06 C14-2026-0008 - 1900 Rosewood Block; District 1 - Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2026-0008 (1900 Rosewood Block) DISTRICT: 3 ADDRESS: 1900, 1902, 1904 and 1906 Rosewood Avenue; 1152 Poquito Street; 1155 Chicon Street ZONING FROM: CS-MU-V-CO-NP TO: CS-MU-V-CO-DB90-NP SITE AREA: approximately 0.75 acres (approximately 32,670 square feet) PROPERTY OWNER: 2019 Bagels, LP and Poquito Chicon, LP AGENT: Armbrust & Brown, PLLC (Michael J. Whellan) CASE MANAGER: Jonathan Tomko, AICP (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff recommends granting general commercial services-mixed use-vertical mixed use- conditional overlay-density bonus 90-neighborhood plan (CS-MU-V-CO-DB90-NP) combining district zoning. The conditional overlay would not limit the height of the building to 40-feet per the Conditional Overlay in Ordinance No. 020110-17; however, it would prohibit the following 18 uses: - Adult oriented businesses - Automotive washing (of any type) - Commercial off-street parking - Construction sales and services - Custom manufacturing - Equipment sales - Laundry service - Maintenance and service facilities - Service station -Agricultural sales and services - Campground - Commercial blood plasma center - Convenience storage - Drop-off recycling collection facility - Equipment repair services - Limited warehouse and distribution - Pawn shop services - Vehicle storage And would conditionally allow the following 6 uses: - Automotive sales - Kennels - Outdoor sports and recreation - Exterminating services - Hotel-motel - Monument retail sales PLANNING COMMISSION ACTION / RECOMMENDATION: July 28, 2026: Applicant postponement to September 8, 2026, granted. September 8, 2026: Case is scheduled to be heard by Planning Commission. CITY COUNCIL ACTION: 06 C14-2026-0008 - 1900 Rosewood Block; District 11 of 13 C14-2026-0008 TBD ORDINANCE NUMBER: TBD 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. CASE MANAGER COMMENTS: The property in question is currently an approximately 1,300 square foot single-story bagel shop constructed in approximately 1944, a gravel parking lot, and undeveloped land just northeast of the intersection of Rosewood Avenue and Chicon Street. To the north, across an alley from the subject tract is a small commercial store (Triple Crown Tattoo Parlor), three duplexes, and three single family homes. To the east, is the Neighbors Market Convenience Store, approximately 2,000 square feet constructed in approximately 1988, and one single family home constructed in approximately 2016. To the south, across Rosewood Avenue is Pathways at Rosewood Courts; 184 multifamily apartments and 12 townhomes constructed in approximately 2025. To the west of the subject tract, across Chicon Street is Rosewood Avenue Baptist Church, A two-story approximately 5,500 square foot church constructed in approximately 1960. The site is proximate to four bus stops, the high frequency (every 10-15 minutes on weekdays) Route 2 – Rosewood and the local Route 322 Chicon/Cherrywood. The site is less than ½ mile to three Imagine Austin Activity Corridors (MLK, East 12th Street-west of Poquito, and East 11th Street-west of Navasota) and two Imagine Austin Activity Centers (Plaza Saltillo and MLK Station) While the applicant is requesting an increase in height through a voluntary density bonus, in exchange for affordable housing, this request would retain the use restrictions within the conditional overlay adopted during the development of the neighborhood plan. The applicant is requesting general commercial services-mixed use-vertical mixed use- conditional overlay-density bonus 90 (CS-MU-V-CO-DB90) combining district for a proposed development that would include multi-family units requiring an affordable component. A building constructed under density bonus 90 (–DB90) standards allows for a mix of residential uses and commercial uses, and the result is typically retail, restaurants and offices on the ground floor, and residential units on upper levels. The overall project would consist of approximately 75 residential units and a yet to be determined amount of retail. 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 06 C14-2026-0008 - 1900 Rosewood Block; District 12 of 13 C14-2026-0008 3 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 rental units in a building are affordable for a 40-year period for households earning 80% or less than the Austin-Round Rock Metropolitan Statistical Area MFI; or 2) an in-lieu-fee payment to the Housing Trust Fund, equivalent to the required percentage of the total residential units, including the mix of bedrooms required, at the rate set in the fee schedule at the time of final site plan submission. BASIS OF RECOMMENDATION: The rezoning should be consistent with the policies and principles adopted by the City Council. City Council has provided policy and direction for having more residential density and increased affordability, as well as incentivizing vertical mixed use buildings throughout the City. This request is consistent with the “VMU2” option and Ordinance No. 20240229-073, which replaced the invalidated “VMU2” option. The proposed zoning should be consistent with the purpose statement of the district sought. DB90 (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. Zoning should allow for reasonable use of the property The subject tract is largely undeveloped apart from the bagel shop. It is less than one mile from the Central Business District. The future land use map (FLUM) designated during the neighborhood planning process designates the property as mixed use. The requested zoning would allow for a mix of uses while also providing an opportunity for voluntary income restricted affordable housing and a density level that would support transit. The proposed zoning would allow for reasonable use of the property and support community goals. Zoning should promote clearly-identified community goals, such as creating employment opportunities or providing for affordable housing This rezoning authorizes a property to participate in a voluntary density bonus or incentive program that provides modifications to development regulations or other regulatory-related benefits in exchange for community benefits. In exchange for increased development potential, the development is required to comply with affordable housing requirements. EXISTING ZONING AND LAND USES: ZONING LAND USES 06 C14-2026-0008 - 1900 Rosewood Block; District 13 of 13 C14-2026-0008 4 Site CS-MU-V-CO-NP North (across alley) CS-MU-V-CO-NP and MF-3-NP South (across Rosewood Avenue) MF-4-NP East CS-MU-V-CO-NP and CS-MU-CO-NP West (across Chicon Street) MF-4-NP An approximately 1,300 square foot single- story bagel shop constructed in approximately 1944, a gravel parking lot, and undeveloped land. A small commercial store (Triple Crown Tattoo Parlor), three duplexes, and three single family homes. Pathways at Rosewood Courts; 184 multifamily apartments and 12 townhomes constructed in approximately 2025. Neighbors Market Convenience Store, approximately 2,000 square feet constructed in approximately 1988, and one single family home constructed in approximately 2016. Rosewood Avenue Baptist Church, A two- story approximately 5,500 square foot church constructed in approximately 1960. NEIGHBORHOOD PLANNING AREA: Rosewood Neighborhood Planning Area WATERSHED: Boggy Creek Watershed SCHOOLS: A.I.S.D. Blackshear Elementary School Kealing Middle School Eastside Memorial High School COMMUNITY REGISTRY LIST: Austin Neighborhoods Council, Del Valle Community Coalition, East Austin Conservancy, Friends of Austin Neighborhoods, Homeless Neighborhood Association, Overton Family Committee, Preservation Austin, Rosewood Neighborhood Plan Contact Team AREA CASE HISTORIES: NUMBER C14-2024-0070 (3117 & 3121 E. 12th) REQUEST The applicant is requesting to rezone approximately 1.0 acres from CS-MU- V-CO-NP to CS- MU-V-CO-DB90- NP – This case would not carry forward a 40-foot height limitation in its CO that was COMMISSION 07.09.2024: Forward to Council without a recommendation. CITY COUNCIL 09.26.2024: Approved CS-MU- V-CO-DB90-NP on Council Member Pool’s motion, seconded by Council Member Qadri on a 10-0 vote, Council Member Alison Alter was off the dais. 06 C14-2026-0008 - 1900 Rosewood Block; District 14 of 13 C14-2026-0008 5 C14-2009-0106 (Rosewood Neighborhood Planning Area VMU Building Opt-In/Opt- Out Process) applied in the Neighborhood Plan. The applicant is requesting to add (V) district zoning to selected tracts within the VMU overlay district. – This includes the entirety of the subject tract. 12.08.2009: To grant the applicant’s request to add V district zoning to the selected tracts. C14H-2015-0008 (Rosewood Courts Historic District) The applicant is proposing to rezone approximately 2.614 acres from MF-4-NP to MF-4-H-NP 03.13.2018: To Grant MF-4-H-NP. 03.25.2010 Approved adding V district zoning as Planning Commission Recommended on Council Member Morrison’s motion, Mayor Pro Tem Martinez’ second on a 7-0 vote. 03.22.2018: Approved MF-4-H- NP as Planning Commission Recommended on Council Member Houston’s motion, Council Member Renteria’s second on a 9-0 vote. Council Member Troxclair was off the dais and Council Member Pool was absent. RELATED CASES: None ADDITIONAL STAFF COMMENTS: Comprehensive Planning Project Name and Proposed Use: 1900 ROSEWOOD AVENUE. C14-2026-0008. Project: 1900 Rosewood Block. 0.75 acres from CS-MU-V-CO-NP to CS-MU-V-DB90-NP. Existing: restaurant. Proposed: multifamily housing (75 units) and strip retail plaza. Note that applicant is pursuing VMU or DB90 programs and is requesting the removal of the conditional overlay limiting the properties height to 40-feet. Yes Imagine Austin Decision Guidelines Y 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 *: • 0.25 miles from 12th Activity Corridor Y Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or light rail station. • Adjacent to bus stops along Chicon ST and Rosewood Ave 06 C14-2026-0008 - 1900 Rosewood Block; District 15 of 13 C14-2026-0008 6 Y Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane. • Sidewalk and bike lane present along Rosewood Ave Connectivity, Good and Services, Employment *: Provides or is located within 0.50 miles to goods and services, and/or employment center. Connectivity and Food Access *: Provides or is located within 0.50 miles of a grocery store/farmers market. Connectivity and Education *: Located within 0.50 miles from a public school or university. • 0.3 miles to Kealing Middle School Connectivity and Healthy Living *: Provides or is located within 0.50 miles from a recreation area, park or walking trail. • 0.3 miles to Rosewood 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.) • 0.2 miles to medical clinic along Rosewood Ave 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. • Note that this measure is dependent upon participation in density bonus program Y Y Y Y Y Y Mixed use *: Provides a mix of residential and non-industrial uses. Y Culture and Creative Economy *: Provides or is located within 0.50 miles of a cultural resource (ex: library, theater, museum, cultural center). • 0.4 miles to the Carver Branch of the Austin Public Library 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 Y 11 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 1. The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Boggy Creek Watershed of the Colorado River Basin, which is classified as an Urban 06 C14-2026-0008 - 1900 Rosewood Block; District 16 of 13 C14-2026-0008 7 Watershed by Chapter 25-8 of the City's Land Development Code. It is in the Desired Development Zone. 2. Zoning district impervious cover limits apply in the Urban Watershed classification. 3. According to floodplain maps there is no floodplain within or adjacent to the project location. 4. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. 5. 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. 6. 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. 7. 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 No comments on rezoning PARD – Planning & Design Review PR1: Parkland dedication fees may apply to any future site plan or subdivision applications with applicable uses resulting from this rezoning. Site Plan Zoning Cases regulations which may affect a 1. FYI: All comments regarding the effects of the proposed rezoning on subsequent Site Plan Review applications are intended to assist in identifying potential development constraints but do not include all specific proposal. Changes to property boundaries and requests for development cannot include all regulatory limitations which may apply to a specific subject to modification or reconsideration if affected by a change in property boundaries or if development is proposed on only a portion of the land proposed for rezoning. These comments are intended to assist in identifying potential development constraints, but do not address the actual restrictions which will apply to a specific development proposal. Austin Development Services offers a variety of pre-application review options to assist in evaluating specific development proposals prior to Site Plan Application. 2. Site plans will be required for any new development except for residential only projects with up to 4 units. 3. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. 06 C14-2026-0008 - 1900 Rosewood Block; District 17 of 13 C14-2026-0008 8 Compatibility Standards 4. The site is subject to compatibility standards due to the proximity of SF-3-NP-zoned property). northeast (i.e., triggering the parcels Reference 25-2-1051, 25-2-1053 the to 5. Any structure that is located: a. At least 50 feet but less than 75 feet from any part of a triggering property may not exceed 60 feet b. Less than 50 feet from any part of a triggering property may not exceed 40-feet Reference 25-2-1061 6. A 25-foot compatibility buffer is required along the property line shared with the triggering property. No vertical structures are permitted in the compatibility buffer. Reference 25-2-1062(B), 25-8-700 7. An on-site amenity, including a swimming pool, tennis court, ball court, or playground, triggering property. feet or from less the may not be constructed 25 Reference 25-2-1062 DB90 Rezoning 14. This site must meet affordability minimums per LDC 25-2-652 to be eligible for DB90. A signed approval letter from the Housing Department will be required with site plan submittal. 15. Chicon 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. NOTE: A lobby serving a use other than a pedestrian-oriented commercial or civic space is not counted as a pedestrian-oriented commercial or civic place. 16. If a building includes a mix of uses, a non-residential use: 17. may not be located above a residential use; and 18. may not be located on or above the third story of the building. Transportation and Public Works (TPW) Department – Engineering Review TPW 1. Transportation assessment/traffic transportation demand management plan shall be required at the time of site plan if triggered per LDC 25-6 and TCM 10.2.1. 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. impact analysis and TPW 2. The Austin Strategic Mobility Plan (ASMP) calls for 84 feet of right-of-way for CHICON ST. It is recommended that 42 feet of right-of-way from the existing centerline should be dedicated for CHICON ST according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. TPW 3. The Austin Strategic Mobility Plan (ASMP) calls for 84 feet of right-of-way for ROSEWOOD AVE. It is recommended that 42 feet of right-of-way from the existing centerline should be dedicated for ROSEWOOD AVE according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. TPW 4. The Austin Strategic Mobility Plan (ASMP) calls for 58 feet of right-of-way for POQUITO ST. It is recommended that 29 feet of right-of-way from the existing centerline should 06 C14-2026-0008 - 1900 Rosewood Block; District 18 of 13 C14-2026-0008 9 be dedicated for POQUITO ST according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. EXISTING STREET CHARACTERISTICS: Name ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route Capital Metro (within ¼ mile) CHICON ST Level 2 ROSEWOOD AVE Level 2 84’ 84’ 55’ 69’ 41’ 40’ Yes Yes Yes Yes Yes Yes POQUITO ST Level 1 58’ 37’ 25’ Partial No Yes TIA: A traffic impact analysis is NOT required. Traffic generated by the proposal does not exceed thresholds established in the City of Austin Land Development Code (LDC). Mitigation per LDC 25-6-101 may still apply. Austin Water Utility AW1. No comments on zoning change. FYI: The landowner intends to serve the site with existing City of Austin water utilities. Based on current public infrastructure configurations, it appears that service extension requests (SER) will be required to provide service to this lot. For more information pertaining to the Service Extension Request process and submittal requirements contact the Austin Water SER team at ser@austintexas.gov. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: A. Zoning Map B. Aerial Map C. Applicant’s Summary Letter D. Correspondence from Interested Parties 06 C14-2026-0008 - 1900 Rosewood Block; District 19 of 13 06 C14-2026-0008 - 1900 Rosewood Block; District 110 of 1306 C14-2026-0008 - 1900 Rosewood Block; District 111 of 13ARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 January 20, 2026 Joi Harden, Zoning Officer Planning Department 6310 Wilhelmina Delco Dr. Austin, Texas 78752 Subject: Rezoning application for 1900, 1902, 1904, and 1906 Rosewood Ave., 1155 Chicon St., and 1152 Poquito St. (the “Property”) Dear Ms. Harden, On behalf of 2019 Bagels, LP and Poquito Chicon, LP (the “Owners”), I am requesting that the city: • Rezone the Property from CS-MU-V-CO-NP to CS-MU-V-CO-DB90-NP; and • Remove the conditional overlay provision limiting the Property’s height to 40 ft. This would allow for the Property to pursue mixed-use development through either the Vertical Mixed-Use (“VMU”) or Density Bonus 90 (“DB90”) programs. Site Context The Property is: • At the intersection of three CapMetro bus routes and within a 10-minute walk of a fourth route. Three routes directly serve the Property, stopping at the intersection of Rosewood and Chicon: the 2 bus (a High- Frequency Route), the 322 bus (a Crosstown Route), and the 485 bus (one of only five Night Owl Routes, with service until 3am). A fourth bus stops a short less-than-10-minute walk up Chicon, the 5 bus (a Local Route). • Located on a multimodal, Transit Priority Network roadway (Rosewood). The Property is located along Rosewood Avenue between Chicon Street and Poquito Street. Chicon, while not designated as part of the Transit Priority Network, also features bus service. Finally, Rosewood operates as a multimodal street, with separated, dedicated bike lanes on both sides of the street. • Underutilized and mostly vacant. The Property is currently mostly undeveloped, with only the corner at Rosewood and Chicon featuring a small, single-story commercial building. • Designated for mixed-use growth. The Property currently features General Commercial Services (CS) base zoning, one of the most intensive zoning designations allowed outside of downtown, allowing a wide variety of commercial uses. However, the Property is currently constrained by a conditional overlay limiting the height to 40 ft., which hampers its ability to deliver on mixed-use growth through one of the city’s affordable housing bonus programs. • Primarily surrounded by areas designated for mixed-use and multifamily, with some nearby properties also designated for single-family. The city has designated most of the surrounding properties for mixed- 06 C14-2026-0008 - 1900 Rosewood Block; District 112 of 13 use zoning (CS-MU-V-CO-NP and CS-CO-MU-NP) and for multifamily zoning (MF-4-NP and MF-3-NP), with some nearby single-family zoning (SF-3-NP) to the northeast of the Property. This land use context is summarized as follows: South: o o East: o West: o North: Rosewood Avenue (beyond that, Multifamily and Mixed-Use) Mixed-Use and Poquito Street (beyond that, Mixed-Use and Single-Family) Chicon Street (beyond that, Multifamily and Civic) Alleyway (beyond that, Mixed-Use and Multifamily) Case Rationale The Owners request that the city rezone the Property to remove the conditional overlay limit on height (while maintaining the limits on more intensive commercial uses) and to apply the DB90 combining district. We believe that this request is appropriate for the following reasons: • • • This request will update the zoning for the Property to support the city’s housing goals. Council established the 40-ft. height limit for the Property over two decades ago, in 2002. Today, the city’s needs have changed meaningfully. This request recognizes that by removing the 40-ft. height limit and by making the Property eligible for two city-run affordability bonus programs that require on-site, income-restricted housing (VMU and DB90). This request will support the city’s transit goals by allowing for increased housing on an underutilized Property that is along the Transit Priority Network with direct access to three bus routes and within a 10- minute walk of a fourth bus route. This request is consistent with the surrounding zoning and the Future Land Use Map. As noted, the Property is primarily bounded by properties designated for mixed-use and multifamily zoning districts and for mixed-use and multifamily Future Land Use Map categories. Conclusion We believe that our request for CS-MU-V-CO-DB90-NP zoning and for eliminating the 40-ft. height limit are appropriate, consistent with the land-use context in the area, and would help support the city’s housing and transit goals – and would do so without demolishing residential buildings or displacing existing residents. I appreciate your consideration and am available if you have questions or if you would like to discuss this case further. Respectfully, Michael J. Whellan 4900-6441-4842, v. 3 06 C14-2026-0008 - 1900 Rosewood Block; District 113 of 13