14 C14-2023-0123 - 1900 Burton Drive; District 3.pdf — original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 3 CASE: C14-2023-0123 – 1900 Burton Drive ADDRESS: 1900 Burton Drive ZONING FROM: MF-4-CO SITE AREA: 4.76 acres PROPERTY OWNER: Flats on Burton, LLC AGENT: Metcalfe Wolff Stuart and Williams, LLP (Michele Rogerson Lynch) TO: GR-V-CO CASE MANAGER: Nancy Estrada (512-974-7617, nancy.estrada@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant community commercial – vertical mixed use building – conditional overlay (GR-V-CO) combining district zoning. The Conditional Overlay prohibits the following uses: Alternative Financial Services; Automotive Rentals; Automotive Repair Services; Automotive Sales; Automotive Washing (of any type); Bail Bond Services; Commercial Off-Street Parking; Drop Off Recycling Collection Facility; Exterminating Services; Funeral Services; Hotel/Motel; Off-Site Accessory Parking; Outdoor Entertainment; Outdoor Sports and Recreation; Pawn Shop Services; Pedicab Storage and Dispatch; and Service Station. For a summary of the basis of Staff’s recommendation, please see pages 2 - 3. PLANNING COMMISSION ACTION / RECOMMENDATION: January 23, 2023: CITY COUNCIL ACTION: ORDINANCE NUMBER: C14-2023-0123 Page 2 ISSUES: The developer will comply with the Tenant Notification and Relocation Assistance requirements in the City of Austin Land Development Code. [LDC 25-1-712]. In addition, the following list of Tenant Protection items will be provided: • No leases to be broken • Moving allowance • Right to return - first chance at new units • 180-day notice of demolition • On-site services to help tenants find new housing or other qualified programs • Ability to break lease without repercussion once demo permit is filed • Full refund of security deposit once demo permit is filed • Last 3 months of rent waived for tenants still in units A Restrictive Covenant (C14-2015-0091RC) was executed during the previous rezoning case for 1900 Burton Drive and 1901 Mariposa Drive in which both tracts were rezoned to (MF-4-CO). Please refer to Attachment A. CASE MANAGER COMMENTS: The subject property is approximately 4.76 acres and is located on Burton Drive, between Valley Hill Circle and Mariposa Drive. The area is just north of East Oltorf Street and south of Woodland Avenue. This property is within the East Riverside/Oltorf Combined (Riverside) Neighborhood Planning Area and is currently developed with 134 multifamily residences that were originally constructed in 1972. It is zoned multifamily residence moderate-high density – conditional overlay (MF-4-CO) combining district zoning. The rezoning area is surrounded by multifamily residences. To the east and south are apartments and condominiums (MF-2; MF-3), as well as to the west (MF-2; MF-3-CO-NP). Single-family residences and duplexes are directly to the north across Valley Hill Circle (SF-3; SF-3-NP). The property located at 1901 Mariposa Drive is adjacent to the southwest portion of the site and has been developed with multifamily residences (MF-4-CO). Both the Heritage Oaks Neighborhood Park and the Country Club Creek Neighborhood Park are within one mile of the property. Please refer to Exhibits A (Zoning Map) and A-1 (Aerial View). The Applicant is requesting to rezone the property to community commercial – vertical mixed use building – conditional overlay (GR-V-CO) combining district zoning and is proposing to develop up to 385 multifamily units and 9,000 square feet of office and retail use. The intent of the vertical mixed use building (-V) combining district zoning would be to provide a development with affordable housing per the City of Austin requirements. A building constructed under vertical mixed use building (–V) standards is required to contain a mix of residential and commercial uses, and the result is typically retail and offices on the C14-2023-0123 Page 3 ground floor, and residential units on the upper levels. Access is proposed from both Burton Drive and Valley Hill Circle. Public transportation is located adjacent to the property on Burton Drive where there are numerous Capital Metro bus stops. Staff is recommending (GR-V-CO) with a Conditional Overlay that consists of the prohibited uses listed above. The Applicant is in agreement with the staff recommendation. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The proposed community commercial (GR) district is intended for office and commercial uses serving neighborhood and community needs, including both unified shopping centers and individually developed commercial sites, and typically requiring locations accessible from major trafficways. The vertical mixed use building (V) combining district may be applied in combination with any commercial base zoning district and allows for a combination of office, retail, commercial and residential uses within a vertical mixed use building. The Conditional Overlay (CO) combining district may be applied in combination with any base district. The district is intended to provide flexible and adaptable use or site development regulations by requiring standards tailored to individual properties. 2. The proposed zoning should be consistent with the goals and objectives of the City Council. Staff is recommending (GR-V-CO) zoning for the subject property based on the following considerations: 1) community commercial – vertical mixed use building (GR-V) is appropriate due to its location on Burton Drive and its close proximity to East Oltorf Street and East Riverside Drive, 2) Burton Drive is designated as part of the ASMP Transit Priority Network, 3) potential commercial uses would be available to serve residents of the proposed future development and the surrounding area, 4) transit options such as Capital Metro bus stops are located all along Burton Drive, East Oltorf Street and East Riverside Drive, and 5) there are surrounding multifamily residences located all around the subject property. 3. Zoning should promote clearly identified community goals, such as creating employment opportunities or providing for affordable housing. The proposed development will help meet the City of Austin’s affordable housing needs and increase the number of housing choices for the City and the neighborhood. C14-2023-0123 Page 4 EXISTING ZONING AND LAND USES: ZONING MF-4-CO SF-3; SF-3-NP Site North South MF-3; CS-1 East MF-2; MF-3 West MF-2; MF-3-CO-NP; MF-4-CO LAND USES Multifamily residences (134 units) Single-family residences; Duplexes Multifamily; Apartments Multifamily; Apartments; Condominiums Multifamily; Condominiums Lively Middle School SCENIC ROADWAY: No NEIGHBORHOOD PLANNING AREA: East Riverside/Oltorf Combined (Riverside) WATERSHED: Lady Bird Lake – Urban CAPITOL VIEW CORRIDOR: No SCHOOLS: Austin Independent School District Sanchez Elementary School COMMUNITY REGISTRY LIST: Austin Independent School District, Austin Lost and Found Pets, Austin Neighborhoods Council, Crossing Gardenhome Owners Assn. (The), Friends of Riverside ATX Neighborhood Assn., Neighborhood Empowerment Foundation, Southeast Austin Neighborhood Alliance, Sierra Club Austin Regional Group, East Riverside/Oltorf Neighborhood Plan Contact Team AREA CASE HISTORIES: Friends of Austin Neighborhoods, Homeless Neighborhood Association, Pleasant Valley, Preservation Austin, SELTexas, Del Valle Community Coalition, Travis High School NUMBER REQUEST CITY COUNCIL C14-2015-0091 – 1900 Burton Drive & 1901 Mariposa Drive MF-2; MF-3 to MF-4-CO PLANNING COMMISSION To Grant MF-4-CO. CO included a 35-foot vegetative buffer, 2000 trip limit, restricted vehicular access, lighting compliance with Commercial Design Standards and sidewalk connections. Approved (12-17-2015) MF-4-CO; CO included a 2000 trip limit and 35-foot vegetative buffer. Approved (5-6-2021) MF-3-CO-NP Approved (9-30-2021) MF-6-CO-NP with a CO for a 25-foot vegetive buffer along the eastern property boundary. Approved (11-16-2006) Neighborhood Plan combining district added to base zoning districts on approx. 729.96 acres of land (Riverside). C14-2023-0123 Page 5 C14-2021-0008.SH – 2105 Parker Lane C14-2020-0075 – Woodland on IH35 SF-3-NP to MF-4-NP GR-NP to MF-6-CO-NP To Grant MF-4-NP. To forward to City Council without a recommendation. C14-05-0112 – East Riverside/Oltorf Combined (Riverside) Neighborhood Plan Area Rezonings Zoning change proposes to add a -NP Combining District. RELATED CASES: C14-2015-0091: 1900 Burton Drive and 1901 Mariposa Drive were previously rezoned to (MF-4-CO) ADDITIONAL STAFF COMMENTS: Comprehensive Planning Project Name and Proposed Use: 1900 BURTON DR. 4.76 acres from MF-4-CO to GR-V-CO. Request to rezone the Property to Community Commercial-Vertical Mixed-Use Building-Conditional Overlay (GR-V-CO) to allow for a mixed use project including multifamily and commercial uses. Existing Use: two story multifamily apartments. Demolish 134 multifamily units and construct 385 multifamily units, 4,500 sq ft office and 4,500 sq ft retail. Proposing to use the CO to prohibit the following GR uses that are more intense: Alternative Financial Services; Automobile Rentals, Automotive Repair; Automotive Sales; Automotive Washing (any type); Bail Bond Services; Funeral Services; Pawn Shop Services; Pedicab Storage and Dispatch; Service Station. Yes Complete Community Measures * Y Imagine Austin Decision Guidelines Imagine Austin Growth Concept Map *: Located within or adjacent to an Imagine Austin Activity Center, Imagine Austin Activity Corridor, or Imagine Austin Job Center as identified the Growth Concept Map. Names of Activity Centers/Activity Corridors/Job Centers: 0.14 miles from the Riverside Stations Town Center Y Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or light rail station. Y Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane. Y Connectivity, Good and Services, Employment *: Provides or is located within 0.50 miles to goods and services, and/or employment center. Connectivity and Food Access *: Provides or is located within 0.50 miles of a grocery store/farmers market. Connectivity and Education *: Located within 0.50 miles from a public school or university. Y C14-2023-0123 Page 6 Connectivity and Healthy Living *: Provides or is located within 0.50 miles from a recreation area, park or walking trail. Connectivity and Health *: Provides or is located within 0.50 miles of health facility (ex: hospital, urgent care, doctor’s office, drugstore clinic, and/or specialized outpatient care.) Housing Choice *: Expands the number of units and housing choice that suits a variety of household sizes, incomes, and lifestyle needs of a diverse population (ex: apartments, triplex, granny flat, live/work units, cottage homes, and townhomes) in support of Imagine Austin and the Strategic Housing Blueprint. Housing Affordability *: Provides a minimum of 10% of units for workforce housing (80% MFI or less) and/or fee in lieu for affordable housing. Y Mixed use *: Provides a mix of residential and non-industrial uses. Culture and Creative Economy *: Provides or is located within 0.50 miles of a cultural resource (ex: library, theater, museum, cultural center). Culture and Historic Preservation: Preserves or enhances a historically and/or culturally significant site. Creative Economy: Expands Austin’s creative economy (ex: live music venue, art studio, film, digital, theater.) Workforce Development, the Economy and Education: Expands the economic base by creating permanent jobs, especially in industries that are currently not represented in a particular area or that promotes a new technology, and/or promotes educational opportunities and workforce development training. Industrial Land: Preserves or enhances industrial land. Not located over Edwards Aquifer Contributing Zone or Edwards Aquifer Recharge Zone Total Number of “Yes’s” Y Y Y 9 Site Plan A site plan will be required for any new development other than single-family or duplex residential. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. Any development which occurs in an SF-6 or less restrictive zoning district which is located 540 ft. or less from property in an SF-5 or more restrictive zoning district will be subject to compatibility development regulations. The site is subject to compatibility standards. Along the North property line, the following standards apply: • No structure may be built within 25 feet of the property line. § 25-2-1063-B • No structure in excess of two stories or 30 feet in height may be constructed within 50 feet of the property line. § 25-2-1063-C-1 • No structure in excess of three stories or 40 feet in height may be constructed within 100 feet of the property line. § 25-2-1063-C-2 • For a structure more than 100 feet but not more than 300 feet from property zoned SF-5 or more restrictive, 40 feet plus one foot for each 10 feet of distance in excess of 100 feet from the property zoned SF-5 or more restrictive. § 25-2-1063-C-3 • No parking or driveways are allowed within 25 feet of the property line. § 25-2-1067-G C14-2023-0123 Page 7 • A landscape area at least 25 feet wide is required along the property line. In addition, a fence, berm, or dense vegetation must be provided to screen adjoining properties from views of parking, mechanical equipment, storage, and refuse collection. • An intensive recreational use, including a swimming pool, tennis court, ball court, or playground, may not be constructed 50 feet or less from adjoining SF-3 property. • A landscape area at least 15 feet in width is required along the property line if tract is zoned MF-3, MF-4, MF-5, MH, NO, or LO. • A landscape area at least 25 feet in width is required along the property line if the tract is zoned LR, GO, GR, L, CS, CS-1, or CH. Additional design regulations will be enforced at the time a site plan is submitted. Austin Transportation Department – Engineering Review The adjacent street characteristics table is provided below: Name ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route Capital Metro (within ¼ mile) 58’ 63’ 44’ Yes No Yes 75’ 43’ Yes Yes Yes 60’ 40’ Yes No Yes Mariposa Drive Burton Drive Valley Hill Circle Level 1 - Residential Collector Level 2 - Collector Level 1 - Residential Collector 72’ 58’ A Traffic Impact Analysis is not required. Drainage The developer is required to submit a pre- and post-development drainage analysis at the subdivision and site plan stage of the development process. The City’s Land Development Code and Drainage Criteria Manual require that the Applicant demonstrate through engineering analysis that the proposed development will have no identifiable adverse impact on surrounding properties.  C14-2023-0123 Page 8 Environmental 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. It is in the Desired Development Zone. Zoning district impervious cover limits apply in the Urban Watershed classification. According to floodplain maps there is no floodplain within or adjacent to the project location. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. 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. 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. At this time, no information has been provided as to whether this property has any preexisting approvals that preempt current water quality or Code requirements. PARD – Planning & Design Review Parkland dedication will be required for the new applicable uses proposed by this development, multifamily with GR-V-CO 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. The site meets several criteria for onsite dedication, including the generation of a critical need for new parkland due to the intensity of the proposed development, as well as being located in a park deficient area. Should any 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. C14-2023-0123 Page 9 Austin Water Utility No comments on zoning change. The landowner intends to serve the site with existing City of Austin water utilities. 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. For more information pertaining to the Service Extension Request process and submittal requirements contact the Austin Water SER team at ser@austintexas.gov. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: Exhibit A: Zoning Map Exhibit A-1: Aerial Map Applicant’s Summary Letter Attachment A: Restrictive Covenant Correspondence ( ( ( ( ( SF-3-NP ( ( ( ( ( ( = ( SF-3-NP ( ( ( ( ( ( ( O R D A S T ( GR-NP R85-204 LO-NP CS-NP GR-NP WHSE NPA-2020-0021.01 C14-2020-0075 MF-6-CO-NP ( SF-3-NP ( M A T A G ( LO-NP ( ( ( ( ( ( ( ( ( ( ( ( ( W O O DLA N D AV E ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( A N TL E R D R ( ( F A W N D R ( SF-3-NP ( ( ( ( ( ( ( ( ( F I E L D D R ( D E E R ( ( ( ( ( ( ( R N D A V L Y S ( SF-3-NP ( R LN E K R PA ( ( ( ( ( ( ( ( ( ( ( M ARIPOSA D R ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( 78-225 ( P83-005 MF-2 SF-3-NP ( ( ( ( ( ( ( ( ( ( ( X E L 2-P ERC = 2-P L E X ( 8 3 - 1 1 8 CP77-23 SP-05-1026C FAST FOOD 81-288 T S E R T N A C A V G. D L B 9 8 0 1- 8 P APTS. APTS. MF-2 APTS. = = = SF-3-NP = = = APTS. R T D S E R L C YA O R ( R E D G R RID ( ( A D E C ( ( ( ( ( ( ( ( ( SF-3-NP ( APTS. ERC APARTMENTS NPA-2012-0021.02 NPA-2011-0021.02 C14-2012-0111 = = = SF-3-NP = APARTMENTS APARTMENTS = = ( R L D R HIL RIA B ( ( CP72-45 = = = R N D O T R U B = = 71-316 C14-71-316 APTS. C14-71-316 STO R E 72-96 71-316 C14-05-0112.06 LR-NP C14-71-316 DRIVE-IN GROC. 05-0112.06 ( ( CROOKED LN ( ( ( ( ( ( ( ( ( ( ( 2-PLEX ( X E L - P 2 SF-3-NP MF-3 SP-04-0185C 69-288 GYM SP-99-0094C SP-04-0018C ERC 81-226 72-96 82-187 P83-006 = = = C14-82-057 82-57 C14-72-096 APT S. LR-MU-CO-NP C14-71-316 71-316 72-38 SP-02-0127C C14-2008-0149 2008-0149 C14-2015-0091 APTS. APTS. APTS. CP72-36 APTS. CP72-36 06-0023 2-P LEX ! ! ! ! ! V A L L E Y H I L L C I R ! ! ! ! ! C14-05-0112 69-308 ! ! ! ! ! ! MF-4-CO ! ! ! 00-2194 84-161 ! C14-00-2194 69-127 ! ! APTS. ! ! MARIPOSA DR ! ! ! ! ! SF-3 MF-2 ! ! ! ! ! ! ! ! ! ! MF-2 69-288 APTS. P71-30 MF-3 APTS. APARTMENTS MF-3 APTS. APTS. CS-1 72-37 P71-30 ! ! ! ! ! ! ! ! C14-95-0168 ! ! ! ! ! ! ! ! ! ! R K D E E R ! ! ! W C O L WIL ! ! ! APARTMENTS ERC ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! SP-99-0037C APTS. APA RTME NTS MF-3 APTS. CP72-66 APTS. A N K E N D R APARTMENTS MF-3 MF-2-NP CS-1 SHOPPING CENTER GR MF-6-CO C14-2016-0087 P82-070 02-0003 C14-02-0003 CP14-72-066 MF-2 C14-72-239 C14P-78-34 APTS. REST. E OLTORF ST CONV. STORE SP96-0446CS ST O R E IN LO N W A P P O H S T S A F D O O F O T U A I E C V R E S CAR WASH GR SF-3-NP 2-PLE X APTS. 1500'S Q.FT. LIQ U O R R E TAIL C E N T E R CONV. STORE GAS STA. T 1 O F CS-1 GR R ETAIL C E NTE R 85-153 RETAIL CE NTER 87-116 87-013 SP85-165 ZONING EXHIBIT A ZONING CASE#: C14-2023-0123 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 Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Created: 10/18/2023 ( WIN D O A ( K D R SP06-0782C 05-0201 ( C14-05-0201 SF-6-CO-NP A PT. MF-3-NP LR CHURCH NPA-2021-0021.01.SH C14-2021-0008.SH MF-3-CO-NP CHURCH SF-3-NP SAVIN G S & LO A N O FFIC E S GR APARTMENTS 65-243 APARTMENTS GR B U R L E S O N R D APARTMENTS MF-2 D E R F L A C T E M GR-NP 69-135 OFFICE PARK SP85-187 RETAIL CENTER 2-PLEX X E L 2-P FAST FOOD 2 - P L E X ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY EXHIBIT A-1 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=J19K19J20K20C14-2023-0123C14-05-0112C14-2012-0111NPA-2011-0021.02NPA-2012-0021.02C14-2021-0008.SHC14-2015-0091NPA-2021-0021.01.SHC14-05-0201C14-2008-0149C14-95-0168C14-05-0112.06C14-2020-0075NPA-2020-0021.01C14-02-0003C14-2016-0087BURTONDRPARKERLNWOODLANDAVEEOLTORFSTWILLOWCREEKDRANKENDRFAWNDRSYLVANDRMATAGORDASTCROOKEDLNDEERFIELDDRCEDARRIDGEDRMARIPOSADRBURLESONRDROYALCRESTDRVALLEYHILLCIRWINDOAKDRANTLERDRBRIARHILLDRMETCALFERDMARIPOSADRMF-3ERCERCERCGRMF-3SF-3-NPGRGRGRMF-3MF-3MF-2MF-2SF-3-NPSF-3-NPMF-4-COMF-3-CO-NPSF-3-NPMF-3SF-3-NPSF-3-NPSF-3-NPERCSF-3-NPSF-3-NPMF-2LRGRSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPMF-2SF-6-CO-NPMF-2CS-NPLO-NPCS-1MF-3-NPLO-NPMF-2-NPLR-NPMF-6-CO-NPMF-2GR-NPSF-3LR-MU-CO-NPMF-6-COCS-1GR-NPCS-1GR-NP1900 Burton Dr±This product has been produced by the Planning Department for the sole purpose of geographic reference. No warrantyis made by the City of Austin regarding specific accuracy or completeness.ZONING CASE#:LOCATION:SUBJECT AREA:GRID:MANAGER:C14-2023-01231900 Burton Dr4.76 AcresJ19Nancy EstradaCreated: 11/1/2023SUBJECT TRACTZONING BOUNDARY!!!!!!PENDING CASECREEK BUFFER0200400600800100Feet MICHELE ROGERSON LYNCH Director of Land Use & Entitlements mlynch@mwswtexas.com 512-404-2251 September 28, 2023 Via Online Submittal Mrs. Lauren Middleton-Pratt, Director of Planning Housing and Planning Department 1000 East 11th Street Austin, Texas 78702 “Property”) Dear Mrs. Pratt: Re: Application for Rezoning; 4.759 acres, located at 1900 Burton Drive (the As representatives of the owner of the above stated Property we respectfully submit the attached Application for Rezoning. The Property consists of one tract with an existing multifamily building (see Zoning Exhibit attached) and is currently zoned Multifamily Residence Moderate- High Density-Conditional Overlay District (MF-4-CO). The Application for Rezoning requests to rezone the Property to Community Commercial-Vertical Mixed Use Building-Conditional Overlay (GR-V-CO) to allow for a mixed use project including multifamily and commercial uses. We are proposing to use the CO to prohibit the following GR uses that are more intense: PROHIBITED Alternative Financial Services Automotive Rentals Automotive Repair Services Automotive Sales Automotive Washing (of any type) Service Station Bail Bond Services Funeral Services Pawn Shop Services Pedicab Storage and Dispatch If you have any questions about this Application for Rezoning or need additional information, please do not hesitate to contact me at your convenience. Thank you for your time and attention to this project. Very truly yours, Michele Rogerson Lynch 221 W. 6th Street, Suite 1300, Austin, TX 78701 • 512.404.2200 • fax 512.404.2245 • www.mwswtexas.com ZONING EXHIBIT ATTACHMENT A Comment for Case C14-2023-0123 - M. Kelly Case Number: C14-2023-0123 Contact: Nancy Estrada Public Hearing: Jan 23, 2024, Planning Commission Project Location: 1900 Burton Drive Owner: Flats on Burton, LLC Applicant: Metcalfe Wolff Stuart and Williams, LLP My Name: Michael Kelly I Object Affected Address: 1900 Burton Dr Signature: Date: January 15, 2023 Daytime Telephone: 863-370-2532 Comment: I am aware that the purpose of this rezoning application is to gain approval to demolish the existing apartments at 1900 Burton Drive and construct (a) new mixed use development, consisting of office, retail, and residential spaces. As a resident and proud Austinite, I have several concerns about this particular proposed zoning change, including: ● Neighborhood Congruency ○ This property is located outside (south) of the East Riverside Corridor, in a neighborhood of existing uses of Moderate Density Multifamily Housing, and is adjacent to an area of Family Residence Zoning. ○ With a proposed density of 84.62 residential units per square acre, rezoning this property would allow for an outlying use from the surrounding area of Moderate-High Density Multifamily districting with the current highest allowed density in this area to be in MF-4-CO zoning with a density of 36-54 units per acre (which is the subject property). ○ This is not currently a neighborhood known for retail or office uses. It would be a shame if an area that could be used for affordable family housing sat empty as a retail or office space instead. ○ Increasing the residential density significantly, along with allowing for retail and office space could greatly increase roadway and pedestrian traffic. ○ Currently, large sections of Burton Drive are not even painted. There are very limited road markings. ○ Sidewalks do not extend all the way across both sides of the busy street. Instead, if pedestrians want to travel down Burton Drive, they will likely have to walk on grass, or cross the busy road (there are very few crosswalks). ● Infrastructure Comment for Case C14-2023-0123 - M. Kelly ○ The Sidewalks that do exist are broken and in disrepair, and are likely inaccessible to people with physical disabilities, especially wheelchair users. ○ No designated Bus or Bike Lanes exist. ○ Lack of traffic signal at intersection of Burton and Oltorf frequently causes traffic backups, increases drive time, and creates an unsafe situation for drivers trying to enter the busy roadway. ● Increase Cost of Living ○ By permitting the rezoning of this property, the city would knowing and willingly allow for the replacement of less-expensive housing that is accessible to the lower and middle class with more expensive units that could price current tenants out of this property. ○ This would set a precedent, not only to allow nearby landlords to raise the prices of rent, but also that nearby properties could rezone to higher density mixed use - destroying an area that historically has given lower class and lower-middle-class Austinites access to a close commute downtown, to relatively close and fast public transportation, and most importantly affordable housing. ○ Currently, the median per capita income of Austin is around $47,000 according to the Austin Chamber of Commerce. Using the rule of thumb that rent should not exceed more than 30% of a person’s gross income, that would mean that an average person MAY, at best, be able to spend $1,100 on rent per month. While it is not impossible to find housing for that price, it is not easy. This multifamily district currently holds options mostly on the higher end of that range. By allowing this rezoning, the city would put yet another nail in the coffin for affordable housing for the average Austinite. Please consider OBJECTING to this proposed rezoning, as it is incongruent with the surrounding neighborhood and would not be well supported by the surrounding infrastructure. This rezoning case could be extremely damaging to my community, and would undoubtedly uproot and disrupt the lives of hundreds of Austinites.