14 C14-2024-0114 - 5210 Bruning Ave Staff Report

Planning Commission – Jan. 14, 2025

14 C14-2024-0114 - 5210 Bruning Ave Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2024-0114 - 5210 Bruning Ave DISTRICT: 9 ZONING FROM: GR-CO-NP ZONING TO: GR-MU-V-CO-DB90-NP ADDRESS: 705 East 53rd Street and 5210 Bruning Avenue PROPERTY OWNER: JEV Family LTD SITE AREA: 0.3520 acres (15, 333 sq. ft.) AGENT: Drenner Group, PC (Leah Bojo) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to grant community commercial - mixed use - vertical mixed use building - conditional overlay - density bonus 90 - neighborhood plan (GR- MU-V-CO-DB90-NP) combined district zoning. The conditional overlays will prohibit the following uses: • Automotive rentals • Automotive repair services • Automotive sales • Exterminating services • Funeral services • Hospital services (general) • Medical offices (exceeding 5,000 sq. ft.) • Pawn shop services • Residential treatment • Service station The following uses are conditional uses on the property: • Congregate living • Drive-in service as an accessory use to a commercial use PLANNING COMMISSION ACTION / RECOMMENDATION: January 14, 2024: CITY COUNCIL ACTION: ORDINANCE NUMBER: 14 C14-2024-0114 - 5210 Bruning Avenue; District 91 of 28C14-2023-0114 2 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 0.35 acres, partially developed with single family residential, has access to East 53rd Street (level 2) and Bruning Avenue (level 1) and is zoned general community commercial - conditional overlay - neighborhood plan (GR-CO-NP). The property has single family residences (SF-3-NP) to the north, south and west and Automotive uses (CS-CO-NP) to the north. There is a church (SF-3-NP) to the south along with a variety of commercial uses and food sales (CS-MU-CO-NP, CS-MU-V-NP and LR-MU-CO-NP) to the south, east and west. Please refer to Exhibits A (Zoning Map) and B (Aerial View). The applicant is requesting grant community commercial - mixed use - vertical mixed use building - conditional overlay - density bonus 90 - neighborhood plan (GR-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 30 residential units and will not be seeking a modification for the ground floor commercial space requirement. Please refer to Exhibit C (Applicant’s Summary Letter). Staff is recommending the community commercial - mixed use - vertical mixed use building - conditional overlay - density bonus 90 - neighborhood plan (GR-MU-V-CO-DB90-NP) combining district zoning for the proposed 30 residential units, to allow for a unified development with a total of 139 dwelling units. The GR-MU-V-CO-DB90-NP request will allow for more density near the Airport Blvd Core Transit Corridor. The site is located within the North Loop Neighborhood plan and within the Highland Mall Station Regional Center. A development utilizing the “density bonus 90” incentives is permitted with 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 GR 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: 14 C14-2024-0114 - 5210 Bruning Avenue; District 92 of 28C14-2023-0114 3 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 residential 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: a) 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. This request is consistent with the “VMU2” option and Ordinance No. 20240229-073, which replaced the invalidated “VMU2” option. b) The proposed zoning should be consistent with the purpose statement of the district sought. The community commercial district 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. 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. 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. 14 C14-2024-0114 - 5210 Bruning Avenue; District 93 of 28C14-2023-0114 4 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. c) 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 ZONING GR-CO-NP CS-CO-NP & SF-3-NP CS-MU-CO-NP & SF-3-NP LAND USES Single Family Residential Automotive Uses & Single Family Residential Commercial Uses, Religious Assembly & Single Family Residential Commercial Uses and Restaurant Food Sales (Zucchini Kill) & Single Family Residential CS-MU-V-NP & CS-V-NP LR-MU-CO-NP & SF-3-NP East West SCENIC ROADWAY: No NEIGHBORHOOD PLANNING AREA: North Loop Neighborhood Planning Area WATERSHED: Boggy Creek Watershed CAPITOL VIEW CORRIDOR: No SCHOOLS: Austin Independent School District Ridgetop Elementary School COMMUNITY REGISTRY LIST: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Austin Regional Group Central Austin Community Development Corporation Friends of Austin Neighborhoods Go Vamos Austin – North Homeless Neighborhood Association Neighborhood Empowerment Foundation North Austin Neighborhood Alliance North Lamar Neighborhood Association North Lamar/Georgian Neighborhood Team North Loop IBIZ District North Loop Neighborhood Association McCallum High School Lamar Middle School 14 C14-2024-0114 - 5210 Bruning Avenue; District 94 of 28C14-2023-0114 North Loop Neighborhood Plan Contact Team Preservation Austin Red Line Parkway Initiative AREA CASE HISTORIES: 5 Ridgetop Neighborhood Association SELTexas Save Our Springs Alliance Sierra Club NUMBER REQUEST COMMISSION C14-2008-0002 – North Loop Neighborhood Planning Area Vertical Mixed Use Building (V) Zoning Opt-In/Out C14-2008- 0002.001 – North Loop Neighborhood Planning Area Vertical Mixed Use Building (V) Zoning Opt Amending the boundaries of the VMU Overlay District and/or rezoning selected tracts within the North Loop Neighborhood Planning Area with the vertical mixed use building "V" combining district. The planning area is bounded by IH-35 to the east, 45th St, Red River St, and 51st St to the south, Lamar Blvd to the west, and Koenig Lane on the north. These properties were intended by the Neighborhood Plan Contact Team to be opted into VMU as a part of the original North Loop VMU case that was adopted by City Council on March 20, 2008. However, due to an error, these properties were omitted from the original case and are now being brought forward as an auxiliary case. The neighborhood has recommended all VMU incentives for properties within this 10 acre area. To Grant all amendments for the North Loop NPA (01/29/2008) To Grant all amendments for the North Loop NPA (05/13/2008) CITY COUNCIL Approved the Neighborhood Plan as Planning Commission Recommended (03/20/2008) Approved the Neighborhood Plan as Planning Commission Recommended (06/05/2008) RELATED CASES: C14-02-0009 - North Loop Neighborhood Plan Combining District Rezonings C14-2024-0112 – 5301 Martin Avenue: Associated with this rezoning case as they will be one unified development. The applicant is requesting to rezone from CS-CO-NP and SF-3- NP to CS-MU-V-CODB90-NP in order to develop 36 residential dwelling units. This case is going to Planning Commission on January 14, 2025 for a recommendation. C14-2024-0113 – 704 E. 53rd St: Associated with this rezoning case as they will be one unified development. The applicant is requesting to rezone acres from CS-CO-NP to CS- MU-V-CO-DB90-NP in order to develop 73 residential dwelling units. This case is going to Planning Commission on January 14, 2025 for a recommendation. ADDITIONAL STAFF COMMENTS: 14 C14-2024-0114 - 5210 Bruning Avenue; District 95 of 28C14-2023-0114 6 Comprehensive Planning: Project Name and Proposed Use: 5210 BRUNING AVENUE. C14-2024-0114. North Loop Neighborhood Plan. FLUM: Mixed Use. Project: 5210 Bruning Avenue. 0.3520 acres from GR-CO-NP to GR-MU-V-CO-DB90-NP. Demolition is proposed, with 1 residential unit to be demolished. Existing: vacant and 1 single family. Proposed: 30 multifamily units. 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 Complete Community Measures * Y Imagine Austin Decision Guidelines 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 *:  Within Highland Mall Station Regional Center; Adjacent to 53rd Street Activity Corridor; 0.07 miles to Airport Boulevard Activity Corridor Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or light rail station.  0.15 miles to bus stop along Duval St Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane.  Sidewalk and bike lane present along E 53rd Street, and Bruning Ave Connectivity, Good and Services, Employment *: Provides or is located within 0.50 miles to goods and services, and/or employment center.  Goods and Services present along E 53rd Street and Airport 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 Ridgetop Elementary School Connectivity and Healthy Living *: Provides or is located within 0.50 miles from a recreation area, park or walking trail.  0.3 miles to Bruning Green (pocket 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). Y Y Y Y Y Y Y 14 C14-2024-0114 - 5210 Bruning Avenue; District 96 of 28C14-2023-0114 7 Y 9 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 the Boggy Creek Watershed of the Colorado River Basin, which is classified as an Urban Watershed 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. 14 C14-2024-0114 - 5210 Bruning Avenue; District 97 of 28C14-2023-0114 8 Fire: There are no comments. PARD – Planning & Design Review: Parkland dedication will be required for the new dwelling units 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. At the applicant’s request, PARD can provide an early determination of whether fees in-lieu of land will be allowed. 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. Compatibility Standards The site is subject to compatibility standards due to the [proximity/adjacency] of SF3 zoning on the Southwest side of property. Reference 25-2-1051, 25-2-1053 Any structure that is located: a) At least 50 feet but less than 75 feet from any part of a triggering property may not exceed 60 feet. b) Less than 50 feet from any part of a triggering property may not exceed 40 feet. Reference 25-2-1061 A 25-foot (15-foot if site is less than 75 feet wide) compatibility buffer is required along the property line shared with the triggering property. No vertical structures are permitted in the compatibility buffer. Reference 25-2-1062(B) An on-site amenity, including a swimming pool, tennis court, ball court, or playground, may not be constructed 25 feet or less from the triggering property. Reference 25-2-1062 14 C14-2024-0114 - 5210 Bruning Avenue; District 98 of 28C14-2023-0114 9 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. Bruning Ave 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. This tract is already developed, and the proposed zoning change is a footprint within the existing development FYI This site is in the North Loop Neighborhood Plan Austin Transportation Department – Engineering Review: An approved TIA determination worksheet is required. Additional comments may be generated upon receipt, including the requirement to conduct a TIA/TA/NTA. [LDC 25-6- 113]. The Austin Strategic Mobility Plan (ASMP) calls for 72 feet of right-of-way for E 53RD ST. It is recommended that 36 feet of right-of-way from the existing centerline should be dedicated for E 53RD ST according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. The Austin Strategic Mobility Plan (ASMP) calls for 58 feet of right-of-way for BRUNING AVE. It is recommended that 29 feet of right-of-way from the existing centerline should be dedicated for BRUNING AVE according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. 14 C14-2024-0114 - 5210 Bruning Avenue; District 99 of 28C14-2023-0114 Existing Street Characteristics: 10 Name ASMP Classification Existing ROW Existing Pavement Sidewalks Bicycle Route Capital ASMP Required ROW E 53rd St Local Mobility - Level 2 Bruning Ave Local Mobility - Level 1 72 feet 46 feet 37 feet Existing 5 feet sidewalks Bike Lane - Protected One- Way 58 feet 46 feet 29 feet Existing 6 feet sidewalks On-street bike lane Yes 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. Based on current public infrastructure configurations, it appears that service extension requests (SER) will be required to provide service to this lot. For more information pertaining to the Service Extension Request process and submittal requirements contact the Austin Water SER team at ser@austintexas.gov. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: A. Zoning Map B. Aerial Map C. Applicant’s Summary Letter D. C14-02-0009 - North Loop Neighborhood Plan Combining District Ordinance Correspondence from Interested Parties 14 C14-2024-0114 - 5210 Bruning Avenue; District 910 of 28CS-MU-V-CO-NP T DEALER CO. 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CS-V-CO-NP ( GR-V-CO-NP ( SF-3-NP ( E 50T ( H ST ( ( ( ( SF-3-NP ( ( GR-MU-CO-NP NPA-2013-0011.02 C14-2013-0021 ( ( SF-3-NP ( C14-06-0004 ( NO-MU-V-NP ( SF-3-NP ( ( ( SF-3-NP ( ( ( D S T ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( 82-052 ( ( E N AV O M R A H ( C14-2011-0063 LO-MU-V-NP NPA-2008-0011.01 GR-CO-NP ( C14-2013-0121 73-114 GR-MU-V-CO-NP ( ( NPA-2008-0011.01 GR-V-CO-NP ( 72-30 MF-4-NP A P T S. ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( SF-3-NP ( LR-NP ( CS-V-CO-NP NPA-2008-0011.01 C14-95-0166 ( ( ( CS-MU-CO-NP CS-MU-CO-NP P82-104 ( SF-3-NCCD-NP ( ( ( ( ( ( 96 ( 1 04-0 ( ( SF-3-NCCD-NP CS-NCCD-NP U P H O LS TE R Y T. P A ( ( ( ( ( ( SF-3-NCCD-NP ( ( SF-3-NCCD-NP ( ( ( CS-NCCD-NP COND. ( ( 96 1 ( 04-0 SF-3-NCCD-NP ( ( CS-MU-CO-NP G R O C . CS-MU-CO-NP ( SF-3-NP ( APT. CS-MU-CO-NP 8 4 73-1 ( ( ( ( SF-3-NP ( ( ( ( ( ( ( SF-3-NP ( ( ( ( 96 1 04-0 ( ( ( E 51S ( T S T ( ( ( SF-3-NCCD-NP ( ( H C R U H C ( SF-3-NCCD-NP ( 96 1 04-0 ( 96 ( 1 04-0 ( SF-3-NCCD-NP ( ( ( ( ( 96 1 04-0 ( ( ( ( ( ( ( ( ( ( SF-3-NCCD-NP ( ( ( 96 1 04-0 ( SF-3-NCCD-NP ( ( ( ( ( ( ( ( ( ( ( 04-0196 SF-3-NCCD-NP ( ( ( E 50T ( H S T C14-04-0196 ( ( ( ( ( ( ( ( ( SF-3-NCCD-NP ( ( ( ( ( ( C14-04-0196.03 ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2-NCCD-NP ( ( ( ( E V S A N A V E ( ( ( F AIR FIE L ( 04-0196 ( ( ( ( ( ( E 49T ( ( 04-0196 ( H S T ( ( SF-3-NCCD-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( D L ( ( 96 SF-2-NCCD-NP 1 04-0 ( ( N ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NCCD-NP ( SF-3-NP ( LO-MU-CO-NP ( ( SF-3-NP ( 7 2 0 - 5 8 Z R SF-3-NP ( SF-3-NP ( ( ( ( ( ( ( ( SF-3-NP ( SF-3-NP ( E V S A R E EIL ( ( ( C H U R C H ( ( ( E V L A L E W S A C ( SF-3-NP ( ( ( ( SF-3-NCCD-NP 81-65 P82-002 C H U R C H RIDGETOP ELEMENTARY SCHOOL E V A N O S K R A L C SF-3-NCCD-NP T R S E ( D RIV E R SF-3-NP ( ( ZONING ( ( ( ( ( SF-3-NCCD-NP ( ( 96 ( 1 04-0 ( ( SF-3-NCCD-NP ( P A R KIN G 96 1 04-0 ( PA R KIN G ( CS-MU-V-CO-NP P81-91 81-231 SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ( ± Exhibit A 1 " = 400 ' ZONING CASE#: C14-2024-0114 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: 7/29/2024 14 C14-2024-0114 - 5210 Bruning Avenue; District 911 of 28Exhibit B 14 C14-2024-0114 - 5210 Bruning Avenue; District 912 of 28Leah M. Bojo lbojo@drennergroup.com 512-807-2918 Ms. Lauren Middleton-Pratt Permitting and Development Center (PDC) 6310 Wilhelmina Delco Drive Austin, TX 78752 June 27, 2024 Via Electronic Delivery Re: 5210 Bruning Avenue – Zoning application for the 0.352-acre combined properties located at 705 E 53rd Street and 5210 Bruning Avenue, Austin, TX 78751, comprised of TCAD IDs: 2012218893 and 2012218894 (the "Property") Dear Ms. Middleton-Pratt: As representatives of the owners of the Property, we respectfully submit the enclosed Zoning application package. The project is titled 5210 Bruning Avenue and 0.352-acres of land, located on the south side of E 53rd Street between Martin Avenue and Eilers Avenue. The Property is in the Full Purpose Jurisdiction of the City of Austin. The Property is currently zoned GR-CO-NP (Community Commercial – Conditional Overlay – Neighborhood Plan). The requested zoning is to GR-MU-V-CO-DB90-NP (Community Commercial – Mixed Use – Vertical Mixed-Use Building –Conditional Overlay – Density Bonus 90 – Neighborhood Plan). Zoning Ordinance No. 20020523-031 established the Neighborhood Planning Area, as well as the Conditional Overlay which applies to 5301 Martin Avenue. The Conditional Overlay restricts certain uses on the Property as shown below, which we propose to remain. The following uses are prohibited on 705 E 53rd Street: Automotive rentals Automotive sales Funeral services • • • • Medical offices (exceeding 5,000 sq. ft.) • Residential treatment • Automotive repair services • Extermination services • Hospital services (general) • • • • Drive-in service as an accessory use to a commercial use Pawn shop services Service station Congregate living This request includes the DB90 (Density Bonus 90) combining district, that was recently approved on February 29, 2024, via Ordinance No. 20240229-073. Exhibit C 14 C14-2024-0114 - 5210 Bruning Avenue; District 913 of 28 June 27, 2024 Page 2 The Property is located in the North Loop Neighborhood Planning Area (NPA) and has a Future Land Use Map (FLUM) designation of Mixed Use. The FLUM designation will remain as Mixed Use and a Neighborhood Plan Amendment is not necessary. A Traffic Impact Analysis (TIA) determination is currently pending with the Austin Transportation Department. This rezoning application is associated with two (2) other rezoning applications titled 704 E 53rd Street and 5301 Martin Avenue. Please let me know if you or your team members require additional information or have any questions. Thank you for your time and attention to this project. Sincerely, Leah M. Bojo cc: Joi Harden, Planning Department (via electronic delivery) 14 C14-2024-0114 - 5210 Bruning Avenue; District 914 of 28ORDINANCE NO. 020523-31 AN ORDINANCE REZONING AND CHANGING THE ZONING MAP TO ADD A NEIGHBORHOOD PLAN COMBINING DISTRICT TO THE BASE ZONING DISTRICTS ON APPROXIMATELY 614.97 ACRES OF LAND GENERALLY KNOWN AS THE NORTH LOOP NEIGHBORHOOD PLAN AREA ("NORTH LOOP") AND TO CHANGE THE BASE ZONING DISTRICTS ON 101 TRACTS OF LAND IN NORTH LOOP. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. The zoning map established by Section 25-2-191 of the City Code is amended to add a neighborhood plan (NP) combining district to each base zoning district within the property and to change the base zoning districts on 101 tracts of land within the property described in File C14-02-0009, as follows: Approximately 614.97 acres of land, in the City of Austin, Travis County, Texas, more particularly described and identified in the attached Exhibit "A", (the "Property"), generally known as the North Loop Neighborhood Plan (NP) combining district, locally known as the property bounded by Koenig Lane on the north, IH-35 on the east, Lamar Boulevard on the west and 45th Street, Red River Street and 51st Street on the south, in the City of Austin, Travis County, Texas, and generally identified in the map attached as Exhibit "B". PART 2. The base zoning districts for the 101 tracts of land are changed from family residence (SF-3) district, multifamily residence low density (MF-2) district, multifamily residence medium density (MF-3) district, limited office (LO) district, general office (GO) district, neighborhood commercial (LR) district, community commercial (GR) district, (GR-CO) combining district, general community commercial-conditional overly commercial services (CS) district, general commercial services-conditional overlay (CS- CO) combining district, commercial-liquor sales (CS-1) district, and commercial-liquor sales-conditional overlay (CS-1-CO) combining district to family residence-neighborhood plan (SF-3-NP) combining district, multifamily residence low density-neighborhood plan (MF-2-NP) combining district, multifamily residence medium density-neighborhood plan (MF-3-NP) combining district, multifamily residence moderate high density-conditional overlay-neighborhood plan (MF-4-CO-NP) combining district, neighborhood office- neighborhood plan (NO-NP) combining district, limited office-neighborhood plan (LO- Exhibit D Page 1 of 12 14 C14-2024-0114 - 5210 Bruning Avenue; District 915 of 28limited office-mixed use-neighborhood plan (LO-MU-NP) NP) combining district, combining district, limited office-conditional overlay-neighborhood plan (LO-CO-NP) combining district, limited office-mixed use-conditional overlay-neighborhood plan (LO- combining district, general office-mixed use-conditional overlay- MU-CO-NP) neighborhood plan (GO-MU-CO-NP) combining district, neighborhood commercial- conditional overlay neighborhood plan (LR-CO-NP) combining district, neighborhood commercial-mixed use-neighborhood plan (LR-MU-NP) combining district, neighborhood commercial-mixed (LR-MU-CO-NP) combining district, community commercial-mixed used-conditional overlay-neighborhood plan (GR-MU-CO-NP) combining district, community commercial-conditional overlay- neighborhood plan (GR-CO-NP) combining district, general commercial services- conditional overlay-neighborhood plan (CS-CO-NP) combining district, general commercial services-mixed use-conditional overlay-neighborhood plan (CS-MU-CO-NP) combining district, commercial-liquor sales-conditional overlay neighborhood plan (CS-1- CO-NP) combining district, and public-neighborhood plan (P-NP) combining district, as more particularly described and identified in the chart below. overlay-neighborhood use-conditional plan TRACT 1a 1a 1b 1c ADDRESS 5607LAMARBVN 5501 LAMAR BV N 600 NELRAY BV 5555 LAMAR BV N 1d 2 3 4a 4a 4b 4c 5a 5b 6 700 NELRAY BV 707, 709 NELRAY BV; 0 LAMAR BV N (LOT 38 NORTHFIELD ADDITION); 5403, 5409, 5415, 5417 LAMAR BVN 5301 ,5319 LAMAR BVN 701 NORTH LOOP BVE 5237, 5241 LAMAR BV N; 5253 LAMAR BV N (LOT 18-19, 20-21 LOT 22 *LESS 987 SF INTO ROW BLK B MURRAY PLACE) 5225 LAMAR BV N 0 LAMAR BV N (LOT 6-7 BLK B MURRAY PLACE); 0 LAMAR BV N (LOT 8-9 BLK B MURRAY PLACE); 5201 & 5209 LAMAR BV N; 702 ZENNIA ST 5101,5115, 5117LAMAR BVN; 62051 STW 703 ZENNIA ST 703, 705 NELRAY BV ; 702, 704, 710, 712 FRANKLIN BV Page 2 of 12 FROM CS CS&GR CS CS.CS-1.& LO LO CS | TO CS-CO-NP CS-CO-NP CS-CO-NP CS-CO-NP, CS-1- CO-NP LO-MU-NP CS-CO-NP CS-CO-NP CS-MU-CO-NP CS-CO-NP CS, LR, LO, MF-3 CS-CO-NP, LR-MU- NP, LO-MU-NP, MF- 3-NP CS-CO-NP CS CS CS CS CS LO SF-3 CS-CO-NP LO-NP MF-3-NP 14 C14-2024-0114 - 5210 Bruning Avenue; District 916 of 287 8 9 10 11 12 13 14 15 16 17 18 19 20 21a 21b 22 23a 23b 23c 23d 24 25a 25b 26a 26b 26c 27a 27b 28 29 30 612 NORTH LOOP BVW 301 KOENIG LN W 101,111,115,211KOENIGLNW 201 ,501 KOENIG LNE 702 56 STE; 5600 AIRPORT BV 601 , 605 56 ST E; 5500, 5504 MARTIN AV; 0 56 ST E (LOT 32 BLK 33 *LESS N 10FT HIGHLANDS THE PLUS ADJ 1/2 VAC ST) ; 0 MARTIN AV (S12.5FT OF LOT 24 * & N12.5FT OF LOT 25 BLK 34 *LESS E5FT HIGHLANDS THE) 5501 ,5509, 5511 MARTIN AV 711 56 ST E; 5500, 5502, 5504, 5506, 5508 MIDDLE FISKVILLE RD J500, 5512, 0 AIRPORT BV (N TRI OF BLK 1 HILL LOU H dRS SUBD) 701 55 STE 5408, 5410, 5414, 5416, 5418, 5420 MIDDLE FISKVILLE RD LO CS CS CS CS CS CS CS CS CS CS LO-MU-CO-NP CS-MU-CO-NP CS-MU-CO-NP CS-MU-CO-NP CS-MU-CO-NP CS-CO-NP CS-CO-NP CS-CO-NP CS-CO-NP CS-CO-NP CS-CO-NP 5406 MIDDLE FISKVILLE RD 5402 MIDDLE FISKVILLE RD 5400 MIDDLE FISKVILLE RD 5420 AIRPORT BV 5324, 5400, 5410 AIRPORT BV 5306 MIDDLE FISKVILLE RD 5639 AIRPORT BV; 901, 909, 921 REINLI ST 5619 AIRPORT BV 5520 HELEN ST 5555 AIRPORT BV 5501 AIRPORT BV 5335 AIRPORT BV 5325 AIRPORT BV 5307 AIRPORT BV; 819 53 1/2 ST E 818 53 STE 823 53 1/2 STE 5205, 5207 AIRPORT BV 81 9, 821 53 STE 5201 AIRPORT BV 813, 815 52 ST E; 5105 AIRPORT BV 51 01 AIRPORT BV Page 3 of 12 SF-3 CS SF-3 CS, CS-1 CS CS CS CS, CS-1 & CS-1 -CO CS CS CS & CS-1 CS CS-1 CS LO LR&CS CS LO CS&CS-1 CS CS CS-CO-NP CS-CO-NP CS-CO-NP CS-CO-NP.CS-1-CO- NP CS-CO-NP CS-CO-NP CS-CO-NP CS-CO-NP, CS-1 - CO-NP &CS-1-CO- NP CS-MU-CO-NP CS-CO-NP CS-CO-NP & CS-1 - CO-NP CS-CO-NP CS-1 -CO-NP CS-CO-NP LO-CO-NP LR-CO-NP & CS-CO- NP CS-CO-NP LO-CO-NP CS-CO-NP &CS-1- CO-NP CS-CO-NP CS-CO-NP 14 C14-2024-0114 - 5210 Bruning Avenue; District 917 of 2831 32 33 34 35 35 36a 36b 36c 37 38 39a 39b 39c 40 41 a 41 b 41 b 41 b 42 43 43 44 45 45 46 47 48 49 50 51 52 53 808 51 ST E 5009, 5011 AIRPORT BV 5001 ,5003 AIRPORT BV 4917 AIRPORT BV 4909, 4915 AIRPORT BV; 908 49 1/2 ST E 0 49 1/2 ST E (LOT 3 *RESUB OF LT A NORTH HARMON TERRACE) 4905 AIRPORT BV; 907 49 1/2 ST E 4901 AIRPORT BV 902.90449STE 90349STE 4801 , 4803 AIRPORT BV; 909 48 1/2 ST E 4715, 4721 , 0 AIRPORT BV (LOT 2 DYESS SUBD). 908 48 STE 4712 HARMON AV 4608 HARMON AV 108, 110 A, 112, 114 A NORTH LOOP BVE 100, 104, 106 NORTH LOOP BVW 100, 102, 0 NORTH LOOP BV W (W 85FT OF LOT 30-32 BLK 44 HIGHLANDS THE) 110 NORTH LOOP BVE 120 NORTH LOOP BVW 200 53 STE; 5303 AVENUE F 204 53 STE 5300 AVENUE G 5301, 5303 AVENUE G 5302 AVENUE H 5300 AVENUE H 5303DUVALST 5300, 5302 EVANS AV 600 54 ST E; 600 53 ST E (LOT 1-8, LOT 9-16, LOT 25-32 BLK 26 HIGHLANDS THE) 704, 706, 708 53 ST E; 5301 MARTIN AV; 0 53 ST E (LOT 17-18 *& 10 FT ADJ ALLEY BLK 27 HIGHLANDS THE); 0 53 ST E (LOT 19-20 *& 10FT ADJ ALLEY BLK 27 HIGHLANDS THE) 225 NORTH LOOP BV W; 5219 LERALYNN ST 209 NORTH LOOP BVW 101, 103, 109, 111 NORTH LOOP BV E; 117 NORTH LOOP BV W; 5208, 5210, 5212 AVENUE F 201 53 STE Page 4 of 12 CS-CO CS CS&CS-1 CS GR LR&GR GR CS CS&CS-1 LR&CS CS CS GR CS&CS-1 SF-3 GR,LO CS LR,CS LR LR GR LR LR LR CS LO CS CS CS-CO-NP CS-CO-NP CS-CO-NP &CS-1- CO-NP CS-CO-NP GR-CO-NP GR-CO-NP GR-CO-NP CS-CO-NP CS-CO-NP &CS-1- CO-NP CS-CO-NP CS-CO-NP CS-CO-NP GR-CO-NP CS-CO-NP &CS-1- CO-NP GR-CO-NP GR-CO-NP CS-CO-NP CS-CO-NP CS-CO-NP LR-CO-NP GR-CO-NP GR-CO-NP LR-CO-NP GR-CO-NP GR-CO-NP LO-CO-NP CS-CO-NP CS-MU-CO-NP CS CS-CO-NP LO CS CS CS LO-MU-CO-NP CS-CO-NP CS-CO-NP CS-CO-NP 14 C14-2024-0114 - 5210 Bruning Avenue; District 918 of 2854 55 56 57 58 59a 59b 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77a 77b 78 79 80a 80b 81 82 83 84 85 86a 86b 86c 86d 20753STE 5213 AVENUE G 5214 AVENUE H 40153STE 50153STE 521 3 EVANS AV 60153STE 5211 MARTIN AV 70553STE;5210BRUNINGAV 5201 , 5203, 5205, 5207 EVANS AV 5206EILERSAV 5211EILERSAV 5204 CLARKSON AV 5102DUVALST;40451STE 5100BRUN1NGAV 0 BRUNING AV (LOT 1 BLK 14 HIGHLANDS THE) 50051STE 51 01 EVANS AV 51 02, 51 06 CLARKSON AV 4701RED RIVER ST #101 - 304; 4705 RED RIVER ST 4700DEPEWAV 4625 RED RIVER ST 4624DEPEWAV 900 51 ST E 94051STE 944 51 ST E 905 & 907 51STE 4817 HARMON AV 4705, 4707, 4709, 4715 HARMON AV 471 9 HARMON AV 4701 HARMON AV 4610, 4612 CONNELLY ST 4606 CONNELLY ST 90649STE;909491/2STE 822, 908 REINLI ST ; 919 KOENIG LN E; 5804, 5812, 5816 INTERSTATE HY 35 N 5510, 5526, 5610, 5656, 5740 INTERSTATE HY 35 N; 0 INTERSTATE HY 35 N (LOT 2 *RESUB LOT 41-42 LESS W45.57FT AV DUVAL HEIGHTS); 925, 959 REINLI ST 922561/2STE 5500 INTERSTATE HY 35 N 5330 INTERSTATE HY 35 N Page 5 of 12 LR LR CS LR GR LR LR SF-3, LR GR LO CS CS LO CS CS CS CS CS. CS CS CS, MF-2 CS CS GO LO GR LO MF-2 CS LO LO LO LO LO CS CS LR-CO-NP LR-CO-NP CS-MU-CO-NP LR-CO-NP GR-CO-NP LR-MU-CO-NP LR-CO-NP LR-MU-CO-NP GR-CO-NP LO-MU-CO-NP CS-MU-CO-NP CS-MU-CO-NP LO-MU-CO-NP CS-MU-CO-NP CS-MU-CO-NP CS-MU-CO-NP CS-MU-CO-NP CS-MU-CO-NP CS-MU-CO-NP CS-MU-CO-NP CS-MU-CO-NP, MF- 2-NP CS-MU-CO-NP CS-MU-CO-NP GO-MU-CO-NP LO-MU- NP GR-MU-CO-NP LO-MU-NP SF-3-NP CS-MU-CO-NP LO-MU-CO-NP LO-MU-CO-NP LO-MU-CO-NP LO-MU-CO-NP LO-MU-CO-NP CS-CO-NP CS-CO-NP L O & CS MF-3&CS CS LO-CO-NP& CS-CO- NP NO-NP; CS-CO-NP CS-CO-NP 14 C14-2024-0114 - 5210 Bruning Avenue; District 919 of 2887 88a 88b 89a 89b 90 91 91 91 92a 92b 93 94 95a 95b 95c 96 97 98 98 99 100 101 1011, 1015 53 1/2STE 1014 53 ST E (LOT 2 * 2022 SF LOT 3 MASTER FSUBD LOT 1 *107X170FT AV *RESUB PT HILL LOU H MRS SUBD) 1014 53 ST E (LOT 1 MASTER F SUBD E 50'LT 1 BLK 0 RIDGETOP SUBD) 100052STE;100953STE 5210 INTERSTATE MY 35 N 100051STE;100352STE 100050STE 100650STE 1008 50 ST E ; 0 INTERSTATE HWY 35 N (LOT 2 * 272 SQ FT OF BLK B RIDGETOP) 4911 HARMON AV 4920 INTERSTATE MY 35 N 4916 INTERSTATE HY 35 N 4900, 4904, 4908, 4912 INTERSTATE HY 35 N 4834 INTERSTATE HY 35 N 4812 INTERSTATE HY 35 N 4806 INTERSTATE HY 35 N 4800 INTERSTATE HY 35 N 4600, 4704, 4706 INTERSTATE HY 35 N 100146STE 1003, 1007, 1011, 101946 ST E ; 4507, 4511 AIRPORT BV ; 451 2 INTERSTATE HY 35 N 901.90351STE 0 BRUNING AVE (BLK 17 HIGHLANDS THE) 5413GUADALUPE CS SF-3 SF-3 MF-3 CS cs CS-CO-NP CS-CO-NP GR-CO GR-CO-NP GR GR&CS GR LR&GR LO LR LO LO&CS CS CS LR GR-CO, GR, CS,LO GR CS & CS-1 CS CS, CS-1 GR-CO-NP GR-CO-NP & CS-CO- NP GR-CO-NP CS-CO-NP CS-CO-NP CS-CO-NP LO-CO-NP LO-CO-NP& CS-CO- NP CS-CO-NP CS-CO-NP CS-CO-NP GR-CO-NP, CS-CO- NP, LO-CO-NP GR-CO-NP CS-CO-NP &CS-1- CO-NP CS-CO-NP CS-CO-NP, CS-1- CO-NP CS-CO-NP GR-CO-NP P-NP MF-4-CO-NP PA wit RT 3. The following applies to an existing legal lot with single-family residential use hin the boundaries of the NP combining district: 1 . The minimum lot area is 2,500 square feet. 2. The minimum lot width is 25 feet. 3. For a lot with an area of 3,500 square feet or less, the impervious coverage may not exceed 65 percent. Page 6 of 12 14 C14-2024-0114 - 5210 Bruning Avenue; District 920 of 28PART 4. Secondary apartment special use is permitted on lots in residential districts within the boundaries of the NP combining district as set forth in Sections 25-2-1462 and 25-2-1463 of the Code PART 5. Corner store special use is permitted on lots in residential districts within the boundaries of the NP combining district as set forth in Sections 25-2-1482 through 25-2- 1485 of the Code. PART 6. Tracts 2, 3, 4a, 4b, 4c, 5a, 5b, 9 through 22, 24, 25a, 25b, 26a, 26b, 26c, 27a, 27b, 28 through 35, 36a, 36b, 36c, 37, 38, 39a, 39b, 39c, 40, 41a, 41b, 42 through 49, 51 through 58, 59a, 59b, 60, 61, 66 through 69, 84, and 99 may be developed as a neighborhood mixed use building special use as set forth in Sections 25-2-1502 through 25-2-1504 of the Code: PART 7. Tracts la, Ib, lc, 11 through 22, 24, 25a and 25b may be developed as neighborhood urban center special use as set forth in Sections 25-2-1521 through Section 25-2-1524 of the Code. PART 8. The Property within the boundaries of the conditional overlay combining district established by this ordinance is subject to the following conditions. 1. The following uses are conditional uses on Tracts la, Ib, lc, 2, 3, 4a, 4b, 4c, 5a, 8, 9, and 10: Adult oriented businesses Automotive sales Commercial blood plasma center Convenience storage Equipment sales Vehicle storage Agricultural sales and services Campground Construction sales and services Equipment repair services Kennels 2. The following uses are prohibited uses on Tracts 11 through 22, 23a, 23b, 23c, 23d, 24, 25a, 25b, 26a, 26c, 27a, 28, 29, 30, 32, 33, 34, 36b? 36c, 37, 38, 39a, 39c, 80a, 85, 86a, 86b, 86c, 86d, 87, 88a, 89b, 91, 92b, 93, 94, 95a, 95b, 96, 97, and 98: Adult oriented businesses Residential treatment Pawn shop services Transitional housing Page 7 of 12 14 C14-2024-0114 - 5210 Bruning Avenue; District 921 of 283. The following uses are conditional uses on Tracts 16 through 22, 23c, 23d, 24, 25a, 25b, 26a, 26c, 27a, 28, 29, 30, and 31: Agricultural sales and services Campground Construction sales and services Equipment repair services Kennels Automotive sales Commercial blood plasma center Convenience storage Equipment sales Vehicle storage 4. The following uses are conditional uses on Tracts 11 through 15, 23a, 23b, 32, 33, 34, 36b, 36c, 37, 38, 39a, and 39c: Agricultural sales and services Commercial blood plasma center Convenience storage Equipment sales Vehicle storage Campground Construction sales and services Equipment repair services Kennels 5. A site plan or building permit for the Tract 31 may not be approved, released, or issued, if the completed development or uses of Tract 31, considered cumulatively with all existing or previously authorized development and uses, generate traffic that exceeds 300 trips per day. 6. Vehicular access from Tract 31 to 51st Street is prohibited. All vehicular access to the Property shall be from other adjacent public streets or through other adjacent property. 7. The following uses are prohibited uses on Tract 31: Adult oriented businesses Residential treatment Transitional housing Pawn shop services Restaurant (drive-in, fast food) 8. The following uses are prohibited uses on Tract 23b: Cocktail lounge Liquor sales 9. The following uses are prohibited uses on Tracts 35, 36a, 39b, 89a, 90, 95c, and 99; Pawn shop services Residential treatment Page 8 of 12 14 C14-2024-0114 - 5210 Bruning Avenue; District 922 of 2810. The following uses are prohibited uses on Tracts 41b, 47, 48, 49, 51, 52, 53, 56, 63, 64, and 66 through 75: Adult oriented businesses Automotive rentals Automotive sales Commercial blood plasma center Equipment repair services Exterminating services Hospital services (general) Laundry services Medical offices (exceeding 5,000 s.f.) Residential treatment Transitional housing Transportation terminal Agricultural sales and services Automotive repair services Campground Convenience storage Equipment sales Funeral services Kennels Limited warehousing and distribution Pawn shop services Service station Vehicle storage 11. Construction sales and services use is a prohibited use on a site exceeding 8,000 square feet of gross floor area on Tracts 41b, 47, 48, 49, 51, 52, 53, 56, 63, 64, and 66 through 75. 12. The following uses are conditional uses on Tracts 40, 41a, 41b, 43, 45, 47, 48, 49, 51, 52, 53, 56, 58, 61, 63, 64, and 66 through 75. Congregate living Drive-in service as an accessory use to a commercial use. 13. The following uses are prohibited uses on Tracts 40, 41a, 43, 45, 58, and 61: Automotive rentals Automotive sales Funeral services Medical offices (exceeding 5,000 s.f.) Residential treatment Automotive repair services Exterminating services Hospital services (general) Pawn shop services Service station 14. The following uses are prohibited uses on Tracts 7, 42, 44, 46, 50, 54, 55, 57, 59a, 59b, 60, 62, and 65: Medical offices (exceeding 5,000 s.f.) Service station Residential treatment Page 9 of 12 14 C14-2024-0114 - 5210 Bruning Avenue; District 923 of 2815. The following uses are conditional uses on Tracts 80a, 85, 86a, 86b, 86c, 86d, 87, 88a, 89b, 91, 92b, 93, 94, 95a, 95b, 96, 97, and 98: Campground Convenience storage Kennels through 84. Commercial blood plasma center Equipment sales Vehicle storage 16. Residential treatment use is a prohibited use on Tracts 26b, 27b, 76, 80b, and 81 17. The followings uses are prohibited uses on Tract 88b: Automotive repair services Pawn shop services ' Restaurant (drive-in, fast food) Exterminating services Residential treatment Service station 18. The following conditions apply to Tract 88b: a. The floor area ratio (F.A.R.) may not exceed 1 to 1 for general retail sales (general) use, general retail sales (convenience) use, and financial services use. b. The floor area ratio (F.A.R.) may not exceed 0.45 to 1 for restaurant (general) use and restaurant (limited) use. c. The floor area ratio (F.A.R.) may not exceed 0.38 to 1 for food sales use. d. Vehicular access from the Property to 53rd Street is prohibited. All vehicular access to the Property shall be from other adjacent public streets or through other adjacent property. 19. The following conditions apply to Tract 101: a. Hospital services (limited) use is a prohibited use. b. The maximum height of a building is 40 feet from ground level. c. The minimum front yard setback is 25 feet. Page 10 of 12 14 C14-2024-0114 - 5210 Bruning Avenue; District 924 of 28d. The maximum building coverage is 55 percent. e. The maximum impervious cover is 65 percent. 20. The following conditions apply to a 0.510 acre tract of land out of Tract 95b, the tract of land described by metes and bounds in Exhibit "C" incorporated into this ordinance: a. General retail sales (general) and general retail sales (convenience) use may not exceed 13,260 square feet of gross floor area. b. Restaurant (general) use may not exceed 9,730 square feet of gross floor area. c. Restaurant (drive-in, fast food) use may not exceed 3,160 square feet of gross floor area. d. Financial services use may not exceed 12,500 square feet of gross floor area. e. Food sales use may not exceed 2,730 square feet of gross floor area. f. Vehicular access is prohibited from the property to Harmon Avenue. All vehicular access to the property shall be from other adjacent public streets or through other adjacent property. 21. The following condition applies to a 1.26 acre tract of land out of Tract 95b, the tract of land described by metes and bounds in Exhibits "D" and "E" incorporated into this ordinance: Vehicular access is prohibited from the property to Harmon Avenue. All vehicular access to the property shall be from other adjacent public streets or through other adjacent property. Except as specifically restricted under this ordinance, the Property may be developed and used in accordance with the regulations established for the respective base districts and other applicable requirements of the City Code. PART 9. The Council waives the requirements of Section 2-2-3, 2-2-5, and 2-2-7 of the City Code for this ordinance. Page 11 of 12 14 C14-2024-0114 - 5210 Bruning Avenue; District 925 of 28PART 10. This ordinance takes effect on June 3, 2002. PASSED AND APPROVED May 23 , 2002 L^-> Gusraiousruarcia Mayor APPROVED: TTEST; ( ^ Sedora^fel City KttoVney ShirleyJA. Brown City Clerk Page 12 of 12 14 C14-2024-0114 - 5210 Bruning Avenue; District 926 of 2813 ZJ 13 JS CO CO CO O. -C ^ C T3 OM_ T, - 0) C O (-P* i— m^n- O J5 O X c c & ~ CL N LLJ 0:^0 14 C14-2024-0114 - 5210 Bruning Avenue; District 927 of 28N si fRiPrrr rp^rr ^//^///^ CASEMGR: S.GAGER r= iooc ZONING £xm& n a CASE #: C14-02-0009 ADDRESS: W KOENIG LANE SUBJECT AREA (acres}: 614.970 DATE: °2"05 INTLS: SM CITY GRID REFERENCE NUMBER K25-27 14 C14-2024-0114 - 5210 Bruning Avenue; District 928 of 28