South Central Waterfront Advisory BoardDec. 19, 2022

311 South Congress PUD Briefing — original pdf

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BRIEFING SUMMARY SHEET DEVELOPMENT ASSESSMENT CASE NUMBER: CD-2022-0002 – 311-315 South Congress Planned Unit Development REQUEST: Presentation of a Project Assessment Report for the 311 – 315 South Congress Planned Unit Development, located at 311-315 South Congress Avenue, within the Lady Bird Lake Watershed and the East Bouldin Creek Watershed. DISTRICT AREA: 9 DEPARTMENT COMMENTS: The Applicant has submitted a project assessment for a proposed 0.8143 acre mixed use development to be known as the 311 – 315 South Congress Planned Unit Development (PUD). The proposed development area presently contains an automotive repair services use with 8 servicing positions and a 5,098 square foot, 2-story office building, and has four driveways to South Congress Avenue. The property is within the South River City Citizens Neighborhood Plan Area and is designated as Mixed Use on the Future Land Use Map. The property is also within the South Central Waterfront subdistrict of the Waterfront Overlay and within the South Central Waterfront Vision Framework Plan district boundaries. The property is currently zoned commercial-liquor sales – vertical mixed use building – neighborhood plan (CS-1-V-NP) district. The CS-1 base zoning district has a height limit of 60 feet and exercising the -V option could result in a maximum height of 90 feet. The Applicant’s proposed rezoning request to PUD-NP consists of a project that would include up to 450 high- rise multifamily residential units, 30,000 square feet of general office space, and 7,500 square feet of ground floor, pedestrian-oriented, retail uses. A mix of below grade and above grade structured parking is proposed. The Applicant is also proposing a maximum floor-to-area ratio of 15:1 and a maximum building height of up to 400 feet (36 stories). Vehicular access to the PUD is proposed to occur from South Congress Avenue and the proposed right-of-way extension of Barton Springs Road along the south property line. A transportation impact analysis (TIA) will be required at the time a formal application for PUD-NP district zoning is received by the City. Construction is anticipated to begin in 2024. The Staff has reviewed the Applicant’s PUD zoning proposal and the stated intent is to comply with all of the Tier One and Tier Two requirements, and several of the Tier Two items for a Mixed Use Development as summarized below. The proposed base zoning district for the PUD is the general commercial services (CS) district. • Open Space – an enhanced pedestrian experience along the project frontages, including a publicly-accessible hydration (water bottle) station on the north façade in proximity to the Barton Springs bike lane CD-2022-0002 – 311-315 South Congress PUD Page 2 • Environment / Drainage – treatment of 100% of on-site water quality controls; 1,000 cubic feet of water quality for an off-site area, including a portion of South Congress Avenue; 250 linear feet of off-site storm improvements on South Congress Avenue; native tree species plantings; new street tree plantings of 5.5 caliper inches and 14-feet in height; on-site irrigation of potable water using purple pipe, rainwater capture, and/or condensate capture; installation of 10% or 780 square feet of raised terrace garden planters; solar power generation; utilization of 100% of non-turf plant materials from Environmental Criteria Manual Appendix N – COA Preferred Plant List; and provision of an Integrated Pest Management Plan • Austin Green Builder Program – construct all occupied buildings to achieve a three-star • Art – provision of an art piece on the property or contribution towards the Art in Public rating Places Program • Community Amenities – publicly-accessible hydration station and a plaza-like open space area on the northwest corner, which will contain the art piece identified above, • Transportation – bicycle spaces equal to 230% of Code-required bicycle parking spaces; 6% of overall spaces for electric vehicle charging within the parking garage; on-site showers for tenants and employees • Building Design – exceed the minimum required number of points by achieving a minimum of 10 points, and use of environmentally-friendly building materials such as low carbon concrete • Affordable Housing – a minimum of 10% of the bonus square footage shall be affordable at 60% or below the median family income for a period of 40 years from the date of a certificate of occupancy is issued and eligible for federal housing vouchers. The bonus area square footage would be calculated based on the 60 foot height limit entitled by the CS-1 zoning district. • Accessibility – Additional Americans with Disabilities Act (ADA) accessible residential units onsite exceeding minimum legal requirements • Local Small Business – 2,500 square feet of commercial space for a local business or non-profit entity at an affordable rate (80% of the market rents for similarly sized and located commercial space) for a period of 25 years. At this time, four Code modifications are requested to the Zoning and Transportation sections: • Allow multifamily residence use and cocktail lounge use (maximum of 5,000 square feet) (Section 25-2-491 – Permitted, Conditional, and Prohibited Uses) • Reduce the front and street side yard setbacks from 25 feet to zero (0) feet (Section 25-2- 492 – Site Development Regulations) • Require that the cumulative amount of pedestrian-oriented uses as defined in Section 25- 2-691 (C) (Waterfront Overlay District Uses) shall be a minimum of 75% of the cumulative frontage, excluding driveway openings and other public facilities, including utility vaults, along South Congress Avenue and the future extension of Barton Springs Road (Section 25-2-692(H) – Waterfront Overlay Subdistrict Uses) • Reduce the number of parking spaces (Section 25-6, Appendix A – Tables of Off-Street Parking and Loading Requirements) CD-2022-0002 – 311-315 South Congress PUD Page 3 The Development Assessment originally filed by the Applicant on March 3, 2022 was for an office development with ground floor pedestrian-oriented uses, and did not include a multifamily residential component. On July 28th, the Applicant submitted a revised Development Assessment application that outlines the desire to redevelop the site with a development that includes ground floor pedestrian-oriented uses, with office and residential uses on the upper floors. During the PUD zoning review process, Staff and the Applicant will work on issues further enumerated in the finalized comment report pertaining to affordable housing, environmental benefits, parkland / open space, transportation and streetscape requirements, and other Tier Two amenities. The City’s completed Project Assessment Report was completed on October 10, 2022 and is attached. Additional information is necessary to demonstrate how the PUD would meet the objectives of the City Code, or provide for development standards that achieve equal or greater consistency with the Code. The following exhibits are attached to this report: • Zoning Map and Aerial • Finalized Staff comment report • Applicant’s summary letter • Applicant’s Tier One / Tier Two chart • Applicant’s Land Use Plan, Notes, and Tree Survey and List OWNERS / APPLICANTS: Wesley H. Pearson and Jerry W. Pearson AGENT: Drenner Group, PC (Amanda Swor) ENVIRONMENTAL COMMISSION DATE: October 19, 2022 – Commission members expressed interest in the following topical areas: 1) the proposed Barton Springs extension along the south property line (related to the 305 S. Congress PUD – C814-89-0003.02); 2) additional information about how the project supports the goals of Project Connect; 3) urban beekeeping initiatives and bat collisions related to the proposed building’s height; 4) building construction resilience to severe weather events; 5) increasing the amount of electric vehicle charging stations; 6) additional information about solar powered facilities; 7) consideration of additional tree plantings; 8) clarification of Functional Green measures; clarification of Leadership in Energy and Environmental Design (LEED) rating to be achieved; and 9) recycling of onsite materials including existing cement. CITY COUNCIL MEETING DATE: November 15, 2022 – Council Member Tovo requested that Staff provide a briefing of the Development Assessment to the South Central Waterfront Advisory Board (SCWAB) and encouraged the Applicant to consider a higher affordable housing percentage. Council Member Ellis encouraged the Applicant to be mindful of first floor walkability, bicycle and pedestrian infrastructure, to decrease the number of parking spaces CD-2022-0002 – 311-315 South Congress PUD Page 4 provided onsite, and noted that the current automotive use of the property may result in the need for environmental remediation prior to residential development. SOUTH CENTRAL WATERFRONT ADVISORY BOARD MEETING DATE: December 19, 2022 – ASSIGNED STAFF: Wendy Rhoades e-mail: wendy.rhoades@austintexas.gov DMU P P-NP P-NP T T S S S 1 L-NP PUD-NP LI-PDA-NP PUD-NP CS-1-V-NP P-NP LI-NP PUD-NP B A R T O N S P R I N G S R D CS-1-V-NP E V S A S E R G N O S C CS-1-V-NP CS-1-V-NP CS-1-V-NP H AY W O O D AVE W R I V E R S I D CS-1-V-NP E D R CS-1-NP PUD-NP LI-NP CS-NP P-NP CS-1-V-NP CS-1-NP ± CS-1-V-NP CS-1-V-NP CS-V-NP E R I V E R S I D E D R CS-V-CO-NP UNZ L-NP CS-MU-V-NP CS-1-V-NP CS-V-CO-NP CS-CO-NP SUBJECT TRACT ZONING BOUNDARY DEVELOPMENT ASSESSMENT CASE#: CD-2022-0002 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 " = 287 ' This product has been produced by the Housing and Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or 2F121BONE25A313F61441331123A145B1F21CD-2022-0002P-NPCS-1-NPLI-PDA-NPCS-V-CO-NPPUD-NPUNZCS-1-V-NPCS-1-V-NPCS-MU-V-NPCS-V-NPCS-1-V-NPCS-1-V-NPPUD-NPCS-1-V-NPLI-NPPUD-NPCS-NPCS-1-V-NPCS-1-V-NPCS-1-V-NPL-NPLI-NPHAYWOOD AVEW RIVERSIDE DRE RIVERSIDE DRBARTON SPRINGS RDS CONGRESS AVEJ21Copyright nearmap 2015±This map has been produced by the Communications Technology Management Dept. on behalf of thePlanning Development Review Dept. for the sole purpose of geographic reference. No warranty is madeby the City of Austin regarding specific accuracy or completeness.ZONING CASE#:LOCATION:SUBJECT AREA:GRID:MANAGER:CD-2022-0002311-315 South Congress Avenue.81 AcresJ21WENDY RHOAD1'' = 200'CREEK BUFFERPENDING CASE!!!!!!ZONING BOUNDARYSUBJECT TRACT311-315 South Congress Avenue COMMENT REPORT PHONE #: 512-974-7719 CASE NUMBER: CD-2022-0002 CASE MANAGER: Wendy Rhoades PROJECT NAME: 311 – 315 South Congress PUD SUBMITTAL DATE: April 6, 2022 REPORT DUE DATE: May 16, 2022; Application updated on July 28, 2022 FINAL REPORT DATE: October 10, 2022 REPORT LATE: 73 BUSINESS DAYS LOCATION: 311 – 315 South Congress Avenue STAFF REVIEW:  This report includes all comments received to date concerning your proposed Planned Unit Development.  PLEASE NOTE: IF YOU HAVE ANY QUESTIONS, PROBLEMS, CONCERNS OR IF YOU REQUIRE ADDITIONAL INFORMATION ABOUT THIS REPORT, PLEASE DO NOT HESITATE TO CONTACT YOUR CASE MANAGER (referenced above) at the CITY OF AUSTIN, HOUSING AND PLANNING DEPARTMENT, 1000 East 11th Street, 3RD Floor, AUSTIN, TX 78704. REPORT:  The attached comment report identifies those requirements that must be addressed by the PUD application in order to obtain approval. This report may also contain recommendations for you to consider, which are not requirements.  ADDITIONAL REQUIREMENTS AND RECOMMENDATIONS MAY BE GENERATED AS A RESULT OF INFORMATION OR DESIGN CHANGES PROVIDED IN YOUR PUD SUBMITTAL. South Central Waterfront Compliance Review - Greg Dutton 512-974-3509 Updated comments: South Central Waterfront (SCW) Vision Framework Plan The 0.8064 acre property is located within the South Central Waterfront (SCW) Vision Framework Plan district boundaries. The property is envisioned in the SCW Vision Framework Plan to be eligible for additional entitlements through the regulating plan (can opt-in), with a test scenario height bonus up to 100’ in total height. The applicant is requesting to rezone this property from CS-1-V-NP to PUD-NP to allow for: • Floor area ratio up to 15:1 CD-2022-0002 – 311 - 315 South Congress PUD Page 2 • 30,000 square feet of General Office use; 7,500 square feet of ground floor pedestrian- oriented uses; 450 residential units • Building height up to 400’ • Prohibit certain uses otherwise allowed in the CS base district The provision of affordable housing equal to 10% of the bonus area square footage supports the SCW Vision Framework Plan goal to provide affordable units in the district, albeit at a lower set aside than the Vision plan’s 20%. Ground floor pedestrian uses and the elimination of certain CS uses in the proposed PUD, particularly auto-oriented uses, support the overall goals of the SCW Vision Framework Plan to create a vibrant, mixed-use environment that is more pedestrian- friendly. In addition, the project proposals to have no surface parking (structured only), streetscape improvements, and green building standards comply with the spirit of the SCW Vision Framework Plan. Although the additional entitlement request for height exceeds the scenario height imagined in the SCW Vision Framework Plan, the project is in conceptual alignment with the plan, and the additional requested FAR will generate estimated $3M-plus in fees-in-lieu for parkland dedication. Based on the information above, staff believes that the proposed zoning change request is supported by the SCW Vision Framework Plan. Drainage Engineering Review - Joydeep Goswami - 512-974-3568 Release of this application does not constitute a verification of all data, information, and calculations supplied by the applicant. The engineer of record is solely responsible for the completeness, accuracy, and adequacy of his/her submittal, whether or not the application is reviewed for code compliance by city engineers. DE1. It is understood that no deviations to code/criteria related to Drainage Engineering review per LDC 25-7 and the Drainage Criteria Manual are proposed with this application. DE2. Demonstration of drainage requirements per LDC 25-7-61 will be required with the formal review of development applications for the subject site. Dev Assessment – Electric - Andrea Katz - 512-322-6957 This site will be served by downtown network. Please contact Rudy Vela at Rudy.Vela@austinenergy.com or 512-505-7650 to discuss. Note that 15’ radial clearance must be maintained from the outside conductor of any overhead line to buildings/permanent structures. CD-2022-0002 – 311 - 315 South Congress PUD Page 3 City Arborist Review - Jim Dymkowski - 512-974-2772 FYI—ADDITIONAL COMMENTS MAY BE GENERATED WHEN THE REQUESTED INFORMATION HAS BEEN PROVIDED. CA 1 The current PUD development amendment does not indicate any modification to LDC SUBCHAPTER B. - TREE AND NATURAL AREA PROTECTION; ENDANGERED SPECIES. ARTICLE 1. - TREE AND NATURAL AREA PROTECTION. Please confirm. CA 2 To achieve compliance with Tier 1 requirement 2.3.1 H, the PUD amendment would need to exceed the minimum landscape requirement. Please clarify specifically how the PUD will exceed the landscape requirement for tree plantings? The proposed use of native species is a separate superiority Section 2.4. How will the PUD exceeding the landscape and tree planting requirements for trees for these two sections? CA 3 Please provide an exhibit to clarify how the PUD will complete its side of the street section of the new Barton Springs Extension to assure the trees and planting area envisioned by the South Central Waterfront plan will be completed. CA 4 In this same Tier 2 section 2, the PUD is not proposing to meet the heritage, protected, and all other native tree preservation percentages as required for a PUD. For overall tree preservation within the PUD, staff would request that the PUD attempt to exceed, but at least commit to meet the intent of the SCW plan and the latest working draft of the regulating plan. Or provide a tree assessment report from a qualified third party arborist to explain why this superiority is not being pursed and requested. CA 5 Please clarify the tree survey as Tree 5005, a 33” Arizona ash. The City has previously issued a dead diseased imminent hazard tree permit for its removal. Environmental Office - Leslie Lilly Re-review on 8-26-2022 did not result in any new comments. Applicant proposed superiorities: • 3-Star Green Building • 1000 cubic feet of offsite water quality treatment with Green Stormwater Infrastructure (rain gardens) • All onsite irrigation will be reclaimed, rainwater captured and/or condensate captured. CD-2022-0002 – 311 - 315 South Congress PUD Page 4 • Roof top solar panels and solar power generation will be incorporated into building • Compliant with LEED pilot Bird Collision Deterrence credit by reducing glass design reflectivity less than 15% EO1 Consider incorporating GSI for onsite water quality controls. EO2 The exterior lighting system is mentioned in PUD Note Environmental 18., but there is no mention of it in the superiority table. Provide detailed information on how the project will enhance City of Austin Dark Sky regulations. EO3 Provide more detail about the innovative native plant landscaping and/or rooftop EO4 Provide more detail about the project’s contribution to biodiversity through the urban installations. beekeeping initiative. EO5 Provide more detail about the offsite drainage improvement. To receive credit for this as a superiority item, the Environmental Office will coordinate with the Water Quality reviewer to confirm the credit. EO6 Please include a list of the code modifications that will be requested in this PUD. FYI, Please coordinate with this reviewer for a briefing at an upcoming Environmental Commission Meeting (Leslie.lilly@austintexas.gov). Environmental Review - Pamela Abee-Taulli - 512-974-1879 Pamela.abee-taulli@austintexas.gov EV 1 Clarify whether code modifications are going to be proposed. I did not see any with this submittal. EV 2 Number the items in the superiority table for easy reference. EV 3 The items in the superiority table need to be stated with quantifiable metrics and well- defined terms. For example, both of these items sound great, but they are stated in a way that could not be reviewed for or inspected. • Project shall utilize methods to support local Austin biodiversity through innovative native plant landscaping and/or rooftop installations. • Solar power generation will be incorporated into the building design. The project will also contribute to biodiversity through urban beekeeping initiative. CD-2022-0002 – 311 - 315 South Congress PUD Page 5 EV 4 Using trees from the ECM Appendix F list and plants from the Grow Green Guide is now standard practice. Therefore, these items do not carry as much weight as they did when the Tier Two list was first instituted. EV 5 I would like to encourage use of the Functional Green scoring system as a way to demonstrate superiority for landscape. I can provide you with the necessary tables and calculator if you are interested. Fire Review - Tom Migl - 512-974-0164 No objection to the information provided. Dev Assessment - Flood Plain Review - Katina Bohrer - 512-974-3558 Reviewer notes: location is the current Firestone and property to the south by the Statesman (though it looks like only the Firestone is going to be affected per the plan set provided). Site is not located within the COA 100-yr regulatory floodplain. Application mentions proposed underground parking garage space. No comments at this time. Affordable Housing - Nathan Jones - 512-974-3462 Please provide additional detail concerning the proposal to provide additional affordable housing benefits offsite with the PUD application. Dev Assessment - Industrial Waste - Michael Carolan - 512-972-1060 IW1 – In the interest of providing general guidance about compliance with Industrial Waste requirements that will be reviewed as a part of the Site Development process: • Correctly showing and identify all existing plumbing structures, including any pretreatment devices, water services, wastewater services, and all private plumbing will be expected. Plans should specify the disposition of each existing plumbing item shown (i.e. existing to remain, existing to be abandoned in place, or existing to be removed). • §15-10-142 of the Austin City Code forbids the discharge of non-flow measured wastewater to the sanitary sewer for any site discharging or proposing to discharge PARD / Planning & Design Review- Thomas Rowlinson-512-974-9372 CD-2022-0002 – 311 - 315 South Congress PUD Page 6 industrial wastewater to the City of Austin's sanitary sewer system. Therefore, no more than one sewer tap should be used at the site for each water meter to be used. When more than one water meter supplies water to a site, the wastewater generated should combine at one location with a dedicated sample port prior to mixing with wastewater from another water meter. Updated Comments 1. Is the applicant proposing any additional modifications to the Waterfront Overlay requirements beyond extending the pedestrian-oriented uses? Additional modifications that reduce or otherwise compromise the intent of the waterfront overlay requirements are not supported by PARD. 2. Is the applicant intending to achieve parkland dedication superiority? Currently, the application only seems to comply with current code. Locking in fees for parkland dedication per a PUD ordinance is not recommended. Contact reviewer to discuss: thomas.rowlinson@austintexas.gov. 3. PARD does not support the reduction or elimination of the PUD open space requirements. While they are not parkland requirements, the open space may still be required. Please demonstrate how the open space is infeasible and other community benefits will be provided instead. 4. Please describe how the property furthers the South Central Waterfront Vision Plan’s parks and open space. Site Plan - Christine Barton-Holmes - 512-974-2788 SP 1 Please clarify if cocktail lounges under 5000 sf are to be permitted by right, and if cocktail lounges over 5000 sf are conditional, or prohibited. SP 2 Clarify how Article 2, Subchapter E is not applicable, as indicated in the Superiority Table. Will design standards be proposed in lieu? They are not mentioned on the Land Use Plan. SP 3 As described, the project appears to provide a pedestrian-oriented first floor per 2.3.2.D but the Superiority Table says this section is NA. Please clarify. Subdivision - Steve Hopkins - 512-974-3175 No changes to LDC Chapter 25-4 “Subdivision” are proposed. No comments unless changes to that chapter are proposed. CD-2022-0002 – 311 - 315 South Congress PUD Page 7 ATD Engineering Review - Bryan Golden - 512-974-2426 Updated comments: No changes to the original comments submitted in April, however reiterating that ATD will be requiring a TIA at the time of formal PUD submittal. (Tier 1 Criteria) ATD 1. All PUDs must provide for appropriate transportation and mass transit connections to areas adjacent to the PUD district and mitigation of adverse cumulative transportation impacts with sidewalks, trails, and roadways. a. Indicate that the site will be subject to a Transportation Impact Analysis and all the corresponding recommendations that follow in the final TIA memo. (Tier 2 Criteria: for determining the extent to which development proposed for a PUD district would be superior to that which would occur under conventional zoning and subdivision regulations.) ATD 2. ATD recommends that the PUD adopt the streetscape standards for S. Congress Avenue and Barton Springs Road as specified in the South Central Waterfront Plan. ATD 3. Provides bicycle facilities that connect to existing or planned bicycle routes or provides other multi-modal transportation features not required by code. ATD 4. In a commercial or mixed-use development, at least 75 percent of the building frontage of all parking structures is designed for pedestrian-oriented uses as defined in Section 25-2-691(C). ATD 5. Provide for accessibility for persons with disabilities to a degree exceeding applicable legal requirements. ATD 6. Add a note that all loading and trash facilities will be provided on site and any maneuvering within the ROW shall be prohibited. ATD 7. Please clarify why this mixed-use PUD is not subject to Tier I requirements in regard to 2.3.2.A. (Compliance with Chapter 25-2 Subchapter E). ATD 8. Please clarify why this mixed-use PUD is not subject to Tier I requirements in regard to 2.3.2.B (compliance with Core Transit Corridor Sidewalk and Building Placement). CD-2022-0002 – 311 - 315 South Congress PUD Page 8 Water Quality - Joydeep Goswami - 512-974-3568 Release of this application does not constitute a verification of all data, information, and calculations supplied by the applicant. The engineer of record is solely responsible for the completeness, accuracy, and adequacy of his/her submittal, whether or not the application is reviewed for code compliance by city engineers. WQ1. It is understood that no proposed deviations to code/criteria related to Water Quality requirements per LDC 25-8-211 and/or ECM 1.9.2 are proposed with this application. WQ2. Demonstration of water quality requirements per LDC 25-8-211 and ECM 1.9.2 will be required with the formal review of development applications for the subject site. AW Utility Development Services - Virginia Collier - 512-972-0117 AW1. 311-315 South Congress shall build an off-site reclaimed main from the nearest, existing or planned, point of intersection of the reclaimed system to the development. Any site development permit application within 311-315 South Congress must comply with the City’s mandatory connection requirements for Commercial/Multi-family developments located in proximity to a reclaimed water distribution line and shall not be used for irrigation within water quality controls or other prohibited areas. All buildings within 311-315 South Congress shall use alternate water sources (AC condensate, foundation drain water, rainwater, stormwater etc.) to meet all non-potable uses such as irrigation, cooling and toilet/urinal flushing applications within the development not met by reclaimed water. Zoning Review - Wendy Rhoades - 512-974-7719 ZN 1. Please identify all addresses individually on the PUD zoning application, rather than a range. Is the property addressed as 311 and 315 South Congress Avenue? Or is it 311, 313, and 315 South Congress Avenue, or some other variation? This will be of benefit during the public notification process. ZN 2. Staff has received advice that guidance services and residential treatment should not be prohibited uses of the Property because it could be viewed as discriminating against those suffering from a medical condition. ZN 3. Add proposed Land Use Summary table that includes proposed uses (residential, office, and ground floor pedestrian-oriented use) and corresponding square footages to the Land Use Plan. ZN 4. Staff is still considering the proposal for a maximum of 400 foot building and a FAR of 15 : 1 as it relates to the Applicant’s proposed superiority items. CD-2022-0002 – 311 - 315 South Congress PUD Page 9 ZN 5. Tier II (Art) – If a public art plan is proposed, please identify the potential location(s) on an exhibit to be included in the PUD application. Review by the Art in Public Places staff at the Economic Development Department will be necessary with the PUD submittal. ZN 6. Tier II (Community Amenities) – More specific information about the proposed size and location of the community amenity space and corresponding parking area will be necessary with the PUD application. ZN 7. Tier II (Local Small Business) – More specific information is needed with the PUD application about the proposed location of the commercial space for a local business or non- profit with the PUD submittal. Please clarify that this is different from the community amenity space referenced above. ZN 8. Contact Zoning Case Manager for a staff review distribution list prior to submittal of PUD. July 27, 2022 Via Electronic Delivery Amanda Swor direct dial: (512) 807-2904 aswor@drennergroup.com Ms. Rosie Truelove Housing and Planning Department City of Austin Street Jones Building 1000 E. 11th St, Ste 200 Austin, TX 78702 Re: 311-315 South Congress PUD – Development Assessment (CD-2022-0002) for the 0.8143-acre piece of property located at 311-315 South Congress Avenue, Austin, Travis County, Texas (the “Property”) Dear Ms. Truelove: As representatives of the owner of the Property, we respectfully submit the enclosed revised development assessment application package for the 311-315 South Congress PUD project, located at 311-315 South Congress Avenue. A development assessment application was initially submitted for the Property on March 3, 2022 and assigned City of Austin case number CD-2022-0002. The owners still intend to request the rezoning of the Property from CS-1-V-NP, Commercial – Liquor Sales – Vertical Mixed Use – Neighborhood Plan, to PUD, Planned Unit Development. The purpose of this letter is to amend the uses and site development regulations from the initial submittal on March 3, 2022. This request shall amend the primary use of the Project from office to residential and modify some proposed site development regulations. The proposed project will now contain approximately 475,000 square feet of multifamily residential space for approximately 450 units, 30,000 square feet of office space and 7,500 square feet of ground floor pedestrian-oriented uses. A Traffic Impact Analysis (TIA) will be waived for the PUD with the note that the applicant has agreed to perform a Zoning Transportation Analysis, as indicated in the attached TIA Determination Form executed by Justin Good, P.E. dated July 21, 2022. Revised exhibits include the Land Use Plan and Superiority Chart. The PUD is located in the South Shore Central District of the Waterfront Overlay and will still substantially comply with the Waterfront Overlay regulations; the modifications proposed are minor in nature and will not impact the superior project developed in close proximity to Lady Bird Lake. The proposed PUD is also located within the South River City Neighborhood Planning Area with a Future Land Use Map (“FLUM”) designation of “Mixed Use;” therefore, a Neighborhood Plan Amendment will not be required. The PUD proposes to maintain the existing CS base district as the baseline for the PUD. As described in the attached superiority chart, the proposed PUD meets or exceeds all applicable Tier I and Tier II requirements as defined in the Land Development Code, thus resulting in a superior development that could not be achieved with conventional zoning. Please let me know if you or your team members require additional information or have any questions. Thank you for your time and attention to this project. Very truly yours, Amanda Swor Jerry Rusthoven, Housing and Planning Department (via electronic delivery) Joi Harden, Housing and Planning Department (via electronic delivery) Wendy Rhoades, Housing and Planning Department (via electronic delivery) -2- cc: 311-315 S Congress PUD Tier 1 & Tier 2 Compliance Updated July 26, 2022 Tier I Requirement Compliance Superiority 2.3.1.A. Meet the objectives of the City Code. 2.3.1.B. Provide for development standards that achieve equal or greater consistency with the goals in Section 1.1 than development under the Land the Development Code. regulations in The project is located within the City of Austin’s Desired Development Zone as well as within the Urban Core. The project is situated along South Congress Avenue which is designated as a City of Austin Core Transit Corridor and also designated as an Activity Corridor under the City of Austin Imagine Austin Comprehensive Plan. Activity Corridors call for a variety of activities and types of buildings located along the roadways. In addition, the project is located within the South Central Waterfront subdistrict of the Waterfront Overlay. The South Central Waterfront Vision Framework Plan was originally adopted in 2016 with a modified plan adopted in 2020 which focused on the future vision of the South Central Waterfront. The South Central Waterfront Visioning Plan focused on a mix of uses along South Congress. This has been further punctuated by the approval of the 2020 mobility bond that will provide additional transit in the area. This project will create a high-quality development utilizing innovative design. The project will provide for ground floor pedestrian-oriented uses with residential and office space above. The mixed-use nature of the project is consistent with the pedestrian-oriented concept that is core to the Waterfront Overlay Ordinance, the South Shore Central Visioning Plan and the development that was envisioned as part of Imagine Austin, meeting 1 2.3.1.C. Provide a total amount of open space that equals or exceeds 10% of the residential tracts, 15% of the industrial tracts, and 20% of the nonresidential tracts within the PUD, except that: 1. A detention or filtration area is excluded from the calculation unless it is designed and maintained as an amenity, and 2. The required percentage of open space may be reduced for urban property with characteristic that make open space if other community benefits are provided. infeasible 311-315 S Congress PUD Tier 1 & Tier 2 Compliance Updated July 26, 2022 the goal of a “live, work, play” environment along this portion of South Congress. fee-in-lieu contribution In accordance with 2.3.1.C2, for urban properties where the property characteristics make open space infeasible if other community benefits are provided, providing 20% open space is infeasible for this project given its urban location. in The PUD proposes a accordance with the City of Austin Parks and Recreation Department’s current parkland dedication fee schedule to facilitate parks improvements in the area. With the future transit options this project been carefully designed to not let the car be the predominate experience of the site and has situated the building to the supplemental zone to allow for truly pedestrian activated spaces on the ground floor for the increased foot traffic that is expected. In addition, the project is providing all of its parking in a parking structure. Providing 20% open space would create an infeasible footprint. the PARD contribution, to meet the intent, the project is providing an enhanced pedestrian experience along South Congress as well as the future extension of Barton Springs Road. This enhanced area will incorporate a publicly-accessible hydration station on the north façade in visual distance to the Barton Springs bike Therefore, in addition to 2 2.3.1.D. Provide a two-star Austin Energy Green Building Rating. 2.3.1.E. Be consistent with the applicable neighborhood plans, neighborhood conservation combining district regulations, historic area and landmark regulations and compatible with adjacent property and land uses. for Provide 2.3.1.F. environmental preservation and protection relating to air quality, water quality, trees, buffer zones and greenbelt areas, critical environmental features, soils, waterways, topography and the natural and traditional character of the land. 311-315 S Congress PUD Tier 1 & Tier 2 Compliance Updated July 26, 2022 lane. The project will also provide a rooftop amenity space for tenants of the project. The PUD will comply with the City of Austin’s Green Building Program at a 3-star level. the There are not neighborhood conservation combining district regulations, historic area or historic landmark regulations for the property. However, the PUD is located in the Greater South River City neighborhood planning are and is designated as “Mixed-Use” in the Future Land Use Map (FLUM). The proposed residential and office use and associated ground floor retail are consistent with the FLUM designation. Additionally, South Central Waterfront visioning document contemplates a mix of uses along this corridor The PUD will provide for a development that exceeds what would be required under current code. The PUD will achieve a 3-star green builder rating as well as provide for additional water quality capture volume. Development of the project removes an auto shop with no water quality control facilities and removes automotive uses as permitted uses on the property. The existing impervious cover on the Property is 96.7% with no on-site water quality controls. As part of the PUD, 100% of required site water will be treated using on-site water quality methods as opposed 3 311-315 S Congress PUD Tier 1 & Tier 2 Compliance Updated July 26, 2022 to paying the fee-in-lieu of treatment. Rain gardens within the ROW streetscape will treat 1,000 cubic feet of off-site flows from South Congress Avenue. Existing purple pipe reclaimed water lines are located approximately 800-900 feet from the project; the City currently has plans to extend the line to the intersection of Riverside and Congress, approximately 350 feet south of the project. This project will extend the purple pipe approximately 350 from Riverside and Congress to the site and the project will connect to the purple pipe system for commercial uses in the PUD if available. Otherwise, the extension shall be capped and plugged for future connection by others. The project will aim to be compliant with the LEED pilot Bird Collision Deterrence credit in regard to the Bird Collision Threat Rating for reflective glass within the Façade Zone 1 area as defined by LEED. Façade Zone 1 shall not have greater than 15% reflective glass. linear feet LEED defines Façade Zone 1 as the first 36 feet above grade. However, with the design of the Podium, this project will be compliant with the Bird Collision Threat Rating all the way up to the top of the Podium 4 2.3.1.G. Provide for public facilities and services that are adequate to support the proposed development including school, fire protection, emergency service and police facilities. 2.3.1.H. Exceed the minimum landscaping requirements of the City Code. 2.3.1.I. Provide for appropriate transportation and mass to areas transit connections adjacent to the PUD district and mitigation of adverse cumulative transportation impacts with sidewalks, trails and roadways. 311-315 S Congress PUD Tier 1 & Tier 2 Compliance Updated July 26, 2022 urban infrastructure The project will not necessitate the additional City of Austin infrastructure costs associated with suburban development and will provide density to support the proposed improvements proposed by the City. The owner will work with City of Austin emergency services, fire and police facilities to determine that there is adequate support for the project during the development process for this proposed PUD. landscape The PUD will exceed requirements of the City Code and will utilize native and adaptive species as well as non-invasive plants per the City of Austin Grow Green program. the minimum The project is situated within 0.20 miles from the planned Orange Line’s Auditorium Shores Station, and within 0.30 miles from the planned Blue Line’s Waterfront Station. Additionally, there is currently a 13- Dock MetroBike Station at the northwest corner of property along S. Congress Avenue. The site is also less than one block from the Congress Avenue Bridge allowing bicycle and pedestrian access across Lady Bird Lake to Downtown Austin. Lastly, the site is located less than one block from the entrance to the Ann and Roy Butler Hike/Bike Trail. Providing daytime density on this site will support the future transit and provide daytime feet on the street for surrounding businesses 5 2.3.1.J. Prohibit gated roadways 2.3.1.K. Protect, enhance and preserve the areas that include structures or sites that are of architectural, historical, archaeological or cultural significance. 2.3.1.L. Include at least 10 acres of land, unless the property is characterized by special circumstances, including unique topographic constraints. 311-315 S Congress PUD Tier 1 & Tier 2 Compliance Updated July 26, 2022 As part of the PUD, the Project Team shall coordinate with the Austin Transportation Department to better understand the future vision for pedestrian and bicycle infrastructure improvements along S. Congress as well as better understand the future extension of Barton Springs Road by others. The PUD will exceed on-site bicycle parking requirements. The PUD will also provide electric car charging for 6% of total spaces within the onsite parking garage The PUD will not include any gated public roadways. This is not applicable. The site does not contain any structures or sites that are of architectural, historical, archeological or cultural significance. The PUD does not include 10 acres as the property is characterized by special circumstances. The property is located in the South Central Waterfront District of the Waterfront Overlay and within the South Central Waterfront Visioning Framework plan. Under current code, there are no mechanisms to achieve the goals of the visioning framework other than participating in the PUD process. 6 311-315 S Congress PUD Tier 1 & Tier 2 Compliance Updated July 26, 2022 Tier I - Additional PUD Requirements for a mixed use development Compliance Superiority 2.3.2.A. Comply with Chapter 25-2, Subchapter E (Design Standards and Mixed Use) N/A Inside 2.3.2.B. the Urban Roadway boundary depicted in Figure 2, Subchapter E, Chapter 25-2 (Design Standards and Mixed Use), comply with the sidewalk standards in Section 2.2.2, Subchapter E, Chapter 25-2 (Core Transit Corridor Sidewalk and Building Placement). 2.3.2.C. Pay the tenant relocation fee established (Tenant Relocation Assistance – Developer Funded) if approval of the PUD would allow multifamily redevelopment that may result in tenant displacement. 2.3.2.D. Contain pedestrian oriented uses as defined in Section 25-2-691(C) (Waterfront Overlay District Uses) on the first floor of a multi-story commercial or mixed use building. 25-1-715 under N/A N/A N/A 7 311-315 S Congress PUD Tier 1 & Tier 2 Compliance Updated July 26, 2022 2.4 Tier II Requirement Compliance Superiority 2.3.1.A 1. Open Space – Provide open space at least 10% above the requirements of (Minimum Section Requirements). Alternatively, within the Urban Roadway boundary established in Figure 2 of Subchapter E of Chapter 25- 2 (Design Standards and Mixed Use), provide for proportional enhancements to existing or planned trails, parks, or other recreational common open space in consultation with the Director of the Parks and Recreation Department. This project is located within the Urban Roadway boundary and will provide for potential enhancements to existing parks in the area. to The PUD proposes a fee-in-lieu contribution in accordance with the City of Austin Parks and Recreation Department’s current parkland dedication fee schedule to facilitate parks improvements in the area. Utilizing draft fees proposed to be effective October 1, 2023, required parkland dedication fees are $7,026.39 per unit for a high-density residential development. Total parkland dedication fees of total $3,161,875.50, project are estimated assuming 450 units are provided in the PUD. With the future transit options this project been the carefully designed predominate experience of the site and has situated the building to the supplemental zone to allow for truly pedestrian activated spaces on the ground floor for the increased foot traffic that is expected. In addition, the project is providing all of its parking in a parking structure. Providing 20% open space would create an infeasible footprint. Therefore, in addition to the PARD contribution, to meet the intent, the project is providing an enhanced pedestrian experience along South Congress as well as the future extension of Barton Springs Road. This enhanced area will the car be to not let 8 311-315 S Congress PUD Tier 1 & Tier 2 Compliance Updated July 26, 2022 incorporate a publicly-accessible hydration station on the north façade in visual distance to the Barton Springs bike lane. The project will also provide a rooftop amenity space for tenants of the project. 2. Environment: a. Comply with current code instead of asserting entitlement to follow older code provisions by application of law or agreement. b. Provide water quality controls superior to those otherwise required by code. in c. Use green water quality controls as described the Environmental Criteria Manual to treat at least 50 percent of the water quality volume required by code. d. Provide water quality treatment for currently untreated, developed off- site areas of at least 10 acres in size. e. Reduce impervious cover by 5% the maximum otherwise below allowed by code or include off-site The project will not require any exceptions or modifications of environmental regulations and will develop under current code as of the date of the approval of the PUD. 100% of required on-site water quality controls will be treated as opposed to payment of the fee- in-lieu of on-site treatment. 1,000 cubic feet of water quality will be provided for an off-site area, including a portion of Congress Avenue. The project will incorporate approximately 250 linear feet of off-site storm improvements in Congress Avenue. 9 311-315 S Congress PUD Tier 1 & Tier 2 Compliance Updated July 26, 2022 that lower overall measures impervious cover within the same watershed by 5% below that allowed by code. f. Provide minimum 50-foot setback for at least 50 percent of all unclassified waterways with a drainage area of 32 acres. g. Provides volumetric flood detention as described in the Drainage Criteria Manual. h. Provide 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. i. Propose no modifications to the existing 100-year floodplain. j. Use natural channel techniques as described Drainage Criteria Manual. design the in k. Restores riparian vegetation in existing, degraded Critical Water Quality Zone areas. l. Removes existing impervious cover from the Critical Water Quality Zone. m. Preserve all heritage trees; preserve 75% of the caliper inches associated with native protected size trees; and 10 from Appendix F of All required tree plantings shall utilize native tree species selected the Environmental Criteria Manual (Descriptive Categories of Tree Species) and utilize Central Texas native seed stock. All new street trees within the PUD will be a minimum of 5.5 caliper inches and a minimum of 14 feet in height and will contribute to the biodiversity of tree species of the site and this area of South Congress in addition to being of a species the proposed thrive raingardens. that will in - All irrigation on site will be “off grid” of potable water utilizing either purple pipe, rainwater captured on the site and/or condensate capture. All irrigation on site will be “off grid” of potable water utilizing either purple pipe, rainwater captured on the site and/or condensate capture - This project will include several landscape solutions that meet the intent of the pending Functional Green requirements. This will be achieved with the installation of 10% or 780 square feet of raised terrace garden planters to be planted with xeriscape plantings with a focus on pollinator friendly species including: preserve 75% of all the native caliper inches. n. Tree plantings use Central Texas seed stock native with adequate soil volumes. o. Provide at least a 50 percent increase in the minimum waterway and/or critical environmental feature setbacks required by code. p. Clusters impervious cover and disturbed areas in a matter that preserves the most environmentally sensitive areas of the site that are not otherwise protected. q. Provides porous pavement for at least 20 percent or more of all paved areas for non-pedestrian in non- aquifer recharge areas. r. Provides porous pavement for at least 50 percent or more of all paved areas limited to pedestrian use s. Provides rainwater harvesting for landscape irrigation to serve not less than 50% of the landscaped areas. t. Directs stormwater from impervious surfaces to a landscaped area at least equal to the total required landscape area. runoff u. Employs other creative or innovative measures to provide environmental protection. 311-315 S Congress PUD Tier 1 & Tier 2 Compliance Updated July 26, 2022 o Shrubs: Blue Mistflower, White Mistflower, Milkweed, Turkscap, Flame Acanthus, Crossvine, Coralbean, Red Yucca, Texas Lantana, Bee Balm, Misc. Sage Species, Texas Betony, Rock Penstemon o Trees: Desert Willow, Mountain Laurel, Orchid Tree, Redbud Project shall utilize methods to support local Austin biodiversity through innovative native plant landscaping and/or rooftop installations. Solar power generation will be incorporated into the building design. The project will also contribute to biodiversity through urban beekeeping initiative. landscape The PUD will meet or exceed requirements of Subchapter E by providing a diverse mixture of landscaping and utilizing drought-resistant and non-toxic plants. the 100% of all non-turf plant materials shall be selected from the Environmental Criteria Manual Appendix N (City of Austin Preferred Plant List) of the “Grow Green Native and Adaptive Landscape Plants Guide.” integrated pest-management plan will be An provided. 11 311-315 S Congress PUD Tier 1 & Tier 2 Compliance Updated July 26, 2022 3. Austin Green Builder Program – Provides a rating under the Austin Green Builder program of three stars or above. 4. Art – Provides art approved by the Art In Public Places Program in open spaces, either by providing the art directly or by making a contribution to the City’s Art In Public Places Program or a successor program. 5. Great Streets – Complies with City’s Great Streets Program, or a successor program. Applicable only to commercial retail, or mixed-use development that is not subject to the requirements of Chapter 25-2, Subchapter E (Design Standards and Mixed Use) 6. Community Amenities: a. Provides community or public amenities, which may include space for community meetings, day care facilities, As part of the PUD, the project will prohibit uses that may contribute to air or water quality pollutants. The project will participate in the Austin Energy Green Builder program at a 3-star level. Project will include a fully electric design to reduce the carbon footprint. The project will be Fitwell certified. The project shall provide an art piece in a prominent location at the northwest corner of the project, either by providing the art directly or by making a contribution to the City of Austin’s Art in Public Place’s Program. Said art piece may be incorporated into additional aspects of the project including a bus stop or other public use. The project is subject to, and will comply with, the requirements of Subchapter E as modified. Additionally, the Project Team shall coordinate with the Austin Transportation Department to better understand any specific visions for Congress Avenue that would differ from Subchapter E. Any modifications to subchapter E will be reviewed as part of the PUD process and documented accordingly. The project will provide a publicly-accessible hydration station on the north façade in visual distance to the Congress bike lane. The project will also provide a plaza-like open space 12 311-315 S Congress PUD Tier 1 & Tier 2 Compliance Updated July 26, 2022 non-profit organizations, or other uses that fulfill an identified community need. area on the northwest corner of the site which will contain the Art in Public Places piece. b. Provides publicly accessible multiuse trail and greenway along creek or waterway. Not applicable. 7. Transportation – Provides that connect bicycle facilities to existing or planned bicycle routes or provides other multi-modal transportation features not required by code. 13 The project will provide bicycle parking at a level equal to or exceeding 230% code-required bicycle parking spaces. Of the additional spaces, a space will be provided within the building to allow for secure bicycle parking for building tenants. The PUD will also provide 6% of overall spaces as dedicated spaces for electric vehicle charging within the parking garage for use by tenants and employees of the project. The project will be parked below the code minimum requirements. Full parking calculations will be provided at the time of formal PUD application submittal. 8. Building Design – Exceed the minimum points required by the Building Design Options of Section 3.3.2 of Chapter 25-2, Subchapter E (Design Standards and Mixed Use) 311-315 S Congress PUD Tier 1 & Tier 2 Compliance Updated July 26, 2022 On-site showers will be provided for use of tenants and employees of the project; the number of showers provided will be determined at the time of formal PUD application submittal. Loading and trash collection facilities for the PUD shall be locate on-site. Maneuvering for loading and trash facilities shall also be located on-site. Public right-of-way shall not be used for maneuvering. This project will coordinate with the Austin Transportation Department and Capitol Metro during the TIA stage of this process to better understand what transit improvements are needed in this area. Subchapter E requires that every project achieve at least one point from the table in 3.3.2 of the City Code. The project will exceed the minimum required points by achieving a minimum of 10 points. The building will achieve a 3-star Austin Energy rating, at a minimum. The project will purchase renewable electricity and/or renewable energy credits (RECs) from local Texas- based sources. Project will explore pathways to deliver an efficient, operationally net zero carbon building through the utilization of renewable energy 14 9. Parking Structure Frontage – In a commercial or mixed-use development, at least 75% of the building frontage of all for parking structures pedestrian-oriented uses as defined in Section 25-2-691 (C) (Waterfront Overlay District Uses) in ground floor spaces. is designed 10. Affordable Housing – Provides for affordable housing or participation in programs to achieve affordable housing. 311-315 S Congress PUD Tier 1 & Tier 2 Compliance Updated July 26, 2022 and/or renewable energy credits from local Texas based sources. Solar panels will be installed on the roof, to the extent feasible based on final design. Building design will be intentionally environmentally- friendly, utilizing materials such as low carbon concrete and requesting environmental project declarations (EPDs) from suppliers. This project proposes to construct a mix of below grade and above grade structured parking. The PUD will comply with the requirement that a minimum of 75 percent of the cumulative frontage excluding driveway openings and other public facilities, including utility vaults, along South Congress Boulevard and the future extension of Barton Springs Road. The PUD will comply with Section 2.5.2.B.1, Requirements for Exceeding Baseline, of the PUD regulations by providing a minimum of 10% of the bonus area square footage as affordable at 60% or below the median family income for 40 years from the date a certificate of occupancy is issued and eligible for federal housing vouchers. Additionally, the project will work with the City of Austin Housing and Planning Department throughout the PUD process and will providing other affordable housing benefits off-site. 15 311-315 S Congress PUD Tier 1 & Tier 2 Compliance Updated July 26, 2022 Not applicable. 11. Historic Preservation – Preserves historic structures, landmarks, or other features to a degree exceeding applicable legal requirements. 12. Accessibility – Provides for accessibility for persons with disabilities to a degree exceeding applicable legal requirements. rates 13. Local Small Business – Provides space at affordable to one or more independent retail or restaurant small businesses whose principal place of business is within the Austin metropolitan statistical area. The project will provide accessibility for persons with disabilities at a degree that exceeds applicable legal regulations. The project will provide additional ADA- accessible residential units on-site exceeding minimum legal requirements. The project will provide commercial space for local businesses for lease. The project will provide 2,500 square feet of commercial space for a local business or non-profit for lease at an affordable rate for a period of 25 years. 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