Planning CommissionMarch 12, 2024

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PLANNING COMMISSION DOWNTOWN DENSITY BONUS REQUEST SITE PLAN REVIEW SHEET CASE NUMBER: SP-2023-0437C PLANNING COMMISSION HEARING DATE: March 12, 2024 PROJECT NAME: 506 West ADDRESS: 506, 508, and 508 ½ West Avenue APPLICANT: Richard T. Suttle Jr., Armburst & Brown, PLLC 100 Congress Ave. Ste. 1300 Austin, TX 78701 URBAN DESIGN STAFF: Jorge E. Rousselin, CNU-A Jorge.Rousselin@austintexas.gov Phone: (512) 974-2975 SITE PLAN CASE MANAGER: Clarissa Davis clarissa.davis@austintexas.gov Phone: (512) 974-1423 NEIGHBORHOOD PLAN: Downtown PROPOSED DEVELOPMENT: The applicant is requesting administrative approval for the construction of a 47-story mixed-use building comprised of retail and 359 residential units, garage parking, and streetscape improvements in accordance with the Downtown Density Bonus Program (DDBP). PROJECT REQUEST: In accordance with LDC Section 25-2-586(B)(6), the applicant is requesting, from City Council, additional floor to area ratio (FAR) from 15:1 to 20:1 for a proposed mixed-use building. The project is participating in the Downtown Density Bonus Program for bonus area up to 15:1 FAR to be granted administratively. PRIOR BOARD AND COMMISSION ACTION: Design Commission: May 22, 2023: The motion that the project 506 West Residential, located at 506 and 508 West Avenue, complies with the Urban Design Guidelines for the City of Austin in accordance with the Land Development Code § 25-2- 586 (C)(1)(a)(ii) with the following inclusions: • Separate visual and/or auditory indications at the approach of path crossing for both pedestrians and vehicles for pedestrian safety examples: paver change for pedestrians and traffic arm or speed door for vehicles. (PS 10 – provide protection from cars) • Great Streets standard benches (per Great Streets as a gatekeeper requirement) • Lighting in compliance with Great Streets minimum standards was approved on Chair Weaver’s motion, Commissioner Rollason’s second on an 8-0 vote. Commissioner Howard and Commissioner Ladner were absent. 1 of 912 SP-2023-0437C - 506 West Planning Commission: March 12, 2024 Set Council Public Hearing: March 21, 2024 Conduct Council Public Hearing: April 18, 2024 SUMMARY STAFF RECOMMENDATION: Gatekeeper Requirements: To participate in the Downtown Density Bonus Program, projects must first satisfy the gatekeeper requirements as described in LDC 25-2-586(C)(1), which are: 1. To substantially comply with the Urban Design Guidelines 2. Execute a restrictive covenant committing to provide streetscape improvements along all public street frontages, consistent with the Great Streets Standards, and 3. Execute a restrictive covenant committing to achieve a minimum two-star rating under the Austin Energy Green Building program using the ratings in effect at the time the application is submitted. For this project, the applicant has provided sufficient documentation to meet the gatekeeper requirements, as outlined below: • The project will implement streetscape improvements consistent with Great Streets standards along West 14th Street and Lavaca Street with a pedestrian-oriented design featuring wide sidewalks, street trees, benches, bike racks, trash receptacles, and streetlights. • The applicant has committed to achieving a minimum two-star rating under the Austin Energy • The applicant has provided documentation indicating they will comply with the Urban Design Green Building Program. Guidelines. Bonus Area Analysis: The applicant seeks a total “Bonus Area” − defined by Section 25-2-586(A)(1) as “the gross floor area that exceeds the maximum floor-to-area ratio allowed with the site’s primary entitlement” − as the bonus area approved administratively between 8:1 and 15:1 FAR (as permitted by Section 25-2-586(B)(3)), and the bonus area above the administrative allowance of 5:1 FAR (as permitted by Section 25-2-586(B)(6)), up to a maximum 20:1 FAR. The applicant has proposed to achieve the bonus area allowances through the following means: 1. Bonus area from 8:1 to 15:1 FAR: Pay $1,040,088 of fees-in-lieu for affordable housing (to satisfy Section 25-2-586(E)(1)(b)(i). 2. Bonus area from 8:1 to 15:1 FAR: Pay $1,040,088 of fees-in-lieu to the Shoal Creek Conservancy to be allocated towards the Third Street Bike-Pedestrian Bridge & Trestle Improvement to satisfy Sections 25-2-586(E)(1)(b)(ii) and Section 25-2-586(E)(12). 3. Bonus area from 15:1 to 20:1 FAR: Pay $742,920 of fees-in-lieu for affordable housing (to satisfy Section 25-2-586(E)(1)(b)(i). 4. Bonus area from 15:1 to 20:1 FAR: Pay $742,920 of fees-in-lieu of fees-in-lieu to the Shoal Creek Conservancy to be allocated towards the Third Street Bike-Pedestrian Bridge & Trestle Improvement to satisfy Sections 25-2-586(E)(1)(b)(ii) and Section 25-2-586(E)(12). All fees-in-lieu above, totaling $1,783,008.00 will be paid into the Affordable Housing Trust Fund and $1,783,008.00 to the Shoal Creek Conservancy to be allocated towards the Third Street Bike- Pedestrian Bridge & Trestle Improvement. 2 of 912 SP-2023-0437C - 506 West 24,764 square feet 0.57 acres CBD With this, the applicant has met the Code requirement to go above and beyond what’s required to achieve the administrative FAR allowance for community benefits Section 25-2-586(B)(6)(d)(1). Staff recommends APPROVAL of the request for bonus area above what is allowed administratively by Section 25-2-586(B)(3), up to a maximum 20:1 FAR, due to the additional community benefits that will be realized in exchange for the additional bonus area. PROJECT INFORMATION SITE AREA EXISTING ZONING TRAFFIC IMPACT ANALYSIS N/A No CAPITOL VIEW CORRIDOR West Ave. PROPOSED ACCESS Allowed/Required Existing Proposed 8:1 FLOOR-AREA RATIO 100% BUILDING COVERAGE EXISTING ZONING AND LAND USES Site North South East West Restaurants (limited) and parking Restaurant Mixed use residential building (Austin City Lofts) Cocktail lounges; Office; Condominiums (Fifth & West) Shoal Creek Greenbelt Trail; Offices / Retail / Parking garage (Sixth + Lamar East Block) CBD-CO DMU CBD-CO MF-4 DMU; P; DMU- CURE 20:1 100% LAND USES N/A 100% ZONING ABUTTING STREETS Street West Ave 34’ Corridor Mobility – Level 3 ASMP Required ROW / Existing ROW 80’/84’ Pavement Width ASMP Classification 3 of 912 SP-2023-0437C - 506 West CS P CONV. STR. CS 44-04 LO P LO ( 84-458 C14-2021-0174 LO G KIN R A P C14-01-0054 ( LO-MU ( W 10TH ST OFFICE GO C17-2022-0065 C14-03-0085 GO-MU GO LR-H 80-206 MF-4 C14-2016-0110 DMU-CO UNZ W 11TH ST 75-88 LO 80-22 OFFICE STRIP CENTER CS 44-04 10th. STREET PARK P 87-082 ( T ( ( MF-4-HD-NP O S C N A L B ( ( MF-4-HD-NP ( ( MF-4-HD-NP ( C14-04-0149.46 ( ( C14H-03-0015 SF-3-H-HD-NP SF-3-HD-NP C14H-78-051 MF-4-H-HD-NP ( ( 04-0149.08 ( 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 SF-3-HD-NP APTS. C17-2021-0149 C14H-2010-0006 SF-3-HD-NP ( ( C14-04-0149.31 ( ( MF-4-HD-NP W 7TH ST SF-3-HD-NP ( SF-3-HD-NP MF-4-HD-NP ( GO-NP CS-1-MU-V-CO-NP C14-2007-0237 CS-MU-V-CO-NP -0405CS LO-NP 75-067 CS-MU-CO-NP C14-2007-0237 CS-MU-V-CO-NP SF-3-HD-NP SF-3-NP AUTO C14-2007-0237 CS-MU-V-CO-NP 9 11 96-0 AUTO SALES MF-4-HD-NP SF-3-HD-NP SF-4A-HD-NP 83-141 ( MF-4-HD-NP G KIN 3 2 2-1 R A 9 P P S G KIN R A P CS-MU-CO-NP ( ( SF-5-HD-NP 02-0112 C14-04-0122 04-0122 MF-4-HD-NP ( MF-4-HD-NP ( CS-MU-V-CO-NP ( C14-2007-0237 SF-3-H-HD-NP APTS. T ( ( ( MF-4-HD-NP ( R S O L Y A B ( CS-MU-V-CO-NP C14-2007-0237 F. F O RETAIL ( CS-MU-CO-NP 02-0112 8 5-0 7 H CS-MU-V-CO-NP C14-02-0112 CS-MU-CO-NP ( 02-0112 ( CS-MU-V-CO-NP C14-2007-0237 STATIO N CS CS-MU-V-CO-NP C14-2007-0237 REST. PARKING SP94-0283AS CS-CO S E L A S R A C DMU-CO\-CURE DMU-CO-CURE C14-03-0168 96-0119 7 4 9-1 6 03-0168 69-10 73-11 SP-97-0483C PKN G CAR LOT CS GO DEALER OFF. C 0 5 4 -0 6 0 P- S OFF. OFF. MF-4 83-290 95-57 LO 80-89 CS-CO 8 4 -1 2 8 STUDIO SP95-0126C ( MF-4 CS 95-58 CS-CO MF-3 T N S O S R E D N E H C14-96-0063 96-0063 CS 77-12 RETAIL SP- 05-1232C CS-CO BOOK\STORE 93-0106 OFFICE DMU C14-2007-0237 CS-H-NP CS-MU-CO-NP CS-H-NP C 0 9 1 6-0 9 P S SHOPPING CENTER T R S O L Y A B P-H-NP 86-165 PARKING 2007-0237 CS-MU-V-CO-NP C14-2007-0237 02-0112 SP-98-0073C LI-CO-NP SP93-0228CS RETAIL CENTER SP-04-1155C MF-3 MF-4 CS PARKING MF-4 ( S R A D C E S U T D S O O W DMU C14-2012-0083 DMU-CO ( C 5 2 0 0 - 7 0 P S SP95-0132C C14-05-0040 DMU-CURE 05-0040 GAS STA. CS-MU-V-CO-NP C14-2007-0237 CS-MU-CO-NP ELEC. CO. 04-0135 LI-PDA-NP C14-04-0135 OFFICE SP-04-0272D TRAINING CENTER B D N R V D S D V L R B A M A N L V L R B A M A N L G KIN R A P GENERAL\RETAIL GYM SPC-04-0042C DMU T O L DIO U T S SP97-0187C SP-03-0296C SP-06-0519C 05-0136 C14-05-0136 DMU-CURE-CO LOUNGE GROCERY\STORE DMU SP-02-0426C T WIE S O B SP-06-0588C C14H-2018-0014 C14-2009-0151(RCA) C14-2009-0151(RCA) C14-2009-0151 C17-2017-0068 DMU C14-2009-0151(RCA3) DMU-CURE P C14-2022-0102 DMU CBD-CO 00-2132 SPC-06-0104A DMU OFFICE EQUIPMENT AUTO SALES P C14-2011-0041 DMU-CURE-CO UNDER CONSTRUCTION CBD-CO 00-2127 LI-NP 02-0112 LI-CO-NP P-NP P-NP DMU-CO SPC93-12AS 83-140 DMU-CO C14-05-0093 DMU CONDOS DMU-CO C14-99-0002 99-0002 W 3R D ST SP-2007-0306C SP-98-0309C DMU-CURE C14-05-0005 SP-06-0241D 05-0005 P 0 5 - 0 0 9 3 P C14-05-0093 C14-2013-0144 P 01-0070 SPC89-0200CS P W 2ND ST P 88-0035 PO WER PLANT DR R M D L O H A E S R E T L A W DMU-CURE-CO C14-2007-0164 SP93-37C E V T A S E W CITY POWER PLANT DMU-CURE-CO-H C14H-2013-0003 61-119 MF-3 LO PARK 70-120 GO 79-257 APTS. 62-138 62-138 OFFICE 8 6 2 GO - 4 8 72-226 DMU-CO C14-2022-0177 ( 75-322 ( DMU-CO GO S E IC F F O ( ( GO ( ( GO ( GO-H C14-2009-0066 C14H-05-0025 LR-MU-H-CO 69-147 87-082 P DUNCAN PARK DMU-H C14H-79-020 87-063 LO ( UNDEV ( SP88-170C PARKING C GO 0 7 1 - 8 8 P S ( 87-063 OFFC. ( 77-034 ( C14-06-0177 3 0 2 - 8 6 MUSIC 06-0177 ( C14-99-2124 DMU-CO ( ( C14-2022-0055 GO MF-4 OFC 75-084 OFC GO OFC LO ( OFC W 8TH ST RESIDENTIAL MF-4 ( H77-13 ( GO ( GO ( 77-28 DMU-CO C14-2013-0147 C14-2011-0058 G N TI N RI P OFF. GO ( W 7TH ST GO-H ( H83-25 C14-2019-0156 DMU-CO GO-H GO-MU-H C14H-04-0005 H04-0005 OFF. C14-2016-0034 81-16RC E IC F F O DMU-CO GO-H OFF. C14-2011-0006 CBD-CO CBD R A B T/ S E R PRINT SHOP CBD CBD-CURE-CO C14-06-0183 OFFICE CBD-CO C14-06-0007 PARKING 06-0007 SP-93-0205CS T. S E R F. F O CBD S R A C E IC F F O DMU LIQUOR STORE COCKTAIL CBD GAS OFFICE CBD CAR DEALER H IT M S K C O L T S E D N A R G IO SP-05-0707C R SP-95-0211A SP-04-0416C CBD REST. CBD R O T L A E R SP-04-0980C NEW CARS W 5TH ST CONDOS CBD CITY OF AUSTIN USED CAR SALES SP-06-0153C CBD SP-02-0423C SP93-125CS SP-01-0325C CBD SP93-125CS CBD REST. EQUIP. C14-2008-0121 CITY OF AUSTIN CBD-CURE C14-2008-0121 C14P87-020 AUTO STORAGE CBD CBD-CURE SP-99-0017C PRODUCTION STUDIO C14-05-0165 CBD-CURE C14H-00-011 05-0165 CBD AUTO STORAGE PARKING E S H W GO DMU-H GO OFF. OFF. APTS. DMU C14H-2017-0107 GO-H GO OFF. CS ( H80-26 C14H-80-026 DMU-H DMU APTS. 96-0050 GO-H P C14-96-0050 CS GO LO-MU C14-2007-0212 LO G KIN R A P OFF. MF-4 DMU-CO 06-0118 P 96-0050 E IC F F O SPC96-0362C CS JAIL COUNTY LO-H DMU DMU-H C14-96-0140 ( C14-96-0141 ( ( GO ( ( ( DMU-CO 96-0141 DMU PARKING GARAGE SP96-0088C TOY\SHOP LR 6 3 2 2 - 0 0 GO C14-00-2236 GO-MU 93-14 DMU-H GR MF-4 GO OFF. C14-2008-0150 DMU-CO C R 7 6 -1 1 8 ( C14-2011-0036 DMU-CO 67-151RC CS GO LO 2 3 1 - 5 7 DMU-CO C14-2010-0207 99-0138 C14-2010-0069 ( W 9TH ST C14H-90-0012 P-H E IC F F O T S O I N O T N A N A S H83-002 8 9 - 7 8 P-H CP73-05 P LIBRARY DMU-H-CO APT. 75-24 T S S E C E U N E IC F F O H75-31 H74-31 MF-4-H AUSTIN MF-4 GO-H PARKING GO GO-H ( ( H74-13 DMU-H C14H-2016-0073 DMU-H-CO C14-2011-0124 C14-2012-0105 93-164 LAW OFF. CBD APTS. ( ( DMU-H ( H74-37 W 7TH ST ( ( CBD-H H74-29 GIFTS VACANT LOT CBD CBD CBD W 6TH ST USED CARS CBD PARKING E IC F F O AUTO CENTER USED BLUEPRINT CBD CBD-CURE-CO C14-07-0012 CAR SALES CBD-CURE-CO G C14-07-0013 KIN R A P SP-98-0140C CBD CBD-CURE-CO C14-07-0013 CBD NEW CAR SALES SPC-94-0255CS CBD SP-99-0005C BODY SHOP REPUBLIC SQUARE PARK T S O I N O T N A N A S P-H H90-0013 W 4TH ST SPC88-0232C CBD OFF-SITE PARKING T S E P U L A D A U G CBD N IO S IS M O T U A REST. CBD T N A C A V E G N U O L C14-2012-0130 CBD-CURE CBD REPUBLIC SP-07-0437D CBD OFFICE CBD-CURE-CO C14-06-0190 C14-2007-0249 CBD-CURE-CO C14-06-0190 C14-2007-0249 W 2ND ST CBD CBD T CBD A S C A V A L CBD WHSE CBD C14-87-001 VACANT CBD CBD-H C14H-00-0013 P80-36 CBD SP-99-2151C CBD-H FACILITY FOOD WHSE. SP-06-0502C CBD CITY WATER TREATMENT P C14-2015-0065 W 3RD ST WHSE SP39-0175C SPC88-121C 86-274 CP71-63 P-H P C14-2015-0065 CBD-CURE C14-2008-0122 86-274 P83-070 2008-0122 W CESAR CHAVEZ ST P SP94-0440C 88-0035 P Downtown Density Bonus ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY Site Plan Case#: SP-2023-0437C Address: 506, 508, and 508 ½ West Avenue 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: 2/27/2024 4 of 912 SP-2023-0437C - 506 West 0 500 1000 ft Downtown Density Bonus 506 West N SUBJECT TRACT DDBP CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: SP-2023-0437C 506, 508, and 508 ½ West Avenue 0.57 Acres J23 Jorge Rousselin 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: 03/04/2024 5 of 912 SP-2023-0437C - 506 West AUSTIN CITY LOFTS OWNERS ASSOCIATION 800 West 5TH Street Austin, TX 78703 Dear Planning Commissioners, The Austin City Lofts (ACL) Owners Association objects to the FAR increase (from 15:1 to 20:1) application filed for 506, 508 and 508 ½ West Avenue (Case No. SP-2023-0437C) and respectfully requests that you deny this application. While density and height are naturally encouraged in the downtown area, the proposed development is wholly within Austin’s 25-year floodplain and is located mid-block with access only to West Avenue. To our knowledge, there is no tower as dense and as tall as the one being proposed for 506 and 508 West Avenue located mid-block on a two-lane two-way short block (275’) with stop lights on either end (W 5th & W 6th) anywhere downtown, much less within the 25-year floodplain. There are two existing parking garage access points on this short block of West Avenue for Austin City Lofts and 5th & West Residences. Particularly during drive times, it is daunting to dangerous when exiting and/or entering these existing parking garages. Vehicles going north/south on West Avenue will back up and block garage access and the east/west traffic on W 5th and W 6th Streets. An additional 430 cars on this short block will only exacerbate an already perilous situation. We understand that a traffic study will not be required based on the developer’s calculations for trips per day but that does not take into consideration the changes in traffic flow as West Avenue has become an alternate corridor for north/south traffic from Caesar Chavez to 19th Street (The Independent, Seaholm District [Trader Joe’s and others] and the Central Library.) To be clear, ACL is not opposed to development of 506 and 508 West Avenue in a manner that is appropriate for land that is located wholly within Austin’s 25-year floodplain and is mid-block with access to only a two-lane two-way street (West Avenue). However, the FAR variance from 15:1 to 20:1 dramatically increases the permissible height for any project constructed on these properties. It is our understanding that the proposed 11-story above ground parking garage is not included in the calculation of the allowable FAR of 15:1 or the requested increase in FAR of 20:1. The current site plans call for a luxury apartment tower with:  Building height of 564’  50 stories  430 parking spaces  An 11-story above ground parking garage At a time when City Council is focused on regulations that reduce the overall number of new parking spaces built within downtown Austin to meet parking needs more efficiently and creating a more walkable, pedestrian-oriented built environment with fewer large above-ground parking structures, this would seem to be incongruous. If this FAR increase to 20:1 is granted, the ACL building, its residents, and the residents in the surrounding area will be detrimentally impacted. Accordingly, ACL requests that you deny the developer’s application for a FAR increase from 15:1 to 20:1. Thank you for your consideration of this request, Ian Inglis Board President Austin City Lofts Owners Association 6 of 912 SP-2023-0437C - 506 West 7 of 912 SP-2023-0437C - 506 West 8 of 912 SP-2023-0437C - 506 West Connie Temple Subject: Comments Page | Case No. SP-2023-0437C  Case Number: SP-2023-0437C  Contact: Jorge E. Rousselin, 512-974-2975 jorge.rousselin@austintexas.gov  Public Hearing: March 12, 2024, Planning Commission I object to the increase in FAR from 15:1 to 20:1 for the project location: 506, 508 & 508 ½ West Avenue. To be clear, I am not opposed to development of these properties in a manner that is appropriate for this location. The current site plans call for:  Building height of 564’ and 50 stories.  430 parking spaces  An 11-story above ground parking garage All of the above properties are located wholly within Austin’s 25-year floodplain, the only street access is a two-lane two- way street (West Avenue). Our block of West Avenue is a short block (275’) with stop lights at both ends on W 5th and W 6th streets. Traffic frequently backs up across both streets blocking the north/south traffic. Another 430 cars competing for parking garage ingress and egress on our short block will be hazardous. At a time when City Council is focused on reducing downtown parking and large above ground parking structures, this variance request would seem to be incongruous. Council Member’s Qadri approved amendment to Project Connect calls for modifications to downtown parking requirements like:  Consideration of the above-ground structured parking to be included as part of the development’s FAR calculation Implementing parking soft caps and requiring a fee for parking built above soft caps   Reducing the maximum motor vehicle parking allowed for a development downtown from the existing maximums. The requested FAR variance from 15:1 to 20:1 dramatically increases the permissible height for any project constructed on these properties. If this FAR variance of 20:1 is approved, the ACL building, its residents and the residents in the surrounding area will likely be detrimentally impacted. Sincerely, Connie Temple Board Director Austin City Lofts Owners Association 800 W 5th St, Austin TX 78703 1 9 of 912 SP-2023-0437C - 506 West