19 C14-2024-0080 - 5931 Dillard Circle Rezoning; District 4 Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET ZONING TO: CS-MU-V-CO-DB90-NP DISTRICT: 4 CASE: C14-2024-0080 – Dillard’s Circle Rezoning ZONING FROM: CS-MU-V-CO-NP ADDRESS: 5931 and 6003 ½ Dillard Circle SITE AREA: 3.08 acres (134,164 sq. ft.) PROPERTY OWNER: Montwalk Holdings LTD AGENT: HD Brown Consulting (Amanda Brown) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to grant general commercial services-mixed use-vertical mixed use building-conditional overlay-density bonus 90-neighborhood plan (CS-MU- V-CO-DB90-NP) combined district zoning. Staff recommends granting the applicant’s modification request to not provide pedestrian-oriented commercial space (to provide 0% of the requirement). The conditional overlay will prohibit the following uses: Agricultural sales and services Automotive sales Campground Commercial off-street parking Drop-off recycling collection facility Equipment sales Kennels Maintenance and service facilities Off-site accessory parking Outdoor sports and recreation Service station General retail sales (general) use and general retail sales (convenience) use for an area that exceeds 20,000 square feet of gross floor area is a prohibited use Drive-in service is prohibited as an accessory use to commercial uses PLANNING COMMISSION ACTION / RECOMMENDATION: July 23, 2024: Automotive rentals Automotive washing (of any type) Commercial blood plasma center Convenience storage Equipment repair services Exterminating services Laundry services Monument retail sales Outdoor entertainment Pawn shop services Vehicle storage C14-2023-0080 2 CITY COUNCIL ACTION: 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. CASE MANAGER COMMENTS: The property in question is approximately 3.08 acres, partially developed with some overflow surface parking from the Brewtorium. The site has frontage on Dillard’s Circle (level 1) and is currently zoned general commercial services-mixed use-vertical mixed use building-conditional overlay-neighborhood plan (CS-MU-V-CO-NP). The property has the Brewtorium Brewery & Kitchen, Art/Creative Spaces, and other commercial uses (LI-CO-NP, CS-MU-V-CO-NP, CS-MU-V-CO-ETOD-DBETOD-NP) to the north. There are commercial businesses, single family residential, and public services (SF-3-NP, CS-NP, P-NP, CS-MU- V-NP & CS-ETOD-DBETOD-NP) to the south and west. To the east are various commercial businesses and Austin Community College (LI-PDA-NP and CS-MU-V-NP). The site is 0.2 miles from the Airport Blvd Activity Corridor and overlaps with the Highland Mall Regional Center. The site is 0.3 miles from the Highland Station Metro Rail Red Line and bus stop along Airport Blvd. This is an ideal location to add housing and falls under the ETOD typology that encourages (rapid change) affordability as development occurs. Please refer to Exhibits A (Zoning Map) and B (Aerial View). The applicant is requesting general commercial services-mixed use-vertical mixed use building-conditional overlay-density bonus 90-neighborhood plan (CS-MU-V-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 approximately 250 residential units and will be seeking a complete (to provide zero percent) modification for the ground floor commercial space requirement due to various constraint on the site. Please refer to Exhibit C (Applicant’s Summary Letter). 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 C14-2023-0080 3 incentives, including height maximum of 90 feet in the CS district (60 feet base plus 30 feet incentive) and relaxation of development and compatibility standards, such as FAR, setbacks and building coverage. There are several methods of satisfying DB90 development affordability requirements. There are two options for projects including rental units: 1) a minimum of 12% of the rental units in a building are affordable for a 40-year period for households earning 60% or less than the Austin-Round Rock Metropolitan Statistical Area MFI; or 2) a minimum of 10% of the rental units are affordable for a 40-year period as described above for households earning 50% or less MFI. There are two options of satisfying DB90 development affordability requirements which include ownership units: 1) a minimum of 12% of the rental units in a building are affordable for a 40-year period for households earning 80% or less than the Austin-Round Rock Metropolitan Statistical Area MFI; or 2) an in-lieu-fee payment to the Housing Trust Fund, equivalent to the required percentage of the total residential units, including the mix of bedrooms required, at the rate set in the fee schedule at the time of final site plan submission. BASIS OF RECOMMENDATION: 1. The rezoning should be consistent with the policies and principles adopted by the City 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. 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 Council. sought. The general commercial services district is intended predominately for commercial and industrial activities of a service nature having operating characteristics or traffic service requirements generally incompatible with residential environments. The mixed use combining district 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 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. C14-2023-0080 4 The conditional overlay 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 density bonus 90 combining district, in exchange for providing affordable housing units and in combination with commercial base zoning districts, allows a mixture of office, retail, commercial, and residential uses with modifications of compatibility standards and site development regulations including increased building height. The neighborhood plan 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 North South East West ZONING CS-MU-V-CO-NP LI-CO-NP CS-MU-V-CO-NP CS-MU-V-CO-ETOD-DBETOD-NP SF-3-NP CS-NP LI-PDA-NP CS-MU-V-NP P-NP SF-3-NP CS-MU-V-NP & CS-ETOD-DBETOD-NP LAND USES Surface parking/Undeveloped Cocktail Lounge Art/Creative Spaces Commercial Businesses Single Family Residential Commercial Businesses Commercial Businesses Austin Community College Undeveloped Single Family Residential Commercial Businesses NEIGHBORHOOD PLANNING AREA: Highland WATERSHED: Waller Creek and Tannehill Branch CAPITOL VIEW CORRIDOR: No SCHOOLS: Austin Independent School District Reilly Elementary School SCENIC ROADWAY: No Lamar Middle School McCallum High School C14-2023-0080 5 COMMUNITY REGISTRY LIST: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Friends of Austin Neighborhoods Highland/Skyview Neigh. Plan Contact Team Homeless Neighborhood Association Neighborhood Empowerment Foundation AREA CASE HISTORIES: NUMBER C14-2022-0030 – Redleaf Highland - Tract 4 REQUEST CS-MU-V-NP to LI-PDA-NP C14-2022-0029 – Redleaf Highland - Tract 5 CS-MU-V-NP & CS-1-MU-V-NP to LI-PDA-NP C14-2022-0027 – Redleaf Highland - Tract 12 CS-MU-V-NP to LI-PDA-NP C14-2015-0092 – 6015 Dillard Circle Brew Pub CS-MU-V-CO-NP to LI-CO-NP North Austin Neighborhood Alliance Preservation Auatin Red Line Parkway Initiative SELTexas Sierra Club Austin Regional Group Skyview Neighborhood Assn CITY COUNCIL Approved LI-PDA-NP as Planning Commission Recommended (05/18/2023) Approved LI-PDA-NP as Planning Commission Recommended (05/18/2023) Approved LI-PDA-NP as Planning Commission Recommended (05/18/2023) Approved LI-CO-NP as Planning Commission Recommended (11/12/2015) COMMISSION To Grant LI-PDA-NP with the following condition to the PDA: 50-foot setback between buildings that contain a residential use and the light manufacturing use. (03/28/2023) To Grant LI-PDA-NP with the following condition to the PDA: 50-foot setback between buildings that contain a residential use and the light manufacturing use. (03/28/2023) To Grant LI-PDA-NP with the following condition to the PDA: 50-foot setback between buildings that contain a residential use and the light manufacturing use. (03/28/2023) To Grant LI-CO-NP, with the following CO’s ; (1) to prohibit general retail sales (general) use and general retail sales (convenience) use for an area that exceeds 35,000 sq. ft. of gross floor area. (2)The following prohibited uses: Agricultural sales and service, Automotive sales, Campground, Commercial off- street parking, Equipment repair services, Exterminating services, Laundry services, Outdoor entertainment, Vehicle storage, C14-2023-0146 6 General warehousing and distribution, Automotive rentals, Automotive washing (of any type), Drop-off recycling collection facility, Equipment sales, Kennels, Off-site accessory parking, Outdoor sports and recreation, Services station, Scrap & salvage, Basic industry, Resource extraction, Recycling center (10/13/2015) To Grant CS-1-MU-V-NP (10/26/2010) Approved CS-1-MU-V-NP as Planning Commission Recommended (11/18/2010) CS-MU-V-NP to CS-1-MU-V-NP C14-2010-0155 – 5775 Airport Boulevard RELATED CASES: C14-2009-0012 – Highland NPA VMU Overlay Opt-In/Opt-Out Process: Rezoning property to show Vertical Mixed Use (VMU) Zoning. Comprehensive Planning: Project Name and Proposed Use: 5931 DILLARD CIRCLE. C14-2024-0080. Project: 5931 Dillard Circle Rezoning. Brentwood/Highland Combined (Highland) NP. FLUM: Mixed Use. 3.08 acres from CS-MU-V-CO-NP to CS-MU-V-CO-NP-DB90. Existing: parking and undeveloped. Proposed: 250 mixed-use residential units and parking. 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. Note that applicant seeks to remove all requirements for ground-floor commercial, therefore, the standards for Mixed use in the guidelines are not met. Imagine Austin Decision Guidelines Yes 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 Center as identified the Growth Concept Map. Names of Activity Centers/Activity Corridors/Job Centers *:  0.02 miles from Airport Blvd Activity Corridor; Site overlaps with Highland Mall Regional Center. Y Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or light rail station.  0.3 miles to Highland Station Metro Rail Red Line and bus stop along Airport Blvd Y Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane.  Sidewalk access available along Dillard Cir Y Y Y Y Y Y 9 C14-2023-0146 7 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.  0.3 miles to Austin Community College Highland Campus Connectivity and Healthy Living *: Provides or is located within 0.50 miles from a recreation area, park or walking trail.  0.5 miles to Reilly School 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.) 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. 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 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: The site is not located over the Edwards Aquifer Recharge Zone. The site is located in both the Waller Creek Watershed and the Tannehill Watershed, both of the Colorado River Basin, and C14-2023-0146 8 classified as Urban Watersheds 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. % of Gross Site Area % of Gross Site Area with Transfers 50% 60% Development Classification Single-Family (minimum lot size 5750 sq. ft.) Other Single-Family or Duplex Multifamily Commercial 55% 60% 80% 60% 70% 90% Fire: No comments at this time. 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, 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. C14-2023-0146 9 Site Plan: Zoning Cases: Site plans will be required for any new development other than single-family or duplex residential. Any development which occurs in an SF-6 or less restrictive zoning district which is located 540-feet or less from property in an SF-5 or more restrictive zoning district will be subject to compatibility development regulations. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. 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. Dillard Circle 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 Transportation Department – Engineering Review: ATD 1. The Austin Strategic Mobility Plan (ASMP) calls for 58’ feet of right-of-way for Dillard Cir. It is recommended that 29 feet of right-of-way from the existing centerline should be dedicated according to the ASMP with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. Existing Street Characteristics: Name ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route Dillard Cir Level 1 58’ 127’ 96’ No No Capital Metro (within ¼ mile) Yes Austin Water Utility: No comments on zoning change. FYI: The landowner intends to serve the site with existing City of Austin water utilities. C14-2023-0146 10 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: A. Zoning Map B. Aerial Map C. Applicant’s Summary Letter Correspondence from Interested Parties C14-2008-0030 ( ( ( ( 2 7 83-1 ( C 2R 7 83-1 ( ( ( SF-3-NP ( ( ( ( SF-3-NP ( ( ( 2 83-3 78-228 ( LO-NP ( 9 4 1-1 7 C. F F O ( ( SF-3-NP ( WIL M E S D R ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( H A M M A C SF-3-NP ( ( ( ( K D R ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( D E N S O N D R ( ( ( 79-146 LO-NP ( ( REILLY ELEMENTARY SCHOOL ( E V D A L ( ( ( ( FIE R E T S E H C ( ( ( ( SERVICE CENTER WHSE C14-2009-0012 CS-MU-V-CO-NP AUSTIN INDEPENDENT SCHOOL DISTRICT ADMINISTRATIVE OFFICE SP87-004 T E S P U L A D A U G UNZ 87-013 P-NP SF-3-NP 99-0059 UNZ RETAIL STORE 75-93 CP75-41 SP93-0224C SP-98-0157C CS-MU-V-NP C14-2009-0012 DEPT. STORE NURSERY W HIGHLAND MALL BLVD R D N A H T A N O J CS-MU-V-NP C14-2009-0012 DRIVE-IN BANK E HIGHLAND MALL BLVD C14-2022-0029 CS-NP RZ87-018 LI-PDA-NP C14-2022-0030 SERVICE STATIO N WILL DAVIS DR UNZ 73-005 CS-NP SF-3-NP P-NP CS-MU-V-CO-NP C14-2009-0012 RETAIL OFFICE & PAPER SUPPLY WHSE HAGE D R MALL CS-1-MU-V-NP 79-293 W S K Y VIE W R D ( ( P-NP 99-0059 W H S E 91-0041 LI-CO-NP C14-2015-0092 60-131 66-39 SP92-0436C ! C14-04-0012(PART) WHSE ! ! ! ! ! ! ! ! JACOB FONTAINE LN C14-2009-0012 WIL H E LM IN A D E L C O D R I H G H L A N D C A M P U S D R I R C D R A L L D I ! ! ! ! ! ! ( ( ( ( ( ( W S K Y VIE ( ( ( ( W R D ( ( UNZ ( ( ( ( ( SF-3-NP E D AV ( ( L FIE R E T S E H C ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( C E U N E V A A V E N U E D SF-3-NP ( ( ( ( ( ( ( ( ( ( ( SF-3-NP L I N K A V E ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( BEAUTY SUPPLY CS-MU-V-CO-NP C14-2008-0002 ( ( ( SP07-0151C E S K Y ( ( ( VIE W R D ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( NURSERY A V E N U E F ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( A V E N U E G ( ( ( ( ( ( ( ( ( ( A I R P O R T B L V D ! ! ! ! ! ! ! ! ( ( ( ( ( ( ( ( ( ( ( ( ( SP85-047 CS-MU-V-CO-NP ! UNDEV C14-2009-0012 CS-MU-V-NP ( ( ( ( SF-3-NP ( ! ! ( ( ! ! ( ( ! ( ! ! ! G A S S A V I N L G O A N S & 7 8 0 - 6 8 P S ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( D U V A L S T ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SHOPPING CENTER CLAYTON LN PARKING C14-2022-0027 RZ85-005 INS. OFFICE PAINT CO. RETAIL 60-131 66-39 C14-06-0110 CS-1-MU-V-CO-NP CS-1-MU-V-NP C14-2010-0155 06-0110 SALES & MARKETING CO CS-NP SP-00-2425C RESTAURANT SP-06-0150C SP-99-0014C SP-03-0087C RESTAURANT E K O E N I G L N S V R D W B C14-04-0012 E KOENIG EB TO IH 35 SB RAM P C14-2008-0002 CS-MU-V-CO-NP CS-CO-NP ( ( ( ( ( ( ( ( ( ( E V K A LIN ( ( ( SF-3-NP ( ( ( ( ( E 55T ( SF-3-NP H S T ( C14-02-0009 ( ( ( ( ( ( SF-3-NP ( ( SF-3-NP ( ( ( ( ( ( ( GAS CO. E K O E NIG L N CS-MU-V-CO-NP C14-2008-0002 ( ( SF-3-NP ( ( ( SF-3-NP ( ( ( E G U N E V A ( ( E 56T T H S ( SF-3-NP ( ( ( SF-3-NP SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ZONING ZONING CASE#: C14-2024-0080 ( ( ( ( ( W KOENIG LN CS-MU-V-CO-NP CHURCH NPA-2008-0011.01 ( ( ( ( ( ( W 56T ( H ST ( SF-3-NP ( ( ( ( ( ( ( ( W 55T H H ( ( ( ( ALF ST ( ( ( ( SF-3-NP ( ( 02-0009 ( ( ( ( 02-0009 ( W 55T H S T ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ± 1 " = 400 ' Exhibit A 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. 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: 5/8/2024 C14-2008-0030 ( ( ( ( SF-3-NP 2 7 83-1 ( C 2R 7 83-1 ( ( ( ( ( ( ( ( SF-3-NP ( ( ( 2 83-3 78-228 ( LO-NP 9 4 1-1 7 C. F F O SP87-004 AUSTIN INDEPENDENT SCHOOL DISTRICT ADMINISTRATIVE OFFICE ( ( SF-3-NP ( S D R ( WIL M E ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( H A M M A C ( ( ( ( ( K D R ( ( ( ( ( ( ( SF-3-NP ( ( ( D E N S O N D R ( ( ( 79-146 LO-NP ( ( REILLY ELEMENTARY SCHOOL ( ( ( ( SF-3-NP ( ( ( ( ( ( ( E V D A L ( ( FIE R E T S E H C ( ( STORE 75-93 CP75-41 SP93-0224C CS-MU-V-NP NURSERY SP-98-0157C DEPT. C14-2009-0012 W HIGHLAND MALL BLVD R D N A H T A N O J C14-2009-0012 CS-MU-V-NP E HIGHLAND MALL BLVD C14-2022-0029 SERVICE CENTER WHSE C14-2009-0012 CS-MU-V-CO-NP CS-NP RZ87-018 P-NP SF-3-NP 99-0059 UNZ RETAIL C14-2022-0030 LI-PDA-NP SERVICE STATIO N WILL DAVIS DR UNZ CS-NP 73-005 SF-3-NP P-NP CS-MU-V-CO-NP C14-2009-0012 RETAIL OFFICE & PAPER SUPPLY WHSE HAGE D R MALL CS-1-MU-V-NP W S K Y VIE W R D P-NP 99-0059 W H S E 91-0041 LI-CO-NP C14-2015-0092 60-131 66-39 SP92-0436C ! C14-04-0012(PART) WHSE ! ! ! ! ! ! ! ! JACOB FONTAINE LN C14-2009-0012 WIL H E LM IN A D E L C O D R I H G H L A N D C A M P U S D R CS-MU-V-NP UNZ 87-013 T E S P U L A D A U G UNZ CS-MU-V-CO-NP C14-2009-0012 ! UNDEV C14-2024-0080 ( ( ( ( SF-3-NP ( ! ! ( ( ! ! ( ( ! ( ! ! ! G A S S A V I N L G O A N S & 7 8 0 - 6 8 P S I R C D R A L L D I ! ! ! ! ! ! ( ( ( ( ( ( ( ( ( ( ( ( ( D U V A L S T ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( A I R P O R T B L V D ! ! ! ! ! ! ! ! ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SP85-047 ( ( ( ( ( ( ( ( ( ( W S K Y VIE ( W R D ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( A V E N U E D ( ( ( ( ( ( ( L I N K A V E ( ( ( ( ( ( ( ( ( ( E D AV ( ( ( ( L FIE R E T S E H C ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( C E U N E V A W KOENIG LN CHURCH NPA-2008-0011.01 ( ( ( ( ( ( W 56T ( H ST ( SF-3-NP ( ( ( ( SP07-0151C E S K Y ( ( ( VIE W R D ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( A V E N U E F ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( A V E N U E G ( ( ( ( ( ( ( ( ( BEAUTY SUPPLY C14-2008-0002 CS-MU-V-CO-NP NURSERY ( ( ( ( ( ( ( ( W 55T ( ( H H ( ALF ST ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( W 55T ( H S T ( ( SF-3-NP 02-0009 ( ( ( ( ( ( ( ( ( ( 02-0009 ( ( ( E K AV LIN ( ( ( ( SF-3-NP ( ( ( ( ( SF-3-NP ( ( C14-02-0009 ( ( ( ( ( ( SF-3-NP ( ( SF-3-NP ( ( ( ( ( ( ( GAS CO. E K O E NIG L N CS-MU-V-CO-NP C14-2008-0002 ( SF-3-NP ( ( ( ( E G U N E V A ( ( ( SF-3-NP ( ( E 56T T H S ( SF-3-NP ( ( ( SF-3-NP SHOPPING CENTER CLAYTON LN PARKING C14-2022-0027 RZ85-005 INS. OFFICE PAINT CO. RETAIL 60-131 66-39 C14-06-0110 CS-1-MU-V-CO-NP C14-2010-0155 06-0110 CS-1-MU-V-NP SALES & MARKETING CO CS-NP SP-00-2425C RESTAURANT SP-06-0150C SP-99-0014C SP-03-0087C RESTAURANT E K O E NIG L N S V R CS-MU-V-CO-NP D E B C14-2008-0002 E K O E N I G L N S V R D W B C14-04-0012 E KOENIG EB TO IH 35 SB RAMP CS-CO-NP ( ( ± 1 " = 400 ' Exhibit B SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER 5931 Dillard Circle Rezoning ZONING CASE#: LOCATION: SUBJECT AREA: MANAGER: C14-2024-0080 5931 & 6003 1/2 Dillard Cir. 3.08 Cynthia Hadri 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: 7/8/2024 by: MeeksS Lauren Middleton-Pratt City of Austin Planning and Housing Department 1000 E 11th St. Austin, TX 78702 Via Electronic Submittal Re: Rezoning request for 5931 & 6003 ½ Dillard Circle; Blocks B & C of the St John’s Commercial Area subdivision; TCAD Parcel 228970 & 228971 (the “Property”) Dear Mrs. Middleton-Pratt: As representatives of the owner of the above stated Property, we respectfully submit an application for rezoning for 5931 & 6003 ½ Dillard Circle. 5931 Dillard Circle is currently undeveloped and 6003 ½ is an existing parking lot, which is to remain. We are requesting to rezone the Property from CS-MU-V-CO-NP to CS-MU-V-CO-NP-DB90. The purpose of the rezoning is to allow for a vertical mixed use building at 5931 Dillard Circle with approximately 250 residential units, including on-site affordable housing. The Property is currently in review for a site plan under case number SP-2024-0010C. The Property is located .2 miles away from the Highland MetroRail Station and 925 feet from the Red Line hike and bike trail along Airport Blvd. Additionally, there are commercial amenities located directly north of the site, which includes a restaurant, brewery and climbing gym, and across the street at the ACC Highland redevelopment. Finally, there are existing parks and open space in the ACC Highland redevelopment and at the nearby Reilly School Park. These existing amenities create an ideal location for a walkable, high-density residential development. We respectfully request to modify the requirement of LDC § 25-2-652 (F)(3)(b) which requires that 75% of the ground floor of the building must contain commercial uses which is permitted under LDC § 25-2-652 (F)(3)(e) for sites which abut an urban roadway. Dillard Circle is considered an urban roadway under Article 5 of Subchapter E. Due to the unique characteristics of the site and the surrounding urban context, the request is to remove all requirements for ground-floor commercial. The reasons for this request are as follows: 1. The development site is uniquely configured and only has 60’of frontage on Dillard Circle. As we move through the site plan review process, the City of Austin has required a 20’ wide curb-cut and fire lane, a 15’ parkland trail access easement, and a 5’ water vault easement along the frontage, leaving only 20’ for the building to be built up to Dillard Circle. The limited frontage and infrastructure precludes the construction of a useable commercial space. The site plan page has been submitted with this application to show the unique configuration of the site, the limited frontage and the City of Austin required encumbrances along the frontage. 214-695-9219 | AMANDA.BROWN@HDBROWNCONSULTING.COM | HDBROWNCONSULTING.COM Exhibit C 2. Within the remaining 20’ of frontage, as described above, Austin Energy requires a new power pole, further encumbering the frontage and its ability to provide a useable commercial space. 3. Dillard Circle functions as a cul-de-sac and therefore has little to no pass-by pedestrian activity from nearby developments. Commercial space of this size will be very difficult to support at this location. 4. Directly to the north of the Property is a successful commercial development which provides a climbing gym and other physical fitness activities, a brewery and restaurant, and a coffee shop. While the request is to remove any requirement for commercial space on the Property, there is ample commercial establishments near-by for the residents of this community to utilize. The Property is within the Brentwood/ highland Neighborhood Planning Area and designates this site as “Mixed use”. It has been confirmed by staff that a Future Land Use Map amendment is not required. The surrounding zoning is SF-3 to the south, CS-MU-V-CO-NP to the west, and LI-CO-NP to the north and CS-MU-V-NP to the east, across from Airport Blvd. The surrounding uses are commercial to the north, office/ warehouse to the west, single family to the south and mixed-use to the east. If you have any questions regarding this request or need additional information, please do not hesitate to contact me at your convenience. Very truly yours, Amanda Couch Brown 214-695-9219 | AMANDA.BROWN@HDBROWNCONSULTING.COM | HDBROWNCONSULTING.COM Parking at the Dillard Circle Development Cathy Bartley Sat 6/29/2024 4:07 PM To: Hadri, Cynthia <Cynthia.Hadri@austintexas.gov>; Skyview Google Group <skyview-neighborhood-residents- info@googlegroups.com>; External Email - Exercise Caution Dear Cynthia Hadri, As you know, the residents of the Skyview Neighborhood are very upset with the change in zoning and single family home compatibility.  A five story building, 25 feet from our property lines is ridiculous! As long time tax payers, we should have be considered in this plan. We object to this large apartment complex, and the intrusiveness it brings to our properties.  Just some of the problems would be a lack of privacy, noise, lighting and flooding potential. Impervious concrete will cover this grassland, more noisand the property is sloping towards our properties. An additional problem, concerning the community, is the lack of any parking in the development.  We know that the developers hope that the residents of the 300 units will be using the commuter rail. This is improbable, because the train has a limited range. Not everyone works downtown!!!! Also, these residents will have cars. The parking on Dillard Circle and the surrounding lots, seem to be already at capacity from the existing businesses. Included are some pictures taken last night, a Wednesday, about 8:00. These may give you an idea of the present parking availability, before this apartment is even built. Before the City Council voted for the variance in the codes, we feel that these compatibility issues concerning a single family neighborhood, should have been better considered.  The initial plan was for a four story building, tiered from 35 feet from our property lines, starting at two stories, then three, then four. This plan is more acceptable to our neighborhood. These are a few of our concerns. CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT at "cybersecurity@austintexas.gov". Re: C14-2024-0080 5931 Dillard Circle Rezoning Graham Emmons Tue 7/2/2024 7:20 PM To: Hadri, Cynthia <Cynthia.Hadri@austintexas.gov> External Email - Exercise Caution Hi Cynthia, Just wanted to share that not everyone in Skyview is opposed to the development behind Skyview. I cannot speak to the proximity to the homes of the property line (I can empathize with those viewpoints) but I am not against more density and apartments. I'd say the one thing I'd be bummed about losing is the retail. If they're going to build a bunch of apartments, it would be a shame to lose the opportunity for more businesses within walking distance; especially by a rail. That's all I wanted to mention. Thank you, Graham 5931 Dillard Circle Concerns, Objections, Questions. Matthew Franklin Tue 6/4/2024 10:22 AM To: Hadri, Cynthia <Cynthia.Hadri@austintexas.gov> External Email - Exercise Caution To- Cynthia.Hadri@austintexas.gov. I have a 4 concerns regarding the Urban Genesis Development proposed at 531 Dillard Circle. My first concern is actually an objection to the complete dismissal of the staggered setback rule. I understand the zoning rule has changed but the original intent of this zoning feature was to soften the impact of monolithic developments exactly like this one. Please inform me if this is a case by case variance, or a city wide blanket rule. Is the staggered setback no longer worthy of concern? I believe the new proposal abandons any trace of "considerate neighboring" to a strictly single family area. Any arrangement of shrubs or juvenile trees will not soften the impact of this 60 foot monolithic building. I also do not believe the proposed site plan takes advantage of creating a maximum possible setback on the site itself. Arranging the surface parking to buffer the Skyview residents should be point of discussion. Surrounding that parking lot with a solid 6 foot solid wall would screen unsightly cars and headlights. My second concern is one of SAFETY for our neighborhood. The Fema flood lines have recently been MOVED along Chesterfield Ave in the Skyview Neighborhood. This is associated with the Waller Creek Watershed. The 5931 Dillard Circle proposed development obviously takes advantage of the maximum impervious cover allowed. This will be a 180 degree difference in impervious cover from the decades old grass field. How will this development impact The Waller Creek Watershed @ Skyview and downstream? Was this studied? What is the impact? Will this once again move the FEMA flood lines? Please inform. I request a study if one was not done. Thirdly, I find the unit to parking space ratio concerning. What is the traffic impact of this many vehicles on Dillard Circle and Denson Ave? Was this studied and deemed acceptable? Please inform. I request a study if one was not done. Lastly, the abandonment of retail spaces in the proposal takes away from any "value add" to the existing community. What will be the benefit of allowing this large monolithic development without providing any usable service? In conclusion, I am in opposition to the purposed plan. I believe this development creates a potential safety issue, disregards the impact to the Skyview neighborhood, and will simply be a rude eyesore with 300 more cars contributing to conjestion. (Many of which will not have a parking space.) It may also be dangerous in regards to flooding. These negatives combined with NOT providing our existing community with ANY services, makes this a very hard sell. All negatives, no positives. Matthew Franklin, 5805 Duval Street. Austin Texas 78752. CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT "cybersecurity@austintexas.gov." Re: Skyview Neighborhood request for Postponement Hadri, Cynthia <Cynthia.Hadri@austintexas.gov> Mon 7/15/2024 11:20 AM To: Cathy Bartley Hi Cathy,  The Applicant is not an agreement with a postponement and wants to discuss this case at Planning Commission. Please sign up to speak and email your presentation, if you have one, to the email I send on Friday. I will be sending the email out in the afternoon with the links for registration, the staff report, and the Planning Commission Agenda.  Please note: E-mail correspondence to and from the City of Austin is subject to required disclosure under the Texas Public Information Act. Best Regards,  Cynthia Hadri Senior Planner | Current Planning City of Austin, Planning Department O: (512) 974-7620 From: Cathy Bartley Sent: Thursday, July 11, 2024 11:25 AM To: Hadri, Cynthia <Cynthia.Hadri@aus ntexas.gov> Subject: Re: Skyview Neighborhood request for Postponement External Email - Exercise Caution Thank you Sent from my iPad Hi Cathy,  On Jul 11, 2024, at 10:44 AM, Hadri, Cynthia <Cynthia.Hadri@austintexas.gov> wrote: I will reach out to the applicant and let them know about the request.  Best Regards,  Cynthia Hadri Senior Planner | Current Planning City of Austin, Planning Department O: (512) 974-7620 Please note: E-mail correspondence to and from the City of Austin is subject to required disclosure under the Texas Public Information Act. From: Cathy Bartley Sent: Thursday, July 11, 2024 10:41 AM To: Hadri, Cynthia <Cynthia.Hadri@aus ntexas.gov> Cc: Cathy Bartley ; Me <; Carol Olewin ; Ma hew Franklin ; Cynthia Waring Subject: Skyview Neighborhood request for Postponement External Email - Exercise Caution The Skyview neighborhood requests a postponement of the July 23,2024 Planning Commission meeting for the Dillard Circle Development. We ask that it be postponed to September 10,2024. Dear Cynthia, Thank you, Catherine Bartley 208 E Skyview Rd, 78752 Skyview Neighborhood Resident Sent from my iPad Hi Cathy,  On Jul 10, 2024, at 3:56 PM, Hadri, Cynthia <Cynthia.Hadri@austintexas.gov> wrote: If you'd like to request a neighborhood postponement for the Dillard's Circle Rezoning case, please respond to this email as a written request and what date (from the list below) you'd like to request the postponement for. I can submit that neighborhood postponement request with the materials provided for the Planning Commission. I will also let the applicant know that there is a request for a postponement by the neighborhood and they can agree to it or they can chose a different date and make it a discussion item at the Planning Commission on 7/23/2024. Let me know if you have any questions.   Planning Commission Meeting Dates: August 13, 2024 August 27, 2024 September 10, 2024 Best Regards,  Cynthia Hadri Senior Planner | Current Planning City of Ausn, Planning Department O: (512) 974-7620 <Outlook-5t4a5sas.png> Please note: E-mail correspondence to and from the City of Ausn is subject to required disclosure under the Texas Public Informaon Act.