B-09 (C14-2020-0135.SH - Lott Avenue, District 1).pdf

Planning Commission – Jan. 26, 2021

B-09 (C14-2020-0135.SH - Lott Avenue, District 1).pdf — original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 3 TO: SF-6-CO-NP CASE: C14-2020-0135.SH ZONING FROM: SF-3-NP ADDRESS: 4908 Lott Avenue, 5000-5106 Lightfield Lane, & 1160-1166 Mason Avenue SITE AREA: 5.01 acres PROPERTY OWNER: 4908 Lott Holdings, LLC (Matt McDonnell) CASE MANAGER: Heather Chaffin (512-974-2122, heather.chaffin@austintexas.gov) STAFF RECOMMENDATION: Staff supports the Applicant’s request for rezoning to townhouse/condominium residential-conditional overlay-neighborhood plan (SF-6-CO-NP) combining district zoning. The conditional overlay will limit impervious cover to 51% exclusive of any shared-use path that allows public access to Springdale Neighborhood Park. AGENT: Armbrust & Brown, PLLC (Michael Whellan) For a summary of the basis of staff’s recommendation, see case manager comments on page 2. PLANNING COMMISSION ACTION / RECOMMENDATION: January 26, 2021: CITY COUNCIL ACTION: February 18, 2021: ORDINANCE NUMBER: 1 of 24B-9C14-2020-0135.SH 2 ISSUES The proposed rezoning is for a 5.01 acre tract that was platted for 31 single family and duplex residential units in 2019. Please see Exhibit C- Approved Plat. The property changed hands in September 2020; the new owner is proposing 55 townhouse/condominium residential units. The applicant has provided a SMART Housing letter stating that 5 ownership units will be included at 80% of Median Family Income (MFI) for 99 years. Please see Exhibit D- SMART Housing Letter. CASE MANAGER COMMENTS: The rezoning tract is located northeast of the intersection of Lott Avenue and Mason Avenue in the MLK-183 area of the East MLK Combined Neighborhood Planning Area (NPA). The property is undeveloped and zoned SF-3-NP. Immediately north of the property is Springdale Neighborhood Park, which is zoned P-NP. The eastern boundary is Fort Branch Creek, and properties to the east are zoned SF-3-NP. While some of these properties are undeveloped because of their location in the floodplain, others in the area are developed with single family residences. Further to the east, on Delano Street and Jackie Robinson Street are properties zoned SF-6-NP and SF-6-CO-NP. South and southwest of the rezoning tract is a single family neighborhood zoned SF-3-NP. A single SF-6-NP tract is located in the vicinity and appears to be developed with a single family residence. To the west and northwest of the rezoning tract are single family residences zoned SF-3-NP. Further west, along Webberville Road, is a mix of SF-3-NP and GR-MU-NP zoned properties, including single family and multifamily properties, as well as a fire station. Please see Exhibits A and B- Zoning Map and Aerial Exhibit. As stated previously, the eastern boundary of the rezoning tract is Fort Branch Creek. As shown on the aerial exhibit, a portion of the tract is located in floodplain and creek buffers that limit development. The aerial also shows the significant tree coverage. In addition to these constraints, the topography of the site also reduces development options. Exhibit E shows the contours on the site and the slopes greater than 15% along the eastern portion of the tract. Development in these areas is greatly limited. Please see Exhibit E- Topography Exhibit. Staff has received correspondence in support of the rezoning request. Please see Exhibit F- Correspondence. Staff supports the applicant’s request of SF-6-CO-NP, with the limit of 51% impervious cover exclusive of a path that will provide public access to Springdale Neighborhood Park. The site is significantly restricted by environmental constraints; although single family plat has been designed for the site, SF-6 zoning would allow clustering of units away from the slopes, floodplain and creek buffers adjacent to Fort Branch Creek. Clustering of units would also allow more trees to be preserved and less impervious cover to be used. By allowing clustered townhouse/condominium units, the site could provide more residential units than a single family development—55 units instead of 31. It would provide alternative housing types in the predominately single family area. As a SMART Housing development 5 ownership units would be included at 80% of Median Family Income (MFI) for 99 years. 2 of 24B-9C14-2020-0135.SH 3 BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the goals and objectives of the City Council. The rezoning should be consistent with the policies and principles adopted by the City Council or Planning Commission. Zoning should promote clearly-identified community goals, such as creating employment opportunities or providing for affordable housing. 2. 3. The requested SF-6-CO-NP rezoning meets the criteria above. The rezoning would allow development of the property with both market rate and affordable ownership residential units. The Strategic Housing Blueprint, as adopted by Council, promotes additional affordable housing across the city. A mix of housing types in an area has been promoted by Commission and Council, to allow a range of individuals and families to find suitable options. EXISTING ZONING AND LAND USES: SF-3-NP ZONING Site North P-NP South SF-3-NP, SF-6-NP East SF-3-NP, SF-6-CO-NP, SF-6-NP West SF-3-NP, GR-MU-NP LAND USES Undeveloped Springdale Neighborhood Park Single family residential Single family residential, Undeveloped Single family residential, Multifamily residential, Fire station NEIGHBORHOOD PLANNING AREA: East MLK Combined (MLK/183) TIA/NTA: A Neighborhood Traffic Analysis (NTA) will be required at time of site plan or subdivision if triggered by proposed development intensities. WATERSHED: Fort Branch SCHOOLS: Ortega Elementary Martin Middle School Eastside Memorial High School NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Neighbors United for Progress Hog Pen Neighborhood Association Austin Lost and Found Pets Preservation Austin Neighborhood Empowerment Foundation Bike Austin Friends of Austin Neighborhoods Springdale-Airport Neighborhood Association East MLK Combined Neighborhood Plan Contact Team Austin Neighborhoods Council Seltexas East Austin Conservancy Friends of Northeast Austin Lincoln Garden Association Del Valle Community Coalition Sierra Club Homeless Neighborhood Association 3 of 24B-9C14-2020-0135.SH 4 AREA CASE HISTORIES: CITY FILE # / NAME ZONING FROM & TO SF-3-NP to SF- 6-NP PLANNING COMMISSION CITY COUNCIL 7-30-2020 Approved SF-6-NP SF-3-NP to SF- 6-NP 6-23-2020 Approved SF-6- NP C14-2019-0107.SH Jackie Robinson Residential 5511, 5515, 5517, and 5519 Jackie Robinson St C14-2017-0097 Jackie Robinson Residential 1321 Delano St, 5600 Jackie Robinson Ln C14-2015-0019 5306 Samuel Huston 5306 Samuel Huston Ave. RELATED CASES: NPA-2020-0015.04.SH – Lott Avenue Request: From Single Family to Higher Density Single Family EXISTING STREET CHARACTERISTICS: 01-23-2018 Apvd SF-6-CO-NP with max 62 du, NTA RC 06-23-15- Denied Applicant's request SF-3-NP to SF- 6- NP 02-15-2018 Grant SF-6-CO-NP as rec by PC 09-10-15- Withdrawn by Applicant OTHER STAFF COMMENTS: Environmental 1. The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Fort Branch 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. 2. Zoning district impervious cover limits apply in the Urban Watershed classification. 3. According to floodplain maps there is a floodplain within the project location. Based upon the location of the floodplain, offsite drainage should be calculated to determine whether a Critical Water Quality Zone exists within the project location. Development is limited within the Critical Water Quality Zone. 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 4 of 24B-9C14-2020-0135.SH 5 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. 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 subdivision case (C8-2017-0124) and Neighborhood Plan Amendment Case NPA-2020-0015.04 that is currently in review. SP4. The site is subject to compatibility standards due to adjacency of SF-3 zoning to the west, south, and east. The following standards apply:  No structure may be built within 25 feet of the property line to the west, south, and east.  No structure in excess of two stories or 30 feet in height may be constructed within 50 feet of the property line to the west, south, and east.  No structure in excess of three stories or 40 feet in height may be constructed within 100 feet of the property line to the west, south, and east.  No parking or driveways are allowed within 25 feet of the property line to the west, south, and east.  Landscaping or screening is required along the west, south, and east property lines in accordance with the screening requirements (Section 25-2-1006 and ECM 2.9.1.), Parking Design Standards (Section 25-6-563) and/or Screening Standards (Section 25.2.1066) to screen adjoining properties from views of parking, mechanical equipment, storage, and refuse collection.  An intensive recreational use, including a swimming pool, tennis court, ball court, or playground, may not be constructed 50 feet or less from property in an SF-5 or more restrictive zoning district. SP5. The site is subject to 25-2 Subchapter F. Residential Design and Compatibility Standards. Parkland PR1: Parkland dedication will be required for the additional residential units proposed by this development, SF-6-NP zoning, at the time of subdivision or site plan, per City Code § 25-1- 601. Parkland dedication had previously been satisfied for 31 units with the approved subdivision, case number C8-2017-0124. Whether the requirement shall be met with fees in- lieu or dedicated land will be determined using the criteria in City Code Title 25, Article 14, as amended. PARD will require connectivity to the adjacent Springdale Neighborhood Park from Mason and Lott Avenues. Should there be fees in-lieu required, those fees shall be used toward park investments in the form of land acquisition and/or park amenities within the surrounding area, per the Parkland Dedication Operating Procedures § 14.3.11 and City Code § 25-1-607 (B)(1) & (2). 5 of 24B-9C14-2020-0135.SH 6 Transportation TR 1. A Neighborhood Traffic Analysis (NTA) will be required at time of site plan or subdivision if triggered by proposed development intensities. TR 2. Street Characteristics: Austin Water Utility AW1. 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. Depending on the development plans submitted, water and or wastewater service extension requests may be required. Previous Service Extension Requests 4294 (W) and 4295(WW) may need to be revised based on development plans submitted. 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. INDEX OF EXHIBITS TO FOLLOW A: Zoning Map B. Aerial Map C. Approved Plat D. SMART Housing Letter E. Topography Exhibit F. Correspondence 6 of 24B-9ZONING CHANGE REVIEW SHEET P.C. DATE: October 27, 2020 Tract 3 - 2301 E. Martin Luther King Jr. Boulevard Tract 4 - 1803, 1805, and 1807 Chestnut Avenue Tract 1 - 1.563 acres (68,075 square feet) Tract 3 - 0.4089 acres (17,813 square feet) Tract 4 - 0.4089 acres (17,813 square feet) CASES: C14-2020-0105 David Chapel Missionary Baptist Church Tract 1 C14-2020-0106 David Chapel Missionary Baptist Church Tract 3 C14-2020-0107 David Chapel Missionary Baptist Church Tract 4 ADDRESSES: Tract 1- 2201, 2203, 2205, 2207, 2209, 2211 E. MLK Jr. Blvd. and 1807 Ferdinand St. AREA: DISTRICT AREA: 1 OWNER: David Chapel Missionary Baptist Church (Joseph C. Parker, Jr.) APPLICANT: Husch Blackwell (Nikelle Meade) ZONING FROM: Tract 1 – P-NP Tract 3 – P-NP Tract 4 – P-NP and SF-3-NP ZONING TO: SUMMARY STAFF RECOMMENDATION: Staff recommends CS-MU-V-CO-NP for Tract 1 and Tract 3, with the following conditions: CS-MU-V-NP (all tracts) 1. The following land uses shall be prohibited: Adult oriented business (any type), Automotive sales, Automotive repair services, Campground, Equipment sales, Maintenance and service facilities, Vehicle storage, Monument retail sales, Limited warehousing and distribution, Automotive washing (of any type), Agricultural sales and services, Automotive rentals, Drop-off recycling collection facilities, Exterminating services, Kennels, Equipment repair services, and Pawn shop services. 2. The following land uses shall be conditional: Service station, Laundry services, and Construction sales and services. Staff recommends LO-MU-CO-NP for Tract 4, with the following prohibited land uses: Medical offices (exceeding 5,000 square feet). PLANNING COMMISSION RECOMMENDATION: December 8, 2020: C14-2020-0105 - David Chapel Missionary Baptist Church Tract 1 - To grant CS-MU-V-CO-NP as recommended by Staff. Vote: 9-0. [Azar- 1st, Connolly- 2nd; Shieh- neutral] 7 of 24B-9C14-2020-0105, C14-2020-0106, C14-2020-0107 Page 2 C14-2020-0106 - David Chapel Missionary Baptist Church Tract 3 - To grant CS-MU-V-CO-NP as recommended by Staff. Vote: 10-0. [Azar- 1st, Connolly- 2nd] C14-2020-0107 - David Chapel Missionary Baptist Church Tract 4 – To grant GR-MU-V-CO-NP as outlined in letter from Chestnut Neighborhood Contact Team dated November 30, 2020. Vote: 9-0. [Azar- 1st, Connolly- 2nd; Llanes-Pulido- Abstain]. Conditional overlays are as follows: 1. The property shall be limited to the following site development regulations: Minimum Lot Size: 5,750 SF Minimum Lot Width: 50 FT Maximum Building Coverage: 50% Maximum Floor Area Ratio: 0.5:1 Maximum Height: 40 FT Minimum Setbacks: Front Yard 25 FT Street Yard 15 FT Interior Side Yard N/A Rear Yard N/A 2. The following land uses shall be prohibited: Automotive Rentals, Automotive Repair Services, Automotive Sales, Automotive Washing (of any kind), Bail Bonds, Commercial Off-Street Parking, Drop Off Recycling, Outdoor Entertainment, Pawn Shop, Pedicab Storage & Dispatch, and Service Station. CITY COUNCIL DATE: December 10, 2020: ORDINANCE READINGS: 1st 2nd 3rd CASE MANAGER: Heather Chaffin e-mail: heather.chaffin@austintexas.gov ORDINANCE NUMBER: PHONE: 512-974-2122 8 of 24B-9C14-2020-0105, C14-2020-0106, C14-2020-0107 Page 3 ISSUES: The proposed rezonings are for properties owned and occupied by David Chapel Missionary Baptist Church which intends to move the congregation to a new location. The parties have discussed and are working toward the long-term relocation and preservation of the David Chapel sanctuary building which was designed by renowned architect John Chase, the first licensed African American architect in the state of Texas and the first African American to serve on the United States Commission of Fine Arts. The goal is to relocate the structure to a location where it can be accessible as a public building in perpetuity. Additionally, the applicant and the Chestnut Neighborhood Plan Contact Team (CNPCT) have agreed to a list of conditions and alternate zoning categories that are outlined in the attached letter. Please see Exhibit C – Neighborhood Letter. DEPARTMENT COMMENTS: The rezoning tracts are located south of East Martin Luther King, Jr. Boulevard (East MLK) between Ferdinand Street and Maple Avenue. Tract 1 is at the southwest corner of E MLK and Chestnut Street; Tract 3 is immediately to the east across Chestnut Avenue. Tracts 3 and 4 are separated by a lot zoned LR-MU-CO-NP which is developed with a single family residence. Tract 4 has frontage on Chestnut Street. All three tracts are under the same ownership and zoned P-NP. Tract 1 is developed with the David Chapel Missionary Baptist Church and related buildings; Tracts 3 and 4 are used as accessory parking for the church. Surrounding land uses along East MLK include medical offices, restaurant (limited), personal services, professional and administrative offices, and single family residential land uses. These properties have a mix of zoning, including CS-MU-V-CO-NP, LO-MU-V-CO-NP and SF- 3-HD-NP (the Rogers Washington Holy Cross Historic District). To the south, southwest, and east of the rezoning properties is a single family residential neighborhood zoned SF-3-NP. This segment of East MLK is a Core Transit Corridor. The applicant is requesting CS-MU-V-NP for all three tracts but has worked with the NPCT to agree on some conditions and different zoning categories. The NPCT supports the applicant’s request of CS-MU- V-NP on Tracts 1 and 3 and supports the alternative of GR-MU-V-CO-NP on Tract 4. In addition to some site development standards, the NPCT proposes the following prohibited land uses on Tract 4: Automotive rentals, Automotive repair services, Automotive sales, Automotive washing, Bail bonds, Commercial off-street parking, Drop off recycling, Outdoor entertainment, Pawn shop, Pedicab storage and dispatch, and Service Station. The applicant agrees with the NPCT recommendation. Staff recommends CS-MU-V-CO-NP on Tracts 1 and 3 with a conditional overlay (CO) prohibiting several intense land uses. The conditional overlay recommended by staff reflects the conditional overlay of the nearby CS-MU-V-CO-NP property west of Tract 1. This recommendation would provide consistent and orderly planning and would treat the similarly situated parcels in a similar manner. Staff recommends LO-MU-CO-NP for Tract 4. Tract 4 is surrounded by SF-3-NP zoning for several blocks to the west, east, and south, and these properties are developed accordingly. The property immediately adjacent to the north is zoned LR-MU-CO-NP and is also developed with a single family residence. The conditional overlay on that property prohibits several land uses: Art and craft studio (limited) Consumer repair services, Food sales, Off-site accessory parking, Plant nursery, Restaurant (limited), Custom manufacturing, Cultural services, Hospital services (limited), Consumer convenience services, Financial services, Medical offices, Pet services, Restaurant (drive-in, fast food), Service station, Club or lodge, and Guidance services. Tract 4 is located mid-block on Chestnut 9 of 24B-9C14-2020-0105, C14-2020-0106, C14-2020-0107 Page 4 Avenue, which is predominately zoned and used for single family residences for several blocks in both directions, with commercial zoning only at intersections with Manor Road, East MLK and East 14th Street. The CS-MU-V-NP request by the applicant and the GR-MU-V-CO-NP are both significantly more intensive than the adjacent LR-MU-CO-NP property and would create a step-up in intensity moving from the East MLK corridor into this single family neighborhood. City Code defines CS zoning as “the designation for a commercial or industrial use of a service nature that has operating characteristics or traffic service requirements that are incompatible with residential environments.” Code also defines GR as “the designation for an office or other commercial use that serves neighborhood and community needs and that generally is accessible from major traffic ways.” Staff recommends LO-MU- NP as a step-down in intensity from East MLK into the neighborhood. This would allow office and a few low-intensity commercial uses, as well as residential. Staff has received correspondence regarding the proposed rezonings. Please see Exhibit D- Correspondence. BASIS OF RECOMMENDATION 1. Granting CS-MU-V-CO-NP on Tract 1 and 3 would be consistent with nearby properties along East MLK. 2. Granting of the request should result in an equal treatment of similarly situated properties. Zoning should promote a transition between adjacent and nearby zoning districts, land uses, and development intensities. P-NP ZONING Granting LO-MU-CO-NP on Tract 4 would provide a transition from the commercial zoning along East MLK to the single family zoning to the south. EXISTING ZONING AND LAND USES: Site North CS-MU-V-CO-NP, LO-V-MU-CO-NP, SF-3-HD-NP SF-3-NP SF-3-NP CS-MU-V-CO-NP, SF- 3-NP Single family residential Single family residential Medical offices, Restaurant (limited), Single family residential Religious assembly, Off site accessory parking Administrative/Business office, Professional office, Personal services, Single family residential South East West LAND USES CASE HISTORIES: There are no recent rezoning cases in the vicinity in the past ten years. NEIGHBORHOOD PLAN AREA: Chestnut WATERSHED: Boggy Creek EXISTING STREET CHARACTERISTICS: TIA: Deferred to site plan(s) 10 of 24B-93 1 3 0 C14-2020-0105, C14-2020-0106, C14-2020-0107 Name Existing ROW ASMP Required ROW Pavement ASMP Classification Sidewalks Bicycle Route Page 5 Capital Metro (within ¼ mile) Yes No Yes Yes No No E. MLK ~58’ 80’ Ferdinand Street ~47’ Existing 40’ 30’ ~60’ 74’ 40’ Yes Yes No Chestnut Avenue Public Alley 20’ Existing 20’ No No No East Austin Conservancy Preservation Austin Friends of Austin Neighborhoods Sierra Club, Austin Regional Group Austin ISD Austin Lost and Found Pets NEIGHBORHOOD ORGANIZATIONS: Rodgers Washington Holy Cross Del Valle Community Coalition Austin Neighborhoods Council Neighborhood Empowerment Foundation Neighbors United for Progress Chestnut Addition Neighborhood Assoc. Homeless Neighborhood Association Blackland Neighborhood Association Chestnut Neighborhood Plan Contact Team Upper Boggy Creek Neighborhood Planning Team Chestnut Neighborhood Revitalization Corporation ADDITIONAL STAFF COMMENTS Environmental 1. 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. 2. 3. 4. for all development and/or redevelopment. 5. other environmental features such as bluffs, springs, canyon rimrock, caves, sinkholes, and wetlands. 6. development and/or redevelopment when 8,000 s.f. cumulative is exceeded, and on site control for the two-year storm. Zoning district impervious cover limits apply in the Urban Watershed classification. According to floodplain maps there is no floodplain within or adjacent to the project location. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 At this time, site specific information is unavailable regarding vegetation, areas of steep slope, or The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Boggy This site is required to provide on-site water quality controls (or payment in lieu of) for all 11 of 24B-9C14-2020-0105, C14-2020-0106, C14-2020-0107 Page 6 Site Plan SP 1. Site plans will be required for any new development other than single-family or duplex residential. SP 2. 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. SP 3. Any new development is subject to Subchapter E. Design Standards and Mixed Use. This section of East MLK is a Core Transit Corridor. SP 4. The site is subject to compatibility standards. •No structure may be built within 25 feet of the property line. •No structure in excess of two stories or 30 feet in height may be constructed within 50 feet of the property line. •No structure in excess of three stories or 40 feet in height may be constructed within 100 feet of the property line. •For a structure more than 100 feet but not more than 300 feet from property zoned SF-5 or more restrictive, height limitation is 40 feet plus one foot for each 10 feet of distance in excess of 100 feet from the property line. •An intensive recreational use, including a swimming pool, tennis court, ball court, or playground, may not be constructed 50 feet or less from adjoining SF-3 property. Additional design regulations will be enforced at the time a site plan is submitted. Parkland PR1: Parkland dedication will be required for any new residential units proposed by this development, mixed used with CS-MU-V-NP zoning, at the time of subdivision or site plan, per City Code § 25-1- 601. Whether the requirement shall be met with fees in-lieu or dedicated land will be determined using the criteria in City Code Title 25, Article 14, as amended. Should fees in-lieu be required, those fees shall be used toward park investments in the form of land acquisition and/or park amenities within the surrounding area, per the Parkland Dedication Operating Procedures § 14.3.11 and City Code § 25-1- 607 (B)(1) & (2). If the applicant wishes to discuss parkland dedication requirements in advance of site plan or subdivision applications, please contact this reviewer: thomas.rowlinson@austintexas.gov. At the applicant’s request, PARD can provide an early determination of whether fees in-lieu of land will be allowed. Transportation The Austin Strategic Mobility Plan (ASMP), adopted 04/11/2019, identifies sufficient existing right-of- way for Ferdinand Street and the public alley. Up to 40’ of right-of-way should be dedicated from the existing centerline of E. MLK and 34’ of right-of-way from the existing centerline of Chestnut Avenue should be dedicated at the time of subdivision or site plan. The traffic impact analysis will be deferred to the time of site plan application when land uses and intensities will be known. Name Pavement ASMP Classification Sidewalks Bicycle Route Existing ROW ASMP Required ROW Capital Metro (within ¼ mile) 12 of 24B-9C14-2020-0105, C14-2020-0106, C14-2020-0107 E. MLK ~58’ 80’ Ferdinand Street ~47’ Existing 40’ 30’ Page 7 Yes Yes No No Yes No ~60’ 74’ 40’ Yes Yes No 20’ Existing 20’ No No No 3 1 3 0 Chestnut Avenue Public Alley Water and Wastewater FYI: The landowner intends to serve the site with City of Austin water utilities. There is currently no public wastewater service available to this tract. The landowner, at own expense, will be responsible for providing any water and wastewater utility improvements, offsite main extensions, water or wastewater easements, utility relocations and or abandonments required by the proposed land use. Depending on the development plans submitted, water and or wastewater service extension requests may be required. Water and wastewater utility plans 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. The landowner must pay the City inspection fee with the utility construction. The landowner must pay the tap and impact fees once the landowner makes an application for Austin Water utility tap permits. INDEX OF EXHIBITS TO FOLLOW A. Zoning Map B. Aerial Exhibit C. Neighborhood Letter D. Correspondence 13 of 24B-9( ( ( ( ( ( ( ( ( P-NP CEMETERY ( ( ( ( SF-3-NP D E R ! ! ! L A D G RIN P S ! ! ! ! ! ! ! > ! U N D E V ! GR-MU-NP ! V A C ! ! ! R E T A I L ! ! RES T. ! ! ! ! !! 02-0142.002 SIMS ELEMENTARY SCHOOL ( ( ( ( 02-0142.002 ( H2008-0036 C14H-2008-0036 SF-3-H-NP ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( P E N N Y S T ( ( ( 02-0142.002 ( SF-3-NP ( ( WALLY AVE ( ( ( ( ( ( ( ( ( ( 02-0142.002 ( ( ( ( ( ( 02-0142.002 SF-3-NP ( ( ( ( ( ( ( S R E D O N D O D R ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-4A-NP ( ( ( ( M E A N ( ( D E R D R ( ( ( ( ( ( ( SF-3-NP ( RIB B E C K ( ( E AV E ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( 02-0142.002 LR-NP R74-29 83-246 EXHIBIT A ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( 02-0142.002 LR-NP 02-0142.002 P-NP 98-0043 P-NP 87-052 ( ( ( D E R ( L V IL ( ( ( SF-3-NP 02-0142.002 B B E W R E ( STA. ( APTS. ( APTS. E 12TH ST 3 2 1-2 8 53-106 02-0142.002 GR-MU-NP ( 93-160 C A V 83-244 VAC BLDG. P96-0203 S C ( U N D E V SP-93-0514C FIRE STATION 86-263 ( ( ( ( ( GR-MU-NP Y R E T E M E C P-NP ( ( ( CHURCH GR-MU-NP GR-MU-NP ( B A R A P T S. = A P T S. 02-0142.002 ( SF-3-NP = SP-96-0309C ( ( ( 02-0142.002 ( ( SF-3-NP ( D E L O ( ( ( E V L A L E S N A M SF-3-NP E V A D L E I F T S A E TT AVE ( LO ( 2 0 2.0 ( 4 1 2-0 ( 0 ( SF-3-NP ( ( ( U N D E V ( ( ( ( ! ! ! ! ! ! ! ! ! ! SF-3-NP ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! LIG ! ! H ! ! ! ! ! ! TFIELD LN ! ! ! ! ! ! ! ! ! ! ! ! ( ( !! !! ( ( ( ( R E S A V E ( 02-0142.002 ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( E V S A L ( O K NIC ( ( ( ( ( ( SF-6-NP ( 02-0142.002 ( ( ( SF-3-NP ( ( ( ( ( ! ! ! ! ( ( ( SF-3-NP ( ( 2 0 42.0 1 ( 02-0 O S A M E N AV ( ( ( ! ! ! ! ( ( ( ( ( ( ( ( ! ! ( ! ! 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( ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 02-0142.002 SF-3-NP ( ( ( ( ( F O R T B R A N C H B L V D ( ( ( 02-0142.002 SF-3-NP ( ( ( ( T G S R E B U H S ( ( ( ( SF-3-NP C14-02-0142.002 SF-3-NP ( ( ( ( ( ( ( ( ( ( E V A T T O L ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( 02-0142.002 ( ( ( ( ( ( SF-3-NP ( ( ( ( ( R S D N W O D ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( 11A 5-00 C-9 P S ( ( ( ( ( ( ( ( ( ( ( ! ! ! ! ! ! ! ! ! ! ( ! ! ! ! ! SF-6-CO-NP C14-2017-0097 !! ( !! ! SF-3-NP ! ( ( ! J A C K I E R O B I N S O N S T ! ! ! ! ! ! ! ! ( ( ( ( 02-0142.002 ( SF-3-NP C14-2019-0107.SH SF-6-NP ( ( ( ( ( ( ( ( ( ( ( D E N O S T ( ( ( ( L A SF-3-NP ( ( ( ( ( H U D S O ( ( N ST ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( E L E A N ( O R S T ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( P-NP ( ( ( ( SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ZONING ZONING CASE#: C14-2020-0135.SH 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: 11/18/2020 SF-3-NP ( ( ( ± 14 of 24B-9RIB B E C K SF-3-NP E A V E SF-3-NP P-NP LR-NP D E R L V IL SF-3-NP R E B B E W B R F O B A R L N V T C D H SF-3-NP R R D E D N A E M EXHIBIT B SF-3-NP E 12TH ST GR-MU-NP SF-3-NP L L E S E N AV A M SF-3-NP L O UIS A V E SF-3-NP S A A N N N TA A ST M E N D O SF-3-NP ZA D R ± 1'' = 300' GR-MU-NP GR-MU-NP SF-3-NP P-NP M23 SF-3-NP D L E I F T S A E E V A LOTT AVE SF-3-NP SF-3-NP E V N A O S A M E V S A L O K NIC SF-3-NP SF-6-NP SF-3-NP LIG H TFIELD LN C14-2020-0135.SH SF-3-NP SF-3-NP N O S A M E V A S T A R LIG SF-3-NP H T T E R RAINBOWRIDGE CIR D E L O SF-3-NP R E S A V E L O T T A V E T G S R E B U H S M22 Lott Avenue D E L A N O S T SF-6-CO-NP SF-3-NP SF-3-NP SF-3-NP E L E A N O R S T SF-3-NP F O R T B R A N C H B L V D H U DSO N ST SF-3-NP SF-3-NP Copyright nearmap 2015 C14-2020-0135.SH Creek Buffers ZONING BOUNDARY ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2020-0135.SH 4908 Lott Ave., 5000-5016 Lightfield Ln. 1160-1166 Mason Ave. 5.01Acres M23 Heather Chaffin This map has been produced by the Communications Technology Management Dept. on behalf of the Planning Development Review Dept. for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 15 of 24B-9EXHIBIT C 16 of 24B-917 of 24B-9City of Austin P.O. Box 1088, Austin, TX 78767 www.cityofaustin.org/housing Housing and Planning Department S.M.A.R.T. Housing Program November 3, 2020 S.M.A.R.T. Housing Certification 4908 Lott Holdings, LLC – 4908 Lott Ave – (ID 761) TO WHOM IT MAY CONCERN: EXHIBIT D 4908 Lott Holdings, LLC (contact Dick Hall; ph: 512.774.4750; email dick@thegeysergroup.com) is planning to develop a 55-unit single-family development at 4908 Lott Ave, Austin TX 78721. Five (5) of these units will be sold to households at or below 80% Median Family Income (MFI). Due to the applicant voluntarily committing to long-term affordability, these units will be subject to a 99-year resale restricted, affordability period. The units will comply with sale prices established annually by the Housing and Planning Department (HPD). This development is seeking a zoning change from SF-3 to SF-6. The applicant has submitted evidence of contacting the E MLK Combined Neighborhood Contact team advising them of their project. The applicant has indicated they will address any legitimate concerns of the neighborhood residents. HPD certifies the proposed project meets the S.M.A.R.T. Housing standards at the pre-submittal stage. Since 9% of the units will serve households at or below 80% MFI and will have a 99-year affordability period, the development will be eligible for 100% waiver of fees listed in Land Development Code, Chapter 25-1-704, as amended or other fees waived under a separate ordinance except for Austin Water Utility (AWU) Capital Recovery Fees. This development is not fully in accordance with the requirements under the Texas Local Government Code, Chapter 395.16(g) and 42 U.S.C. Section 12745 (A)(1) as it relates to how housing qualifies as affordable housing and therefore 50 of the 55 units will not be eligible to receive Austin Water Utility Capital Recovery Fee (CRF) waivers. The expected fee waivers include, but are not limited to, the following fees: AWU Capital Recovery Fees Building Permit Site Plan Review Construction Inspection Demolition Permit Fee Concrete Permit Electrical Permit Subdivision Plan Review Parkland Dedication Fee (by separate ordinance) Regular Zoning Fee Mechanical Permit Plumbing Permit Zoning Verification Land Status Determination Building Plan Review Prior to issuance of building permits and starting construction, the developer must: ♦ Obtain a signed Conditional Approval from the Austin Energy Green Building Program stating that the plans and specifications for the proposed development meet the criteria for a Green Building Rating. (Contact Austin Energy Green Building: 512-482-5300 or greenbuilding@austinenergy.com). ♦ Submit plans demonstrating compliance with the required accessibility or visitability standards. Before a Certificate of Occupancy will be granted, the development must: ♦ Pass a final inspection and obtain a signed Final Approval from the Green Building Program. (Separate from any other inspections required by the City of Austin or Austin Energy). 18 of 24B-9♦ Pass a final inspection to certify that the required accessibility or visitability standards have been met. ♦ An administrative hold will be placed on the building permit, until the following items have been completed: 1) the number of affordable units have been finalized and evidenced through a sealed letter from project architect and/or engineer, 2) a Restrictive Covenant stating the affordability requirements and terms has been filed for record at the Travis County Clerk Office. The applicant must demonstrate compliance with S.M.A.R.T. Housing standards after the certificate of occupancy has been issued or repay the City of Austin, in full, the fees waived for this S.M.A.R.T. Housing certification. Please contact me by phone 512.974.2108 or by email at alex.radtke@austintexas.gov if you need additional information. Sincerely, Alex Radtke, Senior Planner Housing and Planning Department Cc: Kristin Martinez, AE Jonathan Orenstein, AWU Mashell Smith, ORS 19 of 24B-9Legend EXHIBIT E Jurisdiction FULL PURPOSE LIMITED PURPOSE EXTRATERRITORIAL JURISDICTION 2 MILE ETJ AGRICULTURAL AGREEMENT OTHER CITY LIMITS OTHER CITIES ETJ Zoning Review Cases (All) Contours Year- 2017 2 Ft Contours 10 Ft Contours > 15% Slope 15 - 60% Slope 60% Slope or Higher 0.0 0 0.02 0.0 Miles NAD_1983_StatePlane_Texas_Central_FIPS_4203_Feet Date Printed: 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. This product has been produced by the City of Austin for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 1: 1,200 Notes 20 of 24B-9ARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S EXHIBIT F 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 November 11, 2020 Jerry Rusthoven, Assistant Director City of Austin Housing & Planning Department 505 Barton Springs Road, 5th Floor Austin, Texas 78704 Re: Rezoning application for 4908 Lott Ave. (the “Property”) Dear Mr. Rusthoven: I am seeking to submit a rezoning for the Property requesting SF-6-NP zoning (“Lott Avenue Rezoning”). An earlier Neighborhood Plan Amendment application, submitted in July, is currently in process seeking a Future Land Use Map (“FLUM”) designation of Higher-Density Single Family for the Property, as well. The Property is in the East MLK Combined Neighborhood Plan area; it is currently zoned for SF-3-NP and is designated on the FLUM for Single-Family. The City has approved a subdivision for the Property providing single-family development on larger lots. While this subdivision has not yet been built out, the current SF-3-NP zoning virtually ensures a project using this existing subdivision or a substantially similar one – which would in turn compel larger, more expensive housing. In contrast, under the requested SF-6-NP zoning, we envision more modestly-sized homes that are more financially attainable for more families. This includes market-rate housing that we estimate is, on average, over 20 percent more affordable than what would likely be built under the existing zoning and approved subdivision. Additionally, approving SF-6-NP zoning will allow us to accomplish a project that makes it financially feasible for us to participate in the City’s S.M.A.R.T. Housing program and provide five (5) long-term, income-restricted Affordable ownership units, with restrictive covenants requiring them to be affordable at 80 percent of Median Family Income (MFI) for 99 years. These units would be provided and enforced through the City’s S.M.A.R.T. Housing program; a letter from the Housing and Planning Department is attached to this application. This vision for providing ‘missing middle’ housing rather than larger, more expensive units would help provide more attainable homes for residents and help the City better meet its housing goals – and it would do so on a vacant site, with no demolition of any existing structures. {W1005385.3} 21 of 24B-9ARMBRUST & BROWN, PLLC Page 2 According to the City’s Strategic Housing Blueprint, over the next 20 years, Austin will need roughly 2.5 times the current number of missing middle housing units in order to provide for our residents. Today, only 13 percent of Austin’s single-family acreage allows for missing middle housing. This means that proposals like the Lott Avenue Rezoning – which would provide missing middle housing and income-restricted units on a vacant site – are critical if we are to meet the City’s goals for housing diversity and our residents’ needs for more attainable housing options. Additionally, this site, located directly south of Springdale Neighborhood Park, provides a key opportunity for connectivity. Our proposal would implement a pedestrian- and bicycle- friendly shared-use path on the western side of the Property, better connecting the neighborhood to the park. I appreciate your consideration of this application, and look forward to answering any questions and providing further details on this case and the related Neighborhood Plan Amendment case. Respectfully, Michael J. Whellan {W1005385.3} 22 of 24B-98 January 2021 To: Planning Commission and City Council Members Re: NPA-2020-0015.04 Lott Avenue This letter serves to recommend that the Planning Commission and City Council approve the above-referenced plan amendment request. The East MLK Combined Neighborhood Plan Contact Team voted during its November meeting to support changing the land use for the above referenced properties from Single Family to Higher Density Single Family assuming the project meets the following requirements: A. Impervious cover on the property is limited to 51% via Conditional Overlay, exclusive of the pedestrian trail connection to Springdale Park. Holding the impervious cover shy of the 55% permitted in SF-6 will help reduce some of the burden no nearby Fort Branch Creek created by the increased density and alleviate some of the concerns of downstream neighbors over increased flooding risk. B. The project maintains SMART Housing certification and the 5 Affordable units at 80% MFI. I’ll take the opportunity to say that supporting these cases would be much easier if we could ensure that the increased entitlements were always contingent on affordable housing. With these conditions, amending the FLUM for this property to Higher-Density Single-Family would be consistent with the following goals within the East MLK Combined Neighborhood Plan: • Goal One: Preserve established residential areas and improve opportunities for home ownership by promoting the rehabilitation of existing housing and new, infill housing compatible with the existing style of this neighborhood. • Goal Five: Provide housing that helps maintain the social and economic diversity of residents. o The provision for 5 affordable housing units adds much needed housing cost diversity to an area which sees a lot of new, market rate housing. That these affordable units could be available to families is especially encouraging. • Goal Thirteen: Create more public open space, including parks and green spaces, improve existing parks and increase recreational amenities in the neighborhood. o The connection to Springdale Park will greatly increase pedestrian accessibility to Springdale Park in a neighborhood with narrow, winding streets and very few continuous sidewalks. With the conditions listed above, the EMLK NPCT supports amending the FLUM for the Property from Single-Family to Higher-Density Single-Family. Sincerely, Jon Hagar Chair, EMLK NPCT jonhagar@gmail.com (512) 739-4101 23 of 24B-924 of 24B-9