12 C14-2024-0007 - 1209 West 5th Street; District 9 OWANA Neighborhood Letter — original pdf

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Steering Committee Members: Christopher Hurst AIA, Chair Paula Hern, Meghan Yancy, Claudette Kazzoun, Rob Kish, Steve Amos, Germaine Curry, Margaret Sullivan, William Osborn, David Schofman, Shawn Shillington, Erika Tatum OWANA OLD WEST AUSTIN NEIGHBORHOOD ASSOCIATION P.O. Box 2724 Austin, TX 78768-2724 July 9, 2024 RE: C14-2024-0007- 1209 W 5th Street - Agenda Item 12 Dear Chair Hempel and Planning Commissioners, The Old West Austin Neighborhood Association, OWANA opposes the 1209 W 5th Street rezoning application from LI-CO-NP to LI-PDA-NP. At this point, representatives for the Owner of 1209 W 5th Street have been unable to reach a full agreement with OWANA regarding the site and building standards as well as other conditions of the Planned Development Area (PDA) agreement. The proposed LI-PDA for 1209 W 5th Street is asking for an enormous entitlement and agreeing to very little in the way of community benefits and project design. When the proposed rezoning was first presented to the OWANA Zoning Committee in February, there was no plan or proposal for conditions of the PDA. The reason given was there is no architect or developer on board for this rezoning. Our response was we are unable to agree to a PDA without a plan. No plan…no agreement. At the following presentation in March, a concept sketch was presented to the Zoning Committee (see attached presentation). After reviewing the concept plan and elevations, the committee was concerned that the plan was squeezing too much on the .45 acre lot. OWANA has three other agreements with nearby developments based on PDA zoning that are all greater than twice the lot size of the 1209 W 5th Street proposal. Only one of these PDA’s will allow height up to 120 feet. The 410 Pressler 120 foot PDA offers many community benefits (see attached) that the 1209 W. 5th Street proposal is unable to match due to the small lot size. Based on the small lot size and a lack of an affordable housing component enforceable by the City, OWANA can agree to a PDA of 75 feet, with other conditions, as 75 feet is the height of the closest PDA’s. The idea behind incentivizing extra height is to gain more housing density that contributes to affordability. It has been stated in the emails from the agent for the property, that the proposed multi-family development is not certain, and it will create a conflict with the existing building use. Therefore, the owners say they are unable to commit to 70% residential like the 410 Pressler agreement. The discussion involving affordable housing started with the agent offering of 10% of 150 total units at 70% MFI. After further negotiation, DB90 affordable housing terms have been offered by the applicant as part of a not yet agreed to Covenant. If OWANA is unable to reach an agreement in a Covenant, we ask the Planning Commission to vote to oppose the zoning request. There are other avenues for the applicant to pursue that provide requirements for the community benefits and holistic planning goals that have been established in other zoning categories, such as DB90. A DB90 rezoning would guarantee housing with an affordability component and allow for the community benefit of 75% of the ground floor to be pedestrian oriented commercial spaces. It would also ensure the development will comply with Article 2 (Site Development Standards) and Article 3 (Building Design Standards) in Subchapter E. These site development standards will help avoid things like a drop off zone where the sidewalk should be as shown in the attached concept plan for 1209 W 5th Street. DB90 provides the developer the height they need for the residential mixed use they are looking for while protecting the neighborhoods from out of scale projects or office buildings or residential without the benefit of affordability and equality. Too many property owners are relying on LI-PDA zoning seeking loosely wrapped site and design standards and regulations. Furthermore, in 1209 W. 5th Street’s case, they are unable to fully commit to 70% residential and community benefits that would be guaranteed in DB90. We need smart growth to keep our city dynamic while opportunities and incentives are given for those that contribute and not those that fuel gentrification. The Planning Commission has the mandate to send a message that we need to use DB90, it was created exactly for this type of case. Please vote to reject the application for LI-PDA. As the developer is unable to reach a Plan Development Area agreement with OWANA that can be recorded in a Covenant, the proposed PDA rezoning will not be an option. However, another option is to postpone the rezoning and urge the developer to work with OWANA to achieve a sensible PDA. OWANA appreciates your consideration in this matter. Sincerely, Christopher Hurst, AIA OWANA Chair (cid:1005)(cid:1006)(cid:1004)(cid:1013)0(cid:116)0(cid:1009)(cid:410)(cid:346)(cid:94)(cid:410)(cid:396)(cid:286)(cid:286)(cid:410)(cid:75)(cid:367)(cid:282)d(cid:116)(cid:286)(cid:400)(cid:410)d (cid:437)(cid:400)(cid:410)(cid:349)(cid:374)d”(cid:286)(cid:349)(cid:336)(cid:346)(cid:271)(cid:381)(cid:396)(cid:346)(cid:381)(cid:381)(cid:282)d (cid:400)(cid:400)(cid:381)(cid:272)(cid:349)(cid:258)(cid:410)(cid:349)(cid:381)(cid:374)P(cid:286)(cid:271)(cid:396)(cid:437)(cid:258)(cid:396)(cid:455)d(cid:1006)(cid:1013)(cid:853)d(cid:1006)(cid:1004)(cid:1006)(cid:1008)(cid:1005)FOR PRESENTATIONPURPOSES ONLY(cid:1006)(cid:94)(cid:349)(cid:410)(cid:286)d (cid:286)(cid:396)(cid:349)(cid:258)(cid:367)FOR PRESENTATIONPURPOSES ONLY(cid:1010)((cid:396)(cid:381)(cid:437)(cid:374)(cid:282)dP(cid:367)(cid:381)(cid:381)(cid:396)d(cid:87)(cid:367)(cid:258)(cid:374)FOR PRESENTATIONPURPOSES ONLY(cid:1011)o(cid:437)(cid:349)(cid:367)(cid:282)(cid:349)(cid:374)(cid:336)d(cid:94)(cid:286)(cid:272)(cid:410)(cid:349)(cid:381)(cid:374)FOR PRESENTATIONPURPOSES ONLY(cid:1012)1(cid:454)(cid:346)(cid:349)(cid:271)(cid:349)(cid:410)d(cid:862) (cid:863)FOR PRESENTATIONPURPOSES ONLY(cid:1013)1(cid:454)(cid:346)(cid:349)(cid:271)(cid:349)(cid:410)d(cid:862)o(cid:863)FOR PRESENTATIONPURPOSES ONLY(cid:1005)(cid:1004)1(cid:454)(cid:346)(cid:349)(cid:271)(cid:349)(cid:410)d(cid:862)r(cid:863)FOR PRESENTATIONPURPOSES ONLY410 Pressler Neighborhood Benefits 1. An architect was hired to help determine the project outcome. 2. The lot size is over double the size of 1209 W 9th Street. 3. The use will be 70% residential. 4. The lot size allows the building to be stepped back 45 feet before reaching 120 feet letting sunlight reach the street. 5. The streetscape on W 5th Street follows the dimensions for the Great Streets Master Plan. 6. No need for setback requirements as the site is bordered by W 5th Street & Pressler, the railroad track, and the fairly recent CubeSmart Storage. 7. All utility lines will be buried. 8. A minimum parking requirement of 250 parking stalls provided. 9. Enhanced pedestrian experience on Pressler connecting to Pearlstone’s project to the south creating pedestrian access to Lady Bird Lake. 10. 50% of the façade on Pressler plus 50% of the faced on W 5th Streets shall establish and maintain pedestrian oriented uses. Twice as much space for commercial uses that promote businesses necessary to walkable neighbors as the site is bounded by two streets. 11. Agreed to no late night restaurant hours. 12. Agreed to no outdoor amplified sound. 13. All street facing building facades shall be primarily brick or masonry construction. Glass curtain wall (i.e., continuous glass façade) construction may not constitute more than 30% of the façade. In the interest of clarity, there will be no restrictions on windows or punched openings. Height Applicant PROPOSED PDA 120' (.45 acre lot) Restricted Uses No outdoor sports & recreation 1209 W. 5th Re-zoning OWANA 75' No outdoor sports & recreation; or outdoor entertainment Step back @ Heights 5' @ 30' TALL 5'@ 30' TALL and 10' @ 60' TALL DB90 Ordinances 410 Pressler PDA w/Covenant 90' N/A N/A 0' 75% N/A N/A 120' (.88 acre lot) No outdoor sports & recreation W 5th St.: 10'@ 30' TALL & 25' @ 60 TALL Pressler St.: 10' @ 75' TALL Bounded by W 5th St. on north and Pressler St. on east: 18' Great Streets Master Plan on W 5th St. and 15' on Pressler St. On both W 5th St. and Pressler St. 25' OC, 6" caliper min 1 bikerack/street lighting @88' o.c. 2 park benches per block 2 waste receptacles See above 50% on W 5th St. and 50% Pressler St. Min. 250 residential spaces below grade On both W 5th St. and Pressler St. All power lines buried One on-site loading space provided and off street loading allowed in public ROW Streetscape setback 15'= 7' Clear/8' Planting 18' = 10' Clear/8'Planting 15'+= 7' Clear/8' Planting Streetscape Planting 25' OC, 6" caliper min. 25' OC, 6" caliper min 30' OC max. Streetscape Furnishings 2 park benches per block. 2 park benches per block. SubChapter E 1 bikerack/street lighting @88' o.c. 1 bikerack/street lighting @88' o.c. 2 waste receptacles 0' 50% Below grade No proposal 2 waste receptacles 15' side and rear 75% Below grade No proposal Side/rear setbacks Pedestrian-Oriented Commercial Spaces Parking Overhead power lines Curb cut Affordable Housing Drop off zone on 5th St. intrudes on sidewalk Match DB90 **Unable to guarantee 70% housing - no guarantee without Covenant** No drop off zone @ curb to allow for continuous sidewalk on 5th St. Match DB 90 & *No Fee-In-Lieu of* Own: 12% @ 80% MFI Rent: 12% @ 60% MFI or 10% @ 50% MFI 70% housing @ 120' Height Rent: 10% @ 80% MFI Bury lines to property from ROW Density 6.5:1 4.5:1 non res/ 6.5:1 residential N/A 4.5:1 non-residential/ 6.5:1 residential Glazing on street front façade 55% streetscape/ 75% other facades Brick/masonry or similar (no EIFS) 55% streetscape/ 75% other facades Brick/masonry or similar min. 25% on 3 elevations other than streetscape Optional Façade materials Operating Hours Green Building no proposal Restaurant Gen & Limited uses: 11 pm Sun-W, 12 pm. Th-Sat Sound restrictions Prohibit outdoor amplified sound Prohibit outdoor amplified sound Comm: 3 star or better Comm: 3 star or better Residential: Bronze or better Residential: Bronze or better N/A N/A Optional < 30% glass curtain wall Brick/masonry or similar Restaurant Gen & Limited uses: 11 pm Sun-W, 12 pm. Th-Sat Prohibit outdoor amplified sound Comm: 3 star or better Residential: Bronze or better