B-16 (C14-2021-0138 - 1400 E. 4th Street; District 3).pdf

Planning Commission – Feb. 8, 2022

B-16 (C14-2021-0138 - 1400 E. 4th Street; District 3).pdf — original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 3 CASE: C14-2021-0138 1400 E 4th Street ZONING FROM: TOD-NP ADDRESS: 1400 East 4th Street SITE AREA: 0.9983 acres PROPERTY OWNER: Robert C. Beall and Beth A. Beall TO: TOD-NP, to change a condition of zoning AGENT: Armbrust & Brown PLLC (Richard Suttle) CASE MANAGER: Heather Chaffin (512-974-2122, heather.chaffin@austintexas.gov) STAFF RECOMMENDATION: Staff supports 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 85 feet. For a summary of the basis of staff’s recommendation, see case manager comments on page 2. PLANNING COMMISSION ACTION / RECOMMENDATION: February 8, 2022: January 11, 2022: To postpone to February 8, 2022 as requested by Planning Commission, approved on consent. CITY COUNCIL ACTION: TBD ORDINANCE NUMBER: 1 of 25C14-2021-0138 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 pay a fee-in-lieu to the Housing and Planning Department (HPD). The Density Bonus tool permits the property to increase the building height from 40 feet to 60 feet to meet the permitted FAR of 2:1. This is already administratively permitted by the TOD. Since the Applicant intends to develop the property with office land uses with ground floor restaurant uses and sub-grade parking. Since there are no onsite residential units, the Applicant will be required to pay the fee in lieu. The rezoning request is to allow the property to increase the building height from 60 feet to 85 feet and increase the FAR from 2:1 to 3.81. If granted, the applicant will be required to pay the fee-in-lieu to HPD for the total increase in FAR. (Please see Exhibit C- Applicant Letter). CASE MANAGER COMMENTS: The subject property is located on the north side of East 4th Street between Navasota Street and Onion Street. The rezoning tract is bounded by a vacated alley to the north. The property is zoned TOD-NP, as are the surrounding properties. The property is currently developed with office and warehouse uses. The property across the alley to the north are Capital Metro offices. Plaza Saltillo rail station is northeast across the intersection of the alley and Onion Street. Across Onion Street to the east are Indoor and Outdoor entertainment and Pedicab storage and dispatch service land uses. A mixed use multifamily/office building is also under construction on the block. Across East 4th Street to the south are multifamily and single family residential land uses. A vacant property on the block is under site plan review for a 6- story condominium building. Across Navasota to the west is a cocktail lounge and disused warehousing land uses, as well as Capital Metro properties related to the Plaza Saltillo rail station. Please see Exhibits A and B- Zoning Map and Aerial Exhibit. The property is located in the TOD Mixed Use (TOD-MU) district of the Plaza Saltillo TOD. The TOD-MU district includes properties along the Plaza Saltillo rail corridor from IH 35 to Chicon Street. Please see Exhibit D- Station Area Plan Exhibit. The subject property is limited to 40 feet in height as are most other properties in the area. As stated in the Issues Section, these properties are all administratively eligible to utilize the Density Bonus tool to achieve a 60-foot building height limit, but few have. One property on the block to the east utilized the bonus to reach 60 feet in height, and another property that is also proximate to the rail station was approved for a maximum 90-foot building height by City Council in August 2021. Please see Exhibit E- Maximum Building Heights Exhibit. 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; . . .” The proposed rezoning is consistent with other recently approved rezonings in the area, and will provide employment opportunities and a diversity of land uses in the area. 2 of 25C14-2021-0138 3 Staff has received correspondence in favor and in opposition to the rezoning request.. Please see Exhibit F- 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. Granting of the request should result in an equal treatment of similarly situated properties. 2. 3. TOD-NP zoning encourages increased density in close proximity to transit services and promotes a mix of land uses. The Plaza Saltillo TOD, as adopted by Council, reflects their goals and objectives. The requested height of 85 feet and 3.81 FAR is comparable to other properties in the vicinity that have utilized the Density Bonus tool in the area. EXISTING ZONING AND LAND USES: Site North South East ZONING TOD-NP TOD-NP TOD-NP TOD-NP West TOD-NP LAND USES Office, warehouse Capital Metro offices, Plaza Saltillo rail station/ Civic Multifamily residential, Single family residential, Undeveloped Indoor and Outdoor entertainment, Pedicab storage and dispatch, Mixed use multifamily and office (under construction) Cocktail lounge, Limited warehousing and distribution, Capital Metro rail facilities/Civic NEIGHBORHOOD PLANNING AREA: East Cesar Chavez NP CAPITOL VIEW CORRIDOR: No TIA: Deferred to time of site plan 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 SELTexas AISD Sierra Club Red Line Parkway Initiative Blackshear Prospect Hill Austin Neighborhood Council Tejano Town Eastside Memorial High School 3 of 25C14-2021-0138 4 Neighbors United for Progress Homeless Neighborhood Association Preservation Austin Guadalupe Neighborhood Development Corporation East Cesar Chavez Neighborhood Planning Team Guadalupe Association for an Improved Neighborhood (GAIN) El Concilio Coalition of Mexican American Neighborhood Associations AREA CASE HISTORIES: REQUEST NUMBER / NAME C14-2021-0132 1612 East 7th Street January 11, 2022: TBD COMMISSION TOD-NP to TOD- NP (change subdistrict CMU to MU) TOD-NP to TOD- NP (increase height 60’ to 85’) C14-2021-0061 Fair Market Rezoning 6/21/2021: To forward to Council without a rec. (7-1) CITY COUNCIL TBD 11/4/2021: To grant TOD- NP to change the base maximum height from 60' to 85' as on 1st/ 2nd Rdgs, on 3rd Rdg 8/28/2021: To grant TOD- NP as rec by PC (90’) 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’ C14-2021-0058 Centro East C14-2017-0105 4 East TOD-NP to TOD- NP (increase height 60’ to 90’) TOD-NP to TOD- CURE-NP 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 7/13/2021: To grant as requested 11/14/2017: No recommendation 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 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- C14-2016-0051 Plaza Saltillo Tract 6 TOD-NP to TOD-CURE-NP 3/2/2017: To grant as recommended by PC C14-2015-0054 901 East TOD-NP to September 10, 2015: CC approved TOD-CURE- CO- 4 of 25C14-2021-0138 5 901 and 917 E. 6th Street TOD-CURE-NP C14-2011-0091 Jaylee Limited (Arnold Oil) 1601& 1645 E. 6th Street TOD-NP to TOD-CURE-NP 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. 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. 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. Additional comments will be made when the site plan is submitted. Parks & Recreation PR1: Parkland dedication will be required for any new residential units or hotel keys proposed by this development, Saltillo Plaza TOD-NP zoning, at the time of subdivision or site plan, per City Code § 25-1-601. There are currently no parkland requirements for uses 5 of 25C14-2021-0138 6 other than residential and hotel. The application proposes office/restaurant uses, for which there would not be parkland dedication requirements at the time of site plan or subdivision. The development is subject to the Plaza Saltillo TOD Regulating Plan’s Public Parks and Trails requirements. If the applicant wishes to discuss public parks and trails requirements in advance of site plan or subdivision applications, please contact this reviewer: thomas.rowlinson@austintexas.gov . Transportation ASMP Assessment The Austin Strategic Mobility Plan (ASMP) calls for 60 feet of right-of-way for East 4th Street, Navasota Street, and Onion Street. It is recommended that 30 feet of right-of-way from the existing centerline should be dedicated for East 4th Street, Navasota Street, and Onion Street according to the Transportation with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. Transportation Assessment 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 triggered per LDC 25-6-113. There is a proposed Urban Trail adjacent to this site, along northern property boundary for the Lance Armstrong Bikeway. No easement is required as Urban Trail will be installed in the alleyway. 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 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. 6 of 25C14-2021-0138 7 INDEX OF EXHIBITS TO FOLLOW A: Zoning Map B. Aerial Exhibit C. Applicant Letter D. Station Area Plan E. Building Heights Exhibit F. 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SF-3-NCCD-NP CS-MU-NCCD-NP ! ! ! ! FRENCH SF-3-H-HD-NP SF-3-H-HD-NP ( TOD-NP ( UNDEV STATION ( ( REST. C 6 4 1 -2 9 9 P- S SERVICE TOD-NP STATION GAS TOD-NP T ( Y S H S U R B C 6 4 3 -0 1 0 P- ( S SP89-006CS TOD-NP TOD-H-HD-NP ( 82-49 ( C14-01-0148.004 C14-01-0148 SP91-0225C Y L P P U S R A B A DIN E M S R E N A E L C R E B R A B ( REST. ( TOD-NP ( R A B TOD-NP ( O T U A P O H S VENDING COMPANY SP-04-0995C ( TOD-NP ( ( A L IL T R O T ( SP-85-73 86-318 RC ( ( 00-2066 ( TOD-NP TOD-NP ( ( TOD-CURE-CO-NP C14-2015-0054 C SI U M WHSE TOD-NP TOD-NP S E U IQ T N A 00-2102 E 5TH ST T S S O C R A N M A S TOD-NP E C U D O R P O. C E S H W E R U NIT N R O U F L A ( S TOD-NP E S H W ( ( 2007-0031 ( TOD-NP ( ( (( ( ( ! ! ! ! WHSE ! ! TOD-CURE-NP 00 -2 1 02 E S H W P O H S T N RI P ( TOD-NP ! ! 6 6 2- 8 P SP-01-0203C T N A C ! ! A V ! ! ! ! TOD-NP ( ( ! ! ! ! ! ! ! ! ! ! ! ! ( ( ( ! ! ! 00-2102 ! ! ! ! ! ! ! ! ! ! ! C14-2016-0050 TOD-CURE-NP T S R E L L A W ( 7 0 0 0 - 1 0 TOD-NP H ( TOD-H-NP ( 99-0068 98-0074 Y R E C O R G R A B TOD-NP 00-2102 TOD-NP ( Y R O T C A F TOD-NP P O H S R A B D E S U G. D L B ( E FIC F O TOD-NP TOD-CURE-NP NPA-2008-0002.01 C14-2016-0049 TOD-CURE-NP C14H-2008-0037 TOD-CURE-NP C14-2016-0051 IRON PIPE SUPPLY TOD-NP E S H W TOD-H-NP TOD-H-NP TOD-NP R A B 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 00-2102 MF-3-NP SF-3-NP 00 -2 1 02 SF-3-NP ( ( CS-MU-CO-NP ( 86 -2 8 7 ( 00-2102 C14-00-2102 ! ! ! ! ! TOD-CURE-NP ! ! ! ! ! ! ! ! ! VACANT BLDG. TOD-NP SF-3-NP ( ( H C R U H C ( ( ( MF-3-NP SF-3-NP ( SIGN TOD-NP ( SF-3-NP ( SF-3-NP TOD-NP PIPE & SUPPLY TOD-NP ( SF-3-NP TOD-NP PIPE AND SUPPLY TOD-NP COMPANY ( ( SF-3-NP ( 79-182 VACANT SF-3-NP O. E C PIP TOD-NP ( ( ( ( ( SF-3-NP ( ( SF-3-NP ( ( ( ( ( ( ( SF-3-NP 00-2102 ( ( T. DIS C.C. T S R E L L A W ( S R A D\C E S U C14-2009-0036 CS-MU-CO-NP C A V 95-0086 T N A C A V T IF R H T E R O T S G KIN R A P SF-3-NP H C R U H C ( LAW\OFC C14-2010-0081 ( ( A DIN E M SPC-02-0041C C14-02-0077 D E S U P-NP ( SF-3-NP ( C ( 1 3 2 -0 9 8 P S ( ( ( ( G KIN R A P P-NP T G IF KIN R H R T A P ( ( SF-3-NP ( ( ( SF-3-NP ( ( SPENCE ST ( SF-3-NP 00-2102 SF-3-NP SF-3-NP SF-3-H-NP C14H-2017-0129 CS-MU-V-CO-NP CS-MU-CO-NP SF-3-NP S E L A S E\ TIR L A T N E D C. F F O CS-MU-CO-NP T A S T O S A V A N CS-MU-CO-NP ( SF-3-NP ( ( CS-MU-H-CO-NP C14H-02-0005 CS-MU-CO-NP ( LO-CO SP-99-2147C CS-MU-CO-NP SF-3-NP WILLOW ST CS-MU-CO-NP C14H-2016-0112 CS-MU-CO-H-NP CS-MU-CO-NP SF-3-NP 00-2102 CANTERBURY ST T A S T O S A V A N SF-3-NP 00-2102 SF-3-NP 00-2102 SF-3-NP 00-2102 SF-3-H-NP SF-3-NP GARDEN ST SF-3-NP ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY TOD-NP 81-157 C14H-07-0001 TOD-H-NP TOD-NP ( NPA-2008-0009.01 SF-3-HD-NP SF-3-H-HD-NP C14H-2014-0009 A L IL T R O T 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 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 ( 01-0148 TOD-NP P. R O C ( ( TOD-NP ( R A B P O H \S Y D O B 5-5 8 P S TOD-NP Y R E C. L L F A F G O WHSE C14-2008-0029 TOD-NP G KIN R A P ( ( ( ( MF-4-NP ( ( ( E 10TH ST EXHIBIT A MF-4-NP ( ( SH 165 ( ( MF-4-NP ( ( ( 01-0148 GO-CO-NP ( ( ( ( ( 01-0148 ( GO-CO-NP ( ( ( ( ( T O S H C N O C ( 01-0148 ( ( ( GO-CO-NP E 8TH ST E 9TH ST 01-0148 GO-CO-NP 01-0148 GO-CO-NP G KIN R A P ( ( ( 8 4 1 -0 1 0 84-469B TOD-NP 0 ( 6 2 ( -2 0 0 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ESTATE ( E 7TH ST ( ( ( 5 9 -1 4 8 0 6 -1 1 8 84-185 TOD-NP SPC-06-0011C T. S E R R A B SP91-0087C 01-0148 ( GO-CO-NP ( 6 1-0 9 H 5 1-0 9 H H C R U H C ( TOD-NP ( 87-001RC ( C14-2009-0041 TOD-NP SP86-091 R A B O T U A G KIN R A P G IN L C Y C E R E 6TH ST SP86-02 AUTO SPC97-0441C GARAGE G N I E W IN E H S C A M AIL T E R FAST E V S A R E M L A H C G KIN R A P REST. 96-0157 96-0157 ( TOD-NP ( BAR 01-0148 TOD-NP ( ( ( P A R K I N G ( OFFC. OFFICE TOD-NP 55-040 73-166 00-2102 RECYCLING PLANT TOD-NP 01-0148 TOD-NP TOD-NP VAC BLDG. ! ! ! ! TOD-H-NP C14H-2018-0151 C A V G. D L B BAR ( T. ( S E R TOD-NP 8 4 1 1-0 0 TOD-NP ( ( ( BAR GAS STA. T N S NIO O R A B 8 4 1 -0 1 0 R A B ! ! ! ! PARKING ! ! ! ! MEAT CO. ! ! ! ! ! ! TOD-NP REST. REST. ! ! Y R ! ! E K A B ! ! ! ! TOD-NP ! ! E S H W !! !! ! ! R A B ! ! ! ! ! ! 97-0056 TOD-NP SP97-0366C AIL T E R ( . C F O TOD-NP TOD-NP MFTG. CO. ! ! ! ! ! ! ! ! T N A C A V ! ! !! ! G. N K P T C A V N S NIO O ( TOD-NP E G A R O T S 0 9 -2 4 8 G. D L B LINEN SERVICE 00 -2 1 02 TOD-NP 00 -2 1 02 T L S A M O C ! ! TOD-CURE-NP C14-2011-0091 00-2102 ! ! V A C ! ! ! VAC ! TOD-CURE-NP C14-2017-0105 ( ( VAC ( ! ! ! ! ! T SP-04-1051C.SH O S ! H C !! N O C DIST. WHSE CHALMERS COURTS 00 -2 1 02 ( COMAL P-NP PARK SF-3-NP ( ( ( 00 -2 1 02 NPA-2018-0002.01.SH C14-2018-0051.SH TOD-NP (AUS TIN H OUS ING AU TH ORITY) E 4TH ST 00 -2 1 02 75-113 69-116 P A R K I N G ( SF-3-NP ( ( ( ( 00 -2 1 02 ( LR-NP ( ( 00 -2 1 02 ( ( ( ( ( 00 -2 1 02 ( S ( E L A S O T U A C14-2009-0036 CS-MU-V-CO-NP VACANT CHURCH C 3 8 3 -0 3 9 P S CS-MU-CO-NP SP-99-2199C CS-MU-V-CO-NP ( C14-2009-0036 ( H77-044 CS-H-MU-CO-NP 02-0037 ( C14-2011-0039 CS-MU-CO-NP SP-98 ( -0087C ( SP- 05 -1 3 24 C ( ( ( CP80-005 P-NP COMMUNITY 78-196 CLINIC 00 -2 1 02 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 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 CHALMERS COURT NPA-2018-0002.01.SH TOD-NP C14-2018-0050.SH (AUSTIN HOUSING AUTHORITY) 00 -2 1 02 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. SF-3-NP ( T ( A S IN L A S CS-MU-CO-NP AUTO SERVICES ( SF-3-H-NP ( ( C14H-2019-0112 SF-3-NP CS-MU-CO-NP SF-3-NP CS-MU-CO-NP CS-NP E S W H UNDEV E 2ND ST U N D E V GAS AUTO REPAIR ( F O O D ( ( ( CS-MU-CO-NP L A R E N U F E FIC F O E M O H ( SF-3-NP 00 -2 1 02 ( ( H. EIG N R E T N E C IN E- C. RIV O D R G CS-1-MU-CO-NP ( CS-MU-CO-NP ( ( E CESAR CHAVEZ ST 00 -2 1 02 V. T. AIR P E R ( A 9 3 0 0 2- -0 C P S ( ( ( ( ( E R O T S ( CS-MU-CO-NP CS-1-MU-CO-NP ( ( CS-H-MU-CO-NP CS-MU-CO-NP SF-3-NP ( P-NP T N S O HIC ( C C14-01-0166 ( NP-01-0010 SF-3-NP ( ( P88-084 ( CS-CO-MU-NP ( CS-1-CO-MU-NP ( 00 -2 1 02 ( ( ( ( ! ! ( ( ! ! ( ( SF-3-NP ! ( ( ( WILLOW ST ( ( ( ( ! ! ZONING SF-3-NP SF-3-NP SF-3-NP ( ! ( ( ( ( SF-3-NP ( ( ( ZONING CASE#: C14-2021-0138 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: 8/26/2021 8 of 25EXHIBIT B C14-2021-0138TOD-H-NPSF-3-NPTOD-NPP-NPTOD-NPTOD-NPTOD-NPSF-3-NPSF-3-NPCS-MU-CO-NPSF-3-NPTOD-NPTOD-NPTOD-CURE-NPTOD-NPMF-3-NPTOD-NPTOD-CURE-NPTOD-NPTOD-NPTOD-NPCOMAL STATTAYAC STE 5TH STE 3RD STONION STE 4TH STNAVASOTA STJ22K21K22J21This map has been produced by the Communications Technology Management Dept. on behalf of thePlanning Development Review Dept. for the sole purpose of geographic reference. No warranty is madeby the City of Austin regarding specific accuracy or completeness.ZONING CASE#:LOCATION:SUBJECT AREA:GRID:MANAGER:C14-2021-01381400 E 4TH STREET0.9983 AcresK21 & K22Heather Chaffin1'' = 100'FULLY DEVELOPED FLOODPLAIN1400 E 4TH STREETZONING BOUNDARYC14-2021-0138Creek Buffers9 of 25EXHIBIT C 10 of 2511 of 2512 of 2513 of 2514 of 25Figure 2-1: Plaza Saltillo Station Area Plan TOD Subdistricts PLAZA SALTILLO TOD LAND USE AND DESIGN CONCEPT PLAN Figure 2-2: Plaza Saltillo TOD DISTRICT LAND USE TABLE P = Permitted Use C = Conditional Use -- = Prohibited EXHIBIT D Article 2: Land Use and Building Density Section 2.3. Transit-Oriented Development Subdistricts Subsection 2.3.9. Land Use Summary Table STATION AREA PLAN B D N R V 5 S H 3 I N . T S S O C R A M N A S T. S R E L L A W VELAQUEZ PLAZA K E A L - I N G P A R K R O S E W O O D A V E . E 11TH ST. T. S A I D Y L T. A S TEXAS T O S A V A N STATECEMETARY T. O S H C N O C T. N S NIO O T 1 / 4 m i r l e E. V S A R E M L A H C HUSTON TILLOTSON COLLEGE E 7TH ST. E 6TH ST. E 5TH ST. CMTA URBAN COMMUTER RAIL E 4TH ST. n d u s a r o u a d i E 3RD ST. PAN AM REC. CENTER T. N S O HIC C E 2ND ST. E CESAR CHAVEZ ST. d 0 200 400 r o u n POTENTIAL OPEN SPACE POTENTIAL PASEOS N 800 FEET T. R S E L L A W T. C S A Y A T T A T. A S T O S A V A N COMAL PARK T. L S A M O C T. Y S H S U R B T. S S O C R A N M A S T. A S DIN E M SANCHEZ ELEMENTARY LEGEND LOW DENSITY RESIDENTIAL TOD MIXED USE (showing active edges) CORRIDOR MIXED USE TOD Urban Mixed Use LIVE/WORK FLEX EXISTING CITY PARKLAND SALTILLO DISTRICT REDEVELOPMENT AREA (Capitalmetro) PLAZA SALTILLO EXISTING STREETS 1/2 m i l e r a d i u s a POTENTIAL STREETS TOD DISTRICT BOUNDARY T METRORAIL STATION POTENTIAL FUTURE RE-ALIGNMENT OF RAIL LINE T R A N S I T O R I E N T E D D E V E L O P M E N T S TAT I O N A R E A P L A N N I N G 20 ADDITIONAL REQUIREMENTS l a i t n e d i s e R y t i s n e D w o L P P P P P -- P P P P P P P R D w o L -- -- -- -- r e f e r ( e s U d e x i M r o d i r r o C ) 6 . 3 . 2 n o i t c e s b u S o t x e l F k r o W / e v i L e s U d e x i M D O T P P P -- P -- P -- -- -- -- P -- P P P -- P -- P P P -- -- -- -- x e l F W / L P -- P P U M D O T P -- P P P P P -- P -- P P P -- -- -- -- P -- P P r e f e r ( e s U d e x i M r o d i r r o C ) 6 . 3 . 2 n o i t c e s b u S o t e s U d e x i M n a b r U D O T P P P -- P -- P P P -- -- -- -- e s U d e x i M n a b r U D O T P -- P P RESIDENTIAL USES Bed & Breakfast (Group 1) Bed & Breakfast (Group 2) Condomunium Residential Duplex Residential Group Residential Mobile Home Residential Multifamily Residential Retirement Housing (Small Site) Retirement Housing (Large Site) Single-Family Attached Residential Single-Family Residential Townhouse Residential Two-Family Residential COMMERCIAL USES Administrative and Business Offices Agricultural Sales and Services Art Gallery Art Workshop ADDITIONAL REQUIREMENTS Automotive Rentals -- -- P P P All fleet cars, in addition to required parking, must meet all applicable design requirements in this Document. A maximum of 10 fleet cars is allowed in the TOD Mixed Use Subdistrict and a maximum of 20 fleet cars is allowed in the Corridor Mixed Use Subdistrict. City of AustinPlaza Saltillo TOD Regulating Plan¯entBaseDistrictZoning0400800200Feet15 of 25PLAZA SALTILLO TOD --. h€?a* ^.t-pE "?- i .f -l8rs+ -'-.o ? t r4l F 'ot"fi,{aFs} -t ---r-'a- ";)*i,' : :tto o 6{ "gb. ui Y o& F etrs, o€ h F u,{ 2 >4. :t I a FIt D It { la AYo :Y ?Y E tot| sl o -L Y MAXIMUM BUILDING HEIGHTS ..\\\\\\s --- EXHIBIT E Gafo;f\ a4 aa r:Yv t=ta RoSE$ooD E "d:I E 97H *--"s ?I 8€ oo 61 ttHst to\t st S' I etil sr .& s "-" I ,n /9It taig It!e o! v 3 ! r G'q 2ut t b I o S{,o Sgrlysr ,\ a4 ,nQ q( es G olrtr L t4 Ac vt" df ,4\ e.u oY \ \ \ \\ tt tta"ot""a", aqo 5Y e* c4rVr8ie{/ef st O,q{O6t .tt ( 114 F r$\e cfs4e s** cff4|e:sr c4&rfnautP st LEGEND '. .: ;,. ... 35 FEET 40 FEET 60 FEET 85 FEET 90 FEET PLAZA SALTILLO TOD DISTRICT BOUNDARY METRORAIL STATION tt-t-llt ft aa 0 200 400 fF N jr1 800 16 of 25EXHIBIT F From: Kristen Heaney Sent: Friday, September 24, 2021 1:56 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov>; Chaffin, Heather <Heather.Chaffin@austintexas.gov>; walters.mark@austintexas.gov Cc: Kristen Hotopp; Susan Benz AIA < >; Eric Ryan Pace < > Subject: 1400 E 4th Street - Let's talk about "compelling reasons" *** External Email - Exercise Caution *** Hello Mark, Maureen, and Heather, RE: Plan Amendment Case #: NPA-2021-0002.1 Zoning Case #: C14-2021-0138 Property Address: 1400 E 4th Street At last nights Virtual Community Meeting, the question was asked, “What is the burden to the developer that would justify an additional 25’ in height?” The response from Mr. Walters was, “This is not a variance as you would go to the board of adjustment to ask for where you’d have to prove a hardship or burden. This is simply a zoning case. I think the burden here is they want to go taller.” And Amanda Morrow, the applicant representative said, “We’re just asking to change that by-right height and pay for the additional FAR through the density bonus program.” We appreciate the responses and it’s important to point out that the neighborhood understands that this is not a variance, that wanting to go taller is not a burden, and that paying for FAR is a privilege reserved for projects that provide affordable housing in our neighborhood. The original question points to some specific to the language in the Saltillo TOD Regulating plan and the Density Bonus and whether or not the project even qualifies to receive a density bonus regardless of whether the base building height of that bonus is 60’ or raised to 85’. Mrs. Morrow has said that the property is eligible for 60’ by right but that is not true. The property has 40’ by right. (Subsection 4.2.10, Figure 4-1) Per Subsection 4.3.3 of the Saltillo TOD Regulating Plan, qualifying projects have the option to participate in the Density and Height Bonus program by meeting certain affordability housing standards. Meeting those standards typically grants a property a base building height of 60’. We understand that in this case if the project meets the affordable housing requirements it could be granted a density and height bonus up to 85'. Furthermore, Subsection 4.3.3.D clearly states, "In order for a property owner/developer to pay a fee in- lieu of meeting the requirements in Subsection C above, he/she must demonstrate a compelling reason to not provide housing on-site, and subject to the approval of the City Council, may pay into the Housing Assistance Fund a fee-in-lieu payment." 17 of 25 Subsection 4.3.3.D is where the question of burden lies. Where is the compelling reason not to provide housing on-site? Regardless of whether the base building height is 60’ or 85’ tall? Changing the base building height does not change the properties obligation to meet the requirements to provide affordable housing in order to qualify for the Density and Height Bonus in the first place. Can you help us answer these questions? Does the Plan Amendment Case change the requirement for meeting affordability requirements in order to qualify for the bonus? Does the Zoning Case change the requirement for meeting affordability requirements in order to qualify for the bonus? Is “because we’re building an office” a compelling reason not to provide housing on-site? Or where are “compelling reasons” defined in the code? The neighborhood believes that a compelling reason is one that convinces you that something is true or that something should be done. District 3 has a goal to build or preserve 6,295 affordable units by 2027. We estimate that the district is currently more than 3,000 units short of meeting that affordability goal by 2027. To meet that goal, we need to be producing 500 affordable units per year. That’s compelling! And honoring the intention of our TODs are the vehicle to help us get there. Before we answer the question of "how high?” we most answer the question of how projects that don’t include housing even qualify for the Density and Height Bonus at all. Your timely response to our questions is very much appreciated and we’re always happy to discuss these things in greater detail by phone or zoom. Thank you kindly, Kristen Heaney Chair, ECC-NPCT 18 of 25 -----Original Message----- From: Susan Griswold < > Sent: Sunday, November 28, 2021 4:25 PM To: Connor Greissing < > Subject: 4th St. Hello Conner, I've lived on E. 4th St. for more than 10 years. RC asked me to tell you my opinion about the 65' vs. 85' building at the TCT location. As long as the heritage pecan tree is kept alive (no serious root damage) and the plan to have extensive green space and walkways on the ground level for public use come to fruition, I'm good with 85 feet. I'd much rather see sprawl upward, rather than horizontally, where the green space is eaten up. Thanks, Susan Griswold 1305 E. 4th St. Austin, 78702 19 of 25Distribution Hall 1500 E 4th Street Austin, TX 78702 To whom it may concern, With the understanding that the property at 1400 East 4th Street is submitted for a new development proposal that is seeking a variance on its height, I wanted to take an opportunity to voice my support for this variance as well as provide some insight to changes we would like to see implemented in the surrounding infrastructure concerning this development. While we will dearly miss our neighbors, Texas Coffee Traders, we are encouraged by the unique approach of this new development. From what I understand, the new development will pull back from its property lines to create green space and opportunity for pedestrian and bicycle interactivity with the structure. As the city continues to grow, as does ridership of the trains and the use of alternative means of transportation. Creating as much density as possible on a site close to the train station seems critical to us, and if it’s possible to do this by going vertical AND creating green space around the new development, this seems like a win-win for the neighborhood, the small businesses who will occupy the ground floor, and the commuters who frequent through the area on a daily basis. As a neighboring small business, we are encouraged by the active ground floor proposed by the new development, rather than a podium parking garage or inactive office lobby, like the developments that surround us, that make the street more quiet and less pedestrian oriented. We believe the ground floor approach to this new development will be an asset to the neighborhood, local business, and us as a neighboring property by making the area more active and safe. The fact that this new development appears to incorporate the bike trail along its north side is incredibly encouraging. What we would also like to see come out of this new development are some general infrastructure improvements to the area. Plaza Saltillo is in desperate need of a caretaker. The fact that the train station is never activated is highly frustrating. As the area continues to develop, 4th street continues to be a thoroughfare, but people also speed like crazy down the road. Some speed bumps or additional stop signs, crosswalks, etc will be crucial to keeping the area safe for pedestrians and bikers. Perhaps most importantly, there MUST be some resolve for the new bike path that was just finished. It currently dead ends on Onion heading into a one lane one way alley where we witness near head on accidents on a daily basis. Why the city thought this was an OK way to manage a bike path is insane. If the new development could help resolve this very serious safety issue, it would be in everyone's best interest. Thank you for your consideration of our Ideas. Please reach out if you have any further questions. 20 of 25Distribution Hall 1500 E 4th Street Austin, TX 78702 Best, Austin Nelsen Owner/Operator Distribution Hall 512.522.6804 21 of 25November 10th, 2021 Re: 1400 East 4th Street; NPA-2021-0002.01 To whom it may concern, The property at 1400 East 4th Street is immediately adjacent to the Red Line. Since there is a new development proposal under discussion, we are taking this opportunity to provide input. While we are not taking a position to oppose or support this development or the height request, we would like to describe some of the potential beneﬁts that the development would provide to the Red Line Parkway, followed by some background and context of the Red Line Parkway in this area. Beneﬁts of the development to the Red Line Parkway We appreciate the developer’s intention to design the property in such a way that it complements the trail, providing a local example that is reminiscent of the Atlanta Beltline or Minneapolis Midtown Greenway. The development, as presented to the community at the September 23rd, 2021 community meeting organized by City of Austin staﬀ, would provide these beneﬁts: ● The additional green space at ground level, the same level as the trail, would complement the trail and would eﬀectively extend the public space. ● The ground level design at the northwest corner of the proposal would facilitate the inclusion of a restaurant. A restaurant along the trail would be a highly desirable complement to the trail, providing an active use that engages the trail. ● Windows facing the trail would provide “eyes on the trail”, both improving safety and helping to create the perception of that safety. ● The ground level paseo would provide additional access to the trail. Notably, it would provide direct trail access that is not associated with a car-oriented street. ● The illustrations suggest that the property will continue to provide some level of greenery along the trail, including the heritage tree near the northwest corner of the property. ● The general proposal suggests some ﬂexibility to add a few additional feet of width to the pedestrian walkway (currently along the south edge of the Parkway). 22 of 25As with many developments along the Red Line corridor, we also look for opportunities for each development to further enhance the Red Line Parkway. This could include providing funding toward Red Line Parkway planning, design, or construction in the area. Background The Red Line Parkway is a proposed linear park and public space along the planned Red Line Trail, extending 32+ miles from Downtown Austin to Leander. Our vision is a thriving, inclusive, multi-functional parkway that provides convenient, enjoyable, car-free access to transit, parks, public art, and other urban, suburban, and rural destinations. The Red Line Parkway Initiative (RLPI) is a 501(c)(3) nonproﬁt organization founded in 2017 that empowers diverse communities to enjoy, develop, and enhance the Red Line Trail and Parkway corridor to serve Central Texas mobility, recreation, parks, arts, aﬀordability, social equity, physical & mental health, public space, and economic needs. The Red Line Parkway is a planned trail in the 2014 Austin Urban Trails Plan, in the 2004 Capital Metro All Systems Go Plan, and in the trails plans of Cedar Park, Leander, Williamson County, and CAMPO. In the vicinity of this property, the Red Line Parkway is commonly referred to as the Lance Armstrong Bikeway or Crosstown Bikeway. Urban trails, bikeways, and walkways help people meet their everyday needs without using a car, especially when those accommodations are high-quality and well-connected, and when provided in combination with local bus service and rail transit, such as the nearby MetroRail Red Line. The East Cesar Chavez Neighborhood Plan, adopted May 13th, 1999, includes the Transportation and Traﬃc Goal 3, “Make better use of Fourth-Fih Street rail corridor”, including Objective 1, “Provide a pedestrian and bicycle pathway in a green corridor along 4th-5th Street.” Action 59 states, “Designate at least a 30-foot green corridor along the 4th-5th Street rail corridor for planting vegetation which would serve as a bicycle and walking trail system connecting the neighborhood with downtown (except where there are existing houses or businesses.” Other actions are provided in the plan, and a vision illustration is provided as Figure 18 on page 40 of the plan (page 49 of 134 in the PDF): 23 of 25RLPI was recently successful in meeting one of the plan’s actions by ensuring a car-free crossing for the Red Line Parkway at I-35, as part of TxDOT’s proposed I-35 Capital Express Central project. In the East Cesar Chavez Neighborhood area, RLPI envisions ﬁlling the trail gap between Onion St. and Concho St., extending the trail east of Chicon St. eventually to Boggy Creek Trail, and enhancing existing trail sections and roadway crossings. Over the coming months, we anticipate beginning the process to develop the Red Line Parkway Plan, and will engage the broader community on their vision for the Red Line Parkway and determine an end-to-end alignment for the 32+ mile trail, including addressing the above items for this area. Thank you for your consideration of our input regarding this property. Please feel free to contact me if you have any questions. Tom Wald Executive Director tom@redlineparkway.org 512-203-7626 24 of 2525 of 25