Planning CommissionJune 11, 2024

07 C14-2024-0033 - 1500 W Stassney Lane; District 2 — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2024-0033 – 1500 W Stassney Lane ADDRESS: 1408, 1500 & 1510 West Stassney Lane ZONING FROM: CS-V-NP, LR-NP, GR-V-NP, MF-3-NP DISTRICT: 2 TO: CS-MU-V-DB90-NP SITE AREA: 2.163 acres PROPERTY OWNER: Stassney Land Partners LP (Max Ginsburg) AGENT: Drenner Group (Leah Bojo) CASE MANAGER: Marcelle Boudreaux (512-974-8094, 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. For a summary of the basis of Staff’s recommendation, please see pages 2 – 4. PLANNING COMMISSION ACTION / RECOMMENDATION: June 11, 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 zone, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the C14-2024-0033 Page 2 applicant submitted a rezoning application to request the -DB90 combining district, in order for the City to continue review of site plan. The property is located within the South Austin Combined Neighborhood Plan Area (South Manchaca), and the current FLUM (Future Land Use Map) designation is Neighborhood Node. A Neighborhood Plan Amendment (NPA) is on file with a request to change FLUM to Mixed Use Activity Hub/Corridor and is proposed to be heard at the June 11, 2024 Planning Commission. CASE MANAGER COMMENTS: The subject rezoning area consists of 2.163 acres and is located on the north side of West Stassney Lane, between Union Pacific Railroad right of way and Radam Circle, within the South Austin Combined Neighborhood Plan area, specifically South Manchaca. The property is currently developed with Limited warehousing and distribution use, and a childcare service use (CS-V-NP, LR-NP, GR-V-NP, MF-3-NP). To the north are single family residences (MF-2-NP). Across from the site to the south, with frontage on West Stassney Lane is Austin Oaks Hospital site (PUD-NP). With frontage on West Stassney Lane, west of the site are Food preparation and Personal improvement services uses (GR-V-NP), and to the east is Financial service use (CS-V-NP). Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). The property is located within the South Austin Combined Neighborhood Plan Area, and is located within an area (South Manchaca) that was initiated by the City to zone certain tracts within the Neighborhood Plan area to accommodate the -V combining district in 2007 (Ordinance No. 20071213-087). 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 186 residential units and commercial use. A development utilizing the “density bonus 90” incentives is permitted with a base CS district, and must include an affordability component for residential use in order to obtain incentives, including height maximum of 90 feet in the CS base 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 C14-2024-0033 Page 3 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 methods 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. The City previously undertook zoning of this property with the -V combining district during the Neighborhood Plan process. 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 vertical mixed-use buildings. This request is consistent with the “VMU2” option and Ordinance No. 20240229-073, which replaced the invalidated “VMU2” option. 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 C14-2024-0033 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. 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: Site ZONING CS-V-NP, LR-NP, GR-V-NP, MF-3-NP North MF-2-NP PUD-NP South GR-V-NP East West CS-V-NP LAND USES Limited warehousing and distribution use; Childcare service use Single family residences Hospital services Financial services Food preparation; Personal improvement services SCENIC ROADWAY: No NEIGHBORHOOD PLANNING AREA: South Austin Combined (South Manchaca) WATERSHED: Williamson Creek - Suburban CAPITOL VIEW CORRIDOR: No SCHOOLS: Austin Independent School District Odom Elementary COMMUNITY REGISTRY LIST: Armadillo Park Neighborhood Association, Austin Independent School District, Austin Neighborhoods Council, Friends of Austin Neighborhoods, Go Austin Vamos Austin 78745, Homeless Neighborhood Association, Neighborhood Empowerment Foundation, Onion Creek Homeowners Assoc., Preservation Austin, Salem Walk Association of Neighbors, South Austin Neighborhood Alliance (SANA), South Manchaca Neighborhood Plan Contact Team, Southwood Neighborhood Association AREA CASE HISTORIES: Bedichek Middle School Crockett High NUMBER REQUEST COMMISSION CITY COUNCIL C14-2024-0033 Page 5 C14-2022-0158 – Gobi 250 C14-2019-0071 – Rose Hill Apartments C14-2014-0019 – Garrison Park NP area rezonings C14-2014 -0018 – South Manchaca NP area rezonings LO-MU-CO-NP and LR-MU-CO-NP to CS-MU-V-NP LO-NP to LO-MU- NP To Grant GR-MU- V-CO-NP as staff recommended (5/23/23) To Grant LO-MU- NP (6/25/2019) Add -NP, and design tools, restricted parking and mobile vending Add -NP, and design tools, restricted parking and mobile vending Apvd as Commission recommended (7/20/2023) Apvd as Commission recommended (8/8/2019) Apvd 11/6/2014 Apvd 11/6/2014 RELATED CASES: NPA-2024-0030.01 – requesting change from Neighborhood Node to Mixed Use Activity HUB/ Corridor FLUM designation Site Plan (SP-2023-0175C) – submitted May 15, 2023 ADDITIONAL STAFF COMMENTS: 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 The site is not located over the Edwards Aquifer Recharge Zone. The site is in the Williamson Creek Watershed of the Colorado River Basin, which is classified as a Suburban Watershed by Chapter 25-8 of the City's Land Development Code. The site is in the Desired Development Zone. Under current watershed regulations, development or redevelopment on this site will be subject to the following impervious cover limits: Development Classification % of Gross Site Area % of Gross Site Area Single-Family 50% with Transfers 60% C14-2024-0033 Page 6 (minimum lot size 5750 sq. ft.) Other Single-Family or Duplex Multifamily Commercial 55% 60% 80% 60% 70% 90% 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. Under current watershed regulations, development or redevelopment requires water quality control with increased capture volume and control of the 2 year storm on site. At this time, no information has been provided as to whether this property has any preexisting approvals that preempt current water quality or Code requirements. PARD – Planning & Design Review Parkland dedication will be required for the new applicable uses proposed by this development, multifamily with CS-MU-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 § 25-1-607 (B)(1) & (2). Should the applicant wish to discuss parkland dedication requirements in advance of site plan or subdivision applications, please contact this reviewer: 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. This is subject to compatibility buffer requirements pursuant to density bonus 90 combining district requirements, LDC 25-2. Austin Transportation Department – Engineering Review Additional right-of-way may be required at the time of subdivision and/or site plan. A TIA may be required at the time of site plan submission. C14-2024-0033 Page 7 Austin Fire Department No comments. 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 INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: Exhibit A: Zoning Map Exhibit A-1: Aerial Map Exhibit B: Applicant’s Summary Letter Public Correspondence ( ( SF-3-NP 63-1 3 3 C E N S H T E R O P PIN G ( ( ( ( ( ( ( ( ( C14-79-056 C14-75-130 C14-70-071 GR-NP C14-2014-0017 FA ST FO O D LA U N D R Y 70-071 75-130 D A R C A H C N E M NO-MU-NP ( C14-2018-0141 ( IN V E R N E S S BLV D ( ( C14-2007-0216 GR-V-NP CP70-02 25' B ( ( 71-187 CS-1-NP U F F E R Z O N E ( MF-3-NP GR-NP B E A UT Y\S P82-72 P-NP APARTMENTS C H O OL ( ( ( ( ( ( ( ( ( ST ALB ( A N ( S BLV D ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( F A I R O ( A K ( S D R ( ( ( ( ( ( SF-3-NP ( ( N E E R S G E G ( ( ( ( ( ( ( ( ( T G S ( R O E ( > ( > > > > > C14-2014-0018 WILLIAMSON CREEK GREENBELT SF-3-NP ( ( ( ( CALAIS CT ( ( ( ( ( ELECTRIC SUBSTATION P-NP 87-044 CP72-063 ( ( SF-3-NP ( ( SF-3-NP ( G D R ( ( LA N SIN ( ( ( ( ( ( ( ( M E A D O W C R E E K C I R ( ( ( ( ( ( ( ( ( ( ( A D O W C R E ( ( K D R ( E ( M E ( SF-3-NP ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( MF-2-NP ( ( ( ( SF-3-NP ( ( ( ( ( RADAM CIR ( ( ( ( VACANT 68-129 GR-NP SP-03-0503C SP-03-0514D 73-219 R E S T. GR-V-NP C14-2007-0216 SAVIN G S ASSN. SF-3-NP ( ( ( B RIT T A N ( ( ( MF-3-NP ( Y B L V D 68-129 73-219 CROCKETT\HIGH\SCHOOL 73-141 ( ( ( SF-3-NP ( Y W S H ( ( G KIN ( ( 96-0434C LO-V-NP C14-2007-0216 ( 73-141 ( LO-NP ( ( ( > > > LO-MU-NP > C14-2019-0071 ( ( SF-3-NP > 75-06 > > > > R O S E HILL CIR > > LO-NP > > > > > PAR KIN G M Y G SKATIN G LR-NP ! ! ( ( ! ! ( ! ! ( ! W CIR ( ( ( MF-2-NP ( ( ( ( ( ! ( ( ( ( ( ( ( MF-2-NP ( SALE M M E A D O ( ( ( ( ( ( CS-V-NP ! 70-043 ! ! ! 8 -1 7 P C ! ! ! ( ! ! E R A ! Y C A ! D 72-259 ( ( ( ( ( C14-2007-0216 MF-3-NP ! ! ! ! ! GR-V-NP 72-240 ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( H U NTERS GLN ( ( ( ( ( ( S A L E ( M H I L L D R ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( LR-NP UNDEV CENTRAL PARK CT UNDEV ( ( ( ( ( 69-128 SF-6-CO-NP C14-02-0005 SP-02-0416C ( SF-3-NP ( ( ( ( SF-3-NP SALEM PARK CT P83-099 UNDEV GR-NP S W A Y D E N L N PUD-NP SP-03-0049C C814-86-030 P86-018 N U N R O BIC U R H O M E S P U N R D THE OAKS DIRECT CARE FACILITY C814-86-30 86-018 ( ( ( ( ( L I B Y A N C I R ( ( ( SF-3-NP ( W STASSNEY LN UNDEV ( ( ( ( ( ( C14-00-2178 00-2178 NPA-2022-0030.01 SP-03-0072C C14-2022-0158 GR-MU-V-CO-NP SP-04-0017C 71-220 GR-NP CONDOS C14-07-0017 00-2178 ( ( ( ( SF-3-NP D U P L E X E S ( MF-2-NP ( ( ( ( ( ( ( ( R N D YA LIB ( ( ( ( ( ( ( C14-2014-0019 ( ( ( ( S A VA N ( A D R ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( S A H A R A A V E ( ( ( SF-3-NP ( ( ( N U R R A C X O B T ( ( ( U R T L E C ( SF-3-NP ( ( ( ( ( ( ( ( SF-3-NP ( ( R E E K B LV D ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( R E D V A J O M ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( R A D K E R U E ( ( ( ( ( ( ( ( ( ( ( DUPLEX G O BI D R ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( SF-3-NP ( 84-289 C A S A D R S S A E P L VIL N A C N U D ( ( ( ( R T D S E R O 85-210 CS-1-NP GR-NP CHILD CARE LD F A R E M E ( ( ( SF-3-NP ( ( ( ( C H E ( SF-3-NP ( R R Y P A R K ( ( ( ( ( SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ZONING ZONING CASE#: C14-2024-0033 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: 3/13/2024 HIGH SCHOOL SF-3-NP FO O TBALL FIELD P-NP ( ± !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!>!>!>!>!>!>!>!>!>!>!>!>!>!>!>!>!>!>!>!>!>!>F17G17F18G18C14-2024-0033C14-2014-0018C14-2014-0019C14-02-0005C14-2007-0216C14-2022-0158NPA-2022-0030.01C14-00-2178C14-2014-0017C14-07-0017C14-2007-0216C14-2007-0216C14-2007-0216C14-2019-0071C14-2018-0141KINGS HWYRADAM CIRW STASSNEY LNLIBYAN DRGOBI DREMERALD FOREST DRCASA DRSALEM HILL DRST ALBANS BLVDSAHARA AVEMOJAVE DRINVERNESS BLVDMENCHACA RDRUBICON RUNFAIR OAKS DRSWAYDEN LNHOMESPUN RDEUREKA DRCHERRY PARKROSE HILL CIRBOXCAR RUNST GEORGES GREENSALEM MEADOW CIRSALEM PARK CTCALAIS CTLANSING DRCENTRAL PARK CTBRITTANY BLVDMEADOW CREEK DRDUNCANVILLE PASSHUNTERS GLNTURTLE CREEK BLVDLIBYAN CIRSAVANA DRMEADOW CREEK CIRPUD-NPSF-3-NPSF-3-NPGR-NPSF-3-NPP-NPP-NPSF-3-NPSF-3-NPSF-3-NPMF-2-NPSF-3-NPLO-NPSF-3-NPSF-3-NPSF-6-CO-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPMF-2-NPSF-3-NPMF-2-NPSF-3-NPCS-V-NPGR-NPSF-3-NPGR-MU-V-CO-NPSF-3-NPGR-V-NPGR-NPSF-3-NPSF-3-NPSF-3-NPMF-2-NPGR-NPSF-3-NPGR-V-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPLR-NPLO-V-NPSF-3-NPMF-3-NPGR-V-NPLO-NPMF-3-NPLO-MU-NPCS-1-NPLR-NPP-NPSF-3-NPGR-NPNO-MU-NPMF-2-NPMF-3-NPCS-1-NPSF-3-NPCS-1-NPGR-NP1500 W Stassney Lane±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:C14-2024-00331408, 1500, 1510 W Stassney Ln2.163 AcresG17Nancy EstradaCreated: 4/17/2024SUBJECT TRACTZONING BOUNDARY!!!!!!PENDING CASECREEK BUFFER0200400600800100Feet Leah M. Bojo 512-807-2918 Ms. Lauren Middleton-Pratt Planning Department City of Austin 1000 E 11th Street Austin, TX 78702 Dear Ms. Middleton-Pratt: March 12, 2024 Via Electronic Delivery Re: 1500 W Stassney Lane – Rezoning and Neighborhood Plan Amendment applications for the 2.16-acre property located at 1408, 1500 and 1510 W Stassney Lane, Austin, TX 78745 (the "Property"). As representatives of the owners of the Property, we respectfully submit the enclosed rezoning and Neighborhood Plan Amendment (“NPA”) application packages. The project is titled 1500 W Stassney Lane and is 2.16 acres of land, located on the north side of W Stassney Lane between the Union Pacific railway right of way to the east and Radam Circle to the west. The Property is in the Full Purpose Jurisdiction of the City of Austin. A site development permit was submitted to the City of Austin (the “City”) on May 15, 2023, assigned permit number SP-2023-0175C (the “Project”), and is currently in review for the development of a for- rent, residential mixed use building with ground-floor commercial uses on the Property. The Project intended to develop the Property with a VMU2 Building as part of the City’s Vertical Mixed Use Program that was approved on June 9, 2022, via Ordinance No. 20220609-080 (the “VMU2 Ordinance”). Due to the outcome of the Travis County District Judge Jessica Mangrum’s Order issued on December 8, 2023, relating to the litigation between the City and certain private plaintiffs, Acuña et al. v. City of Austin, Cause No. D-1-GN-19-008617, which invalidated the VMU2 Ordinance from its inception, we respectfully submit this this rezoning application request for the Property. The Property’s zoning currently consists of four zoning designations: CS-V-NP (General Commercial Services – Vertical Mixed Use Building – Neighborhood Plan), LR-NP (Neighborhood Commercial – Neighborhood Plan), GR-V-NP (Community Commercial – Vertical Mixed Use Building – Neighborhood Plan) and MF-3-NP (Multifamily Residence Medium Density – Neighborhood Plan. The requested rezoning is from CS-V-NP, LR-NP, GR-V-NP and MF-3-NP to CS-MU-V-DB90-NP (General Commercial Services – Mixed Use – Vertical Mixed Use Building – Density Bonus 90 – Neighborhood Plan). With this rezoning request, the Owner requests to add the DB90 (Density Bonus 90) combining district, that was recently approved on February 29, 2024, by the Austin City Council via Ordinance No. 20240229-073, (the “DB90 Ordinance”), attached herein. The purpose of the rezoning is to create a comprehensive zoning designation for the Project using the CS base district that is the majority of the Property’s zoned area and so that the site development permit currently in review for the Project may be released. The DB90 combining zoning district requires the Project to reserve a minimum of 10% of the residential units as affordable for households earning no more that 50% of the area Median Family Income (MFI), or 12% of 2705 Bee Caves Road, Suite 100 | Austin, Texas 78746 | 512-807-2900 | March 12, 2024 Page 2 the residential units as affordable for households earning no more that 60% of the area MFI. The Property is currently developed with two vacant commercial office buildings and a warehouse. The Property is located in the South Austin Combined Neighborhood Planning Area – South Manchaca subdistrict and has a Future Land Use Map (FLUM) designation of Neighborhood Node. A Neighborhood Plan Amendment (NPA) is required with this rezoning request to change the FLUM from Neighborhood Node to Mixed Use Activity Hub/Corridor. The Project supports the neighborhood plan’s Mixed Use Activity Hub/Corridor policy no. 5, that, “[n]ew buildings should be mixed-use, with pedestrian-oriented ground floors”, as well as Housing Affordability action no. 10, by encouraging “affordable housing near schools.” The Project is located within ¼ mile of the Crockett Early College High School and ½ mile from Odom Elementary School. The site development permit that is currently in review for the Project previously relied upon the VMU2 Ordinance that was invalidated. Per Part 5 of the adopted DB90 ordinance, the City Council waives the fees related to this rezoning application and the required NPA application necessitated by this zoning change. Please let me know if you or your team members require additional information or have any questions. Thank you for your time and attention to this project. Sincerely, Leah M. Bojo cc: Joi Harden, Planning Department (via electronic delivery) Maureen Meredith, Planning Department (via electronic delivery) Jim Gobel, Development Services Department (via electronic delivery) VERBAL COMMENTS 04/25/24 (phone) Don’t want zoning changes to effect the en��es affec�ng the area. Don’t want to impact the neighbors and the daycare users, especially the low income. The Daycare is affordable. Taller buildings not supported, very residen�al area and a high school nearby, this would change the culture of the area. Lilian Mar�nez,