26 P-2023-0113C - DC-2422; District 3.pdf

Planning Commission – April 23, 2024

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PLANNING COMMISISON SITE PLAN – COMPATIBILITY WAIVER ONLY CASE NUMBER: SP-2023-0113C PLANNING COMMISSION HEARING DATE: April 23, 2024 PROJECT NAME: DC-2422 ADDRESS: 2422 E. 7th Street COUNCIL DISTRICT: 3 OWNER: ENGINEER: DC-2422, LLC 2120 E. 7th St. #200 Austin, TX 78702 Milian Consulting LLC (Maximiliano Martinez) 1006 Vargas Rd. Austin, TX 78741 (956) 251-5146 (512) 978-4555 CASE MANAGER: Kate Castles Kate.Castles@austintexas.gov NEIGHBORHOOD PLAN: Govalle Neighborhood Plan Area PROPOSED DEVELOPMENT: The applicant is proposing to develop vacant land on five lots zoned CS-CO-NP into a commercial mixed-use development. The applicant is proposing to build 3,870 square feet of Restaurant (General), 1,374 square feet of General Retail, 39,988 square feet of Professional Office, and 1 efficiency accessory dwelling unit (498 square feet). The site will have a single driveway accessing E. 7th Street and will provide landscaping, on-site bicycle parking, and public sidewalk improvements on 0.53 acres. The applicant has already received a compatibility variance from the Board of Adjustment to increase the height limits of the proposed building. One waiver from compatibility setback requirements is being requested from the Planning Commission. DESCRIPTION OF WAIVER: The applicant is requesting a waiver from § 25-2-1063(B)(1), which requires a structure setback of 25 feet from property zoned as SF-5 or more restrictive. The proposed building is located within the 25-foot compatibility setback from the property line of the SF-3-NP zoning district located to the north across an alley. The proposed building is currently located approximately 17 feet from the adjacent property line of the SF-3-NP zoning district and is also separated by right-of-way. SUMMARY STAFF RECOMMENDATION: The proximity of the SF-3-NP district triggers the 25-foot compatibility setback regulation. However, the proposed development and the triggering SF-3-NP properties are currently separated by an alley. Additionally, the SF-3-NP district is immediately adjacent to a GR-MU-CO-NP district to the east. The SF-3-NP properties located to the north are developed as single-family use. The adjacent property to the north is zoned GR-MU-CO-NP and developed as mixed-use residential, retail, and automotive repair services uses. 1 of 926 P-2023-0113C - DC-2422; District 3 Ordinance No. 030327-11a rezoned the property from LI to CS-CO-NP in 2003. The ordinance prohibited adult oriented businesses, kennels, residential treatment, campground, pawn shop services, and vehicle storage uses, and made agricultural sales and services, limited warehousing and distribution, laundry services, equipment repair services, construction sales and services, building maintenance services, and equipment sales uses conditional. The Govalle Neighborhood Planning Area’s Future Land Use Map identifies this site for commercial use. The owners of the triggering SF-3-NP properties located to the north have expressed support for the proposed development. Based on these findings and the proposed design of the project, staff recommends approval of the requested compatibility waiver. A waiver to reduce the required setback by 8 feet is appropriate and will not harm the surrounding area. The site plan complies with other compatibility standards, such as lighting and screening, and has received a compatibility variance from the Board of Adjustment to increase the height limits of the proposed building. PROJECT INFORMATION TOTAL SITE AREA EXISTING ZONING WATERSHED TRAFFIC IMPACT ANALYSIS CAPITOL VIEW CORRIDOR PROPOSED ACCESS FLOOR-AREA RATIO BUILDING COVERAGE IMPERVIOUS COVERAGE COMPATIBILITY: The site is subject to Compatibility Standards due to the SF-3-NP zoning district to the north. 23,086.8 sq. ft. CS-CO-NP Lady Bird Lake (Urban) E. 7th Street Allowed 2:1 95% 95% Proposed 1.98:1 94.9% 94.9% Existing 0 0 ~95% Not required 0.53 acres None § 25-2-1063 - HEIGHT LIMITATIONS AND SETBACKS FOR LARGE SITES. (1) an area that exceeds 20,000 square feet; or (2) a street frontage that exceeds 100 feet. (A) This section applies to a site that has: (B) In this section, the term "structure" excludes a rain garden using no concrete that is designed in accordance with the Environmental Criteria Manual. A person may not construct a structure 25 feet or less from property: (1) in an urban family residence (SF-5) or more restrictive zoning district; or (2) on which a use permitted in an SF-5 or more restrictive zoning district is located. EXISTING ZONING AND LAND USES Site North ZONING LAND USES Restaurant (General), General Retail, Professional Office CS-CO-NP SF-3-NP, GR-MU-CO-NP Alley ROW, then Single-family Residential, Retail, and Automotive Repair Services E. 7th Street, then Restaurant, Medical Office Pedernales Street, then Automotive Washing Restaurant CS-CO-MU-NP CS-CO-NP CS-CO-NP South East West 2 of 926 P-2023-0113C - DC-2422; District 3 ABUTTING STREETS Street E. 7th Street Pedernales Street NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Central Austin Concerned Architects Del Valle Community Coalition East Austin Conservancy El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Govalle/Johnston Terrace Neighborhood Plan Contact Team Right-of-Way Width 120 feet 60 feet Pavement Width 50 feet 40 feet Classification Core Transit Corridor Local City Street Greater East Austin Neighborhood Association Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin Red Line Parkway Initiative SELTexas Sierra Club Austin Regional Group 3 of 926 P-2023-0113C - DC-2422; District 3 Development Services Department City of Austin P.O. Box 1088 Austin, Tx 78767 Re: April 2, 2024 Land Development Code – Compatibility Setback Waiver Request DC-2422 – SP-2023-0113C Dear Mrs. Kate Castles On behalf of my client, DC-2422, LLC, I am requesting the following waiver to the City of Austin Land Development Code to make this project feasible. Waiver Request: Allow for an 8’ reduction to the 25’ of no build zone along the alley across from 2401 and 2405 Coronado St. [LDC 25-2-1063(B)] Justification: The hardship for which this waiver is requested is unique to the property in that: the shallow wedge shape is a result of a very significant right of way dedication required by the city to shift East 7th St from the original city grid of 150’ deep to its current configuration. The unique configuration of the site provides very little room for development so the additional 8’ will allow for a better mixed- use project. We believe that this waiver will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: the waiver request is only for an additional 8’. Please reference the attached “Support for Compatibility Setback Reduction Waiver from Land Use Commission” from the two adjacent SF zoned Neighbor’s. Thank you for your consideration of this request; please call me at (956) 251-5146 if you have any questions. Sincerely, Maximiliano Martinez, P.E. Principal Milian Consulting, LLC F-22686 _____________________________________________________________________________________ 501 N IH 35 # 209C Austin, Texas 78702 956.251.5146 www.milianengineering.com 4 of 926 P-2023-0113C - DC-2422; District 3Support for Compatibility Setback Reduction Waiver from Land Use Commission April 1st, 2024 Dear Mark Vornberg of DC-2422 LLC, We are the home owners of 2401 and 2405 Coronado St, directly behind and across the alley from the proposed mixed-use project at 2408-2422 E. 7th street. Our single family properties are the primary triggering properties for the compatibility setback affecting this new project. We are in support of the Office Mixed-Use project proposed at 2408-2422 E. 7th Street and of the application of a Waiver from the Land Use Commission to reduce the 25’ setback described in LDC 25-2-1063 to 17’-0”. We understand that this would allow the proposed development to be built up to its property line closest to our properties, similar to what the previous COR ordinance 25-2-769.04 would have allowed had it not been recently negated by the court. We understand the city has no schedule on when they will be re-addressing some of the compatibility issues, and this project is well under way of design and permitting. We can understand how it would be a significant burden to redesign at this late a time and offer our support. Sincerely, John Mistrot Hudson Baird Owner of 2401 Coronado St Owner of 2405 Coronado St 5 of 926 P-2023-0113C - DC-2422; District 3SF-3-NPCS-CO-MU-NPP-NPCS-CO-MU-NPCS-CO-NPSF-3-NPCS-CO-NPSF-3-NPCS-CO-MU-NPCS-MU-CO-NPSF-3-NPCS-CO-MU-NPCS-CO-MU-NPCS-CO-MU-NPCS-CO-MU-NPGR-MU-CO-NPSF-3-NPSF-2-NPSF-3-NPCS-MU-CO-NPCS-CO-MU-NPCS-CO-MU-NPCS-CO-MU-NPE 7TH STPEDERNALES STDIAZ STNORTHWESTERN AVECORONADO STGONZALES STCORONADO STMaxar, Microsoft±CASE#:ADDRESS:CASE NAME:MANAGER:SP-2023-0113C2422 E. 7th StreetDC-2422Kate CastlesOPERATOR: K. Castles05010025FeetThis 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.This product has been produced by the Development Services Department for the sole purpose of geographic reference.No warranty is made by the City of Austin regarding specific accuracy or completeness.6 of 926 P-2023-0113C - DC-2422; District 3BE DR CC AR SW STBS LTBS OH SITE PLAN KEY BUILDING ENTRANCE REFERENCE ARCHITECTURAL PLANS FOR DETAILS REPLACE EXISTING TYPE II DRIVEWAY PER COA DETAIL 433S-2. ADR PROPOSED ALLEY TYPE II DRIVEWAY PER COA DETAIL 433S-2. INSTALL 6" CONCRETE CATCH CURB & GUTTER PER COA DETAIL 430S-1 ACCESSIBLE ROUTE CONCRETE SIDEWALK PER COA DETAIL 432S-1. TIE TO EXISTING SIDEWALK AS SHOWN. REF LANDSCAPE PLANS FOR TYPE AND FINISHES SHORT TERM BIKE SPACE. CLASS III BICYCLE PARKING PER COA DETAIL 710S-1 LONG TERM BIKE SPACE. CLASS III BICYCLE PARKING PER COA DETAIL 710S-1 40' CANOPY OVERHANG FOR SIDEWALK SHADING. TO BE REMOVABLE PER LICENSE AGREEMENT REQUIREMENT. REFERENCE AGREEMENT FOR REMOVAL DETAILS. KB AUSTIN FIRE DEPARTMENT KNOX BOX LOCATION. DEB PROPOSED ALLEY DEAD END BARRICADES PER COA DETAIL 803S-1 E S T L W 2 1 ' ' ' L W D N EXISTING AWU A B FIRE HYDRANT A #658583 L W 2 1 ' ' L W 2 1 ' ' L W 2 1 ' ' L W 2 1 ' ' ' L W D N A B A ' L W D N A B A ' L W D N A B A ) ' 0 5 1 ( ' 7 5 . 6 6 1 E " 0 5 0 4 ° 0 2 S ' ' L W D N A B A ) 4 1 0 0 - 2 1 0 2 ( I D " 2 1 AR ) . D N A B A ( I C " 6 L W 2 1 ADR ' ' R10.0 A D A 11.5 A D A 9.3 E N O Z G N I T N A L P ' 4 7 . 4 6 W " 2 0 1 4 ° 0 2 S ' ) ' 4 7 . A 4 6 D ( A T A B N D 1 8 " R C P S D L W 2 1 ' ' ' L W D N A B A 2.0 E N O Z R A E L C 4.0 S D 5 2 0 0 - 7 0 0 2 - S S D P C R " 5 1 S D S D 2 7 N S S S A L C E P I P P M R F C C " 6 3 ) . . . W O R ' 0 6 ( T E E R T S S E L A N R E D E P ADA CO 6''WW C O ABAND. GAS LINE SDWLK ESMNT W/ PERMITTED OBSTRC DOC.________ L W D 6" WW SERVICE STUB N CONNECTION TO A B REMAIN A L W 2 1 ' ' ' A B N D 1 8 " R C P S D E N I L S A G . D N A B A S A G S A G E P " 4 E N I L W W 6 2 R D S C V P " 8 4 1 0 0 - 2 1 0 2 - S S A G M H # 2 3 4 3 4 3 6 " ( N ) I N = 4 6 2 . 0 7 6 " ( E ) I N = 4 6 2 . 0 8 6 " ( W ) I N = 4 6 3 . 9 3 8 " ( S ) O U T = 4 6 1 . 0 7 W W 7 5 . 8 6 4 : V E L E P O T 8 8 . 4 6 4 : V E L E L F T E L N I S T S S S A G U G E DEB 471.45 A.A.G. HIGH 25' TRUCK LOADING ZONE 15'X25' ZONING: SF-3-NP USE: SINGLE FAMILY LOT 1 ZONING: SF-3-NP USE: SINGLE FAMILY ZONING: GR-MU-CO-NP USE: TIRE SHOP ZONING: GR-MU-CO-NP USE: TIRE SHOP BLOCK 8 LINCOLN PLACE VOL. 3, PG. 1 P.R.T.C. LOT 2 245.1 LOT 3 LOT 4 ALLEY (17.9 R.O.W.) S69°49'20"E 250.01' S D SW KB (50') (50') 24.7 ELEVATORS 38.8 (50') (50') 9.3 TRASH ENCLOSURE 37.3 E R I F R E S I R GENERAL NOTES: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. SURFACE ALONG ACCESSIBLE ROUTES MUST BE STABLE, FIRM, AND SLIP RESISTANT. ALL PARKING SURFACE SHALL BE 6" CONCRETE PAVEMENT ON 6" COMPACTED SUBGRADE PER GEOTECH. COMPLIANCE WITH THE COMMERCIAL AND MULTI-FAMILY RECYCLING ORDINANCE IS MANDATORY FOR MULTI-FAMILY COMPLEXES AND BUSINESSES AND OFFICE BUILDINGS. EACH COMPACT PARKING SPACE/AISLE WILL BE SIGNED "SMALL CAR ONLY." THE MIRRORED GLASS WITH A REFLECTANCE GRATER THAN 20 PERCENT IS PROHIBITED. APPROVAL OF THESE PLANS BY THE CITY OF AUSTIN INDICATES COMPLIANCE WITH APPLICABLE CITY REGULATIONS ONLY. COMPLIANCE WITH ACCESSIBILITY STANDARDS SUCH AS THE 2010 STANDARDS FOR ACCESSIBLE DESIGN OR THE 2012 TEXAS ACCESSIBILITY STANDARDS WAS NOT VERIFIED. THE APPLICANT IS RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE ACCESSIBILITY STANDARDS. SLOPES ON ACCESSIBLE ROUTES MAY NOT EXCEED 1:20 UNLESS DESIGNED AS A RAMP [ANSI 403.3] ACCESSIBLE ROUTES MUST HAVE A CROSS-SLOPE NO GREATER THAN 1:50. [ANSI 403.3] ACCESSIBLE PARKING SPACES MUST BE LOCATED ON A SURFACE WITH A SLOPE NOT EXCEEDING 1:50. [ANSI 502.5] NONE OF THE ON-STREET SPACES ARE RESERVED FOR THE DEVELOPMENT AND MAY BE USED BY ANY MEMBER OF THE PUBLIC. THE DEVELOPER MUST BE AWARE THAT THEY CAN COUNT ON-STREET SPACES AT THEIR OWN RISK; THE SPACES MAY BE REMOVED AT ANY TIME FOR ANY REASON AND THE CITY OF AUSTIN WILL NOT RELOCATE THE DISPLACED ON-STREET PARKING. IN ADDITION, IF THE ADJOINING STREET APPLIES FOR AND RECEIVES RESIDENTIAL PERMIT PARKING, THE PARKING FOR THE DEVELOPMENT WILL NOT COUNT AS RESIDENTIAL PARKING AND THE RESIDENTS ILL NOT RECEIVE RESIDENTIAL PARKING PERMITS. D A O R AIL 0' R.O.W.) A. N.W. R 0 (1 ZONING: CS-CO-NP USE: RESTAURANT/ RETAIL LOT 1 REMAINDER BLOCK 9 LINCOLN PLACE VOL. 3, PG. 1 P.R.T.C. 5.0 22.1 20.0 5.0 20.0 7.1 T 5.0 ELEC/TELE PANELS 31.5 (50') 20'X20' ALLEY TURN AROUND 50' C.S. (35') (45') 24.5 S E C A P S D R A D N A T S 4 ' 5 9 . 8 1 1 E " 4 5 0 4 ° 0 2 N ' ) ' 5 9 . 8 1 1 ( AR SW B 7.0 X O B R E T 3011 E M 8.5 17.5 RETAIL 85.1 (51.17') 100' C.S. (45') 24.5 110' C.S. (46') 18.5 26.1 120' C.S. (47') 130' C.S. (48') (51.16') A D A 4.0 A D A G A S L I N E A B A N D . A D A 11.9 20.0 DR ' W L 1 ' 1 " P V C G P - 2 0 0 9 - 0 0 5 7 . N P Z 34.4 & E P I P E C 5 0 0 0 - I V R ' W L 1 ' E 5 S 0 0 2 - W 2 / 1 1 ' W W R15.0 D D N A B A U G U G A S ' W L 1 2 ' ABAND'D WW V A L V E 1 " I R R . ( T Y P . ) U G U G A S ' W L 1 2 ' ' W L 1 ' ' W L 1 ' ' W L 1 ' 1 ' ' W L R15.0 U G U G A S 4 " P E G A S ' W L 1 2 ' 1 2 " D I ( 2 0 0 5 - 0 0 0 5 ) E 7 T H S T R E E T R . O . W . ) ( 1 2 0 ' ABAND'D WW 8 " P V C S D R 2 6 W W L I N E S - 2 0 0 8 - 0 0 0 1 ' W W D D N A B A ZONING: CS-CO-MU-NP USE: RESTAURANT M H # 2 3 4 3 3 1 6 " ( S ) I N = 4 6 3 . 1 9 8 " ( E ) O U T = 4 6 3 . 1 0 W W SUBCHAPTER E NOTES: 1. ALL EXTERIOR LIGHTING WILL BE FULL CUT-OFF AND FULLY SHIELDED IN COMPLIANCE WITH SUBCHAPTER E 2.5 AND WILL BE REVIEWED DURING BUILDING PLAN REVIEW. ANY CHANGE OR SUBSTITUTION OF LAMP/LIGHT FIXTURES SHALL BE SUBMITTED TO THE DIRECTOR FOR APPROVAL IN ACCORDANCE WITH SECTION 2.5.2.E. LOTS 2-6, BLOCK 9 LINCOLN PLACE VOL. 3, PG. 1 P.R.T.C. MEASURED ACREAGE 0.53 ACRES +/- ZONING: CS-CO-NP USE: CAR WASH AUSTIN FIRE DEPARTMENT NOTES: MAX@MILIANENGINEERING.COM FIRM REG# F-22686 956.251.5146 9 STANDARD SPACES ) ' 3 1 . 8 0 1 ( PR. 4 STORY BLDG TYP IIIB/IIB SPRINKLER GFS: 445,730 SF 72 ) ' 2 3 . 7 9 ( 24.1 1 ACCESSIBLE SPACES ) ' 6 4 . 6 8 ( RESTAURANT ) ' 0 6 . 5 7 ( BE BE OH 10 STANDARD SPACES 8.5 0.0 A B A N ' D W L A B A N ' D W L ABAND'D WW 6" CONC (ABAND.) ABAND'D WW ' W L 1 2 ' ' W L 1 2 ' 1 2 " D I W T R W - 2 0 0 9 - 0 0 5 4 LTBS 8.0 8.5 19.6 BE 64.5 9.4 (51.16') N 8 2 ° 0 2 ' 0 0 " W 2 5 6 . 2 9 ' A D A A D A A D A 256.3 ' W L 1 ' ' W L 1 ' 1 ' ' W L STBS ' W L 1 ' ' W L 1 ' 2 0 0 . 1 N E T F R O N T A G E 1 ' ' W ' W L W D D N A B A ' W L 1 ' 1 ' ' W W ' W L D D N A B A V A L V E 1 " I R R . ( T Y P . ) U G U G A S U G U G A S ' W L 1 2 ' ' W L 1 2 ' ' W W D D N A B A ' W W D D N ' W L A 1 ' B A U G U G A S ' W L 1 2 ' W W D D N A B A ' KB (51.17') 7.0 S U P P L E M E N T A L Z O N E 3.9 C L E A R Z O N E P L A N T I N G Z O N E A D A G A S L I N E A B A N D . 3000 ' W L 1 " P V C G P - 2 0 0 9 - 0 0 5 7 . N P Z 1 ' ' W L 1 ' ' W L 1 ' ' W L 1 ' ' W L 1 ' V A L V E 1 " I R R . ( T Y P . ) U G U G A S U G U G A S 64.5 4 " P E G A S ' W L 1 2 ' U G U G A S 1 2 ' CC 1 2 " D I ( 2 0 0 5 - 0 0 0 5 ) ' W L (51.16') 0.0 ' W L 1 ' U G U G A S ' W L 1 2 ' CC S U G E 1 5" R C P SD U G U G A S 11.2 6 8 . 8 6 4 : T V E E L L N E I P S T O T T S 9 1 . 5 6 4 : V E L E L F 9 8 . 8 6 4 : V E L E P O T 2 9 . 4 6 4 : V E L E L E F G U T E L N I S T S S 12''WL E G U A B A N ' D W L W T R V A L V E : 6 5 8 5 7 7 S D 1 5 " R C P 469.75 A.A.G. LOW 15" RCP SD ' W L 1 2 ' ABND VLV U G E L W 2 1 ' ' ) 5 0 0 0 - 5 0 0 2 ( I D " 2 1 L W 2 1 ' ' : E V L A V R T W ' L W D N A B A 0 4 1 6 6 6 ) . D N A B A ( I C " 6 ' L W D N A B A 7 0 6 2 7 8 # H M W S " 0 6 7 4 . 8 6 4 = V E L E P O T U G U G A S " 5 1 . X E ( 1 7 . 2 6 4 ) N ( N I L F S D S D ) P C R S D 5 2 0 0 - 7 0 0 2 - S 1 7 . 2 6 4 ) " 4 2 T U O ( L F 2 7 N S S S A L C E P I P P M R F C C " 6 3 ' W W D D N A B A ) . D N A B A ( C N O C " 6 2 8 2 0 0 - A ' W W D D N A B A S A G E N I L W W 1 0 0 0 - 8 0 6 2 0 2 - S S A G R D S C V P " 8 E G U E G U E N I L S A G . D N A B A S A G E P " 4 S A G M H # 2 3 4 3 2 9 8 " ( N ) I N = 4 5 8 . 9 7 8 " ( E ) I N = 4 5 8 . 8 7 8 " ( W ) I N = 4 5 9 . 2 9 8 " ( S ) O U T = 4 5 8 . 7 7 W W E G U E G U L W 2 1 ' ' ' L W D N A B A U G E ' W W D D N A B A U G E S A G ABAN'D WL M H # 2 3 4 2 4 6 8 " ( N ) I N = 4 5 8 . 6 4 8 " ( S ) I N = 4 5 8 . 5 4 A B A N ' D W L W W ' W L 1 2 ' ABAND. 6" CONC WW ABAND'D WW ABAND'D WW ABAND'D WW ABAND'D WW ABAND. 6" CONC WW B-01107 ABAND'D WW 8 " P V C S D R 2 6 W W L I N E S - 2 0 0 8 - 0 0 0 1 ' W W D D N A B A ' W W D D N A B A ZONING: CS-CO-MU-NP USE: BANK ZONING: CS-CO-MU-NP USE: PARKING S D S D S D ' L W D N A B A ' L W D N A B A C V P " 2 1 ) 4 4 0 0 - 0 1 0 2 ( L W 2 1 ' ' L W 2 1 ' ' S A G S A G ' W W D D N A B A ' W W D D N A B A 1. 2. 3. 4. 5. 6. 7. 8. 9. SIGNS AND IDENTIFICATION MARKERS DESIGNATING FIRE ZONES/FIRE LANES SHALL BE PLACED AFTER DESIGNATION OF A FIRE ZONE OR FIRE LANE. UNDER THIS ARTICLE, THE FIRE CHIEF SHALL GIVE NOTICE OF THE DESIGNATION TO THE OWNER OF THE PROPERTY, DIRECTING THE OWNER TO CAUSE, AT THE EXPENSE OF THE OWNER, MARKINGS TO BE PAINTED ON ANY AREAS DESIGNATED AS A FIRE ZONE OR FIRE LANE. THE MARKINGS MUST BE RED WITH WHITE STENCILING READING "FIRE ZONE/ TOW AWAY ZONE" OR "FIRE LANE/ TOW AWAY ZONE" IN LETTERING AT LEAST THREE INCHES IN HEIGHT. THE STENCILING SHALL BE AT INTERVALS OF 35 FEET OR LESS. IN ADDITION, THE OWNER SHALL CAUSE SIGNS TO BE POSTED AT BOTH ENDS OF A FIRE ZONE AND FIRE LANES. ALTERNATIVE MAKINGS OF FIRE ZONES AND FIRE LANES MAY BE APPROVED BY THE FIRE CHIEF PROVIDED FIRE ZONES OR FIRE LANES ARE CLEARLY IDENTIFIED AT BOTH ENDS AND AT INTERVALS NOT TO EXCEED 35 FEET AND ARE CLEARLY MARKED "TOW AWAY ZONES" AT LAST EVERY 35 FEET. THE SIGNS SHALL BE INSTALLED WITH THE TOP OF THE SIGN NO HIGHER THAN EIGHT FEET ABOVE GRADE AND NO LESS THAN FIVE FEET ABOVE THE GRADE. DUMPSTERS AND CONTAINERS WITH AN INDIVIDUAL CAPACITY OF 1.5 CUBIC YARDS OR MORE SHALL NOT BE STORED IN BUILDINGS OR PLACED WITHIN TEN FEET OF COMBUSTIBLE WALLS, OPENINGS, OR COMBUSTIBLE ROOF EAVE LINES. THE AUSTIN FIRE DEPARTMENT REQUIRES FINAL ASPHALT OR CONCRETE PAVEMENT ON REQUIRED ACCESS ROADS PRIOR TO THE START OF COMBUSTBILE CONSTRUCTION. ANY OTHER METHOD OF PROVIDING "ALL-WEATHER DRIVING CAPABILITIES" SHALL BE REQUIRED TO BE DOCUMENTED AND APPROVED AS AN ALTERNATE METHOD OF COMPLIANCE IN ACCORDANCE WITH THE APPLICABLE RULES FOR TEMPORARY ROADS OUTLINED IN THE CITY OF AUSTIN FIRE PROTECTION CRITERIA MANUAL. FIRE HYDRANTS SHALL BE INSTALLED WITH THE CENTER OF THE FOUR (4) INCH OPENING (STEAMER) LOCATED AT LEAST 18 INCHES ABOVE FINISHED GRADE. THE STEAMER OPENING OF FIRE HYDRANTS SHALL FACE THE APPROVED FIRE ACCESS DRIVEWAY OR PUBLIC STREET AND SET BACK FROM THE CURB LINE(S) AN APPROVED DISTANCE, TYPICALLY THREE (3) TO SIX (6) FEET. THE AREA WITHIN THREE (3) FEET IN ALL DIRECTIONS FROM ANY FIRE HYDRANT SHALL BE FREE OF OBSTRUCTIONS, AND THE AREA BETWEEN THE STEAMER OPENING AND THE STREET OR DRIVEWAY GIVING EMERGENCY VEHICLE ACCESS SHALL BE FREE OF OBSTRUCTIONS. TIMING OF INSTALLATIONS: WHEN FIRE PROTECTION FACILITIES ARE INSTALLED BY THE CONTRACTOR, SUCH FACILITIES SHALL INCLUDE SURFACE ACCESS ROADS. EMERGENCY ACCESS ROADS OR DRIVES SHALL BE INSTALLED AND MADE SERVICEABLE PRIOR TO AND DURING THE TIME OF CONSTRUCTION. WHEN THE FIRE DEPARTMENT APPROVES AN ALTERNATE METHOD OF PROTECTION, THIS REQUIREMENT MAY BE MODIFIED AS DOCUMENTED IN THE APPROVAL OF THE ALTERNATE METHOD. ALL EMERGENCY ACCESS ROADWAYS AND FIRE LANES, INCLUDING PERVIOUS/DECORATIVE PAVING, SHALL BE ENGINEERED AND INSTALLED AS REQUIRED TO SUPPORT THE AXLE LOADS OF EMERGENCY VEHICLES. A LOAD CAPACITY SUFFICIENT TO MEET THE REQUIREMENTS FOR HS-20 LOADING (16 KIPS/WHEEL) AND A TOTAL VEHICLE LIVE LOAD OF 80,000 POUNDS IS CONSIDERED COMPLIANT WITH THIS REQUIREMENT. FIRE LANES DESIGNATED ON SITE PLANS SHALL BE REGISTERED WITH THE CITY OF AUSTIN FIRE DEPARTMENT AND INSPECTED FOR FINAL APPROVAL. THE MINIMUM VERTICAL CLEARANCE REQUIRED FOR EMERGENCY VEHICLE ACCESS ROADS OR DRIVES IS 14 FEET FOR THE FULL WIDTH OF THE ROADWAY OR DRIVEWAY. COMPATIBILITY STANDARDS NOTES: 1. 2. 3. 4. 5. 6. THIS SITE IS CONSIDERED A MEDIUM CORRIDOR PER ORDINANCE #20221201-56 AND IS SUBJECT TO THE COMPATIBILITY SETBACKS DESCRIBED IN SECTION 25-2-769.04 (F) ALL EXTERIOR LIGHTING WILL BE HOODED OR SHIELDED FROM THE VIEW OF ADJACENT RESIDENTIAL PROPERTY. [SECTION 25-2-1064] ALL DUMPSTERS AND ANY PERMANENTLY PLACED REFUSE RECEPTACLES WILL BE LOCATED AT A MINIMUM OF TWENTY (20) FEET FROM A PROPERTY USED OR ZONED AS SF-5 OR MORE RESTRICTIVE. [SECTION 25-2-1067]. THE USE OF HIGHLY REFLECTIVE SURFACES, SUCH AS REFLECTIVE GLASS AND REFLECTIVE METAL ROOFS, WHOSE PITCH IS MORE THAN A RUN OF SEVEN (7) TO A RISE OF TWELVE (12), WILL BE PROHIBITED. [SECTION 25-2-1067]. THE NOISE LEVEL OF MECHANICAL EQUIPMENT WILL NOT EXCEED 70 DBA AT THE PROPERTY LINE ADJACENT TO RESIDENTIAL USES [SECTION 25-2-1067]. SCREENING FOR SOLID WASTE COLLECTION AND LOADING AREAS SHALL BE THE SAME AS, OR OF EQUAL QUALITY TO, PRINCIPAL BUILDING MATERIALS. N O I T P I R C S E D E T A D . O N 2 2 4 2 - C D T E E R T S H T 7 E 2 2 4 2 N A L P E T I S 2 0 7 8 7 S A X E T , Y T N U O C S I V A R T , N I T S U A SHEET 10 OF 42 SP-2023-0113C 7 of 926 P-2023-0113C - DC-2422; District 3CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM05 DATE: Monday January 8, 2024 CASE NUMBER: C15-2024-0003 ___Y___Thomas Ates (D1) ___-____VACANT (D2) ___Y___Jessica Cohen (D3) ___Y___Yung-ju Kim (D4) ___Y___Melissa Hawthorne (D5) ___-____Jeffery Bowen (D6) -- ABSTAINED ___Y___Janel Venzant (D7) ___Y___Margaret Shahrestani (D8) ___Y___Brian Poteet (D9) ___Y___Michael Von Ohlen (D10) ___Y___Marcel Gutierrez-Garza (M) ___-____Kelly Blume (Alternate) (M) ___-____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) APPLICANT: Richard Suttle OWNER: DC-2422, LLC ADDRESS: 2408, 2410, 2414, 2418, 2422, 2428 E 7TH Street VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2- 1063 (Height Limitations and Setbacks for Large Sites): (a) (C) (1) (a) from height limitations to increase the height limit from two (2) stories and 30 feet (maximum allowed) to three (3) stories and 35 feet (requested), (b) (C) (2) (a) from height limitations to increase the height limit from three (3) stories and 40 feet (maximum allowed) to four (4) stories and 45 feet (requested) and (c) (C) (3) (a) from height limitations to increase the height limit from 40 feet plus one foot for each 10 feet of distance (maximum allowed) to 58 feet (requested), in order to erect an Office building in a “CS-CO-NP”, General Commercial Services-Conditional Overlay-Neighborhood Plan zoning district (Govalle Neighborhood Plan). Note: The Land Development Code Section 25-2-1063 Height Limitations and Setbacks for Large Sites (C) The height limitations for a structure are (1) two stories and 30 feet, if the structure is 50 feet or less from property: (a) in an SF-5 or more restrictive zoning district. (2) three stories and 40 feet, if the structure is more than 50 feet and not more than 100 feet from property. (a) in an SF-5 or more restrictive zoning district. (3) 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. 8 of 926 P-2023-0113C - DC-2422; District 3BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Melissa Hawthorne motions to approve; Board member Michael Von Ohlen seconds on 9-0-1 (Board member Jeffery Bowen abstained) votes; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the subject property is uniquely shaped as a shallow wedge having a long narrow angled configuration with approximately 255.8 linear feet running west to east adjacent to East 7th Street, with an average depth of approximately 91.8 feet running north to south with the short leg 64 feet deep. 2. (a) The hardship for which the variance is requested is unique to the property in that: the shallow wedge shape is a result of a very significant right of way dedication required by the city to shift East 7th St from the original city grid of 150’ deep to its current configuration. (b) The hardship is not general to the area in which the property is located because: the unique configuration of the site provides very little room for development so the additional 5’ and removal of the story limitation would allow for a better mixed-use project. 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: the variance request is for only an additional 5’ with the removal of the story limitation. Jessica Cohen Madam Chair Elaine Ramirez Executive Liaison for9 of 926 P-2023-0113C - DC-2422; District 3