09 C814-2008-0087.02 - South Shore PUD Addition; District 3 - Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C814-2008-0087.02 (South Shore PUD Addition) DISTRICT: 3 ADDRESS: 1705 and 1717 South Lakeshore Boulevard; 1712 East Riverside Drive ZONING FROM: ERC-CMU TO: PUD (add approximately 1.4 acres to the PUD and increase maximum building height to 180 feet). SITE AREA: Approximately 1.4 acres (approximately 60,984 square feet) PROPERTY OWNER: Grayco SS Land 2011, LP and Morrison-Moore Properties, Ltd. AGENT: Armbrust & Brown, PLLC (Michael J. Whellan) CASE MANAGER: Jonathan Tomko (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: The Staff recommendation is to grant a second amendment to planned unit development (PUD) zoning, which would add approximately 1.4 acres to the PUD and increase maximum building height to 180 feet, with the following condition as outlined by Austin Parks and Recreation: • Parkland dedication requirements in effect at the time of site plan submittal apply to any proposed development on the tract, as described by City Code Title 25-1, Article 14 (Parkland Dedication). For a summary of the basis of Staff’s recommendation, please see the basis of recommendation section below. PLANNING COMMISSION / OTHER COMMISSION ACTION / RECOMMENDATION: Environmental Commission: The motion to recommend approval of the South Shore Planned Unit Development Amendment with conditions to Austin City Council was made on Commissioner Qureshi’s motion, seconded by Commissioner Krueger, and failed on a 5-1-1 vote. Those voting aye were Commissioners Luecke, Krueger, Qureshi, Morrison, and Sullivan. Commissioner Brimer voted nay. Commissioner Fleury abstained. Commissioners Bristol, Changsut, Fierro, and Moretta-Urdiales were absent. Parks and Recreation Board: The motion to recommend to Austin City Council to not approve the South Shore Planned Unit Development Amendment was approved on Board Member Franklin’s motion, Board Member Eubanks’ second on a 7-2 vote. Those voting aye were Board Members Abou-Emara, Eubanks, Franklin, Kearns-Osterweil, Merritt, 09 C814-2008-0087.02 - South Shore PUD Addition; District 31 of 9C814-2008-0087.02 2 Orme and Taylor. Those voting nay were Chair Bazan and Board Member Villalobos. Board Members Becker and Flowers absent. March 10, 2026: Postponed at the request of the applicant to March 24, 2026, Planning Commission meeting March 24, 2026: Case is scheduled to be heard by Planning Commission CITY COUNCIL ACTION: TBD ORDINANCE NUMBER: N/A ISSUES: As a condition of approval, Austin Parks and Recreation believes it is reasonable to require a PUD to comply with City Code Title 25-1, Article 14 (Parkland Dedication), which states that parkland dedication requirements in effect at the time of site plan submittal apply to any proposed uses and development. Staff would support the proposed rezoning without conditions if this change were made to bring the subject tract into compliance with current code. The applicant does not agree with the proposed condition in the staff’s recommendation for this case. CASE MANAGER COMMENTS: The property in question consists of approximately 1.4 acres located at 1705 and 1717 South Lakeshore Boulevard and 1712 East Riverside Drive and is currently zoned East Riverside Corridor – Commercial Mixed Use (ERC-CMU) subdistrict. The site is developed with a restaurant and convenience store at the intersection of East Riverside Drive and South Lakeshore Boulevard. The applicant is requesting to amend the previously approved South Shore PUD (Zoning Case No. C814-2008-0087, Ordinances No. 20091217-126, 20140213- 081, and 20140417-018) to incorporate the subject 1.4 acre property into the PUD boundary and increase the maximum allowable building height to 180 feet. The request is intended to apply the terms and conditions of the existing South Shore PUD to the subject tract, with the primary modification being an increase in maximum height to support a transit-oriented, high-density residential project. The subject tract is in an area characterized by mixed-use and multifamily development. Surrounding uses include multifamily apartments with street-level retail to the north, commercial uses to the south and west, and the existing South Shore PUD development and detention facilities to the east. The property is within the Riverside Station Imagine Austin Activity Center, along the East Riverside Drive Imagine Austin Corridor, on an ASMP level 3 corridor and Transit Priority Network roadway, and in close proximity to the Central Business District. 09 C814-2008-0087.02 - South Shore PUD Addition; District 32 of 9 C814-2008-0087.02 3 The Staff recommendation is to grant a second amendment to planned unit development (PUD) zoning, which would add approximately 1.4 acres to the PUD and increase maximum building height to 180 feet, with the following condition as outlined by Austin Parks and Recreation: • Parkland dedication requirements in effect at the time of site plan submittal apply to any proposed development on the tract, as described by City Code Title 25-1, Article 14 (Parkland Dedication). BASIS OF RECOMMENDATION: Zoning should promote clearly-identified community goals, such as creating employment opportunities or providing for affordable housing. Granting the proposed rezoning request would provide additional market rate housing and resources for affordable housing. The developer would be required to pay the PUD fee in lieu of affordable housing, which is $9 per square foot above base entitlements, as opposed to the East Riverside Corridor (ERC) fee in lieu for affordable housing, which is $1 per square foot above base entitlements. The provision of additional housing options is particularly important next to the proposed rail station. The proposed zoning should be consistent with the goals and objectives of the City Council. City Council has adopted several plans that address land development patterns, including the Imagine Austin Comprehensive Plan, the Austin Strategic Housing Blueprint, Austin Climate Equity Plan, and Austin Strategic Mobility Plan (ASMP). Each of these plans aim to increase housing supply proximate to pedestrian, bike, and transit connections. The proposed zoning change would be consistent with the goals and objectives within those Council-adopted plans. Zoning should allow for reasonable use of the property. The subject tract is less than one-half mile from the Central Business District and within the Riverside Station Imagine Austin Activity Center. Riverside Drive is an Imagine Austin Corridor, an ASMP level 3 corridor, and part of the ASMP Transit Priority Network. There is also a proposed stop for Project Connect Rail adjacent to the subject tract. The rezoning request and proposed use is reasonable given these locational considerations and transportation options. EXISTING ZONING AND LAND USES: Site North (across South Lakeshore Blvd.) South (across East Riverside Drive) East ZONING LAND USES ERC-CMU A restaurant (Baby A’s) and a 7-11 Convenience Store ERC-CMU 4-story multifamily apartments (AMLI South Shore) with some street level retail ERC-CMU A convenience store with service station, food trucks ERC-CMU and PUD and donut shop A detention pond, 5-story multifamily apartments (South Shore) with some street level retail, and a Jiffy Lube auto service center 09 C814-2008-0087.02 - South Shore PUD Addition; District 33 of 9 C814-2008-0087.02 West (across East Riverside Drive) ERC-NMU Two restaurants and an auto sales use 4 NEIGHBORHOOD PLANNING AREA: East Riverside/Oltorf (East Riverside) Combined Neighborhood Planning Area WATERSHED: Lady Bird Lake Watershed SCHOOLS: A.I.S.D. Sanchez Elementary School Martin Middle School Austin High School COMMUNITY REGISTRY LIST: Austin Independent School District, Austin Neighborhoods Council, Crossing Gardenhome Owners Association, Del Valle Community Coalition, East Austin Conservancy, East Riverside/Oltorf Neighborhood Contact Team, Friends of Austin Neighborhoods, Homeless Neighborhood Association, Overton Family Committee, Pleasant Valley, Preservation Austin, South Central Coalition, South River City Citizens, South River City Citizens Association, Southeast Austin Neighborhood Alliance AREA CASE HISTORIES: Request Commission City Council Number C814-06-0109.03 (Lakeshore PUD Amendment #3) The applicant is rezoning approximately 2.3 acres from ERC- NMU and PUD-NP to PUD-NP 05/27/2025: Approved staff's recommendation on the consent agenda on Vice Chair Woods’ motion, Commissioner Skidmore’s second, on a 9-0 vote. Commissioners Anderson and Haney were off the dais. Commissioners Hempel and Maxwell were absent. 07/24/2025: To grant PUD-NP provided that the applicant provide a 12’ public trail to be built concurrently with phases of the PUD adjacent to Willow Creek Greenway, as they are constructed. Public trail alignment shall run parallel to Willow Creek Greenway, connecting Elmont Dr. to Lakeshore Blvd. 12/17/2009: To grant PUD-NP with conditions on Council Member Cole's motion, C814-2008-0087 (South Shore District PUD) The applicant is rezoning from MF- 3/MF-3-NP, CS- 1NP/GR-NP, GR- NP, LR-NP/MF- 02/24/2009: To grant PUD-NP 6-3 vote with Commissioners 09 C814-2008-0087.02 - South Shore PUD Addition; District 34 of 9 C814-2008-0087.02 5 3/MF-3/MF-3-NP to PUD-NP Sullivan, Dealey, and Kirk voting nay. C14-2021-0014 (2200 E. Riverside Drive) C14-2023-0135 (1500 and 1600 Roal Crest) The Applicant is proposing to rezone approximately 1.997 acres from ERC- NMU (Neighborhood Mixed Use) to ERC- CMU (Corridor Mixed Use). The applicant is proposing to rezone approximately 10.06 acres from ERC-UR to ERC-CMU. 04/13/2021: Approved staff’s recommendation on the consent agenda - Commissioner Azhar’s motion and Commissioner Schneider’s second 12-0 vote; Commissioner Shieh was absent. 08/13/2024: To grant staff recommendation of ERC-CMU on Consent. Motion by Commissioner Azhar, seconded by Commissioner Woods (12-0) Commissioner Howard absent. Council Member Shade's second on a 5-2 vote. Those voting aye were: Mayor Pro Tern Martinez and Council Members Cole, Shade, Spelman and Riley. Those voting nay were: Mayor Leffingwell and Council Member Morrison. 05/06/2021: To grant ERC-CMU on Council Member Kelly’s motion, Mayor Pro Tem Harper-Madison’s second on an 11-0 vote. 10/10/2024: To grant ERC-CMU on Council Member Qadri’s motion and Council Member Vel’s second (9-0) vote. Council Member Alter was off the dais and Council Member Harper-Madison was absent. RELATED CASES: C20-2025-006: ERC Regulating Plan Boundary Modification associated with removing the subject tract from the ERC. ADDITIONAL STAFF COMMENTS: Comprehensive Planning Project Name and Proposed Use: 1705 SOUTH LAKESHORE BOULEVARD. C814-2008-0087. Project: South Shore PUD Addition. The applicant proposes to amend a previously approved Planned Unit Development (PUD). Existing: restaurant, convenience store, fast-food restaurant. Proposed: 09 C814-2008-0087.02 - South Shore PUD Addition; District 35 of 9 C814-2008-0087.02 6 multifamily housing (357 DU). Note that the applicant is seeking to increase the boundaries of the site and will be increasing the max height to 180 ft at Area 8 as indicated on the Land Use Plan. Additionally, the applicant will be fulfilling the affordable housing requirement through an in-lieu payment to the Housing Trust Fund. 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 *: • Adjacent to the Riverside Drive Activity Corridor; Within the Riverside Station Town Center Y Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or light rail station. • 0.04 miles to bus stop along E Riverside DR Y Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane. • Sidewalk present along E Riverside DR and S Lakeshore BLVD Y Connectivity, Good and Services, Employment *: Provides or is located within 0.50 miles to goods and services, and/or employment center. Y Y Y Y • Within 0.5 miles of Goods and Services along E Riverside DR 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. Connectivity and Healthy Living *: Provides or is located within 0.50 miles from a recreation area, park or walking trail. • 0.2 miles to Ann and Roy Butler Hike and Bike Trail 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.) • 0.2 miles to Urgent Care along E Riverside DR 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. • Fulfilled by 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. 09 C814-2008-0087.02 - South Shore PUD Addition; District 36 of 9C814-2008-0087.02 7 Industrial Land: Preserves or enhances industrial land. Not located over Edwards Aquifer Contributing Zone or Edwards Aquifer Recharge Zone Number of “Yes’s” Y 9 Environmental EO1 U0 Remove grandfathering language from the proposed ordinance. Any proposed deviations from current code will need to be provided as code modifications in the amended ordinance. Commensurate superiority will be required. Update 1. Comment not addressed Update 2. Comment cleared EO2 U0 Consider Tier 2 environmental superiority enhancements for proposed development - - - - - - - within added 1.2 acre lot Provides drainage upgrades to off-site drainage infrastructure that does not meet current criteria in the Drainage or Environmental Criteria Manuals, such as storm drains and culverts that provide a public benefit. Tree plantings use Central Texas native seed stock and are installed with adequate soil volume. Provides porous pavement for at least 20 percent or more of all paved areas for non- pedestrian in non-aquifer recharge areas. Provides porous pavement for at least 50 percent or more of all paved areas limited to pedestrian use. Provide rainwater harvesting (or other reclaimed water) for landscape irrigation to serve not less than 50% of the landscaped areas. Direct stormwater runoff from impervious surfaces to a landscaped area at least equal to the total required landscape area. Employ green roof elements, pollinator gardens and/or other innovative measures to provide environmental superiority Provides an Austin Energy Green Building Rating of three stars or above. - Update 1. The applicant is agreeing to comply with current 3 star Green Building rating and light pollution reduction criteria for the proposed development on the new tract EO3 U0 Provide additional opportunities for non-potable on-site water collection and beneficial re-use. Update 1. Comment not addressed Update 2. Comment cleared EO4 U0 Consider incorporating light pollution reduction criteria into the development by committing to compliance with Austin Energy Green Building ST7 Light Pollution Reduction criteria as a part of achieving 3-star Austin Energy Green Building Rating. Update 1. Comment cleared. EO5 U0 Consider incorporating bird friendly design criteria into the development by committing to compliance with Austin Energy Green Building STEL5 Bird Collision Deterrence criteria as a part of achieving 3-star Austin Energy Green Building Rating. 09 C814-2008-0087.02 - South Shore PUD Addition; District 37 of 9C814-2008-0087.02 8 Update 1. Applicant has indicated they will not incorporate this request in the superiority of the project. EO6 U0 Consider including superior enhancements to the urban forest and tree canopy including but not limited to exceeding the number of required tree plantings; utilizing suspended pavement systems to increase soil volume for street trees; utilizing Tree Health AEGB Innovation Points; planting a diversity of trees; planting trees that provide habitat value. Update 1. Applicant has indicated they will not incorporate this request in the superiority of the project. Fire No comments on rezoning PARD – Planning & Design Review PR 1: The PUD does not modify parkland dedication, the parkland dedication requirements in effect at the time of site plan submittal will apply to any applicable uses proposed. Applicable units will be assessed for parkland dedication fees under current code at the time of submittal of a site plan or subdivision. This PUD is not park superior. PR 2: The trail from Arena (now Shore District Dr) to South Lakeshore Dr. is incomplete, trail must be complete to comply with the PUD requirements and provided in a public easement. Please provide the public easement to this reviewer for review and recordation. Trail is not constructed adjacent to Shore District Dr. on TCAD Parcel 838125. Trail construction must be complete and in a public trail easement prior to the approval of the next residential site plan or subdivision within this PUD Site Plan This addition to the South Shore PUD is partially within the South Congress at East Live Oak Capitol View Corridor. All future site designs will need to take that into account, as CVC height limits cannot be waived. Transportation and Public Works (TPW) Department – Engineering Review TPW 1. Total trips cannot exceed the trips outlined in the South Shore District PUD TIA dated 09/04/09 per Zoning Ord. 20091217-26. TPW 2. Additional right-of-way may be required at the time of subdivision and/or site plan. EXISTING STREET CHARACTERISTICS: Name ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route Capital Metro (within ¼ mile) 09 C814-2008-0087.02 - South Shore PUD Addition; District 38 of 9C814-2008-0087.02 9 Level 3 145’ 126’ 90’ Yes Yes Yes Level 2 84’ 126’ 35’ Partial Yes Yes E. Riverside Blvd. South Lakeshore Blvd. TIA: A traffic impact analysis is NOT required. Traffic generated by the proposal does not exceed the thresholds established in the City of Austin Land Development Code (LDC). Mitigation per LDC 25-6-101 may still apply Austin Water Utility No comments on rezoning INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: A. Zoning Map B. Aerial Map C. Applicant’s Summary Letter 09 C814-2008-0087.02 - South Shore PUD Addition; District 39 of 9