Planning CommissionSept. 28, 2021

B-03 (C14-2021-0081 - 5th & Walsh Rezoning; District 9).pdf — original pdf

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C14-2021-0081 1 ZONING CHANGE REVIEW SHEET CASE: C14-2021-0081–5th & Walsh Rezoning DISTRICT: 9 ZONING FROM: CS-MU-V-CO-NP (Tract 1) TO: LI-PDA-NP CS-MU-CO-NP (Tract 2) ADDRESS: 1200, 1202, 1204, 1210, 1214, 1214 ½ W. 5th Street; 504, 506 Walsh Street SITE AREA: 1.3775 acres (60,003 sq. ft.) PROPERTY OWNER: Anchor Equities, LTD (Jimmy Nassour) 1210 W. 5th, LTD (David Roberts) Walsh Street Properties, LTD. (F. Walter Penn) AGENT: Armbrust & Brown, PLLC (Richard T. Suttle, Jr., Amanda Morrow) CASE MANAGER Mark Graham (512-974-3574, mark.graham@austintexas.gov ) STAFF RECOMMENDATION: The Staff recommendation is to grant limited industrial services-planned development area- neighborhood plan (LI-PDA-NP) combining district zoning. For a summary of the basis of staff’s recommendation, see case manager comments on page 2. PLANNING COMMISSION ACTION / RECOMMENDATION: September 28, 2021: September 14, 2021: APPROVED A POSTPONEMENT REQUEST BY STAFF TO SEPTEMBER 28, 2021, BY CONSENT [C. HEMPEL; A. AZHAR – 2ND] (11-0) S. PRAXIS; J. SHIEH - ABSENT CITY COUNCIL ACTION: October 21, 2021 ORDINANCE NUMBER: 1 of 23B-3 C14-2021-0081 2 ISSUES Existing general commercial services (CS) base zoning permits maximum building height of 60 feet. Proposed limited industrial services-planned development area-neighborhood plan (LI- PDA-NP) district zoning would permit a maximum building height of 90 feet, (reduced from 100 feet as initially requested). The adopted Neighborhood Plan favors smaller scale residential and mixed use development. The applicant is proposing either residential or commercial development. CASE MANAGER COMMENTS: The subject site is in Old West Austin Neighborhood bounded by MoPac on the west, Lamar on the east, Enfield Road on the north and Lady Bird Lake on the south. The site is between Pressler Street and Walsh Street on the north side of W. 5th Street. The rezoning tract is rectangular in shape with the long side fronting on West 5th Street and the short edge on Walsh Street. Alley access and loading is proposed. The rezoning tract is 1.3775 acres (60,003 sq. ft.) and currently developed with four, one-story, commercial buildings and various utility sheds. Two of the buildings fronting W. 5th appear to be used for offices. The building on the northwest corner of 5th and Walsh has retail and consumer services, and the only building in the rezoning tract fronting only on Walsh St. provides motor-scooters and guided tours of Austin. There is no residential displacement. Existing Zoning There are two different zonings on the rezoning tract. The larger zoning tract (1.15 acres) has general commercial services–mixed use-vertical mixed use building–conditional overlay– neighborhood plan (CS-MU-V-CO-NP) combining district zoning. That tract includes 3 of the 4 buildings. The building fronting on Walsh Street occupies 0.23 acres zoned general commercial services-mixed use-conditional overlay-neighborhood plan (CS-MU-CO-NP) combining district. Current zoning strings permit both commercial and residential development. The conditional overlay (CO) in the existing zoning string was established in 2002 with the City Council adopting the Old West Austin Neighborhood Plan Rezoning (Ord.# 020926-26). Old West Austin Neighborhood Plan Neighborhood Plan Tract 44 in the Neighborhood Plan includes the subject tract and changed the zoning from CS to CS-MU-CO-NP. This made the rezoning tract subject to the development regulations listed in the conditional overlay of the NP. Part 5. Permits Tract 44 to develop as a neighborhood mixed use building as permitted in 25-2- 1502 through 25-2-1504 (Neighborhood Mixed Use Building). 2 of 23B-3 C14-2021-0081 3 Part 6. Section 4. Establishes a list of Conditional uses for Tract 44: Automotive rentals, automotive repair services, automotive sales, automotive washing (of any type), commercial blood plasma center, construction sales and service, convenience storage, equipment repair services, equipment sales, guidance services, laundry services, maintenance and service facilities, residential treatment, service station. Part 6. Section 7. Prohibits the following uses on tract 44: Drop-off recycling collection facilities, exterminating services, kennels, adult oriented business, Limited warehousing and distribution, vehicle storage. In the proposed LI-PDA-NP: The proposed (LI-PDA) would permit both commercial and residential uses. The PDA has different development standards for a commercial building than for a residential building. A commercial building has a maximum height of 60 feet, compared to a maximum of 90 feet for a residential building. 1. The following uses that were conditional in Part 6. Section 4. are now prohibited: a. Automotive rentals, automotive repair services, automotive sales, automotive washing (of any type), maintenance and service facilities 2. The following uses that were conditional in Part 6. Section 4. are now permitted: a. Guidance Services, Residential Treatment 3. The following uses that were prohibited in Part 6. Section 7. are still prohibited: a. Drop-off recycling collection facilities, exterminating services, kennels, limited warehousing and distribution, vehicle storage. 4. Adult oriented businesses, prohibited in the neighborhood plan-conditional overlay for this tract, are not a permitted use in LI base zone district as they were in CS base zone district so they are not listed separately in a prohibited use list. 3 of 23B-3 C14-2021-0081 4 Proposed Zoning Section 1. Site Development Standards A. A. Section 2. Authorized Uses If there is a conflict between this Ordinance and applicable City of Austin rules, regulations and ordinances, this Ordinance including the Exhibits shall control. Has Law weighed in on this? All Limited Industrial Services (LI) uses are permitted uses of the Property, except as set forth in Subsection B of this Section. The following are additional permitted uses: Multi-Family Residential Condominium Residential Liquor Sales Pet Services B. The following uses are prohibited as principal uses of the Property: Agricultural Sales and Services Automotive Sales Automotive Repair Services Automotive Rentals Automotive Washing (of any type) Bail Bond Services Basic Industry Campground Construction Sales and Services Custom Manufacturing Drop-Off Recycling Collection Facility Exterminating Services General Warehousing and Distribution Indoor Crop Production Kennels Light Manufacturing Limited Warehousing and Distribution Maintenance and Service Facilities Pedicab Storage and Dispatch Scrap and Salvage Service Station Recycling Center Research Services Residential Treatment Resource Extraction Vehicle Storage 4 of 23B-3 C14-2021-0081 5 Section 3. Site Development Regulations A. Base District Regulations Development of the Property shall conform to the site development regulations authorized for the Limited Industrial Services (LI) district as set forth in the City Code, except as provided for in this Ordinance. Should the Property be developed with a residential use, the following development regulations shall apply: a) There are no minimum front yard, street side yard, interior side yard, or rear yard setbacks. b) The maximum height is 90 feet. c) The maximum impervious cover is 95%. d) The maximum building coverage is 95%. e) The maximum floor-to-area ratio is 6.5:1. f) There are no minimum site area requirements. b) The maximum height is 60 feet. c) The maximum impervious cover is 95%. d) The maximum building coverage is 95%. e) The maximum floor-to-area ratio is 4:1. 3) Should the Property be developed with a commercial project with no residential uses, the following development regulations shall apply: a) There are no minimum front yard, street side yard, interior side yard, or rear yard setbacks. Calculations for impervious cover, building coverage, and floor-to-area ratios shall be based on the gross site area of the entire Property Section 25-6-532 (Off-Street Loading Standards) and Section 25-6, Appendix A (Tables of Off-Street Parking and Loading Requirements) is modified to require a maximum of 1 loading space to be provided on-site for the Property. Transportation Criteria Manual (“TCM”) Section 9.3.0 #3 is modified to allow maneuvering within the alley located adjacent to the Property. 1) 2) 4) 5) 6) 5 of 23B-3 C14-2021-0081 6 Transportation The Austin Strategic Mobility Plan (ASMP), adopted 04/11/2019, identifies sufficient right-of- way Walsh Street and identifies a need for 68 feet of right-of-way for 5th Street. It is recommended that 34 feet of right-of-way from the existing centerline should be dedicated for 5th Street according to the Transportation Plan at the time of subdivision and/or site plan application, whichever comes first. Assessment of required transportation mitigation, including the potential dedication of right of way and easements and participation in roadway and other multi-modal improvements, will occur at the time of site plan application. A traffic impact analysis shall be required at the time of site plan if required per LDC 25-6-113. ATD supports the applicant’s request to modify the following two code requirements: Section 25-6-532 (Off-Street Loading Standards) and Section 25-6, Appendix A (Tables of Off-Street Parking and Loading Requirements) is modified to require a maximum of 1 loading space to be provided on-site for the Property. Transportation Criteria Manual (“TCM”) Section 9.3.0 #3 is modified to allow maneuvering within the alley located along the northern property line. Name Existing ROW ASMP Required ROW Pavement ASMP Classification Sidewalks Bicycle Route 5th St Walsh St 62’ 57’ 68’ 50’ 45’ 25’ 3 1 Yes Yes Yes No Capital Metro (within ¼ mile) Yes Yes BASIS OF RECOMMENDATION: The proposed zoning should be consistent with the purpose statement of the district sought. Limited industrial service (LI) district is intended as an area primarily for commercial services and limited manufacturing uses, generally on moderately sized sites. Planned development area (PDA) combining district is intended for combination with selected commercial and industrial base districts, in order to modify base district provisions as necessary to allow for appropriate industrial and commercial uses or to reflect the terms of a Planned Development Area agreement following annexation of properties subject to such an agreement. (NP) – Neighborhood Plan district denotes a tract located within the boundaries of an adopted Neighborhood Plan. 4) 5) 1. 6 of 23B-3 C14-2021-0081 7 The proposed zoning provides for either a residential multifamily development or a commercial development. The list of permitted uses in the (LI) base zone district is extensive and reduced by 25 prohibited uses in the subject request. The Planned Development Area (PDA) Standards add 2 residential uses that could become the primary use of the site. Two other uses are added: Liquor Sales and Pet Services. The proposed PDA Development Standards modify setbacks, building height and FAR to build a dense residential building or large commercial building that would be expected in the downtown. 2. Zoning should not constitute a grant of special privilege to an individual owner; Granting of the request should result in an equal treatment of similarly situated properties. There are several nearby developments that have multifamily residential, mixed-use and commercial buildings using LI-PDA-NP zoning: o 1301 W. 5th St. The Clark o 1601 -1611 W. 5th St The Gables at 5th o 300 North Lamar Blvd. AMLI 300 o 1411 W. 5th St. Cube Smart Self Storage EXISTING ZONING AND LAND USES: Site North South East West Zoning Land Uses CS-MU-V-CO-NP Business and consumer services, retail and repair PUD-NP, CS-MU-CO-NP, CS-MU-V-CO-NP (Across W. 5th) LI-CO-NP, LI-PDA-NP Mixed use retail/residential Restaurants/bars, professional offices, business and consumer services, open storage yard. CS-MU-CO-NP, CS-MU-V- CO-NP Office, storage, retail PUD-NP, CS-MU-V-CO-NP Storage, mixed use retail/ multifamily residential NEIGHBORHOOD PLANNING AREA: Old West Austin Neighborhood Plan – (No FLUM) Ord.# 020926-26 adopted Sept. 26, 2002 NP Ord.# 000629-105 7 of 23B-3 C14-2021-0081 8 TIA: The Austin Strategic Mobility Plan (ASMP), adopted 04/11/2019, identifies sufficient right-of-way on Walsh Street and identifies a need for 68’ of right-of-way for 5th Street. A traffic impact analysis is waived for the rezoning. The determination is deferred to site plan application, when land use and intensity will be finalized. WATERSHED: Lady Bird Lake – Urban OVERLAYS: ADU Approximate Area Reduced Parking; Residential Design Standards; LDC/25-2-Subchapter F SCHOOLS: (see attachment 1: Education Impact Statement) AISD: Mathews Elementary, O’Henry Middle, Austin High NEIGHBORHOOD ORGANIZATIONS Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Old West Austin Neighborhood Association AREA CASE HISTORIES: Number C14-02-0112 Old West Austin NP Old West Austin Neighborhood Plan Contact Team Preservation Austin SELTexas Save Barton Creek Assn. Save Historic Muny District Shoal Creek Conservancy Sierra Club, Austin Regional Group Request Commission City Council To grant Apvd. 09/26/2002 Ord.# 20020926-26 Rezone about 416 ac. to add NP and change base zone on 61 tracts. Part 5. Tracts 1-57 &59- 62 may be developed as a neighborhood mixed use building special use per LDC 25-2-1502 through 2504. Part 6. #4-Conditional uses: Automotive rentals, automotive repair services, automotive sales, automotive washing (of any type), commercial blood plasma center, construction sales and service, convenience storage, equipment repair services, equipment sales, guidance services, laundry services, maintenance and service facilities, Residential treatment, service station. #7 Prohibited uses: Drop-off recycling collection facilities, exterminating services, kennels, adult oriented businesses, limited warehousing and distribution, vehicle storage. 8 of 23B-3 C14-2021-0081 9 Request Commission City Council To grant Apvd. Ord.# 20080306-056 Ord.# 20080327-059 Number C14-2007-0237 OWANA Vertical MU C14H-04-0016 Becker-Wilde House 1207 W. 6th St C14-2010-0115 Westend Bistro 1315 W 6th St. Rezoning about 31 ac. to add Vertical Mixed Use Building (V) combining districts to certain tracts in Old West Austin NP area. Ord (056) Tract 29, Part 3.A Ten percent of residential units in V reserved for HH earning <70% AMI for Family; B. Ten percent of residential units shall be reserved for HH earning < 80% AMI for properties whose affordable units are > 1000 sq. ft. and two bedroom. C. Applies to Tracts 28-34. 1. Property is exempt from the dimensional standards identified in Article 4.3.3E.2 (Dimensional and Parking Requirements). 2. Property is subject to the parking reductions in 4.3.3.E.3 Rezone from CS-MU-CO-NP to CS-MU-CO-H- NP. Part 2.1. List of prohibited uses: Drop-off recycling collection facilities, exterminating services, kennels, adult oriented businesses, limited warehousing and distribution, vehicle storage. Part 2.2 List of conditional uses: Automotive rentals, automotive repair services, automotive sales, automotive washing (of any type), commercial blood plasma center, construction sales and service, convenience storage, equipment repair services, equipment sales, guidance services, laundry services, maintenance and service facilities, residential treatment, service station. Rezoning from GR-V-CO-NP to GR-V-CO-NP. Part 3.A. list of site development regulations . Part 3.B. List of Prohibited uses: automotive rentals, automotive repair services, automotive sales, automotive washing (of any type), bail bond services, business or trade school, commercial off-street parking, consumer convenience services, consumer repair services, drop-off recycling collection facility, exterminating services, funeral services, hotel- motel, indoor entertainment, indoor sports and recreation, off-site accessory parking, outdoor entertainment, outdoor sports and recreation, pawn shop services, pet services, To grant Apvd. 12/02/2004 Ord.# 041202-Z-8 To grant Apvd. 08/26/2010 Ord.# 20100826-082 9 of 23B-3 C14-2021-0081 10 Number Request Commission City Council C14-2014-0134 1301 W. 5th St. To grant Apvd. 12/11/2014 Ord.#20141211-163 plant nursery, printing and publishing, research services, service station, theater, custom manufacturing, guidance services, hospital services (general) Part 3.C List of Conditional uses: College and university facilities, community recreation (private) community recreation (public) congregate living, group home, Class II, Hospital services (limited) residential treatment. Rezone 1.6435 ac. From LI-CO-NP to LI-PDA. Part 3.A. 2,000 daily vehicle trips max. B. No access to W. 5th St. C Multifamily residential use is permitted. D. List of conditional uses: Limited warehousing and distribution, convenience storage, automotive rentals, automotive repair services, automotive sales, service station, equipment repair services, equipment sales, automotive washing (of any type) E. Laundry services use is a conditional use if it exceeds 6,000 sq. ft.. F. Construction sales and services use is a conditional use if exceeds 10,000 sq. ft. G. List of prohibited uses: Drop- off recycling collection facility, kennels, exterminating services, vehicle storage, resource extraction, bail bond services, basic industry, building maintenance services, general warehousing and distribution, funeral services, recycling center, campground, scrap and salvage, custom manufacturing, agricultural sales and services, light manufacturing H. List of development standards: 1. building setback minimum 17’ from N. property line. 2.minimum 20’ from south property line. 3. Minimum 8’ from east property line. 4. Minimum 10’ from west property line. 5. Maximum FAR 5:1. 6. Building maximum height within 30’ of north setback is 10 of 23B-3 C14-2021-0081 11 Number Request Commission City Council C14H-2010- 0006 Castle Hill Historic District C14-2009-0166 Westend Bistro To grant Apvd. 09/30/2010 Ord.#20100930-038 To grant Apvd. 03/11/2010 Ord.# 20100311-060 48’ maximum. 7. Maximum building height is 75’. 8. Maximum building coverage is 95%. 9. Maximum impervious coverage is 95%. Part 4. Property is subject to Old West Austin NP combining district (Ord.# 020926-26). Rezone to establish the local historic district for a list of properties. Describing and identifying “contributing” and “noncontribution” structures. Rezone from LO-NP & LO-V-NP to GR-NP and GR-V-CO-NP. Part A. List of development regulations: 1. Max height 25’. 2. Maximum 2 stories. 3. Minimum Interior side yard is 5’. 4. Minimum front yard setback is 25’. 5. Minimum rear yard 5’. 6. Maximum building coverage is 50%. 7. Maximum impervious cover 80%. 8. Maximum FAR 0.7:1 9. Max gfa of building is 3500 sq. ft. B List of prohibited uses: automotive rentals, automotive repair services, automotive sales, automotive washing (of any type), bail bond services, business or trade school, commercial off-street parking, consumer convenience services, consumer repair services, drip- off recycling collection facility, exterminating services, funeral services, hotel-motel, indoor entertainment, indoor sports and recreation, off-site accessory parking, outdoor entertainment, outdoor sports and recreation, pawn shop services, pet services, plant nursery printing and publishing, research services, service station, theater, custom manufacturing, guidance services, hospital services (general). C. List of conditional uses: College and university facilities, community recreation (private) community recreation (public) congregate living, group home, class II hospital services (limited), residential treatment. Part 4 Subject to Old West Austin NP (Ord.#020926-26). RELATED CASES: None 11 of 23B-3 C14-2021-0081 12 LEGAL DESCRIPTION: (see table below) Deed Conveyance Information Deed Legal Desc 1210 W. 5th St 0108031322 Doc. No. 2020254000 Lot 26, Blk 1, Olt 1, Div Z, Duval Subd Doc. No. 2015057070 Lot 27&28, Blk 1, Olt 1, Div Z, Duval Subd Property Address 1214 W. 5th St TCAD Parcel ID 0108031336 1204 W. 5th St 504 Walsh St Walsh St 0108031321 0108031333 0108031332 Doc. No. 201501492 W 100 ft of Lot 24&25, Blk 1 + 8.4 sq. ft. Olt 1, Div Z, Duval Subd. E 50 ft of Lot 23, Blk 1 Olt 1, Div Z, Duval Subd W 100 ft of Lot 23, Blk 1, Olt1, Div Z, Duval Subd 506 Walsh St 0108031318 Doc. No. 2018200349 Lot 22, Block 1, Outlot 1, Div Z, Duval Subdivision 0108031320 Doc. No. 2018033223 E 50 ft of Lot 24&25, Blk 1 -8.4 sq. ft. Olt 1, Div Z, Duval Subd 1200/1202 W. 5th St OTHER STAFF COMMENTS: Comprehensive Planning This zoning case is located on the west side of Walsh Street, on a 1.37 acre parcel, which also includes frontage along West 5th Street. The property is situated along the West 5th Street Activity Corridor, a quarter mile from the Downtown Regional Center, and is located within the boundaries of the Old West Austin Neighborhood Planning Area. Surrounding land uses include a restaurant and commercial uses to the north; to the south is a bar, coffee shop and restaurant; to the east is an office and hair salon; and to the west is an office building and an apartment complex. The proposed use for the entire project area, to include this property, is either 450 multifamily residential units or 65,000 square feet of office and 10,000 square feet of retail. Connectivity West 5th Street is an arterial road, with public sidewalks on both sides of the street, often interrupted by driveways. There are no bike lanes. A Capitol Metro Transit stop is located 600 feet to the east, along West 5th Street. Mobility options are average and connectivity options are good. Old West Austin Neighborhood Plan The Old West Austin Neighborhood Plan (OWANP) is one of the few small area plans that does not have a Future Land Use Map. The following Text, Goals and Objectives found in the OWANP are applicable to this case. 12 of 23B-3 C14-2021-0081 13 Commercial and office uses are concentrated on Lamar, 5th Street, 6th Street, and West Lynn. A few existing industrial uses are located between 5th and 6th Streets. Some residential structures are now used as offices, especially on 5th Street, 6th Street, and Baylor. (pg. 9) LAND USE / ZONING: (pg. 23) The neighborhood planning team has identified "neighborhood-friendly" commercial areas where office, retail, and residences can be mixed vertically and horizontally. These areas include West 5th and 6th Streets between Lamar and Mopac…. For decades, the Old West Austin Neighborhood has resisted intense pressure to change existing residential properties to commercial use. Despite these efforts, a significant loss in residential use has occurred. The goal of the Neighborhood Planning Team is to protect existing residential property and encourage the development of new residential property by supporting mixed-use development in certain areas of the neighborhood. The development of commercial properties under the banner of mixed use with token residential space, such as penthouses, is not supported by the plan. A goal of the neighborhood plan is at least three square feet of residential space for every new square foot of commercial space. Neighborhood-oriented commercial uses with modest parking requirements are preferred. The planning team has identified types of uses that should be: permitted, not permitted, and conditionally permitted in CS, CS-1 and LI zoning in the neighborhood. Development of buildings with a mix of office and residential can result in complementary parking. Retail can be included in certain areas as parking allows. Goal 1 - Encourage Mixed Uses (pg. 23) Obj. 1.1 – Allow mixed uses in selected areas, as follows: Action 1: Apply the Neighborhood Plan Combining District special use category “Neighborhood Mixed Use Building” and the Mixed Use Combining District to all properties between the Union Pacific Railroad and the center line of 5th Street, to encourage the conversion of this land to a mix of residential and other uses. The neighborhood will encourage developers to include residences of an appropriate size for families with children. Mixed-use development would be permitted but not required. (City Action Item: DRID). Action 2: Apply the Neighborhood Plan Combining District special use category “Neighborhood Mixed Use Building” and the Mixed Use Combining District to all properties zoned CS, CS-1, or LI from the north side of 6th Street to the center line of 5th Street. (City Action Item: DRID). (pg. 24) Goal 2 - Protect the Character of the Neighborhood (pg. 24) Obj 2.1 – Encourage commercial uses that support the neighborhood. In the area South of 6th Street (all lots south of the center line of 6th Street): (pg. 31) 13 of 23B-3 C14-2021-0081 14 • The neighborhood plan supports property owners' requests to rezone LI properties to W/LO, MF-1 through MF-6, and CS-CO with the Neighborhood Plan Combining District special use category “Neighborhood Mixed Use Building” (for the CO, see list of uses identified as restricted in this plan under item #5). • No rezonings to a commercial category more permissive than CS-CO (as specified under item #5) should be permitted, except as noted above for LI properties. The Old West Austin Neighborhood Plan policies supports neighborhood friendly, neighborhood serving mixed-use along this portion of West 5th Street. Imagine Austin The Imagine Austin Growth Concept Map identifies this project as being located along an Activity Corridor (West 5th Street), close to the West 6th Activity Corridor and just a quarter of a mile from the Downtown Regional Center. Activity Corridors are intended to allow people to reside, work, shop, access services, people watch, recreate, and hang out without traveling far distances. They are characterized by a variety of activities and types of buildings located along the roadway — shopping, restaurants and cafés, parks, schools, single-family houses, apartments, public buildings, houses of worship, mixed-use buildings, and offices. The following Imagine Austin policies are applicable to this case: • LUT P3. Promote development in compact centers, communities, or along corridors that are connected by roads and transit that are designed to encourage walking and bicycling, and reduce health care, housing and transportation costs. • LUT P4. Protect neighborhood character by directing growth to areas of change that includes designated redevelopment areas, corridors and infill sites. Recognize that different neighborhoods have different characteristics and new and infill development should be sensitive to the predominant character of these communities. • LUT P5. Create healthy and family-friendly communities through development that includes a mix of land uses and housing types and affords realistic opportunities for transit, bicycle, and pedestrian travel and provides both community gathering spaces, parks and safe outdoor play areas for children. Based upon mobility and connectivity strengths in the area, the Old West Austin and the Imagine Austin policies listed above, and this project being situated along an Activity Corridor, this commercial or residential project supports the Imagine Austin Comprehensive Plan. Imagine Austin has no policy on structure heights. 14 of 23B-3 C14-2021-0081 15 Environmental 1. The site is partially 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. It is in the Desired Development Zone. 2. Zoning district impervious cover limits apply in the Urban Watershed classification. 3. According to floodplain maps there is no floodplain within or adjacent to the project location. 4. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. 5. At this time, site specific information is unavailable regarding vegetation, areas of steep slope, or other environmental features such as bluffs, springs, canyon rimrock, caves, sinkholes, and wetlands. 6. This site is required to provide on-site water quality controls (or payment in lieu of) for all development and/or redevelopment when 8,000 s.f. cumulative is exceeded, and on site control for the two-year storm. 15 of 23B-3 C14-2021-0081 16 Parks and Recreation PR1: Parkland dedication will be required for the new residential units proposed by this development, multifamily with LI-PDA-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. SP1. Subchapter E: (Design Standards And Mixed Use) standards will be used for multifamily or condo developments, including open space requirements. Site Plan 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. 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 Exhibit A: Zoning Map Exhibit B: Aerial Map Exhibit C: Site Development Standards Exhibit D: Education Impact Statement 16 of 23B-3 ( ( SF-3-NP ( ( ( ( ( SF-3-NP ( W 10T H S T P-H-HD-NP MF-3-HD-NP MF-4-HD-NP SF-3-H-HD-NP ( ( W 11TH ST = MF-4-HD-NP SF-3-HD-NP ( MF-4-HD-NP ( GO-NP ! ! ! ! ! ! ( LO-MU-H-CO-HD-NP ( NPA-2007-0006.01 C14-2007-0201 ! ! C14H-77-026 ( ( ( MF-3-NP SF-3-NP ( ( SF-3-HD-NP SF-3-H-HD-NP C14-04-0149.18 04-0149.18 ( MF-4-HD-NP MF-4-HD-NP ( ( ( ( MF-4-NP MF-4-H-HD-NP SF-3-H-HD-NP ( C14H-05-0012 ! ! ! ! C14-2019-0151 ! ! 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P79-11 UNZ S T N E M T R PA A MF-4-NP NO-MU-H-CO-NP ( SF-3-HD-NP ( C14-04-0149.25 ( SF-3-NP C14H-2014-0012 MF-4-H-HD-NP SF-3-H-HD-NP C14-04-0149.06 ( C14H-2009-0067 SF-3-NP MF-4-NP MF-4-NP ( SF-3-HD-NP 1 9 . 2 4 1 0 - 4 ( 0 ( MF-4-HD-NP MF-4-HD-NP ( ( MF-4-HD-NP ( ( P-NP WEST AUSTIN PARK SF-3-NP ( MF-4-NP ( ( ( MF-4-H-HD-NP C14H-2008-0019 ( C14-04-0149.21 ( C14-04-0149.26 ( ( SF-3-HD-NP ( MF-4-H-HD-NP ( C14H-2009-0023 S. ( T P ( A C14-04-0149.23 MF-4-HD-NP SF-3-HD-NP ( C14-04-0149.17 SF-3-HD-NP MF-4-HD-NP ( ( SF-3-H-HD-NP ( ( W 9TH ST ( APTS. ( ( C14-04-0149.24 SF-3-HD-NP ( C14H-2018-0013 MF-4-HD-NP ( ( ( ( ( ( ( ( MF-4-NP T R S E L S S E R P SF-3-HD-NP ( ( ( ( MF-3-NP SF-3-NP ( MF-4-NP T N S N ( SF-3-NP C14-04-0149.43 ( 04-0149.43 ( ( C14H-06-0022 MF-4-HD-NP ( BELLE M O N H76-01 T LY S E W ( APTS. MF-4-NP ( 04-0149.33 ( GO-NP 80-90 ( CONDOS. R. T N 7 9 - 1 6 2 ( 9 4 84-2 ( ( LO-NP G. C N LR ( GO-NP E FIC F O K R A P 3 5 7-1 6 C. F O C. F O GO-NP 4 -5 9 7 T L S L E 79-124 W O GO-NP P 79-5 3 4 -1 2 9 MF-4-NP CS-MU-V-CO-NP MF-4-NP LO-CO-NP ( C14-2007-0237 CS-1-MU-V-CO-NP CS-MU-V-CO-NP ( C14-2007-0237 MF-4-NP APTS. APTS. MF-4-HD-NP ( LO-NP ( ( LO-NP ( 04-0149.22 ( ( C14-04-0149.22 SF-3-HD-NP ( MF-4-HD-NP ( ( T ST ( ( C14-04-0149.20 SF-3-HD-NP ( MF-4-NP ( ( H H W 6T ( SF-3-H-HD-NP C14H-80-025 SF-3-HD-NP ( ( ( MF-4-HD-NP E ALF S V D A ( SF-3-HD-NP N A L H HIG ( MF-4-HD-NP ( SF-3-NP ( ( T ( LO-NP O FC . ( MF-4-NP ( MF-4-HD-NP SF-3-HD-NP GO-NP ( LO-MU-NP LO-CO-NP GO-CO-NP LO-NP S . O D N O C O F C . LR-MU-CO-NP 82-81 LO-NP SF-2-HD-NP ( MF-4-NP ( ( ( 2 9.3 4 1 4-0 0 ( MF-4-NP ( C14-04-0149.33 SF-3-NP ( 02-0112 APTS. MF-4-NP ( ( ( ( ( ( 1 2 1 4-0 9 ( C14-04-0149.32 SF-3-NP ( ( SF-3-NP 74-62 MF-4-NP ( ( L F GO-NP WIN R O D SF-3-NP ( MF-4-NP ( SF-3-H-HD-NP ( 0 4-2 H7 CS-MU-V-CO-NP ( C14-2007-0237 C14-05-0038 05-0038 LI-CO-NP AUTO SALES GR-MU-V-CO-NP C14-2007-0237 85-265 02-0112 LO-V-CO-NP C A R W A S H CS-MU-V-CO-NP 98-0066 C14-2018-0030 C14-2007-0237 OFF. LO-NP LR-NP C14-2015-0044 LO-NP E V D A N A L ( K A O C14-06-0176 LO-MU-NP CS-MU-CO-NP LO-NP OFF. 82-206 85-111 CS-MU-V-CO-NP STRIP MALL G KIN R A P P S O C H 11 Y S 3-1 D 9 O P B S 02-0112 LI-CO-NP T L S U A P C14-2015-0078 LI-PDA-NP GR-V-CO-NP C14-2013-0101 LR-V-NP P O H Y S D O B PARKIN G LI-CO-NP 02-0112 GR-CO-NP GO-NP C14-2013-0138 LO-CO-NP 84-219 2 1-6 7 GR-V-CO-NP C14-2009-0166 C14-2010-0115 G KIN R A P 85-352 C14-2007-0237 . A T IO S DIO U T D S A R CS-MU-V-CO-NP 6 4 1-1 ELEC. W 7 HSE. CS-MU-CO-NP SP91-0100A SP-06-0365C SP85-171 OFF. C14-2007-0237 CS-MU-V-CO-NP SPC-03-0018C None 02-0112 LI-CO-NP TELEPH O NE T SP95-0075C MINI-STO ( W 3RD ST ( LI-CO-NP SP-87-011 ( P-NP W H SE C14-2012-0008 CS-CO-NP SHOPPING CENTER ! ! C814-96-0002 E FIC F O E ! ! PUD-NP STO R AG ( ! ! ! CS-MU-CO-NP T H S S L A W ! ! CS-MU-CO-NP ! ! C14-2007-0237 CS-MU-V-CO-NP ! ! OFFICE OFFICE ! FUR ! ! N./UPH ( OL. ( CS-MU-CO-NP R A G E LI-PDA-NP C14-2014-0134 02-0112 D S R A H C R O ( ! ! ( ( ( SP85-001 LI-CO-NP OFFICE ! ! P O H S L A T N E O R T U A ( SP-02-0352C C14-2012-0015 CS-CO-NP RESERVE RD TOWNE LAKE PARK W 4TH ST IRON AND STEEL YARD LI-CO-NP P-NP SPC97-111C HUMANE SOCIETY ANIMAL SHELTER P-NP P-NP P-NP S T E P H E N F A T O C E S A R C E B R A M P 02-0112 ( ( APTS. MF-4-HD-NP ( SF-3-NP SF-3-HD-NP MF-4-NP ( SF-3-NP SF-3-H-HD-NP C14H-03-0016 T N S A MF-4-H-HD-NP H T R A H S. T P A S. PT A ( 93-59 ( C14H-2010-0006 C14H-92-0002 MF-4-H-HD-NP ( SF-3-HD-NP ( MF-4-HD-NP ( C14-04-0149.46 ( 04-0149.46 ( MF-4-HD-NP SF-3-HD-NP MF-4-HD-NP SF-4A-HD-NP SF-3-HD-NP MF-4-HD-NP ( 2007-0237 CS-MU-V-CO-NP C14-2007-0237 T O S C N A 59-0 BL 8 2 E R O T S W 6TH ST CS-MU-CO-HD-NP ( CS-MU-CO-HD-NP C14-2007-0237 SP96-0216D ( PUD-NP CS-MU-CO-H-NP SP-96-0329C C14-02-0112 S E L A S CS-1-MU-CO-HD-NP ( CS-MU-CO-HD-NP C14-2007-0237 ( C14H-04-0016 CS-MU-V-CO-NP ( MF-4-HD-NP C14H-2010-0006 ( SF-3-HD-NP ( ( ( C14-04-0149.08 SF-3-HD-NP MF-4-HD-NP ( ( C14H-2009-0036 ( SF-3-HD-NP ( MF-4-HD-NP SF-3-H-HD-NP ( 73-125 SF-3-H-HD-NP ( ( LO-NP CS-MU-CO-NP SF-3-HD-NP SF-3-HD-NP C14-04-0149.31 ( ( W 7TH ST MF-4-HD-NP ( SF-3-HD-NP SF-3-HD-NP CS-MU-V-CO-NP MF-4-HD-NP SF-3-HD-NP MF-4-HD-NP Y R E K A B G KIN R A P ( SF-5-HD-NP C14-04-0122 ( 02-0112 04-0122 MF-4-HD-NP ( CS-MU-V-CO-NP ( MF-4-HD-NP ( C14-2007-0237 SF-3-H-HD-NP APTS. ( ( ( C14-2007-0237 CS-MU-V-CO-NP 02-0112 RETAIL ( CS-MU-CO-NP F. F O R S O L Y A B ( CS-MU-V-CO-NP T MF-4-HD-NP ( REALTOR C14-2007-0237 CS-MU-V-CO-NP SP94-0283AS CS CS-MU-CO-NP ( 02-0112 ( CS-MU-V-CO-NP C14-2007-0237 8 5-0 7 H CS-MU-CO-NP RETAIL SHOPS 91-0100 AUTO REPAIR 02-0112 CS-MU-V-CO-NP C14-2007-0237 CS-H-NP CS-MU-V-CO-NP C14-2007-0237 W 5TH ST T S S R E Y A S MASSAGE THERAPY OFF. BLD G. ( N84-013 ( ( CS-MU-CO-NP CS-H-NP OFFICE CS-MU-CO-NP ( SAYERS ST LI-CO-NP E IC F F O G KIN R A P 02-0112 ( RESTAURANT ( ROSE ST OFFICE T R S O L Y A B C 0 9 1 6-0 9 P S SHOPPING CENTER RETAIL CS-CO P-H-NP 86-165 PARKING SP93-0228CS 2007-0237 CS-MU-V-CO-NP C14-2007-0237 02-0112 SP-98-0073C D V L R B A M A N L RETAIL CENTER SP-04-1155C DMU FURNITURE CS-MU-CO-NP CS-MU-V-CO-NP C14-2007-0237 B D S R V D S V L B D N R V D S ELEC. CO. OFFICE 04-0135 LI-PDA-NP C14-04-0135 SP-04-0272D R B A M A TRAINING CENTER N L V L R B A M A N L G KIN R A P W 3RD ST GENERAL\RETAIL GYM SPC-04-0042C DMU TRAIN LI-NP STATION 02-0112 SPC92-0031C T O L DIO U T S SP97-0187C SP-03-0296C SP-06-0519C 05-0136 C14-05-0136 DMU-CURE-CO T WIE S O B C14-99-0002 DMU-CO C14-05-0093 83-140 DMU-CO C14-05-0093 C14-2007-0164 02-0112 S P C 9 2-0 0 3 1 C 88-0033 02-0112 TOWNE LAKE PARK LI-CO-NP Y.M.C.A. P-NP W C E S A R C H AV EZ ST SOFTBALL FIELD B R REYN OLDS D R P-NP SP-2007-0306C SP-98-0309C DMU-CURE C14-05-0005 SP-06-0241D 0 5 - 0 0 9 3 P 05-0005 C14-2013-0144 C14-05-0093 P 01-0070 SPC89-0200CS P P LOU NEFF RD P P ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ZONING Exhibit A ZONING CASE#: C14-2021-0081 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: 4/21/2021 17 of 23B-3 LO-CO-NP SF-3-H-HD-NP T R S E L S S E R P LO-CO-NP GR-V-CO-NP H23 R O D L F WIN CS-MU-V-CO-NP CS-MU-CO-NP MF-4-NP MF-4-NP SF-3-HD-NP SF-3-H-HD-NP SF-3-NP MF-4-H-HD-NP CS-MU-V-CO-NP W 6TH ST CS-MU-CO-HD-NP PUD-NP MF-4-H-HD-NP T N S A H T R A H SF-3-HD-NP MF-4-HD-NP CS-MU-CO-HD-NP MF-4-HD-NP T O S C N A L B CS-1-MU-CO-HD-NP CS-MU-CO-HD-NP CS-MU-V-CO-NP CS-MU-CO-H-NP CS-MU-CO-NP CS-MU-V-CO-NP CS-MU-CO-NP T H S S L A W CS-MU-CO-NP CS-MU-V-CO-NP CS-MU-V-CO-NP H22 C14-2021-0081 CS-MU-CO-NP LI-CO-NP W 5TH ST LI-PDA-NP PUD-NP T D S R A H C R O CS-MU-V-CO-NP T S S R E Y A S LI-CO-NP W 4TH ST CS-CO-NP ± 1'' = 150' LI-CO-NP ROSE ST R E S E P-NP R V E R D LI-CO-NP LI-NP 5th & Walsh St. Rezoning Exhibit B Copyright nearmap 2015 SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2021-0081 504-506 Walsh St. & 1200-1214 1/2 W. 5th 1.38 Acres H22 MARK GRAHAM 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. 18 of 23B-3 EXHIBIT C SITE DEVELOPMENT STANDARDS Section 1. Applicable Site Development Regulations If there is a conflict between this Ordinance and applicable City of Austin rules, regulations and ordinances, this Ordinance including the Exhibits shall control. All Limited Industrial (LI) uses are permitted uses of the Property, except as set forth in Subsection B of this Section. The following are additional permitted uses: B. The following uses are prohibited as principal uses of the Property: A. A. Section 2. Authorized Uses Multi-Family Residential Condominium Residential Liquor Sales Pet Services Agricultural Sales and Services Automotive Sales Automotive Repair Services Automotive Rentals Automotive Washing (of any type) Bail Bond Services Basic Industry Campground Construction Sales and Services Custom Manufacturing Drop-Off Recycling Collection Facility Exterminating Services General Warehousing and Distribution Section 3. Site Development Regulations A. Base District Regulations Indoor Crop Production Kennels Light Manufacturing Limited Warehousing and Distribution Maintenance and Service Facilities Pedicab Storage and Dispatch Scrap and Salvage Service Station Recycling Center Research Services Resource Extraction Vehicle Storage 1) 2) Development of the Property shall conform to the site development regulations authorized for the Limited Industrial Services (LI) district as set forth in the City Code, except as provided for in this Ordinance. Should the Property be developed with a residential use, the following development regulations shall apply: a) There are no minimum front yard, street side yard, interior side yard, or rear yard setbacks. {W1041214.4} 19 of 23B-3 b) The maximum height is 90 feet. c) The maximum impervious cover is 95%. d) The maximum building coverage is 95%. e) The maximum floor-to-area ratio is 6.5:1. f) There are no minimum site area requirements. b) The maximum height is 60 feet. c) The maximum impervious cover is 95%. d) The maximum building coverage is 95%. e) The maximum floor-to-area ratio is 4:1. 3) Should the Property be developed with a commercial project with no residential uses, the following development regulations shall apply: a) There are no minimum front yard, street side yard, interior side yard, or rear yard setbacks. 4) 5) 6) Calculations for impervious cover, building coverage, and floor-to-area ratios shall be based on the gross site area of the entire Property. Section 25-6-532 (Off-Street Loading Standards) and Section 25-6, Appendix A (Tables of Off-Street Parking and Loading Requirements) is modified to require a maximum of 1 loading space to be provided on-site for the Property. Transportation Criteria Manual (“TCM”) Section 9.3.0 #3 is modified to allow maneuvering within the alley located adjacent to the Property. {W1041214.4} 20 of 23B-3 EDUCATIONAL IMPACT STATEMENT Prepared for the City of Austin Exhibit D Austin Independent School District PROJECT NAME: 5th & Walsh Rezoning ADDRESS/LOCATION: 504-506 Walsh St. & 1200, 1202, 1204, 1210, 1214-1214 ½ W. 5th St. CASE #: C14-2021-0081 NEW SINGLE FAMILY NEW MULTIFAMILY DEMOLITION OF MULTIFAMILY TAX CREDIT # SF UNITS: STUDENTS PER UNIT ASSUMPTION Elementary School: Middle School: High School: # MF UNITS: 450 STUDENTS PER UNIT ASSUMPTION Elementary School: .009 Middle School: .003 High School: .004 IMPACT ON SCHOOLS The student yield factor of 0.016 (across all grade levels) for apartment homes was used to determine the number of projected students. This factor was provided by the district’s demographer and is based on other market rate multifamily complexes. The proposed 450-unit multifamily development is projected to add approximately 8 students across all grade levels to the projected student population. It is estimated that of the 8 students, 4 will be assigned to Mathews Elementary School, 2 to O. Henry Middle School, and 2 to Austin High School. The percent of permanent capacity by enrollment for School Year 2025/26, including the additional students projected with this development, would be within the optimal utilization target range of 85-110% at Mathews ES (97%) and Austin HS (101%), and below the target range at O. Henry MS (68%). The projected additional students at O. Henry would not offset the anticipated decline in student enrollment. All of these schools will be able to accommodate the projected additional student population from the proposed development. TRANSPORTATION IMPACT Students within the proposed development attending O. Henry MS will qualify for transportation. Students attending Mathews ES or Austin HS will not qualify for transportation unless a hazardous route condition is identified. SAFETY IMPACT There are not any identified safety impacts at this time. Date Prepared: 5/10/2021 Executive Director: [1] 21 of 23B-3 EDUCATIONAL IMPACT STATEMENT Prepared for the City of Austin Austin Independent School District DATA ANALYSIS WORKSHEET ELEMENTARY SCHOOL: Mathews ADDRESS: 906 West Lynn St. POPULATION (without mobility rate) ELEMENTARY SCHOOL STUDENTS 2020-21 Population Number 207 52% % of Permanent Capacity ENROLLMENT (with mobility rate) ELEMENTARY SCHOOL STUDENTS 2020-21 Enrollment Number % of Permanent Capacity 349 88% MIDDLE SCHOOL: O. Henry ADDRESS: 2610 West 10th St. POPULATION (without mobility rate) MIDDLE SCHOOL STUDENTS 2020-21 Population Number 939 99% % of Permanent Capacity ENROLLMENT (with mobility rate) MIDDLE SCHOOL STUDENTS 2020-21 Enrollment Number % of Permanent Capacity 925 98% PERMANENT CAPACITY: MOBILITY RATE: +68.6% 397 5- Year Projected Population (without proposed development) 5-Year Projected Population (with proposed development) 5- Year Projected Enrollment (without proposed development) 5-Year Projected Enrollment (with proposed development) PERMANENT CAPACITY: -1.5% MOBILITY RATE: 945 5- Year Projected Population (without proposed development) 5-Year Projected Population (with proposed development) 5- Year Projected Enrollment (without proposed development) 5-Year Projected Enrollment (with proposed development) 242 61% 384 97% 659 70% 638 68% 238 60% 380 96% 657 70% 636 67% [2] 22 of 23B-3 EDUCATIONAL IMPACT STATEMENT Prepared for the City of Austin Austin Independent School District HIGH SCHOOL: Austin ADDRESS: 1715 W. Cesar Chavez St. POPULATION (without mobility rate) HIGH SCHOOL STUDENTS 2020-21 Population Number 2,110 94% % of Permanent Capacity ENROLLMENT (with mobility rate) HIGH SCHOOL STUDENTS 2020-21 Enrollment Number % of Permanent Capacity 2,353 105% PERMANENT CAPACITY: MOBILITY RATE: +11.5% 2,247 5- Year Projected Population (without proposed development) 5-Year Projected Population (with proposed development) 5- Year Projected Enrollment (without proposed development) 5-Year Projected Enrollment (with proposed development) 2,039 91% 2,271 101% 2,037 91% 2,269 101% [3] 23 of 23B-3