B-04 (C14-05-0112(RCA2) - AMLI South Shore; District 9).pdf — original pdf

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C14-05-0112(RCA2) 1 RESTRICTIVE COVENANT AMENDMENT CHANGE REVIEW SHEET CASE: C14-05-0112(RCA2) – AMLI South Shore DISTRICT: 9 EXISTING ZONING: ERC (Corridor Mixed Use) ADDRESS: 1720 South Lakeshore Blvd SITE AREA: 10.48 acres PROPERTY OWNER: 1620 East Riverside Drive, LLC. (Taylor Bowen) AGENT: Drenner Group, PC (Amanda Swor) CASE MANAGER: Kate Clark (512-974-1237, kate.clark@austintexas.gov) STAFF RECOMMENDATION: Staff recommends amending the Restrictive Covenants to increase the total number of units allowed on site to 520 units and removing the ownership requirements. For a summary of the basis of staff’s recommendation, see page 2. PLANNING COMMISSION ACTION / RECOMMENDATION: August 25, 2020 Scheduled for Planning Commission July 28, 2020 Approved the Neighborhood’s request to postpone to August 25, 2020. [F. Kazi, J. Thompson – 2nd; C. Hempel was absent]. Vote 12-0. CITY COUNCIL ACTION: September 3, 2020 Scheduled for City Council RESTRICTIVE COVENANT AMENDMENT RECORDING NUMBER: On August 18, 2020 staff received an email from the EROC Contact Team stating they voted to oppose the removal of the for-sale requirement proposed by the applicant. Staff has received comments both in favor of and in opposition to this case, please see Exhibit C: Correspondence Received. ISSUES 1 of 17B-4C14-05-0112(RCA2) 2 CASE MANAGER COMMENTS: This property is approximately 10.48 acres and currently developed with a mixed-use project containing multifamily residential and commercial uses. It was rezoned to ERC with the East Riverside Neighborhood Plan Rezoning Case in 2006 and is surrounded by other properties within the ERC. That rezoning case included a public Restrictive Covenant (RC Recording No. 2007039123) which was later amended in 2011 (RC Recording No. 2011186530), please see Exhibit B: Original Restrictive Covenants. The Applicant’s request is to modify the ownership requirement from the first RC to remove the requirement that a minimum of 45 residential units be for sale and to increase the maximum number of residential units allowed on the property from 450 units to 520 units from the amended RC. No other changes are proposed at this time. BASIS OF RECOMMENDATION: Staff recommends the Applicant’s proposed changes to the Restrictive Covenants to allow for increased density and removal of ownership requirements. This is an existing mixed-use development. Currently the Applicant is proposing all new construction in an undeveloped area of the property with no increased entitlements other than the density. The Applicant is not proposing any changes to the existing Lady Bird Boardwalk Trail access. Allowing additional units for this development would increase density in an area that is already developed without replacing any existing units. EXISTING ZONING AND LAND USES: Site North South East West Zoning Land Uses ERC Mixed Use Lady Bird Lake N/A ERC and PUD Commercial and Mixed Use ERC ERC Multifamily Multifamily NEIGHBORHOOD PLANNING AREA: East Riverside/Oltorf Combined NP Area TIA: The site must demonstrate compliance with the TIA and final memo approved with SP- 2007-0710(XT) at the time of site plan. A new or amended traffic impact analysis may be required but should be deferred to the time of site plan application. WATERSHED: Lady Bird Lake (urban) 2 of 17B-4C14-05-0112(RCA2) 3 OVERLAYS: ADU Approximate Area Reduced Parking, Residential Design Standards, Scenic Roadways Overlay (Riverside Drive), Waterfront Setbacks Overlay. SCHOOLS: Sanchez Elementary, Martin Middle and Austin High Schools. NEIGHBORHOOD ORGANIZATIONS Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin Crossing Gardenhome Owners Assn. (The) Del Valle Community Coalition East Austin Conservancy East Riverside/Oltorf Neighborhood Plan El Concilio Mexican-American Association Contact Team Neighborhoods Friends of Austin Neighborhoods Friends of Riverside ATX Neighborhood Citizens Association AREA CASE HISTORIES: Homeless Neighborhood Association Neighborhood Empowerment Foundatio Pleasant Valley, Preservation Austin SELTexas Sierra Club (Austin Regional Group) South Central Coalition South River City Citizens Assn. Southeast Austin Neighborhood Alliance Waterfront Condominium Homeowners Zoning Committee of South River City Number Request Commission City Council To rezone approximately 700 acres from various to ERC To grant ERC. Approved ERC. (5/9/13) C14-2012-0111 East Riverside Corridor Regulating Plan-East Riverside Oltorf Combined Neighborhood C14-2011-0129 East Riverside Corridor Regulating Plan C814-2008-0087 South Shore District PUD To rezone 1,000 acres from various to ERC Case expired. Case expired. To grant PUD-NP. Approved PUD-NP. (12/17/09) From MF-3/MF-3- NP, CS-1NP/GR-NP, GR-NP, LR-NP/MF- 3/MF-3/MF-3-NP to PUD-NP 3 of 17B-4C14-05-0112(RCA2) 4 RELATED CASES: C14-05-0112: as a part of this zoning case the property had a restrictive covenant (RC) place on it. This is document 2007039123. C14-05-0112(RCA): this was the first amendment to the original RC. This is document number 2011186530. Please see Exhibit B: Original Restrictive Covenants for copies of all the RCs on this property. EXISTING STREET CHARACTERISTICS: Street ROW Pavement Classification Sidewalks Bike Capital Metro (within ¼ mile) Route ~81’ 92’ 43’ Yes Yes ~157’ 140’ ~92’ Yes Yes 2 3 S. Lakeshore Blvd. E. Riverside Drive OTHER STAFF COMMENTS: Transportation The Austin Strategic Mobility Plan (ASMP), adopted 04/11/2019, identifies existing right-of- way as sufficient for S. Lakeshore Boulevard and E. Riverside Drive. The site must demonstrate compliance with the TIA and final memo approved with SP-2007-0710(XT) at the time of site plan. A new or amended traffic impact analysis may be required but should be deferred to the time of site plan application. INDEX OF EXHIBITS TO FOLLOW Exhibit A: Restrictive Covenant Amendment Map Exhibit B: Original Restrictive Covenants Exhibit C: Correspondence Received 4 of 17B-4( SF-3-NP ( ( ( SF-3-NP ( T N S ( ( N ( Y SF-3-NP L ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( 01-0166 JESSE E SEGOVIA ST 01-0166 SP-03-0063C ( ( SF-3-NP ( ( T Y S ( N O H T N A ( P-NP C14-01-0166 NP-01-0010 P-NP 00-2102 P-NP 00-2 102 C14-00-2102 P-NP NCDSA 001214-20 88-29 T N S O H I C C 88-0029 COLORADO RIVER LADY BIRD LAKE 59-139 VAC. BLDG. 06-0053 06-0053 62-31 69-215 70-98 C14-06-0053 69-257 C14-06-0117 ( ( 67-45 R87- GR-MU-CO ( ( T S E V O L N A M ( ( 73-160 C14-01-0002 01-0002 81-52 C14-01-0001 APTS. T E S V O L N A M 77-39 ERC C14-04-0030 ( 04-0030 60-142 APTS. ! ! ERC ! CONV.STORE ! ! ! GAS ! ! ! ! ! ! APTS. 05-0112 68-125 ! ! ! ! SP-2007-0494D ! ! ! ! C14-05-0112(RCA) APTS. ! 9 9 2 - 2 7 B N D R V S 5 3 H I S 73-91 IN ( GLE W SF-3-NP (( ( D ST O O ( SF-3-NP ( LR-NP O L D E ( D R E S S T RIV 6 4- A S ( ( E R SID V A C E D A U R T O E R O T 74-52 C. S ! E L E G. D L ! C. B VA ! P69-8 G. D L C. B A V ! ! ! ! ! ( ( SF-3-NP ( LU LO-CO-NP LR-MU-CO-NP ( PIN E LN ( ( SF-3-NP E OFFIC MF-2 ( APTS. MF-4-NP 66-63 MF-4 ( ( MF-4-NP ( ( C14-04-0136 ( GO-NP ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( SF-3-NP ( ( R E D LAIR ( EL B ( SF-3-NP ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( T MIT S ( M U S ( ( ( ( ( ( ( ( ( ( ( ERC P 7 9 - 1 5 5 2 1 - 8 6 62-81 ( ( ( R D D N A L P U ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( SF-3-NP ( ( Y VALE ST ( ( ( ( ( ( ( ( ( ( ( ( ( = = ( SF-3-NP ( ( S U N N ( ( ( ( ( ( EL M H = = U R S R ( ( T D ( SF-3-NP ( ( ( ( = ( ( ( ( ( 03-0077 ( ( ( ( NPA-2007-0021.01 ( MF-2-NP = ( ( ( R A D M O SF-3-NP L ( 75-44 63-157 ( RIE O N T A L S T O SPC-02-0001C PARTS ERC 77-20 LUBE ( R A D ( M LO ( ( R E 80-42 APTS. 69-9 UNDEV MF-2-CO-NP C14-03-0077 APTS N R L E K R PA 2 0 1-1 7 72-143 5 5 - 5 70-152 7 P 7 9 - 5 6 ERC 2 0 1 - 1 7 FAST 9 1 6-0 7 E R I V E R S I D E D R RIVER HILLS CENTER R S T D 93-0121 70-152 E R 67-225 Y A L C 75-82 O R ERC LADY BIRD LAKE P-NP ! ! ! ! ! ! SOUTH LAKESHORE BLVD C14-05-0112 63-49 APATRMENTS NPA-2012-0021.02 NPA-2011-0021.02 PUD-NP C14-2012-0111 C814-2008-0087 APARTMENTS ERC P82-65 PUD SHORE DISTRICT DR 68-254 APTS. PUD C814-2008-0087 C14-05-0112.01 73-204 ERC 67-174 PUD-NP C814-2008-0087 63-49 D D R R O ERC NIN F TIN PUD-NP SP-03-0178CS PUD-NP C814-2008-0087 C814-2008-0087.01 R K D E E R N C W O T 69-223 C814-06-0109 PUD-NP ERC C A R E L M O N T D R SP92-262C ERC C14-2018-0065 ± SUBJECT TRACT Restrictive Covenant Amendment ! ! ! ! ! ! PENDING CASE CASE#: C14-05-0112(RCA2) ZONING BOUNDARY 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 " = 400 ' This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Created: 6/17/2020 5 of 17B-4_ _ _ __ _ _ _ _ "7' Zoning Case No. C14-05-0112 RESTRICTIVE COVENANT OWNERS: Jimmy Nassour (Tract I) Jimmy Nassour, Trustee (Tract 11) Stephen Oyster and Tina Oyster (Tract 111) Austin 1825 Fortview, Inc., a Texas corporation (Tracts IV, V, and VI) ADDRESS: See Below OWNER: Contessa Dormitory Associates, Ltd., a Texas limited partnership (6.926 acres) ADDRESS : 3724 West Jefferson Street, Suite 306, Austin, Texas 7873 1 CONSIDERATION: Ten and No1100 Dollars ($10.00) and other good and valuable consideration paid by the City of Austin to the Owner, the receipt and sufficiency of which is acknowledged. PROPERTY: A 6.926 acre tract of land, more or less, out of the Santiago Del Valle Grant, in Travis County, the tract of land being more particularly described by metes and bounds in Exhibit A attached and incorporated into this covenant; and Tracts I, 11,111, IVY V, VI, being those certain lots out of Riverside Divide Section 3 and Shamrock Addition, in the City of Austin, Travis County, as shown on Exhibit B attached and incorporated into this covenant. WHEREAS, the Owners of the Property and the City of Austin have agreed that the Property should be impressed with certain covenants and restrictions; NOW, THEREFORE, it is declared that the Owners of the Property, for the consideration, shall hold, sell and convey the Property, subject to the following covenants and restrictions impressed upon the Property by this restrictive covenant. These covenants and restrictions shall run with the land, and shall be binding on the Owners of the Property, its heirs, successors, and assigns. Development of the Property is subject to Ordinance No. 2006083 1-068 that established standards for commercial design, including the development bonuses provided in Section 4.3.4 of Subchapter E. 2. A driveway that provides vehicular access from a public right-of-way to the Property may not be gated. A 100-foot wide building setback shall be established from the shoreline of Town Lake. Improvements permitted within this setback zone are limited to utility crossings, drainage and water quality improvements, the hike and bike trail, or those improvements that may be otherwise required by the City of Austin or specifically authorized in this covenant. 4. The maximum height of a building or structure is 60 feet from ground level. 1. 3. Restrictive covenant-Nassour/Contessa Dormitory Assoc 6 of 17B-4Owner is responsible for the construction of the hike and bike trail within a 30-foot wide easement to be provided by the Owner for this purpose prior to the issuance of a certificate of occupancy for a residential project. Public pedestrian access shall be provided from East Riverside Drive and Lakeshore Boulevard to Town Lake on the east and west sides of the Property. A minimum of 45 residential units shall be provided as for-sale properties. A maximum of 375 dwelling units for rental may be constructed on the Property. A minimum of 10,000 square feet of retail uses shall be provided along East Riverside Drive. An area within the Property shall be provided to allow for regional water quality controls to capture, isolate and treat a minimum 10.94 acres of stormwater runoff fiom off-site contributing drainage areas. The owner will work with the Watershed Protection and Development Review Department staff to identifjr the opportunity available to capture and treat additional run-off. The size and location of the on-site water quality controls shall be agreed to and approved by the City. The water quality controls shall comply with the water quality control standards as set forth in Section 25-8-213 of the City Code. Five percent of the residential units in the vertical mixed use (VMU) building shall be reserved as affordable, for a minimum of 40 years following the issuance of the certificate of occupancy, for rental by households earning no more than 80 percent of the annual median family income (MFI). If any person or entity shall violate or attempt to violate this agreement and covenant, it shall be lawful for the City of Austin to prosecute proceedings at law or in equity against such person or entity violating or attempting to violate such agreement or covenant, to prevent the person or entity fiom such actions, and to collect damages for such actions. If any part of this agreement or covenant is declared invalid, by judgment or court order, the same shall in no way affect any of the other provisions of this agreement, and such remaining portion of this agreement shall remain in full effect. If at any time the City of Austin fails to enforce this agreement, whether or not any violations of it are known, such failure shall not constitute a waiver or estoppel of the right to enforce it. This agreement may be modified, amended, or terminated only by joint action of both (a) a majority of the members of the City Council of the City of Austin, and (b) by the owner(s) of the Property subject to the modification, amendment or termination at the time of such modification, amendment or termination. This Restrictive Covenant may be executed in any number of counterparts, each of which is deemed to be an original, and all of which are identical. Restrictive covenant-Nassour/Contessa Dormitory Assoc 7 of 17B-4EXECUTED this the 1-4 day of A 200f-7 Ck 6.926 acres (Exhibit A) Contessa Dormitory Associates, Ltd. a Texas limited partnership THE STATE OF TEXAS COUNTY OF TRAVIS 0 0 7 This instrument was acknowledged before me on this the , by Manny Farahani, President of ASC Development, L.C., a Texas limited liabfity General Partner on behalf of Contessa Dormitory Associates, Ltd., a Texas limited of ~ k w partnership. c%ee- Notary Public, State of Texas Restrictive covenant-Nassour/Contessa Dormitory Assoc 8 of 17B-4EXECUTED this the 1 5 ~ day of /%..6t#~d ,200@7 Tract I (Exhibit B) Tract 11 (Exhibit B) THE STATE OF TEXAS COUNTY OF TRAVIS 8 8 8 8 This instrument was acknowledged before me on this the &day by Jimmy Nassour. of ~ & R L ~ A A cJ 9 ComrtssloW EXPIRES: Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF TFUVIS This instrument was acknowledged before me on this the *day @+by Jimmy Nassour, Trustee. m0-I of FCBR~M + , & O W Notary Public, State of Texas Restrictive covenant-Nassour/Contessa Dormitory Assoc 9 of 17B-4EXECUTED this the / 5k day of F b w + 200d7 Tract III (Exhibit B) p~~~ Tina Oyster Address: 3bLs .L.&Ke- h 5 f i d &-1/3 rcFv57,d , ( 1 78703 cc # ~ D I This instrument was acknowledged before me on this the E & a y of COMMISSION EXPIRES: Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF TRAVIS & 3886: by Stephen Oyster. fl 2007 THE STATE OF TEXAS COUNTY OF TRAVIS =by Tina Oyster. @ 200-7 0 5 8 5 This instrument was acknowledged before me on this thel*ay of : NOTARY PUBLICSTATEOF TUlAS COMMISSION EXPIRES: Notary Public, State of Texas Restrictive covenant-Nassour/Contessa Dormitory Assoc 10 of 17B-4EXECUTED this the day of f%%'Z.dW ,2006 7 Tracts IV, V, VI (Exhibit B) Austin 1825 Fortview, Inc. a Texas corporation Address: 3%9 l5k.e ML ED * 200 I THE STATE OF TEXAS COUNTY OF TRAVIS 8 5 & p ~ 0 7 - This instrument was acknowledged before me on t 's the &&ay by T r m m ~ d ~ o v l e , Vrck ?s &SIDWT Fortview, Inc., a Tekas corporation, on behalf of the corporation. of /31&W Notary Public, State of Texas .................................. MARIE A. HOWELL MTARY W&UC STATE OF TEXAS COYYIS8IOI EXPIRES: JANUARY 24. ZOOQ APPROVED AS TO FORM: City of Austin Restrictive covenant-Nassour/Contessa Dormitory Assoc 11 of 17B-412 of 17B-413 of 17B-414 of 17B-4Planning Board, I am one of the owners of 1818 South Lakeshore Blvd., the condominium complex adjacent to this proposed project. I would like to go on record as opposing this request, specifically the portion related to removal of the deed restriction that addresses “for-sale units.” If you review the history of redevelopment of this property dating back to 2005, you will see that a significant amount of green space, trees and public access was removed in order to build the current AMLI buildings. A great amount of energy and time was spent in negotiations between the City, stakeholders, and adjacent property owners crafting the density bonus package and deed restrictions currently on this property. I understand there are housing demands, and the City is looking for increased density, however we should not give away the concept of homeownership for this goal. It was important 15 years ago and even more so now to make available “for sale units” in this area of the City. I am certain AMLI will decry opine that it does not fit into their business practices, or business model. This was their position in 2005 and significant bonuses were received by them at the time of redevelopment. I would ask that this Board and the City insist that AMLI live up to their obligations and that you deny their request.  Sincerely , Stephen Tittle 15 of 17B-4Clark, Kate From: Sent: To: Subject: Hi,   Tim Thomas Tuesday, July 28, 2020 9:54 AM Clark, Kate C14-05-0112(RCA2) *** External Email - Exercise Caution ***   I would like to add my enthusiastic support for removing the requirement for home ownership on this property and  add additional rental units.     The majority of the people who live in my neighborhood rent. While opportunities for home ownership sound good in  theory, in practice they help to increase segregation the neighborhood. Due to historical structural racism, such as the  way the GI Bill was handled, the majority of people with the generational wealth to purchase a home in this area are  white, and so saying you prefer home ownership is implicitly saying you would prefer more white people in the  neighborhood without having to say it explicitly.    These additional rental units will provide additional housing for the people who need it most and I urge you to remove  the conditional overlay.  Thanks,  Tim Thomas  3403 Santa Monica, 78741  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.   1 16 of 17B-4Clark, Kate From: Sent: To: Cc: Subject: Malcolm Yeatts Tuesday, August 18, 2020 2:37 PM Clark, Kate 'Amanda Swor' RE: C14-05-0112(RCA2) proposal *** External Email - Exercise Caution *** The EROC Contact Team has voted to oppose the removal of the for‐sale requirement proposed by the zoning change  request. The vote closed Monday night 8/17. The owner had proposed additional affordable rental units in exchange for  the removal of this requirement, but the Team did not consider the additional number of units to be an adequate  exchange for a requirement that was specified by City Council in the NPA‐05‐0112. Increasing the opportunities for  owner‐occupied housing is one of the main goals of the EROC Plan.  I would like to speak at the Planning Commission  meeting.  Malcolm Yeatts Chair, EROC Contact Team  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.   1 17 of 17B-4