20240528-027: C14-2024-0059 - 1809 W 35th St ; District 10 — original pdf

Backup

ZONING CHANGE REVIEW SHEET TO: LO-MU-CO-DB90-NP DISTRICT: 10 CASE: C14-2024-0059 – 1809 W. 35th Street ADDRESS: 1809 West 35th Street ZONING FROM: LO-MU-CO-NP SITE AREA: 0.27 acres PROPERTY OWNER: MEA Real Estate Ventures, LLC (Mehrdad Ebrahimi) 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 limited office district - mixed use – conditional overlay - density bonus 90 - neighborhood plan (LO-MU-CO-DB90-NP) combining district zoning. The Conditional Overlay require compliance with the following regulations: 1) For any commercial permitted uses on the Properly that include an outdoor seating area elevated above one story or 15 feet as measured from ground level, the elevated seating area is limited to 2,500 square feet. This condition shall not apply to residential uses. 2) A 5-foot wide vegetative buffer shall be provided and maintained along the south property lines. Any trees planted in the vegetative buffer shall be compatible with utilities and have a spacing of 20 feet. Improvements permitted within the vegetative buffer area are limited to drainage, underground utility improvements, or those improvements that may be otherwise required by the City of Austin or specifically authorized in this ordinance. PLANNING COMMISSION ACTION / RECOMMENDATION: May 28, 2024: May 14, 2024: APPROVED STAFF POSTPONEMENT TO MAY 28, 2024, BY CONSENT. [A. AZHAR; A. HAYNES -2nd] (9-0) P. HOWARD, J. MUSHTALER, R. JOHNSON, A. WOODS – ABSENT Case number C14-2024-0059 Page 2 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, in order for the City to continue review of site plan. CASE MANAGER COMMENTS: The subject property is located on the south side of West 35th Street between Oakmont Boulevard and Jefferson Street, which is a Core Transit Corridor. The property is currently developed with a retail store and one residential unit. Properties to the west are developed with personal services and retail (LR-NP). East of the property are a mix of personal repair services, medical offices, multifamily and financial services (LR-NP; LO-NP; CS-NP). South of the rezoning tract is a residential neighborhood zoned SF-3-NP. Across West 35th Street to the north are properties developed with personal services, retail, medical office, multifamily and retail land use (LO; LR; and MF-3). Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). The applicant is requesting limited office – mixed use – conditional overlay - density bonus 90 - NP (LO-MU-CO-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 10 residential units. The conditions establishing development regulations in the Conditional Overlay for case number C14-2022-0021, which rezoned the site from LR-NP to LO-MU-CO-NP per Ordinance No. 20200901-114, are recommended to be maintained in this new rezoning. A development utilizing the “density bonus 90” incentives is permitted with a base LO district, and must include an affordability component for residential use in order to obtain incentives, including height maximum of 70 feet in the LO district (40 feet base plus 30 feet incentive) and relaxation of development and compatibility standards, such as FAR, setbacks Case number C14-2024-0059 Page 3 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. 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 the Residential in Commercial program, permitting residential uses within commercial districts. This request is consistent with the density bonus option in that program and Ordinance No. 20240229-073 (new DB90), which replaced the invalidated density bonus option. 2. The proposed zoning should be consistent with the purpose statement of the district sought. Limited Office (LO) district is intended for offices predominately serving neighborhood or community needs, which may be located within or adjacent to residential neighborhoods. 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. 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 Case number C14-2024-0059 Page 4 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. 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. 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 increased development potential, the development is required to comply with affordable housing requirements. EXISTING ZONING AND LAND USES: ZONING Site North LO, LR, MF-3 LO-MU-CO-NP South East SF-3-NP LR-NP, LO-NP, CS-NP West LR-NP LAND USES Retail- limited, Single family residential Personal services, Retail- limited, Medical office, Multifamily residential Single family residential Personal repair services, Medical office, Multifamily residential, Financial services Personal services, Retail-limited NEIGHBORHOOD PLANNING AREA: Central West Austin Combined (Windsor) WATERSHED: Shoal Creek - Urban CAPITOL VIEW CORRIDOR: No SCHOOLS: Austin Independent School District Bryker Woods Elementary School O Henry Middle School COMMUNITY REGISTRY LIST: West Austin Neighborhood Group Bryker Woods Neighborhood Association Oakmont Heights Neighborhood Association Austin Neighborhoods Council Preservation Austin Shoal Creek Conservancy Bull Creek Road Coalition Austin Independent School District Friends of Austin Neighborhoods Homeless Neighborhood Association SCENIC ROADWAY: No Austin High School Apvd LO-MU- CO-NP, with conditions regulating development (9/1/2022) Apvd CS-CO-NP as Commission recommended, with enhanced streetscape standards (3-24- 2022). Apvd. 08/15/1996 Ord.# 960815-B Apvd. 03/12/2020 Ord.# 20200312-058 Case number C14-2024-0059 Page 5 Neighborhood Empowerment Foundation Central West Austin Combined Neighborhood Plan Contact Team AREA CASE HISTORIES: Number Request Commission City Council C14-2022- 0021 – 1809 W 35th St LR-NP to LO- MU-NP To Grant LO-MU- NP C14-2021-0137 – 3427 Jefferson Street LR-NP to CS-NP To Grant CS-CO-NP w/CO for list of prohibited uses From SF-3 to GR C14-96-0069 Kerbey Lane Village 1507-1513 W 35th St C14-2019-0163 3405 Glenview Ave Rezone 0.1791 ac from NO-NP to LO-NP To Grant GR-MU-CO: no vehicle access to Kerby Lane; max 2,000 vpd; Site Development Stds per “LR” district; Cond. & Prohibited uses To Grant RELATED CASES: Site Plan - SP-2023-0469C – submitted November 17, 2023, and on hold/under review ADDITIONAL STAFF COMMENTS: Comprehensive Planning 1809 W 35TH STREET. C14-2024-0059. Project: 1809 W 35th Street Rezoning. Central West Austin Combined Neighborhood Plan. FLUM: Neighborhood Mixed Use. 0.27 acres from LO-MU-CO-NP to LO-MU-DB90-CO-NP. Existing: 1 residential unit and 2,403 sf of retail. Proposed: 12 multifamily residential units. 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. Case number C14-2024-0059 Page 6 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 *: 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. • Adjacent to 35th/38th Activity Corridor • 0.01 miles to bus stop along W 35th St • Sidewalk present along W 35th St • • or walking trail. 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. Y Connectivity and Education *: Located within 0.50 miles from a public school or university. 0.3 miles to Bryker Woods Elementary School Y Connectivity and Healthy Living *: Provides or is located within 0.50 miles from a recreation area, park 0.4 miles to Seider Springs Greenbelt 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.) • Health options provided in near proximity along N Mopac Expy, W35th and along Jefferson St 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. 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. 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 9 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. Case number C14-2024-0059 Page 7 Environmental The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Shoal 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. PARD – Planning & Design Review Parkland dedication will be required for the new applicable uses proposed by this development, LO-MU-DB90-NP, 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 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. Case number C14-2024-0059 Page 8 existing development This tract is already developed, and the proposed zoning change is a footprint within the This site is in the Windsor Road Neighborhood Plan Austin Fire Department No comments. Austin Transportation Department – Engineering Review The Austin Strategic Mobility Plan (ASMP) calls for 80 feet of right-of-way for W 35th St. It is recommended that 40 feet of right-of-way from the existing centerline should be dedicated 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 Existing ROW Existing Pavement Sidewalks Bicycle Route ASMP Required ROW Capital Metro (within ¼ mile) W. 35th St Level 3 80’ 65.6’ 44’ Yes No Yes Austin Water Utility No comments on zoning change. The landowner intends to serve the site with existing City of Austin water utilities. Based on current public infrastructure configurations, it appears that service extension requests (SER) will be required to provide service to this lot. For more information pertaining to the Service Extension Request process and submittal requirements contact 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 Exhibit B: Applicant’s Summary Letter, including amendments Public Input SF-3 CP14-73-29 P 99-0113 87-59 C14-99-0113 LO P M A R H T 5 3 O T B S C A P O M N B S Y P X E C A P O M N P M A R B E H T 5 3 O T B S C A P O M N B N Y P X E C A P O M N P M A R B N C A P O M O T H T 5 3 W ( ( ( ( P M A R B S C A P O M O T H T 5 3 W C14-2010-0052 ( ( ( ( ( ( ( ( ( H T S PA E T E P ( ( ( ( ( SF-3 ( ( ( ( ( ( ( ( ( SF-3 E MILIE LN ( ( ( ( ( ( ( ( ( ( ( ( ( D UPLE XE S SF-3 SF-3 S O D N O C D U PLE X E S P 2 8 0 - 7 8 DEPARTMENT OF HIGHWAYS AND PUBLIC ( ( ( ( ( ( ( ( ( ( ( ( SF-3 ( ( ( ( ( ( ( SF-3 C814-2015-0074 PUD TRANSPORTATION ( ( SF-3 ( ( ( ( ( (( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3 ( ( ( ( ( UNZ ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3 ( ( ( ( ( ( ( W 38TH ST ( ( ( SF-3 ( ( ( SF-3 ( ( ( ( SF-3 ( ( ( ( ( D D R WIL ( ( E IDL ( ( ( ( ( ( ( ( ( ( R A D LE E G RID ( ( ( ( ( ( ( ( SF-3 ( ( ( ( ( ( ( ( ( W 39T H S T ( ( ( ( ( ( ( ( ( ( ( ( ( ( W 37TH ST ( ( SF-3 ( SF-3 ( ( ( ( ( ( ( ( ( ( ( ( SF-3 ( ( W 36TH ST ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( SF-3 ( ( ( SF-3 ( ( ( B U L L C R E E K R D 68-185 ( ( ( ( 82-50 72-276 GR OFFICES ( ( ( SF-3 ( ( ( E V A N O T W A L MF-2 81-179 SF-3 ( MF-2 ( 72-276 81-179 ( LO 72-116 72-119 CS-V C14-2008-0004 CS SHOPPING C EN TER MF-3 LR C14-2008-0004 ( ( CS-V C14-05-0103 CS-1-CO 85-115 2008-0004 C14-2008-0004 CS-V G U R D R. T S ( ( ( ( ( SF-3 ( ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( E V A N O S K C A J ( ( SF-3 ( ( ( SP86-47 ( ( 90-052 LO C14-2008-0004 2 2 - 0 8 ( 7 4 1 - 1 8 ( ( C14-2007-0267 ( ( LO-CO C14-2008-0004 LO ( ( D V L B T N O M K A O ( ( ( ( ( ( ( ( W 35TH ST SF-3-NP ( SF-3-NP ( LO 4 2 0 - 2 8 C14-2008-0004 9 1 - 6 6 LR TOWN HOUSES H01-0009 C14H-01-0009 SF-3-H-NP ( 2 1 67-2 LR-NP ! ! ( ! ( ( ( LO-MU-CO-NP ! C14-2008-0003 ! ! ! C14-2022-0021 NPA-2022-0027.01 ! LR-NP ! T TIS N E D S T GIF VEHICLE WHSE. P M A T 5 O 3 H R ( B T C N A P O N M SF-3-NP ( CS ( ( ( ( ( 79-001 CS-H 54-54 T N S O S R E F F JE E R S CS 82-194 GR C L E A N S T A. CS-V C14-2008-0004 AIL T E R D 9 9 3 1-0 0 P- S N O L A S GR-NP C14-2008-0003 SP-06-0430C C14-00-2233 NO-MU-NP LR-NP A B E ( LR-CO-NP N Y L E B R E K 77-161 Y T U 90-18 C14-2022-0010 62-39 ( LR W 38TH ST S P - 0 2 - 0 3 CS-1-CO C14-2023-0125 GR 9 0 C CS P O LD W AIL T E R LR 73-164 67-44 N Y L E B R E K LR Y LT A E R ( AIL T E R ( LR ( GR-V C14-2008-0004 GO 72-97 E S T 38T H S T GR 77-111 CS-1-V C14-2008-0004 GR-V LR C A D R E V D A R O F W A R C P BEAUTY\SALON 2008-0003 C14-2008-0004 C 4 2 2 8-0 P-9 S ( W 3 5 T H S T C T O F C14-2008-0003 GR-V-NP C14-2008-0003 GR-V-NP C 03 4 96-0069 ( GR-MU-CO-NP ( C14-96-0069 ( C14-2008-0003 LINIC 9 6-6 9 C ( 4 6 LO-NP ( 87-1 MF-3-NP FC. O SF-3-NP ( 9 70-1 S ( LR-NP P-02-0 8 9 6-0 E 8 V S A LR-CO-NP MIL L 9 3 1 6-0 0 MF-2-NP C14-06-0139 C14-06-0020 GO-CO-NP GO-CO-NP P-NP E V S A L MIL C14-2008-0003 SCHOOL P-NP SF-3-NP ( ( ( ( ( SF-3-NP ( ( ( ( R D L L I H C R U H C ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( W 3 2 N ( SF-3-NP D S ( T ( ( P-NP SP-02-0189D 87-082 MF-4-NP ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ! ! ( ( LO-NP C14-2008-0003 9 7-3 6 E S T N M T R A P A C 2 3 4 1-0 P-0 S H S A R W A C ART C14-2008-0003 CS-NP DRIVE-INN ( ( ( ( ( LO-NP ( ( SF-3-NP ( ( ( ( ( ( S P-8 8-1 PAR KIN G 9 0 C S CS-NP C14-2008-0003 E V CS-CO-NP C14-2021-0137 LO-NP W A VIE N E L G ( 88-39 NO-NP ( ( R R D E K Y R B ( SF-3-NP ( ( ( ( ( ( ( ( ( NO-MU-CO-NP C14-03-0161 C14-2019-0163 ( LO-NP 03-0161 75-68 ( 82-1 69-27 3 9 ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( W 33R D S T ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( SF-3-NP W 34TH ST ( ( ( ( ( ( SF-3-NP ( ( ( ( W 33RD ST ( ( ( ( ( ( ( ( ( ( D LV T B N O M K A O ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( D LY R R E V E B ( SF-3-NP ( ( ( ( ( ( ( ( ( ( T S N O T S N U F ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( W 30TH ST ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( W 31ST ST SF-3-NP ( ( ( SF-3-NP ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ZONING ZONING CASE#: C14-2024-0059 SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY UNZ ± 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: 4/12/2024 !!!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(H25H26J25J26C14-2024-0059C14-2010-0052C14-2008-0003C14-2008-0003C14-96-0069C14-2008-0004C14-2008-0003C14-2008-0003C14-2008-0003C14-2008-0004C14-2008-0004C14H-01-0009C14-2008-0004C814-2015-0074C14-2008-0003C14-2008-0003C14-2008-0004C14-2008-0003C14-2008-0004C14-2008-0004C14-2022-0021C14-2008-0004C14-2008-0003NPA-2022-0027.01C14-00-2233C14-03-0161C14-06-0020C14-2019-0163C14-2007-0267C14-2008-0004C14-2008-0004C14-2021-0137C14-2022-0010C14-06-0139C14-2023-0125C14-05-0103C14-99-0113W 35TH STW 34TH STJEFFERSON STN MOPAC EXPY SBN MOPAC EXPY NBW 32ND STW 39TH STBRYKER DROAKMONT BLVDBEVERLY RDGLENVIEW AVEW 38TH STJACKSON AVEW 37TH STFUNSTON STW 36TH STPETES PATHBULL CREEK RDLAWTON AVEW 33RD STW 30TH STRIDGELEA DRKERBEY LNCRAWFORD AVEIDLEWILD RDCHURCHILL DRW 35TH ST CTOFMILLS AVEN MOPAC NB TO 35TH RAMPW 35TH TO MOPAC SB RAMPW 31ST STN MOPAC SB TO 35TH RAMPW 35TH TO MOPAC NB RAMPOLD WEST 38TH STN MOPAC SB TO 35TH EB RAMPEMILIE LNKERBEY LNW 38TH STW 33RD STOAKMONT BLVDUNZSF-3UNZP-NPCSPSF-3-NPSF-3PSF-3SF-3CSSF-3-NPSF-3SF-3SF-3-NPSF-3-NPSF-3GOSF-3SF-3SF-3SF-3SF-3SF-3LRSF-3SF-3-NPSF-3-NPSF-3SF-3LRSF-3-NPSF-3-NPSF-3LRSF-3-NPSF-3SF-3-NPSF-3-NPLOSF-3SF-3-NPSF-3SF-3-NPLO-NPSF-3-NPGRSF-3-NPSF-3SF-3-NPGRGR-V-NPGRSF-3SF-3LO-NPSF-3-NPSF-3-NPCS-VCSLOCS-NPSF-3-NPSF-3-NPPUDSF-3-NPPSF-3-NPSF-3LRLOP-NPSF-3LR-NPLRSF-3-NPMF-3PLRLR-NPP-NPSF-3-NPCS-VLO-NPSF-3-NPCS-NPMF-2LR-NPNO-NPLOCSSF-3-NPSF-3-NPGR-VSF-3-H-NPGR-MU-CO-NPGR-VSF-3-NPLRLR-NPLO-NPGR-V-NPSF-3GRMF-2CS-VGR-NPLO-NPLO-COCS-VMF-3-NPMF-2-NPLO-MU-CO-NPLR-CO-NPNO-MU-NPLR-CO-NPGO-CO-NPCS-CO-NPCS-HMF-4-NPNO-MU-CO-NPLOGO-CO-NPCS-1-VCS-1-COCS-1-CO1809 W 35th Street Rezoning±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:C14-2024-00591809 W 35th St0.27 AcresH25Marcelle BoudreauxCreated: 5/3/2024SUBJECT TRACTZONING BOUNDARY!!!!!!PENDING CASECREEK BUFFER0200400600800100Feet May 21, 2024 Ms. Lauren Middleton-Pratt, Director Planning Department City of Austin 1000 E. 11th Street Austin, Texas 78702 RE: DB90 Overlay and 1809 W. 35th Street Dear Ms. Middleton-Pratt, On behalf of our client, MEA Real Estate Ventures, LLC, we submit an amendment to the rezoning application C14-2024-0059, in which we are no longer requesting a waiver to Section 25-2- 652(F)(3)(b) that requires pedestrian oriented uses because it is our understanding that this site does not qualify for the waiver based on this portion of W. 25th Street being a Core Transit Corridor. The matter remains extremely problematic due to the insufficient amount of street frontage for this site to accommodate driveway access, etc. Therefore, we will look to remedy the matter in other ways. 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 1809 W. 35th Street Dear Ms. Middleton-Pratt, On behalf of our client, MEA Real Estate Ventures, LLC, we submit an amendment to the rezoning application C14-2024-0059. After receiving clarification from City Staff regarding the application of the DB90 Overlay with regards to the requested CO the proposes to limit height of structures on the property to no greater than 39.95 feet, we are no longer seeking this Conditional Overlay. The CO adopted per Ord. 20220901-114 remains in-tact. 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  March 28, 2024 Ms. Lauren Middleton-Pratt, Director Planning Department City of Austin 1000 E. 11th Street Austin, Texas 78702 RE: DB90 Overlay and 1809 W. 35th Street Dear Ms. Middleton-Pratt, On behalf of our client, MEA Real Estate Ventures, LLC, 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 LO-MU-NP. However, Ordinance 20220901-114 (attached) includes two Conditional Overlays and therefore the zoning should be labeled as LO-MU-CO-NP. The request herein is to pursue a rezoning on the property to LO-MU-CO-DB90-NP. A Site Plan was submitted with a Withdraw and Resubmit request under Case SP-2023-0469C on November 17, 2023. This Site Plan is specific to have taken use of the Density Bonus provisions of Ordinance 20221201-055, commonly known as Residential in Commercial, and, Ordinance 20221201-056, commonly known as Corridor Overlay, to allow for unlimited units with 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 waiving of site area density limitations as well as some slight relaxations of the Compatibility Standards. As you are aware, Ordinance 20221201-055 and ordinance 20221201-056 were two 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 (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 Residential in Commercial Ordinance. This is specifically reflected in the DB90 Ordinance under Part 5 Rezonings Initiated. The filed Site Plan is a residential only development with 10 units that could not be achieved without a Density Bonus program being available. The intent of the site plan will not change with the granting of a rezoning to allow for DB90 as an Overlay to the base zoning district. To be clear, there were a lot of negotiations with the neighborhood with the rezoning request in 2022 that resulted in a Private Restrictive Covenant that will remain intact. While the City of Austin will not enforce those regulations, we are acknowledging to the public that there is not any pursuit to modify or terminate the provisions of that private RC. Separately, we are requesting to add a Conditional Overlay limiting height to 39.95 feet. 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 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 which is a qualifying Principal Roadway to waive the requirement. Justification to waive the requirement is that the property is very narrow and with the placement of a driveway into the property, there is very little opportunity to add ground-level Pedestrian Oriented uses without a significant impact on the density of the residential units. Other larger area properties are better suited with greater frontages on the roadway to provide for the mix of uses envisioned with the DB90 intent. For all the reasons here, we submit the rezoning request to add the DB90 Overlay, respectfully request fee waivers for the rezoning of the property to add the DB90 Overlay, remove an existing Condition of zoning, and waive the requirement for the mix of uses. Please let us know if you have any questions. Sincerely, A. Ron Thrower