08 C814-82-006.02(83) - Lake Austin Commons PUD Amendment; District 9 Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET CASE: Lake Austin Commons PUD Amendment (C814-82-006.02(83)) DISTRICT: 9 ADDRESS: 1717 West 6th Street and 506 Campbell Street ZONING FROM: PUD-NP TO: PUD-NP, to change in condition of zoning SITE AREA: approximately 3.399 acres (approximately 178,060 square feet) PROPERTY OWNER: 1717 Hartland Plaza LP AGENT: Armbrust & Brown, PLLC (Richard T. Suttle, Jr.) CASE MANAGER: Jonathan Tomko (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff recommends granting PUD-NP change in condition of zoning to amend the permitted uses, increase maximum height to 90 feet, increase the floor to area ratio (FAR) to 2:1, and include additional environmental requirements. Amend Permitted Uses Staff’s recommendation allows all uses in the commercial services (CS) zoning district including Condominium Residential, Multi-Family Residential, Townhouse Residential, and Cocktail Lounge (with a maximum square footage limit of 10,000 square feet). The following 17 uses are prohibited uses in addition to those already prohibited in the CS zoning district: Alternative Financial Services Automotive Repair Services Automotive Washing (of any type) Campground Equipment Repair Services Exterminating Services Kennels Pawn Shop Services Limited Warehousing and Distribution Automotive Rentals Automotive Sales Bail Bond Services Drop-Off Recycling Collection Facility Equipment Sales Funeral Services Laundry Services Service Station Amend Maximum Height Staff’s recommendation amends the maximum building height on the Property is 90-feet, plus additional height limit exceptions in Section 25-2-531 (Height Limit Exceptions). Increase the Floor to Area Ratio Staff’s recommendation amends the maximum floor-to-area ratio on the Property is 2:1. Environmental Requirements C814-82-006.02(83) 2 Staff’s recommendation requires that: 1. New building elements to comply with 2022 AEGB Commercial Guidelines for ST7 Light Pollution Reduction. 2. Proposed new facades above the height of the existing building will achieve an average bird strike threat factor of 30 or less across each new facade as defined by the American Bird Conservancy Bird Threat Material List dated October 2011. 3. The PUD will provide water quality controls in accordance with Chapter 25-8, Subchapter A, Article 6 (Water Quality Controls) of the Land Development Code in effect at the time of site plan submittal. For a summary of the basis of Staff’s recommendation, please see the basis of recommendation section below. PLANNING COMMISSION ACTION / RECOMMENDATION: August 13, 2024: Neighborhood Postponement request granted to September 10, 2024. September 10, 2024: Case is schedule to be heard by Planning Commission. CITY COUNCIL ACTION: TBD ORDINANCE NUMBER: N/A ISSUES: The subject tract had been operating eight outdoor rooftop pickleball courts since approximately October 2023, on the above ground parking structure. The outdoor sports and recreation use was not an allowed under the approved Planned Unit Development and adopted ordinance. Neighbors have reported filing several code enforcement requests and have been in discussions to mitigate both sound and light pollution. This request seeks several changes detailed in the Case Manager Comments section into letter below and compliance with an outdoor sports and recreation use. the applicant’s summary including coming (exhibit B) CASE MANAGER COMMENTS: The applicant is proposing: to amend the permitted uses, increase maximum height to 90 feet, increase the floor to area ratio (FAR) to 2:1, and agree to additional environmental requirements. While the PUD ordinance encompasses approximately 5.96 acres, this application only encompasses the approximately 3.399 north of West 5th Street. The subject tract is currently developed with a four-story office building with street level retail, below grade parking and a second parking structure with ground level retail uses and eight rooftop pickleball courts. To the north, is the University of Texas Gateway Apartments and seven single/multifamily homes that are being utilized for professional offices. To the east, are several multifamily structures that are currently being used as professional offices or small retail storefronts and paved surface parking. To the south, is an eight story JLL Plaza office building that contains a bank and three is also part of this PUD, but is not stories of structure parking (this structure included this request). Approximately 116,000 square feet of office is within this structure. A sliver of undeveloped LI-NP zoned land between the railroad tracks in C814-82-006.02(83) 3 and the Mopac Northbound onramp. To the west, approximately ¼ mile across the Mopac interchange are several single-family homes in the Deep Eddy Neighborhood. Staff noted that there are two older ground-level tennis courts within UT’s Gateway Apartments property that have existed for what seems to be a long time (based on their condition) much closer to single family zoned parcels. BASIS OF RECOMMENDATION: Zoning should allow for reasonable use of the property. The subject tract is 2/3 mile west of the Central Business District and there have been several recent rezoning cases along West 5th and West 6th Streets (both Imagine Austin Activity Corridors) that have expanded permitted uses, increased maximum building heights, and floor to area ratios, on tracts proximate to Downtown Austin. This has occurred since the last modification of this PUD and is deemed reasonable given the location, the additional environmental requirements the applicant has agreed to, and the growing needs of the City to be more compact and connected. The proposed zoning should be consistent with the goals and objectives of the City Council. The additional uses, increased maximum building height, and floor to area ratio, adjacent to two Imagine Austin Activity Corridors with frequent transit service (CapMetro Route 4) promotes Imagine Austin’s goal to “allow people to reside, work, shop, access services, people watch, recreate, and hang out without traveling far distances.” Zoning should promote a transition between adjacent and nearby zoning districts, land uses, and development intensities. The subject tract is not adjacent to any single-family zoning. A narrow strip of NO and LO base district zoning exists to the north of the subject tract creating a transition of approximately 250 feet between the PUD and single-family zoning to the north. EXISTING ZONING AND LAND USES: ZONING Site PUD-NP North UNZ (unzoned), NO-NP, NO-MU-CO-NP, and LO- NP South PUD-NP and LI-NP LAND USES A four-story office building with street level retail, below grade parking and a second parking structure with ground level retail uses and eight rooftop pickleball courts. The University of Texas Gateway Apartments and seven single/multifamily homes that are being utilized for professional offices. An eight story JLL Plaza office building that contains a bank and three stories of structure parking (this structure is also part of this PUD but is not included in this request – see the case manager comments section above for more information). Approximately C814-82-006.02(83) 4 116,000 square feet of office is within this structure. A sliver of undeveloped LI-NP zoned land between the railroad tracks and the Mopac Northbound onramp. Several multifamily structures that are currently being used as professional offices or small retail storefronts and paved surface parking. Several single-family homes in the Deep Eddy Neighborhood East CS-MU-V-CO-NP, CS- MU-CO-NP, and GO-NP SF-3-NP West (1/4 mile away across Mopac Interchange) NEIGHBORHOOD PLANNING AREA: Old West Austin Neighborhood Planning Area WATERSHED: Lady Bird Lake Watershed and Johnson Creek Watershed SCHOOLS: A.I.S.D. Matthews Elementary School O Henry Middle School Austin High School COMMUNITY REGISTRY LIST: Austin Independent School District, Austin Lost and Found Pets, Austin Neighborhoods Council, Friends of Austin Neighborhoods, Homeless Neighborhood Association, Neighborhood Empowerment Foundation, Old West Austin Neighborhood Association, Old West Austin Neighborhood Plan Contact Team, Preservation Austin, SELTexas, Save Barton Creek Assn., Save Historic Muny District, Shoal Creek Conservancy, Sierra Club, Austin Regional Group AREA CASE HISTORIES: Number C14-2018-0150 (1804/1806/1808 West 6th Street Rezoning) Request The Applicant is proposing to rezone adjacent properties at 1804, 1806 and 1808 W 6th St. (0.681 acres) from SF-3-NP to LO-MU- NP. Commission 05.14.2019: Motion by Commissioner Shaw, seconded by Commissioner Seeger to grant Staff’s recommendation of NO-MU-NP was approved on a vote 10-1. Commissioner McGraw voted nay. Chair Kazi and Commissioner Shieh off the dais. City Council 09.19.2019: MF-4- NP for 1804 West 6th Street and MF-4- CO-NP for 1806 and 1808 West 6th Street was approved with conditions on Council Member Kitchen's motion, Council Member Ellis' second on an 11-0 vote. C814-82-006.02(83) C14-2023-0023 (West 5th Street Bank) The Applicant is proposing to rezone approximately 0.499 acres from LO-V- CO-NP to CS-MU- V-CO-NP. 07.11.2023: Approved staff's recommendation for CS-MU-V-CO-NP by consent (12-0); J. Connolly-1st, C. Hempel-2nd 5 09.01.2023: CS- MU-V-CO-NP was approved on Council Member Pool's motion, Council Member Qadri's second on a 9-0 vote. Council Members Harper- Madison and Vela were off the dais. RELATED CASES: C814-82-006: Original PUD case (Approved 11.04.1982) C814-82-006.01(83): PUD Amendment to allow a change in permitted uses. (Approved 07.27.2006) ADDITIONAL STAFF COMMENTS: Comprehensive Planning Project Name and Proposed Use: 1717 W 6TH STREET. C814-82-006.02(83). Project: Lake Austin Commons PUD Amendment. Old West Austin NP. FLUM: N/A. The applicant is proposing to amend a previously approved PUD for 3.399 acres of the 5.96 acre PUD. Existing: 155,584 sq ft office building with below grade and secondary above ground parking structure with eight rooftop pickleball courts, 11,567 sq ft retail uses, 5,341 sq ft medical office, 4,879 sq ft financial services, and 6,000 sq ft restaurant. Proposed: maintain existing uses and square footages, but increase office space to 183,384 sq ft above parking garage. Proposes to amend the PUD Ordinance and land use plan to allow additional permitted uses, increase maximum height to 90 ft and FAR to 2:1 to increase parking structure floor space, to request exemption from Section 25-2-1063 of Austin City Code regarding Height Limitations and Setbacks for Large Sites, and to modify Section 25-6-471 regarding Off- Required for a minimum of 530 parking spaces on-site. Street Parking Facility Yes Y Imagine Austin Decision Guidelines Complete Community Measures * Imagine Austin Growth Concept Map: Located within or adjacent to an Imagine Austin Activity Center, Imagine Austin Activity Corridor, or Imagine Austin Job Center as identified the Growth Concept Map. Names of Activity Centers/Activity Corridors/Job Centers *: • 5th/6th Streets/Lake Austin Boulevard Activity Corridor Y Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or light rail station. • Adjacent to W 6th St Bus Stop Y Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane. • Sidewalks present on W 6th St, Campbell St, and W 5th St 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. C814-82-006.02(83) 6 Y Connectivity and Education *: Located within 0.50 miles from a public school or university. • Matthews Elementary School recreation area, park or walking trail. Y Connectivity and Healthy Living *: Provides or is located within 0.50 miles from a • Sidewalk infrastructure intersecting MoPac provides access to Deep Eddy Neighborhood Park Y Connectivity and Health *: Provides or is located within 0.50 miles of health facility (ex: hospital, urgent care, doctor’s office, drugstore clinic, and/or specialized outpatient care.) • Freeman Medical Clinic 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.) Y 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” 8 Drainage DE1. Upon review of the application and supporting documentation, it appears there are no proposed changes to the PUD that are associated with drainage engineering requirements. No drainage comments at this time. Environmental EO1 U0 To offset the impact of light pollution from the increase in height, incorporate light pollution reduction criteria into the development by committing to compliance with Austin Energy Green Building ST7 Light Pollution Reduction standards or alternative standards for reducing light pollution. EO2 U0 To offset the impact on bird collision from the increase in height, incorporate bird friendly design criteria into the development by committing to compliance with Austin Energy Green Building STEL5 Bird Collision Deterrence standards or alternative standards for reducing bird collision. C814-82-006.02(83) 7 EO3 U0 Remove grandfathering language from the ordinance. Fire No comments on rezoning. PARD – Planning & Design Review PR1: PUD amendment as proposed does not trigger additional superiority requirements for parkland dedication. Site Plan SP1. Site plans will be required for any new development other than single-family or duplex residential. SP2. SP3. 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. SP4. A portion of the proposed zoning area is located within the Scenic Roadways Overlay. the existing development. SP5. This tract is already developed, and the proposed zoning change is a footprint within Transportation and Public Works Department (TPW) – Engineering Review TPW 1. In consideration of the City’s updated parking regulations, the Transportation Public Works Department does not recommend approval of the proposed PUD amendment which would require a minimum of 530 parking spaces. TPW 2. If the parking requirement amendment is to be recommended, TPW requests that the site be subject to the submittal and approval of a Transportation Demand Management Plan in accordance with Transportation Criteria Manual guidelines. TPW 3. Additional right-of-way maybe required at the time of subdivision and/or site plan according to the Transportation Plan [LDC 25-6-51 and 25-6-55]. TPW 4. A traffic impact analysis shall be required at the time of site plan if triggered, when land uses and intensities will be known per LDC 25-6-113 and TCM 10.2.1. U1: Comment cleared. U1: Comment cleared. U1: Comment cleared. U1: Comment cleared. C814-82-006.02(83) EXISTING STREET CHARACTERISTICS: Name ASMP Classification Existing ROW Existing Pavement Sidewalks Bicycle Route ASMP Required ROW 8 Capital Metro (within ¼ mile) W. 5th Street W. 6th Street Campbell Street 3 3 1 80’ 83’-212’ 50’ Yes Yes Yes 80’ 63’ 40’ Yes Yes Yes 58’ 60’ 42’ Yes No Yes TIA: A traffic impact analysis has been waived as the site must demonstrate compliance with the TIA associated with Lake Austin Commons PUD. TIA may require update upon further review. Austin Water Utility Comments cleared. Water Quality WQ 1. Please make sure all the new imperious cover and the re-development will meet the current Water Quality Criteria. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: A. Zoning Map B. Applicant’s Summary Letter Dated February 19, 2024, and Applicant Comment Response Letter Dated June 13, 2024. C. Correspondence from Interested Parties D. Draft Redlined Ordinance (Most Recent Revision incorporating AWU comments) ( ( ( ( ( ( E V A A ( S E SF-3-NP R E ( H T ( ( ( ( SF-3-NP ( SF-3-NP ( ( ( 02-0112 ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( W 10T H ST SP91-273CS SF-3-NP 02-0112 P M A B R H E O 5T B T C S PA O N M N M B Y S P X C E PA O N M B Y N P X C E PA O N M ( ( SF-3-NP ( ( T N S O S P U ( ( ( SF-3-NP ( MF-3-NP N D L E T S WIN ( ( W 7TH ST T N S MF-3-NP O S P U ( SF-3-NP S. P A T MF-3-NP A P T S. ( C14-2010-0052 P M A R B S C A P O M O T D E T S N I W ( SF-3-NP 64-201 H-00-0008 ( T TA S N A L AT GR-NP ( W 6TH WB TO LAKE AUSTIN RAMP OPAC NB TO NE W FIELD RAMP ( W 8TH ST ( ( ( ( ( SF-3-NP ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( P M A R B N C A P O M O T H T 6 W ( ( E V A A S E R E H T ( ( ( ( ( ( 66-105 ( MF-4-CO-NP C14-2018-0150 ( MF-4-NP LO-NP ( ! ! ( ! ! ! SF-3-H-NP ! ( ! ! ! ( ! ( ( SF-3-NP ( ( ( ( ( ( SF-3-NP ( ( ( S C 8 9 2 0 - 2 0 - P S ( E V A N O S R E T T A P 1 0 -1 2 9 ( 0 3 - 0 8 GR-NP ( 1 5 - 1 7 ( ( C14-2014-0072 C14-2016-0018 ( SF-3-NP NIE A N J E V E ( SF-3-NP ( ( SF-3-NP ( F R A N ( CIS A ( SF-3-NP ( V E NO-NP ( NO-MU-CO-NP C14-05-0025 ( 05-0025 ( 85-305 ( LO-NP ( ( E V A A T S U G U A ( ! ! W 6T ! H S T ! ! ! ! ! ! ! ! ! ! ! ! C E S A R C H A V E Z T O M O P A C N B R A M P C E S A R C H A V E ( ( ( ( H A R L O T T E S T ( ( C ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( SF-3-NP ( ( GIE M ( M A G ( 02-0112 ( ( ( AY ( ES ST ( T N S O S T R E B O R SF-3-NP ( ( ( ( ( W 9T H S T ( ( MF-3-NP 49.0 9 1 04-0 SF-3-NP ( C14-04-0149.09 ( L O O H C S MF-3-NP ( C14-04-0149.44 SF-3-NP ( ( SF-3-NP ( ( W 11T H H A LF S T ( ( W 11 ( ( T H S T ( ( ( ( ( CS-MU-CO-NP ( ( C14H-2019-0161 SF-3-H-NP ( 02-0112 ( CS-MU-CO-NP ( 37-10 W 9T H H ALF S T MF-3-H-NP MF-3-NP ( ( ( MF-4-NP ( ( MF-4-NP ( ( ( SF-3-NP W 9 T H S T ( ( ( MF-4-NP ( 04-0149.10 W 8TH ST ( ( ( 02-0112 ( SF-3-NP ( C14-04-0149.10 ( ( 04-0149.28 ( ( ( ( C14-04-0149.28 SF-3-NP ( ( ( ( ( CONDOS. P79-11 84-396 ( NO-MU-H-CO-NP T N S N H76-01 ( SF-3-NP C14-04-0149.43 ( 04-0149.43 T LY S E W APTS. C14H-06-0022 MF-4-NP APTS. MF-4-HD-NP ( LO-NP ( ( LO-NP ( MF-4-NP ( ( MF-4-NP APARTMENTS SF-3-HD-NP C14-04-0149.25 ( ( SF-3-HD-NP MF-4-HD-NP ( SF-3-NP ( C14-04-0149.26 ( 04-0149.26 ( ( SF-3-HD-NP ( C14-04-0149.17 S. ( T P A ( MF-4-HD-NP ( ( ( MF-4-HD-NP ( C14-04-0149.20 SF-3-HD-NP ( SF-3-H-HD-NP ( ( C14H-2018-0013 ( ( C14H-80-025 ( C14-04-0149.22 MF-4-NP ( ( W 6T H H ( E ALF S V D A ( SF-3-HD-NP N A L H HIG ( SF-3-NP ( LO-NP O FC . T ( ( ( MF-4-HD-NP ( MF-4-NP GO-NP 4 -5 9 7 C. F O C. F O T L S L E W O P UNZ UNIVERSITY OF TEXAS STUDENT HOUSING 02-0112 S T N E M T R PA A MF-4-NP N M O P A C N B T O 5 T H E B R A M P 02-0112 P-NP EILERS PARK P-NP PARKING 02-0112 TENNIS COURTS LI-NP Z T O M O P A C S B R A M P ! ! PUD-NP C814-82-006.01(83) ! ! ! ! ! ! C14-02-0112 ! C814-82-006.01(83) ! SP-04-0689B ! ! ! 02-0112 ! ! ! !! C814-82-006.01(83) C814-82-006.01(83) PUD-NP T E X A S & N E C H AIN S A W A UT O R E PAIR R E P AIR W O R L E A N S R A I L R O A D H E B R A M P LI-NP N M O P A C N 02-0112 HIGH SCHOOL B T O C E S A R C AUSTIN H IGH SCH OOL LI-NP O FC . T ! ! ( LL S OFC. GO-NP 80-87 ( MF-4-NP E B P M A C CS-MU-CO-NP 6 81-2 E FIC F O P - - 0 4 0 3 2 6 S C S ( GO-NP ( 80-90 ( ( 7 9 - 1 6 2 ( LO-NP 9 4 84-2 E FIC F O E R ( A C AY D ( CONDOS. R. T N G. C N LR GO-NP E FIC F O 3 5 7-1 6 CS-MU-V-CO-NP C14-2007-0237 MF-4-NP ( 02-0112 W 5 T NT U RA MF-4-NP CS-1-MU-V-CO-NP LO-CO-NP ( H S T TA RES LI-PDA-NP C14-05-0038 SP94-0104CS CS-MU-V-CO-NP ( C14-2007-0237 LO-V-CO-NP GO-CO-NP 79-5 79-124 LO-NP C14-2015-0044 LO-NP S . O D N O C ( GO-NP O F C . LR-MU-CO-NP E V D A N A L K A O LO-NP ( C14-2013-0138 GO-NP LO-CO-NP OFF. 82-206 LO-NP P80-141 85-111 C14-2023-0023 C A R W A S H GO-NP CS-MU-V-CO-NP 98-0066 LO-NP LR-NP C14-2018-0030 C14-2007-0237 OFF. C14-06-0176 C14-2022-0164 CS-MU-CO-NP ! ! ! C14-2007-0237 CS-MU-V-CO-NP ! ! ! ! 05-0038 LI-CO-NP AUTO SALES GR-MU-V-CO-NP C14-2007-0237 85-265 02-0112 LI-CO-NP STRIP MALL 02-0112 T L S U A P G KIN R A P P S O C H 11 Y S 3-1 D 9 O P S B C14-2015-0078 LI-PDA-NP C14-2013-0101 C14-2007-0237 GR-V-CO-NP OFF. C14-2007-0237 None LR-V-NP PARKIN G P O H Y S D O B C14-2023-0101 02-0112 SP95-0075C 02-0112 LI-CO-NP T R S E L S S E R P ( LI-PDA-NP C14-2021-0113 W 3RD ST SP-87-011 ( ( LI-CO-NP W C E S A W R C C E H S A A V R E C Z H S T A V E Z S T LI-NP 02-0112 P-NP LI-PDA-NP C14-2012-0008 C14-2021-0112 STE P H E N F A U STIN D R P-NP P-NP P-NP LI-NP P-NP P-NP RESE RVE R D SP-02-0352C C14-2014-0134 C14-2021-0111 C14-2012-0015 LI-PDA-NP P ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY PLANNED UNIT DEVELOPMENT ZONING CASE#: C814-82-006.02(83) 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. 202XXXXX-XX , and No. 20060727-122,  Except for water quality and as otherwise specifically provided by this ordinance, all other rules, regulations, and ordinances of the City in effect on July 27, 2006 apply to the PUD. However if the existing parking garage and office building on the property are removed or the site is substantially redeveloped the new development shall comply with current code in effect at the time an application for development is submitted. For the purposes of this PUD amendment, substantial redevelopment shall be defined as adding 125,000 square feet or more of gross floor area to an existing building. REFER TO NEXT PAGE FOR PERMITTED/PROHIBITED USES All uses permitted in the Commercial Services (CS) zoning district are permitted on the Property except as provided herein. The following uses are additional permitted uses: Condominium Residential Townhouse Residential Multi-Family Residential Cocktail Lounge (maximum of 10,000 square feet) The following uses are prohibited uses in addition to those uses already prohibited in the CS zoning district: Alternative Financial Services Automotive Repair Services Automotive Washing (of any type) Campground Equipment Repair Services Exterminating Services Kennels Pawn Shop Services Limited Warehousing and Distribution Automotive Rentals Automotive Sales Bail Bond Services Drop-Off Recycling Collection Facility Equipment Sales Funeral Services Laundry Services Service Station The maximum building height on the Property is 90-FT plus additional height limit exceptions in Section 25-2-531 (Height Limit Exceptions) The maximum floor-to-area ratio on the Property is 2:1. ENVIRONMENTAL: 1. New building elements to comply with 2022 AEGB Commercial Guidelines for ST7 Light Pollution Reduction. 2. Proposed new facades above the height of the existing building will achieve an average bird strike threat factor of 30 or less across each new facade as defined by the American Bird Conservancy Bird Threat Material List dated October, 2011. 3. The PUD will provide water quality controls in accordance with Chapter 25-8, Subchapter A, Article 6 (Water Quality Controls) of the Land Development Code in effect at the time of site plan submittal. FULL SIZE REDLINED EXHIBITS ARE PROVIDED SEPARATELY FULL SIZE REDLINED EXHIBITS ARE PROVIDED SEPARATELY FULL SIZE REDLINED EXHIBITS ARE PROVIDED SEPARATELY FULL SIZE REDLINED EXHIBITS ARE PROVIDED SEPARATELY FULL SIZE REDLINED EXHIBITS ARE PROVIDED SEPARATELY FULL SIZE REDLINED EXHIBITS ARE PROVIDED SEPARATELY