20240528-025: C14-2024-0061 - 2900 Oak Springs; District 1 — original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 1 TO: CS-MU-V-DB90-NP CASE: C14-2024-0061– 2900 Oak Springs Rezoning ADDRESS: 2900 Oak Springs Road ZONING FROM: CS-MU-V-NP SITE AREA: 2.06 acres PROPERTY OWNER: 2900 Oak Springs Horizontal Investors, LP AGENT: Thrower Design LLC (Ron Thrower and Victoria Haase) CASE MANAGER: Marcelle Boudreaux (512-974-8094, marcelle.boudreaux@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant general commercial services –mixed use – vertical mixed use building - density bonus 90 - neighborhood plan (CS-MU-V-DB90-NP) combining district zoning. See details on recommendations on following pages. PLANNING COMMISSION ACTION / RECOMMENDATION: May 28, 2024: CITY COUNCIL ACTION: July 18, 2024: ORDINANCE NUMBER: ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant submitted a rezoning application to request the -DB90 combining district. Case number C14-2024-0061 Page 2 CASE MANAGER COMMENTS: The site is located on the north side of Oak Springs Drive, in the middle of the block formed between Airport Boulevard and Ridgeway Dr/ Webberville Rd. within the Rosewood Neighborhood Plan area. The Property is currently a General warehousing and distribution use, including open air storage of stone. To the north of the site is undeveloped land and apartments, with access to apartments from the north and east (Airport Boulevard). To the east is a Congregate living use (CS-MU-NP), and undeveloped land. Across Oak Springs Drive to the south are Cultural Uses (Willie Mae Kirk Library) and Public Primary educational facility (AISD) (MF-3-NP; P-NP). To the west are single family residences, and duplexes (SF-3-NP). Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). The property is located within the Rosewood Neighborhood Plan Area, and is located within an area that was initiated by the City to zone certain tracts within the Neighborhood Plan area to accommodate the -V zoning district in 2010 (Ordinance No. 20100325-062). Further, a site plan was submitted on or around May 23, 2023, to utilize the “VMU2” density bonus option, and is currently on hold. The applicant is requesting general commercial services– mixed use – vertical mixed use building - density bonus 90 – neighborhood plan (CS-MU-V-DB90-NP) combining district for a proposed development that would include multi-family units requiring an affordable component. A building constructed under density bonus 90 (–DB90) standards allows for a mix of residential uses and commercial uses, and the result is typically retail, restaurants and offices on the ground floor, and residential units on upper levels. The overall project would consist of 240 residential units. A development utilizing the “density bonus 90” incentives is permitted with a base CS zoning district, and must include an affordability component for residential use in order to obtain incentives, including height maximum of 90 feet in the CS zoning district (60 feet base plus 30 feet incentive) and relaxation of development and compatibility standards, such as FAR, setbacks and building coverage. There are several methods of satisfying DB90 development affordability requirements. There are two options for projects including rental units: 1) a minimum of 12% of the rental units in a building are affordable for a 40-year period for households earning 60% or less than the Austin-Round Rock Metropolitan Statistical Area MFI; or 2) a minimum of 10% of the rental units are affordable for a 40-year period as described above for households earning 50% or less MFI. There are two options of satisfying DB90 development affordability requirements which include ownership units: 1) a minimum of 12% of the rental units in a building are affordable for a 40-year period for households earning 80% or less than the Austin-Round Rock Metropolitan Statistical Area MFI; or 2) an in-lieu-fee payment to the Housing Trust Fund, equivalent to the required percentage of the total residential units, including the mix of bedrooms required, at the rate set in the fee schedule at the time of final site plan submission. Case number C14-2024-0061 Page 3 The site plan for this property is currently under review pursuant to an Ordinance which was subsequently invalidated by Court ruling. This current request for the -DB90 combining district continues to align with City objectives to increase density and affordability in exchange for relaxed development standards. BASIS OF RECOMMENDATION: 1. The rezoning should be consistent with the policies and principles adopted by the City Council. City Council has provided policy and direction for having more residential density and increased affordability, as well as incentivizing vertical mixed use buildings throughout the City. City Council previously approved rezoning this property to allow for dense residential development. This request is consistent with the VMU2 density bonus option and Ordinance No. 20240229-073, which replaced the invalidated options. 2. The proposed zoning should be consistent with the purpose statement of the district sought. The general commercial services (CS) district zoning is intended for commercial or industrial uses that typically have operating characteristics or traffic service requirements generally incompatible with residential environments. Mixed Use combining district (MU) is intended for combination with selected base districts, in order to permit any combination of office, retail, commercial, and residential uses within a single development. 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 proposed density bonus 90 (DB90) combining district, in exchange for providing affordable housing units and in combination with commercial base zoning districts, allows a mixture of office, retail, commercial, and residential uses with modifications of compatibility standards and site development regulations including increased building height. The Neighborhood Plan (NP) district denotes a tract located within the boundaries of an adopted Neighborhood Plan. 3. Zoning should promote clearly-identified community goals, such as creating employment opportunities or providing for affordable housing. This rezoning authorizes a property to participate in a voluntary density bonus or incentive program that provides modifications to development regulations or other regulatory-related benefits in exchange for community benefits. In exchange for Case number C14-2024-0061 Page 4 increased development potential, the development is required to comply with affordable housing requirements. EXISTING ZONING AND LAND USES: ZONING Site North MF-3-NP South MF-3-NP; P-NP CS-MU-V-NP East West CS-MU-NP SF-3-NP LAND USES General warehousing and distribution Undeveloped land; apartments Cultural services; Apartments; Public primary educational facility Congregate living; Undeveloped land Single family residences; duplexes Kealing Middle School Eastside Memorial High School SCENIC ROADWAY: No NEIGHBORHOOD PLANNING AREA: Rosewood WATERSHED: Boggy Creek CAPITOL VIEW CORRIDOR: No SCHOOLS: Austin Independent School District Oak Springs Elementary COMMUNITY REGISTRY LIST: Austin Independent School District, Austin Neighborhoods Council, Del Valle Community Coalition, East Austin Conservancy, Friends of Austin Neighborhoods, Homeless Neighborhood Association, Homewood Heights Neighborhood Association, Neighborhood Empowerment Foundation, Preservation Austin, Rosewood Neighborhood Plan Contact Team, Govalle/Johnston Terrace Neighborhood Plan Contact Team, Govalle Neighborhood Association, Guadalupe Neighborhood Development AREA CASE HISTORIES: NUMBER C14-2024-0070 – 3117-3121 E. 12th Street C14-2022-0150 – 3117 & 3121 E. 12th Street To Grant CS-MU-V- CO-NP (5/23/2023) CITY COUNCIL COMMISSION Pending Apvd CS-MU-V-CO- NP as Commission recommended (09-21- 2023). REQUEST CS-MU-V-CO- NP to CS-MU- V-CO-DB90-NP CS-MU-V-CO- NP; CS-1-CO- NP and CS-CO- NP to CS-MU- V-CO-NP SF-3-NP to CS- MU-CO-NP Applicant withdrawal N/A LR-MU-V-NP to CS-MU-CO-NP To Deny (12/8/2015) N/A C14-2021-0125 – Austin Sports Facility – 1138 & 1140 Gunther St C14-2015-0102 – 2612 Sol Wilson Drive Case number C14-2024-0061 Page 5 C14-2013-0055 – Airport Café – 1137 Airport Blvd SF-3-NP to CS- MU-NP To Grant CS-MU-CO- NP (8/13/2013), with conditions to prohibit certain land uses Apvd CS-MU-CO-NP as Commission recommended (10/172013) . RELATED CASES: Site Plan - SP-2023-0196C.SH – submitted on or around May 23, 2023 and on hold/ under review ADDITIONAL STAFF COMMENTS: Comprehensive Planning Project Name and Proposed Use: 2900 OAK SPRINGS DRIVE. C14-2024-0061. Rosewood NP. FLUM: Mixed Use. 2.06 acres from CS-MU-V-NP to CS-MU-DB90-NP. Existing: warehouse (8,300 sf). Proposed: 240 residential units, restaurant, and general retail. Proposal seeks Density Bonus 90 Combining District (Ordinance No. 20240229-073), which sets affordability minimums on ownership and rental units, and further allows for an increase of up to 30 ft in height above the base zone allowance, with a maximum limit of 90 feet in total height. DB90 additionally releases the site from some base zoning district development standards, including maximum floor area ratio. Yes Y Imagine Austin Decision Guidelines Complete Community Measures * 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 *: 0.15 miles west of Airport Blvd Activity Corridor Y Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or light rail station. 0.03 miles to bus stop along Oak Springs Dr Y Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane. • Sidewalk and bike lane present along Oak Springs Dr Y Connectivity, Good and Services, Employment *: Provides or is located within 0.50 miles to goods and services, Y Connectivity and Food Access *: Provides or is located within 0.50 miles of a grocery store/farmers market. and/or employment center. 0.2 miles to Poco loco Supermercado Y Connectivity and Education *: Located within 0.50 miles from a public school or university. 0.3 miles to Oak Springs Elementary School Y Connectivity and Healthy Living *: Provides or is located within 0.50 miles from a recreation area, park or walking trail. 0.3 miles to Oak Springs School Park Y 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.) 0.3 miles to urgent care Y 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. • • • • • • Case number C14-2024-0061 Page 6 Y 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. Y Culture and Creative Economy *: Provides or is located within 0.50 miles of a cultural resource (ex: library, theater, museum, cultural center). • 0.05 miles to Willie Mae Kirk Branch Public Library 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. Y Not located over Edwards Aquifer Contributing Zone or Edwards Aquifer Recharge Zone 13 Number of “Yes’s” 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. Environmental This site is located over the Edwards Aquifer Recharge Zone. The site is in the Boggy Creek 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. Case number C14-2024-0061 Page 7 PARD – Planning & Design Review Parkland dedication will be required for the new applicable uses proposed by this development, multifamily with CS-MU-V-DB90 zoning, at the time of subdivision or site plan, per City Code § 25-1-601. Whether the requirement shall be met with fees in-lieu or dedicated land will be determined using the criteria in City Code Title 25, Article 14, as amended. Should fees in-lieu be required, those fees shall be used toward park investments in the form of land acquisition and/or park amenities within the surrounding area, per the Parkland Dedication Operating Procedures § 14.3.11 and City Code § 25-1-609, as amended. 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. Site Plan Site plans will be required for any new development other than single-family or duplex Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. A 25 foot compatibility buffer is required pursuant to the density bonus 90 program, LDC residential. 25-2. Austin Fire Department No comments. Austin Transportation Department – Engineering Review 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. The traffic impact analysis for this site is not required, the traffic generated by the proposal does not exceed the thresholds established in the City of Austin Land Development Code. [LDC 25-6-113]. The Austin Strategic Mobility Plan (ASMP) calls for 72 feet of right-of-way for OAK SPRINGS DR. It is recommended that 36 feet of right-of-way from the existing centerline should be dedicated for OAK SPRINGS DR according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. 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) Case number C14-2024-0061 OAK SPRINGS DR Local Mobility - Level 2 72 feet 70 feet 43 feet Yes Existing 4 feet sidewalks Page 8 Bike Lane - Protected One- Way Austin Water Utility No comments. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: Exhibit A: Zoning Map Exhibit A-1: Aerial Map Exhibit B: Applicant’s Summary Letter and amendment ( ( S A N C ( ( H E Z S T SF-3-NP ( ( ( SF-3-NP ( LR-MU-CO-NP ( ( = ( ( ( E 1 4 T H S T ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( S P 9 7 - 2 0 P A R K I N G ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( = ( SF-3-NP ( GO-MU-CO-NP C14-06-0166 ( ( L O T C H U R C H 06-0166 E 1 3 T H S T ( GO-MU-CO-NP C14-06-0165 06-0165 ( ( SF-3-NP ( ( ( ( ( ( ( ( SF-3-NP 7 0 - 1 1 9 ( ( ( ( ( ( ( ( ( ( ( ( ( H A R V E Y S T ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( SF-3-NP M C K I N L E Y A V E ( ( ( ( ( LR-MU-NP O F T I C . L L E R Y S T ( ( ( ( ( 7 3 - 1 4 5 7 9 - 2 7 1 CS-MU-CO-NP ( ( ( ( ( 9 2 - 0 0 0 7 ( P R O D U C E ( CS-NP S P 9 2 - 1 3 1 C ! ! P A R ! K I N G ! ! 6 7 - 1 7 ! ! ! CS-CO-NP ! C14-2022-0150 ! A U T O R E P A I R ! ! ! ! ( ( ( ( ( M H ! ! L O U ! N G E APARTMENTS MF-3-NP H A R V E Y S T 64-037 LR-MU-V-CO-NP GR-MU-CO-NP C14-2009-0106 ( 7 0 - 0 3 CS-MU-CO-NP B L D G . ( V A C . ( LR-MU-V-NP ( = E 1 2 T H S T ( 6 7 - 0 ( 6 5 ( = Y T U A E B R E B R A B Q B B LR-MU-NP ( = ( S. APT MF-3-NP CS-MU-V-CO-NP C14-2009-0106 CS-CO-NP A P P L . A P T S . MF-3-NP G A R A G E ( CS-CO-NP 9 3 - 1 6 6 NPA-2013-0008.01 C14-2013-0091 CS-MU-CO-NP ( ( ( CS-MU-V-CO-NP ( ( ( ( ( ( ( ( ( ( ( ( ( NPA-2015-0008.01 ( ( LR-MU-V-NP ( S U M M E R S O A K G R O V E A V E ( ( ( CS-MU-V-CO-NP C14-2009-0106 ( ( ( ( ( SF-3-NP ( ( ( SP-06-0391C ( ( ( ( ( ( ( S O L W I L S O N A V E ( ( ( ( ( ( ( ( = ( = ( ( SF-3-NP ( = = ( ( ( ( ( SF-3-NP ( = T A S R O D N A P MF-2-NP ( 59-94 LR-MU-NP C H U R C H ( ( ( ( ( ( ( ( C14-01-0150 ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( C R E S T A V E ( ( ( ( ( ( ( ( ( ( ( ( M C C L A I N S T C14-2009-0106.001 CS-MU-CO-NP SP-00-2252C ROSEWOOD AVE SF-3-NP P 8 0 - 4 0 CS-MU-V-NP C14-2009-0106 S P - 9 8 - 0 2 3 9 C ! 01-0150 CS-MU-NP 7 2 - 2 5 4 ! ! ! ! ! ! ! O A K S P R I N G S D R R Y D A CS-MU-CO-NP W E G RID CS-MU-NP CS-MU-NP CS-MU-V-NP MF-3-NP 02-0127.SH SP-02-0341C.SH OAK SPRINGS PARK ! ! ! ! ! ! REST HOME CS-MU-V-NP C14-2009-0106 ! ! ! ! ! ! ! TREATMENT\CENTER SP88-0165BS SP-88-165BS ! ! ! T R E A T M E N T \ C E N T E R SF-5-NP ( C14-2022-0052 ( ( ( ( ( C14-02-0142.003 ( ( ( S A R A B E T H W A Y ( SF-3-NP ( T ( L O V D E C G R E ( ( ( E E B R ( SF-3-NP E N W O O D A V E ( ( ( ( ( ( ( ( ( ( ( ( P E N N S Y L V A N I A A V E ( ( P-NP ( ( ( R I D G E D R ( ( ( ( C A R S A L E S ( U N D E V ( LR-MU-NP 52-547 CS-1-MU-NP 64-008 I A R P O Q L I U O R T B L V D 2 2 0 - 1 8 A U T O P A I N T S E R V I C E R S T O R E S C14-02-0142.003 CS-NP P80-88 64-93 CS-MU-NP SF-6-NP 3 4 - 9 6 A U T O R E P . G A R A G E SP-00-2253C C A R \ W A S H P A W N \ S H O P CS-MU-NP CS-NP SP-02-0360C SP-06-0208C SP-89-0245C ( ( ( ( ( ( ( G R E E N W O SF-3-NP O D A V E ( ( ( ( SF-3-NP ( C H U R C H ( ( ( ( ( ( SF-3-NP 8 5 - 2 1 5 LR-MU-NP 87-012 ( 90-061 SHOP ( ( ( SF-3-NP S P - 9 9 - 0 2 7 7 C R Z 8 7 - 1 6 R E S T . R E S T . SERV. STATION CONV. STR. F A S T \ F O O D DRIVE THR U BANK RZ86-66 SP91-132C GROCERY STR. LIBRARY T Y S R E L TIL CS-MU-CO-NP CS-1-MU-CO-NP FAST FOOD LIQUOR STR. FAST FOOD RETAIL STRIP REST. CENTER GR-MU-NP AUTO SUPPLY APARTMENTS MF-4-NP ELEMENTARY SCHOOL D E R L VIL R E B B E W T S S LIA RIO A M R A E T SIS GR-MU-CO-NP SF-3-NP NARCISO GIL ST MF-4-NP MF-3-NP P-NP UNDEV GOODWIN AVE SF-3-NP 87-103 SPC-05-0006C SOCCER FIELD SP90-10102C SF-5-NP SF-3-NP CHURCH SP-98-0402C SF-3-NP BENGSTON ST SF-3-NP KAY ST SF-3-NP CS-MU-NP FAST FOOD SP88-366C SF-3-NP REST./TAVERN LAUNDRY MAT CS-MU-CO-NP ! ! ! ! ! ! ! ! SF-3-NP ! ! ! ! ! SPC-04-0005A GAS/CONV. CS-CO-NP CS-MU-CO-NP C14-2013-0055 NPA-2013-0015.01 T R S E T N U G CS-MU-NP CS-1-CO-NP CS-CO-NP P-NP C14-97-0024 ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY SF-3-NP CS-MU-CO-NP SF-3-NP LO-MU-CO-NP NPA-2021-0016.05.SH C14-2021-0172.SH ZONING ZONING CASE#: C14-2024-0061 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: 4/16/2024 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!=!=!=!=!=!=!=!=!=!=L22L23C14-2024-0061C14-01-0150C14-2009-0106C14-2009-0106C14-2009-0106C14-2009-0106.001C14-06-0166C14-2009-0106C14-06-0165C14-2022-0150C14-2009-0106NPA-2015-0008.01NPA-2022-0008.01C14-2013-0055NPA-2013-0015.01C14-2013-0091C14-2022-0052NPA-2013-0008.01C14-2021-0172.SHNPA-2021-0016.05.SHE 12TH STAIRPORT BLVDGOODWIN AVEE 13TH STTILLERY STOAK SPRINGS DRKAY STE 14TH STGUNTER STHARVEY STRIDGEWAY DRSOL WILSON AVEBENGSTON STWEBBERVILLE RDCREST AVEOAK GROVE AVEMC CLAIN STMC KINLEY AVESARABETH WAYPANDORA STRIDGE DRNARCISO GIL STGREENWOOD AVESUMMERSROSEWOOD AVEPENNSYLVANIA AVESISTER AMALIA RIOS STSANCHEZ STBREEDLOVE CTHARVEY STTILLERY STGREENWOOD AVEP-NPP-NPP-NPMF-3-NPMF-3-NPSF-3-NPSF-3-NPSF-3-NPCS-MU-NPCS-MU-NPSF-3-NPMF-4-NPSF-3-NPSF-3-NPSF-3-NPCS-MU-NPSF-3-NPSF-3-NPSF-3-NPCS-MU-CO-NPGR-MU-NPSF-3-NPMF-3-NPCS-NPSF-3-NPCS-NPCS-MU-V-NPSF-3-NPSF-3-NPCS-MU-V-CO-NPSF-5-NPSF-3-NPCS-NPSF-3-NPSF-3-NPSF-3-NPCS-MU-V-CO-NPCS-MU-CO-NPCS-CO-NPSF-3-NPCS-MU-CO-NPSF-6-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPCS-MU-NPSF-3-NPGO-MU-CO-NPSF-3-NPCS-MU-V-NPCS-MU-CO-NPMF-3-NPCS-MU-NPSF-3-NPGR-MU-CO-NPLR-MU-NPCS-MU-NPSF-3-NPLR-MU-NPMF-3-NPCS-CO-NPCS-CO-NPLR-MU-NPGO-MU-CO-NPLR-MU-V-NPCS-CO-NPLR-MU-V-NPCS-1-MU-NPCS-MU-V-CO-NPSF-3-NPCS-MU-CO-NPSF-3-NPLR-MU-NPCS-MU-CO-NPSF-5-NPMF-2-NPCS-MU-NPGR-MU-CO-NPLR-MU-V-CO-NPLR-MU-CO-NPLR-MU-NPCS-MU-V-NPLO-MU-CO-NPCS-MU-CO-NPCS-MU-CO-NPCS-CO-NPSF-3-NPCS-MU-CO-NPCS-1-MU-CO-NPMF-4-NPCS-1-CO-NP2900 Oak Springs DB90±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.CASE#:LOCATION:SUBJECT AREA:GRID:MANAGER:C14-2024-00612900 Oak Springs Dr2.06 AcresL22Marcelle BoudreauxCreated: 5/22/2024SUBJECT TRACTZONING BOUNDARY!!!!!!PENDING CASECREEK BUFFER0200400600800100Feet May 22, 2024 Ms. Lauren Middleton-Pratt, Director Planning Department City of Austin 1000 E. 11th Street Austin, Texas 78702 RE: DB90 Overlay and 2900 Oak Springs Drive, C14-2024-0061 Dear Ms. Middleton-Pratt, On behalf of our client, 2900 Oak Springs Horizontal Investors, LP, we amend the rezoning application to no longer request a waiver to Section 25-2-652(F)(3)(b) that requires pedestrian oriented uses. Sincerely, A. Ron Thrower P . O . B O X 4 1 9 5 7 , A U S T I N , T E X A S 7 8 7 0 4 1 5 0 7 I N G L E W O O D S T . , A U S T I N , T E X A S 7 8 7 4 1  April 26, 2024 Ms. Lauren Middleton-Pratt, Director Planning Department City of Austin 1000 E. 11th Street Austin, Texas 78702 RE: DB90 Overlay and 2900 Oak Springs Drive, C14-2024-0061 Dear Ms. Middleton-Pratt, On behalf of our client, 2900 Oak Springs Horizontal Investors, LP, we amend the request for rezoning to retain the “-V-“overlay. Therefore, the amended request is CS-MU-V-DB90-NP. All other elements of the original request remain. Please let us know if you have any questions. Sincerely, A. Ron Thrower P . O . B O X 4 1 9 5 7 , A U S T I N , T E X A S 7 8 7 0 4 1 5 0 7 I N G L E W O O D S T . , A U S T I N , T E X A S 7 8 7 4 1  April 1, 2024 Ms. Lauren Middleton-Pratt, Director Planning Department City of Austin 1000 E. 11th Street Austin, Texas 78702 RE: DB90 Overlay and 2900 Oak Springs Drive Dear Ms. Middleton-Pratt, On behalf of our client, 2900 Oak Springs Horizontal Investors, LP, we respectfully request a city- initiated rezoning of the Property to add the DB90 overlay to the existing base zoning district. Pursuant to Ordinance 20240229-073, adopted by the Austin City Council on February 29, 2024, with an effective date of March 11, 2024, the City of Austin is directing additional housing development in areas of Austin where appropriate through the DB90 Overlay. Our position is that this project meets the requirements to receive the DB90 Overlay and to initiate this rezoning endeavor at no cost to the landowner, per conversations with Ms. Joi Harden. Attached you will find an application for the rezoning, along with a tax certificate and other requisite materials to initiate this rezoning request. The existing zoning of the property, according to the Property Profile viewer, is CS-MU-V-NP and the request herein is to pursue a rezoning on the property to CS-MU-DB90-NP. Site Plan SP-2023-0196C.SH was submitted on or around May 23, 2023 and is specific to have taken use of the Density Bonus provisions of Ordinance 20220609-080, commonly known as Vertical Mixed Use Ordinance or “VMU2” to allow for unlimited units with the waiving of site area density limitations as well as some slight relaxations of the Compatibility Standards. As you are aware, Ordinance 20220609-080 was one of three Density Bonus Programs overturned by a Judge based on a lawsuit that was filed by a group of Austin residents. Ordinance 20240229-073 P . O . B O X 4 1 9 5 7 , A U S T I N , T E X A S 7 8 7 0 4 1 5 0 7 I N G L E W O O D S T . , A U S T I N , T E X A S 7 8 7 4 1 (the DB90 Ordinance) specifically allows for projects that had started under one of those three Density Bonus Programs that were subsequently overturned to qualify as a rezoning request with fee waivers to the landowner upon filing of a rezoning request to include DB90. Obviously, this project was impacted by the overturning of the Vertical Mixed-Use Ordinance. Further, under Section 25-2-652(F)(3) within the DB90 Ordinance, there is a Mix of Uses requirement related to DB90 projects. While a mix of uses certainly makes for an active street, not all properties can or should have a mix of uses for varying reasons. Pursuant to Section 25- 2-652(F)(3)(e), the rezoning to add DB90 can modify Section 25-2-652(F)(3)(b) that requires the Pedestrian Oriented uses along certain Principal Streets. In this case, the project is located on an Urban Roadway – Oak Springs, which is a qualifying Principal Roadway to waive the requirement. The justification to waive the requirement is that this roadway is interior to a higher-traffic roadway, Airport Boulevard, where the level of commercial activation envisioned with DB90 may not be appropriate or successful. Instead, the landowner seeks flexibility to build additional residential units at the ground level. For all the reasons here, we submit the rezoning request to add the DB90 Overlay, respectfully request fee waivers for the rezoning, and waive the requirement for the mix of uses. Please let us know if you have any questions. Sincerely, A. Ron Thrower