04 C14-2024-0167 Airport & Koenig DB90 Tracts Rezoning Parcel A; District 4 Staff Report

Planning Commission – March 11, 2025

04 C14-2024-0167 Airport & Koenig DB90 Tracts Rezoning Parcel A; District 4 Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2024-0167 – Airport & Koenig Tracts DB90 Rezoning – Parcel A DISTRICT: 4 ADDRESS: 501 E. Koenig Ln Svrd EB, 629 E. Koenig Ln, 600 E. 56th St., 700 E. 56th St., 702 E. 56th St., 5600 Middle Fiskville Rd., 5601 ½ Middle Fiskville Rd., 5608 ½ Middle Fiskville Rd. ZONING FROM: CS-MU-V-CO-NP, CS-V-CO-NP TO: CS-MU-V-CO-DB90-NP SITE AREA: 7.39 acres PROPERTY OWNER: BUP 501 Austin Owner LLC (Victor Young, Phil Cattanach), Johnson Special Land, Ltd. (T.J. Schultz), River City Partners, Ltd. (T.J. Schultz) AGENT: Dubois Bryant & Campbell, LLP (David Hartman) CASE MANAGER: Marcelle Boudreaux (512-974-8094, marcelle.boudreaux@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant general commercial services – mixed use - vertical mixed use building – conditional overlay - density bonus 90 - neighborhood plan (CS-MU-V-CO-DB90-NP) combining district zoning. The Conditional Overlay prohibits the following uses: Adult Oriented Business and Pawn Shop Services. The Conditional Overlay makes the following uses conditional: Agricultural Sales and Services, Campground, Construction Sales and Services, Equipment Repair Services, Kennels, Commercial Blood Plasma center, Convenience Storage, Equipment Sales, Vehicle storage. PLANNING COMMISSION ACTION / RECOMMENDATION: March 11, 2025: CITY COUNCIL ACTION: ORDINANCE NUMBER: 04 C14-2024-0167 - Airport & Koenig DB90 Tracts Rezoning - Parcel A1 of 22Case number C14-2024-0167 Page 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 a rezoning application to request the -DB90 combining district, in order for the City to continue review of site plan. The conditional and prohibited uses in the Conditional Overlay were established during the North Loop Neighborhood Plan rezonings (Ord. No. 020523-31),and are requested by the Applicant and some are recommended by Staff for this new rezoning. This rezoning is related to other DB90 rezoning cases in close proximity to the subject case located on Middle Fiskville Road, Koenig Ln., E 56th St., E. 55th St. Martin Ave., and Airport Blvd. All of those cases are as follows: C14-2024-0167, C14-2025-0010, C14-2025-0014, C14-2025-0012 (including C14-79-019(RCT)), C14-2025-0015, C14-2025-0017, and C14- 2025-0016. CASE MANAGER COMMENTS: The subject site is 7.39 acres, and developed with Automobile Sales use, including buildings and associated parking (Leif Johnson Ford), a small amount of vacated right-of-way (ROW) and small area of median (zoned CS-V-CO-NP). To the west, the property is bounded by railroad tracks. To the immediate north is Highway 290 and frontage roads, and further north are Restaurant (limited) with drive through, Consumer convenience and alternative financial service uses (CS-NP). To the south across E. 56th St. is more Automobile Sales use (Case no.: C14-2025-0010) and Business Support service use (electrical supply store) and Parking (Case nos.: C14-2025-0015 and C14-2025-0017) (CS-V-CO-NP). To the east is Airport Blvd. and across it are Administrative and Business Office uses (County Offices and others), Liquor store use, Food Sales and Restaurant (General) (CS-V-CO-NP; CS-1-V-CO-NP). The site is less than one-half mile from I-35. There is a railroad crossing a few blocks south at Bruning Ave. Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). This proposal is within a ½ mile of the 53rd St MetroRapid Bus ETOD station area. The applicant has successfully incorporated development details, especially the request for DB90 zoning which incentivizes affordable housing as development occurs. This is consistent with the intent of the “Encourage” ETOD typology. The applicant is requesting general commercial services – mixed use – vertical mixed use building – conditional overlay - density bonus 90 – neighborhood plan (CS-MU-V-CO- DB90-NP) combining district for a proposed development that would include multi-family units requiring an affordable component. A building constructed under density bonus 90 (– DB90) standards allows for a mix of residential uses and commercial uses, and the result is typically retail, restaurants and offices on the ground floor, and residential units on upper 04 C14-2024-0167 - Airport & Koenig DB90 Tracts Rezoning - Parcel A2 of 22Case number C14-2024-0167 Page 3 levels. According to the site plan on file, the overall project would consist of approximately 754 residential units, 11 live-work units, and pedestrian-oriented commercial/ retail. The property is located within the North Loop Neighborhood Plan Area, and is located within an area that was initiated by the City to zone certain tracts within the Neighborhood Plan area to accommodate the -V zoning district in 2008 (Ordinance No. 20080320-047). A development utilizing the “density bonus 90” incentives is permitted with a base CS district, and must include an affordability component for residential use in order to obtain incentives, including height maximum of 90 feet in the CS district (60 feet base plus 30 feet incentive) and relaxation of development and compatibility standards, such as FAR, setbacks and building coverage. There are several methods of satisfying DB90 development affordability requirements. There are two options for projects including rental units: 1) a minimum of 12% of the rental units in a building are affordable for a 40-year period for households earning 60% or less than the Austin-Round Rock Metropolitan Statistical Area MFI; or 2) a minimum of 10% of the rental units are affordable for a 40-year period as described above for households earning 50% or less MFI. There are two options of satisfying DB90 development affordability requirements which include ownership units: 1) a minimum of 12% of the 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. The site plan for this property is currently under review pursuant to an Ordinance which was subsequently invalidated by Court ruling. The City previously undertook zoning of this property with the -V combining district during the Neighborhood Plan process. This current request for the -DB90 combining district continues to align with City objectives to increase density and affordability in exchange for relaxed development standards. BASIS OF RECOMMENDATION: 1. 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. City Council previously approved rezoning this property to allow for vertical mixed-use buildings. This request is consistent with the “VMU2” option and Ordinance No. 20240229-073 (new DB90), which replaced the invalidated “VMU2” option. 2. The proposed zoning should be consistent with the purpose statement of the district sought. 04 C14-2024-0167 - Airport & Koenig DB90 Tracts Rezoning - Parcel A3 of 22Case number C14-2024-0167 Page 4 The general commercial services (CS) district zoning is intended for commercial or industrial uses that typically have operating characteristics or traffic service requirements generally incompatible with residential environments. Mixed Use combining district (MU) 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. 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 (CO) 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 proposed density bonus 90 (DB90) 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 (NP) district denotes a tract located within the boundaries of an adopted Neighborhood Plan. 3. Zoning should promote clearly-identified community goals, such as creating employment opportunities or providing for affordable housing. This rezoning authorizes a property to participate in a voluntary density bonus or incentive program that provides modifications to development regulations or other regulatory-related benefits in exchange for community benefits. In exchange for increased development potential, the development is required to comply with affordable housing requirements. 4. Zoning changes should promote an orderly relationship among land uses. Staff recommends the Applicant’s request as described above for CS-MU-V-CO-DB90- NP combining district zoning for the subject property based on the following considerations: 1) Recognizing the site’s location on/adjacent to Airport Blvd., which is an Imagine Austin Corridor, within the Highland Mall Station Imagine Austin Center, and close proximity to another Imagine Austin Corridor on E. 52nd St.; 2) the City’s investment in multi-modal path (bicycle and pedestrian) upgrades on Airport Boulevard corridor; 04 C14-2024-0167 - Airport & Koenig DB90 Tracts Rezoning - Parcel A4 of 22Case number C14-2024-0167 Page 5 3) number of units and housing choice that could be produced would suit a variety of household sizes, incomes, and lifestyle needs of a diverse population in support of Imagine Austin and the Strategic Housing Blueprint; 4) the applicant has successfully incorporated development details consistent with the intent of the “Encourage” ETOD typology; 5) the prior rezoning to “VMU” granted on the site during the Neighborhood Plan- era opt in rezoning process. EXISTING ZONING AND LAND USES: Site North CS-NP ZONING CS-MU-V-CO-NP; CS- V-CO-NP Automobile sales LAND USES South CS-V-CO-NP East CS-1-V-CO-NP; CS-V- CO-NP CS-MU-V-CO-NP; SF- 3-NP West Highway 290 and frontage roads; Consumer convenience, Restaurant (limited) & drive through; Alternative financial services Automobile sales; Business support services; Parking Liquor store; Administrative and Business offices; Restaurant (general) Vacant; Single family residences Lamar Middle School SCENIC ROADWAY: No NEIGHBORHOOD PLANNING AREA: North Loop WATERSHED: Tannehill Branch CAPITOL VIEW CORRIDOR: No SCHOOLS: Austin Independent School District Reilly Elementary COMMUNITY REGISTRY LIST: Austin Independent School District, Austin Neighborhoods Council, Friends of Austin Neighborhoods, Homeless Neighborhood Association, North Austin Neighborhood Alliance, North Loop Neighborhood Association, North Loop Neighborhood Plan Contact Team, Preservation Austin, Save Our Springs Alliance, Highland Neighborhood Association, Skyview Neighborhood, Ridgetop Neighborhood Association, Red Line Parkway Initiative, Highland/ Skyview Neigh. Plan Contact Team AREA CASE HISTORIES: NUMBER C14-2024-0114 – 5210 Bruning CITY COUNCIL Pending Council hearing April 10, 2025 McCallum High School COMMISSION To Grant GR-MU-V- CO-DB90-NP, as staff recommended, REQUEST GR-CO-NP to GR-MU-V-CO- DB90-NP 04 C14-2024-0167 - Airport & Koenig DB90 Tracts Rezoning - Parcel A5 of 22Case number C14-2024-0167 Page 6 C14-2024-0113 – 704 E 53rd St CS-CO-NP to CS-MU-V-CO- DB90-NP C14-2024-0112 – 5301 Martin Ave CS-CO-NP & SF-3-NP to CS- MU-V-CO-NP (as amended) maintaining CO’s from NP rezonings To Grant CS-MU-V- CO-DB90-NP, as staff recommended, maintaining CO’s from NP rezonings To Grant CS-MU-V- CO-NP, as staff recommended, maintaining CO’s from NP rezonings Pending Council hearing April 10, 2025 Pending Council hearing April 10, 2025 Apvd. June 5, 2008 C14-2008-0002.001 – Northloop NP Area Vertical Mixed Use Building (V) Zoning opt in Part 2 C14-2008-0002 – Northloop NP Area Vertical Mixed Use Building (V) Zoning opt in C14-02-0009 – North Loop NP Combining District rezonings Apvd. March 20, 2008 Apvd 2002 RELATED CASES: C14-2025-0010 – Parcel B rezoning request from CS-V-CO-NP to CS-V-CO-DB90-NP; 605 E 56th Street C14-2025-0014 – Parcel C rezoning request from CS-V-CO-NP to CS-V-CO-DB90-NP; 5500 Martin Avenue C14-2025-0012 – Parcel D rezoning request from CS-V-CO-NP to CS-V-CO-DB90-NP; 701 E 55th Street; 703 E 55th Street C14-79-019(RCT) – associated with Parcel D to request termination of 1979 public restrictive covenant C14-2025-0015 – Parcel E rezoning request from CS-V-CO-NP to CS-V-CO-DB90-NP; 5509 Martin Avenue & 707 E 56th Street 04 C14-2024-0167 - Airport & Koenig DB90 Tracts Rezoning - Parcel A6 of 22Case number C14-2024-0167 Page 7 C14-2025-0017 – Parcel F rezoning request from CS-V-CO-NP to CS-V-CO-DB90-NP; 713 E 56th Street; 5508 Middle Fiskville Road & 5502 Middle Fiskville Road C14-2025-0016 – Parcel G rezoning request from CS-V-CO-NP to CS-V-CO-DB90-NP; 5500 Airport Road; 5512 Middle Fiskville Road; 5515 Middle Fiskville Road ADDITIONAL STAFF COMMENTS: Comprehensive Planning Project Name and Proposed Use: 600 E 56TH STREET. C14-2024-0167. Project: Airport & Koenig Tracts DB90 Rezoning - Parcel A. North Loop NP. FLUM: Mixed Use. 7.39 acres from CS-MU-V-CO-NP & CS-V-CO-NP to CS-MU-V-CO-DB90-NP. Existing: automotive sales, vacated R.O.W., and parking. Proposed: 800 units multifamily residential. Demolition is proposed. 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 Y Imagine Austin Decision Guidelines Complete Community Measures * Imagine Austin Growth Concept Map: Located within or adjacent to an Imagine Austin Activity Center, Imagine Austin Activity Corridor, or Imagine Austin Job Center as identified the Growth Concept Map. Names of Activity Centers/Activity Corridors/Job Centers *: • Within Highland Mall Station Regional Center; adjacent to Airport Blvd Activity Corridor Y Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or light rail station. • 0.08 miles to bus stop along Airport Blvd Y Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane. • Sidewalk and protected bike path available along Airport Blvd towards the north. Southern sidewalk experiences gaps, and bike pathway markers are present along Middle Fiskville Rd. Y 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 Airport Blvd Connectivity and Food Access *: Provides or is located within 0.50 miles of a grocery store/farmers market. Y Connectivity and Education *: Located within 0.50 miles from a public school or university. • • • Y Connectivity and Healthy Living *: Provides or is located within 0.50 miles from a recreation area, 0.5 miles to Ridgetop Elementary School park or walking trail. 0.5 miles to Bruning Green pocket park Y Connectivity and Health *: Provides or is located within 0.50 miles of health facility (ex: hospital, urgent care, doctor’s office, drugstore clinic, and/or specialized outpatient care.) 0.3 miles to Dentist on Airport Blvd Y 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. Y 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. 04 C14-2024-0167 - Airport & Koenig DB90 Tracts Rezoning - Parcel A7 of 22Case number C14-2024-0167 Page 8 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. Y Not located over Edwards Aquifer Contributing Zone or Edwards Aquifer Recharge Zone 10 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 Tannehill Branch 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. PARD – Planning & Design Review 04 C14-2024-0167 - Airport & Koenig DB90 Tracts Rezoning - Parcel A8 of 22Case number C14-2024-0167 Page 9 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. As such, a partial land dedication will be required, as well as any remaining fees in-lieu. The surrounding neighborhood area is currently park deficient, defined as being outside walking distance to existing parks. The development as proposed will require parkland dedication for the new residential units that will serve the Highland/North Loop neighborhoods through the additional park investment. The Parks and Recreation Department (PARD) is open to working with the applicant to find suitable land arrangement to work toward satisfying the requirement at time of permitting (whether subdivision or site plan). This land should improve neighborhood connectivity via a portion of the Red Line Trail running north/south and parallel to the tracks between 56th and Koenig and PARD would welcome surrounding parkland around the trail, such as that identified during the review process for SP-2023-0210C. 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. Please contact this reviewer ann.desanctis@austintexas.gov and Robynne Heymans Robynne.Heymans@austintexas.gov (original site plan reviewer) in advance of site plan or subdivision applications. 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 residential only project with up to 4 units. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. DB90 Rezoning This site must meet affordability minimums to be eligible for DB90. A signed approval letter from the Housing Department will be required with site plan submittal. Airport Boulevard 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. Austin Fire Department No comments. Transportation The Austin Strategic Mobility Plan (ASMP) calls for 58 feet feet of right-of-way for E 56th St. It is recommended that 29 feet of right-of-way from the existing centerline should be 04 C14-2024-0167 - Airport & Koenig DB90 Tracts Rezoning - Parcel A9 of 22Case number C14-2024-0167 Page 10 dedicated for E 56th St according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. The adjacent street characteristics table is provided below: Name ASMP Classification Existing ROW Existing Pavement Sidewalks Bicycle Route ASMP Required ROW Capital Metro (within ¼ mile) E 56th St Level 1 58 feet Approx 45 feet Approx 36 feet No No Yes Level 4 TXDOT Roadway Highway Intersection Approx 40 feet No No Yes Koenig Lane SVRD (TXDOT Roadway) 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: Exhibit A: Zoning Map Exhibit A-1: Aerial Map Applicant’s Summary Letter Attachment A: Notated map of related cases Attachment B: Educational Impact Statement Public Correspondence 04 C14-2024-0167 - Airport & Koenig DB90 Tracts Rezoning - Parcel A10 of 22CS-NP CS-MU-NP TIR A D O S T 83-66 APTS. D E R L VIL K E FIS L D MID CS-MU-NP 77-25 C14-2011-0115 NP-2011-0029 W H SE CS-MU-NP 84-186 E K O E N I G L N S V R D W B E K O E N I G L N E B I H 3 5 S B R A M P E K O E N I G L N W B E K O E N I G E B T O 73-07 02-0009 73-007 T. S E R CS-CO-NP MOTEL R EINLI ST ( ( CS-MU-V-CO-NP ! ( E S K Y G A S SHOPPING CENTER CLAYTON LN S A V I N L G O S A N & 7 8 0 - 6 8 P S RZ85-005 INS. OFFICE PARKING C14-2009-0012 LI-PDA-NP C14-2022-0027 SP91-0169CS PAINT CO. RETAIL CS-MU-V-NP 60-131 66-39 C14-04-0012(PART) EL T O H C14-06-0110 CS-1-MU-V-CO-NP CS-1-MU-V-NP C14-2010-0155 06-0110 ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( SF-3-NP ( ( ( ( L I N K A V E ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( NURSERY CS-MU-V-CO-NP C14-2008-0002 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( A V E N U E G ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ( ( ( ( ( ( ( ! ! ( ! ! ( ! ( VIE ( W R D ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( D U V A L S T ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SP85-047 SALES & MARKETING CO CS-NP SP-00-2425C RESTAURANT SP-06-0150C A I R P O R T B L V D SP-99-0014C SP-03-0087C RESTAURANT GAS CO. E K O E NIG L N CS-MU-V-CO-NP C14-2008-0002 SF-3-NP ( ( SF-3-NP ( ( ( ( E F U N E AV ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( SF-3-NP ( ( ( E G U N E V A ( ( E 56T ( H S T ( ( ( ( ( SF-3-NP ( ( E H U N ( E V A ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( T L S VA U D ( ( SF-3-NP ( ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! AUTO ! ! ! ! DEALER C14-04-0012 ! ! ! ! ! CS-MU-V-CO-NP ! ! C14-2008-0002 ! ! ! ! ! ! ! ! ! ! ! ! ! ( ( ( ( ( SF-3-NP ( ( E 5 5 T ( H S T SF-3-NP ( CS-V-CO-NP C14-2008-0002.001 AUTO SALES D E S D U N W A S E L A O S T U A E N E C14-2008-0002.001 CS-V-CO-NP ( ( ( ( SF-3-NP ( ( ( ( SF-3-NP ( ( ( ( ( TIN AV R A M 79-19 CS-V-CO-NP C14-2008-0002.001 C14-02-0009 S P-00-2007C CS-V-CO-NP ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! A UT O LE A SIN G D E R L VIL K E FIS L D MID AUTO SALES SF-3-NP ( ( ( ( SF-3-NP ( ( ( ( ( ( ( SF-3-NP ( ( ( ( SF-3-NP ( SF-3-NP ( ( C14-2019-0002 LR-CO-NP GR-CO-NP ( ( ( SF-3-NP ( ( ( ( ( ( SF-3-NP ( ( ( NO-NP ( C14-2010-0139 ( ( ( ( ( ( ( SF-3-NP ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( SF-3-NP ( ( ( SF-3-NP ( ( ( ( ( ( SF-3-NP ( ( ( C14-2008-0002.001 CS-V-CO-NP E 55T H S T APA 84-118 RT M E NTS SF-3-NP ( ( ( REHAB. COMM. H S T ( SF-3-NP 84-279 C14-2008-0002.001 CS-V-CO-NP ( 2-A 11 0 61 CS-1-V-CO-NP E G N U O L T. S E R ( E 54T H S T O T U A S E L A S C14-2008-0002 70-227 ! C14-2008-0002.001 CS-V-CO-NP CS-V-CO-NP FACTORY E C N LIA P P CS-CO-NP S ALE ! S ! ! ! T.V. & A ! !! G A S S TA T I O N SP-98-0156CS REST. CS-1-V-CO-NP ( C14-96-0034 ( MF-3-CO-NP 96-0034 ( ( LO-CO-NP ( SF-3-NP ( ( ( S T N E M T R A P A E 54T S T N E M T R A P A CS-MU-CO-NP ( LR-CO-NP ( ( ( ( SF-3-NP ( ( ( ( ( SF-3-NP ( C14-2024-0060 LO-MU-NP ( ( ( SF-3-NP ( ( ( ( ( ( SF-3-NP ( P R OFC. D. O C14-79-171(RCT) GR-CO-NP 73-224 SF-3-NP ( SF-3-NP ( ( ( E 52N D S ( T ( ( ( ( SF-3-NP ( ( ( SF-3-NP ( CS-MU-CO-NP P-NP ( ( ( ! SF-3-NP ( ! ! ! ! ! ! ! ! CS-CO-NP S P-04-0123 C ( CS-MU-CO-NP ( SF-3-NP ( ( P O ( H S ( ( R E T AIL ( E 53R E LR-CO-NP V S A LR-MU-CO-NP N A V E ( SF-3-NP ( D S T ( ( R A M ( ! ! ( E V TIN A ! ! ( ! ! ! ! ! A U T !! ! O A P T S. ( LR-MU-CO-NP ! ! LO-MU-CO-NP NPA-2008-0011.01 ( SF-3-NP ( 73-163 ( ( ( S H O P ( SF-3-NP ( ! ! GR-CO-NP ! ! ! ! ! ! ! B R U N I N G A V E E L E C T R O N I C S A P T S . CS-MU-V-CO-NP SF-3-NP CS-MU-CO-NP 2 8 - 5 7 CS-V-NP NPA-2008-0011.01 ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ! ! ! ! ! ! MILK ! ! CO. ! ! ! ! E K O E N I G L N S V R D E B ! !! E 56T ! H ST ! ! AUTO DEALER FURNITURE CS-1-V-CO-NP C14-2009-0165 T . CS-CO-NP APTS. R D I S E E B 83-311 STO R A G E OFFICE/WAREHOUSES C 5 4 5 1-0 P-0 S 79-25 CS-CO-NP CS-1-CO-NP C14-2010-0094 71-303 CS-1-V-CO-NP CENTER SHOPPING E R U NIT R U F E R O T S C14-2008-0002 APTS. RZ86-032 CS-V-CO-NP CS-1-V-CO-NP E R O T E S R A W D R A H RZ86-032 CS-MU-CO-NP NPA-2008-0011.01 ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( LO-CO-NP ( ( SF-3-NP ( ( E 56T ( ( H S T ( ( ( ( ( ( ( ( ( SF-3-NP ( E 5 5 T MF-3-NP H H A L ( ( F S T ( ( MF-2-NP ( SF-3-NP ( ( ( ( ( E 55T ( ( ( H S T ( ( ( ( ( SF-3-NP ( ( ( SF-3-NP ( ( ( ( ( E V T A T E N N E B ( ( ( T N S E EL H ( ( ( SF-3-NP ( ( ( E 55T ( H S T ( ( FURNITURE STORE ( ( ( ( ( E 54T ( SF-3-NP ( ( H ST ( ( ( ( ( ( ( E 53R D H ALF ST CS-CO-NP CS-V-CO-NP ZONING ZONING CASE#: C14-2024-0167 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 400 ' This product has been produced by the Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Created: 11/13/2024 04 C14-2024-0167 - Airport & Koenig DB90 Tracts Rezoning - Parcel A11 of 2204 C14-2024-0167 - Airport & Koenig DB90 Tracts Rezoning - Parcel A12 of 22 PARCEL A David Hartman (512) 685-3409 dhartman@dbcllp.com 303 Colorado, Suite 2300 Austin, TX 78701 www.dbcllp.com November 5, 2024 Lauren Middleton-Pratt Director, Planning Department City of Austin 6310 Wilhelmina Delco Dr Austin, Texas 78752 Re: Dear Ms. Middleton-Pratt: Airport & Koenig Tracts DB90 Rezoning (Parcel A) – Rezoning Application for 7.39 acres located at 501 E Koenig Ln. Svrd EB, 629 E. Koenig Ln., 600 E. 56th Street, 700 E 56th St., 702 E 56th St., 5600 Middle Fiskville Rd., 5601 ½ Middle Fiskville Rd., 5608 ½ Middle Fiskville Rd., Austin, Texas 78751 (“Property”) We respectfully submit the enclosed zoning application for Airport & Koenig Tracts DB90 Rezoning (Parcel A) as representatives of the owners of the above stated Property. A site development permit application # SP-2023-0120C was submitted for the proposed development of the Property in accordance with the “VMU2” density bonus program pursuant to Ordinance No. 20221201-056 (“VMU2 Ordinance”). The enclosed zoning application is submitted pursuant to Ord. No 20240229-073 (“DB90 Ordinance”), and as such qualifies for waived application fees as provided in Section 5 of the DB90 Ordinance. The Property covers 7.39 acres located at 501 E Koenig Ln. Svrd EB, 629 E. Koenig Ln., 600 E. 56th Street, 700 E 56th St., 702 E 56th St., 5600 Middle Fiskville Rd., 5601 ½ Middle Fiskville Rd., 5608 ½ Middle Fiskville Rd., Austin, Texas 78751. The Property is currently developed with an automotive dealership, and has direct access to Airport Blvd., Middle Fiskville Rd., E Koenig Ln., and E 56th St. The current zoning of the Property is General Commercial-Mixed-Use-Vertical Mixed Use-Conditional Overlay-Neighborhood Plan (“CS-MU-V-CO-NP”) and General Commercial-Vertical Mixed Use- Conditional Overlay-Neighborhood Plan (“CS-V-CO-NP”), and we are requesting General Commercial- Mixed Use-Vertical Mixed Use-Conditional Overlay-Density Bonus 90 Combining District-Neighborhood Plan (“CS-MU-V-CO-DB90-NP”) zoning for the entire Property to authorize development of a multifamily project on the Property. If you have any questions about the applications or need additional information, please do not hesitate to contact me at your convenience. Thank you for your time and attention to this project. Very truly yours, Marcelle Boudreaux, Planning Department (via electronic delivery) Joi Harden, Planning Department (via electronic delivery) David Hartman cc: 3975984.2 1 04 C14-2024-0167 - Airport & Koenig DB90 Tracts Rezoning - Parcel A13 of 22Parcel B: C14-2025-0010 Parcel C: C14-2025-0014 Parcel E: C14-2025-0015 Parcel A: C14-2024-0167 Parcel F: C14-2025-0017 Parcel G: C14-2025-0016 Parcel D: Zoning Case: C14-2025-0012 RCT: C14-79-019 (RCT) 04 C14-2024-0167 - Airport & Koenig DB90 Tracts Rezoning - Parcel A14 of 22EDUCATIONAL IMPACT STATEMENT Prepared for the City of Austin Austin Independent School District PROJECT NAME: Airport and Koenig ADDRESS/LOCATION CASE #: C14-2025-0010, C14-2025-0012, C14-2025-0017, C14-2025-0015, C14-2024-0167, C14-2025-0016 :: Airport and Koeing NEW SINGLE FAMILY NEW MULTIFAMILY 5502, 5508, 5522 1/2 Middle Fiskville Rd and 713 E 56th Street DEMOLITION OF MULTIFAMILY 707 E 56th Street and 5509 Martin Avenue, Austin, TX TAX CREDIT 501 E Koenig Ln Svrd EB, 629 E Koenig Ln, 600 E. 56th St, 700 E 56th St, 702 E 56th St, STUDENTS PER UNIT ASSUMPTION Elementary School: 5600 Middle Fiskville Rd, 5601 1/2 Middle Fiskville Rd, 5608 1/2 Middle Fiskville Rd STUDENTS PER UNIT ASSUMPTION Elementary School: Middle School: High School: .059 5500 Martin Ave., Austin, TX Middle School: High School: .029 .039 # SF UNITS: # MF UNITS: 2300 IMPACT ON SCHOOLS 5512, 5515 Middle Fiskville Road, and 5500 Airport Blvd., Austin Texas In February 2025 an Educational Impact Statement was submitted to the City of Austin for 2300 MF units. The student yield factor of 0.127 (across all grade levels) for apartment homes was used to determine the number of projected students. This was determined by the district’s demographer by looking at the district average for multifamily units. The project will demolish 0 units and propose 2,300-unit multifamily development. The proposed development is requesting a DB90 district, which includes an affordability requirement. This incentive includes an increased height maximum if the development applies either Ownership: 12% of units at 80% AMI and/or Rental: 12% of units at 60% AMI or 10% of units at 50% AMI. At this time, it is unknown whether these will be ownership, rental or a mix. The development is projected to add approximately 293 students across all grade levels to the projected student population. It is estimated that of the 293 students, 136 will be assigned to Reilly Elementary School, 67 to Lamar Middle School, and 90 to McCallum High School. The percentage of permanent capacity by enrollment for School Year 2028-29, including the additional students projected with this development, would be all above the optimal utilization target range of 85-110% at Reilly ES (128%), Lamar MS (133%), and McCallum HS (128%). This development will need to be monitored as additional students may cause a strain operationally at these campuses. TRANSPORTATION IMPACT At this point in time the development would trigger an additional bus for Reilly ES and Lamar MS. At McCallum the students would be considered walkers, and no impact is expected. SAFETY IMPACT Depending on the layout of the proposed development sidewalks will need to be constructed. If the area where Middle Fiskville Rd running from 55th to 56th St changes then sidewalks will be needed on the Airport Blvd on the westside with barriers. If not, then sidewalks would be needed on Middle Fiskville Rd from 56th to 5420. In addition, sidewalks will be needed from 501 E Koenig Ln south side to Airport Blvd. [1] 04 C14-2024-0167 - Airport & Koenig DB90 Tracts Rezoning - Parcel A15 of 22EDUCATIONAL IMPACT STATEMENT Prepared for the City of Austin Austin Independent School District Date Prepared: 02.21.2025 DATA ANALYSIS WORKSHEET ELEMENTARY SCHOOL: Reilly ADDRESS: 405 Denson Drive POPULATION (without mobility rate) ELEMENTARY SCHOOL STUDENTS 2023-24 Population Number 238 62% % of Permanent Capacity ENROLLMENT (with mobility rate) ELEMENTARY SCHOOL STUDENTS 2023-24 Enrollment Number % of Permanent Capacity 352 92% MIDDLE SCHOOL: Lamar ADDRESS: 6201 Wynona Ave POPULATION (without mobility rate) MIDDLE SCHOOL STUDENTS 2023-24 Population Number 1,095 113% % of Permanent Capacity ENROLLMENT (with mobility rate) MIDDLE SCHOOL STUDENTS 2023-24 Enrollment Number % of Permanent Capacity 1,098 113% Executive Director: PERMANENT CAPACITY: MOBILITY RATE: 47.9% 384 5- Year Projected Population (without proposed development) 5-Year Projected Population (with proposed development) 5- Year Projected Enrollment (without proposed development) 5-Year Projected Enrollment (with proposed development) PERMANENT CAPACITY: .03% MOBILITY RATE: 968 5- Year Projected Population (without proposed development) 5-Year Projected Population (with proposed development) 5- Year Projected Enrollment (without proposed development) 5-Year Projected Enrollment (with proposed development) 376 98% 490 128% 1,288 133% 1,291 133% 240 63% 354 92% 1,221 126% 1,224 126% [2] 04 C14-2024-0167 - Airport & Koenig DB90 Tracts Rezoning - Parcel A16 of 22EDUCATIONAL IMPACT STATEMENT Prepared for the City of Austin Austin Independent School District HIGH SCHOOL: McCallum ADDRESS: 5600 Sunshine Dr POPULATION (without mobility rate) HIGH SCHOOL STUDENTS 2023-24 Population Number 1,827 118% % of Permanent Capacity ENROLLMENT (with mobility rate) HIGH SCHOOL STUDENTS 2023-24 Enrollment 1,876 122% Number % of Permanent Capacity PERMANENT CAPACITY: MOBILITY RATE: 2.7% 1,542 5- Year Projected Population (without proposed development) 5-Year Projected Population (with proposed development) 5- Year Projected Enrollment (without proposed development) 5-Year Projected Enrollment (with proposed development) 1,926 125% 1,975 128% 1,836 119% 1,885 122% [3] 04 C14-2024-0167 - Airport & Koenig DB90 Tracts Rezoning - Parcel A17 of 22EDUCATIONAL IMPACT STATEMENT Prepared for the City of Austin Austin Independent School District PROJECT NAME: Airport and Koenig ADDRESS/LOCATION CASE #: C14-2025-0010, C14-2025-0012, C14-2025-0017, C14-2025-0015, C14-2024-0167, C14-2025-0016 :: Airport and Koeing NEW SINGLE FAMILY NEW MULTIFAMILY 5502, 5508, 5522 1/2 Middle Fiskville Rd and 713 E 56th Street DEMOLITION OF MULTIFAMILY 707 E 56th Street and 5509 Martin Avenue, Austin, TX TAX CREDIT 501 E Koenig Ln Svrd EB, 629 E Koenig Ln, 600 E. 56th St, 700 E 56th St, 702 E 56th St, STUDENTS PER UNIT ASSUMPTION Elementary School: 5600 Middle Fiskville Rd, 5601 1/2 Middle Fiskville Rd, 5608 1/2 Middle Fiskville Rd STUDENTS PER UNIT ASSUMPTION Elementary School: Middle School: High School: .059 5500 Martin Ave., Austin, TX Middle School: High School: .029 .039 # SF UNITS: # MF UNITS: 2300 IMPACT ON SCHOOLS 5512, 5515 Middle Fiskville Road, and 5500 Airport Blvd., Austin Texas In February 2025 an Educational Impact Statement was submitted to the City of Austin for 2300 MF units. The student yield factor of 0.127 (across all grade levels) for apartment homes was used to determine the number of projected students. This was determined by the district’s demographer by looking at the district average for multifamily units. The project will demolish 0 units and propose 2,300-unit multifamily development. The proposed development is requesting a DB90 district, which includes an affordability requirement. This incentive includes an increased height maximum if the development applies either Ownership: 12% of units at 80% AMI and/or Rental: 12% of units at 60% AMI or 10% of units at 50% AMI. At this time, it is unknown whether these will be ownership, rental or a mix. The development is projected to add approximately 293 students across all grade levels to the projected student population. It is estimated that of the 293 students, 136 will be assigned to Reilly Elementary School, 67 to Lamar Middle School, and 90 to McCallum High School. The percentage of permanent capacity by enrollment for School Year 2028-29, including the additional students projected with this development, would be all above the optimal utilization target range of 85-110% at Reilly ES (128%), Lamar MS (133%), and McCallum HS (128%). This development will need to be monitored as additional students may cause a strain operationally at these campuses. TRANSPORTATION IMPACT At this point in time the development would trigger an additional bus for Reilly ES and Lamar MS. At McCallum the students would be considered walkers, and no impact is expected. SAFETY IMPACT Depending on the layout of the proposed development sidewalks will need to be constructed. If the area where Middle Fiskville Rd running from 55th to 56th St changes then sidewalks will be needed on the Airport Blvd on the westside with barriers. If not, then sidewalks would be needed on Middle Fiskville Rd from 56th to 5420. In addition, sidewalks will be needed from 501 E Koenig Ln south side to Airport Blvd. [1] 04 C14-2024-0167 - Airport & Koenig DB90 Tracts Rezoning - Parcel A18 of 22EDUCATIONAL IMPACT STATEMENT Prepared for the City of Austin Austin Independent School District Date Prepared: 02.21.2025 DATA ANALYSIS WORKSHEET ELEMENTARY SCHOOL: Reilly ADDRESS: 405 Denson Drive POPULATION (without mobility rate) ELEMENTARY SCHOOL STUDENTS 2023-24 Population Number 238 62% % of Permanent Capacity ENROLLMENT (with mobility rate) ELEMENTARY SCHOOL STUDENTS 2023-24 Enrollment Number % of Permanent Capacity 352 92% MIDDLE SCHOOL: Lamar ADDRESS: 6201 Wynona Ave POPULATION (without mobility rate) MIDDLE SCHOOL STUDENTS 2023-24 Population Number 1,095 113% % of Permanent Capacity ENROLLMENT (with mobility rate) MIDDLE SCHOOL STUDENTS 2023-24 Enrollment Number % of Permanent Capacity 1,098 113% Executive Director: PERMANENT CAPACITY: MOBILITY RATE: 47.9% 384 5- Year Projected Population (without proposed development) 5-Year Projected Population (with proposed development) 5- Year Projected Enrollment (without proposed development) 5-Year Projected Enrollment (with proposed development) PERMANENT CAPACITY: .03% MOBILITY RATE: 968 5- Year Projected Population (without proposed development) 5-Year Projected Population (with proposed development) 5- Year Projected Enrollment (without proposed development) 5-Year Projected Enrollment (with proposed development) 376 98% 490 128% 1,288 133% 1,291 133% 240 63% 354 92% 1,221 126% 1,224 126% [2] 04 C14-2024-0167 - Airport & Koenig DB90 Tracts Rezoning - Parcel A19 of 22EDUCATIONAL IMPACT STATEMENT Prepared for the City of Austin Austin Independent School District HIGH SCHOOL: McCallum ADDRESS: 5600 Sunshine Dr POPULATION (without mobility rate) HIGH SCHOOL STUDENTS 2023-24 Population Number 1,827 118% % of Permanent Capacity ENROLLMENT (with mobility rate) HIGH SCHOOL STUDENTS 2023-24 Enrollment 1,876 122% Number % of Permanent Capacity PERMANENT CAPACITY: MOBILITY RATE: 2.7% 1,542 5- Year Projected Population (without proposed development) 5-Year Projected Population (with proposed development) 5- Year Projected Enrollment (without proposed development) 5-Year Projected Enrollment (with proposed development) 1,926 125% 1,975 128% 1,836 119% 1,885 122% [3] 04 C14-2024-0167 - Airport & Koenig DB90 Tracts Rezoning - Parcel A20 of 22From: To: Subject: Date: Harden, Joi Boudreaux, Marcelle FW: Case number c14-2024-0167 Thursday, December 5, 2024 12:10:23 PM Hi Marcelle, Please reach out to the person who sent the email below and let them know that you are the case manager and can assist with questions. Thanks! Best, Joi From: jreese@swbell.net <jreese@swbell.net> Sent: Wednesday, December 4, 2024 7:08 PM To: Harden, Joi <Joi.Harden@austintexas.gov> Subject: Case number c14-2024-0167 You don't often get email from jreese@swbell.net. Learn why this is important External Email - Exercise Caution Hello, Regarding the notice for filing of Application for rezoning: We are in complete opposition to granting this property ANY special provisions. We have been neighbors of the Leif Johnson Ford property for more than two decades. They have been HORRENDOUS neighbors with complete and total disregard for our neighborhood. And since Johnson is still in the name of the special land LTD, I am assuming it will be run with the same blatant disregard for the neighbors. They blasted their loudspeakers throughout our neighborhood from morning until night for years. We had to listen to everything from them singing happy birthday to employees to telling which cars were located in which bays .Although our property is right beside the tracks, our neighbors several blocks in were hearing the same thing. Most of the neighbors were tenants and likely didn’t do anything to rectify the situation. Seriously, imagine yourself sitting in your living room and hearing about which car is in which bay. My next door neighbor was laying dying in her home and was so bothered by it that I went over there to mention it to them to see if anything could be done to turn it down or turn the speakers around or something. The first time I approached them, I thought they would quickly rectify the situation as any decent humans would .Nope! They kept making excuses about people being out of town. On the fifth trip (several weeks after the first request)over to ask them to stop blasting out my dying neighbor, they noy only were unwilling to help but became combative with me which of course didn’t do anything for my not so calm conveying of the message. So faced with knowing that for years very tolerant neighbors put up with unnecessary blaring of music and announcements for years but one tiny dying woman was pleading for peace and quiet, they still did nothing about their neighborhood offense. Oh wait. They did do something, 04 C14-2024-0167 - Airport & Koenig DB90 Tracts Rezoning - Parcel A21 of 22They called the police on me. The police asked if I threatened them and they truthfully replied that I had not. I notified the neighborhood association and they turned it down immediately. If it that was easy to rectify an offense onto our neighborhood, and they knew one of my neighbors was lying on her death bed what their hesitation was in just being good neighbors. I will alert my neighbors to this and also the North Loop neighborhood association. Could someone please talk to us about the sound and lights that will be affecting our neighborhood in North Loop? Thank you CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT at "cybersecurity@austintexas.gov". 04 C14-2024-0167 - Airport & Koenig DB90 Tracts Rezoning - Parcel A22 of 22