B-07 (C14-2020-0007 - 2001 Guadalupe St; District 9) — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2020-0007– 2001 Guadalupe Street Zoning ZONING FROM: CS-NP DISTRICT: 9 TO: CS-MU-NP ADDRESS: 2001 Guadalupe Street PROPERTY OWNER: Powell-Corbett LLC (William Corbett) SITE AREA: 0.201 acres (8,755 sq. ft.) AGENT: Coats-Rose (John Joseph) CASE MANAGER: Mark Graham (512-974-3574, mark.graham@austintexas.gov ) STAFF RECOMMENDATION: The staff recommendation is to grant general commercial services – mixed use – neighborhood plan (CS-MU-NP) combining district zoning. For a summary of the basis of staff’s recommendation, see case manager comments below. PLANNING COMMISSION ACTION / RECOMMENDATION: August 11, 2020: July 28, 2020: APPROVED A POSTPONEMENT REQUEST BY APPLICANT TO AUGUST 11TH, 2020 [F. KAZI, J. THOMPSON -2ND] (12-0) with C. HEMPEL – ABSENT. June 9, 2020: TECHNICAL DIFFICULTIES WITH VIDEO, ACTION VOIDED- REQUEST TO POSTPONE TO JUNE 23, 2020. RE-NOTIFICATION REQUIRED May 26, 2020: APPROVED A POSTPONEMENT REQUEST TO JUNE 9, 2020 [C. HEMPEL, R. SCHNEIDER 2ND] (12-0) C. LLANES PULIDO – NOT PRESENT FOR PASSAGE OF THE CONSENT AGENDA. May 12, 2020: POSTPONED TO MAY 26, 2020 [C. KENNY, G. ANDERSON – 2ND] (13-0) April 28, 2020: POSTPONED TO MAY 12, 2020 [R. SCHNEIDER; P. HOWARD – 2ND] (12-0) C. LLANES PULIDO-LEFT EARLY April 14, 2020: APPROVED A POSTPONEMENT REQUEST TO APRIL 28, 2020. [R. SCHNEIDER, C. KENNY-2ND] (12-0) with C. LLANES PULIDO – ABSENT. March 10, 2020: APPROVED A POSTPONEMENT REQUEST BY APPLICANT TO APRIL 14, 2020. [J. SHIEH, R. SCHNEIDER-2ND] (11-0) A. AZHAR, P. HOWARD - ABSENT CITY COUNCIL ACTION: August 27, 2020: 1 of 49B-07C14-2020-0007 2 July 30, 2020: APPROVED A POSTPONEMENT REQUEST BY THE STAFF TO AUGUST 27, 2020 June 11, 2020: APPROVED A POSTPONEMENT REQUEST BY THE STAFF TO JULY 30, 2020 May 21, 2020: APPROVED A POSTPONEMENT REQUEST BY THE STAFF TO JUNE 11, 2020 May 7, 2020: APPROVED A POSTPONEMENT REQUEST BY THE STAFF TO MAY 21, 2020 April 9, 2020: APPROVED A POSTPONEMENT REQUEST BY THE STAFF TO MAY 7, 2020 ORDINANCE NUMBER: ISSUES At the May 12 Planning Commission meeting, the Commission voted (13-0) to postpone the subject case to May 26 (or later if requested by applicant or staff) to get more clarity on development options available to the applicant. Staff prepared a table with five columns comparing development with the existing commercial general services – neighborhood plan (CS-NP) zoning and with University Neighborhood Overlay (UNO) and 2 types of Affordability Unlocked. The table also includes development with the requested zoning: (CS – MU - NP). The table was provided to the applicant and is attached to this memo. Letter of Agreement There is a letter of agreement between the applicant and University Area Partners (UAP) and signed by both parties. The letter is an agreement to negotiate a private Restrictive Covenant (RC) that will be signed in advance of the Council decision on the requested re-zoning of 2001 Guadalupe Street. The intent is that a third party will hold the signed RC until the Austin City Council acts on the rezoning request and the third party will be responsible for recording the RC document in Travis County Land Records if the Council grants the requested commercial general services -mixed use – neighborhood plan (CS-MU-NP) zoning for 2001 Guadalupe Street land. Restrictive Covenant The proposed content of the RC is a commitment that if 2001 Guadalupe Street (the subject property) is developed with any residential use, it will be developed with affordable housing using the Affordability Unlocked Bonus Program. It is also expected to commit to developing the property according to UNO zoning district design regulations: Section 12, for buildings and streetscape. Staff contacted the parties to inquire about the status of the RC. As of this writing (5/22/2020), the RC has not been drafted. Requested Zoning The applicant cannot build housing “by right” with the existing commercial general services – neighborhood plan (CS-NP) zoning. The applicant requested adding mixed use (MU) zoning which would allow building residential units by right in addition to the uses currently allowed. The applicant can build market rate housing with CS – MU -NP zoning. 2 of 49B-07C14-2020-0007 3 The requested MU zoning is not required to build housing under the Affordability Unlocked Bonus Program (AUBP) nor is it necessary for building housing under the UNO program. Based on statements from the agent at the May 12 Planning Commission meeting, the applicant believed that adding mixed use (MU) to the zoning was necessary to build 100% housing in the AUBP program. AUBP also allows up to 25% of the gross floor area of the building to be commercial with the current zoning. Building Height The maximum building height with the current general commercial services (CS) zoning is 60 feet. Adding mixed use (MU) to the zoning string does not change the maximum height. Height is an incentive for participating in the Affordability Unlocked Bonus Program. For Type 1 project, AUBP allows base height multiplied by 1.25. For a Type 2 project the multiplier is 1.5 times base district maximum height. With an AUBP Type 1 project on the subject site, the building height limit is 75 feet and a Type 2 project can build to 90 feet. Type 2 provides more height because there are more affordability requirements. Comparison Table There are other waivers and incentives in the Affordability Unlocked Bonus Program (Ord. No 20190509-027) (see City Title 25-2-518). The waivers and incentives affect the buildable area of the site, building height and thereby the number of floors which in turn varies the number of dwelling units and sleeping rooms. Staff prepared the attached table to compare four development options with the current zoning and one with the requested zoning. The calculations assumed a sleeping room is 300 square feet and a dwelling unit is comprised of 4 sleeping rooms (1200 square feet). The CS-MU district requires 1200 square feet of property for each dwelling unit which limits the total number of permitted dwelling units to 7. With a Floor to area ratio (FAR) is 2:1 the building in CS-MU can be up to 17,500 square feet, so the average unit in this case is 2,500 square feet and includes 8 sleeping rooms. Numbers were rounded down in these calculations. The attached comparison table includes the University Neighborhood Overlay (UNO) program as an affordable housing option because it was part of the discussion with the applicant and Planning Commission. The applicant did not request participating in the UNO program. While there is staff support for the requested Mixed Use zoning for the property at 2001 Guadalupe Street, there are other processes available that may provide more flexible development standards affecting building height, setbacks, floor to area ratio (FAR) and in return require participation in affordable housing, streetscape investments and adherence to design standards. CASE MANAGER COMMENTS: The subject lot is on the east side of Guadalupe Street at the south end of “The Drag,” a nickname for the portion of Guadalupe Street along the western edge of the University of Texas (UT) Austin Campus. The lot is situated between the five-story University of Texas, McCombs Business School on the south and the two-story Dobie Center retail buildings to the north, in the 3 of 49B-07C14-2020-0007 4 shadow of the 27 story Dobie residential tower. This busy section of the West Campus Neighborhood has many apartments and condominiums housing UT students as well as food, clothing, school supplies and service businesses catering to students and university employees. The 0.201 acres (8,755 square foot) parcel is located on the northeast corner of Guadalupe Street and West 20th Street. On the parcel there are three retail commercial buildings, two one story buildings and a two-story building. There is also outside seating between the building and Guadalupe Street for patrons of the food-oriented businesses. The adjacent lot to the north is vacant. The current zoning is General Commercial Services - Neighborhood Plan (CS-NP) district. The applicant is requesting the addition of Mixed Use (MU) combining to allow building up to 66 dwelling units on the lot. Guadalupe is a designated Core Transit Corridor and supports mixed use and intensity of use. University Neighborhood Overlay The subject tract is within the University Neighborhood Overlay (UNO) district (LDC 25-2 Section 179). The purpose of the district is to promote high density redevelopment, provide a mechanism for the creation of a densely populated but livable and pedestrian friendly environment. The Future Land Use Map (FLUM) indicates Mixed Use, Transportation. The current request is consistent with the FLUM. A representative of University Area Partners responded to the hearing notice for this case in opposition to the request. They pointed out that the purpose (12.1.1) of UNO is to establish design criteria for all buildings and streetscapes within the UNO District with the goal of reinforcing the human scale/pedestrian friendly environment of the district. Participating lots in the UNO: Dobie subdistrict adhere to design standards for building walls and roof planes and provide street trees, pedestrian scale lighting and street furnishings, including benches, bike racks and trash receptacles. To participate, the property owner files a site plan and elects for the property to be governed by the UNO District Requirements (25-2-751). Properties in the UNO have a process for reducing parking and setback requirements. A site plan filed under the UNO provisions is reviewed for building design and may achieve increase height and allowed Floor to Area Ratio (FAR). UNO also requires an affordable housing commitment for properties that opt-in to UNO district governance. Height, Parking Building heights along Guadalupe Street and governed by the UNO Dobie district have a height limited of 65 feet. That limit is 5 feet more than the underlying CS zoning height limit because of a provision in (25-2-752) that says UNO division of the Land Development Code supersedes other provisions of this title to the extent of conflict. 4 of 49B-07C14-2020-0007 5 Legal Description: Request From General Commercial Services – Neighborhood Plan (CS-NP) combining district to General Commercial Services – Mixed Use – Neighborhood Plan (CS-MU-NP) combining district. Lot 5 Outlot 21 division of Louis Horsts Subdivision (tax parcel 2016168899) as recorded in Book ‘Z,’ Page 594 and Book ‘Z,’ Page 613 of the Deed Records of Travis County, Texas. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. (CS) General Commercial Services district is intended predominately for commercial and industrial activities of a service nature having operating characteristics or traffic service requirements generally incompatible with residential environments. MU – Mixed Use combining district is intended for combination with selected base districts, in order to permit any combination of office, retail, commercial, and residential uses within a single development. The Neighborhood Plan FLUM supports mixed use with retail and residential, the UNO/Dobie district supports mixed use residential and the Central Austin Combined Neighborhood Planning Area supports mixed commercial and residential uses in this area. 2. The proposed zoning should satisfy a real public need and not provide special privilege to the owner. There is a growing demand for housing in the University and Downtown Austin area. This area is well suited for people who walk and use public transportation to take advantage of the jobs, entertainment, goods and services along the Guadalupe corridor. There is a lack of affordable housing for students and this location would be very convenient for students. There are many residential buildings currently under construction near the Guadalupe corridor and near UT. 3. Zoning should allow for reasonable use of the property. The addition of residential uses is a reasonable way to increase the intensity of use for the subject property. 5 of 49B-07C14-2020-0007 6 EXISTING ZONING AND LAND USES: Site North South East West Zoning Land Uses CS-NP CS-NP, UNZ Restaurant, retail, personal services Vacant land, entertainment, retail, residential, UT education CS-NP, DMU Education MF-4, CS-NP, GR-NP CS-NP Residential condos, parking, University Bldgs. Restaurants, repair shop, church NEIGHBORHOOD PLANNING AREA: Central Austin Combined Neighborhood Plan (West University). Current land use on FLUM: Mixed Use. Proposed land use: Mixed Use. A Neighborhood Plan amendment is NOT required. TIA: The TIA determination is deferred until site plan application, when land use and intensities will be finalized. WATERSHED: Shoal Creek – Urban. Impervious coverage allowed: 95% OVERLAYS: Green Building Mandatory: University Neighborhood Overlay. Neighborhood Planning Area: West University. Residential Design Standards: LDC/25-2-Subchapter F. West Campus Neighborhood Overlay: DOBIE AISD: Lee Elementary Kealing Middle McCallum High SCHOOLS: NEIGHBORHOOD ORGANIZATIONS Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin Central Austin Community Development Corporation Friends of Austin Neighborhoods Homeless Neighborhood Association My Guadalupe Neighborhood Empowerment Foundation Preservation Austin SELTexas Sierra Club Austin Regional Group The University of Texas at Austin University Area Partners 6 of 49B-07C14-2020-0007 7 AREA CASE HISTORIES: Number C14-04-0021 Request Commission City Council To Grant Apvd. (05/19/2005) C14-2007-0262 To Grant Apvd. (06/11/2009) C14-2016-0059 KKG 1 (Kappa Kappa Gamma) 2001 University Ave C14H-2009-0013 Kappa Kappa Gamma House 2001 University Ave C14-2016-0058 KKG 2 (Kappa Gamma House) 1911 ½ University Ave MF4-H-NP to GO-H-NP To Grant Apvd. (09/22/2016) MF-4-NP to MF-4-H-NP To Grant Apvd. (08-06-2009) To Grant Apvd. (09/22/2016) Central Austin Combined NP (West University) Rezoning. To change base district zoning on 454.13 acres on 329 tracts Central Austin Combined Neighborhood Planning Area Vertical Mixed Use. To add V, vertical mixed use to 20.42 acres of land. MF-4-NP to GO-CO-NP Conditions: Uses not permitted: Professional office, medical offices- exceeding 5000 sq. ft. gross floor area, administrative and business offices, personal services, medical offices-not exceeding 5000 sq. ft. gross floor area. RELATED CASES: C14-04-0021 West University Neighborhood Plan C14-2007-0262 Central Austin Combined Neighborhood Planning Area Vertical Mixed Use 7 of 49B-07Bicycle Route Yes Yes Capital Metro (within ¼ mile) No Yes C14-2020-0007 8 OTHER STAFF COMMENTS: Transportation Street Characteristics Name ROW Pavement Classification Sidewalks W. 20th St Guadalupe 125’ 70’ 30’ 65’ Comprehensive Planning Level 1 (local) Level 3 (Minor Arterial) Yes Yes The zoning case is located on the northeast corner of W. 20th Street and Guadalupe Street on a 0.201 acre tract of land that is located in the Downtown (Imagine Austin) Regional Center. The subject property is located within the boundaries of the Central Austin Neighborhood Planning Area, in West University and contains a small two story building with retail shops. Surrounding land uses includes retail uses to the north, including a Target store; to the south is an office building and a University of Texas building; to the east is an apartment building and a parking garage; to the west is a shopping center and a church. The proposed use is 66 unit multistory multifamily residential housing project. Connectivity: Public sidewalks are located partially along West 20th Street and are on both sides of Guadalupe Street. Bike lanes are also located on both sides of Guadalupe Street. A CapMetro transit stop is located less than 100 feet away on Guadalupe Street. The mobility and connectivity options in this area are excellent. Central Austin Combined Neighborhood Planning Area (CACNP) The Central Austin Combined Neighborhood Plan Future Land Use Map identifies the subject area as being classified as ‘Mixed Use;’ Zone CS-MU is permitted under this future land use category. Mixed Use is meant to encourage more retail and commercial services within walking distance of residents. The subject property is also located in the University Area Overlay (UNO) District, which allows for denser, pedestrian oriented, commercial and multi-family development. The following Goals, Objectives and Recommendations in the CACNP are applicable to this case: Goal Three: Allow mixed-use development along the existing commercial corridors that is pedestrian oriented, neighborhood friendly, neighborhood scaled, and serves neighborhood needs. (p. 74) 8 of 49B-07C14-2020-0007 9 Goal Four: West Campus should become a dense, vibrant, mixed-use and pedestrian oriented community. (p. 83) Objective 4.1: Promote quality, higher density mixed use and multi-family development in West Campus while preserving nearby single-family neighborhoods. (p. 85) Recommendation 3: Establish the University Neighborhood Overlay (UNO) for the West Campus area that allows denser, pedestrian-oriented commercial and multi-family development (see “Proposed University Neighborhood Overlay [UNO] Boundaries and Districts” map on page 87 and Architectural Guidelines for the UNO District beginning on page 116). The overlay should function as providing a development bonus to projects that choose to follow the provisions of the overlay. The development bonuses should include, but not be limited to, providing for (p. 86) • Increasing building heights above what is allowed by the base zoning district • Reducing site area requirements for multi-family development • Relaxing and/or eliminating other site development standards such as allowing higher amounts of impervious cover than the base zoning district, waiver of compatibility standards, and reduction of required parking spaces for commercial uses. The provisions of the overlay should be designed to promote projects that are long lasting and of high quality. Map on page 87 identifies this property in the ‘Dobie District’ which would allow a building to be 60 feet tall or five stories in height) Goal 4 of CACNP appears to support the relaxation or elimination of various site development standards in the UNO district to promote a ‘dense, vibrant, mixed-use and pedestrian oriented community’ and multifamily development and appears to be supported by the CACNP. Imagine Austin The Imagine Austin Comprehensive Plan locates the subject property within the boundaries of a ‘Regional Center’, as identified on the Imagine Austin’s Growth Concept Map. A Regional Center is the most urban of the three activity centers outlined in the growth concept map. These centers are and will be the retail, cultural, recreational, and entertainment destinations for Central Texas. The following Imagine Austin policies are also applicable to this case: • LUT P3 Promote development in compact centers, communities or along corridors that are connected by roads and transit, are designed to encourage walking and bicycling, and reduce healthcare, housing and transportation costs. 9 of 49B-07C14-2020-0007 10 • LUT P5. Create healthy and family-friendly communities through development that includes a mix of land uses and housing types and affords realistic opportunities for transit, bicycle, and pedestrian travel and provides both community gathering spaces, parks and safe outdoor play areas for children. • LUT P7. Encourage infill and redevelopment opportunities that place residential, work, and retail land uses in proximity to each other to maximize walking, bicycling, and transit opportunities. • HN P11. Protect neighborhood character by directing growth to areas of change and ensuring context sensitive infill in such locations as designated redevelopment areas, corridors, and infill sites. Based on the property being located within a Regional Center and in the UNO District, which both encourage high density mixed use and multifamily development, the proposed project appears to be supported by the Imagine Austin Comprehensive Plan. Environmental 1. The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Shoal Creek Watershed of the Colorado River Basin, which is classified as an Urban Watershed by Chapter 25-8 of the City's Land Development Code. It is in the Desired Development Zone. 2. Zoning district impervious cover limits apply in the Urban Watershed classification. 3. According to floodplain maps there is no floodplain within or adjacent to the project location. 4. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. 5. At this time, site specific information is unavailable regarding vegetation, areas of steep slope, or other environmental features such as bluffs, springs, canyon rimrock, caves, sinkholes, and wetlands. 6. This site is required to provide on-site water quality controls (or payment in lieu of) for all development and/or redevelopment when 8,000 s.f. cumulative is exceeded, and on site control for the two-year storm. Site Plan SP1. Site plans will be required for any new development other than single-family or duplex residential. SP2. Any development which occurs in an SF-6 or less restrictive zoning district which is located 540 feet or less from property in an SF-5 or more restrictive zoning district will be subject to compatibility development regulations. 10 of 49B-07C14-2020-0007 11 SP3. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. FYI: Additional design regulations will be enforced at the time a site plan is submitted. FYI: The subject property is included in an approved site plan SP-2007-0634D. University Avenue Improvements. Improvements in the right-of-way to include new curb, gutter, sidewalks and utilities. SP4. SP5. SP6. SMALL LOTS Small lot regulations will apply. There are reduced setbacks for lots smaller than 20,000 sq. feet with frontages less than 100 feet. Reductions apply to side and rear yards (25-2-1062) and the location of driveways and parking areas (25-2-1067). 25-2-1062 has the sliding scale for small lots setbacks. SCREENING REQUIREMENTS SP7. FYI: Screening is required for off-street parking, the placement of mechanical equipment, storage, and refuse collection if a person is constructing a building (25-2-1066). DEMOLITION AND HISTORIC RESOURCES SP8. The applicant is responsible for requesting relocation and demolition permits once the site plan is approved. The City Historic Preservation Officer will review all proposed building demolitions and relocations prior to site plan approval. If a building meets city historic criteria, the Historic Landmark Commission may initiate a historic zoning case on the property. RESIDENTIAL DESIGN STANDARDS OVERLAY SP9. The site is subject to 25-2 Subchapter F. Residential Design and Compatibility Standards. UNIVERSITY NEIGHBORHOOD OVERLAY SP10. This site is located in the University Neighborhood Overlay LDC Subchapter C Article 3 Division 9 (25-2-751) a. This site is in the Dobie Subdistrict i. The maximum height for this lot is 65’ if elect to be governed by UNO. Austin Water Utility WW1. 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 any water and wastewater utility improvements, offsite main extensions, utility relocations and or abandonments required by the land use. The water and wastewater utility plan must be reviewed and approved by Austin Water for compliance with City criteria and suitability for operation and maintenance. All water and wastewater construction must be inspected by the City of Austin. 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 Alberto Ramirez with Austin Water, Utility Development Services at 625 E. 10th St., 7th floor. Ph: 512-972-0211. 11 of 49B-07C14-2020-0007 12 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. INDEX OF EXHIBITS TO FOLLOW Exhibit A: Zoning Map Exhibit B: Aerial Map Exhibit C: Coats-Rose letter to Mike McHone UAP Exhibit D: University Area Partners letter to John Joseph Exhibit E: Coats-Rose letter to Austin Planning Commission Exhibit F: Hutson Land Planners to Powell-Corbett LLC (property owner) Exhibit G: Coats-Rose to Cathy Norman UAP Exhibit H: McHone to City email Exhibit I: Chuan-Fu Chen mail- opposed Exhibit J: Commission questions for May 12 meeting with staff responses Exhibit K: Table Comparing Development Options Exhibit L: Applicant request for postponement from May 26, 2020 meeting 12 of 49B-07EXHIBIT A WMARTINLUTHERKINGJRBLVDE 21ST STGUADALUPESTSAN ANTONIO STSOUTH MALL UTNUECESSTSANANTONIOSTW 21ST STW 20TH STINNER CAMPUS DRCOLORADOSTW18THSTW 22ND STLAVACASTWHITIS AVEUNIVERSITY AVEDMU-COGOMF-4-NPMF-4-NPCSMF-4-NPCS-NPCS-NPGO-NPCS-CO-NPGOCSCS-1-NPCS-NPDMUGR-NPCS-NPMF-4-NPCS-NPCS-NPDMU-COMF-4-NPGR-NPPCS-1-NPDMU-HCS-MU-CO-NPGR-NPDMU-COMF-4-H-NPCS-MU-NP/MF-6-CO-NPCS-NPGR-MU-NPCS-NPDMUGO-H-CO-NPMF-5DMU-COCS-NPDMUCS-NPMF-4-NPMF-4-NPGOCS-CO-NPDMUGO-CO-NPCS-CO-NPMF-4-NPUNZMF-4-H-NPMF-4-NPMF-4-NPDMUDMU-CURECS-NPGR-NPCS-NPMF-4UNZGOCS-NPMF-5±This map has been produced by the Planning Development Review Department for the sole purpose ofgeographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness.ZONING CASE#:LOCATION:SUBJECT AREA:C14-2020-00072001 Guadalupe Street0.2 ACRES1'' = 200'SUBJECT TRACT2001 Guadalupe St. ZoningZONING BOUNDARY13 of 49B-07EXHIBIT B WMARTINLUTHERKINGJRBLVDE 21ST STGUADALUPESTSAN ANTONIO STSOUTH MALL UTNUECESSTSANANTONIOSTW 21ST STW 20TH STINNER CAMPUS DRCOLORADOSTW18THSTW 22ND STLAVACASTWHITIS AVEUNIVERSITY AVEDMU-COGOMF-4-NPMF-4-NPCSMF-4-NPCS-NPCS-NPGO-NPCS-CO-NPGOCSCS-1-NPCS-NPDMUGR-NPCS-NPMF-4-NPCS-NPCS-NPDMU-COMF-4-NPGR-NPPCS-1-NPDMU-HCS-MU-CO-NPGR-NPDMU-COMF-4-H-NPCS-MU-NP/MF-6-CO-NPCS-NPGR-MU-NPCS-NPDMUGO-H-CO-NPMF-5DMU-COCS-NPDMUCS-NPMF-4-NPMF-4-NPGOCS-CO-NPDMUGO-CO-NPCS-CO-NPMF-4-NPUNZMF-4-H-NPMF-4-NPMF-4-NPDMUDMU-CURECS-NPGR-NPCS-NPMF-4UNZGOCS-NPMF-5±This map has been produced by the Planning Development Review Department for the sole purpose ofgeographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness.ZONING CASE#:LOCATION:SUBJECT AREA:C14-2020-00072001 Guadalupe Street0.2 ACRES1'' = 200'SUBJECT TRACT2001 Guadalupe St. ZoningZONING BOUNDARY14 of 49B-07COATS ROSE A PROFESSIONAL CORPORATION Exhibit C JMJOSEPH@COATSROSE.COM DIRECT: (512) 541-3593 FAX: (512) 469-9408 April 7, 2020 JOHN M. JOSEPH DIRECTOR Mr. Mike McHone, Vice President University Area Partners 2026 Guadalupe St. Austin, TX 78705 VIA EMAIL: MCHONE1234@SBCGLOBAL.NET Re: 2001 Guadalupe St.; Case Number C14-2020-0007 Dear Mike: As we discussed on the phone before this Corona virus mess began, I would very much appreciate a telephone conference this week to discuss our client’s zoning request and the University Neighborhood Overlay (“UNO”) design standards. In seeking the addition of residential zoning for the subject property located at 2001 Guadalupe (“Property”), we are not seeking to avoid the design standards of the University Neighborhood Overlay. Because of the uncertainty of the availability of the new land development code rewrite, my client wishes to obtain residential development options for the Property as a matter of right. It is hard to imagine how this Property, or anyone could argue that this Property, would not be an appropriate location for residential use. As you know the chief objective is to be able to take advantage of the City of Austin residential density bonuses and incentives to achieve additional density, which is not available under the University Neighborhood Overlay. As you know, under that overlay the redevelopment of the Property would not be able to achieve a height in excess of 65 feet, even with the compliance with all the City of Austin’s density incentives. For your consideration and hopefully for your acceptance, my client proposes the following: Upon approval by the City of Austin of the mixed-use zoning designation (“CS-MU-NP”) for the Property, the Property owner will impress the subject Property a recorded restrictive covenant, which shall include the following design standards language, quoted from Section 12 of TERRACE 2, 2700 VIA FORTUNA, SUITE 350, AUSTIN, TEXAS 78746 PHONE: (512) 469-7987 FAX: (512) 469-9408 coatsrose.com HOUSTON | AUSTIN | DALLAS | SAN ANTONIO | NEW ORLEANS | CINCINNATI 15 of 49B-0716 of 49B-07April 7, 2020 Page 3 12.1.2 – Building Design Standards Exhibit “A” Buildings, including enclosed and unenclosed parking garages, shall avoid long expanses of blank, unarticulated exterior walls visible from a street, public plaza or public open space. The direction given here regarding massing and articulation of a building's public exterior is considered a matter of human comfort, achievable in any architectural style or design approach. For a project to be in compliance with the design guidelines, it must score a minimum of 8 points using the following point system: a. interruptions in the plane of a building façade shall be introduced at a spacing not to exceed 40-feet. This can be achieved through the articulation of wall surfaces, changes in fenestration patterns, or other building design elements. (2 points) b. use of contrasting materials, textures and colors, (2 points) c. introduction of windows and openings that promote visual and physical interaction between interior of building and street activity (2 points), d. the use of awnings or colonnades at street level, (1 point) e. variety of the roof line, (1 point) f. articulation of building entrances so they are distinguished from the general massing of the building, (1 point) g. the use of functional elements such as balconies or projected window boxes to promote the breakdown of a façade. (1 points) 12.1.3 - Placement of Windows a. inhabited spaces on the ground level shall have a minimum of 70% glass at sides facing a street; where inhabited spaces at ground level hold residential uses, the minimum glass percentage shall be reduced to 40%. b. inhabited spaces on the second level shall have a minimum of 40% glass at sides facing a street. c. glass at ground/street level and second level must have a transmittance ratio of 0.6 or higher. 12.1.4 - Building Materials a. the use of EIFS below a height of 65 feet is not allowed. b. the use of highly reflective glass is not allowed. 000000.000001\4838-6080-3753.v1 17 of 49B-07April 7, 2020 Page 4 c. wood shingles and wood siding are not allowed. d. the use of exposed concrete block as a finish material is not allowed. This includes split- faced, ground face and integrally colored flat concrete block. 12.1.5 - Parking Garages - Flat Slab Requirement Where adjacent to a public street, the floors of a structured parking garage, either stand-alone or mixed into the mass of a building, must either be flat or, if sloping, be hidden from view from the street(s), public plaza or public open space. 12.1.6 - Historical Authenticity Buildings located adjacent to a historic landmark shall create some accommodating element in their massing which will mitigate the contrast between the two. 12.1.7 - Streetscape Design Standards Includes standards for placement of street trees, light poles and street furnishings. I. STREET TREES: An owner shall install, irrigate and maintain street trees along an adjacent street right-of-way. a. all new trees shall be shade trees (non-utility compatible), unless conflict with utilities exist; see I (f). Refer to the Environmental Criteria Manual (ECM) Appendix 'F', for approved street trees species. b. street trees must be in scale with adjacent buildings and must be placed so as to create a continuous canopy at maturity. c. trees shall have a minimum of 5-inch caliper (measured 12 inches above the root ball) at installation, with a typical canopy height of 14 to 16 feet for Class I Shade trees. Minimum clearance for tree limbs and branches must be 7′-6″ above the level of the sidewalk to avoid potential conflict with pedestrians. Trees shall be trimmed proportionally to an ultimate clearance height of 14′-0″ above the sidewalk and street at maturity. d. trees shall be installed 4′-0″ O.C. back from face of curb, parallel to the curb. e. the standard tree spacing is 22′-0″ O.C. If existing conditions preclude the standard spacing, shade trees may be planted at a distance not to exceed 30′-0″ O.C.; utility compatible trees spacing shall not exceed 24′-0″ O.C. f. where existing utilities are in conflict with in-ground planting of shade trees, applicant shall: - plant utility compatible trees in above grade planters if both overhead and underground utilities are in place; 000000.000001\4838-6080-3753.v1 18 of 49B-07April 7, 2020 Page 5 - plant utility compatible trees in-ground, if conflict is with overhead lines; - plant shade trees in above grade planters, if conflict is with underground utilities. g. a minimum pedestrian clear zone width of 5 feet will be provided between the edge of a tree grate/planting bed and any walls/planters and/or other vertical element associated with a development (refer to COA Detail 710S-6A). If above grade planters are used, the minimum pedestrian clear zone shall be 6 feet (as per COA Detail 432S-7D). h. a new tree planted in a sidewalk must have a 6 feet x 6 feet tree grating which shall comply with COA Standard Detail 437S-2. A different plant bed configuration with or without a tree grate, may be approved by the Planning and Development Review Department, based on specific needs and an alternative form of equivalent compliance. II. PEDESTRIAN SCALE STREET LIGHTING: All development shall provide pedestrian scale street lighting along an adjacent street right-of- way. a. the standard pedestrian scale streetlight pole spacing is 44′-0″ O.C.; lights may be placed as far apart as 72′-0″ O.C. if existing conditions preclude the recommended spacing. b. on corner properties, the distance between the corner and the first light pole shall not exceed 25′-0″. c. light poles shall be installed 4′-0″ O.C. back from face of curb, aligned with the street trees. d. A minimum spacing of 11′-0″ O.C. shall be maintain between a light pole and a street tree. e. the "Pecan Street Light Pole" is the University Neighborhood Overlay fixture. III. STREET FURNISHINGS: Street furnishings, including benches, bike racks and trash receptacles, shall be provided by any development located within the Dobie, Guadalupe and Inner West Campus Sub-districts. In the Outer West Campus Sub-district, only developments with greater than 150 linear feet of cumulative street frontage shall be required to provide street furnishings described here. Within a given project, the street furnishings will compliment each other and the development they are a part of. Permitted finishes shall be one or a combination of the following: decay resistant hardwoods (benches slats only), and corrosion resistant finishes such as aluminum, cast iron, stainless steel or galvanized steel. 000000.000001\4838-6080-3753.v1 19 of 49B-07April 7, 2020 Page 6 Whenever applicable, street furnishings will be anchored with rust-resistant fasteners and treated with rust prohibitive coating, zinc epoxy primer, and powdercoat finish for superior corrosion resistance. All surfaces shall be pretreated with a grafitti preventer. The street furnishing requirements are as follows: a. Trash Receptacles: A minimum of one (1) receptacle shall be provided: • For mid-block properties, the receptacle shall be located within 12 feet of a primary entrance(s), aligned with lights and trees. • For corner properties, two (2) additional receptacles shall be provided adjacent to the corner ramps, facing both streets, (as per COA Standard Detail 432S-8C). b. Bike Racks: A minimum of four (4) bike racks, in addition to those required in other sections of the code. • Bike racks shall be installed perpendicular to the curb, 4′-0″ O.C. back from face of curb, aligned with trees and light poles (as per COA Standard Detail 710S-6A). • Bike racks shall be Class III, Type 1 inverted "U"(1-2 spaces only) - as per COA Standard Detail 710-S-1 (page 1 of 3). • Racks shall be made of continuous welds, with smooth edges. Finishes shall be one of the following: cast aluminum, stainless or galvanized steel or plastic color coated carbon steel. • Stainless steel tubing shall be 1 ½ inch, • When applicable, a fade resistant powder coat finish color shall use RAL color standards for compatibility with other products. c. Benches: A minimum of two (2) 5-foot wide benches with middle arm shall be installed per street frontage: • Standard placement: perpendicular to the curb and aligned with the trees and light poles, and facing each other arranged in a conversational grouping (as per COA Standard Detail 432S-9C), • If existing conditions preclude the standard placement benches may be placed parallel to the building, facing the street, within 6 inches of the building exterior wall (as per COA Standard Detail 432S), • Finishes may be metal or a combination of metal frame with wood slats. • Only hardwoods that are responsibly produced, durable and resistant to fire, moisture, insects, decay or vandalism i.e. Redwoods, shall be used. Stained, painted or varnished wood shall not be allowed. 000000.000001\4838-6080-3753.v1 20 of 49B-07April 7, 2020 Page 7 • If a corner property, two (2) benches will be installed along each street frontage for a total of four (4) benches minimum. 000000.000001\4838-6080-3753.v1 21 of 49B-07EXHIBIT D 22 of 49B-0723 of 49B-0724 of 49B-0725 of 49B-0726 of 49B-0727 of 49B-0728 of 49B-0729 of 49B-0730 of 49B-07COATS ROSE A PROFESSIONAL CORPORATION EXHIBIT E JMJOSEPH@COATSROSE.COM DIRECT: (512) 541-3593 FAX: (512) 469-9408 April 24, 2020 JOHN M. JOSEPH DIRECTOR Planning Commission City of Austin P.O. Box 1088 Austin, TX 78767 Re: 2001 Guadalupe Street, Austin, TX 78705 (the “Property) (Case No. C14-2020- 0007) Chair & Planning Commission Members: Thank you for your consideration of this zoning request and the application submitted on behalf of our client Powell Corbett, LLC (“Applicant”) for the property located at 2001 Guadalupe (“Property”). I have been in communication with Mr. McHone and understand the objection that he has made to this application on behalf of University Area Partners. Although, the objections are quite lengthy, the approval of the proposed application comes down to two issues. The first is that by opting into the University Neighborhood Overlay (“UNO”) the Property can increase density to a height of 65 feet. The second is by opting into UNO an applicant agrees to comply with the design standards. I proposed to Mr. McHone that if the mixed-use zoning (“MU”) if obtained, the Property will be impressed with a restrictive covenant requiring compliance with the UNO design standards per the Applicant’s agreement. The fundamental reason the Applicant is requesting MU zoning is because under UNO, the Applicant will be limited to a height of 65 feet. The City of Austin Land Development Code allows applicant 90 feet of height. This 25 foot difference translates to approximately 24, 938 square feet of density. Specifically, under UNO, developments with 65-foot height limitations typically allow a developer to achieve 5 full stories of building (95% of 8750 = 8312.5 square feet of land X 5 stories = 41,562 square feet of building). TERRACE 2, 2700 VIA FORTUNA, SUITE 350, AUSTIN, TEXAS 78746 PHONE: (512) 469-7987 FAX: (512) 469-9408 coatsrose.com HOUSTON | AUSTIN | DALLAS | SAN ANTONIO | NEW ORLEANS | CINCINNATI 016299.000001\4815-7812-8315.v1 31 of 49B-0732 of 49B-07C14-2020-0007 EXHIBIT F Memo Powell – Corbett LLC To: From: Hutson Land Planners; Charles Dunn Date: April 17, 2020 Re: Corbett Property; 2001 Guadalupe Street As requested, Hutson Land Planners & Development Consultants, LLC has reviewed the University Area Partners (UAP) letter dated April 9, 2020. This memorandum is intended to provide information helpful in the evaluation University Neighborhood Overlay requirements and the Affordability Unlocked Bonus Program (AUBP). The portions of the letter provided by Michael McHone for the UAP are reviewed below. UAP Letter “Although your letter indicates that your client has agreed to the University Neighborhood Overlay (UNO) Design Guidelines and Streetscape, it falls short in providing the increased density and affordability allowed by administratively opting-in to the UNO District.” Increased density would be obtained for the property through the Affordability Unlocked Bonus Program (AUBP). Allowing for greater density and affordability than allowed by UNO. UAP Letter “A comparison of these differences is as follows: 2001 Guadalupe is currently zoned CS and has 8750 Sq ft per TCAD. CS allows for 95% impervious cover and has a allowed FAR of 2:1; The street and side yards are required to be 10 ft and the maximum height is 60ft. 33 of 49B-07Page 2 Corbett Property April 17, 2020 There are landscaping and open space requirements for redevelopment with mixed use.” The AUBP provides for in LDC 25-2-518 - QUALIFYING DEVELOPMENT; (D) A qualifying development is not required to comply with: the height and setback requirements of Article 10 ( Compatibility (1) Standards ) except to maintain side setbacks as required by the base zoning district; the maximum floor-to-area ratio for the applicable base zoning district (2) under Section 25-2-492 ( Site Development Regulations ); (3) Subchapter F ( Residential Design and Compatibility Standards ) except to maintain side setbacks as required by the base zoning district; (4) Section 25-2-773 ( Duplex Residential Use ); or (5) minimum site area requirements. AUBP provides in 25-2-534 - QUALIFYING DEVELOPMENT EXCEPTIONS. (A) In this section, a qualifying development is a development certified under Section 25-1-724 ( Certification ) and participating in the Affordability Unlocked Bonus Program. If a qualifying development is also eligible to utilize a separate density bonus (G) program that grants density bonuses for the provision of affordable dwelling units or for the payment of a fee-in-lieu for affordable housing, then the qualifying development may comply with the least restrictive site development requirements if all affordable dwelling units are provided on-site. Thus providing the subject property with no required setbacks and no limit on the FAR. UAP Letter Sq ft. “Your client is seeking to add MU overlay to the property. The MU has site area requirements based on the bedrooms of the residential units; (LDC Appendix F section 4.2). For comparison purposes I have used the "1200 sq ft of site area for dwelling units with 2 or more bedrooms". (8750 Sq ft/ 1200 = 7.29 units X 4 bedrooms per unit = 28 bedrooms). The 2:1 FAR yields a total building size of 17500 34 of 49B-07The AUBP allows qualifying development not to comply with minimum site area or FAR requirements as stated in above in 25-518 (2) and (5). Page 3 Corbett Property April 17, 2020 UAP letter “The UNO Dobie Sub-district requires a project to provide UNO streetscape, design guidelines, and onsite affordability. The maximum height is 65 ft. UNO allows for those CS uses that are compatible with a pedestrian dominated environment (Local Uses) and residential uses in commercial base districts through an administrative process of opting-in at Site Plan submittal. UNO waives all yards, landscaping, and site area requirements and has no FAR. A property with CS base district zoning would be allowed 95% impervious cover.” The subject property as part of the requested zoning change has agreed to comply with the UNO streetscape and design guidelines. AUBP allows for increased height based on the development qualifying for the program. Type 1 development may construct to a height that is 1.25 of the applicable height of the base district; CS with 60 feet is allowed 75 feet. Type 2 development may construct to a height that is 1.5 of the applicable height of the base district; CS with 60 feet is allowed 90 feet. Commercial uses as allowed in the base district are limited to 25 percent of the gross floor area. FAR restrictions do not apply, impervious cover of 95 percent allowed, front setback of 5 feet is required. UAP letter full stories of building. In UNO developments a 65ft height limit typically allows a developer to achieve 5 (95% of 8750 = 8312.5 sq ft of land X 5 stories = 41,562 sq ft of building). AUBP allows Type 1 height limit of 75 feet, assuming 7 stories = 58,187 sf of approximately. Type 2 height limit of 90 feet assuming at least 8 stories = 66,500 sf approximately. UAP letter “UNO projects require two tiers of affordability. The first tier is required to be on-site and is 10% of the units or bedrooms at 60% of the median apartment rate as 35 of 49B-07Page 4 Corbett Property April 17, 2020 determined by the COA NHCD Department adjusted on an annual basis of the Austin CPI. The affordability term is 40 years and the current rate per month is $ 887. The 2nd tier of affordability is 50% of the Austin median rate and is currently $ The alternative to providing the 2' tier of Affordability onsite is to pay a onetime fee into the UNO Housing Trust Fund administered by NHCD for the construction in the UNO of projects with 30% or more on site affordability. The current fee is $1.00 per net sq ft of the residential component of a project. This fee is paid at the completion of 663 per month. the project.” AUBP also has two types of development; Type 1 requires 25% affordable units and for rental development at least 50% of the total units or sleeping units serving incomes averaging 60 % median family income (MFI) or below and at least 20% of the total units or sleeping units serving households with incomes of 50% MFI or below. Type 2 requires at least 50% of affordable units include two or more bedrooms and for rental development at least 75% of the total units or sleeping units serve incomes 60 percent MFI or below or at least 10% with incomes of 30% MFI or below. Owner occupied development requires at least 75% of units serve 80%MFI or below or at least 50% of the units serving household incomes of 80% MFI or below if the property is located within a ¼ mile of an activity corridor designated by imagine Austin and is served by bus or transit line. The minimum affordability period for rental development is the greater period as required by City of Austin or Austin Housing Finance Corp (AHFC) funding or 40 years, LDC 25-1-723 (E). Owner occupied dwelling units are 99 years following issuance of a certificate of occupancy, LDC 25-1-723. Utilization of the AUBP requires a greater percentage of affordable housing than required by UNO and requires in some instances affordable housing for lower MFI participants. UAP letter “Given the full benefits of UNO to the redevelopment of the district and accomplishing the goals of the Central Austin Combined Neighborhood Plan, University Area Partners have continuously opposed "one-off" rezoning request for property in the district that can take advantage of opting-in to UNO.” 36 of 49B-07Page 5 Corbett Property April 17, 2020 The vision and goals of the Central Austin Combined Neighborhood Plan are; Vision The Central Austin Neighborhood Plan shall preserve the historical character and integrity of single-family neighborhoods. It shall allow multifamily development and redevelopment in appropriate areas to reflect the historical nature and residential character of the neighborhood. The plan will address the needs of a diverse, pedestrian- oriented community and provide safe parks and attractive open spaces. The plan will foster and create compatible density in areas that are appropriate for student housing; new development will be appropriately oriented and scaled relative to its neighborhood in the combined planning area. Goals Goal One Preserve the integrity and character of the single-family neighborhoods. Goal Two Preserve the historic character and resources of the Central Austin Combined Neighborhood Planning Area neighborhoods. Goal Three Allow mixed-use development along the existing commercial corridors that is pedestrian oriented, neighborhood friendly, neighborhood scaled, and serves neighborhood needs. Goal Four West Campus should become a dense, vibrant, mixed-use and pedestrian oriented community. Goal Five Provide a safe environment and opportunities for all modes of transport. Goal Six Enhance and preserve existing open space, parks, and the natural environment. The proposed zoning request for 2001 Guadalupe certainly meets the vision and goals as outlined in the Central Austin Combined Neighborhood Plan as requested by the University Area Partners. 37 of 49B-07Coars I Ross, A PROFESSIONAL CORPOB*dTION EXHIBIT G l\I]osBP'i@co{'sR(xLxo l DrGd: (s14 54l 3s9:l F,r: (s 14 4n9 9403 May 8.2020 Cathy Norman President Unive6ity Area Partners, Inc., a Texas non-profit corporation c/o Mike McHone P.O. Box 8142 Austin, Texas 7871 3-8 142 Via First Class Mail Via Elechonic Mail at: mchonel234@sbcglobal.net Re: 2001 Guadalupe Street, Austin, TX 78705 (the "Pmperty) itrcident to the City of Austin Zoning Applicaliotr Case No. C14-2020-0007 (Zoning Application") and Offer of Resolution Ms. Noman and Mr. McHone: As you know, this firm represents the irterests of Powell-Corbett, LLC ("Owner" or "Clietrf') with respect to the pending Zoning Application submitted to the City of Austio for the Properry and which UDiversity Area Parhers, Inc. ("UAP') has filed an objection. The purpose of this letter is to oulline for UAP a compromise solution that would be bercficial to UAP and to our Client such that the hearing with the City of Austin Plarniag Commission on our Clienl's Zodng Application scheduled for May 12, 2020 is allowed to proceed unopposed. By way of background, our Client has submitt€d an application to the City of Austin for Commercial Servic.es-Mixed Use Zoning C'CS-MU). The fr.rndamental reason for our Client's Zoning Application is that under the University Neighborhood Overlay ("UNO'), our Client's development of the Property will be limited to a height of 65 feet. The City of Austin Land Development Code allows a property olgrlel 90 feet ofheight. This 25-foot dillererce translates to approximately 24, 938 square feet ofdensity. Specifically, urder UNO, developments with 65-foot height limitations t,?ically allov/ a developer to achieve 5 full stories of building (95% of8750 = 8312.5 square feet ofland X 5 stories = 41,562 squaxe feet of buildiry). Tts@ct 2. 2700 Vh FoRnNd SL[tr 351]. AllsIIs". llxr"s 737,16 PEoNE: (sla 46e,7937 !N: (s19 a69 9,rO3 HoUSTON IAUSTIN ]D.1lL{s ISANANTONIO I NEY/ORTEANS ICINCINNATI 01629.000001\4833-9735-0588.v1 38 of 49B-07May 8,2020 Page 2 In contrast the Affordability Unlocked Bonus Program ("AUBP') allows i) T}?e I height limit of 75 feet, assumiog 7 stories = 58,187 square feet; and ii) Type 2 height limit of90 feet assuming al least 8 stories = 66,500 squarc feet approximately. 1n support thereof, please see the April 17, 2020 memomndum ftom Charles Dunn ofHutson Land Planners Development Consultants, LLC to our Client and attached herewith as Exhibit "A'which outlines the differences between IINO and the AL]BP. In order to rcsolve UAP'S perding objection to our Client's Zorfng Apolication. I have bee[ in cornnunication with Mr. McHone in recent weaks related to our Client's offer to UAP which is as follows: If the CS-MU zoning for the Propefy is obtained the Owner shall cause: i) the Property to be impressed with a written rcstrictive covenant ("Restrictive Covenanl") executed by my Client and recorded in the real property rccords ill Travis County, Texas which shall rcquire that the Property comply with the LNO design standards (sheetscaoe and desiga guidelines) as set forth hercin on Exhibit 'B". The Restrictive Covenant shall run with the land and in the event that tlrc hoperty is sold to a successor owner, such Restrictive Covenant shall be in fi.rll force and effect; and ii) aoy fee paid by the Owner in lieu ofon-site affoldability will be restricted for use in the Universiry Neighborhood Overlay area. Additionally, ary multifamily rcdevelopment on the site shall comply with the Atrordability Unlocked Bonus Program (Austin LDC 25-1, Article 15, Division 4,25-l-720 tlnorJ€h25-l-725 a,J.d25-2-518) as set forth in Exhibit "C". As such, ifthe proposed CS-MU zoning for the Property is approved by City Courcil, and the Property is redeveloped as a multifamily developmed, ary fee in lieu of on-site affordability monies would be paid to the City of Austin Neighborhood Housing & Community Developmeot Deparhneat and restricted fol use in the University Neighborhood Overlay area. Please be advised that we deliver this letter to UAP in order to reach a fafu and reasonable comprcmise to UAP's curent objection to our Client's Zoni[g Application plia{q the Planning Commission hearing scheduled on May 12,2020. lf UAP agtees with the foregoing compromise, we will commence drafting of the goposed Restrictive Covenant such that UAP'S culrelrt objection to the Zoning Application may be withdnwn and we may notiry the City thal we have reached a lair and equitable compromise. Specifrcally, by signing below, the parties acknowledge and agree that: i) the foregoing offer is agreeable to UAP and to the Ollneq ii) that UAP shall with&aw its opposition to the May 12, 2020 Planning Commission headng ad that UAP and the Owner shall finalize a mutually agreeable form of the Reshictive Covenant pdor to City Council final approval of the Zoning Application; and iii) and upon the City Council's approval oftlrc CS-MU zoning for the Property, the Restrictive Covenant shall be recorded. We appreciate your time and consideratior ofthis proposal and look forward to working with you on a compromise that is in both parties' interest aIId mutual benefit. 0t 6299.00000t\48:t3-9735-0588.v1 39 of 49B-07a5!oel2a2n "La:36 5L24592345 CI]RBETT PAGE O3lA5 n4dy 8,2020 Page 3 Very tiEly Yollls, Xxr-- ["4q]*,^ A.knonlert€cd end AErred bv Otr,ler: AcknorlcrlEed e[4fl{rfcd lrl--U4ivcrsitv Arc{ Psrt er3. IDc-; or6299ro0t 0l\4ABr7]5"058$.Yl 40 of 49B-07EXHIBIT H Graham, Mark From: Sent: To: Cc: Subject: Attachments: mchone1234@sbcglobal.net Friday, May 8, 2020 1:52 PM Graham, Mark mchone1234@sbcglobal.net; John M. Joseph FW: RE: 2001 Guadalupe Scan.pdf; Ltr to UAP and Cathy Crawford re Zoning App JMJ-RH-CD 5-8-20 Red Line.docx *** External Email - Exercise Caution *** Mark, The bottom line for UAP is for the onsite provision of affordable housing for any redevelopment of sites within the UNO district. UAP does not support the "one off" rezoning request. The phrase in Mr. Joseph's letter stating affordability will on occur with "increased density " to us indicates redevelopment with the base CS-MU zoning which will not contain any affordability. Best regards, Mike Sent from my T-Mobile 4G LTE Device -------- Original message -------- From: "John M. Joseph" <jmjoseph@coatsrose.com> Date: 5/8/20 11:12 AM (GMT-06:00) To: Mike McHone <mchone1234@sbcglobal.net> Cc: Kelly Wright <kwright@coatsrose.com>, Tammi Nelson <tnelson@coatsrose.com> Subject: RE: 2001 Guadalupe Mike, I am attaching, in addition to the letter with your language, a red line draft of the language that we prefer. Please let me know if this will work. We want to make sure that it applied to “residential” and not simply “multifamily” and that it applied to “increased density”. Please note we also need an email address for Cathy Norman. The case manager tells us that if we get the letter agreement to him Monday he will place the matter on the consent agenda. Thanks. 1 41 of 49B-07From: Mike McHone <mchone1234@sbcglobal.net> Sent: Thursday, May 7, 2020 4:49 PM To: John M. Joseph <jmjoseph@coatsrose.com> Cc: 'Mike McHone' <mchone1234@sbcglobal.net> Subject: 2001 Guadalupe Hi John, Best, Mike Attached is some language that I hope clarifies the residential component of any new development. This e-mail and/or attachment is for the sole use of the intended recipient(s) and may contain confidential and/or legally privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to CSIRT@austintexas.gov. 2 42 of 49B-07EXHIBIT I 43 of 49B-0744 of 49B-07EXHIBIT J To: Planning Commission From: Mark Graham, Senior Planner (blue text) Date: May 12, 2020 Subject: Case C14-2020-0007 – 2001 Guadalupe Street Commissioner Shaw (black text): There is significant discussion comparing entitlements allowed between UNO and Affordability unlocked as if the applicant is providing affordable housing in order to obtain these entitlements. Using either program, University Neighborhood Overlay (UNO) or Affordability Unlocked Bonus Program (AUBP) the property owner can build residential units without rezoning. I do not see any commitment to provide affordable housing in return for this zoning change. I believe the City's interest would be better served if the applicant achieved entitlements through UNO as this would require affordable housing to obtain the height increases. Staff does not see any commitment to providing affordable housing. Both programs require building a significant number of affordable housing units in exchange for height, floor to area ratio, waivers to setback, parking reductions and other incentives. The requested Mixed Use (MU) zoning is required if the property owner wants to build market rate residential units and is willing to forgo the incentives. There is agreement to following UNO streetscape and building design standards. Agreement letter mentions fees in lieu of on-site affordability twice. Also, I do not see confirmation that UAP agrees to this RC. UAP signed the letter which was very last page at the end of the PC late backup file. (letter attached) The letter of agreement to say that Coats-Rose and UAP will draft the RC and and finalize a mutually agreeable form of the RC prior to Council approval and after Council approval, record the Restrictive Covenant. Can we get this before the meeting? Staff can respond to these concerns and my interpretation of the rules. I would still like to discuss. 45 of 49B-07Compare Development on 2001 Guadalupe St with Current and Requested Zoning, and Affordable Housing Programs UNO and AUBP Current Zoning Requested Zoning CS-NP UNO AUBP - Type 1 AUBP - Type 2 CS-MU-NP EXHIBIT K Commercial Residential Summary Site area (sq. ft.) Maximum height (feet) Stories Minimum front setback (feet) Minimum street side yard (feet) Minimum interior side yard (feet) Minimum rear setback (feet) Floor to Area Ratio (FAR)[rate] FAR (area) [sq. ft.] Building Envelope (calculated) [sq. ft.] Minimum lot area (sq. ft.) Gross floor area (sq. ft.) Maximum commercial area (sq. ft.) buildable lot area (sq. ft.) Maximum impervious coverage Maximum building coverage Estimated Dwelling Units (if 100% residential) Estimated Sleeping Rooms (if 100% residential) Estimates prepared for Case C14-2020-0007 Austin Planning and Zoning Department by Mark Graham, Senior Planner yes no 8,750 60 5 10 10 0 20 2:1 17,500 5,700 5,750 17,500 17,500 5,700 95% 95% 0 0 yes yes 8,750 65 5 waived waived 0 waived waived 41,560 8,312 2,500 41,560 17,500 8,312 95% 95% 34 136 yes yes 8,750 75 6 5 10 0 10 waived 45,000 7,500 waived 45,000 11,250 7,500 95% 95% 37 148 yes yes 8,750 90 7 5 10 0 10 waived 52,500 7,500 waived 52,500 13,125 7,500 95% 95% 43 172 yes yes 8,750 60 5 10 10 0 20 2:1 17,500 5,700 5,750 17,500 17,500 5,700 95% 95% 7 56 5/22/2020 46 of 49B-07Applicant Postponement Request EXHIBIT L 47 of 49B-07EXHIBIT M 48 of 49B-07 Memo Jerry Rusthoven – City of Austin To: From: Hutson Land Planners; Charles Dunn Date: Re: July 29, 2020 Corbett Property; 2001 Guadalupe Street This memo is a follow-up to our telephone conference at the end of June regarding development and ordinance opportunities for the Powell-Corbett property located at 2001 Guadalupe Street. Based on our conversation, you indicated that the subject property has two options under current code to utilize the Affordable Unlocked Bonus Program (AUBP). The AUBP would provide for a qualifying development project to have additional height, floor area and other development related benefits. One option available to the currently CS-NP (Commercial Services -Neighborhood Plan) zoned property would be to request and receive approval of a zoning change to add Mixed Use (MU) Combining District to the existing zoning. This new zoning CS-MU-NP would allow for utilization of the AUBP regulations with the opportunity for increased height to 90 feet depending on appropriate AUBP project qualification. The second option is for the existing CS-NP property to elect to follow the UNO (University Neighborhood Overlay) and then utilize the AUBP regulations to have increased height to 90 feet depending on appropriate AUBP project qualification. Opting in to UNO is an election that can be decided by the property owner at time of development and is not discretionary on the part of the City of Austin so long as the project meets the UNO requirements as outlined in the Code and reflected on the submitted site plan. I respectfully request a written response as soon as possible to confirm that my understanding of these general City ordinance opportunities related to AUBP on the subject property are correctly reflected above. If you have any questions please do not hesitate to contact me by email at charles@hutsonlandplanners.com or at 512-327-8222. Thank you for your assistance in this matter. 49 of 49B-07