12 C14-2024-0073 - 2700 S. Lamar DB90 Rezoning; District 5 Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 5 TO: CS-MU-V-CO-DB90, GR-MU-V-CO GR-MU-V-CO-DB90 CASE: C14-2024-0073 – 2700 S. Lamar DB90 Rezoning ADDRESS: 2800 & 2802 South Lamar Boulevard, 2805 & 2807 Skyway Circle ZONING FROM: CS-MU-V-CO, SITE AREA: 1.35 acres PROPERTY OWNER: Seamless LMA, Ltd (John Mooney) AGENT: Armbrust & Brown, PLLC (Michael Whellan) CASE MANAGER: Marcelle Boudreaux (512-974-8094, marcelle.boudreaux@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant general commercial services – vertical mixed use building – conditional overlay - density bonus 90 – neighborhood plan (CS-MU-V-CO- DB90) combining district zoning on Tract 1 and to grant community commercial services – vertical mixed use building – conditional overlay - density bonus 90 – neighborhood plan (GR-MU-V-CO- DB90) combining district zoning on Tract 2. The Conditional Overlay would: 1) Prohibit the following uses in the CS base zoning district in Tract 1: Automotive repair services, Automotive rentals, Automotive sales, Automotive washing (of any type), Bail Bond Services, Exterminating Services, Outdoor Sport and Recreation, Pawn Shop Services, Service Station; and 2) Prohibit the following uses in the GR base zoning district in Tract 2: Alternative Financial Services, Automotive rentals, Automotive Repair Services, Automotive Sales, Automotive washing (of any type), Bail Bond Services, Bed & Breakfast (Group 1), Bed & Breakfast (Group 2), Business or Trade School, Community Events, Community Garden, Cultural Services, Drop-off Recycling Collection, Exterminating Services Facility, Funeral Services, Hospital Services (General), Mobile Home Residential, Outdoor Entertainment, Outdoor Sports and Recreation, Pawn Shop Services, Printing and Publishing, Service Station, Urban Farm. PLANNING COMMISSION ACTION / RECOMMENDATION: June 25, 2024: Case number C14-2024-0073 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 this new rezoning application to request the -DB90 combining district. The conditions establishing prohibited uses for Tract 1 & Tract 2 in case number C14-2023- 0036 are recommended to be maintained in this new rezoning, as requested by the applicant. Planning Commission Previous Action July 25, 2023: Approved CS-MU-V-CO, GR-MU-V-CO combining district zoning as staff recommended, by consent, [WOODS; CONOLLY – 2ND] (11-0) J. MUSHTALER – ABSENT, ONE VACANCY ON DAIS City Council Previous Action October 5, 2023: Approved GR-V-CO-NP district zoning as Planning Commission recommended, by consent. VOTE: 8-0. Council Member A. Alter, Pool were off the dais. Council Member Harper-Madison was absent September 14, 2023: Approved Neighborhood postponement to October 5, 2023, by consent. VOTE: 7-0. Mayor Pro Tem Ellis was off the dais. Council Members A. Alter, Harper-Madison and Pool were absent. Prior Rezoning Case C14-2023-0036 Ordinance No. 20231005-037, approved October 5, 2023 CASE MANAGER COMMENTS: The subject site consists of two tracts, one with frontage onto South Lamar Boulevard and one with frontage onto Skyway Circle, and are part of a larger development to include a mix of Case number C14-2024-0073 Page 3 uses and approximately 475 multifamily units. Both of the subject tracts are developed, fronting South Lamar Boulevard with vacant commercial buildings. Skyway Circle is developed primarily with fourplex residential buildings. To the north of the site on Skyway Circle, the lots are primarily developed with fourplex buildings (MF-3). To the south across South Lamar Boulevard are Restaurants – general and limited, and multifamily apartments (CS-V, GR-CO). To the east with frontage on South Lamar Boulevard are vacant commercial buildings and Pet services use (GR, MF-6), and to the west are multifamily apartments (MF-3, GR-V). Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). The site is located within the suspended South Lamar Combined Neighborhood Plan area (specifically Zilker), and a portion 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 2008 (Ordinance No. 20081016-049). The applicant is requesting general commercial services – mixed use - vertical mixed use building - conditional overlay- density bonus 90 (CS-MU-V-CO-DB90) combining district zoning on Tract 1 and community commercial services – mixed use - vertical mixed use - conditional overlay building - density bonus 90 (GR-MU-V-CO-DB90) combining district zoning on Tract 2 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 include a mix of uses including 90 units of multifamily residential, part of a larger project with approximately 475 units. A development utilizing the “density bonus 90” incentives is permitted with a base CS district and a base GR district, and must include an affordability component for residential use in order to obtain incentives, including height maximum of 90 feet in the CS district and GR district (60 feet maximum in each base district 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 Case number C14-2024-0073 Page 4 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. A similar rezoning request was previously approved for this property by the Planning Commission and City Council. However, the Court’s ruling invalidated the bonuses authorized for a “VMU2” building. The analysis and basis for recommendation for the previous -V combining district is the same for this rezoning request to add the -DB90 combining district. 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 (new DB90), 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. Community commercial district (GR) is intended for office and commercial uses serving neighborhood and community needs, including both unified shopping centers and individually developed commercial sites, and typically requiring locations accessible from major traffic ways. 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 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. The proposed density bonus 90 (DB90) combining district, in exchange for providing affordable housing units and in combination with commercial base zoning districts, Case number C14-2024-0073 Page 5 allows a mixture of office, retail, commercial, and residential uses with modifications of compatibility standards and site development regulations including increased building height. 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 CS-MU-V-CO, GR- MU-V-CO Vacant commercial; Apartment LAND USES CS-V, GR-CO GR, MF-6 Apartments Restaurants – general and limited; Apartments Vacant commercial; Pet services Apartments North MF-3 South East West MF-3, GR-V NEIGHBORHOOD PLANNING AREA: South Lamar Combined NP Area - Zilker (suspended) WATERSHED: Barton Creek CAPITOL VIEW CORRIDOR: No SCHOOLS: Austin Independent School District Barton Hills Elementary School O Henry Middle School Austin High School COMMUNITY REGISTRY LIST: Austin Independent School District, Austin Neighborhoods Council, Friends of Austin Neighborhoods, Homeless Neighborhood Association, Neighborhood Empowerment Foundation, Preservation Austin, South Central Coalition, Save Our Springs Alliance, South Lamar Neighborhood Association, Barton Hills Neighborhood Association, Friends of Zilker, Zilker Neighborhood Association AREA CASE HISTORIES: SCENIC ROADWAY: No Number C14-2023-0036 – 2700 S. Lamar Follow-up 2 Request GR-V-CO & GR- MU-CO to GR-MU- V and CS-MU-V Commission To Grant GR-MU- V-CO and CS-MU- V-CO, as staff recommended, with City Council Apvd as Commission recommended (10/5/2023) Case number C14-2024-0073 Page 6 C14-2024-0053 – 2709 S. Lamar C14-2022-0174 – 2700 S. Lamar Follow-up C14-2020-0144 – 2700 S. Lamar C14-2012-0020 – 2807 Manchaca Road C14-2008-0060 CS-V to CS-V- DB90 MF-3 to MF-6 prohibitions on uses (7/25/2023) Pending To Grant MF-6 (7/25/2023) MF-3; GR; GR-V; GR-V-CO; CS-1-V to MF-6 GR-CO to GR-CO Forward to City Council w/o recommendation (6/8/2021) Zilker Vertical Mixed Use Building (V) Rezoning Apvd as Commission recommended (10/5/2023) Apvd MF-6 (11/18/2021) Apvd as Commission recommended (3/22/2012) Apvd -V combining district (10/16/2008) RELATED CASES: Site Plan – SP2023-0283C – submitted July 24, 2023 C14-2023-0036 – 2700 S. Lamar Follow up 2 rezoning to CS-MU-V-CO and GR-MU-V-CO (Ordinance No. 20231005-037) ADDITIONAL STAFF COMMENTS: Comprehensive Planning Project Name and Proposed Use: 2800 S LAMAR BOULEVARD. C14-2024-0073. Project: 2700 South Lamar DB90 Rezoning. South Lamar Combined Planning Area (suspended). Project: 2800 South Lamar DB90 Rezoning. 1.35 acres from CS-MU-V-CO & GR-MU-V-CO to CS-MU-V-CO-DB90 & GR-MU-V-CO-DB90. Existing: vacant. Proposed: 90 mixed use residential units and retail (5,000 sf). 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 Imagine Austin Decision Guidelines Complete Community Measures * Y Imagine Austin Growth Concept Map: Located within or adjacent to an Imagine Austin Activity Center, Imagine Austin Activity Corridor, or Imagine Austin Job Case number C14-2024-0073 Page 7 Center as identified the Growth Concept Map. Names of Activity Centers/Activity Corridors/Job Centers *: • Adjacent to Lamar Boulevard Activity Corridor Y Mobility and Public Transit *: Located within 0.25 miles of public transit stop • Adjacent to multiple bus stops along S Lamar, including rapid bus stops and/or light rail station. withing 0.25 miles lane. Y Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike • Sidewalk present along S Lamar Blvd 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. Connectivity and Education *: Located within 0.50 miles from a public school or university. Connectivity and Healthy Living *: Provides or is located within 0.50 miles from a recreation area, park or walking trail. • 0.4 miles to Tom Lasseter South Lamar Neighborhood Park 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 within 0.5 miles concentrated along S Lamar Blvd focus on dental, optometry and mental health services 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. Y 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. Y Y Case number C14-2024-0073 Page 8 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. Environmental This site is located over the Edwards Aquifer Recharge Zone. The site is in the Barton Creek Watershed of the Colorado River Basin, which is classified as a Barton Springs Zone Watershed by Chapter 25-8 of the City’s Land Development Code. It is in the Drinking Water Protection Zone. Project applications at the time of this report are subject to the SOS Ordinance that allows <15% impervious cover in the recharge zone. 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. Runoff from the site is required to comply with pollutant load restrictions as specified in Land Development Code. 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 C14-2024-0073 Page 9 PARD – Planning & Design Review Parkland dedication will be required for the new applicable uses proposed by this development, multifamily with 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. 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. 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. There is a site plan currently under review for this property (SP-2023-0283C). DB90 Rezoning This site must meet affordability minimums to be eligible for DB90. A signed approval letter from the Housing Department will be required with site plan submittal. S Lamar Blvd is the Principal Street for this site. Any buildings fronting this street will be required to have 75% of the ground floor as commercial uses. This site is adjacent to a site that contains one to three dwelling units and is zoned SF-5 or more restrictive. A compatibility buffer 25’ in width, designed to 25-8-700 and 25-2-652(G) will be required. Austin Fire Department No comments. Austin Transportation Department – Engineering Review Additional right-of-way maybe required at the time of subdivision and/or site plan. The adjacent street characteristics table is provided below: Case number C14-2024-0073 Page 10 Name ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route Capital Metro (within ¼ mile) Level 1 58’ 60’ 36’ No No Yes Level 3 120’ 126’ 60’ Yes Yes Yes Skyway Circle South Lamar Boulevard Austin Water Utility No comments on zoning change. The landowner intends to serve the site with existing City of Austin water utilities. Depending on the development plans submitted, water and or wastewater service extension requests may be required. All water and wastewater construction must be inspected by the City of Austin. 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 ( ( ( ( ( ( ( ( ( SF-3 ( ( ( ( ( ( ( ( SF-3 ( ( ( SF-3 R W D VIE R A D E C ( ( ( ( ( ( ( ( ( ( ( O A K L A N E D R ( ( SF-3 ( ( ( ( ( ( ( ( ( R A K P A O ( ( ( SF-3 ( R K D ( ( ( ( B A R T O N S K W Y ( ( ( ( ( ( ( ( ( E V L A L E E D A R ( ( ( ( SF-3 ( ( ( ( ( ( R N D ( ( ( E V A K H A O ( ( SF-3 ( ( ( ( ( ( OAK HAVEN CIR ( ( ( ( ( ( ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3 ( ( ( ( ( ( E L M G L E N D R ( ( SF-3 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3 ( ( ( ( ( ( ( ( ( SF-3 ( ( ( ( ( ( ( ( SF-3 ( ( ( E ( T AV ( ( N U O M A R PA ( ( SF-3 ( ( ( ( ( SF-3 ( ( ( ( ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( ( ( ( ( E D A R ( ( ( E E L L A V ( ( ( ( ( ( ( ( ( 1 X 6 0' ( B A R T O ( CP74-11 P81-003 8 5 -2 1 2 P82- 103 ( ( 84-111 SF-3 P84-107 SPC-2007-0345A MF-3-CO SF-3 ( ( ( ( ( L A C ( A S ( ( ( A D R ( ( ( ( SP-2007-0240DS MF-3 MF-4 ( 8 6 - 2 0 1 R C ( P R I N T ( ( NO GR GR-V C14-2008-0060 SF-3 ( ( ( SF-3 ( D E V E R N ( ( E S T ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( GO ( ( SF-3 ( ( A R P D ( ( SF-3 ( ( R FE UF 5' B ALE S ( T ( COND OS LO 82-04RC CS C14-2008-0060 C14-2008-0060 CS-1 CS ( R I P E T R T S N E C 03-0078 CS-1 L I Q U O R \ S T O R E T A I R O P O E B R C14-2008-0070 GR-CO C14-02-0189 SP-04-1053C LO-V-CO ( LR-CO C14-04-0060 RETAIL C14-2009-0148 ( ( ( ( ( ( ( ( O B R N A N A E R AV ( M O N T C L ( ( ( SF-3 ( A I R 7 8 E - 3 S ( 7 9 -1 ( 4 4 3 T ( LR-MU-CO C14-03-0078 C14-2008-0060 LO ( SF-3 C RESTVALE D R ( SF-2 ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( ( ( SF-3 ( ( ( R D K C O R T S E W ( ( WESTWORTH CIR ( ( ( ( ( ( ( ( ( ( ( ( ( ( W E ( ( ( R L D H I L T S ( ( ( ( ( ( ( ( N V I L L A G ( ( E C I R ( ( SF-3 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( GR P T S. A ( SF-3 ( ( ( ( ( ( ( ( ( ( WESTWAY CIR ( ( ( ( ( ( R D T S E R O F T S E W ( ( ( ( ( ( ( ( ( ( ( SF-3 ( ( R D K A O T S E W ( ( ( ( ( P I N G S H O P - C14-2008-0043 GR-V R E N E Q U I P. T A L B A R T R A I L E R S A L E S C14-2008-0043 GR-V D R B L V A M S L A 2008-0043 O F F I C E L A N S C A P E 85-368RC CS-1-V ( MF-6 C14-2020-0144 P O O L H A L L C14-2008-0060 ( ( C14-2022-0174 ( ( Y K S ! A Y C I R W ( MF-3 ! ( ! ! ! ! ( GR-MU-V-CO ( ! ! ! ! U ! D N L A ! Y R ! C14-2023-0036 C14-2013-0046.SH CS-MU-V-CO ! ! GR ! ! ! GR-V ! ! ! ! ! ! ! ! ! ! CS-V ! ! ! ! ! ! C14-2008-0019 ! 2008-0019 ! ! CAR SALES AUTO SERVICE ! M I N I- W ! ! ! A R E H ! O U ! ! S E S ! ! OFFICE/WAREHOUSE 2007-0083 S E S R T A V I C T I O E M T N P A R U S F F L E R D R A C A H C N E M CS-V AUTO PARTS F A T S F O O D C14-2007-0011 CS 2007-0011 GR-CO C14-2012-0020 C14-2007-0083 SP-01-0444CS GR D I C K S O GR N D R FAST FOOD FA ST \F OOD 04-0060 OFFICE CS LO-MU-CO C14-05-0033 SP-06-0259C SP-06-0697C MOBILE\HOM E\PARK U N D E V MF-2 72-35 R E S T A U R A N T C14-2008-0019 S P 8 6 - 4 5 O F F I C E C H U R C H RZ86-061 SP-99-2187C 90-0080 C14-90-0080 LO-CO 06-0189 ! ! ! ! ! ! ! ! ! ! C14-06-0189 SF-5-CO ! ! ! ! ( ! C14-2014-0165 SF-6-CO SP85-133 CHURCH SP88-34 SP-90-0187DS ! ( ! ! ! ! ! ! ! ( ! ( ! ! ! SF-3 ( ( ( SF-3 ( SF-6 ( SF-3 ( SF-3 ( ( SF-3 ( ( ( ( ( ( D O R T R U L C E D ( ( ( DAY CARE ( L I G H T S 84-127 E Y R D ( ( MF-2 ( ( ( SF-3 7 9 - 1 4 0 CODY CT ( ( ( MF-2 APTS. APTS. ( ( ( P-CO ( C14-2010-0075 SF-6-CO C14-2009-0159 ( C14-2007-0233 SF-6-CO C14-2023-0098 SF-5-CO C14-2014-0050 SF-5-CO ( T L A R D D N ( SF-3 ( ( SF-3 ( S E W ( ( SF-6-CO NO-CO C14-96-0077 GR-CO 96-0077 T I C R E E N W H T E S E R GR T I R E S H O P M U F F L E B I K E S H O P R S H O P ± A U T O S A L E S V E T CS-V C14-2008-0019 GR-V 81-244RC C14-05-0142 LR-CO 05-0142 76-24 84-126 A U T O 6 9 -1 9 6 2008-0043 C14-2008-0043 GR-V E P R A I R C14-2013-0127 C14-2012-0165 CS-1-V A U T O E L E C T R I C G L A S S S H O P CS C A R CS-H C14H-2022-0176 P E T S A L E S CS-1-V R E S T A U R A N T UNDEV 2 R C 3 - 2 8 C14-2014-0173 C14-98-0246 GO-MU-CO SP-03-0236C P83-007 S H T O R P A T I R E S A P P H O L I A P N N S M I S S I O N C E S H O P GR 81-143 C14-2017-0079 LO-MU C14-2017-0080 = ( MF-2 APT S. GLE N A L LE N ( LO 84-362 OFFICE NO ( ( SP85-183 MF-2 ( APT S. = 84-3 7 1 A R O N E L G MF-2 21.3 U/A CONDOS S P 9 4 - 0 2 9 4 C 9 4 - 0 0 2 LO-MU-CO UNDE V MF-3-CO ( ( SF-3 ( ( ( = = ( ZONING SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ZONING CASE#: C14-2024-0073 = ( SF-6-CO ( C14-2012-0032 MF-2 A P T S. = SF-3 ( ( LIG H T S E Y R D SF-3 SF-3 ( ( 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: 5/6/2024 ARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 April 30, 2024 Joi Hardin, Interim Zoning Officer City of Austin Housing and Planning Department 1000 E. 11th St. Austin, Texas 78702 Re: DB90 Rezoning for 2800-2802 S. Lamar Blvd. and 2805-2807 Skyway Cir. Dear Ms. Hardin, On behalf of Seamless LMA, Ltd. (the “Applicant”), I request that the city rezone the Property to include the Density Bonus 90 Combining District (“DB90”). On February 29, 2024, Council adopted Ordinance No. 20240229-073 (“DB90 Ordinance”), which created DB90 as a successor to the invalidated Vertical Mixed-Use 2 program. Part 5 of the DB90 Ordinance additionally initiated rezoning for property that was “rezoned to allow for one or more VMU buildings after June 10, 2022, but before February 29, 2024,” if the affected property owners submit the corresponding rezoning application prior to December 31, 2024. The Property meets this criterion. The Applicant previously sought – and Council granted – rezoning for the Property from GR-V-CO and GR-MU-CO to CS-MU-V-CO and GR-MU-V-CO, in Case No. C14-2023-0036. A brief summary of that case is provided below:  March 20, 2023: Applicant applies to rezone the Property for Vertical Mixed-Use (“VMU”).  July 25, 2023: Planning Commission recommended approval of rezoning.  October 5, 2023: Council approves Ordinance No. 20231005-037 rezoning the Property for VMU. I have attached the prior case report and rezoning ordinance for that rezoning. The same rationale from that VMU case applies to the Applicant’s request for DB90. Additionally, the Applicant requests maintaining the existing conditional overlay (included in Ordinance No. 20231005-037). I appreciate the city’s commitment to meeting its housing and transit goals, and to creating this affordable housing bonus combining district as a successor to the prior VMU2 program. Thank you for your consideration. Please do not hesitate to contact me if you have any questions or need further details. Respectfully, Michael J. Whellan  Attachment A. The Tract (C14-2023-0036) Tract 2 • Request: GR-V-MU-DB90-CO Tract 1 • Request: CS-MU-V-DB90-CO 4878-2642-7050, v. 3