6. Create quality construction B‐ 7. Create buildings with human scale Yes Yes Yes Yes Yes Yes No Yes Great Streets streetscaping on 5th St. and West Ave. Upgrading power poles; no utility boxes mounted on low poles Great Streets streetscaping on 5th St. and West Ave. Great Streets streetscaping on 5th St. and West Ave. Trees and benches on sidewalks offer protection All mechanical equipment is screened; dumpsters are hidden within the building; parking garage will be screened similar to the Whitley (photos attached) Street level windows are prohibited by 25‐ year flood plain regulations Masonry; variety of colors and textures PS Guidelines Met: 11 Yes Yes Yes Yes Yes Yes Yes Built to the property line Proposed mitigation: coffee kiosk on 5th Street; extend streetscape improvements; outdoor terrace and living room Entry is accentuated with monumental outdoor steps, a canopy, terraced planting, and water features Locally sourced materials for indoor and exterior use Partly underground parking; headlights are hidden; cars not visible from street; Car2Go memberships for residents Reinforced concrete frame; masonry; architectural metal panel systems; glass and aluminum window wall systems Multi‐level building; terrace and outdoor living room on first level Building Guidelines Met: 7 5th West DDBP Request Staff Review of Susbstantial Compliance with UD Guidelines Plaza and Open Space Guidelines PZ‐1. Treat the four squares with special consideration PZ‐ 2. Contribute to an open space network PZ‐ 3. Emphasize connections to parks and greenways PZ‐ 4. Incorporate open space into residential development (pool, deck, dog area) PZ‐ 5. Develop green roofs PZ‐ 6. Provide plazas in high use areas PZ‐ 7. Determine plaza function, size, and activity PZ‐ 8. Respond to microclimate in plaza design PZ‐ 9. Consider views, circulation, boundaries, and subspaces in plaza design PZ‐ 10. Provide an appropriate amount of plaza seating PZ‐ 11. Provide visual and spatial complexity in public spaces PZ‐ 12. Use plants to enliven urban spaces PZ‐ 13. Provide interactive civic art and fountains in plazas PZ‐ 14. Provide food service for plaza participants PZ‐ 15. Increase safety in plazas through wayfinding, lighting, & visibility PZ‐ 16. Consider plaza operations and maintenance No Yes No Yes No No No No No No No No No No No No Property does not face a public square Donation to Shoal Creek Conservancy will in part be used to enhance accessibility of Shoal Creek Property is not adjacent to a park or greenway 5th floor pet deck; 6th floor pool and amenity terrace Proposed mitigation: 3‐Star AEGB rating; high efficiency mechanical system; high efficiency light fixtures; elective vehicle charging stations Project is not an urban plaza Project is not an urban plaza Project is not an urban plaza Project is not an urban plaza Project is not an urban plaza Project is not an urban plaza Project is not an urban plaza Project is not an urban plaza Project is not an urban plaza Project is not an urban plaza Project is not an urban plaza PZ Guidelines Met: 2 5th West DDBP Request Staff Review of Susbstantial Compliance with UD Guidelines Conclusions Total number of Urban Design Guidelines Number of Guidelines applicable to Fifth and West Residences: 31 Number of Guidelines met by Fifth and West Residences: 25 47 31 25 2013 COMMERCIAL RATING SCORECARD PLANNER PROJECT NAME AEGB COMMERCIAL RATING STAR LEVELS 1 Star 2 Stars 3 Stars 4 Stars 5 Stars Basic Requirements 35 - 44 points 45 - 54 points 55 - 74 points 75 points or more TOTAL POINTS MARKED YES RATING ANTICIPATED SUMMARY TOTAL POINTS MARKED YES AND MAYBE RATING ANTICIPATED 29 1 Star 80 5 Stars MEASURE POINTS AVAILABLE YES MAYBE NO NOTES RESPONSIBLE PARTY BASIC REQUIREMENTS 1. Plans & Specifications Req'd YES Plans must be approved by AEGB for building permit application GDA 2. Current Codes & Regulations Req'd YES 3. Building Systems Commissioning Req'd YES 4. Building Energy Performance Req'd YES 5. Outdoor Water Use Reduction Req'd YES 6. Indoor Water Use Reduction Req'd YES 7. Low-Emitting Materials - Interior Paints & Coatings Req'd YES 8. Storage & Collection of Recyclables Req'd YES 9. Construction Waste Management Req'd YES INTEGRATED DESIGN 1. Integrated Project Design 2 INTEGRATED DESIGN SUBTOTALS SITE 1. Environmental Sensitivity 2. Desired Development 2 2 0 2 2 2 2 0 Perform energy and water related analysis to inform team on natural environment impact while preparing Owner's Project Requirments and Basis of Design. Refer to page 19 of Guide. Points for redevelopment instead of building on new site Site is located within Urban watershed Desired Development Zone VERSION 2013 1 MEASURE POINTS AVAILABLE YES MAYBE NO NOTES RESPONSIBLE PARTY 3. Density 4. Diverse & Walkable Communities 5. Brownfield Redevelopment 6. Site Specific Design 7. Public Transportation 8. Bicycle Use 9. Parking Capacity 10. Electric Vehicle Charging Station 11. Protect & Restore Habitat 12. Beneficial Open Space 13. Access to Local & Regional Produce 14. Heat Island Reduction 15. Light Pollution Reduction 16. Integrated Pest Management ENERGY 1. Building Energy Performance 2. Renewables 3. Additional Commissioning 4. Advanced Energy Metering 5. Demand Response 6. Green Energy 2 1 1 3 1 1 2 1 1 1 1-3 1 1 1 1 1 1 1 1 1 SITE SUBTOTALS 13 3 3 1-16 1-4 1-3 1 2 2 1 1 1 1 1 1 1 1 8 1 2 2 Site would need Phase II showing actionable pollution - not just suspected. 20% less parking than the minimums per Land Development Code Chapter 25-6 Appendix A-1 Charging stations to be install for this point Would need to add 30% of site area as green area with native or adapted vegetation plants. 30% site area for commual area Partnership with local produce company Covered parking gets this point Possible point for not providing up-lighting fixtures exceeding 50 watts each Property Management to ensure they control with least toxic methods. 0 1 Assuming 10% reduction. Whitley started out as 14%, but ended up at 6%. Need to manage insulation, glass and equip selections Need to generate 1% renewable electricity with solar or wind on highrise To be provided Need recording meters for all units and base building Enroll in program to shed 20% or at least 20KW. May be achievable by shutting off common area lighting Available if necessary VERSION 2013 2 YES MAYBE NO NOTES RESPONSIBLE PARTY To be determined 1 MEASURE 7. District Cooling WATER 1. Outdoor Water Use Reduction 2. Building Water Use Reduction 3. Process Water Use Reduction 4. Stormwater Management POINTS AVAILABLE 1 ENERGY SUBTOTALS 6 1-3 1-6 1-2 1-2 1 6 3 6 2 2 WATER SUBTOTALS 0 13 0 INDOOR ENVIRONMENTAL QUALITY (IEQ) 1. Indoor Chemical & Pollutant Source Control 2. Green Housekeeping 3. Daylighting - Design 4. Daylighting - Controls 5. Views to the Outside 6. Individual Controllability 7. Low-Emitting Materials Interior Sealants & Adhesives Flooring Systems Composite Wood & Agrifiber Products 1 1 1 1 1 1 1 1 Insulation 1-5 1 Ceiling & Wall Systems Furniture Exterior Applied Products 1 1 1 1 1 1 1 1 1 1 No irrigation is 3 points, 50% reduction is 1 point 6 points if the fixture list includes WC 1.28gpf, bathroom and kitchen faucets 2.2gpm and shower 2.5gpm Energy star rated clothes washer, and compliant cooling tower if no district chilled water. Treat (sand oil separator) or capture (green roof) 50% of storm water volume. exhaust janitor, chemical closets. hepa filters on vacums, less than 70bD motors, non-toxic chemicals Daylight provides between 25 and 300FC from 9am to 3pm June 21 for 75% of the regularly occupied space. 75% regularly occupied space has view to outdoors between 2'6" to 7'6" achievable with carpet and vinyl no formaldehyde all drywall must meet California Dept of Public Health Standard v1.1- 2010 VERSION 2013 3 MEASURE POINTS AVAILABLE YES MAYBE NO NOTES RESPONSIBLE PARTY 1 1 1 1 1 1 1 1 No interior vinyl, install effective building envelope,design building to be positively pressurized at all times. interior noise must not exceed 45dBA or 70dBC 10" Walk-off matts at all entrances, including garage, and prohibited smoking During construction, need photos, MERV filters, showing protection of all finishes and equipment. IEQ SUBTOTALS 3 11 3 8. Moisture Protection 9. Acoustic Quality 10. Outdoor Pollutant Control 11. Construction Indoor Air Quality MATERIALS & RESOURCES 1. Additional Construction Waste Management 2. Building Materials Use Reduction 3. Sustainably Sourced Material 4. Certified Wood 5. PVC & Phthalate Free Material 1 1-3 1-6 1 1 3 MATERIALS & RESOURCES SUBTOTALS 3 EDUCATION & EQUITY EDUCATION & EQUITY 1. Educational Outreach 2. Construction Worker Equity 2 1 EDUCATION & EQUITY SUBTOTALS INNOVATION 1. Innovation #1 2. Innovation #2 3. Innovation #3 4. Innovation #4 5. Innovation #5 1 1 1 1 1 0 1 1 1 1 divert 75% by weight from landfill. Met this with demolished building. Diverted concrete, offset drywall to landfill Can achieve this with a life cycle cost analysis comparing your new building to a reference building. Steel, stone and concrete helped with this point 1 3 3 1 1 9 2 2 0 1 1 public transportation waste diversion with compost or recycling extra bicycle storage additional green energy for $1,000 to be determined. GRAND TOTAL POINTS 100 INNOVATION SUBTOTALS 4 29 0 51 0 5 VERSION 2013 4 ORDINANCE NO. 20140522-077 AN ORDINANCE GRANTING ADDITIONAL FLOOR-TO-AREA RATIO UNDER THE DOWNTOWN DENSITY BONUS PROGRAM FOR A PROJECT LOCATED AT 718 W. 5™ STREET. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: P A R T I. Findings. (A) Riverside Resources Investments II, Ltd., a Texas Limited Company, (Applicant) has applied to the City Council for additional floor-to-area ratio under Section 25-2-586(B)(6) of the Downtown Density Bonus Program for the development of Site Plan No. SP-2013-0454C (the "Project"), located at 718 West 5"^ Street as further described on the attached legal description labeled as Exhibit "A". (B) The Applicant has offered other community benefits under Section 25-2-586 (E)(12) of the Downtown Density Bonus Program in order to earn bonus area, and the City Council approves the use of the other community benefits to earn bonus area. (C) The AppUcant has complied with all requirements of Section 25-2-586(B)(6) of the Downtown Density Bonus Program and the additional floor-to-area ratio should be granted because doing so will substantially further the goals of the Downtown Austin Plan and the Imagine Austin Comprehensive Plan. PART 2. Under the authority of Section 25-2-586(B)(6) of the Downtown Density Bonus Program, the City Council grants an additional floor-to-area ratio of 5:1 to the Project. PART 3. The granting of the additional floor-to-area ratio allows the Project to increase its floor-to-area ratio from 15:1 to a maximum of 20:1. PART 4. The City Council grants this additional floor-to-area ratio on the express condition that the Project be constmcted in accordance with Site Plan No. SP-2013- 0454C that is on file at the office of the director of the Department of Planning and Development Review. If this site plan expires without the Project being built or if the Applicant does not build the Project in accordance with the site plan, then this ordinance expires and is of no effect. Page 1 of 2 PART 5. This ordinance takes effect on June 2, 2014. PASSED AND APPROVED May 22 ., 2014 § L^5 L'effingwell Mayor APPROV ATTESTS Karen M. Kenmard ;;ity Attorney Jannette S. Goodall City Clerk Page 2 of 2 0.383 ACRE RIVERSIDE RESOURCES 718 WEST 5TH STREET EXHIBIT A DESCRIPTION FN NO. 13-349(MJJ) AUGUST 8, 2013 BPI JOB NO. R0103075-10017 OF A 0 383 ACRE TRACT OF LAND SITUATED IN THE CITY OF AUSTIN TRAVIS COUNTY, TEXAS, BEING LOT 1 AND THE WEST 57 FEET OF LOT 2 ™ CK 49 S G I N AL CITY OF AUSTIN, AS SHOWN ON THE PLAT ON J^LE AT THF GENERAL LAND OFFICE OF THE STATE OF TEXAS; SAID 0.383 ACRE ?^CT ^F ^ D ™ I NG MORE PARTICULARY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a c ut «X" found in concrete at t he i n t e r s e c t i on of t he n o r t h e r ly r i g h t - o f - w ay l i ne of West 5 th S t r e et (80 R-O-^W ) w i th t he e a s t e r ly r i g h t - o f - w ay l i ne of West Avenue (80 R.O.W. , b e i ng t he s o u t h e a s t e r ly corner of s a id Lot 1, f or t he southwesterly c o m er hereof; l i ne of s a id L ot 1, f or t he w e s t e r ly THENCE, N16°31'47"E, l e a v i ng t he n o r t h e r ly r i g h t - o f - w ay west 5 th S t r e e t, along t he e a s t e r ly l i ne of West Avenue, being t he w e s t e r ly l i ne hereof, a d i s t a n ce of 129.87 f e et to a 1/2 i n ch i r on r od w i th cap found in t he s o u t h e r ly r i g h t - o f - w ay l i ne of a 20 f o ot wide a l l e y, being t he n o r t h w e s t e r ly corner of s a id L ot 1, f or t he n o r t h w e s t e r ly corner hereof; l i ne of THENCE, S73°33i'08"E, l e a v i ng t he e a s t e r ly r i g h t - o f - w ay l i ne of West Avenue, along t he s o u t h e r ly r i g h t - o f - w ay l i ne of s a id 20 f o ot wide a l l ey being the n o r t h e r ly l i ne of s a id L ot 1 and t he n o r t h e r ly l i ne of a p o r t i on of Lot 2, f or t he n o r t h e r ly l i ne hereof, a d i s t a n ce of 128.25 f e et to a 1/2 i n ch i r on r od found at t he n o r t h w e s t e r ly c o m er of Lot A L.L. & P.S. H i r s c h f i e ld S u b d i v i s i o n, of r e c o rd in Book 69, Page 2 of t he P l at Records of T r a v is County, Texas, f or t he n o r t h w e s t e r ly corner hereof; l i ne of THENCE S16°29'08"W, l e a v i ng t he s o u t h e r ly r i g h t - o f - w ay s a id 20 f o ot wide a l l e y, along the w e s t e r ly l i ne of s a id Lot A, being t he e a s t e r ly l i ne hereof, a d i s t a n ce of 129.87 f e et to a 1/2 i n ch i r on r od w i th cap found in t he n o r t h e r ly r i g h t - o f - w ay l i ne of West 5 th S t r e e t, being t he s o u t h w e s t e r ly corner of s a id L ot A, f or the s o u t h e a s t e r ly c o m er hereof, from which a Punch Hole found m concrete in t he n o r t h e r ly r i g h t - o f - w ay l i ne of West 5 th S t r e et at t he southernmost s o u t h e a s t e r ly c o m er of s a id L ot A bears, S73°33'08"E, a distance of 49.92 f e e t; THENCE N73<'33'08"W, along t he n o r t h e r ly r i g h t - o f - w ay l i ne of West 5 th S t r e e t, being t he s o u t h e r ly l i ne of s a id Lot 1 and a p o r t i on of t he s o u t h e r ly l i ne of s a id L ot 2, f or t he s o u t h e r ly l i ne hereof a d i s t a n ce of 128.35 f e et to t he POINT OF BEGINNING, c o n t a i n i ng 0.383 acre (16,662 sq. f t .) of land, more or l e s s, w i t h in these metes and bounds. BURY+PARTNERS, INC. 221 WEST SIXTH STREET, SUITE 600 AUSTIN, TEXAS 78701 R.P.L.sHsf! STATE OF TEXAS {fiWARIv.lErinyjEZISKK',;