12 C14-2024-0137 1207 S 1st Street; District 9 Staff Report

Planning Commission – Feb. 11, 2025

12 C14-2024-0137 1207 S 1st Street; District 9 Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2024-0137 - 1207 S. 1st Street DISTRICT: 9 ADDRESS: 1207 and 1209 South 1st Street SITE AREA: 0.492 acres (21,431 sq. ft.) ZONING FROM/TO: CS-MU-V-CO-ETOD-DBETOD-NP, to change conditions of zoning, including the conditional overlay and a modification for the pedestrian-oriented commercial spaces requirement. PROPERTY OWNER: 1207 – 1209 S 1st Partners LLC 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 a change of conditions to general commercial services – mixed use – vertical mixed use building – conditional overlay – equitable transit-oriented development – density bonus equitable-transit oriented development - neighborhood plan (CS-MU-V-CO-ETOD-DBETOD-NP) combining district zoning. The conditional overlay will be modified to remove a portion of a building or structure that exceeds 35 feet in height must fit within an envelope delineated by a 60-degree angle measured from the top of the structure to a property line that adjoins a public street. Staff recommends granting the applicant’s modification request to not provide pedestrian-oriented commercial space (to provide 0% of the requirement). PLANNING COMMISSION ACTION / RECOMMENDATION: February 11, 2025: CITY COUNCIL ACTION: ORDINANCE NUMBER: 12 C14-2024-0137 - 1207 S 1st Street; District 91 of 27C14-2024-0137 2 ISSUES: On March 9, 2023, City Council approved Resolution No. 20230309-016 accepting the Equitable Transit-Oriented Development Policy Plan and directing the City Manager regarding next steps for implementation of items intended to benefit the Project Connect Phase 1 Austin Light Rail project. This included development of code amendments to support transit in May of 2024 (Ordinance No. 20240516-005), including creation of the ETOD combining district (restrictions on non-transit supportive uses) and the DBETOD combining district (allowing residential use, and relaxing some development standards including increased height in exchange for income-restricted housing). Properties within one half-mile of the Phase 1 Austin Light Rail alignment and Priority Extensions were included within this overlay, and certain properties were rezoned through a City-initiated process to include the ETOD and DBETOD combining districts. Further, properties rezoned with DBETOD combining district were categorized into Subdistrict 1 (maximum allowable height of 120 feet) or Subdistrict 2 (maximum allowable height of 90 feet), generally based on property distance of ¼-mile or ½-mile from the Phase 1 alignment, respectively. The subject of this request is to allow change in conditions of zoning: modification to the pedestrian-oriented commercial/civic requirements and modification of Conditional Overlay (CO). The conditional overlay will be modified to remove a portion of a building or structure that exceeds 35 feet in height must fit within an envelope delineated by a 60-degree angle measured from the top of the structure to a property line that adjoins a public street. The overall project would consist of approximately 70 residential units and will be seeking a complete (100%) modification for the ground floor commercial space requirement. Please refer to Exhibit C (Applicant’s Summary Letter) and Tract 34 of Exhibit D (C14-02-0031 - Bouldin Creek Neighborhood). CASE MANAGER COMMENTS: The property in question is approximately 0.49 acres, developed with food sales uses (three food trucks), has access to South 1st Street (level 3) and is zoned general commercial services – mixed use – vertical mixed use building – conditional overlay – equitable transit-oriented development – density bonus equitable-transit oriented development - neighborhood plan (CS-MU-V-CO-ETOD-DBETOD-NP) combining district zoning. The property has unzoned land for The Austin Sign Language School (UNZ) to the east and north along with various commercial uses for offices, restaurants, the 1301 art gallery and the Nicholas Dawson Neighborhood Park Trail and parking lot (CS-MU-V-CO-ETOD-DBETOD-NP and P-NP) to the north, south and west. Please refer to Exhibits A (Zoning Map) and B (Aerial View). This site is in the equitable transit-oriented development (ETOD) overlay, is 0.5 miles from the bus stop along South First St, has Nicholas Dawson Neighborhood Park across the street and is adjacent to the South First Activity Corridor. The applicant is seeking the modification for ground floor commercial because of environmental constraints on the site, the flood zone. This property has significant flood risk as it is entirely within the 25-year floodplain. The applicant has no intention of developing any ground floor commercial or residential units. The conditional overlay will be modified to remove a portion of a building or structure that 12 C14-2024-0137 - 1207 S 1st Street; District 92 of 27C14-2024-0137 3 exceeds 35 feet in height must fit within an envelope delineated by a 60-degree angle measured from the top of the structure to a property line that adjoins a public street. The other conditional overlays highlighted in Ordinance No. 020523-33 will remain on the property. Please refer to Tract 34 of Exhibit D (C14-02-0031 - Bouldin Creek Neighborhood). The applicant is requesting general commercial services – mixed use – vertical mixed use building – conditional overlay – equitable transit-oriented development – density bonus equitable-transit oriented development - neighborhood plan (CS-MU-V-CO-ETOD- DBETOD-NP) combining district zoning and to remain in Subdistrict 2 which would allow a development to include multi-family units requiring an affordable component in targeted areas to support future transit. A building constructed under ETOD and DBETOD standards allows for a mix of residential uses and transit-supportive commercial uses, and the result is typically retail, restaurants and offices on the ground floor, and residential units on upper levels. Those uses deemed non-transit-supportive have been prohibited or made as conditional within the ETOD combining district. A development utilizing the “density bonus ETOD” incentives is permitted with a base CS district, and must include an affordability component for residential use in order to obtain incentives, including height maximum of up to 90 feet in the CS district (60 feet base district plus up to 30 feet height incentive) and relaxation of development and compatibility standards, such as floor to area ratio (FAR), setbacks and building coverage. There are several methods of satisfying DBETOD development affordability requirements, based on whether the proposed units will be offered as rental or for ownership. For rental units, the options are based on a tiered system tied to achievable maximum height or modified development standards. i. To achieve 60 feet in height or to utilize a development standard under DBETOD that is not height-related, a development must provide:  a minimum of 10% of the residential units as affordable for lease and occupancy by households earning 60% or less than the Austin-Round Rock Metropolitan Statistical Area MFI; ii. To achieve 90 feet in height, a development must provide:  a minimum of 12% of the residential units as affordable for lease and occupancy by households earning 60% or less than the Austin-Round Rock Metropolitan Statistical Area MFI; or  a minimum of 10% of the residential units as affordable for lease and occupancy by households earning 50% or less MFI. There are two options of satisfying DBETOD development affordability requirements which include ownership units: 1) a minimum of 12% of the units as affordable for ownership and occupancy by households earning 80% or less than the Austin-Round Rock Metropolitan Statistical Area MFI; or 12 C14-2024-0137 - 1207 S 1st Street; District 93 of 27C14-2024-0137 4 2) an in-lieu-fee payment to the Housing Trust Fund, equivalent to 125% of 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 site plan submittal. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. 2. 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. 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 equitable transit-oriented development combining district promotes transit- supportive uses, increases bicycle, pedestrian, transit connectivity, and housing options, near public transit, and prohibits certain commercial, industrial, and agricultural uses. The density bonus equitable transit-oriented development combining district allows for residential uses, modifies compatibility standards and site development regulations, and grants additional building height in exchange for income-restricted housing. The neighborhood plan district denotes a tract located within the boundaries of an adopted neighborhood plan. 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 comply with affordable housing requirements as per the DBETOD combining district regulations. This 12 C14-2024-0137 - 1207 S 1st Street; District 94 of 27C14-2024-0137 5 3. 4. request continues to align with City objectives to increase density and affordability in exchange for relaxed development standards. 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 and equitable transit-oriented development, as well as incentivizing vertical mixed use buildings throughout the City. The proposed zoning should satisfy a real public need and not provide special privilege to the owner. Part of the ETOD policy implementation included mitigation measures to help reduce displacement pressures during redevelopment. The implementation measures require development utilizing the DBETOD program to comply with residential redevelopment requirements to preserve existing affordable and/or attainable housing opportunities for low- and middle-income households. Further, implementation measures require new development utilizing the DBETOD program to provide the right to return to certain qualifying businesses (certain non-residential uses) in the new development with right to return to affordable, comparably sized spaces. The ETOD policies seek to balance the need for increased density and activity surrounding transit with displacement pressures associated with said redevelopment. EXISTING ZONING AND LAND USES: ZONING CS-MU-V-CO-ETOD-DBETOD-NP Site North CS-MU-V-CO-ETOD-DBETOD-NP and UNZ Offices and The Austin Sign Language School South East West CS-MU-V-CO-ETOD-DBETOD-NP UNZ CS-MU-V-CO-ETOD-DBETOD-NP and P- NP Art Gallery and Restaurants The Austin Sign Language School Parking lot and Nicholas Dawson Neighborhood Park Trail LAND USES Food Sales (Food Trucks) NEIGHBORHOOD PLANNING AREA: Bouldin Creek WATERSHED: East Bouldin Creek (Urban) CAPITOL VIEW CORRIDOR: No SCHOOLS: Austin Independent School District Travis Heights Elementary School Lively Middle School SCENIC ROADWAY: No Travis High School 12 C14-2024-0137 - 1207 S 1st Street; District 95 of 27C14-2024-0137 6 COMMUNITY REGISTRY LIST: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Austin Regional Group Bouldin Creek Neighborhood Association Bouldin Creek Neighborhood Plan Contact Team Bouldin Creek Zoning Committee AREA CASE HISTORIES: REQUEST GR-MU-V-CO-NP to CS-MU-V-CO-NP *As amended NUMBER C14-2022-0081 - Frank South C14-2022-008 - Copeland C14-2021-0185 - Copeland South Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Perry Grid 614 Preservation Austin Save Our Springs Alliance South Central Coalition South First IBIZ District CITY COUNCIL Approved CS-MU-V-CO- NP as Planning Commission Recommended (12/1/2022) COMMISSION To Grant CS-MU-V-CO-NP with the following CO’s; 1) A General Retail Sales (General) use exceeding 20,000 sf of gross floor area is a conditional use. 2) Parking is prohibited in a required front yard. 3) The following land uses are prohibited: Alternative Financial Services, Automotive Rentals, Automotive Repair Services, Automotive Sales, Automotive Washing (of any type), Commercial Off-Street Parking, Communications Services, Convenience Storage, Drive-In Services as an accessory use to commercial uses, Drop-Off Recycling Collection Facility, Exterminating Services, Funeral Services, Limited Warehousing and Distribution, Pawn Shop Services, Service Station, and Vehicle Storage. (10/25/2022) 12 C14-2024-0137 - 1207 S 1st Street; District 96 of 27C14-2024-0137 7 RELATED CASES: C14-2007-0220 - Bouldin Vertical Mixed Use (VMU) Zoning C14-02-0031 - Bouldin Creek Neighborhood Plan C14-2017-0026 - Bouldin Creek Neighborhood Plan Garage Placement Zoning ADDITIONAL STAFF COMMENTS: Comprehensive Planning: Project Name and Proposed Use: 1207 S 1ST STREET. C14-2024-0137. Project: 1207 S 1st Street. 0.492 acres from CS-MU-V-CO-NP to CS-MU-V-CO-DB90-NP. Bouldin Creek Neighborhood Plan. FLUM: Mixed Use. Existing: food sales. Proposed: 70 multifamily residential units. Note that while the property may be developed as a neighborhood mixed use building, the application does not describe plans beyond multifamily development. 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. 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 *:  Adjacent to South First Activity Corridor Y Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or light rail station.  0.05 miles to bus stop along South First St Y Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane. Y Y Y  Sidewalk present along South First St Connectivity, Good and Services, Employment *: Provides or is located within 0.50 miles to goods and services, and/or employment center.  Good and Services present along South First St 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.  0.5 miles to Becker Elementary School Connectivity and Healthy Living *: Provides or is located within 0.50 miles from a recreation area, park or walking trail.  0.2 miles to Nicholas Dawson Neighborhood Park Connectivity and Health *: Provides or is located within 0.50 miles of health facility (ex: hospital, urgent care, doctor’s office, drugstore clinic, and/or specialized outpatient care.) 12 C14-2024-0137 - 1207 S 1st Street; District 97 of 27C14-2024-0137 8 Y Y Y 9 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 the East Bouldin 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 a floodplain within or adjacent to the project location. Based upon the location of the floodplain, offsite drainage should be calculated to determine whether a Critical Water Quality Zone exists within 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. 12 C14-2024-0137 - 1207 S 1st Street; District 98 of 27C14-2024-0137 9 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. Fire: There are no comments. PARD – Planning & Design Review: Parkland dedication will be required at the time of subdivision or site plan application for new residential units, per City Code § 25-1-601, as amended. The proposed development meets the criteria for land dedication in City Code Title 25, Article 14. Land dedication will be required, as well as any remaining fees in-lieu. This site is within the creek buffer of East Bouldin Creek; the Parks and Recreation Department (PARD) includes creek buffers within the Park Deficiency layer, which identifies areas that should be considered for parkland dedication. For this parkland dedication, PARD would consider a pedestrian connection to South 1st Street, and a buffer area of the creek centerline to include the creek itself. Such a connection would allow people to explore the creek, and would satisfy an acquisition need for East Bouldin Creek, a recommendation identified in the Parks and Recreation Department’s Long-Range Plan. Should there be any remaining fees in-lieu, 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. Should the applicant wish to discuss parkland dedication requirements at any time, please contact me at scott.grantham@austintexas.gov. At the applicant’s request, PARD can provide an early determination letter of the requirements as stated in this review. 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. FYI this tract is in the Bouldin Creek Neighborhood Planning area. 12 C14-2024-0137 - 1207 S 1st Street; District 99 of 27C14-2024-0137 10 FYI this tract is already developed, and the proposed zoning change is a footprint within the existing development. DBETOD Subchapter E applies to this site to the extent of conflict S. 1st Street is your Principal Street. 75% of the building frontage will be required to be commercial. Development Standards: FYI: No more than two floors may include non-residential uses. FYI: Cocktail lounges and performance venues can only be located on the first or second story. FYI: No residential uses may be located below a cocktail lounge or performance venue. FYI: Subdistrict 1 building height is limited to a maximum of 60’ over base zoning, up to 120’ FYI: Subdistrict 2 building height is limited to a maximum of 30’ over base zoning, up to 90’ ETOD The proposed use is prohibited/conditional within the ETOD district (check use table, 25-2-653) A certification letter from the Housing Department is required before filing for a site development permit. Austin Transportation Department – Engineering Review: Assessment of required transportation mitigation, including the potential dedication of right of way and easements and participation in roadway and other multi-modal improvements, will occur at the time of site plan application. The traffic impact analysis for this site is not required, the traffic generated by the proposal does not exceed the thresholds established in the City of Austin Land Development Code. [LDC 25-6-113]. The Austin Strategic Mobility Plan (ASMP) calls for 80 feet of right-of-way for S 1ST ST. It is recommended that 40 feet of right-of-way from the existing centerline should be dedicated for S 1ST ST according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. 12 C14-2024-0137 - 1207 S 1st Street; District 910 of 27C14-2024-0137 11 Name ASMP Classification Existing ROW Existing Pavement Sidewalks Bicycle Route S 1ST ST Corridor 79 feet 44 feet Capital Metro (within ¼ mile) Yes Existing 5 feet sidewalks On-street (Helpful Sidewalk) Existing Street Characteristics: ASMP Required ROW 80 feet Mobility - Level 3 Austin Water Utility: No comments on zoning change. FYI: The landowner intends to serve the site with existing City of Austin water utilities. Depending on the development plans submitted, water and or wastewater service extension requests may be required. All water and wastewater construction must be inspected by the City of Austin. For more information pertaining to the Service Extension Request process and submittal requirements contact the Austin Water SER team at ser@austintexas.gov. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: A. Zoning Map B. Aerial Map C. Applicant’s Summary Letter D. C14-02-0031 - Bouldin Creek Neighborhood Plan (Tract 34) 12 C14-2024-0137 - 1207 S 1st Street; District 911 of 27! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ( ( ! ! ! ! C14H-2008-0028 SF-3-H-NP ! ! ! ! ! ! C14-2007-0220 ! ! ! CS-1-NP CS-1-V-NP ! P-NP ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! CS-1-NP ! ! ! TEXAS STATE SCHOOL FOR THE DEAF ! ! MF-3-ETOD-DBETOD-NP ! !! ! ! ! ! ! !! ! ! ! !! 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( ( ( CS-V-CO-ETOD-DBETOD-NP 9 SF-3-NP ( 3 1 0 - 5 0 ( SF-3-NP ( ( ( ( ( CS-V-CO-ETOD-DBETOD-NP W MILTON ST ( ( CS-1-V-CO-ETOD-DBETOD-NP C14-2007-0220 SF-3-NP CLOTHES SHOP C14-2007-0220 CS-V-CO-ETOD-DBETOD-NP ( E MILTON ST C14-2007-0224 E MONROE ST ( ( CS-MU-V-ETOD-DBETOD-NP ( C14-2007-0224 SF-3-NP ( ( T S N O S R E K IC N ( ( ( CHURCH ( CHIRO. ( SF-3-NP 9 3 1 0 - 5 0 ( ( ( ( SF-3-NP ( W MARY ST ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( SF-3-NP CS-MU-CO-ETOD-DBETOD-NP ( ( C14-2007-0220 CS-MU-CO-ETOD-DBETOD-NP CS-MU-V-CO-ETOD-DBETOD-NP C14-2007-0220 ( SF-3-NP ( ( ( ( C14-2007-0220 ( ( ( W ANNIE ST ( SF-3-NP ( ( SF-3-NP ( ( ( ( ( ( ( ( ZONING ( ( ( SF-3-H-NP ( C14H-89-0002 ( SF-3-NP ( ( SF-3-NP ( ZONING CASE#: C14-2024-0137 SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ± Exhibit A 1 " = 400 ' 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: 9/17/2024 12 C14-2024-0137 - 1207 S 1st Street; District 912 of 27Exhibit B 12 C14-2024-0137 - 1207 S 1st Street; District 913 of 27July 26, 2024 Ms. Lauren Middleton-Pratt, Planning Director City of Austin Planning Department Permitting and Development Center (PDC) 6310 Wilhelmina Delco Drive Austin, TX 78752 Via Electronic Delivery Re: 1207 S 1st Street – Zoning application for the 0.492-acre combined properties located at 1207 and 1209 S 1st Street, Austin, TX 78704, comprised of TCAD IDs: 0101000112 and 0101000111 (the "Property") Dear Ms. Middleton-Pratt: As representatives of the owners of the Property, we respectfully submit the enclosed rezoning application package. The project is titled 1207 S 1st Street and is 0.492-acre of combined land, located on the east side of S 1st Street between W Elizabeth Street and Barton Springs Road. The Property is in the Full Purpose Jurisdiction of the City of Austin. The Property is currently zoned CS-MU-V-CO-NP (General Commercial Services – Mixed Use – Vertical Mixed Use Building – Conditional Overlay – Neighborhood Plan). The requested zoning is to CS-MU-V-CO- DB90-NP (General Commercial Services – Mixed Use – Vertical Mixed-Use Building –Conditional Overlay – Density Bonus 90 – Neighborhood Plan). Zoning Ordinance No. 020523-33 established the Neighborhood Planning Area and includes a Conditional Overlay as shown below, we are proposing the following modifications: • • • Conditions to remain: The Property 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. The following use is a conditional use: a general retail sales (general) use that exceeds 20,000 square feet in gross floor area Condition to be removed: A portion of a building or structure that exceeds 35 feet in height must fit within an envelope delineated by a 60-degree angle measured from the top of the structure to a property line that adjoins a public street This request includes the DB90 (Density Bonus 90) combining district, that was recently approved on February 29, 2024, via Ordinance No. 20240229-073. With this rezoning request, the owner requests to waive the requirement for ground-floor commercial uses, per LDC 25-2-652.F.3. Environmental constraints on the site prohibit ground-floor development, and the owner requests to waive the requirement in accordance with LDC 25-2-652.F.6. Exhibit C 2705 Bee Caves Road Suite 100 | Austin, Texas 78746 | 512-807-2900 | www.drennergroup.com 12 C14-2024-0137 - 1207 S 1st Street; District 914 of 27Page 2 The Property is located in the Bouldin Creek 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) is not required per the attached TIA determination waiver dated 7/22/2024, by Mustafa Wali from Transportation Department Services. 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) 2705 Bee Caves Road Suite 100 | Austin, Texas 78746 | 512-807-2900 | www.drennergroup.com 12 C14-2024-0137 - 1207 S 1st Street; District 915 of 27ORDINANCE NO. 020523-33 AN ORDINANCE REZONING AND CHANGING THE ZONING MAP TO ADD A NEIGHBORHOOD PLAN COMBINING DISTRICT TO THE BASE ZONING DISTRICTS ON APPROXIMATELY 761.7 ACRES OF LAND GENERALLY KNOWN AS THE BOULDIN CREEK NEIGHBORHOOD PLAN AREA ("BOULDIN CREEK") AND TO CHANGE THE BASE ZONING DISTRICTS ON 101 TRACTS OF LAND IN BOULDIN CREEK. 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 C14-02-0031, as follows: Approximately 761.7 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 Bouldin Creek Neighborhood Plan (NP) combining district, locally known as the property bounded by Town Lake on the north, South Congress Avenue on the east, Oltorf Street on the south and the Union Pacific Railroad tracks on the west, in the City of Austin, Travis County, Texas, and generally identified in the map attached as Exhibit "B". family (SF-3) district, residence-historic PART 2. The base zoning districts for the 101 tracts of land are changed from family (SF-3-H) combining district, residence multifamily residence low density (MF-2) district, multifamily residence medium density (MF-3) district, multifamily residence medium density-historic (MF-3-H) combining district, multifamily residence moderate high density (MF-4) district, neighborhood office (NO) district, neighborhood office-conditional overlay (NO-CO) combining district, limited office (LO) district, general office-conditional overlay (GO-CO) combining district, neighborhood commercial (LR) district, neighborhood commercial-historic (LR-H) combining district, neighborhood commercial-conditional, overlay (LR-CO) combining district, community commercial (GR) district, general commercial services (CS) district, general commercial services-historic (CS-H) combining district, general commercial services-mixed use-conditional overlay (CS-MU-CO) combining district, commercial- liquor sales (CS-1) district, and commercial-liquor sales-conditional overlay (CS-l-CO) Exhibit D Page 1 of 9 12 C14-2024-0137 - 1207 S 1st Street; District 916 of 27combining district to family residence-neighborhood plan (SF-3-NP) combining district, single family residence small lot-neighborhood plan (SF-4A-NP) combining district, townhouse and condominium residence-neighborhood plan (SF-6-NP) combining district, multifamily residence moderate high density-neighborhood plan (MF-4-NP) combining district, neighborhood office-mixed use-neighborhood plan (NO-MU-NP) combining district, limited office-mixed use-neighborhood plan (LO-MU-NP) combining district, limited office-conditional overlay-neighborhood plan (LO-CO-NP) combining district, limited office-mixed use-conditional overlay-neighborhood plan (LO-MU-CO-NP) combining district, neighborhood commercial-conditional overlay-neighborhood plan (LR- CO-NP) combining district, neighborhood commercial-mixed use-conditional overlay- neighborhood plan (LR-MU-CO-NP) combining district, community commercial-mixed used-conditional overlay-neighborhood plan combining district, community commercial-conditional overlay-neighborhood plan (GR-CO-NP) combining district, community commercial-mixed used-historic-conditional overlay-neighborhood plan (GR-MU-H-CO-NP) combining district, general commercial services-neighborhood plan (CS-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, general (CS-H-CO-NP) commercial services-historic-conditional overlay-neighborhood plan combining district, commercial-liquor sales-neighborhood plan (CS-l-NP) combining district, commercial-liquor sales-conditional overlay-neighborhood plan (CS-1-CO-NP) combining district, commercial-liquor sales-mixed use-conditional overlay-neighborhood plan (CS-1-MU-CO-NP) combining district, and public-neighborhood plan (P-NP) combining district, as more particularly described and identified in the chart below. (GR-MU-CO-NP) Tract # 1 2a 2b 3 4 5 6 7 8 9 11 12 13 14 PROPERTY ADDRESS 502 DAWSON RD 1005 & 1023 BARTON SPRINGS RD 901, 903, 907, & 921 BARTON SPRINGS RD 0 ( 1 .0 AC OF LOT 6 BLK B BOULDIN J E ESTATE), 80 1 & 81 1 BARTON SPRINGS RD 601 & 605 BARTON SPRINGS RD 600 S 1ST ST (2.33 AC OF LOT 1 BLK B BOULDIN J E ESTATE) 721 BARTON SPRINGS RD 505 & 507 BARTON SPRINGS RD 700 S. 1STST 0 (LOTS 4-6 BLK B, CAPITAL HEIGHTS PLUS 1/2 ADJ VAC ALLEY) & 1402 S 5TH STREET 1010 & 1012 W MARY ST I 8 0 0 S 5I HST 1001 W MARY ST 1807S5I HST FROM CS-1 CS-1 CS, CS-1 CS,CS-1,&LO CS-1 MF-4 CS & CS-1 CS-1 LO CS LO CS CS & SF-3 CS TO CS-l-NP CS-l-NP CS-NP CS-l-NP CS-l-NP CS-MU-CO-NP P-NP P-NP LO-MU-NP SF-6-NP LO-MU-NP LR-MU-CO-NP GR-MU-H-CO-NP LR-MU-CO-NP Page 2 of 9 12 C14-2024-0137 - 1207 S 1st Street; District 917 of 27Tract # 15 16 17 18 19 20 21 22 PROPERTY ADDRESS 912WMARYST 915 W MARY ST 913 W MARY ST 909 W MARY ST 908 W MARY ST 2200, 2206, 2208, 2300 & 2302 S 5TH ST 2207S5'HST 811 W LIVE OAK ST 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 2301& 231 1 S 5TH ST, 910 W OLTORF ST 900 & 904 S 2NU ST(Lots 9 & 10 Abe Williams Subd.) 900, 902, 904 & 906 S 1ST ST, 901, 903, 905 & 907 S 2ND ST 908, 910, 912, 1000, 1002, 1004 & 1006 S 1ST ST 1100,1102,1104,1106,1108,1110, 1112, 1114 & 1200 S 1ST ST, 605 & 607 COPELAND ST 0 DAWSON ROAD (12.225 ACRES OF LOT 8 BLK B, BOULDIN J E ESTATE), 1 1 04 & 1 200 S 6TH ST, 1 1 0 1 , 1105& 1107S7THST 1401 S71 HST 1200S61 HST 0 W GIBSON ST (LOTS 14-17 BLK 2, SOUTH HEIGHTS) 607 W GIBSON ST 1302, 1308 & 1312S 1ST ST, 605 W GIBSON ST 1207, 1209, 1301, 1311, 1413, 1415& 1417 S 1s' ST 500 W ELIZABETH ST 1400 S lsl ST 1500, 1502 & 1506 S 1STST 1501 & 1503 S 1STST 1602, 1628, 1632, 1636, 1700, 1708 & 1720 S 1M ST, 602 W ANNIE ST 1601, 1603, 1605, 1609, 1611, 1613, 1615, 1617, 1619, 1701,1703,1711, 1713 & 1715 S 1ST ST, 514 & 516 W ANNIE ST, 409 W MONROE ST 1800 S 1SI ST & 603 W ANNIE ST 1816S1S1ST 1801, 1803, 1805, 1807, 1809 & 1811 S 1ST ST 607 W MARY ST 1902 S 1S1 ST 604 W JOHANNA ST 1906 & 1924 S 1ST ST 1903, 1905 & 1919 S 1ST ST 2002, 2004, 2006 & 2008 S 1ST ST 2104 S 1STST 2003, 2007, 2009, 2103 & 2105 S 1ST ST, 508 & 510 W LIVE OAK ST 603 W LIVE OAK ST 601 W LIVE OAK ST 2209, 2213, 2215, 2217, 2301 & 2313 S 1ST ST, 501, 503,507 & 5 1 1 W LIVE OAK ST 2 2 1 0 S 1S IST Page 3 of 9 MF-2 & SF-3 P-NP FROM CS cs GR GR SF-3 & CS MF-3 MF-3 & LR CS-H, LR-H, SF-3-H & MF- 3-H LR & MF-3 SF-3 SF-3 SF-3 SF-3 & LO SF-3 SF-3 CS & GO-CO NO-CO CS & SF-3 CS CS-1 CS CS CS CS, CS-MU-CO & NO-CO CS CS CS LO CS LR CS CS CS CS & SF-3 CS LR & NO-CO CS CS & SF-3 TO CS-MU-CO-NP CS-MU-CO-NP LR-MU-CO-NP LR-MU-CO-NP SF-3-NP MF-4-NP MF-4-NP GR-MU-H-CO-NP GR-MU-CO-NP GR-MU-CO-NP GR-MU-CO-NP GR-MU-CO-NP GR-MU-CO-NP P-NP P-NP CS-MU-CO-NP NO-MU-NP CS-MU-CO-NP CS-MU-CO-NP CS-1-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 LO-MU-CO-NP CS-MU-CO-NP LR-MU-CO-NP CS-MU-CO-NP CS-MU-CO-NP CS-MU-CO-NP CS-MU-CO-NP CS-MU-CO-NP LR-MU-CO-NP CS-MU-CO-NP CS-MU-CO-NP CS CS-MU-CO-NP CS CS-MU-CO-NP 12 C14-2024-0137 - 1207 S 1st Street; District 918 of 27Tract # 56 57 58 PROPERTY ADDRESS 22 1 4 S 1 " ST & 600 FLETCHER ST 2300, 2304, 2306, 2308, 23 10 & 23 12 S 1ST ST 703, 704, 705, 706 & 708 JAMES ST, 0 (E 31FT OF LOT 1 1 BLK 2, SOUTH HEIGHTS) & 608 W GIBSON ST, 1202 S 1ST ST 604, 606 & 608 W OLTORF ST 23 16 S 1ST ST & 602 W OLTORF ST 5 16 W OLTORF ST 5 10W OLTORF ST 500, 502 & 504 W OLTORF ST 306, 3 10 & 3 12 W OLTORF ST 2314, 2322 & 2354 WILSON ST 115A, 115B, 115C& 115D NELLIE ST 1200 & 1220 S CONGRESS AVE 108 W GIBSON ST (LOTS 28-32 BLK 13 ECKNORA RESUB PLUS VAC ALLEY) 13 16 S CONGRESS AVE 1300 & 1306 S CONGRESS AVE, 105 JAMES ST 1 3 1 6 S CONGRESS AVE & 1 08 W GIBSON ST (LOT 1 9 & 3 . 82 FT OF LOT 1 8 NE WNING RESUB OF BLK 1 3 & 2A) 1403 & 1407 EVA ST, 1 10 W ELIZABETH ST 1400 & 1410 S CONGRESS AVE 1412 S CONGRESS AVE 1500, 1504, 1510, 1512, 1516 & 1522 S CONGRESS AVE - 1600, 1602, 1604 & 1608 S CONGRESS AVE 1606 S CONGRESS AVE 1612 S CONGRESS AVE 0 (LOT 4 AND 5 FT OF LOT 3 BLK 27, SWISHER ADDN), 1700, 1704, 1710, 1712 & 1722 S CONGRESS AVE 1800, 1802, 1806 & 1822 S CONGRESS AVE 1900, 1902, 1904, 1906 & 1920 S CONGRESS AVE 2002 & 2004 S CONGRESS AVE 2008 S CONGRESS AVE 2020 S CONGRESS AVE 0 (LOT 2 BLK A, RICHARDSON P L), 2110, 2114, 2116, 2118 & 2130 S CONGRESS AV 2206 & 2210 S CONGRESS AVE 2300, 2304 & 2326 S CONGRESS AVE 2336 S CONGRESS AVE 2216 & 2218 COLLEGE AVE, 2212 S CONGRESS AVE 2222 COLLEGE AVE 312WMARYST 2004 WILSON ST 1908 & 1910 EVA ST 1911 EVA ST 0 BRODIE ST (GUERRERO PARK) 700, 702, 704 & 706 W OLTORF ST 800 & 804 W OLTORF ST Page 4 of 9 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89a 89b 90 91 92 93 94 95 96 FROM CS cs SF-3 & LO NO & SF-3 CS CS,GR GR LO & LR-CO NO MF-3 SF-3 CS CS, SF-3 CS-l-CO CS-1 CS CS CS CS-H CS CS CS&CS-l CS CS CS CS CS CS-1 CS CS CS&LR CS CS-H LR GR MF-2 MF-4 MF-3 MF-3 SF-3 SF-3 SF-3 TO CS-MU-CO-NP CS-MU-CO-NP P-NP LO-CO-NP ' CS-CO-NP CS-CO-NP GR-CO-NP LR-CO-NP LO-CO-NP SF-3-NP SF-4A-NP CS-CO-NP MF-4-NP CS-1-CO-NP CS-1-CO-NP CS-CO-NP CS-MU-CO-NP CS-CO-NP CS-H-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-CO-NP CS-1-CO-NP CS-MU-CO-NP CS-CO-NP CS-MU-CO-NP CS-MU-CO-NP CS-MU-H-CO-NP GR-MU-CO-NP GR-MU-CO-NP SF-3-NP SF-3-NP SF-3-NP SF-3-NP P-NP SF-6-NP SF-6-NP 12 C14-2024-0137 - 1207 S 1st Street; District 919 of 27Tract # 97 98 99 100 101 102 PROPERTY ADDRESS 806, 808, 810 & 812 WOLTORF ST 2309 & 231 1S4THST 2308, 2310 & 2312 S 4TH ST, 900 & 902 WOLTORF ST 1000, 1002, 1004, 1006, 1 100, 1 102 & 1 104 W OLTORF ST 11 08 W OLTORF ST 1112, 1114, 1200, 1202, 1204, 1206, 1208, 1210, 1212 & 1214 W OLTORF ST FROM SF-3 SF-3 SF-3 SF-3 SF-3 SF-3 TO SF-6-NP SF-6-NP SF-6-NP SF-6-NP SF-6-NP SF-6-NP PART 3. Tracts 1 through 5, 11 through 18, 22 and 23, 25 through 27, 31, 33 through 57, 59 through 64, 67, and 69 through 89 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 4. The Property within the boundaries of the conditional overlay combining district established by this ordinance is subject to the following conditions: 1. The maximum height of a building or structure or portion of a building or structure is 45 feet measured from ground level on Tracts 22, 23, and 25. 2. The maximum height of a building or structure or portion of a building or structure is 35 feet measured from ground level on Tracts 24, 26 and 27. 3. The maximum impervious coverage is 75 percent on Tracts 22 and 23. 4. The maximum impervious coverage on Tract 24 is 45 percent. 5. The maximum building coverage on Tract 24 is 40 percent. V 6. The maximum gross floor area is 15,200 square feet for a hotel-motel use on Tract 24. 7. A 50-foot wide building setback from the center line of East Bouldin Creek is required on Tract 5. JLJ.CIX'l. ~> , \Jll 8. A portion of a building or structure that exceeds 35 feet in height must fit within an envelope delineated by a 60-degree angle measured from the top of the structure to a property line that adjoins a public street on Tracts 31 and 33 through 57. Parking is prohibited in a required front yard on Tracts 25 through 27, 67, and 69 through 89. Page 5 of 9 12 C14-2024-0137 - 1207 S 1st Street; District 920 of 2710. The following use is a conditional use on Tracts 5, 25 through 27, 31, 33 through 43, 45 through 57, 67, and 69 through 89: A general retail sales (general) use that exceeds 20,000 square feet in gross floor area 11. The following use is a conditional use on Tracts 12,14 through 18 and 59 through 64: Drive-in services as an accessory use to commercial uses. 12. The following use is a conditional use on Tracts 11, 14 through 18, and 60 through 63: Service station 13. The following uses are conditional uses on Tracts 15, 16, 60 and 61: Adult oriented businesses Equipment repair services Maintenance and service facilities Building maintenance services Limited warehousing and distribution 14. The following use is a conditional use on Tracts 22 and 23: Medical offices (exceeding 5,000 square feet of gross floor area) 15. The following use is a prohibited use on Tracts 5, 13, 22 through 27 and 89a: Drive-in services as an accessory use to commercial uses. 16. The following use is a prohibited use on Tracts 5, 13, 15, 16, 22, 23, 25, 26, 27, 60, 61,62,and89a: Pawn shop services 89a: 17. The following uses are prohibited uses on Tracts 5, 13, 15, 16, 22, 23, 25, 26, 27 and Automotive rentals Automotive sales Page 6 of 9 12 C14-2024-0137 - 1207 S 1st Street; District 921 of 2718. The following uses are prohibited uses on Tracts 5, 13, 22, 23, 25, 26, 27 and 89a: Automotive repair services Commercial off-street parking Drop-off recycling collection facility Funeral services Automotive washing (of any type) Communications services Exterminating services Service stations 19. The following use is a prohibited use on Tracts 5, 15, and 16: Vehicle storage 20. The following uses are prohibited uses on Tracts 22 and 23: Hospital services (general) General retail sales (general) 21. The following uses are prohibited uses on Tract 5: Agricultural sales and services Campground Convenience storage Equipment repair services Kennels Limited warehousing and distribution Monument retail sales Building maintenance services Construction sales and services Electronic prototype assemble Equipment sales Laundry services Maintenance and service facilities 22. The following uses are prohibited on Tract 24: Administrative and business office Automotive rentals Automotive sales Business or trade school Consumer convenience services Exterminating services Food sales General retail sales (general) Indoor entertainment Medical offices (any size) Personal services Art and craft studio (limited) Automotive repair services Automotive washing (of any type) Business support services Drop-off recycling facility Financial services Funeral services General retail sales (convenience) Indoor sports and recreation Off-site accessory parking Pet services Page 7 of 9 12 C14-2024-0137 - 1207 S 1st Street; District 922 of 27Plant nursery Research services Restaurant (general) Service station Theater Congregate living Guidance services Hospital services (limited) Bed and breakfast (Group II) Group residential Townhouse residential Communication services Outdoor entertainment Pawn shop services Urban farm Professional office Restaurant (drive-in, fast food) Restaurant (limited) Software development Custom manufacturing Counseling services Hospital services (general) Residential treatment Condominium residential Multifamily residential Commercial off-street parking Consumer repair services Outdoor sports and recreation Personal improvement services 23. The following uses are conditional uses on Tract 24: College and university facilities Community recreation (public) Day care services (commercial) Local utility services Private secondary educational facilities Community recreation (private) Cultural services Day care services (general) Private primary educational facilities Safety services 24. For a hotel-motel use on Tract 24: a. b. c. Except as shown in subsection b the setback for structures, parking areas, and driveways on Lot 9, Abe Williams Subdivision is 200 feet from the west property line. (900 West 2nd Street). On Lot 9 the setback is 150 feet from the west property line for a detention pond or a drainage facility. The setback for structures, parking areas, driveways, detention ponds, or drainage facilities on Lot 10, Abe Williams Subdivision is 200 feet from the west property line. (904 West 2nd Street) Page 8 of 9 12 C14-2024-0137 - 1207 S 1st Street; District 923 of 27PART 5. Except as specifically restricted under this ordinance, the Property may be developed and used in accordance with the regulations established for the respective base district and other applicable requirements of the City Code. PART 6. The Council waives the requirements of Section 2-2-3, 2-2-5, and 2-2-7 of the City Code for this ordinance. PART 7. This ordinance takes effect on June 3,2002. PASSED AND APPROVED May 23 , 2002 Gustavo L. Garcia Mayor APPROVED ATTEST: Sedor Cit/AU Shirley A. Brown City Clerk Page 9 of 9 12 C14-2024-0137 - 1207 S 1st Street; District 924 of 27Bouldin Creek Neighborhood Planning Area Case #C14-02-0031 — -- - (X) ^ 12 C14-2024-0137 - 1207 S 1st Street; District 925 of 27N RtiRtFCT TRACT V//^////^ PENDING CASE • • • • • nx ZONING ^yWo/T \t> CASE MGR: W.WALSH r=i2oc CASE #: C14-02-0031 ADDRESS: BOULDIN CREEK mmjm^S^m AREA DATE: °2"03 .NTLS: SM CITY GRID REFERENCE NUMBER J20-22,H20-2 2 12 C14-2024-0137 - 1207 S 1st Street; District 926 of 2712 C14-2024-0137 - 1207 S 1st Street; District 927 of 27