20250917-003: 1404 E Riverside Development Assessment Staff Report — original pdf

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BRIEFING SUMMARY SHEET DEVELOPMENT ASSESSMENT CASE NUMBER: CD-2025-0002 REQUEST: Presentation of a Development Assessment Report for 1404 E. Riverside Planned Unit Development (PUD), located at 1400 ½ and 1404 East Riverside Drive, within the Lady Bird Lake Watershed in District 3. DEPARTMENT COMMENTS: The applicant has submitted a development assessment for an approximately 2.62-acre mixed use project located on the north side of East Riverside Drive, with frontage onto Lady Bird Lake, approximately 500 feet east of the intersection of East Riverside Drive and IH-35 frontage road (see Case Map – Exhibit A). The property in question is currently undeveloped and was previously the Acton Business School property, zoned ERC-CMU. It is located within the Waterfront Overlay combining district (WO), the WO East Riverside subdistrict. It is designated as “Specific Regulating District” on the Future Land Use Map in the East Riverside/ Oltorf Combined Neighborhood Plan. The property is located within the Lady Bird Lake Watershed, which is classified as an Urban Watershed. The proposed PUD is in an area that includes the 100-year floodplain and Critical Water Quality Zone (CWQZ). The current alignment of the Austin Light Rail Phase 1 runs alongside the property on East Riverside Drive. The proposed PUD consists of a development proposing 381 residential units. The project will include an amendment to the approved Acton School Redevelopment site plan (SP-2021-0451C), which permits 222 multifamily units, inclusive of 15 on-site affordable units, and includes 44% of site area for parkland dedication (see Development Assessment Application Letter – Exhibit B). The applicant states that they are seeking CS, general commercial services, district zoning and site development regulations for the PUD. The PUD seeks to remove the maximum height limitations established in the Waterfront Overlay, East Riverside subdistrict, which will allow a height maximum of 180 feet for the site. Further, the PUD proposes to allow a maximum of 65% impervious cover. The PUD proposes a maximum FAR of 4:1. In the Applicant summary, there is a note that they seek to establish the baseline at 2:1 FAR for purposes of complying with the development bonus as it applies to Development Bonuses (Chapter 25-2, Subchapter B, Article 2, Division 5, Subpart B, Section 2.5); the applicant notes they seek to retain the already approved 15 on-site affordable units and will comply with Development Bonuses for any additional requirements (see PUD Land Use Plan – Exhibit C). The envisioned PUD proposal will seek twelve modifications from Land Development Code (see PUD Code Modifications Table – Exhibit D). The applicant has stated in the submittal materials that the project will meet all of the applicable Tier One PUD development standards, Tier One Additional Requirements, offer elements of superiority in eight Tier 2 categories (Open Space/Parkland; Environmental/Drainage; Austin Energy Green Building; Art; Community Amenities; Transportation; Building Design; Accessibility), and be in compliance with the Development Bonus subsection of the Code. Therefore, they 1 have stated that the proposed PUD will result in a superior development to that which could be developed under conventional zoning standards (see Superiority Chart – Exhibit E). Examples of proposed superiority include: providing for open space that is 10% above the minimum requirements; no development within the CWQZ; providing an art piece in a prominent location, by providing art directly from a local artist; providing on-site long-term bicycle parking at 150% of code requirements; and providing for in lieu donation for Affordable Housing per Land Development Code Chapter 25-2, Subchapter B, Article 2, Division 5, Subpart B, Section 2.5 -Development Bonuses. In addition to the allowed uses within the CS zoning district and within the Waterfront Overlay and East Riverside subdistrict, the applicant has proposed the following uses to be Permitted: Multifamily Residential. Further, these uses have been proposed to be Prohibited: Bed and breakfast residential; Hospital services; Adult-oriented businesses; Automotive rentals; Automotive repair services; Automotive sales; Automotive washing; Bail bond services; Business or trade school; Campground; Commercial blood plasma center; Construction sales and services; Convenience storage; Drop-off recycling collection facility; Electronic testing; Equipment repair services; Equipment sales; Extermination services; Funeral services; Kennels; Laundry services; Monument retail sales; Plant nursery; Printing and publishing services; Service station; Vehicular storage; Veterinary services; Custom manufacturing; Limited warehousing and distribution. The staff’s comments on the applicant’s Development Assessment submittal for this proposed PUD project are compiled in the Staff Comments Report for case CD-2025-0002 (see Staff Comments Report – Exhibit F). OWNER/APPLICANT: South Shore Apartments Owner LP AGENT: Drenner Group PC (Amanda Swor) Kimley-Horn (Sam Pheiffer, P.E.) ENVIRONMENTAL COMMISSION BRIEFING DATE: September 17, 2025 CITY COUNCIL BRIEFING DATE: TBD ASSIGNED STAFF: Marcelle Boudreaux Email: marcelle.boudreaux@austintexas.gov Phone: 512-974-8094 LIST OF ATTACHMENTS Exhibit A: Zoning Map Exhibit B: Applicant Summary Letter Exhibit C: PUD Land Use Plan Exhibit D: Proposed Code Modifications Exhibit E: Superiority Chart Exhibit F: Staff Comments Report 2 P-NP NASH HERNANDEZ SR RD P-NP P-NP ERC ERC T E S V O L N A M E R I V E R S I D E ERC D R ERC ERC O L D E A S T RIV IN GLE SF-3-NP W O O D ST E R SID E D R NO-MU-NP GR-MU-CO T S E V O L N A M SF-3-NP LR-NP SF-3-NP LR-MU-CO-NP LO-CO-NP LU PIN E L N SF-3-NP MF-2 T MIT S M U S SF-3-NP R D D N A L P U SF-3-NP ERC P N N I H I H N 3 5 I H 3 5 N B 3 5 S V R D S B N B S I H 3 5 S V R D N B P-NP S I H 3 5 S V R D S B SF-3-NP GO-ETOD-DBETOD-NP S I H S I H 3 5 3 5 S B N B GO-CO-ETOD-DBETOD-NP P M A R N A G A E R O T B S 5 3 H I S SF-3-NP ± SUBJECT TRACT ZONING BOUNDARY DEVELOPMENT ASSESSMENT CASE#: CD-2025-0002 EXHIBIT A 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 " = 287 ' This product has been produced by the Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. EXHIBIT B Amanda Swor direct dial: (512) 807-2904 aswor@drennergroup.com June 30, 2025 Ms. Lauren Middleton-Pratt Planning Department City of Austin 6310 Wilhelmina Delco Dr. Austin, TX 78752 Via Electronic Delivery Re: 1404 East Riverside PUD – Development Assessment for the 2.6-acre piece of property located at 1400 ½ and 1404 East Riverside Drive, Austin, Travis County, Texas (the “Property”) Dear Ms. Middleton-Pratt: As representatives of the owner of the Property, we respectfully submit the enclosed development assessment application package. The project is titled 1404 East Riverside PUD, consists of 2.62 acres, and is located at 1400 ½ and 1404 East Riverside Drive, approximately 500 feet east of the intersection of East Riverside Drive and the IH-35 frontage road. The Property also has frontage on Manlove Street. The Property is currently undeveloped and was previously the Acton Business School property. Following review of the development assessment, the owners intend to request the rezoning of the Property from ERC-CMU, East Riverside Corridor – Corridor Mixed Use subdistrict, to PUD, Planned Unit Development. The proposed project will include an amendment to the approved Acton School Redevelopment site plan, City of Austin case number SP-2021-0451C. The approved site plan permits 222 multifamily units. The proposed PUD will contain approximately 381 multifamily residential units, inclusive of the 15 on-site affordable housing units. The project will comply with the PUD ordinance for any additional affordable housing requirements. Approximately 44% of the site area, or 1.15 acres, was dedicated as parkland to the City of Austin per the approved site plan, as well as a fiscal payment of $108,983.43 for park improvements as well as $504,373.99 paid for additional fee-in-lieu. A Traffic Impact Analysis (TIA) will not be required as indicated in the attached TIA Determination Form executed by Nazlie Saeedi, dated June 26, 2025. The PUD is located in the East Riverside District of the Waterfront Overlay and will substantially comply with the Waterfront Overlay regulations; the modifications proposed are minor in nature and will not impact the superior project developed in close proximity to Lady Bird Lake. The proposed PUD is also located within the East Riverside/Oltorf Combined Neighborhood Planning Area with a Future Land Use Map (“FLUM”) designation of “Specific Regulating District;”. The PUD proposes to utilize the CS base district as the baseline for the PUD. As described in the attached superiority chart, the proposed PUD meets or exceeds all applicable Tier I and Tier II requirements as defined in the Land Development Code, thus resulting in a superior development that could not be achieved with conventional zoning. Please let me know if you or your team members require additional information or have any questions. Thank you for your time and attention to this project. Very truly yours, Amanda Swor cc: Joi Harden, Planning Department (via electronic delivery) Matthew Bunch, Mill Creek Residential (via electronic delivery) Jeb Cox, Mill Creek Residential (via electronic delivery) Dwayne Shoppa, Kimley-Horn (via electronic delivery) Sam Pheiffer, Kimley-Horn (via electronic delivery) Denny Simon, Ziegler Cooper (via electronic delivery) Axel Weisheit, Ziegler Cooper (via electronic delivery) Bobak Tehrany, BOE (via electronic delivery) Saba Hatami, BOE (via electronic delivery) Wesley Salazar, KW (via electronic delivery) Clifford Schaefer, KW (via electronic delivery) -2- EXHIBIT C N O R T H LEGEND PROPERTY LINE LIMITS OF CONSTRUCTION EXISTING OVERHEAD POWER LINE EXISTING WATER LINE EXISTING SANITARY SEWER LINE EXISTING STORM SEWER LINE EXISTING POWER POLE EXISTING FIRE HYDRANT EXISTING WATER METER EXISTING SANITARY SEWER MANHOLE EXISTING TREE TO BE REMOVED EXISTING TREE TO REMAIN EXISTING HERITAGE TREE TO REMAIN DEMOLITION OF PAVEMENT, CURB AND GUTTER, STRUCTURES, AND OTHER MISCELLANEOUS INFRASTRUCTURE ON-SITE WETLANDS LAND USE SUMMARY TABLE USE AREA MULTIFAMILY 441,968 GSF UNITS 381 FOR REVIEW ONLY Not for construction or permit purposes. Engineer P.E. No. SAMUEL T. PHEIFFER 131983 6/30/2025 Date E V O L N A M T E E R T S E. RIVERSIDE DR. SUBMITTAL DATE: 6/30/2025 ACREAGE: 2.62 AC LEGAL DESCRIPTION: TRACT 1: ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND BEING LOT A, PHIL MILLER ADDITION, A SUBDIVISION IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS AS RECORDED IN VOLUME 67, PAGE 97 OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS INCLUDING THAT PORTION OF EDGECLIFF STREET AS VACATED BY THE CITY OF AUSTIN BY ORDINANCE NO. 2004168038 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS. TRACT 2: ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND BEING A PORTION OF LOTS 24, 25, 26, AND 27 OF THE SUBDIVISION OF LOTS 2, 3, 4, AND PART OF 5, COLORADO RIVER PARK ADDITION, A SUBDIVISION IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS AS RECORED IN VOLUME 3, PAGE 98 OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS BEING THAT SAME 0.659 ACRE TRACT OF LAND AS CONVEYED TO LAKE RIVERSIDE INVESTMENTS, LP BY INSTRUMENT RECORDED IN DOCUMENT NO. 2006008633 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS. TRACT 3: ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF THE SANTIAGO DEL VALLE GRANT IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, BEING THAT CERTAIN VACATED PORTION OF EDGECLIFF STREET CONVEYED TO ACTON BUSINESS SCHOOL BY INSTRUMENT RECORDED IN DOCUMENT NO. 2006008632 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS. TRACT 4: ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND BEING A PORTION OF LOT 1 AND ALL OF LOTS 2, 3, 4, AND 5 OF THE SUBDIVISION OF LOTS 2, 3, 4, AND PART OF 5, COLORADO RIVER PARK ADDITION, A SUBDIVISION IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS AS RECORDED IN VOLUME 3, PAGE 98 OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS, THE HEREIN DESCRIVED TRACT BEING THAT SAME 1.1314 ACRE TRACT OF LAND CONVEYED TO ACTON BUSINESS SCHOOL BY INSTRUMENT RECORDED IN DOCUMENT NO. 2006008632 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS. FLOODPLAIN INFORMATION: A PORTION OF THIS SITE IS LOCATED WITHIN THE 100-YEAR FLOODPLAIN. FIRM PANEL NO. 48453C0605K, TRAVIS COUNTY, TEXAS AND INCORPORATED AREAS (EFFECTIVE DATE JANUARY 22, 2020). NOTES: 1. PUD BASELINE ZONING IS CS, GENERAL COMMERCIAL SERVICES. N A L P E S U D N A L T S A E 4 0 4 1 D U P E D S R E V R I I I R D E D S R E V R I . E 4 0 4 1 I N T S U A F O Y T C I S A X E T , Y T N U O C S V A R T I SHEET NUMBER 1 OF 3 LAND USE PLAN NOTES SITE DEVELOPMENT REGULATIONS AND CODE MODIFICATIONS: ENVIRONMENTAL: BUILDING DESIGN: 1. THE PUD IS SUBJECT TO THE SITE DEVELOPMENT REGULATIONS ASSOCIATED WITH THE CS ZONING BASE DISTRICT, EXCEPT AS MODIFIED ON THE LAND USE PLAN AND ASSOCIATED NOTES. THE CS ZONING BASE DISTRICT REGULATIONS SHALL BE ESTABLISHED AS THE BASELINE FOR DETERMINING DEVELOPMENT BONUS UNDER SECTION 25-2, SUBCHAPTER B, DIVISION 5, 1.4.1.C. 2. THE MAXIMUM HEIGHT FOR THE PUD MAY NOT EXCEED 180 FEET IN HEIGHT. SECTION 25-2-531, HEIGHT LIMIT EXCEPTIONS, STILL APPLY TO THE PUD. THIS 180-FOOT MAXIMUM HEIGHT SHALL BE ESTABLISHED AS A DEVELOPMENT BONUS UNDER SECTION 25-2, SUBCHAPTER B, DIVISION 5, 1.4.1.D. 3. THE MAXIMUM FLOOR TO AREA RATIO (FAR) IN THE PUD IS 4:1. THIS 4:1 FLOOR TO AREA RATIO SHALL BE ESTABLISHED AS A DEVELOPMENT BONUS UNDER SECTION 25-2-, SUBCHAPTER B, DIVISION 5, 1.4.1.D. 4. PERMITTED, CONDITIONAL AND PROHIBITED LAND USES SHALL BE CONSISTENT WITH THE CS BASE DISTRICT WITH THE FOLLOWING MODIFICATIONS: MULTIFAMILY RESIDENTIAL BED AND BREAKFAST RESIDENTIAL a. THE FOLLOWING ARE ADDITIONAL PERMITTED USES IN THE PUD: i. b. THE FOLLOWING ARE PROHIBITED USES IN THE PUD: i. ii. GUIDANCE SERVICES iii. HOSPITAL SERVICES iv. RESIDENTIAL TREATMENT v. ADULT-ORIENTED BUSINESSES vi. AUTOMOTIVE RENTALS vii. AUTOMOTIVE REPAIR SERVICES viii. AUTOMOTIVE SALES ix. AUTOMOTIVE WASHING x. BAIL BOND SERVICES xi. BUSINESS OR TRADE SCHOOL xii. CAMPGROUND xiii. COMMERCIAL BLOOD PLASMA CENTER xiv. CONSTRUCTION SALES AND SERVICES xv. CONVENIENCE STORAGE xvi. DROP-OFF RECYCLING COLLECTION FACILITY xvii. ELECTRONIC TESTING xviii. EQUIPMENT REPAIR SERVICES xix. EQUIPMENT SALES xx. EXTERMINATION SERVICES xxi. FUNERAL SERVICES xxii. KENNELS xxiii. LAUNDRY SERVICES xxiv. MONUMENT RETAIL SALES xxv. PLANT NURSERY xxvi. PRINTING AND PUBLISHING SERVICES xxvii. SERVICE STATION xxviii.VEHICULAR STORAGE xxix. VETERINARY SERVICES xxx. CUSTOM MANUFACTURING xxxi. LIMITED WAREHOUSING AND DISTRIBUTION 5. SECTION 25-2-734(C), (EAST RIVERSIDE SUBDISTRICT REGULATIONS) IS AMENDED TO ALLOW A MAXIMUM IMPERVIOUS COVER OF 65%. 1. AN INTEGRATED PEST MANAGEMENT PROGRAM THAT COMPLIES WITH SECTION 1.6.9.2(D) (PESTICIDES AND HERBICIDES) OF THE ECM, IS APPROVED ON THE SITE AND WILL BE IMPLEMENTED WITH PROJECT DEVELOPMENT. 1. THE PROJECT SHALL PROVIDE AN ART PIECE BY A LOCAL ARTIST IN A PROMINENT LOCATION THE PROJECT. SAID ART PIECE MAY BE INCORPORATED INTO ADDITIONAL ASPECTS OF THE PROJECT. 2. THE PROJECT SHALL ACHIEVE A THREE-STAR OR GREATER RATING UNDER THE AUSTIN ENERGY GREEN BUILDING PROGRAM USING THE APPLICABLE RATING VERSION IN EFFECT AT THE TIME A RATING REGISTRATION APPLICATION IS SUBMITTED FOR THE BUILDING. 2. THE PROJECT WILL ACHIEVE A MINIMUM OF SIX (6) POINTS UNDER THE BUILDING DESIGN OPTIONS OF SECTION 3.3.2 OF CHAPTER 25-2, SUBCHAPTER E (DESIGN STANDARDS AND MIXED USE). 3. 100% OF THE REQUIRED SITE STORMWATER SHALL BE TREATED USING WATER QUALITY METHODS ON SITE. 4. THE PROJECT SHALL CAPTURE AND TREAT OFF-SITE STORMWATER FROM IS CURRENTLY APPROXIMATELY 7,000 SQUARE FEET OF MANLOVE STREET THAT UNTREATED. SUCH WATER SHALL BE TREATED WITH INNOVATIVE WATER QUALITY CONTROLS AGREED TO BY THE LANDOWNER AND THE DIRECTOR OF THE WATERSHED PROTECTION DEPARTMENT. 5. ALL REQUIRED TREE PLANTINGS SHALL USE: a. NATIVE TREE SPECIES SELECTED FROM APPENDIX F (DESCRIPTIVE CATEGORIES OF TREE SPECIES) OF THE ENVIRONMENTAL CRITERIAL MANUAL; AND b. CENTRAL TEXAS NATIVE SEED STOCK AS APPROVED BY THE DIRECTOR OF DEVELOPMENT SERVICES DEPARTMENT. 6. THIS PROJECT WILL INCLUDE SEVERAL LANDSCAPE SOLUTIONS THAT MEET THE INTENT OF THE PENDING FUNCTIONAL GREEN REQUIREMENTS. THIS WILL BE ACHIEVED WITH THE INSTALLATION OF RAISED TERRACE GARDEN PLANTERS TO BE PLANTED WITH XERISCAPE PLANTINGS WITH A FOCUS ON POLLINATOR FRIENDLY SPECIES INCLUDING: a. SHRUBS: BLUE MISTFLOWER, WHITE MISTFLOWER, MILKWEED, TURKSCAP, FLAME ACANTHUS, CORALBEAN, RED YUCCA, TEXAS LANTANA, BEE BALM, MISC. SAGE SPECIES, TEXAS BETONY, ROCK PENSTEMON b. TREES: DESERT WILLOW, MOUNTAIN LAUREL, ORCHID TREE, REDBUD c. NO SINGLE SPECIES SHALL COVER MORE THAN 15% OF THE AVAILABLE PLANTING AREA TO INSURE BIODIVERSITY. 7. 100% OF ALL NON-TURF PLANT MATERIALS SHALL BE SELECTED FROM THE ENVIRONMENTAL CRITERIA MANUAL APPENDIX N (CITY OF AUSTIN PREFERRED PLANT LIST) OF THE “GROW GREEN NATIVE AND ADAPTIVE LANDSCAPE PLANTS GUIDE.” 8. THE PROJECT SHALL PROVIDE 150% OF THE CODE REQUIRED SHRUB AND/OR GROUNDCOVER STREETYARD PLANTINGS. 9. THE PROJECT SHALL MEET OR EXCEED THE LANDSCAPE REQUIREMENTS OF SUBCHAPTER E BY PROVIDING A DIVERSE MIXTURE OF LANDSCAPING AND UTILIZING DROUGHT-RESISTANT AND NON-TOXIC PLANTS. 3. THE PROJECT SHALL PROVIDE ACCESSIBILITY FOR PERSONS WITH DISABILITIES AT A LEVEL THAT EXCEEDS APPLICABLE LEGAL REQUIREMENTS BY PROVIDING 2.5% OF THE RESIDENTIAL UNITS ON THE PROPERTY TO MEET THE STANDARDS OF THE AMERICANS WITH DISABILITIES ACT (ADA) AS ACCESSIBLE UNITS. TO THE EXTENT THAT THE 2.5% CALCULATION RESULTS IN A FRACTION, THE NUMBER OF UNITS SHALL BE ROUNDED TO THE NEAREST WHOLE NUMBER. 4. THE PROJECT SHALL PROVIDE A WATER BOTTLE FILING/HYDRATION STATION THAT IS ACCESSIBLE TO THE PUBLIC. 5. THE PROJECT SHALL COMPLY WITH ARTICLES 4 AND 5 OF THE EAST RIVERSIDE CORRIDOR REGULATING PLAN AS MODIFIED WITHIN THIS PUD (SEE BELOW AND ASSOCIATED PUD NOTES), TOGETHER WITH ANY OTHER MODIFICATIONS ALLOWED WITH ALTERNATIVE EQUIVALENT COMPLIANCE DETERMINED DURING THE PUD APPROVAL PROCESS OF THE SITE DEVELOPMENT PERMIT APPROVAL PROCESS: a. (4.3.4) THE SUPPLEMENTAL ZONE ALONG RIVERSIDE DRIVE SHALL BE UP TO 80 FEET TO ALLOW FOR THE ENHANCED PEDESTRIAN AREA (SEE OPEN SPACE NOTE 3 AND OPEN SPACE PAGE); b. (4.3.3) BUILDING SHALL NOT BE REQUIRED TO BE BUILT TO THE SIDEWALK CLEAR ZONE TO ALLOW FOR THE ENHANCED PEDESTRIAN AREA (OSHA REGULATIONS DO NOT ALLOW BUILDING PLACEMENT DUE TO THE EXISTING OVERHEAD ELECTRIC LINES); c. (4.4.2) AUTOMOBILE PARKING REQUIREMENTS SHALL NOT APPLY TO THE PUD; d. (4.9.3.E.4) UP TO 100% OF REQUIRED OPEN SPACE MAY BE LOCATED ON A ROOF, BALCONY, OR OTHER AREA ABOVE GROUND LEVEL; AND e. (5.7.2) STREET-FACING FACADES AT THE 4 STEP BACK A MINIMUM OF 10 FEET. TH STORY SHALL NOT BE REQUIRED TO AFFORDABLE HOUSING: 1. TO SATISFY THE APPROVED 222 RESIDENTIAL UNITS, THE PUD SHALL PROVIDE 15 ON-SITE AFFORDABLE HOUSING UNITS TOTALING 8,568 SQUARE FEET, AT A MINIMUM. 2. THE PUD SHALL COMPLY WITH SECTION 2.5.2.B.2, REQUIREMENTS FOR EXCEEDING BASELINE, OF THE PUD REGULATIONS BY PROVIDING A FEE IN THE AMOUNT ESTABLISHED UNDER SECTION 2.5.6 (IN LIEU DONATION) FOR EACH SQUARE FOOT OF BONUS SQUARE FOOTAGE ABOVE THE BASELINE TO THE AFFORDABLE HOUSING TRUST FUND TO BE USED FOR PRODUCING OR FINANCING AFFORDABLE HOUSING, AS DETERMINED BY THE DIRECTOR OF THE HOUSING AND PLANNING DEPARTMENT FOR BONUS SQUARE FOOTAGE EXCEEDING WHAT IS ACHIEVED VIA THE 15 ON-SITE AFFORDABLE UNITS. FOR REVIEW ONLY Not for construction or permit purposes. 10. THE PROJECT SHALL CAPTURE ONSITE AIR CONDITIONER CONDENSATE. SUCH CONDENSATE SHALL BE STORED AND UTILIZED FOR PARTIAL IRRIGATION OF PROJECT LANDSCAPE. TRANSPORTATION: Engineer P.E. No. SAMUEL T. PHEIFFER 131983 6/30/2025 Date 11. THE PROJECT SHALL BE COMPLIANT WITH THE LEED PILOT BIRD COLLISION IN REGARD TO THE BIRD COLLISION THREAT RATING FOR DETERRENCE CREDIT REFLECTIVE GLASS WITHIN THE FAÇADE ZONE 1 AREA AS DEFINED BY LEED. 6. SECTION 25-2-734 (D), (EAST RIVERSIDE SUBDISTRICT REGULATIONS) IS AMENDED TO ALLOW A MAXIMUM HEIGHT OF 180 FEET. 12. THE PROJECT SHALL COMPLY WITH DARK SKY REGULATIONS FOR ALL EXTERIOR LIGHTING AND WILL NOT UP-LIGHT THE FAÇADE. 7. A WAIVER FROM TCM 9.4.1.D, RIGHT-OF-WAY MANEUVERING, IS APPROVED TO ALLOW FOR AN ONSIDE LOADING ZONE, TRASH/RECYCLE COLLECTION, AND ADJACENT TENANT LOADING SPACE ON MANLOVE STREET. NOTE: SUCH WAIVER WAS GRANTED WITH THE CURRENTLY APPROVED SITE DEVELOPMENT PERMIT ON THE PROPERTY. 13. THE PROJECT SHALL BE IN CONFORMANCE WITH THE AUSTIN ENERGY GREEN BUILDING STAR RATING SYSTEM LIGHT POLLUTION REDUCTION CRITERIA ST7 “LIGHT POLLUTION REDUCTION” AS OUTLINED IN THE 2022 COMMERCIAL RATING SYSTEM (OR LATEST APPLICABLE VERSION) FOR ALL BUILDINGS AND SITE LIGHTING. 8. A WAIVER TO DCM 4.1.0.A, IS APPROVED TO ALLOW AN ALTERNATIVE TYPE INLET. SUCH INLET SHALL BE APPROVED BY THE DIRECTOR OF WATERSHED PROTECTION DEPARTMENT AND THE DIRECTOR OF PUBLIC WORKS. 9. A WAIVER TO TCM TABLE 7-2 IS APPROVED TO ALLOW AN APPROXIMATELY 58-FOOT WIDE DRIVEWAY IN ORDER TO ACCOMMODATE TENANT INGRESS AND EGRESS, LOADING AND TRASH/RECYCLE COLLECTION. 10. A WAIVER TO TCM TABLE 7-5 IS APPROVED TO ALLOW FOR AN EMERGENCY ACCESS ONLY FIRE LANE WITH COLLAPSIBLE BOLLARDS AND MOUNTABLE CURB ON RIVERSIDE DRIVE. NOTE: SUCH WAIVER WAS GRANTED WITH THE CURRENTLY APPROVED SITE DEVELOPMENT PERMIT ON THE PROPERTY. 11. SECTION 25-8-642(C),(ADMINISTRATIVE VARIANCE) TO ALLOW ADMINISTRATIVE APPROVAL FOR THE REMOVAL OF TREE# 15269 A 35-INCH LIVE OAK TREE AND TREE# 15268 A 30-INCH LIVE OAK TREE FROM THE SITE. TREE #15269 IS DDI AND DOES NOT REQUIRE MITIGATION, TREE# 15268 REQUIRING MITIGATION PAYMENT INTO THE URBAN FOREST REPLENISHMENT FUND. SUCH MITIGATION PAYMENT FOR TREE# 15268 SHALL BE AT 400% OF THE TOTAL INCHES. IS AMENDED 12. IN ACCORDANCE WITH SECTION 25-8-642(A)(3), (ADMINISTRATIVE VARIANCE) TREE# 15276 A 26-INCH AMERICAN ELM TREE SHALL BE PERMITTED FOR REMOVAL AND MITIGATED AT A RATE OF 150%. NOTE: THIS ADMINISTRATIVE REMOVAL WAS GRANTED WITH THE CURRENTLY APPROVED SITE DEVELOPMENT PERMIT ON THE PROPERTY. 13. SECTION 25-8-281(C)(1)(A), CRITICAL ENVIRONMENTAL FEATURES, IS AMENDED TO ALLOW FOR THE REDUCTION OF REQUIRED SETBACKS FROM THE BLUFF/RIMROCK, SEEP/SPRING AND WETLAND CRITICAL ENVIRONMENTAL FEATURE ON THE PROPERTY TO THE MINIMUM EXTENT PRACTICABLE. THE PROJECT SHALL COMPLY WITH THE APPROVED WETLAND MITIGATION PLAN. NOTE: THIS WAIVER WAS GRANTED WITH THE CURRENTLY APPROVED SITE DEVELOPMENT PERMIT ON THE PROPERTY. 14. NO MODIFICATIONS TO THE EXISTING 100-YEAR FLOODPLAIN ARE PERMITTED WITH THIS PUD. 15. NO IMPERVIOUS COVER SHALL BE PERMITTED WITHIN THE CRITICAL WATER QUALITY ZONE (CWQZ). 16. POROUS PAVEMENT SHALL BE UTILIZED FOR THE FIRE LANE IN LIEU OF IMPERVIOUS COVER. POROUS PAVEMENT SHALL BE UTILIZED FOR A MAJORITY OF THE FLATWORK ON THE SITE. 17. TREE# 15257 A 54-INCH LIVE OAK TREE SHALL BE RELOCATED ON THE SITE, OR TO A LOCATION MUTUALLY AGREED UPON BY THE PROPERTY OWNER AND THE CITY OF AUSTIN. OPEN SPACE AND PARKLAND: 1. IN CONJUNCTION WITH THE APPROVED SITE DEVELOPMENT PERMIT, SP-2021-0451C, PARKLAND FOR 222 RESIDENTIAL UNITS WAS SATISFIED ON THE PROPERTY VIA A COMBINATION OF 1.15 ACRES OF ONSITE PARKLAND DEDICATION AND PAYMENT OF A FEE IN LIEU OF $504,373.99. PARKLAND REQUIREMENTS FOR ADDITIONAL UNITS SHALL BE SATISFIED VIA CITY OF AUSTIN PARKLAND DEDICATION REQUIREMENTS IN EFFECT AS OF THE DATE OF FILING A SITE DEVELOPMENT PERMIT ON THE PROPERTY. 2. THE PROJECT SHALL PROVIDE A MINIMUM OF 13,000 SQUARE FEET OF PRIVATE COMMON OPEN SPACE WITHIN THE PROJECT. SUCH OPEN SPACE MAY INCLUDE THE ENTIRETY OF ELEVATED COURTYARDS. UP TO 100% OF REQUIRED OPEN SPACE MAY BE LOCATED ON A ROOF, BALCONY, OR OTHER AREA ABOVE GROUND LEVEL. 3. THE PROJECT SHALL PROVIDE A MINIMUM OF 9,000 SQUARE FEET OF PUBLIC COMMON OPEN SPACE WITHIN THE PROJECT. SUCH OPEN SPACE SHALL CONTAIN HIGH QUALITY LANDSCAPE MATERIAL, LANDSCAPING THAT EXCEEDS CODE BY 50% AND 1.5 ADDITIONAL SHADE TREE CALIPER INCHES. 1. ELECTRIC VEHICLE CHARGING STATIONS SHALL BE PROVIDED IN THE ONSITE PARKING GARAGE. A MINIMUM OF TEN PERCENT (10%) OF THE TOTAL PARKING SPACES WITHIN THE PARKING STRUCTURE SHALL BE PROVIDED AS ELECTRIC VEHICLE CHARGING STATIONS. A MINIMUM OF TWENTY-FIVE PERCENT (25%) OF THE TOTAL PARKING SPACES ON THE PROPERTY SHALL BE CONSTRUCTED TO IMPLEMENT EQUIPMENT AND PROVIDE POWER FOR FUTURE ELECTRIC VEHICLE CHARGING CAPABILITIES. 2. ONLY STRUCTURED PARKING IN THE PUD MAY BE GATED. NO OTHER GATED ROADWAYS WILL BE PERMITTED. 3. ALL PARKING FOR THE PROJECT SHALL BE LOCATED IN A STRUCTURED PARKING GARAGE. 4. LONG-TERM BICYCLE PARKING IN THE PROJECT SHALL EQUAL OR EXCEED 150% OF THE CODE REQUIRED BICYCLE PARKING SPACES. SHORT TERM BICYCLE PARKING MAY BE WITHIN 75 FEET OF THE PRINCIPAL BUILDING ENTRANCE. 5. SECURE BICYCLE PARKING SHALL BE PROVIDED WITHIN THE PROJECT FOR USE BY TENANTS. T E E H S S E T O N D U P T S A E 4 0 4 1 D U P E D S R E V R I I I R D E D S R E V R I . E 4 0 4 1 I N T S U A F O Y T C I S A X E T , Y T N U O C S V A R T I SHEET NUMBER 2 OF 3 N O R T H LEGEND LEGEND PROPERTY LINE PROPOSED WASTEWATER LINE PROPOSED WATER LINE PROPOSED WASTEWATER MANHOLE PROPOSED WASTEWATER CLEANOUT PROPOSED FIRE HYDRANT PROPOSED TAPPING SLEEVE & VALVE EXISTING OVERHEAD POWER LINE EXISTING WATER LINE EXISTING WASTEWATER LINE EXISTING STORM SEWER LINE EXISTING POWER POLE EXISTING FIRE HYDRANT EXISTING WATER METER EXISTING WASTEWATER MANHOLE ADA ROUTE LIMITS OF OPEN SPACE TOTAL PRIVATE = 13,853 SF TOTAL PUBLIC = 9,885 SF FOR REVIEW ONLY Not for construction or permit purposes. Engineer P.E. No. SAMUEL T. PHEIFFER 131983 6/30/2025 Date E V O L N A M T E E R T S E. RIVERSIDE DR. T S A E 4 0 4 1 N A L P E C A P S N E P O D U P E D S R E V R I I I R D E D S R E V R I . E 4 0 4 1 I N T S U A F O Y T C I S A X E T , Y T N U O C S V A R T I SHEET NUMBER 3 OF 3 EXHIBIT D 1404 East Riverside PUD PUD Code Modifications Table June 30, 2025 Code Section §25-2-491 - Permitted, Conditional, and Prohibited Uses Code Requirement Variance Request The following uses are prohibited per CS base district: • Multifamily Residential The following uses are permitted in the PUD: • Multifamily Residential The following uses are permitted per CS base district: ▪ Bed and breakfast residential ▪ Guidance services ▪ Hospital services ▪ Residential treatment ▪ Adult-oriented businesses ▪ Automotive rentals ▪ Automotive repair services ▪ Automotive sales ▪ Automotive washing ▪ Bail bond services ▪ Business or trade school ▪ Campground ▪ Commercial blood plasma The following uses are prohibited in the PUD: ▪ Bed and breakfast residential ▪ Guidance services ▪ Hospital services ▪ Residential treatment ▪ Adult-oriented businesses ▪ Automotive rentals ▪ Automotive repair services ▪ Automotive sales ▪ Automotive washing ▪ Bail bond services ▪ Business or trade school ▪ Campground ▪ Commercial blood plasma center center ▪ Construction sales and ▪ Construction sales and services ▪ Convenience storage ▪ Drop-off recycling collection facility ▪ Electronic testing ▪ Equipment repair services ▪ Equipment sales ▪ Extermination services ▪ Funeral services ▪ Kennels ▪ Laundry services ▪ Monument retail sales ▪ Plant nursery ▪ Printing and publishing services ▪ Service station ▪ Vehicular storage ▪ Veterinary services ▪ Custom manufacturing ▪ Limited warehousing and distribution services ▪ Convenience storage ▪ Drop-off recycling collection facility ▪ Electronic testing ▪ Equipment repair services ▪ Equipment sales ▪ Extermination services ▪ Funeral services ▪ Kennels ▪ Laundry services ▪ Monument retail sales ▪ Plant nursery ▪ Printing and publishing services ▪ Service station ▪ Vehicular storage ▪ Veterinary services ▪ Custom manufacturing ▪ Limited warehousing and distribution 1404 East Riverside PUD PUD Code Modifications Table June 30, 2025 §25-2-492 - Site Development Regulations Maximum height per CS base district limited to 60 feet Maximum height in PUD limited to 180 feet. §25-2-492 - Site Development Regulations Maximum FAR per CS base district limited to 2:1 Maximum height in PUD limited to 4:1. §25-2-734(C) - East Riverside Subdistrict Regulations For an area not included in a primary setback area or a secondary setback area, the maximum impervious cover is 50%. For an area not included in a primary setback area or a secondary setback area, the maximum impervious cover is 65%. §25-2-734(D) - East Riverside Subdistrict Regulations Maximum height is the lower of 96 feet or the maximum height allowed in the base zoning district. Maximum height shall be limited to 180 feet. §25-8-642(A)(3) – Administrative Variance Tree #15276 a 26-inch American Elm tree shall be permitted for removal and mitigated at a rate of 150%. Note: This administrative removal was granted with the currently approved site development permit on the property. The director of the Planning and Development Review Department may grant a variance from Section 25-8- 641 (Removal Prohibited) to allow removal of a heritage tree only after determining, based on the city arborist's recommendation, that the heritage tree is diseased and: (a) restoration to sound condition is not practicable; or (b) the disease may be transmitted to other trees and endanger their health. §25-8-642(C) – Administrative Variance Section 25-8-642(C), (Administrative Variance) is amended to allow administrative approval for the removal of Tree# 15269, a 35- inch Live Oak tree and Tree# 15268, a 30-inch Live Oak tree from the site. Tree #15269 is classified as DDI and does not require mitigation, Tree# 15268 requiring mitigation payment into the Urban Forest Replenishment fund. Such mitigation payment for Tree# 15268 shall be at 400% of the total inches. 1404 East Riverside PUD PUD Code Modifications Table June 30, 2025 The director of the Planning and Development Review Department may grant a variance from Section 25-8- 641 (Removal Prohibited) to allow removal of a heritage tree that does not have at least one stem that is 30 inches in diameter or larger measured four and one-half feet above natural grade only after determining, based on the city arborist's recommendation, that the heritage tree meets the criteria in Section 25-8-624(A) (Approval Criteria) and that: (1) the applicant has applied for and been denied a variance, waiver, exemption, modification, or alternative compliance from another City Code provision which would eliminate the need to remove the heritage tree, as required in Section 25-8-646 (Variance Prerequisite); and (2) removal of the heritage tree is not based on a condition caused by the method chosen by the applicant to develop the property, unless removal of the heritage tree will result in a design that will allow for the maximum provision of ecological service, historic, and cultural value of the trees on the site. §25-8-281(C)(1)(a) – Critical Environmental Features A buffer zone is established around each critical environmental feature described in this subchapter. Except as provided in Subsection (C)(1)(b), the width of the buffer zone is 150 feet from the edge of the critical environmental feature. Allow for the reduction of required setbacks from the bluff/rimrock, seep/spring and wetland critical environmental feature on the property to the minimum extent practicable. The Project shall comply with the approved wetland mitigation plan. TCM 9.4.1.D – Right-of-way maneuvering TCM Table 7-2 TCM Table 7-5 DCM 4.1.0.A 1404 East Riverside PUD PUD Code Modifications Table June 30, 2025 Maneuvering areas for loading facilities shall not conflict with parking spaces or with the maneuvering areas for parking stalls. Public right-of-way shall not be used for maneuvering. All maneuvering shall be contained on-site. Driveway widths in Level 1 roadways (Manlove Street) are limited to a width of 20’. Requires a minimum driveway spacing of 200’ on Level 3 roadways (East Riverside Drive). The standard curb inlet transition length is 9′-8″ as shown in the standard details. Transition lengths may be reduced to a minimum of 7′-6″ for curb inlets having a standard depth of depression only when the inlet is located on the outside lane of a street where the outside lane is clearly designated for parking only. Note: This waiver was granted with the currently approved site development permit on the property. Allow for an onside loading zone and trash/recycle collection on Manlove Street. Note: Such waiver was granted with the currently approved site development permit on the property. Allow an approximately 58-foot to wide driveway accommodate tenant ingress and egress, and loading and trash/recycle collection. in order Allow for an emergency access only fire lane with collapsible bollards and mountable curb on Riverside Drive. Note: Such waiver was granted with the currently approved site development permit on the property. A waiver to DCM 4.1.0.A, is approved to allow an alternative type inlet. Such inlet shall be approved by the Director of Watershed Protection Department and the Director of Public Works. 1404 East Riverside PUD: Tier 1 & Tier 2 Compliance Revised: June 30, 2025 EXHIBIT E Tier I Requirement Compliance Superiority PUD Note: 2.3.1.A. Meet the objectives of the City Code. Yes The project is located within the City of Austin Desired Development Zone, as well as within the urban core. It is situated along East Riverside Drive, which is designated as a Core Transit Corridor by both Subchapter E, and the East Riverside Corridor Regulating Plan. The proposed project complies with several goals and intent of Planned Unit Developments (PUDs) Section 1.1 of the PUD ordinance, including “preserving the natural environment, encouraging high quality development and innovative design, and ensuring adequate public facilities and services.” The Imagine Austin Comprehensive Plan was adopted on June 15, 2012 and classifies East Riverside Drive as an Imagine Austin Activity Corridor, and a significant portion of the property is located within the Imagine Austin “Riverside Stations” Activity Center. Activity Corridors call for a variety of activities and types of buildings located along the roadways. The proposed PUD also aligns with the following Imagine Austin Comprehensive Plan goals under its Land Use and Transportation building block: • • Preserving our natural resources and systems by limiting development in sensitive environmental areas, floodplains, creeks, and riparian areas, and maintaining and protecting open space. The PUD is protecting the Critical Water Quality Zone and proposed no construction on the steep slopes, or primary setback areas of the property. In fact, during the initial permitting phase of the project, this portion of the site was already dedicated as parkland and will be preserved and protected as such. The PUD does not propose to revisit this dedicated parkland area. Increasing the supply and variety of housing in and near employment centers to allow more people to live closer to their jobs. The purpose of the PUD is to provide additional housing units in central Austin along a future light rail line, and within ¼-mile from the proposed Lakeshore Station. The PUD is located about one-mile from Downtown Austin, the city’s densest and most vibrant employment center. • Meeting the housing and employment needs of a rapidly growing and demographically changing population in a sustainable manner. Austin is continuing to manage a housing crisis in which supply cannot meet the demand and results in growing costs. The project proposes to add 381 units (a net increase of 159 units from the 222 units that are permitted today) within the urban core and along future transit opportunities. The project is located within the East Riverside subdistrict of the Waterfront Overlay, and within the East Riverside Corridor (“ERC”) Regulating Plan. The ERC Regulating Plan was adopted on May 9, 2013. Per Section ERC 1.1, the plan “presents a long-term vision for the area to redevelop the existing low density, auto-oriented commercial uses into an urban mixed-use neighborhood that is more pedestrian- and bicycle-friendly.” The plan also strives to “enhance development design quality and create great places where people can live, work, shop interact and recreate within a walking distance of one another.” 1 2.3.1.B. Provide for development standards that achieve equal or greater consistency with the goals in Section 1.1 than development under the regulations in the Land Development Code. 2.3.1.C. Provide a total amount of open space that equals or exceeds 10% of the residential tracts, 15% of the industrial tracts, and 20% of the nonresidential tracts within the PUD, except that: 1. 1. A detention or filtration area is excluded from the calculation unless it is designed and maintained as an amenity, and 2. 2. The required percentage of open space may be reduced for urban property with characteristics that make open space infeasible if other community benefits are provided. 2.3.1.D. Provide a two-star Austin Energy Green Building Rating. 2.3.1.E. Be consistent with the applicable neighborhood plans, neighborhood conservation combining district regulations, historic area, and landmark regulations and compatible with adjacent property and land uses. 1404 East Riverside PUD: Tier 1 & Tier 2 Compliance Revised: June 30, 2025 Yes Yes This project will create a high-quality development utilizing innovative design. The project will provide for an enhanced pedestrian experience in conjunction with a high-quality residential project. The project is consistent with the pedestrian- oriented vision that is core to the Waterfront Overlay Ordinance, the ERC Regulating Plan and the development that was envisioned as part of Imagine Austin, meeting the goal of providing enhanced housing options along this transit supportive portion of East Riverside Drive. Additionally, the project will preserve and protect the natural environment of the property adjacent to Lady Bird Lake and will work with City departments and transit organizations to ensure necessary improvements are made to provide adequate public facilities and services. The project will comply with current City of Austin PUD requirements for parkland dedication. Per approved site development permit SP-2021-0451C, a total of 1.15 acres of parkland, approximately 44% of the site area, was dedicated, as well as payment of $108,983.43 in fiscal surety for the installation of park improvements on the dedicated area and payment of $504,373.99 in parkland dedication fee-in-lieu. In addition to the dedicated parkland, the project will provide a minimum of 13,000 square feet of private common open space and a minimum of 9,000 square feet of public common open space shall be provided in addition to the dedicated parkland, for a total of 22,000 square feet of non-parkland common open space. With the future transit options, this project has been carefully designed to not let the car be the predominate experience of the site and has expanded the supplemental zone to provide an extended pedestrian realm with enhanced open space along East Riverside Drive. This enhanced open space will include high quality hardscape materials and increased landscaping over minimum requirements and additional street tree caliper inches. Additionally, a visible and publicly-accessible hydration station to be accessible for foot and bike traffic. OSP 1 OSP 2 OSP 3 BD 4 The private common open space will be accomplished via two community amenity spaces for residents of the project, one at the top floor of the building, and one atop the garage podium. Such amenity spaces will include but not be limited to: a pool deck and sky lounge. Yes The PUD will comply with the City of Austin’s Green Building Program at a 3-star level, at a minimum. EV 2 Yes The PUD is located in the East Riverside/Oltorf Combined neighborhood planning area and is designated as “Specific Regulating District” in the Future Land Use Map (FLUM). The proposed residential use is consistent with the FLUM designation. There are no neighborhood conservation combining district regulations, historic area or historic landmark regulations for the property. 2 1404 East Riverside PUD: Tier 1 & Tier 2 Compliance Revised: June 30, 2025 2.3.1.F. Provide for environmental preservation and protection relating to air quality, water quality, trees, buffer zones and greenbelt areas, critical environmental features, soils, waterways, topography, and the natural and traditional character of the land. Yes The PUD will provide for a development that exceeds what would be required under current code. The PUD will achieve a 3- star green builder rating, at a minimum. The PUD will provide for additional off-site water quality capture of currently untreated stormwater from Manlove Street of a minimum of 7,000 square feet. Development of the project removes environmentally noxious uses as permitted uses on the property. Impervious cover shall be limited to 65%. 1.15 acres of the property has already been dedicated to the City of Austin as parkland which constitutes approximately 44% of the property. As part of the PUD, 100% of required site water will be treated using on-site water quality methods. There are existing Critical Environmental Features (CEFs) on the property. The approved site development permit (SP-2021- 0451C) includes a Wetland Mitigation Plan which will be maintained as part of the PUD. Mitigation measures include invasive species removal and appropriate plantings. A 54-inch live oak heritage tree, shown as tree number 15257 on the tree survey, is proposed to be relocated towards the rear of the property along Lady Bird Lake adjacent to the parkland area. Air conditioner condensate will be collected, stored and ultimately used for partial irrigation of the project. The project will be compliant with the LEED pilot Bird Collision Deterrence credit in regard to the Bird Collision Threat Rating for reflective glass within the Façade Zone 1 area as defined by LEED. Façade Zone 1 shall not have greater than 15% reflective glass. LEED defines Façade Zone 1 as the first 36 feet above grade. 2.3.1.G. Provide for public facilities and services that are adequate to support the proposed development including school, fire protection, emergency service and police facilities. Yes The project will not necessitate the additional City of Austin infrastructure costs associated with suburban development and will provide density to support the proposed urban infrastructure improvements proposed by the City. The owner will work with City of Austin emergency services, fire and police facilities to determine that there is adequate support for the project during the development process for this proposed PUD. 2.3.1.H. Exceed the minimum landscaping requirements of the City Code. Yes By dedicating 44% of the site as parkland the project is providing and contributing to the public facilities in the area. The PUD will exceed the minimum landscape requirements of the City Code by including an additional 50% more shrubs and/or groundcover than code required streetyard planting and will utilize native and adaptive species as well as non- invasive plants per the City of Austin Grow Green program. Shade trees that are not influenced by utility constraints shall be upsized to 4” caliper. EV 2 EV 4 LU 5 EV 3 EV 17 EV 10 EV 11 EV 5 EV 6 EV 7 EV 8 3 1404 East Riverside PUD: Tier 1 & Tier 2 Compliance Revised: June 30, 2025 2.3.1.I. Provide for appropriate transportation and mass transit connections to areas adjacent to the PUD district and mitigation of adverse cumulative transportation impacts with sidewalks, trails, and roadways. Yes The project is situated within ¼-mile from the planned Project Connect/Austin Transit Partnership light rail Lakeshore Station. The site is located 1/10-mile, or approximately 500 feet, from entrance to the Ann and Roy Butler Hike/Bike Trail near the IH- 35 bridge allowing expansive pedestrian and bike commuter options. TR 1 TR 4 2.3.1.J. Prohibit gated roadways 2.3.1.K. Protect, enhance, and preserve the areas that include structures or sites that are of architectural, historical, archaeological, or cultural significance. 2.3.1.L. Include at least 10 acres of land, unless the property is characterized by special circumstances, including unique topographic constraints. Yes N/A N/A This project will coordinate with the Austin Transportation and Public Works Department, Capitol Metro, and Austin Transit Partnership during the site development permit stage of this process to better understand what transit improvements are needed in this area to aid in the buildout of the future light rail line and stations. The PUD will provide on-site long-term bicycle parking at 150% of code requirements. Long term bicycle parking will be provided in a designated room on the ground floor of the building. The PUD will also provide electric car charging for 10% of total spaces within the onsite parking garage and will wire 25% of the vehicular parking spaces in the project for electric vehicle charging to meet demand as electric vehicle usage increases. The PUD will not include any gated public roadways. TR 2 This is not applicable. The site does not contain any structures or sites that are of architectural, historical, archeological or cultural significance. The PUD property is characterized by special circumstances. As the project site abuts Lady Bird Lake, a significant portion of the property is encumbered with very steep slopes and challenging topography with a grade change of 35 feet on the property. Additionally, the property is located in the East Riverside subdistrict of the Waterfront Overlay and within the ERC Regulating Plan. Under current code, the Waterfront Overlay regulations limit the ability of the property to achieve the density and transit-supportive development goals of the ERC Regulating Plan other than participating in the PUD process. 4 Tier I - Additional PUD Requirements for a mixed-use development Compliance Superiority PUD Notes 1404 East Riverside PUD: Tier 1 & Tier 2 Compliance Revised: June 30, 2025 2.3.2.A. Comply with Chapter 25-2, Subchapter E (Design Standards and Mixed Use) 2.3.2.B. Inside the Urban Roadway boundary depicted in Figure 2, Subchapter E, Chapter 25-2 (Design Standards and Mixed Use), comply with the sidewalk standards in Section 2.2.2, Subchapter E, Chapter 25-2 (Core Transit Corridor Sidewalk and Building Placement). 2.3.2.C. Pay the tenant relocation fee established under 25-1-715 (Tenant Relocation Assistance – Developer Funded) if approval of the PUD would allow multifamily redevelopment that may result in tenant displacement. 2.3.2.D. Contain pedestrian oriented uses as defined in Section 25-2-691(C) (Waterfront Overlay District Uses) on the first floor of a multi-story commercial or mixed-use building. N/A This is not applicable, the PUD is not a mixed-use project. N/A This is not applicable, the PUD is not a mixed-use project. N/A This is not applicable, the PUD is not a mixed-use project. N/A This is not applicable, the PUD is not a mixed-use project. 5 2.4 Tier II Requirement Compliance Superiority 1404 East Riverside PUD: Tier 1 & Tier 2 Compliance Revised: June 30, 2025 1. Open Space – Provide open space at least 10% above Yes the requirements of Section 2.3.1.A (Minimum Requirements). Alternatively, within the Urban Roadway boundary established in Figure 2 of Subchapter E of Chapter 25-2 (Design Standards and Mixed Use), provide for proportional enhancements to existing or planned trails, parks, or other recreational common open space in consultation with the Director of the Parks and Recreation Department. The project will comply with current City of Austin PUD requirements for parkland dedication. Per approved site development permit SP-2021-0451C, a total of 1.15 acres of parkland, approximately 44% of the site area, was dedicated, as well as payment of $108,983.43 in fiscal surety for the installation of park improvements on the dedicated area and payment of $504,373.99 in parkland dedication fee-in-lieu. In addition to the dedicated parkland, the project will provide a minimum of 13,000 square feet of private common open space and a minimum of 9,000 square feet of public common open space shall be provided in addition to the dedicated parkland, for a total of 22,000 square feet of non-parkland common open space. With the future transit options, this project has been carefully designed to not let the car be the predominate experience of the site and has expanded the supplemental zone to provide an extended pedestrian realm with enhanced open space along East Riverside Drive. This enhanced open space will include high quality hardscape materials and increased landscaping over minimum requirements and additional street tree caliper inches. Additionally, a visible and publicly-accessible hydration station to be accessible for foot and bike traffic. The private common open space will be accomplished via two community amenity spaces for residents of the project, one at the top floor of the building, and one atop the garage podium. Such amenity spaces will include but not be limited to: a pool deck and sky lounge. PUD Notes OSP 1 OSP 2 OSP 3 BD 4 2. Environment: a. Comply with current code instead of asserting entitlement to follow older code provisions by application of law or agreement. b. Provide water quality controls superior to those otherwise required by Code. c. Use green water quality controls as described in the Environmental Criteria Manual to treat at least 50 percent of the water quality volume required by code. d. Provide water quality treatment for currently untreated, developed off-site areas of at least 10 acres in size. e. Reduce impervious cover by 5% below the maximum otherwise allowed by code or include off-site measures that lower overall impervious Yes The PUD will provide for a development that exceeds what would be required under applicable codes. The project has an approved site development permit SP-2021-0451C and will limit additional exceptions or modifications of the LDC to those caused by the existing significant site constraints and dedicated parkland area. The project will make every effort to develop under current code, or to exceed current code requirements, as of the date of the approval of the PUD. The PUD will provide for additional off-site water quality capture of currently untreated stormwater from Manlove Street of a minimum of 7,000 square feet. Development of the project removes environmentally noxious uses as permitted uses on the property. Impervious cover shall be limited to 65%. 1.15 acres of the property has already been dedicated to the City of Austin as parkland which constitutes approximately 44% of the property. As part of the PUD, 100% of required site water will be treated using on-site water quality methods. A 54-inch live oak heritage tree, shown as tree number 15257 on the tree survey, is proposed to be relocated towards the rear of the property along Lady Bird Lake near the dedicated parkland area. EV 1 EV 2 EV 3 EV 4 EV 5 EV 6 EV 7 EV 8 EV 9 EV 10 EV 11 EV 12 EV 13 EV 14 EV 15 EV 16 EV 17 LU 5 6 cover within the same watershed by 5% below that allowed by code. f. Provide minimum 50-foot setback for at least 50 percent of all unclassified waterways with a drainage area of 32 acres. g. Provides volumetric flood detention as described in the Drainage Criteria Manual. h. Provide drainage upgrades to off-site drainage infrastructure that does not meet current criteria in the Drainage or Environmental Criteria Manuals, such as storm drains and culverts that provide a public benefit. i. Propose no modifications to the existing 100-year floodplain. j. Use natural channel design techniques as described in the Drainage Criteria Manual. k. Restores riparian vegetation in existing, degraded Critical Water Quality Zone areas. l. Removes existing impervious cover from the Critical Water Quality Zone. m. Preserve all heritage trees; preserve 75% of the caliper inches associated with native protected size trees; and preserve 75% of all the native caliper inches. n. Tree plantings use Central Texas seed stock native with adequate soil volumes. o. Provide at least a 50 percent increase in the minimum waterway and/or critical environmental feature setbacks required by code. p. Clusters impervious cover and disturbed areas in a matter that preserves the most environmentally sensitive areas of the site that are not otherwise protected. q. Provides porous pavement for at least 20 percent or more of all paved areas for non-pedestrian in non-aquifer recharge areas. 1404 East Riverside PUD: Tier 1 & Tier 2 Compliance Revised: June 30, 2025 All required tree plantings shall utilize native tree species selected from Appendix F of the Environmental Criteria Manual (Descriptive Categories of Tree Species) and utilize Central Texas native seed stock. PUD will achieve a 3-star green builder rating, at a minimum. Air conditioner condensate will be collected, stored and ultimately used for partial irrigation of the project. The project will be compliant with the LEED pilot Bird Collision Deterrence credit in regard to the Bird Collision Threat Rating for reflective glass within the Façade Zone 1 area as defined by LEED. Façade Zone 1 shall not have greater than 15% reflective glass. LEED defines Façade Zone 1 as the first 36 feet above grade. There are existing Critical Environmental Features (CEFs) on the property. The approved site development permit (SP-2021- 0451C) includes a Wetland Mitigation Plan which will be maintained as part of the PUD. Mitigation measures include invasive species removal and appropriate plantings. Shade trees that are not influenced by utility constraints shall be upsized to 4” caliper within the PUD and will contribute to the biodiversity of tree species of the site and this area of East Riverside Drive in addition to being of a species that will thrive in proposed suspended pavement systems along the sidewalks. The roof terrace of the project shall include a combination of hardscape and landscape elements to help activate the space for users. A minimum of 20% of the roof terrace shall be dedicated to landscape installations. An adaptive vegetation palette comprised of shrubs and groundcovers shall be installed in a planter system that optimizes growing conditions on the roof terrace. This project will include several landscape solutions that meet the intent of the pending Functional Green requirements. This will be achieved with the installation of raised terrace garden planters to be planted with xeriscape plantings with a focus on pollinator friendly species including but not limited to: • Shrubs: Blue Mistflower, White Mistflower, Milkweed, Turkscap, Flame Acanthus, Coralbean, Red Yucca, Texas Lantana, Bee Balm, Misc. Sage Species, Texas Betony, Rock Penstemon • Trees: Desert Willow, Mountain Laurel, Orchid Tree, Redbud Project shall utilize methods to support local Austin biodiversity through innovative native plant landscaping and/or rooftop installations. The PUD will providing a diverse mixture of landscaping and utilizing drought-resistant and non-toxic plants. 100% of all non-turf plant materials shall be selected from the Environmental Criteria Manual Appendix N (City of Austin Preferred Plant List) or the “Grow Green Native and Adaptive Landscape Plants Guide.” An integrated pest-management plan will be provided. 7 r. Provides porous pavement for at least 50 percent or more of all paved areas limited to pedestrian use. s. Provides rainwater harvesting for landscape irrigation to serve not less than 50% of the landscaped areas. t. Directs stormwater runoff from impervious surfaces to a landscaped area at least equal to the total required landscape area. u. Employs other creative or innovative measures to provide environmental protection. 1404 East Riverside PUD: Tier 1 & Tier 2 Compliance Revised: June 30, 2025 Per the Drainage Criteria Manual, the PUD is not required to provide volumetric flood detention as all stormwater will drain to Lady Bird Lake. No modifications to the existing 100-year floodplain are proposed with this PUD. There is no existing impervious cover within the Critical Water Quality Zone (CWQZ) and the PUD does not propose any development within the CWQZ. Porous pavement will be utilized for the fire lane in lieu of impervious cover and is already permitted via site development permit SP-2021-0451C. Additionally per this approved site plan, porous pavement will be utilized for a majority, or all, flatwork on the site which will carry through as part of the PUD. 3. Austin Green Builder Program – Provides a rating Yes The project will participate in the Austin Energy Green Builder program at a 3-star level, at a minimum. EV 2 under the Austin Green Builder program of three stars or above. 4. Art – Provides art approved by the Art In Public Places Program in open spaces, either by providing the art directly or by making a contribution to the City’s Art In Public Places Program or a successor program. Yes The project shall provide an art piece in a prominent location, by providing art directly from a local artist. Said art piece may be incorporated into additional aspects of the project including a bus stop or other public use. BD 1 5. Great Streets – Complies with City’s Great Streets N/A Program, or a successor program. Applicable only to commercial retail, or mixed-use development that is not subject to the requirements of Chapter 25-2, Subchapter E (Design Standards and Mixed Use) The project is subject to, and will comply with, the requirements of the Transportation Criteria Manual (TCM). The Project Team will coordinate with Austin Transportation and Public Works Department as well as Austin Transit Partnership to better understand any specific visions for East Riverside Drive that would differ from the TCM. 8 1404 East Riverside PUD: Tier 1 & Tier 2 Compliance Revised: June 30, 2025 6. Community Amenities: Yes a. Provides community or public amenities, which may include space for community meetings, day care facilities, non-profit organizations, or other uses that fulfill an identified community need. b. Provides publicly accessible multiuse trail and greenway along creek or waterway. The project will comply with current City of Austin PUD requirements for parkland dedication. Per approved site development permit SP-2021-0451C, a total of 1.15 acres of parkland, approximately 44% of the site area, was dedicated, as well as payment of $108,983.43 in fiscal surety for the installation of park improvements on the dedicated area and payment of $504,373.99 in parkland dedication fee-in-lieu. In addition to the dedicated parkland, the project will provide a minimum of 13,000 square feet of private common open space and a minimum of 9,000 square feet of public common open space shall be provided in addition to the dedicated parkland, for a total of 22,000 square feet of non-parkland common open space. OSP 1 OSP 2 OSP 3 BD 4 With the future transit options, this project has been carefully designed to not let the car be the predominate experience of the site and has expanded the supplemental zone to provide an extended pedestrian realm with enhanced open space along East Riverside Drive. This enhanced open space will include high quality hardscape materials and increased landscaping over minimum requirements. Additionally, a visible and publicly-accessible hydration station to be accessible for foot and bike traffic. 7. Transportation – Provides bicycle facilities that connect to existing or planned bicycle routes or provides other multi-modal transportation features not required by code. Yes The project is situated within ¼-mile from the planned Project Connect/Austin Transit Partnership light rail Lakeshore Station. The site is located 1/10-mile, or approximately 500 feet, from entrance to the Ann and Roy Butler Hike/Bike Trail near the IH- 35 bridge allowing expansive pedestrian and bike commuter options. TR 1 TR 4 TR 5 This project will coordinate with the Austin Transportation and Public Works Department, Capitol Metro, and Austin Transit Partnership during the site development permit stage of this process to better understand what transit improvements are needed in this area to aid in the buildout of the future light rail line and stations. The PUD will provide on-site long-term bicycle parking at 150% of code requirements. Long term bicycle parking will be provided in a designated room on the ground floor of the building. The PUD will also provide electric car charging for 10% of total spaces within the onsite parking garage and will wire 25% of the vehicular parking spaces in the project for electric vehicle charging to meet demand as electric vehicle usage increases. 9 1404 East Riverside PUD: Tier 1 & Tier 2 Compliance Revised: June 30, 2025 8. Building Design – Exceed the minimum points required by the Building Design Options of Section 3.3.2 of Chapter 25-2, Subchapter E (Design Standards and Mixed Use) Yes Subchapter E requires that every project achieve at least one point from the table in 3.3.2 of the City Code. The project will exceed the minimum required points by achieving a minimum of 6 points. The building will achieve a 3-star Austin Energy rating, at a minimum. The project will comply with Dark Sky regulations for all exterior lighting and will not up-light the façade. Additionally, the project will be in conformance with the standards identified by Austin Energy Green Building ST7 “Light pollution reduction.” BD 2 EV 2 EV 12 EV 13 9. Parking Structure Frontage – In a commercial or mixed- use development, at least 75% of the building frontage of all parking structures is designed for pedestrian- oriented uses as defined in Section 25-2-691 (C) (Waterfront Overlay District Uses) in ground floor spaces. N/A The PUD is not a commercial or mixed-use project. 10. Affordable Housing – Provides for affordable housing or participation in programs to achieve affordable housing. Yes The PUD shall comply with current City of Austin PUD requirements for affordable housing. The approved site development permit on the property, SP-2021-0451C, includes 15 on-site affordable housing units, totaling 8,568 sf, which comply with the East Riverside Corridor Regulating Plan density bonus requirements. Additional affordable housing items required for this PUD shall be included as a fee-in-lieu contribution to the City of Austin Housing Trust Fund. AH 1 AH 2 11. Historic Preservation – Preserves historic structures, landmarks, or other features to a degree exceeding applicable legal requirements. N/A Not applicable. 12. Accessibility – Provides for accessibility for persons Yes with disabilities to a degree exceeding applicable legal requirements. The project will develop 2.5% of the residential units on the Property to meet the standards of the Americans with Disabilities Act (ADA) as ADA-accessible dwelling units. To the extent that the 2.5% calculation results in a fraction, the number of units will be rounded up to the nearest whole number. BD 3 13. Local Small Business – Provides space at affordable N/A This is not applicable, the proposed project is a residential development. rates to one or more independent retail or restaurant small businesses whose principal place of business is within the Austin metropolitan statistical area. 10 EXHIBIT F STAFF COMMENTS REPORT CASE NUMBER:CD-2025-0002 CASE MANAGER: Marcelle Boudreaux Marcelle.boudreaux@austintexas.gov PHONE #: 512-974-8094 PROJECT NAME:1404 East Riverside PUD SUBMITTAL DATE: July 8, 2025 REPORT DUE DATE: August 7, 2025 FINAL REPORT DATE: August 15, 2025 REPORT LATE: 8 DAYS LOCATION:1400 ½ and 1404 East Riverside STAFF REVIEW: This report includes all comments received to date concerning your Development Assessment application. IF YOU HAVE ANY FURTHER QUESTIONS CONCERNING THE COMMENTS LISTED BELOW PLEASE CONTACT YOUR CASE MANAGER. THE FOLLOWING COMMENTS SHOULD BE ADDRESSED PRIOR TO SUBMITTING A FORMAL PLAN TO THE DEPARTMENT OF PLANNING AND ZONING. IT IS THE RESPONSIBILITY OF THE APPLICANT OR HIS/HER AGENT TO MODIFY THE PROPOSED PLANNED UNIT DEVELOPMENT (PUD) PLAN SO THAT IT COMPLIES WITH THESE REQUIREMENTS. R REQUIREMENTS: of Austin, Texas. Based on ordinances and written rules adopted by the City Project Connect Office - Carla Burrell - Carla.burrell@austintexas.gov John Barnes’ (ATP) comments We will need a small amount of real estate for on this site for right of way, an Austin Energy easement and temporary construction easement. The temporary easement could be revised or reduced based on what will be constructed by the developer and future light rail design refinements. ROW Area SqFt TCE Area SqFt Austin Energy Easement Area Sq Ft 477 1,333 250 Ann DeSanctis’ (PARD) comments – temporary case manager If the only area acceptable for a betterment is within the red LOC line, then I don’t think there’s anything that is *PARD* specific (aka in the PARD easements in the area) that we could ask for. However, since we do have an easement that leads to Manlove St, I think we need to work with the applicant and TPW to focus on getting a better connection from the existing park easement to ROW/the LOC of the rail. With that in mind, there are a few things I think we should keep an eye on that were in the applicant’s code modifications and land use plan/exhibits: • Their open space plan does not show the full extent of the park easement. I’ve highlighted below in yellow, approximately, where it should extend on their exhibit (left) and highlighted in pink that section on the easement. • • Applicant is requesting a ~58’(!) driveway width (highlighted in yellow) on a street where TCM calls for 20’. This is exactly where folks would be walking to get to park (walking path from Riverside shown in red). Does not sound safe, nor a pleasant walk to access the parkland. • Applicant is requesting removal of two heritage trees along Riverside where there is an existing DG path. This path is not park easement, but it is the current preferred path for folks along Riverside since it is away from the curb. Additionally, losing this amount of shade would detract from the experience of getting to the park easement from Riverside ROW. The applicant is requesting to pay tree mitigation for these trees but I’m wondering, could they try and save the tree that is not DDI? And, if not, could they, instead, plant some mitigation along Riverside (or even in the park easement) to help make up for the loss? City Arborist Review - Taylor Horton - 512-974-1218 taylor.horton@austintexas.gov Provide a summary that details how the Tier One and Tier Two Superiority Requirements related to trees will be met with the proposed Land Use Plan. Specifically, elaborate on how the approved Site Plan works to contribute to the Superiority measures in addition to the base requirements for standard Zoning. NOTE: City Arborist Review Approval is subject to responses to other review disciplines comments. Austin Energy/ Green Building Review – Heidi Kasper - 512- 482-5407 For a 3-star rating commitment, we recommend meeting with our team to review the process and requirements. To schedule please reach out to Greg Arcangeli, greg.arcangeli@austinenergy.com. AW Utility Development Services - Virginia Collier - 512-972-0117 The landowner intends to serve the site with City of Austin water and wastewater utilities. The landowner, at own expense, will be responsible for providing the water and wastewater utility improvements, offsite main extensions, system upgrades, utility relocations and or abandonments required. Each lot in the P.U.D. shall have separate wastewater taps, separate water meters, and their respective private water and wastewater service lines shall be positioned or located in a manner that will not cross lot lines. No lot shall be occupied until the structure is connected to the City of Austin water and wastewater utility system. Based on current public infrastructure configurations, it appears that Service Extension Requests (SER) will be required to provide service to this lot. For more information pertaining to the Service Extension Request process and submittal requirements contact the Austin Water SER team at ser@austintexas.gov. The water and wastewater plan must be in accordance with the City of Austin utility design criteria. The water and wastewater utility plan must be reviewed and approved by Austin Water. All water and wastewater construction must be inspected by the City of Austin. The landowner must pay the City inspection fee with the utility construction. The landowner must pay the tap and impact fee once the landowner makes an application for a City of Austin water and wastewater utility tap permit. All new development within the proposed project will be subject to City Code Chapter 25-9 and any future amendments relating to reclaimed water connections, water benchmarking, and mandatory onsite water reuse. Dedication of private streets and public utility easements does not obligate the City to approve the placement of City water and wastewater mains within same. Water and wastewater service shall be provided to each lot at their Right of Way frontage. NPZ Comprehensive Planning Review - Maureen Meredith – 512-974-2695 A neighborhood plan amendment application will need to be submitted with this PUD application. Here’s the link to the plan amendment application for an individual property owner: https://www.austintexas.gov/sites/default/files/files/Housing_%26_Planning/Adopted%20Neigh borhood%20Planning%20Areas/Fillable_Oct%202023_Final%20Indiv%20PO_npa_application. pdf. A full Comprehensive Plan review will be provided when the plan amendment application is submitted. NPZ Drainage Engineering Review: Kena Pierce – kena.pierce@austintexas.gov 512-978-1832 RELEASE OF THIS APPLICATION DOES NOT CONSTITUTE A VERIFICATION OF ALL DATA, INFORMATION, AND CALCULATIONS SUPPLIED BY THE APPLICANT. THE ENGINEER OF RECORD IS SOLELY RESPONSIBLE FOR THE COMPLETENESS, ACCURACY, AND ADEQUACY OF HIS/HER SUBMITTAL, WHETHER OR NOT THE APPLICATION IS REVIEWED FOR CODE COMPLIANCE BY CITY ENGINEERS. DE 1. Please confirm that this PUD application does not modify current Code and/or Criteria affecting drainage. DE 2. The Code modification table has a modification to DCM 4.1.0.A Criteria (which is not CODE) but it also states that the inlet needs to be approved by the Director of WPD and TPW. All inlet waivers need to be approved by the Director of WPD and TPW and this option is available for all developments therefore there is no need to put this specifically in the PUD. Please remove. NPZ Water Quality Review: Kena Pierce – kena.pierce@austintexas.gov 512-978-1832 Release of this application does not constitute a verification of all data, information, and calculations supplied by the applicant. The engineer of record is solely responsible for the completeness, accuracy, and adequacy of his/her submittal, whether or not the application is reviewed for code compliance by city engineers. WQ 1. Confirm this PUD does not modify any Code or Criteria pertaining to water quality treatment? Electric Review – Rosemary Avila – Rosemary.avila@austinenergy.com A capacity study will be needed once a site plan is submitted. File the ESPA for that once the load is known. Add Public Civic Uses to the permitted use list for possible future substations, MAJOR UTILITY FACILITIES and LOCAL UTILITY SERVICES uses. At the site plan planning stages contact this reviewer to discuss possibly needing a switch gears and niches easement if a niche is being proposed for the transformers. Environmental Review - Pamela Abee-Taulli 512-974-1879 TIER I COMPLIANCE 2.3.1.H. Exceed the minimum landscaping requirements of the City Code. • The PUD will exceed the minimum landscape requirements of the City Code by including an additional 50% more shrubs and/or groundcover than code required streetyard planting and will utilize native and adaptive species as well as non-invasive plants per the City of Austin Grow Green program. Shade trees that are not influenced by utility constraints shall be upsized to 4” caliper. There are no shrub or ground cover requirements for street yard. However, 20% of SY must be landscaped. Re-write as: 30% of SY is landscaped (50% more than the requirement). Invasive plants are not allowed. This does not exceed requirements. Why just shade trees? Why not all trees? Re-write as: Required SY trees that are not required to be utility compatible shall be shade trees; and all required trees shall be upsized to 4" caliper. TIER II COMPLIANCE 2.4.2 Environment • Development of the project removes environmentally noxious uses as permitted uses on the property. Explain what this means. To what code does this refer? To which uses does it refer? How much of the area dedicated as parkland is CEF buffer, that already cannot be developed? How much of the dedicated area is bluff, that is not suited for parkland? • All required tree plantings shall utilize native tree species selected from Appendix F of the Environmental Criteria Manual (Descriptive Categories of Tree Species) and utilize Central Texas native seed stock. What is meant by Central TX native seed stock? Is this for areas to be seeded? Is it in addition to native tree species? • Air conditioner condensate will be collected, stored and ultimately used for partial irrigation of the project. Provide information from AWU’s irrigation and rainwater harvesting calculator to show what portion of the landscape could be watered with condensate. Also, this is a large building that will have more than enough rooftop rainwater to irrigate all the landscape, I believe. Why not do so? • Shade trees that are not influenced by utility constraints shall be upsized to 4” caliper within the PUD and will contribute to the biodiversity of tree species of the site and this area of East Riverside Drive in addition to being of a species that will thrive in proposed suspended pavement systems along the sidewalks. How will the contribution of the trees to the biodiversity of tree species be quantified? Be specific about the area that will be used for comparison. Suspended pavement is excellent. Is it proposed for all street trees? Anywhere else? Be specific. • The roof terrace of the project shall include a combination of hardscape and landscape elements to help activate the space for users. A minimum of 20% of the roof terrace shall be dedicated to landscape installations. An adaptive vegetation palette comprised of shrubs and groundcovers shall be installed in a planter system that optimizes growing conditions on the roof terrace. Planter system: explain, quantify, specify. • This project will include several landscape solutions that meet the intent of the pending Functional Green requirements. This will be achieved with the installation of raised terrace garden planters to be planted with xeriscape plantings with a focus on pollinator friendly species including but not limited to: … To the extent possible, within the confines of vegetation suited for rooftop-garden planters, please specify vegetation native to our eco-regions: Edwards Plateau & Blackland Prairie. • Project shall utilize methods to support local Austin biodiversity through innovative native plant landscaping and/or rooftop installations. Explain; quantify; specify. • The PUD will providing a diverse mixture of landscaping and utilizing drought-resistant and non-toxic plants. Explain; quantify; specify. • There is no existing impervious cover within the Critical Water Quality Zone (CWQZ) and the PUD does not propose any development within the CWQZ. This complies with current code. It is not superior. • Porous pavement will be utilized for the fire lane in lieu of impervious cover and is already permitted via site development permit SP-2021-0451C. Additionally per this approved site plan, porous pavement will be utilized for a majority, or all, flatwork on the site which will carry through as part of the PUD. A majority, or all: Explain; quantify; specify. CODE MODIFICATIONS TABLE No environmental code modifications, aside from those related to trees, are requested. Environmental Office – Leslie Lilly, Leslie.lilly@austintexas.gov Please provide an environmental exhibit with all setbacks and buffers including but not limited to the standard 150’ CEF setback for the rimrock and wetland CEF, the CWQZ, and areas of steep slopes (> 15%). It is not clear to what extent the proposed project is encroaching on any of these environmentally sensitive areas and at this time the proposed development does not demonstrate a superior level of protection from what is minimally required by code. Consider including superior enhancements to the urban forest and tree canopy including but not limited to exceeding the number of required tree plantings; utilizing suspended pavement systems to increase soil volume for street trees; utilizing Tree Health AEGB Innovation Points; planting a diversity of trees; planting trees that provide habitat value. Consider providing superior on-site soil management including but not limited to balancing cut and fill on-site; stockpiling and reusing topsoil on-site; restoring soils using a minimum organic carbon content; utilizing chemical and biological function characteristics appropriate to planting regime; Utilize a post-construction decompaction standard Consider providing superior restoration and enhancement of ecological resources including but not limited to enhancing floodplain function; restoring degraded aquatic and riparian ecosystems; exceeding1:1 mitigation for impacted wetlands; restoring uplands habitat structure Consider providing superior support for low and no carbon emission transportation including electric vehicle charging station requirements superior to those minimally required by the core AEGB measures Consider incorporating renewable or alternative energy production on-site (solar, wind, geothermal, waste-to-energy); Participate in Austin Energy community solar program; utilize AEGB renewables credit; Utilize district heating/cooling, including connecting to chilled water system, connecting to existing district heating/cooling infrastructure, or planning new district heating/cooling infrastructure to serve multiple sites. Consider utilizing low carbon concrete; utilize recycled aggregate; utilize less cement (or non- portland cement) with longer curing times per manufacturer recommendations; utilize low carbon alternatives for any pertinent high impact materials; utilize Environmental Product Declarations to evaluate low carbon alternatives for concrete and any other pertinent high impact materials; perform comprehensive life cycle analysis for large buildings Commit to net zero carbon building; prohibit natural gas connections; selecting refrigerants, leak detection, capturing and destroying high-impact refrigerants Fire Review – Yvonne Espinoza - Yvonne.Espinoza@austintexas.gov No comments. Austin Fire (Research & Data Analytics) – Laura Ayres – laura.ayres@austintexas.gov This PUD will bring new residents to an already strained area, which exceeds National Fire Protection Agency standards of 8 minute emergency response time, 90 percent of the time. Due to the existing large call volume, this response area has had an 11 minute 12 second response time, 90 percent of the time, in 2025 (Jan 1 – July 18) and is meeting the 8 minute national response time standard only 66.7% of the time. The additional 381 planned mulitifamily units will add unsustainable strain to the limited public safety resources available downtown. The Austin Fire Department cannot provide timely emergency response without additional stations and resources to serve this development. To ensure the life safety of the residents and visitors to this PUD, AFD recommends the following to be provided by the developer: • 9,000 to 11,000 square feet unfinished space within the level of discharge ("ground floor") and floor above to serve as a Fire/EMS facility, with a private convenience stair, adequate space for 2-3 apparatus bays and appropriate apron for fire/EMS apparatus, and an entrance/egress on a major roadway. Final selection of the location must be approved by the Austin Fire Department, Austin-Travis County EMS, and the Developer, with a lease executed or the space conveyed prior to 55% of certificates of occupancy for the development having been issued. AFD recognizes that this is a relatively small parcel of land with 44% dedicated parkland. Thus, if an on-site fire/EMS station is not feasible, AFD requests an alternative nearby site for a Fire/EMS station to ensure timely and effective emergency response to this development without further detriment to the existing City of Austin residents in the area. Flood Plain Review - Zach Kretsch - Zach.kretsch@austintexas.gov The PUD is not proposing any changes to floodplain code or criteria. Hydro Geologist Review - Eric Brown - 512-978-1539 The culvert and outfall on the western portion of the site was added to accommodate a drainage criteria manual update after the initial submittal. After analysis and discussions with the engineer of record, minimal discharge was expected and a modified outfall with a stilling basin and associated bunch grasses was added to reduce erosive flows and mitigate for impacts without necessitating significant additional grading and redesign. With a new design/submittal, the removal of the outfall on the western edge, and a potential modification to the eastern outfall may be required. A new administrative variance will be required with any disturbances to the previously reduced setback that coincides with the CWQZ. Based on geotechnical report review and known springs in the area, groundwater is likely to be encountered during subgrade excavation, and a groundwater management plan should be developed. NPZ PARD/Planning & Design Review - Scott Grantham (512) 974-9457 A site plan in this location (Acton School Redevelopment, SP-2021-0451C) was approved in 2023. The site plan included parkland dedication for 222 units, 15 of which were certified affordable. The parkland was dedicated in the form of an easement (2023124419). There was a separate requirement was the development of park amenities onsite, including dog park, lighting, permeable pavers, seating. Fiscal surety was posted for these amenities, and they were required to be maintained privately through a Parkland Improvement and Maintenance Agreement (PIMA). An image of the parkland (all colored areas) is shown below: PARD’s priority will be compliance with the approved site plan, and careful review of any elements that would deviate from that approved site plan. For example, safe public access from ROW – Manlove Street – will need to be provided and maintained. PARD is not seeking additional parkland or amenities beyond those shown on the approved site plan and fiscal surety memo. Please let me know whether there are any changes to the parkland concept below: Please let me know if there are additional plans for parkland or amenities, or any thought to requesting parkland superiority. If so, please reach out to set up a meeting with me and other PARD staff. Likewise, if there are requirements from other disciplines which could impact parkland (e.g. mitigation plantings), please reach out. Parkland fees will be owed for any additional units beyond those permitted with the original site plan. Site Plan Review - Christine Barton-Holmes – christine.barton-holmes@austintexas.gov For more accurate comparison, please include the current ERC code in the code modifications table in a separate column from the CS zoning. Subdivision Review – Juan Enriquez – juan.enriquez@austintexas.gov The subdivision review team has no comments at this time. There are no specific subdivision regulations proposed to be modified or included. TPW-TDS Review – Danielle Morin - (512) 974-6407 All PUDs must provide for appropriate transportation and mass transit connections to areas adjacent to the PUD district and mitigation of adverse cumulative transportation impacts with sidewalks, trails, and roadways. All PUDs must prohibit gated roadways. Provides publicly accessible multi-use trail and greenway along creek or waterway. Provides bicycle facilities that connect to existing or planned bicycle routes or provides other multi-modal transportation features not required by code. Provides for accessibility for persons with disabilities to a degree exceeding applicable legal requirements. The Austin Strategic Mobility Plan (ASMP) calls for 58 feet of right-of-way for Manlove Street. It is recommended that 29 feet of right-of-way from the existing centerline should be dedicated for Manlove Street according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. The Austin Strategic Mobility Plan (ASMP) calls for 141 feet of right-of-way for E. Riverside Drive. It is recommended that 70.5 feet of right-of-way from the existing centerline should be dedicated for E. Riverside Dr. according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. The adjacent street characteristics table is provided below: Name ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route Manlove St. Level 1 58’ 50’ N/A No No Capital Metro (within ¼ mile) Yes E. Riverside Dr. Level 3 141’ 134’ 100’ Yes Yes Yes NPZ Wetlands Biologist Review - Sean Watson – sean.watson@austintexas.gov Commit to the development of a natural areas management plan, including an Integrated Pest Management Plan to be approved by the Director of WPD at the time of site plan approval. The plan should establish baseline maintenance practices to support a healthy riparian habitat including but not limited to the management of invasive species, establishment and monitoring of native plant community, and activities to support the health of canopy and understory trees. Plant selection for GSI storm water controls must utilize plants native to the Central Texas Blackland Prairie and Edwards Plateau ecoregions and be approved by a WPD wetland biologist. For GSI quality controls, provide standards on plant diversity and species composition (e.g. minimum of 3 natives herbaceous species, all plants native to eco region, etc.) Provide standards on plant diversity and species composition (e.g. minimum of 3 native herbaceous species, all plantings native to eco region, etc.) for the planting specifications within the landscape areas and designated restoration areas. Include pollinator and wildlife friendly plant species. There are existing Critical Environmental Features (CEFs) on the property. The approved site development permit (SP-2021-0451C) includes a Wetland Mitigation Plan which will be maintained as part of the PUD. Mitigation measures include invasive species removal and appropriate plantings. Mitigation for reduction of the wetland setback should be accounted for in the PUD ordinance and shown in an exhibit that should be more extensive than the Wetland Mitigation Plan in SP-2021-0451C. Alternative mitigation strategies will be considered by this reviewer. Housing Department – Robert Anderson - 512-978-1594 The developer’s recommendation to retain the already-certified affordable housing is a good start. However, it is unclear from the application what the intention is regarding FAR. CS zoning – suggested as the base zoning standard - limits FAR at 2:1. And, the property’s current entitlements through the ERC Regulating Plan sets a base FAR limit at 2:1. Additionally, under the ERC Regulating Plan, there is no maximum FAR if a development participates in the bonus. Therefore, the proposal contained within the development assessment application for FAR of 4:1 is confusing. Is the intention to set an actual maximum FAR that currently doesn’t exist within the ERC Regulating Plan? Or, is the intention to increase to 4:1 the FAR threshold for triggering density bonus requirements? Documentation within the application seems to indicate the latter interpretation. The Land Use Plan Note number 3 on the PUD Notes Sheet reads: “The maximum Floor to Area Ratio (FAR) in the PUD is 4:1. This 4:1 Floor to Area Ratio shall be established as a development bonus under Section 25-2-, Subchapter B, Division 5, 1.4.1.D.” If that is, in fact, the intention, the proposal doesn’t appear to meet Tier 2 superiority requirements. Increasing the base FAR from 2:1 to 4:1 would allow significant additional entitlements; the project as proposed would trigger no additional bonus area, however. We offer the following for consideration: • (representing 65,730 sq ft of bonus area). As proposed in the application, carry forward the 8,216 sq ft of affordable housing Bonus area beyond 65,730 sq ft can be met through either on-site housing or fee in lieu. Retain the 2:1 FAR for establishing the baseline requirements. This is the by-right • allowance of the ERC Corridor Mixed Use Subdistrict and is also the baseline allowance of the General Commercial Services District they propose as the baseline zoning, generally. • Fee in Lieu will be calculated at the PUD rate for each square foot of bonus area (adjusted annually in accordance with the Consumer Price Index). The option for fee in lieu is only available for development bonus area over the initial 65,730 sq ft of bonus area. Additional on- site units can be provided according to the following exchange: 4 feet of bonus area to be granted for each 1 square foot of affordable housing for 100% of the bonus area beyond 65,730 sq ft. The development must also comply with Chapter 4-18, Article 2, Division 1. • Zoning/Land Use Review – Marcelle Boudreaux - 512-974- 8094 – marcelle.boudreaux@austintexas.gov A Code Amendment will be required to remove the property from East Riverside Corridor Regulating Plan boundaries. The Waterfront Overlay prioritizes pedestrian orientation and mix of uses, and permits pedestrian-oriented uses at the ground floor. Why prohibit all uses except multifamily? At minimum, these uses should be removed from the prohibited list: Guidance Services and Residential Treatment. Provide background on existing by-right / base square footage calculation in the Housing Certification letter for SP-2021-0451C, which is listed as 190,880 sq. ft.