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ZONING CHANGE REVIEW SHEET DISTRICT: 3 CASE: C14-2021-0058 Centro East ZONING FROM: TOD-NP TO: TOD-NP, to change a condition of zoning (As amended June 21, 2021) ADDRESS: 1501 East 6th Street SITE AREA: 1.362 acres PROPERTY OWNER: 6th & Onion East Master GP, LLP (Donald Reese) CASE MANAGER: Heather Chaffin (512-974-2122, heather.chaffin@austintexas.gov) STAFF RECOMMENDATION: Staff does not support the Applicant’s request for rezoning to TOD-NP to amend the Saltillo Plaza Transit Oriented District (TOD) Station Area Plan and Regulating Plan to allow a building height up to 90 feet. AGENT: Armburst & Brown, PLLC (Michael J. Whellan) For a summary of the basis of staff’s recommendation, see case manager comments on page 2. PLANNING COMMISSION ACTION / RECOMMENDATION: June 22, 2021: To grant postponement to June 22, 2021 as requested by Applicant, on consent. June 8, 2021: To grant postponement to June 22, 2021 as requested by Staff, on consent. CITY COUNCIL ACTION: TBD ORDINANCE NUMBER: 1 of 14B-10C14-2021-0058 2 ISSUES: The Applicant proposes utilizing the Plaza Saltillo TOD Density Bonus tool which allows increased floor-to-area ratio (FAR) for developments that include affordable residential units or pays a fee-in-lieu to Housing and Planning Department (HPD). The Applicant has stated their intent to develop a mixed use project that includes multifamily, office and commercial land uses. They intend to provide on-site affordable multifamily units at 10% of the gross floor area per the TOD Density Bonus. To achieve the increased FAR, the Applicant requests increasing the building height from 60 feet to 90 feet. This includes updating the Station Area Plan (SAP) and Regulating Plan. The request also requires a Neighborhood Plan Amendment (NPA), which is being processed concurrent with the rezoning request (City File # NPA- 2020-0002.02). The rezoning request was originally filed requesting a maximum building height of 85 feet. After further discussions with the East Cesar Chavez Neighborhood Plan Contact Team (ECC NPCT), the Applicant revised the request to a maximum height of 90 feet due to variation in topography that affect calculations of building height under City Code. The Applicant has stated that they will enter into a private restrictive covenant to establish where the increased height will be located on the site. CASE MANAGER COMMENTS: The subject property is located between Onion Street and Comal Street and East 5th Street and East 6th Street. The property encompasses most of the block, with outparcels along Comal Street. The property is zoned TOD-NP, as are most surrounding properties. The property contains a vacant warehouse and parking lot. The outparcels to the east are developed with cocktail lounge and restaurant land uses. Across Comal to the east is a mixed use building with multifamily, personal services, restaurant and other commercial uses. This property is zoned TOD-CURE-NP. Across East 6th Street to the north are properties that are predominately developed with cocktail lounge uses. Across Onion Street to the west is property that is under construction with a proposed mix of office, commercial and restaurant uses. Directly south of the subject property, across East 5th Street is Plaza Saltillo Station. Please see Exhibits A and B- Zoning Map and Aerial Exhibit. Southwest of the subject property, extending from west from Onion Street to IH 35 are properties zoned TOD-CURE-NP. These properties, designated Tracts 1-6 on the Area Case Histories chart, were zoned together in 2016-2017 and utilized the CURE overlay to increase permitted building heights and modify other site development standards. The closest tract was granted a height increase to 68 feet; tracts closer to IH 35 were granted a mix of 68, 70, 80, and 125 feet of building height. Southeast of the subject property, at the northeast corner of 4th and Comal, is another property zoned TOD-CURE-NP that increased building height from 40 feet to 74 feet. The TOD-CURE-NP property that is east of the subject property did not utilize CURE to increase building height. In August 2017, City Council approved a resolution to initiate code amendments to modify CURE, including removing the CURE overlay from east of IH 35. Consequently, the TOD Density Bonus is the only available tool to increase FAR or height. The maximum building height achievable using this tool is 90 feet, as requested by the Applicant. As stated in the 2 of 14B-10C14-2021-0058 3 Issues section, the Applicant will provide on-site affordable multifamily units at 10% of the gross floor area per the Bonus program. Staff supports the rezoning request. Increased density, a mix of land uses, and transit access are fundamental elements of Plaza Saltillo TOD. The regulating plan states that its purpose is, “to promote TOD principles intended to successfully integrate land use and transit by providing greater density than the community average, a mix of uses, and a quality pedestrian environment around a defined center; . . . to encourage development that serves people of all incomes and ages and provides a safe and welcoming environment for all types of households . . .” The proposed rezoning will allow greater density and provide housing opportunities for lower income residents. Multifamily housing at this location will benefit from direct access to transit, as well as walkable options for employment, services, and community amenities. Staff has received correspondence in support of the request and describing the amended application. Please see Exhibit C- Correspondence. BASIS FOR RECOMMENDATION 1. The proposed zoning should be consistent with the purpose statement of the district sought. 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. 4. TOD-NP zoning encourages increased density and locating residential land uses in close proximity to transit, employment and services. The Plaza Saltillo TOD, as adopted by Council, reflects their goals and objectives. The addition of affordable housing in the TOD also reflects Council goals, as well as Planning Commission policies. The mix of land uses and addition of affordable housing promotes clearly identified community goals. EXISTING ZONING AND LAND USES: Site North South East West ZONING TOD-NP TOD-NP TOD-NP TOD-NP TOD-NP LAND USES Vacant warehouse Cocktail lounge Plaza Saltillo Station / Civic Multifamily, restaurant-limited and general, limited retail Office, commercial, restaurant (under construction NEIGHBORHOOD PLANNING AREA: East Cesar Chavez NP CAPITOL VIEW CORRIDOR: No TIA: Deferred to time of site plan 3 of 14B-10C14-2021-0058 4 Eastside Memorial High School Blackshear Prospect Hill Austin Neighborhood Council Tejano Town WATERSHED: Lady Bird Lake SCHOOLS: Zavala Elementary School Martin Middle School NEIGHBORHOOD ORGANIZATIONS: East Austin Conservancy East Cesar Chavez Neighborhood Association Friends of Austin Neighborhoods Greater East Austin Neighborhood Association Neighbors United for Progress Austin Lost and Found Pets Del Valle Community Coalition Capital Metro Bike Austin Homeless Neighborhood Association Preservation Austin Guadalupe Neighborhood Development Corporation East Cesar Chavez Neighborhood Planning Team Organization of Central East Austin Neighborhoods (OCEAN) Guadalupe Association for an Improved Neighborhood (GAIN) El Concilio Coalition of Mexican American Neighborhood Associations AREA CASE HISTORIES: NUMBER / NAME C14-2021-0068 Fair Market Rezoning C14-2017-0105 4 East SELTexas AISD Sierra Club Red Line Parkway Initiative Neighbors United for Progress TOD-NP to TOD- NP (increase height 60’ to 85’) TOD-NP to TOD- CURE-NP 11/14/2017: No recommendation June 22, 2021: TBD COMMISSION REQUEST TBD C14-2016-0049 Plaza Saltillo Tracts 4/5 TOD-NP to TOD-CURE-NP C14-2016-0050 Plaza Saltillo Tracts 1/2/3 TOD-NP to TOD-CURE-NP 1/10/2017: Grant as rec: The TOD density program establishes a maximum MFI level of 50%. Increase height from 60’ (after density bonus) to 68’ for a portion of Tract 1/2/3, Tract 4/5, and Tract 6. 1/10/2017: Increase height from 60’ (after density bonus) to 68 feet for a portion of Tract 1/2/3, Tract 4/5, and Tract 6. Increase height from 60’ (after density bonus) to 70’ for a portion of Tract 1/2/3. Increase height from CITY COUNCIL 6/14/2018: To grant TOD-CURE-NP, increasing height from 40’ to 74’ 3/2/2017: To grant as recommended by PC 3/2/2017: To grant as recommended by PC with condition Tract 1 is limited to 70’ 4 of 14B-10C14-2021-0058 5 C14-2016-0051 Plaza Saltillo Tract 6 TOD-NP to TOD-CURE-NP C14-2015-0054 901 East 901 and 917 E. 6th Street TOD-NP to TOD-CURE-NP C14-2011-0091 Jaylee Limited (Arnold Oil) 1601& 1645 E. 6th Street TOD-NP to TOD-CURE-NP 60’ (after density bonus) to 125’ for office building on a portion of Tract 1/2/3. 1/10/2017: Increase height from 60’ (after density bonus) to 68 feet for a portion of Tract 1/2/3, Tract 4/5, and Tract 6. MFI levels up to 60%, including 30%, 50% and 60% MFI for Tract 6. June 23, 2015: PC approved Staff rec. on consent (8-0) TOD- CURE-CO-NP. 1. max 2,000 v.p.d. 2. Veh access to 6th prohibited 3. Storage rooms and restrooms inc 25-2-531 August 27, 2013: PC approved Staff rec. on consent (8-0-1) TOD-CURE-NP: 1. Office Tract and MF Tract. 2. Tracts joined by a UDA and/or Shared Pkg Agreement. 3. Parking for both Tracts may be located on the MF Tract. 3/2/2017: To grant as recommended by PC September 10, 2015: CC approved TOD-CURE- CO-NP as rec. on consent (11-0) September 26, 2013: ORD NO. 20130926-100- CC approved TOD- CURE- NP as rec. on consent (11-0) EXISTING STREET CHARACTERISTICS: ADDITIONAL STAFF COMMENTS: Environmental 1. The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Lady Bird Lake 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 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 of 14B-10C14-2021-0058 6 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. Any new development is subject to the Plaza Saltillo Transit-Oriented Development ordinance. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. Parks & Recreation PR1: Parkland dedication will be required for the new residential units proposed by this development, multifamily with Plaza Saltillo TOD-NP zoning plus additional height, 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, as well as the Plaza Saltillo TOD Regulating Plan’s Public Parks and Trails standards and requirements. 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 ASMP Assessment Right of way dedication requirements for E 5th St and E 6th St were addressed with the recently approved subdivision of the site. Transportation Assessment This site must demonstrate compliance with the TIA approved with site plan SP-2019- 0254C. TIA may be required amendment upon further review. The adjacent street characteristics table is provided below: 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 6 of 14B-10C14-2021-0058 7 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. 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. 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 Exhibit C. Correspondence 7 of 14B-10! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ( ( ( ( ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ( GR-MU-CO-NCCD-NP ! ( ! ( ( ! ( ( !! ! ! ( SF-3-HD-NP ( ( ( SF-3-H-HD-NP R D Y S S A B ! M E ! ! ! CS-MU-NCCD-NP 81-157 SF-3-HD-NP 9 0 - 0 9 H SF-3-H-HD-NP ( SF-3-H-HD-NP ( ( SF-3-HD-NP LEGATION H74-23 ( SF-3-H-HD-NP UNDEV TOD-NP ( E 8TH ST ( ( SF-3-HD-NP MF-3-HD-NP ( ( SF-3-HD-NP 4 0 - 0 8 H T S S O C R A M N A S 4 7 - 5 8 - P S 1 1 1 - 0 7 ( ( ( ( ( SF-3-HD-NP ( SF-3-H-HD-NP MF-3-HD-NP SF-3-HD-NP 81-157 0 2 - 1 9 H SF-3-HD-NP ( ( ( 83-219 ( LO-MU-HD-NP T S R E L L A W ( E 9TH ST ( ( SF-3-HD-NP ( ( 7 5 1 - 1 8 ( ( ( SF-3-HD-NP ( ( ( GR-CO-MU-HD-NP ( ( MF-3-H-HD-NP SF-3-HD-NP ( SF-3-HD-NP ( ( SF-3-H-HD-NP C14H-03-0001 MF-3-HD-NP ( C14H-2019-0063 C14-2011-0020 C14H-75-003 SF-3-H-HD-NP ( ( SF-3-H-HD-NP ( ( SF-3-H-HD-NP ( SF-3-HD-NP ( ( TOD-NP ( 01-0148 ( ( SF-3-HD-NP TOD-H-HD-NP ( ( 82-49 ( 01-0148 ( 7 5 1 - 1 8 TOD-NP SP-85-73 86-318 RC ( ( 00-2066 ( TOD-NP Y Y L LT P P CIA U S E P S TOD-NP A DIN E M R A B SP91-0225C ( REST. ( TOD-NP ( S R E N A E L C R E B R A B R A B TOD-NP ( O T U A P O H S T S R E L L A W R A B C14-01-0148.004 TOD-NP ( TOD-H-NP ( 99-0068 98-0074 Y R E C O R G 01-0148 TOD-NP 00-2102 TOD-NP ( A L IL T R O T E S H W E S H W P O H S T N RI P ! ! WHSE ! ! ! ! ( TOD-NP ! 6 6 2- 8 P SP-01-0203C T N A C ! A V ! ! TOD-NP ( ( ! ! ! ! ! ! ( ( ( E 6TH ST ( TOD-NP P O H S R A B D E S U G. D L B E FIC F O TOD-NP E S H W E R U NIT R U F ( N O L A S TOD-NP O. C 2007-0031 ( (( TOD-NP (( ( ( 00 -2 1 02 TOD-NP 81-157 C14H-07-0001 TOD-H-NP TOD-NP ( C. F F O T C S A Y A T T A E F A C P O H Y\S T U A E B - 5 8 P S 5 0 0 TOD-NP ( R A B P O H \S Y D O B 5-5 8 P S TOD-NP WHSE WHSE TOD-NP Y R E L L A G C. F F O G KIN R A P ( ( LO-MU-HD-NP ( ( SF-3-H-HD-NP C14H-2013-0006 ( ( ( SF-3-HD-NP ( ( ( ( SF-3-HD-NP ( MF-2-H-HD-NP ( ( INKS AVE ( SF-3-HD-NP ( ( ( 81-157 Y R O T C A F T S A I D Y L A L IL T R O T SF-3-HD-NP SF-3-H-HD-NP C14H-2014-0009 81-157 SF-3-HD-NP 11 2-1 8 2 3-0 8 H TOD-NP TOD-H-NP ( TOD-NP ( 2 ( 6 -0 4 9 ( 01-0148 TOD-NP P. R O C ( ( G. D L B C A V BAR ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ( SF-3-HD-NP ( E 10TH ST ( SF-3-NP ( ( CHURCH SF-3-NP H C R U H C SF-3-NP sp97-0031c CHURCH SCHOOL STATE CEMETERY UNZ SH 165 ( ( MF-4-NP C14-01-0148 C14H-2013-0008 SF-3-NP GR-H-CO-MU-NP 9 9-0 7 H SF-3-NP CHURCH ( ( ( ( MF-4-NP ELEMENTARY\SCHOOL E 11TH ST ( EXHIBIT A ( ( ( ( ( ( ( MF-4-NP ( ( ( ( E 10TH ST ( ( ( ( 01-0148 ( ( ( ( ( 01-0148 ( GO-CO-NP ( ( ( ( ( T O S H C N O C ( 01-0148 ( ( ( GO-CO-NP E 8TH ST GO-CO-NP ( E 9TH ST 01-0148 GO-CO-NP G KIN R A P 01-0148 GO-CO-NP G KIN R A P ( ( ( 8 4 1 -0 1 0 84-469B MF-4-H-NP 01-0148 COLLEGE 01-0148 99-2095 C14-2009-0041 GO-V-CO-NP 01-0148 MF-4-H-NP NPA-2008-0009.01 ( TOD-NP 8 4 1 1-0 0 TOD-NP ( ( ( BAR T. ( S E R T N S NIO O GAS STA. 8 4 1 -0 1 0 R A B R A B 01-0148 TOD-NP TOD-NP ( 0 6 2 -2 0 0 ( ( 5 9 -1 4 8 0 6 -1 1 8 ( ( 84-185 T. S E R R A B SP91-0087C TOD-NP SPC-06-0011C 01-0148 ( GO-CO-NP ESTATE ( ( TOD-NP ( 87-001RC ( ( 6 1-0 9 H 5 1-0 9 H H C R U H C E V S A R E M L A H C ! ! ! ! ! ! 00-2102 ! TOD-CURE-NP A DIN E M ! ! C14-2016-0050 TOD-CURE-NP ! ! ! ! ! ! ! ! ! ! ! ! ! VACANT BLDG. TOD-NP TOD-NP ( ( SF-3-NP ( ( H C R U H C ( ( ( SF-3-NP ( MF-3-NP SF-3-NP ( SF-3-NP ( ( ( ( ( SF-3-NP ( S R A D\C E S U 00-2102 SF-3-NP C14-2009-0036 CS-MU-CO-NP C. F F O S E L A S E\ TIR AIL T E R ( . C F O TOD-NP TOD-NP VAC BLDG. ! ! ! ! PARKING ! ! MEAT CO. ! ! ! ! TOD-NP TOD-H-NP C14H-2018-0151 ! ! ! ! ! ! ! ! Y R E K !! !! A B TOD-NP MFTG. CO. ! ! REST. ! ! ! ! ! ! C14-2008-0029 ! ! TOD-NP E ! ! S H W ! ! ! ! ! ! R A B NPA-2008-0002.01 TOD-CURE-NP C14-2016-0051 TOD-CURE-NP C14-2011-0091 97-0056 TOD-NP SP97-0366C 00-2102 E 5TH ST T N A C A V G. D L B ( TOD-NP E G A R O T S 0 9 -2 4 8 LINEN SERVICE 00 -2 1 02 TOD-NP C14-00-2102 G. N K P T C A V N S NIO O ! ! V A C ! ! ! ! ! TOD-CURE-NP C14-2017-0105 VAC ( ( ! ( VAC ! ! ! ! ! T SP-04-1051C.SH O S ! H C !! N O C DIST. WHSE 55-040 TOD-CURE-NP READY C14-2016-0049 TOD-CURE-NP C14H-2008-0037 IRON PIPE SUPPLY TOD-NP E S H W TOD-H-NP TOD-H-NP TOD-NP R A B SIGN TOD-NP REPAIR ( AUTO\REPAIR SF-3-NP GR-MU-CO-NP ( 00-2102 ( ( TOD-NP E G D O L TOD-NP C 2 8 1 5-0 9 T N A C A V TOD-NP ( T N A C A V ( SF-3-NP SF-3-NP 00-2102 MF-3-NP SF-3-NP SF-3-NP 00 -2 1 02 SF-3-NP ( CS-MU-CO-NP ( ( ( 00-2102 ( P A R K I N G ( SF-3-NP ( ( SF-3-NP ( ( ( ( 86 -2 8 7 P-NP COMAL PARK ( ( ( 00 -2 1 02 ( LR-NP ( ( 00 -2 1 02 ( SF-3-NP T A S T O S A V A N CS-MU-CO-NP CHALMERS COURTS 00 -2 1 02 C14-2018-0051.SH TOD-NP E 3RD ST 9 3 - 0 7 3 0 00 -2 1 02 MF-4-NP C14-2017-0113.SH 00 -2 1 02 CS OFF ICE E IC F F L\O A C DI E M CIVIL CP80-005 P-NP COMMUNITY 78-196 CLINIC 00 -2 1 02 CS-MU-CO-NP CS-MU-H-CO-NP C14H-02-0005 LO-CO SP-99-2147C CS-MU-CO-NP SF-3-NP WILLOW ST SF-3-NP 00-2102 CS-MU-CO-NP CS-MU-CO-H-NP CS-MU-CO-NP C14H-2016-0112 CS-MU-CO-NP T A S T O S A V A N C14-2009-0036 CS-MU-V-CO-NP CS-MU-CO-NP SP-99-2199C CS-MU-V-CO-NP ( C14-2009-0036 ( C14-2011-0039 CS-MU-CO-NP SF-3-NP 00-2102 ( ( 00 -2 1 02 ( S ( E L A S O T U A T L S A M O C VACANT H77-044 CHURCH C 3 8 3 -0 3 9 P S CS-H-MU-CO-NP 02-0037 ( SF-3-NP SF-3-NP SF-3-NP ( 00 -2 1 02 ( SF-3-NP FAST R A B O T U A G KIN R A P G IN L C Y C E R G N I E W IN E H S C A M AIL T E R TOD-NP SP86-091 SP86-02 AUTO SPC97-0441C GARAGE 96-0157 96-0157 E 7TH ST ( L E S ( MEDICAL ( FACILITY 01-0148 BAR G KIN R A P REST. ( ( ( P A R K I N G ( OFFC. TOD-NP E IC F F O TOD-NP C. DIS S E L A S OFFICE 00 -2 1 02 TOD-NP 93-162 PARENT- HOOD G KIN R A P R E B R A B R E T N E C H T U O Y C14-01-0166.002 P O H O\S T U A G KIN R A P TOD-NP SP-06-0060DS 00 -2 1 02 SP-99-2216C STRUCTURAL BAR C.O.A. OFFICE STEEL TOD-NP 73-166 00-2102 TOD-NP RECYCLING PLANT 00 -2 1 02 OO-2102 84 -3 2 0 TOD-NP NPA-2008-0010.01 WHSE OFFICE WHSE 01-0166 WHSE CHALMERS COURT NPA-2018-0002.01.SH TOD-NP C14-2018-0050.SH (AUSTIN HOUSING AUTHORITY) E V S A R E M L A H C GR-MU-CO-NP C14-2010-0137 ( NPA-2010-0002.01 74-073 ( ( APTS. CS-MU-CO-NP AUTO SERVICES ( ( SF-3-NP ( T ( A S IN L A S 00 -2 1 02 PARK C14-01-0166 NP-01-0010 ( SF-3-H-NP ( ( C14H-2019-0112 SF-3-NP CS-MU-CO-NP SF-3-NP SF-3-NP CS-CO-MU-NP RIS O L F CS-MU-CO-NP T T. S E R Y D O B P O H S Y R D N U A L OFFICE SP-99-2217C O T U A S E L A S SP-98 ( -0087C E CESAR CHAVEZ ST ( SP- 05 -1 3 24 C ( CS-MU-CO-NP 00 -2 1 02 ( ( E FIC F O W A L U N D E V GAS AUTO REPAIR ( ( ( ZONING CS-MU-CO-NP E S W H UNDEV CS-MU-CO-NP E 2ND ST CS-NP 01-0166 ( ( SF-3-NP 01-0166 T N S O HIC C T R S ( A S P A H ( ( ( SF-3-NP ( P-NP ( ( SF-3-NP ( ( 01-0166 ( L C M A D A SF-3-NP SF-3-NP ( ( ( ZONING CASE#: C14-2021-0058 SF-3-NP SF-3-H-NP C14H-2017-0129 ( SF-3-NP ( ( 00 -2 1 02 NPA-2018-0002.01.SH (AUS TIN H OUS ING AU TH ORITY) E 4TH ST 75-113 69-116 ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE 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 the Housing and Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or Created: 4/7/2021 8 of 14B-10MF-4-NP T L S A M O GO-CO-NP C EXHIBIT B E 8TH ST GO-CO-NP GO-CO-NP T O S H C N O C TOD-NP TOD-NP E 7TH ST TOD-NP TOD-NP E 6TH ST TOD-H-NP E 7TH ST TOD-NP T S A I D Y L SF-3-HD-NP TOD-NP TOD-H-NP TOD-NP TOD-NP TOD-NP T C S A Y A T T A TOD-NP TOD-NP TOD-NP E 6TH ST TOD-NP TOD-NP UNZ T A S T O S A V A N TOD-NP TOD-NP TOD-NP T N S NIO O TOD-NP K22 TOD-NP TOD-NP C14-2021-0058 TOD-NP TOD-H-NP TOD-NP TOD-NP E 5TH ST J22 TOD-CURE-NP TOD-NP E 4TH ST TOD-NP J21 ± 1'' = 200' TOD-CURE-NP TOD-NP TOD-NP TOD-NP T L S A M O C TOD-CURE-NP E 5TH ST TOD-NP SF-3-NP TOD-NP SF-3-NP CS-MU-CO-NP SF-3-NP E 3RD ST SF-3-NP SF-3-H-NP TOD-CURE-NP TOD-NP K21 TOD-NP P-NP TOD-NP E 4TH ST Centro East Copyright nearmap 2015 TOD-NP C14-2021-0058 Creek Buffers ZONING BOUNDARY FULLY DEVELOPED FLOODPLAIN ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2021-0058 1501 E 6th St (aka 1509 E 6th St and 1510 E 5th St) 1.362 Acres K22 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. 9 of 14B-10EXHIBIT C June 01, 2021 Planning Commission, City of Austin Via E-mail: maureen.meredith@austintexas.gov, Heather.Chaffin@austintexas.gov RE: Plan Amendment Case: NPA-2020-0002.02 Zoning Case #: C14-2021-0058 Property Address: 1501 E. 6th Street (also known as 1509 East 6th Street and 1510 East 5th Street) Dear Planning Commissioners, Members of the ECC-NPCT attended the Virtual City Led Community Meeting regarding this project on the evening of September 24th and hosted a Special Meeting to further discuss this case following that event. In our Special Meeting, the applicant was able to quickly present building design reconsiderations that could produce the project at a height of 78 feet. We made good progress towards finding common ground between the applicant and the neighborhood. We trusted that given more time the expert team of architects and engineers on the applicants team would find ways to reduce the height of this project. Our role is to preserve the integrity of our neighborhood plan and that of the Saltillo TOD. The Saltillo TOD was heavily researched, vetted, and considered by knowledgeable, capable folks. It’s our plan. It’s a smart plan, a good plan, one that feels good to the neighborhood, and one that says 60 feet is the appropriate height for buildings at this location. Every 36 inches the ECC-NPCT gives away only adds 36 inches more to the next project's height increase request and our neighborhood suffers a slow "death by a thousand inches" if you will. That said, as stewards of our neighborhood plan, projects that bring strong affordable housing components are welcomed and cannot be ignored. Increased height precedents have been established for projects that bring strong affordable housing and/or fee-in-lieu proposals to our team. Those precedents cap out at building heights of 75 feet. The ECC-NPCT requested that the applicant seek solutions that cap the building height at 75 feet or less and we have requested that the applicant keep us informed of their progress. The applicant attended additional general meetings however no compromise on height was ever reached. On May 19, 2021 at a general meeting, the ECC-NPCT voted to support the applicant’s proposal to amend the zoning height definition in this case to change the base maximum building height from 60 feet to 85 feet strictly contingent upon the delivery of family friendly affordable housing units as defined by the City of Austin Affordable Housing Development Incentive Policy for Transit Oriented Developments. This proposal is one of very few projects that come before the ECC-NPCT that add real value to the neighborhood by including critically needed affordable housing. We trust that the Planning Commission will keep the areas 75’ height increase precedents in mind when vetting this decision. We recommend that the Planning Commision consider the applicant's proposal favorably. 10 of 14B-10Page 2 Sincerely, K en Kristen Heaney Chair East Cesar Chavez Neighborhood Planning Team CC: ECCNPT via e-mail Planning Commision via e-mail Council Member Pio Renteria, via e-mail 11 of 14B-10ARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 June 21, 2021 MICHAEL J. WHELLAN (512) 435-2320 mwhellan@abaustin.com Via email at Heather.Chaffin@austintexas.gov and Maureen.Meredith@austintexas.gov Heather Chaffin Maureen Meredith City of Austin Re: Subject: 1501 E. 6th St. - Plan Amendment Case: NPA-2020-0002.02; Zoning Case C-14-2021-0058 Dear Ms. Chaffin and Ms. Meredith: Because we have engaged in further discussions with the East Cesar Chavez Neighborhood Planning Team, we would like to modify the Applicant’s request in the above- referenced Neighborhood Plan Amendment and the Zoning Case to reflect ninety feet (90’) of height, rather than eighty-five feet (85’). Independently, we have discussed entering into a private restrictive covenant with the neighborhood to restrict the height of the building to 85 feet as measured from the ground floor on E. 6th St. The combination of the site’s slope and the way in which the City measures height necessitate this safeguard to ensure the building’s proportions match those supported by the neighborhood. We understand that the case will be postponed until the July 13, 2021 Planning Commission meeting and that we will be invoiced for the new notification. Of course, I am happy to answer any questions. Very truly yours, Michael J. Whellan {W1065640.1} 12 of 14B-10June 23, 2021 Planning Commission, City of Austin Via E-mail: maureen.meredith@austintexas.gov, Heather.Chaffin@austintexas.gov RE: Plan Amendment Case: NPA-2020-0002.02 Zoning Case #: C14-2021-0058 Property Address: 1501 E. 6th Street (also known as 1509 East 6th Street and 1510 East 5th Street) Dear Planning Commissioners, The role of the East Cesar Chavez Neighborhood team is to preserve the integrity of our neighborhood plan and that of the Saltillo TOD. Both plans were heavily researched, vetted, and considered by knowledgeable, capable folks. They’re our plans, smart plans, and plans that feel good to the neighborhood. They say that 60 feet is the appropriate height for buildings at this project’s location. That said, as stewards of our neighborhood plan, projects that propose strong affordable housing components in exchange for height variances are welcomed and cannot be ignored. Increased height precedents have been established for projects that bring strong affordable housing and/or fee-in-lieu proposals to our team. Those precedents cap out at building heights of 75 feet. On May 19, 2021 at a general meeting, the ECC-NPCT voted to support the applicant’s proposal to amend the zoning height definition in this case to change the base maximum building height from 60 feet to 85 feet strictly contingent upon the inclusion of family-friendly units with a minimum of 2 bedrooms. Furthermore, on June 17, 2021 at a general meeting, the parties clarified that support for an 85’ height variance was strictly contingent upon the delivery of 10% of the gross square footage of affordable housing being committed to family friendly units with a minimum of 2 bedrooms. Additionally, the ECC-NPCT voted to support a 90’ height variance strictly contingent upon the delivery of 20% of the gross square footage of affordable housing being committed to family-friendly units with a minimum of 2 bedrooms. While the 90' zoning height would apply to the entire site, the building shall not be any taller than 85' height as measured from the ground floor elevation on E. 6th Street. The ECC-NPCT understands that a private Restrictive Covenant may be necessary to enforce the height limit on E. 6th Street. This proposal is one of very few projects that come before the ECC-NPCT that add real value to the neighborhood by including critically needed affordable housing. Additionally, it benefits from its location on a sloped site - the added height remains compatible with neighboring structures. This project only scratches the surface of the need for affordable units in our neighborhood and we hope to see more follow in its footsteps. We recommend that the Planning Commision consider the applicant's proposal favorably. 13 of 14B-10Page 2 Sincerely, K en Kristen Heaney Chair East Cesar Chavez Neighborhood Planning Team CC: ECCNPT via e-mail Planning Commision via e-mail Council Member Pio Renteria, via e-mail 14 of 14B-10