02 C14-2021-0123 - 7900 South Congress; District 2.pdf

Zoning and Platting Commission – Dec. 6, 2022

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ZONING CHANGE REVIEW SHEET CASE: C14-2021-0123 – 7900 South Congress ZONING FROM: DR; NO-CO TO: GR-MU-V-CO for Tract 1; DISTRICT: 2 CS-MU-V-CO for Tract 2, as amended ADDRESSES: 7809 Peaceful Hill Lane; 7713 and 7715 and Byrdhill Ln; 7604, 7900 and 7900 1/2 South Congress Avenue SITE AREA: 43.033 acres total Tract 1 – 11.844 acres; Tract 2 – 31.189 acres PROPERTY OWNERS: Agape Christian Ministries Austin, Inc. (Lawrence A. Wilkerson) – Tract 1 RDO Properties, LLC (Ron and Denise Ormand) – Tract 2 AGENT: Husch Blackwell (Nikelle Meade) CASE MANAGER: Wendy Rhoades (512-974-7719, wendy.rhoades@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant community commercial – mixed use – vertical mixed use building – conditional overlay (GR-MU-V-CO) combining district zoning for Tract 1 and general commercial services – mixed use – vertical mixed use building – conditional overlay (CS-MU-V-CO) combining district zoning for Tract 2. The Conditional Overlay is for the following items: 1) requires a 30-foot wide vegetative buffer along the western property line of Tract 1 (Peaceful Hill Lane); 2) prohibits vehicular access to Peaceful Hill Lane from Tract 1, except for the portion that will be dedicated as public right-of-way for the extension of Foremost Drive; 3) prohibits the following uses on Tract 1: Alternative financial services, Automotive rentals, Automotive repair services, Automotive sales, Automotive washing (of any type), Bail bond services, Business or trade school, Business support services, Drop-off recycling collection facility, Exterminating services, Food preparation, Funeral services, Hospital services (general), Hotel-motel, Indoor entertainment, Indoor sports and recreation, Outdoor entertainment, Outdoor sports and recreation, Pawn shop services, Research services, Service station, and Theater; 4) establishes the following conditional uses on Tract 1: Community recreation (private), Community recreation (public), Custom manufacturing, Medical offices (exceeding 5,000 square feet of gross floor area), and Hospital services (limited); 5) establishes that no more than 50 percent of all building facades shall be located between 30 feet and 75 feet of the western property line; 1 of 552C14-2021-0123 Page 2 6) requires that at least 20 percent of all building facades shall be located more than 240 feet from the western property line; and 7) prohibits the following uses on Tract 2: alternative financial services, bail bond services, and pawn shop services. For a summary of the basis of Staff’s recommendation, see pages 2-4. The Restrictive Covenant includes all recommendations listed in the Traffic Impact Analysis memo, dated October 6, 2022, as provided in Attachment A. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: December 6, 2022: CITY COUNCIL ACTION: To be determined ORDINANCE NUMBER: ISSUES: On November 8, 2022, the Applicant amended the request for Tract 1 only to GR-MU-V-CO with the CO for a list of prohibited and conditional uses, vehicular access restrictions to Peaceful Hill Lane and treatment of building facades. On October 14, 2022, the Applicant amended the request to include a list of prohibited uses for Tracts 1 and Tract 2. Please see correspondence following Attachment A. The Applicant has met with representatives of Parkridge Gardens HOA and the Peaceful Hill Preservation Association. The Applicant has also contacted the South Austin Neighborhood Alliance (SANA), Onion Creek HOA, and representatives of Highmark Condominiums and Verrado Condominiums. Correspondence received in favor and in opposition to the proposed rezoning is attached at the back of this packet. On January 12, 2022, the Applicant amended the original rezoning application filed in July 2021 to add a scrap and salvage business on South Congress (Tract 2). The amendment increased the size of the rezoning area from 11.844 acres to 43.033 acres and resulted in the requirement for the Applicant to prepare a Traffic Impact Analysis. CASE MANAGER COMMENTS: The rezoning area consists of two distinct tracts totaling 43.033 acres of land connected by a portion of South Boggy Creek which runs along the northern part of the rezoning area. The western 11.844 acres is designated as Tract 1, is undeveloped, fronts on Peaceful Hill Lane and has NO-CO, neighborhood office – conditional overlay since Council approval of two adjoining rezoning cases in 2003. The existing -CO requires a 20-foot wide vegetative buffer along Peaceful Hill Lane, references the conditions of a neighborhood traffic analysis, limits access to Dittmar Road and prohibits certain uses. Please refer to Exhibits B and B-1 – 2003 Rezoning Ordinances. The eastern 31.189 acres is designated as Tract 2, contains a 2 of 552C14-2021-0123 Page 3 scrap and salvage use which has been operational prior to annexation in 1984, takes access to South Congress Avenue and has had DR, development reserve zoning since that time. There are single family residences and attached condominiums across Dittmar Road to the north (SF-3; SF-2; MF-2-CO; RR); a single family residence, office / warehouses, undeveloped land and apartments across South Congress to the east (SF-2; CS; GR; MF-4- CO); outdoor storage and condominiums to the south on Peaceful Hill Lane and recreational vehicle and boat storage to the south on South Congress Avenue (SF-6; SF-6-CO; CS-CO; CS-MU-CO); and single family residences in the Beaconridge II subdivision across Peaceful Hill Lane to the west (SF-2). South Congress Avenue is designated as a Project Connect corridor for the future extension of the proposed Orange Line, and is currently served by two Capital Metro bus routes, including a Metro Rapid Bus Route. Please refer to Exhibits A and A-1 – Zoning Map and Aerial View. The Applicant proposes to rezone Tract 1 which has frontage on Peaceful Hill Lane to the community commercial use – mixed use – vertical mixed use building – conditional overlay (GR-MU-V-CO) and Tract 2 to the general commercial services – mixed use – vertical mixed use building – conditional overlay (CS-MU-V-CO) district to facilitate a cohesive development of the following project: • 1,218 mid-rise multifamily units • 210,000 square feet of general office • 136,000 square feet of shopping center The Applicant’s proposed Conditional Overlay on Tract 1 would establish a 30’ vegetative buffer on Peaceful Hill, prohibit vehicular access to Peaceful Hill (the extension of Foremost Drive would connect to Peaceful Hill, as required by Code), limit uses to those allowed in the LR, neighborhood commercial district, and establish locational criteria for the amount of building facades in proximity to the west property line. On Tract 2, the proposed -CO would prohibit alternative financial services, bail bond services, and pawn shop services. The Applicant’s proposed -CO has been incorporated in the Staff recommendation. The Applicant has also provided a conceptual land use plan and a conceptual park plan, both of which show a 13.5 acre park intended for dedication to the City with private maintenance on the northern half of the property. The park plans also include the restoration of South Boggy Creek. The Applicant has been in discussions with the Parks and Recreation Department about the agreements necessary to codify the parkland arrangement. As depicted on the conceptual plan, the Applicant proposes to create a western extension of Foremost Drive from South Congress through the property to Peaceful Hill Lane. Direct vehicular access from the project is not proposed to West Dittmar Road or Peaceful Hill Lane. The Applicant was required to prepare a traffic impact analysis (TIA) for the proposed project and include a neighborhood traffic analysis (NTA) component for development proposed on Tract 1 which contains the Peaceful Hill frontage. Please refer to Attachment A – Traffic Impact Analysis Memo and the Applicant’s correspondence, Conceptual Plan and Parks Plan. 3 of 552C14-2021-0123 Page 4 BASIS FOR RECOMMENDATION 1. The proposed zoning should be consistent with the purpose statement of the district sought. For Tract 1: The proposed community commercial (GR) district is intended for office and commercial uses serving neighborhood and community needs, including both unified shopping centers and individually developed commercial sites, and typically requiring locations accessible from major traffic ways. The mixed use (MU) combining district is intended to allow for office, retail, commercial and residential uses to be combined in a single development. Vertical mixed use building (V) combining district may be applied in combination with any commercial base zoning district and allows for a combination of office, retail, commercial and residential uses within a vertical mixed use building. The Conditional Overlay (CO) combining district may be applied in combination with any base district. The district is intended to provide flexible and adaptable use or site development regulations by requiring standards tailored to individual properties. For Tract 2: The proposed general commercial services (CS) district zoning is intended for commercial or industrial uses that typically have operating characteristics or traffic service requirements generally incompatible with residential environments. The MU, V and CO combining districts are described above. The property has access to Peaceful Hill Lane both which is classified as Level 2 (collector) street and South Congress Avenue which is classified as a Level 3 (minor arterial) street. 2. The proposed zoning should be consistent with the goals and objectives of the City Council. Zoning should promote the policy of locating retail and more intense zoning near the intersections of arterial roadways or at the intersections of arterials and major collectors. Zoning changes should promote an orderly relationship among land uses. 4. Staff recommends the Applicant’s request for GR-MU-V-CO for Tract 1 and CS-MU-V-CO district zoning with the conditions of the Traffic Impact Analysis based on the following considerations outlined below. For Tract 1, the GR base district is a less intensive commercial zoning district and provides a transition from the proposed CS zoned tract fronting South Congress Avenue and the residential neighborhoods along Peaceful Hill Lane. The -CO prohibits a list of more intensive uses and generally limits land uses to those allowed in the LR, neighborhood commercial district. For Tract 2, land uses along this segment of South Congress Avenue are in transition from undeveloped tracts and heavy commercial / industrial uses to those that include multi-family residences. For example, there are three tracts directly across South Congress Avenue that have been rezoned to the multi-family residence-moderate-high density (MF-4) or the general commercial services – mixed use (CS-MU) district and are currently under 3. 4 of 552C14-2021-0123 Page 5 construction or planned for apartments. Additionally, a supermarket and additional commercial / retail services have been constructed on land south of the South Congress Avenue / Ralph Ablanedo Drive intersection. The property is also located along the South Congress Activity Corridor and extends west to Peaceful Hill Lane. The -MU district allows for the Applicant’s intended construction of a residential, office and commercial development on the property and supports the goals stated in the Imagine Austin Comprehensive Plan and the Strategic Housing Blueprint. The City Council recently approved an amendment to Subchapter E (Design Standards and Mixed Use) relating to Vertical Mixed Use Buildings (Ordinance No. 20220609-080) that will allow for VMU1 and VMU2 buildings to be constructed on South Congress Avenue between Riverside Drive and Ralph Ablanedo Drive. Please refer to Resolution No. 20200807-003 - Project Connect Contract with Voters, Exhibit A: System Plan - Exhibit A- 3. A VMU1 building allows for up to 60 feet (consistent with the height restrictions of the GR and CS base districts). A VMU2 building allows for up to an additional 30 feet in height – 90 feet, provided 15% of the rental units in a building are affordable for a 40-year period (calculated from the date of issuance of a certificate of occupancy) for households earning 60% or less than the Austin-Round Rock Metropolitan Statistical Area median family income ($66,180 is the June 2022 Income Limit for a 4-person household). The proposed development also incorporates a significant amount of area to be dedicated as parkland adjacent to South Boggy Creek, and covers portions of Tracts 1 and 2. The TIA recommends improvements to the South Congress / Foremost Drive intersection including installation of a traffic signal, pedestrian and bicycle elements, and restriping the westbound approach. Improvements to the South Congress / Dittmar Road intersection including installation of a traffic signal, pedestrian and bicycle elements are also recommended. EXISTING ZONING AND LAND USES: LAND USES ZONING NO-CO; DR Site North DR; SF-3; SF- 2; RR; MF-2- CO SF-6; SF-6-CO; CS-CO; CS- MU-CO CS; GR; MF-4- CO DR; SF-2; SF-3 Single family residences in the Beaconridge II subdivision Undeveloped (Tract 1); Scrap and salvage yard (Tract 2) South Boggy Creek (City-owned); Single family residences in the Meadowcreek subdivision; Undeveloped; Attached condominiums Outdoor storage of vehicles and equipment; Condominiums; RV and boat storage; Under construction for apartments Office / warehouses; South Boggy Creek; Undeveloped; Apartments South West East NEIGHBORHOOD PLANNING AREA: Not Applicable TIA / NTA: Is required – Please refer to Attachment A 5 of 552C14-2021-0123 Page 6 SCENIC ROADWAY: No WATERSHED: South Boggy Creek – Suburban CAPITOL VIEW CORRIDOR: No SCHOOLS: An Educational Impact Statement is required. Please refer to Attachment B. Williams Elementary School Bedichek Middle School Crockett High School COMMUNITY REGISTRY LIST: 511 – Austin Neighborhoods Council 742 – Austin Independent School District 1306 – Park Ridge Gardens HOA 1424 – Preservation Austin 1440 – South Boggy Creek Environmental Association 1494 – South Boggy Creek Neighborhood Association 1530 – Friends of Austin Neighborhoods 1531 – South Austin Neighborhood Alliance (SANA) 1550 – Homeless Neighborhood Association 1616 – Neighborhood Empowerment Foundation 1774 – Austin Lost and Found Pets 1787 – Circle S. Ridge Neighborhood Association 1820 – Peaceful Hill Preservation Association AREA CASE HISTORIES: 1228 – Sierra Club, Austin Regional Group 1429 – Go Austin Vamos Austin 78745 627 – Onion Creek HOA 1363 – SEL Texas NUMBER C14-2022-0077 – 220 Ralph Ablanedo Rezoning REQUEST From / To: CS- CO; LI-CO to CS-CO, as amended CITY COUNCIL Apvd CS-CO w/conds of the NTA as Commission recommended, on 1st Rdg. 2nd / 3rd Rdgs scheduled for 12-1- 2022. COMMISSION Apvd CS-CO w/CO for list of prohibited uses, max 35’ building height on the west 35’ of the property (Tract 2), max 50’ building height on the remainder of the property (Tract 1), require a 30’ vegetative buffer on east and west property lines, w/conds of the NTA To Grant SF-6 DR to SF-6 C14-2022-0039 – Peaceful Hill Residential – 7901 Peaceful Hill Ln C14-2011-0141 – Peaceful Hill DR to SF-6 on 9.51 acres To Grant SF-6-CO w/CO for max 60 units Apvd SF-6 as Commission recommended (10-27-2022). Apvd SF-6-CO w/RC as ZAP recommended 6 of 552C14-2021-0123 Page 7 Condominiums – 8107 Peaceful Hill Ln; 501 Hubach Ln CS-CO to CS- MU C14-2018-0091 – SOCO II – 8100, 8102 and 8104 South Congress Avenue DR to CS C14-2008-0100 – South Congress Storage Rezoning – 8008 S Congress Ave C14-2008-0050 – Clark & Southside 13 – 8104 and 8200 S. Congress Ave. DR; RR-CO; SF- 2 to CS w/add’l COs limiting impervious cover to 45% and requiring a minimum 6’ wide sidewalk from Shallot Way to Mairo St (6-6-2013). Apvd CS-MU-CO as ZAP recommended, (11-29-2018). Apvd CS-CO as ZAP recommended, except that automotive washing (of any type), convenience storage and vehicle storage were removed from the prohibited use list (9-25-2008). Approved CS-CO as Commission recommended except for removing convenience storage and vehicle storage use from the prohibited use list (6-18-08). and Restrictive Covenant for the conds of the Neighborhood Traffic Analysis To Grant CS-MU-CO w/CO prohibiting adult-oriented businesses, auto rentals, repair, sales & washing, commercial blood plasma center and pawn shop services To Grant CS-CO w/CO for a list of prohibited uses being auto repair, auto rental, auto sales, auto washing, vehicle storage, convenience storage, commercial blood plasma center, adult-oriented uses, and pawn shop services, 50’ landscape buffer, 100’ building setback adjacent to DR zoned property and 2,000 trips/day. To Grant CS-CO w/ CO for list of prohibited uses being auto-related uses including vehicle storage, convenience storage, commercial blood plasma center, adult businesses and pawn shops; 50’ landscape buffer, 100’ building setback adjacent to DR zoned property & 2,000 trips. To Deny SF-4A C14-05-0034.SH – Peaceful Hill SF-6; W/LO; LI; DR to SF-4A Apvd SF-4A-CO w/CO for: 1) 2,000 7 of 552C14-2021-0123 Page 8 Subdivision – 308 Ralph Ablanedo Dr and 8319 Peaceful Hill Ln trips; 2) prohibit access to Peaceful Hill Ln.; 3) a residential use shall comply with the measures under Section 25-13-44 (Airport Overlay Land Use Table) that achieve a minimum outdoor-to-indoor noise level reduction of 25 decibels; 4) a 30’ rear yard setback shall be established for a residential structure adjacent to a non- residential use or zoning district; and 5) the max height is one story adjacent to Crippen Sheet Metal. Restrictive Covenant for: 1) the Neighborhood Traffic Analysis; 2) construction of a pedestrian accessway to Peaceful Hill Ln; 3) center turn lane along Ralph Ablanedo Dr frontage; 4) 6’ solid masonry wall along property lines that do not abut Ralph Ablanedo Dr on the south and Peaceful Hill Ln on the west, and 5) an 8’ solid fence along the east property line (12-15-2005). Apvd SF-3 (5-6-1999). SF-2 to SF-3 To Grant SF-3 C14-99-0032 – Self Zoning Change – 7707 Peaceful Hill Ln C14-94-0097 – DR to MF-2 Apvd MF-2-CO Apvd MF-2-CO w/CO 8 of 552C14-2021-0123 Pecan Grove Venture II – 7400 S Congress Ave w/conds Page 9 for Tract 1: CO establishes max. 150 units, 100’ buffer along the west property line, prohibit access to Dittmar and Loganberry Court and RR for Tract 2 (5-9-1996). RELATED CASES: The rezoning area was annexed into the City limits in November 1984. Council approved NO-CO for the southern portion of Tract 1 (6.98 acres - 7809 Peaceful Hill Lane) on June 5, 2003 (C14-02-0168 – Agape Christian Ministries). The Conditional Overlay establishes a 20-foot wide vegetative buffer along Peaceful Hill Lane, references the recommendations of the Neighborhood Traffic Analysis, and prohibits certain uses on the property. The northern portion of Tract 1 (4.648 acres - 7715 Byrdhill Lane) was also approved for NO-CO on June 5, 2003with the CO limited to one access point to Dittmar and the recommendations of the Neighborhood Traffic Analysis (C14-02-0169 – Agape Christian Ministries). The DR zoned Tract 2 was the subject of a rezoning request for LI-CO that was recommended for denial by the Zoning and Platting Commission and expired per LDC Section 25-2-246(A)(2) (Expiration of Application) (C14-2011-0160 – Capital City Salvage). EXISTING STREET CHARACTERISTICS: Name Classification Sidewalks Pavement ROW South Congress Avenue West Dittmar Road Peaceful Hill Lane Byrdhill Lane 116’ – 150’ 53’ 60’ 40’ 70’ 20’ 40’ 20’ Yes No No No ASMP Level 3 ASMP Level 2 ASMP Level 2 ASMP Level 1 Bicycle Route Buffered Bike Lane Capital Metro (within ¼ mile) Yes Shared Lane Yes None None Yes No 9 of 552C14-2021-0123 Page 10 ADDITIONAL STAFF COMMENTS: Inclusive Planning GR-MU-V-CO for the original 11.844 acres that takes access to Peaceful Hill Lane (Tract 1), and CS-MU-V-CO for the additional and adjacent 31.189 acres that takes access to South Congress (Tract 2). 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. Name(s) of Activity Center/Activity Corridor/Job Center: Located along the South Congress Activity Corridor Y Mobility and Public Transit: Located within 0.25 miles of public transit stop and/or light rail station. Y Mobility and Bike/Ped Access: Adjoins a public sidewalk, shared path, and/or bike lane. (mostly on S. Congress) Y 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. Y Connectivity and Education: Located within 0.50 miles from a public school or university. Y Connectivity and Healthy Living: Provides or is located within 0.50 miles from a recreation area, park or walking 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.) Y Housing Affordability: Provides a minimum of 10% of units for workforce housing (80% MFI or less) and/or fee in lieu for affordable housing. Y Housing Choice: Expands the number of units and housing choice that suits a variety of household sizes, incomes, and lifestyle needs of a diverse population (ex: apartments, triplex, granny flat, live/work units, cottage homes, and townhomes) in support of Imagine Austin and the Strategic Housing Blueprint. Y 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 particular area or that promotes a new technology, and/or promotes educational opportunities and workforce development training. Industrial Land: Preserves or enhances industrial land. 9 Total Number of “Yes’s” 10 of 552C14-2021-0123 Page 11 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. Impervious Cover The maximum impervious cover allowed by CS-MU-V-CO zoning district is 90%, which is based on the more restrictive watershed regulations. Environmental The site is not located over the Edwards Aquifer Recharge Zone. The site is in the South Boggy Creek Watershed of the Colorado River Basin, which is classified as a Suburban Watershed by Chapter 25-8 of the City's Land Development Code. The site is in the Desired Development Zone. Under current watershed regulations, development or redevelopment on this site will be subject to the following impervious cover limits: Development Classification % of Gross Site Area % of Gross Site Area Single-Family (minimum lot size 5750 sq. ft.) Other Single-Family or Duplex Multifamily Commercial 50% 55% 60% 80% with Transfers 60% 60% 70% 90% According to floodplain maps there is no floodplain within or adjacent to the project location. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. At this time, site specific information is unavailable regarding vegetation, areas of steep slope, or other environmental features such as bluffs, springs, canyon rimrock, caves, sinkholes, and wetlands. Under current watershed regulations, development or redevelopment requires water quality control with increased capture volume and control of the 2-year storm on site. 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 11 of 552C14-2021-0123 Page 12 PARD – Planning & Design Review Parkland dedication will be required at the time of subdivision or site plan application for new residential units, per City Code § 25-1-601, as amended. The proposed development meets the criteria for land dedication in City Code Title 25, Article 14. The intensity of the proposed development creates a need for over six acres of additional parkland, per requirements described in § 25-1-602; when over six acres, parkland must be dedicated – see § 25-1-605 (A)(2)(a). As such, land dedication will be required, as well as any remaining fees in-lieu. The development as proposed will require parkland dedication for the new residential units that will serve the surrounding neighborhood and future residents through the additional park investment. The Parks and Recreation Department (PARD) would consider a connection along South Boggy Creek toward satisfying the requirement at time of permitting (whether subdivision or site plan). Such a connection would improve neighborhood connectivity, and satisfy an acquisition need for the South Boggy Creek Greenbelt, a recommendation identified in the Parks and Recreation Department’s Long Range Plan. It is also identified as a Tier II Urban Trail and continues east of South Congress Avenue to South Boggy Creek trail. Given the critical need for parkland with such a development — see § 25-1-605 (A)(2)(a) — additional land may also be considered for a pocket or neighborhood park facility, as well. The surrounding neighborhood areas are currently park deficient, defined as being outside walking distance to existing parks. The dedication would satisfy the need for additional parks in park deficient areas of Central South Austin, another recommendation in the Parks and Recreation Department’s Long Range Plan. Should there be any remaining fees in-lieu, those fees shall be used toward park investments in the form of land acquisition and/or park amenities within the surrounding area, per the Parkland Dedication Operating Procedures § 14.3.11 and City Code § 25-1-607 (B)(1) & (2). Should the applicant wish to discuss parkland dedication requirements in advance of site plan or subdivision applications, please contact this reviewer: thomas.rowlinson@austintexas.gov. At the applicant’s request, PARD can provide an early determination letter of the requirements as stated in this review. Site Plan and Compatibility Standards Site plans will be required for any new development other than single-family or duplex residential. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. Any development which occurs in an SF-6 or less restrictive zoning district which is located 540 feet or less from property in an SF-5 or more restrictive zoning district will be subject to 12 of 552C14-2021-0123 Page 13 compatibility development regulations. Compatibility compliance will be required along the south and west property lines. • No structure may be built within 25 feet of the property line. • No structure in excess of two stories or 30 feet in height may be constructed within 50 • No structure in excess of three stories or 40 feet in height may be constructed within feet of the property line. 100 feet of the property line. • For a structure more than 100 feet but not more than 300 feet from property zoned SF-5 or more restrictive, height limitation is 40 feet plus one foot for each 10 feet of distance in excess of 100 feet from the property zoned SF-5 or more restrictive. • For a structure more than 300 feet but not more than 540 feet from property zoned SF-5 or more restrictive, height limitation is 60 feet. • An intensive recreational use, including a swimming pool, tennis court, ball court, or playground, may not be constructed 50 feet or less from property in an SF-5 or more restrictive zoning district. Additional design regulations from LDC 25-2-1067 include the following: • Exterior lighting must be hooded or shielded so that the light source is not directly visible from adjacent property: (1) in an urban family residence (SF-5) or more restrictive district (2) on which a use permitted in an SF-5 or more restrictive zoning district is located • The noise level of mechanical equipment may not exceed 70 decibels at the property line. • A permanently placed refuse receptacle, including a dumpster, may not be located 20 feet or less from property: (1) in an SF-5 or more restrictive zoning district; or (2) on which a use permitted in an SF-5 or more restrictive zoning district is located. Austin Transportation Department – Engineering Review A Neighborhood Traffic Analysis is required and has been performed for this project by ATD staff [LDC 25-6-114]. Results are provided in Attachment A. NTA requires three (3) consecutive 24-hour tube counts, preferably on Tuesday, Wednesday, and Thursday, during a non-holiday week when school is in session. Staff will contact the applicant to discuss the location of the tube counts. Results will be provided in a separate memo. A traffic impact analysis is required and has been completed. Additional right-of-way, participation in roadway improvements, or limitations on development intensity may be recommended based on review of the TIA [LDC 25-6-142]. Comments will be provided in a separate memo after TIA has been received. FYI - There is a proposed Urban Trail within this site, along South Boggy Creek. There may be an easement required upon Subdivision or Site Plan application for the trail (12’ minimum 13 of 552C14-2021-0123 Page 14 trail width per the urban trails plan) and room for maintenance activity. This is the same for Tier I and Tier II trails. ASMP Assessment The Austin Strategic Mobility Plan (ASMP) calls for 140 feet of right-of-way for S Congress Ave. Additional right-of-way may be required [LDC 25-6-51 and 25-6-55]. The Austin Strategic Mobility Plan (ASMP) calls for 60’ feet of right-of-way for Dittmar Rd. Additional right-of-way may be required [LDC 25-6-51 and 25-6-55]. The Austin Strategic Mobility Plan (ASMP) calls for 64’ feet of right-of-way for Peaceful Ln. Additional right-of-way may be required [LDC 25-6-51 and 25-6-55]. Per the Austin Strategic Mobility Plan (ASMP), Level 1 streets are all required to have 50 feet of right-of-way in constrained conditions and 60 feet of right of way in greenfield developments. Additional right-of-way may be required for Byrdhill Ln [LDC 25-6-51 and 25-6-55]. Water / Wastewater The landowner intends to serve the site with City of Austin water and wastewater utilities. The landowner, at own expense, will be responsible for providing any water and wastewater utility improvements, offsite main extensions, utility relocations and or abandonments required by the land use. The water and wastewater utility plan must be reviewed and approved by Austin Water for compliance with City criteria and suitability for operation and maintenance. Depending on the development plans submitted, water and or wastewater service extension requests may be required. All water and wastewater construction must be inspected by the City of Austin. The landowner must pay the City inspection fee with the utility construction. The landowner must pay the tap and impact fee once the landowner makes an application for a City of Austin water and wastewater utility tap permit. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: Exhibits A and A-1 – Zoning Map and Aerial View Exhibit A-3 – Resolution No. 20200807-003 – Project Connect Contract with Voters, Exhibit A: System Plan Exhibits B and B-1 – 2003 Zoning Ordinances Attachment A: Traffic Impact Analysis Memo Attachment B: Educational Impact Statement 14 of 552C14-2021-0123 Page 15 Applicant’s correspondence Conceptual Land Use Plan Parks Plan Correspondence Received 15 of 552 R D Y R R E B R E D L E ( ( ( SF-3 ( ( ( SF-3 ( ( ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( SF-3 ( ( SF-3 ( BLACKBERRY DR ( ( ( ( ( ( SF-3 ( ( ( SF-2 ( ( ( ( ( ( ( ( ( ( SF-3 ( ( SF-3 ( ( ( ( UNDEV SF-2 C14-2021-0193 UNDEV 84-456 DR 94-0098 MF-2-CO C14-96-0057 ( S H A D Y W O O ( SF-3 ( ( ( D D R ( R D R A N U L ( ( ( ( ( ( ( ( ( ( R D Y R R E B N A G O L ( SF-2 ( ( ( ( ( ( ( ( ( ( ( ( ( ( LOGANBERRY CT PIPELINE EASEMENT DR MERRICK LN MF-2-CO BRIDGEFORD DR UNDEV 94-0097 RR 94-0097 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! UNDEV ( SF-2 ( ( ( ( ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! SF-6 83-329 ( ( ( ( ( ( ( ( ( SF-2 ( D L O C ( R T S ( ( ( A E R M D ( ( ( ( ( ( SF-2 ( H. WILLIAMS ELEMENTARY SCHOOL R D Y E L L A V E U L B ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ERE LN ( ( SF-2 ( ( ( ( ( ( REEKM C ( ( ( ( ( W D I T T M A R R D ( ( ( ( ( ( ( ( ( ( ( ! ! ! ( ( ( ( ! ! ! ! ! ! ! SF-3 C14-99-0032 = ! ! ( DR ( ! HILL LN ! ! BYR D ! ! NO-CO TRACT 1 C14-02-0168 02-0168 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ( ( ! ( EFUL HILL LN ! ! ! ! C A PE ! ! ! ! ! ! ! ! ( ( ( ( SF-2 ( ( ( ( ! ! ! ! ! ! ! OUTDOOR\STORAGE ! ! ! ! ! ! ! ! ! ! ! ! DR 02-0169 C14-02-0169 ( ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ( ( ( ( ( ( ( ( M AIR ( O S T ( ( ( R ST D ( ( ( SF-2 E R C N O ( ( C A BE SF-2 ( ( ( ( ( ( ( ( ( ! ! ! ( ! ! ! ! ! ! ! ! VIVID S K Y L N A D O P A T H UNDEV V E R R ( DR SF-6-CO C14-2011-0141 ( VIR T U S B N D SF-2 ( SF-2 ( ( ( ( ( SF-4A-CO ( ( ( 86-137 ( ( ( ( ( ( ( ( ( ( ( CELERY LOOP ( ( ( ( ( ( SF-4A-CO ( ( ( ( ( ( ( ( ( C14-05-0034.SH ( ( ( ( ( ( ( ( ( SF-4A-CO ( ( ( ( ( ( LI-CO C14-05-0195 ( ( ( ( ( Y A W T O L L A H S ( ( ( ( ( ( ( ( ( ( ( ( ( POND SF-4A-CO ( ( ( ( SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ± DR TRACT 2 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! AUTO\SALVAGE D E S R L C CIR ! ! ! ! ! ! ! ! ! ! ! ! WHSE ! ! ! ! ! ! ! 2008-0100 ! ! CS-CO ! ! ! C14-2008-0100 RV & BOAT STORAGE CS-MU-CO C14-2018-0091 ( ( ( C14-2008-0050 MF-4-CO MF-4-CO C14-2018-0107 VEHICLE IMPOUND YARD C14-06-0086 ( LI-CO H UBA C H LN 06-0086 LI-CO ZONING Exhibit A ZONING CASE#: C14-2021-0123 GR B E L F A I R T E R ! ! ! ! ! ! ! ! ! SF-2 SP-01-0207C MF-3-CO ( 99-2065 C14-2019-0085 MF-3 APARTMENTS E V A S S E R G N O C S ( SF-2 V E D N U 98 -0 0 33 84-262 E DITTMAR RD LI UNDEV CS 84-124 SF-2 GR SF-3 UNDEV GR FOREM OST DR SP06-0773C C14-2016-0013 UNDEVELOPED 95-0046 95-0048 UNDEV C14-2017-0141 74-56 CHURCH 74-56 UNDEV B D S R V 5 S S IH 3 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 400 ' This product has been produced by the Housing and Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or Created: 10/17/2022 16 of 552Exhibit A - 1 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!=G15G14C14-2021-0123C14-2021-0123C14-02-0168C14-2011-0141C14-2008-0100C14-02-0169C14-2016-0013C14-2018-0091C14-2008-0050C14-99-0032WDITTMARRDSCONGRESSAVEPEACEFULHILLLNCIRCLESRDVIRTUSBNDVIVIDSKYLNLUNARDRFOREMOSTDRLOGANBERRYDRBYRDHILLLNCREEKMERE LNDRNO-COSF-3RRCS-COSF-2DRSF-6-COCSGRSF-2MF-4-COMF-2-COSF-2CS-MU-CODRMF-2-COSF-2SF-3SF-3DRSF-67900 South Congress (formerly known as Byrdhill Rezoning)±This product has been produced by the Housing and Planning Department for the sole purpose of geographicreference. No warranty is made by the City of Austin regarding specific accuracy or completeness.ZONING CASE#:LOCATION:SUBJECT AREA:GRID:MANAGER:C14-2021-01237809 Peaceful Hill Ln;7900 South Congress Ave43.033 AcresG15Wendy RhoadesCreated: 10/10/2022SUBJECT TRACTZONING BOUNDARY!!!!!!PENDING CASECREEK BUFFER0200400100Feet17 of 552?I,JIAVAI INITIAL INVESTMENT I ItYiMiliED-ImIEI[INAO/40? ? Red Line ? Geen Line lillill Potenlial Fulure Extension /©02>00 Od·:0/000000000 0000 00©0000 I,) To Georgetown . I @ ?LEANDER i m QLAKELINE - I ?HOWARD H.•w' j Ln 3·"ey PARMER TECH RIDGE TRANSIT CENTER /&4 BRAKEW,24-im-4 . . Ru,idbelg k li - 0•EliI! RUNDBERG. ."a NORTH LAMAR :Q <? TRANSITCENTER CRESTVIEW ? FED.12?? Ave 3 , I ..2-9...A„D. 43/0 Iii ir ?BROADMOOR/DOMAIN . @.... ? FOUR POINTS . * 0 RUTLAND ? Z ?#CROSSROADS ? OHLEN %, NORTHCROSS ? @ 0,0 8 LOOP 360 0 0 &10 E in m: P.* ALLANDALE NORTH LOOP TEXAS HEALTH COMMISSION KOENIG 4, 0? HIGHLAN 040 * TRIANGLf ??<??? 0 . CLARKSON . LEGEND LIGHT RAIL ? Orange Line ? Blue Line METRORAIL Poten! at Futu re Extension METROBUS METROEXPRESS Curren t Frequent Local Routes Current MetroExpress Fulure Mu'Express ADDITIONAL AVAILABLE SERVICES MetroAcce5s 4. Metro Bike Q CURRENT PARK & RIDE Q PROPOSED PARK & RIDE METRORAPIO Gold Line -==- Enhancert MetroRapid Roule ? CIRCULATOR 11.lili Potential Future Extension Al// TUNNEL 0 © 0 0 1.1 To Hutto 0 4 QU.911;P ? MANOR 'r? . WILDHORSE COLONY PARK ? CENTER ? 9R0 EXPO - 4/ - CENTER IlII?HO DECKER LOYOLA/ JOHNNY MORRIS . L·gj 1/,h 5,holl ? DELCO CENTER lf) SPRINGDALE .? SHOPPING CENTER ? .' WHELESS 4 515:St IN,.mi,..0 C? PHILOMENA WESTMINSTER .. BERKMAN/. ?? MUELLER,?? 40-K '9--"' .):[RVPDORy, 38'/? SI Hu?pi,<il ' U 3 CD .. HEMPHILL ?? PARK ST. DAVID'§ trUT W"j'* AEAST= 0 I...,I¥ UTAL€ST MALL %-Fiy? I @ Ammul-----Aigni. 2 CAP?&O Enlield Rd GokERNMENT CE?-ER RED BUD ?M?k EXPOSITION ? 5™/6™ .&%¥LYN. 5™/6r. & LAM' ....... . ..€5'i .....91 4, 41.2, ?0 "I'll"??Il <? <?",DI:IlliOa< ?"" 1./un + posp„ jl ?, COMAL TRINITY J.iverb t. : GOVALLE ACC EASTVIEW EAST US 183 CAPITOLf 1 ® * A EAST\i* *£ "/?,BUSPLAZA ? ??????? <? ? SPRINGOALE CARTS EAS 1 0 + SQUARE .3 t· REPUBLIC DOWNTOWN STATION PLAZA SALTILLO 57*4/%6 MACC/RAINEYb ? Cesar Chavez SI J • Zil k. P P . toi,q C?iliter I ?gr --1?*M h LAMAR // SQUARE WATERFRONT 1.42'?(de ?, 123 TRAVIS. HEIGHTS soco LAKESHORE 4 OLTORF WEST MENCHACA . ]LTORF < PLEASANT VALLE¥ CESAR CHAVEZ Roy G Gue: i r CO Rive LAKESHORE k,v•i gde .RIVERSID FARO , OLTORF EAST W i ..SQUARE REPUBLIC DOWNTOWN STATION MACC/RAINEYO I To Bastrop @4 MONTOPOLIS ??AUS Basttop Hwy Q ?r· Austin Bergs'rom In termtion at Airport @ 0 i. 4, ..iw,·id·. i o Ben J o While R 1 I ,-1 ef5lly ST ED VARD'S Q SOUTH CON, RESS * TRANSIT C NTER El E STASSNEY \ WILLI. M CANNON 0 © 0 ? 0 0 O et C % Mor '4'f"(6,0 . * BRODIE OAKS 0 le@ ./4.P- ."- BRODIE WESTGATE WESTGATE ? TRANSIT CENTER $ 3 - Stassneyln 0 At l hautt Ali··lin LID 16:11 0 0 ®rN William Cannon Dr CHERRY CREEK @ TANGLEWOOD 0 ?WILDFLOWER 7/30/2020 Map illustrates system plan adopted by Capital Metro Board and given resolution of approval by Austin City Council. ? TODD LN C ST ELMO ? ? Mci<rnike, F al is ./ 9 DOVE SPRINGS ?1WILLIAM CANNON EAST -m-*11-4. SLAUGHTER ?)TRANSIT CENTER Q scuihpa k Ic"duw. ? ?GOODNIGHT 1 <\ To San Marcos @ b QMCKINNEY FALLS Thadon Rd EEE Exhibit A - 3 0 0 To lockhart 0 0 0 . 18 of 552ORDINANCE NO. 030605-31 AN ORDINANCE REZONING AND CHANGING THE ZONING MAP FOR THE PROPERTY LOCATED AT 7809 PEACEFUL HILL LANE FROM DEVELOPMENT RESERVE (DR) DISTRICT TO NEIGHBORHOOD OFFICE- CONDITIONAL OVERLAY (NO-CO) COMBINING DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. The zoning map established by Section 25-2-191 of the City Code is amended to change the base district from development reserve (DR) district to neighborhood office- conditional overlay (NO-CO) combining district on the property described in File C14-02- 0168, as follows: A 6.98 acre tract of land, more or less, out of the William Cannon League Survey No. 19, the tract of land being more particularly described by metes and bounds in Exhibit "A" incorporated into this ordinance, (the "Property") locally known as 7809 Peaceful Hill Lane, in the City of Austin, Travis County, Texas, and generally identified in the map attached as Exhibit "B". PART 2. The Property within the boundaries of the conditional overlay combining district established by this ordinance is subject to the following conditions: 1. A 20-foot wide vegetative buffer shall be provided and maintained along and adjacent to Peaceful Hill Lane. Improvements permitted within the buffer are limited to driveways, drainage, underground utility improvements or those improvements that may be otherwise required by the City of Austin or specifically authorized in this ordinance. 2. Development on the Property is subject to the recommendations contained in the Neighborhood Traffic Analysis memorandum from the Transportation Review Section of the Watershed Protection and Development Review Department, dated April 2, 2003. Page 1 of 2 Exhibit B 19 of 5523. The following uses are prohibited uses of the Property: Bed and breakfast-Group 1 Professional office College and university facilities Congregate living Residential treatment Telecommunications tower-1 Bed and breakfast-Group 2 Software development Community recreation (public) Counseling services Safety services Urban farm Except as specifically restricted under this ordinance, the Property may be developed and used in accordance with the regulations established for the neighborhood office (NO) base district and other applicable requirements of the City Code. PART 3. The Council waives the requirements of Sections 2-2-3 and 2-2-7 of the City Code for this ordinance. PART 4. This ordinance takes effect on June 16, 2003. PASSED AND APPROVED June 5 _, 2003 APPROVED: ATTEST; Gustavo L. Garcia Mayor Shirley A. Brown City Clerk Page 2 of 2 20 of 552UNDEVELOPf MF-2-CO UNDEVELOPED -» M-OWT / / 1 N ji r=40o' SUBJECT TRACT V////////A PENDING CASE CASE MGR: W. WALSH TJ no ZONING &tH-t &L J /3 CASE#:C14-02-0168 ADDRESS: 7809PEACEFUL HILL LANE SUBJECT AREA (acres): 6.373 DATE: °3'QQ INTLS: SM CITY GRID REFERENCE NUMBER G14 21 of 552ORDINANCE NO. 030605-32 AN ORDINANCE REZONING AND CHANGING THE ZONING MAP FOR THE PROPERTY LOCATED AT 7715 BYRDHILL LANE FROM DEVELOPMENT RESERVE (DR) DISTRICT TO NEIGHBORHOOD OFFICE-CONDITIONAL OVERLAY (NO-CO) COMBINING DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. The zoning map established by Section 25-2-191 of the City Code is amended to change the base district from development reserve (DR) district to neighborhood office- conditional overlay (NO-CO) combining district on the property described in File C14-02- 0169, as follows: Tract A, Byrd Subdivision, a subdivision in the City of Austin, Travis County, according to the map or plat of record in Plat Book 76, Page 162, of the Plat Records of Travis County, Texas, and A 3.505 acre tract of land, more or less, out of the William Cannon League Survey No. 19, the tract of land being more particularly described by metes and bounds in Exhibit "A" incorporated into this ordinance, (the "Property") locally known as 7715 Byrdhill Lane, in the City of Austin, Travis County, Texas, and generally identified in the map attached as Exhibit "B". PART 2. The Property within the boundaries of the conditional overlay combining district established by this ordinance is subject to the following conditions: 1. Development on the Property is subject to the recommendations contained in the Neighborhood Traffic Analysis memorandum from the Transportation Review Section of the Watershed Protection and Development Review Department, dated April 2, 2003. 2. Vehicular access from the Property to Dittmar Road shall be from one access point. Exhibit B - 1 Page 1 of 2 22 of 5523. The following uses are prohibited uses of the Property: Bed and breakfast-Group 1 Professional office College and university facilities Congregate living Residential treatment Telecommunications tower-1 Bed and breakfast-Group 2 Software development Community recreation (public) Counseling services Safety services Urban farm Except as specifically restricted under this ordinance, the Property may be developed and used in accordance with the regulations established for the neighborhood office (NO) base district and other applicable requirements of the City Code. PART 3. The Council waives the requirements of Sections 2-2-3 and 2-2-7 of the City Code for this ordinance. PART 4. This ordinance takes effect on June 16, 2003. PASSED AND APPROVED June 5 , 2003 § § § Gustavo L. Garcia Mayor APPROVED: ATTEST Sedora'jqfperson City Attorney Shirley A. Brown City Clerk Page 2 of 2 23 of 552N Rt JRJECT TRACT V////////A ZONING B^-H* P'T O -y CASEMGR: W.WALSH r=4oo' CASE#:C14-02-0169 ADDRESS: 7715 BYRDH1LL LANE SUBJECT AREA (acres): 4.648 LI DATE: °3'05 INTLS: SM GR UNDE CITY GRID REFERENCE NUMBER G15 24 of 552MEMORAN DUM Date: To: CC: October 6, 2022 Kathleen G. Smith, P.E., PTOE (HDR) Nathan Aubert, P.E. (ATD); Joan Minyard EIT (ATD) Reference: Byrdhill Rezoning Transportation Impact Analysis Final Memo C14-2021-0123 Summary of the Transportation Impact Analysis (TIA): The Austin Transportation Department (ATD) has reviewed the “1709 Peaceful Hill Traffic Impact Analysis” dated June 30, 2022 (received June 30, 2022) prepared by HDR Engineering, Inc. The proposed development consists of 1,218 dwelling units of mid-rise multifamily, 209,779 square feet of general office, and 135,541 square feet of shopping center. The site is located on the southwest corner of the intersection of South Congress Avenue and West Dittmar Road in south Austin. Site access will primarily consist of three full-access driveways: one on South Congress Avenue and two on Peaceful Hill Lane. The project is anticipated to be constructed by 2025. Below is a summary of our review findings and recommendations: 1. The applicant shall design and construct the improvements and dedicate the easement identified in Table 2 below as part of the first site development application associated with this zoning case. Improvements to be built by the applicant should be included with the site plan. No temporary certificate of occupancy (TCO) or certificate of occupancy (CO) shall be issued until the construction of the identified improvements is complete. Note: Cost estimates should not be assumed to represent the maximum dollar value of improvements the applicant may be required to construct. 2. Development of this property should not vary from the approved uses or deviate from the approved intensities and estimated traffic generation assumptions within the finalized TIA document, including land uses, trip generation, trip distribution, traffic controls, driveway locations, and other identified conditions. Any change in the assumptions made to the TIA document shall be reviewed by ATD and may require a new or updated TIA/addendum. 3. Approval of this TIA does not grant nor guarantee approval of proposed driveway locations. Driveway locations must still be reviewed and approved by the appropriate City departments. 4. An electronic copy of the final TIA is required to be provided to ATD prior to the issuance of any site development permit. 5. The findings and recommendations of this TIA memorandum remain valid until five (5) years from the date of the traffic counts in the TIA or the date of this memo, whichever comes first, after which a revised TIA or addendum may be required. Attachment A Page 1 of 7 25 of 5526. Street Impact Fee Ordinances 20201220-061 [https://www.austintexas.gov/edims/document.cfm?id=352887] and 20201210- 062 [https://www.austintexas.gov/edims/document.cfm?id=352739] have been adopted by City Council and are effective as of December 21, 2020. The City shall start collecting street impact fees with all building permits issued on or after June 22, 2022. For more information please visit the Street Impact Fee website [austintexas.gov/streetimpactfee]. 7. Any building permit(s) associated with this development issued on or after June 22, 2022, will be subject to the Street Impact Fee (SIF) program. TDS staff shall draft a SIF Offset Agreement for all eligible improvements and, if requested by the applicant, an Allocation Agreement to memorialize how offsets are to be applied throughout the development. The SIF will be calculated and invoiced for each building permit and any required SIF payments shall be made prior to building permit issuance. Assumptions: 1. Driveway access is being proposed on South Congress Avenue and Peaceful Hill Lane. 2. The anticipated buildout year is 2025. 3. The following reductions were applied for this development:  Transportation Demand Management (22% in both AM and PM to all land uses)   Internal Capture (10% in both AM and PM to all land uses) Pass-by (34% in PM to Shopping Center) 4. Based on TxDOT AADT volume data, a two (2.0) percent annual growth rate was assumed to account for the increase in background traffic. 5. The following were identified as background projects expected to generate vehicle trips in addition to the general increase in background traffic: South Congress Apartments (SP-2019-0213C) SoCo II (SP-2019-0061C)   Trip Generation and Land Use Based on the Institute of Transportation Engineers (ITE) Trip Generation Manual (10th Edition), the development will generate approximately 16,206 unadjusted daily vehicles trips at full buildout. Taking into account the trip reductions identified in the previous section, this development is anticipated to generate 12,641 adjusted daily vehicle trips. Table 1 shows the trip generation for the proposed development. Page 2 of 7 26 of 552Table 1 – Trip Generation ITE Code Land Use Size / Unit 24-Hour Two- Way Volume AM Peak Hour PM Peak Hour - Vacant Total Existing Trips 221 710 820 Mid-Rise Multifamily General Office Shopping Center Existing - - Proposed DU SF SF 1,218 209,779 135,541 Total Proposed Trips (Unadjusted) Internal Capture Reduction (10%) Pass-By Reduction (34% in PM to Shopping Center) Transportation Demand Management Reduction (25%) Total Adjusted Trips Transportation Demand Management (TDM) - - 6,636 2,177 7,393 16,206 - - (3,565) 12,641 - - 397 224 220 841 (84) - (165) 591 - - 488 230 680 1,398 (140) (231) (225) 802 The applicant has agreed to provide Transportation Demand Management (TDM) measures to help reduce the number of vehicle trips expected to be generated by the development and in turn was granted a total TDM reduction of 22%. A Sustainable Modes Analysis was included in the TIA which was used to identify existing gaps in the pedestrian, bicycle, and transit system to determine which improvements should be associated with this development. The Sustainable Modes Analysis may also be used by future developments to identify pedestrian, bicycle, and transit needs in the area. By performing the Sustainable Modes Analysis and identifying specific pedestrian, bicycle, and transit infrastructure needs, the applicant was granted a 17% TDM reduction. Additional reductions were granted for the following TDM measures: Showers and Lockers (0.5%)  Bicycle Parking (0.5%)   TDM Coordinator (1%)  TMA Membership (3%) Summary of Recommended Improvements Improvements to Roadway Infrastructure The TIA analyzed a total of nine study intersections: three driveway intersections and six intersections external to the site. Based on the conclusions from this development’s TIA, the following improvements have been identified and committed to by the applicant:   Installation of a traffic signal, construction of associated pedestrian/bicycle improvements, and restriping the westbound approach to provide one left-turn lane and one thru/right- turn shared lane at the intersection of South Congress Avenue and Foremost Drive / Driveway A. Installation of a traffic signal and construction of associated pedestrian/bicycle improvements at the intersection of South Congress Avenue and West Dittmar Road. Page 3 of 7 27 of 552 The applicant proposes extending Foremost Drive through the property to Peaceful Hill Lane. To ensure public access to this new extension, the applicant shall dedicate a public access easement that covers the width of the cross-section from South Congress Avenue to Peaceful Hill Lane. Improvements to Transit This area generally has adequate transit access along South Congress Avenue and is located along the future Orange Line route as part of Project Connect. As a result, no transit-related improvements have been proposed. Improvements to Active Modes (Pedestrian and Bicycle Infrastructure) There currently exists pedestrian and bicycle infrastructure in the area, however there are gaps in connectivity. To improve the active modes transportation network, the following improvements have been identified and committed to by the applicant:  Construction of curb-protected bicycle lanes on the west side of South Congress Avenue along the property frontage. Please coordinate with ATD to determine final design. Table 2 – Summary of Improvements Items Eligible for Street Impact Fee Offset Location Improvement Estimated Cost Developer Requirement South Congress Avenue & Foremost Drive / Driveway A South Congress Avenue & West Dittmar Road Install traffic signal, construct associated pedestrian/bicycle elements, and restripe westbound approach to provide one left-turn lane and one thru/right-turn shared lane Install traffic signal and construct associated pedestrian/bicycle elements South Congress Avenue frontage Construct curb-protected bicycle lane $360,000 Construct with first site plan application associated with zoning case Construct with first site plan application associated with zoning case Construct with first site plan application associated with zoning case Items Not Eligible for Street Impact Fee Offset Foremost Drive extension Dedicate public access easement $118,643 Dedicate with first site plan application associated with zoning case $350,000 $544,223 $1,254,223 $118,643 $1,372,866 Subtotal Subtotal Total Page 4 of 7 28 of 552Neighborhood Traffic Analysis In addition to requiring a TIA, the applicant was also required to provide a Neighborhood Traffic Analysis (NTA) due to the proposed access to Peaceful Hill Lane. The property is currently zoned DR and NO-CO and the proposed zoning is CS-MU-V. The tract proposes access to Peaceful Hill Lane, which is classified as a local collector street with 60 feet of right-of-way, 30 feet of pavement width, on-street parking, and two unstriped travel lanes. Curb and gutter and sidewalk is provided on the west side of the street, however there are no bicycle facilities present. Average 24-hour traffic volumes were collected on Peaceful Hill Lane between June 22 and June 24, 2021. In order to account for the COVID-19 pandemic and school being out of session, an adjustment factor of 1.07 was applied to the collected counts. Based on these collected counts, average daily traffic volume on Peaceful Hill Lane was 779 vehicles per day. Table 3 provides the expected distribution of site trips throughout the study area. Table 3 – Trip Distribution Street Peaceful Hill Lane South Congress Avenue Traffic Distribution by Percent 10% 90% Table 4 represents a breakdown of traffic on Peaceful Hill Lane: existing traffic, proposed site traffic (based on 10% of total adjusted trips from Table 1), total traffic after development, and percentage increase in traffic. Street Peaceful Hill Lane Table 4 – Traffic Summary Proposed New Site Traffic to Roadway 1,264 Existing Traffic (vpd) 779 Overall Traffic 2,043 Percentage Increase in Traffic 162.3% According to Section 25-6-116 of the Land Development Code, streets which have a pavement width of 30 feet to less than 40 feet are considered to be operating at an undesirable traffic level if the average daily traffic volume for such a roadway exceeds 1,800 vehicles per day. Peaceful Hill Lane is currently operating at a desirable level, however it will exceed the 1,800 vehicles per day threshold with the introduction of site traffic. It should be noted that with the extension of Foremost Drive from South Congress Avenue to Peaceful Hill Lane, it is likely that a portion of the existing traffic on Peaceful Hill Lane will divert to this new extension rather than continue through to the Peaceful Hill Lane / West Dittmar Road intersection. Given the recommendations and conclusions from the TIA, no additional improvements have been identified for construction as a result of the NTA. Page 5 of 7 29 of 552If you have any questions or require additional information, please contact me at 512-974-1449. Justin Good, P.E. Austin Transportation Department Page 6 of 7 30 of 552EXHIBIT A SITE LOCATION MAP Page 7 of 7 31 of 552EDUCATIONAL IMPACT STATEMENT Prepared for the City of Austin Austin Independent School District PROJECT NAME: Byrdhill Rezoning ADDRESS/LOCATION CASE #: C14-2021-0123 7890 Peaceful Hill Ln.,7713&7715 Byrdhill Ln.,7604,7900,7900 ½ S. Congress NEW SINGLE FAMILY NEW MULTIFAMILY DEMOLITION OF MULTIFAMILY TAX CREDIT # SF UNITS: STUDENTS PER UNIT ASSUMPTION Elementary School: Middle School: High School: # MF UNITS: 1,800 STUDENTS PER UNIT ASSUMPTION Elementary School: 0.067 Middle School: .007 High School: .027 IMPACT ON SCHOOLS On September 1, 2021 an Educational Impact Statement was submitted to the City of Austin for the same project, however, the number of multi-family units increased from 300 to 1,800 units. The student yield factor of 0.10 (across all grade levels) for apartment homes was used to determine the number of projected students. This was determined by the district’s demographer by looking at similar projects in the area that have been historically low. The proposed 1,800-unit multifamily development is projected to add approximately 182 students across all grade levels to the projected student population. It is estimated that of the 182 students, 120 will be assigned to Williams Elementary School, 13 to Bedichek Middle School, and 49 to Crockett High School. The percent of permanent capacity by enrollment for School Year 2025-26, including the additional students projected with this development, would be within the optimal utilization target range of 85-110% at Williams ES (108%), below the target range at Bedichek MS (62%), and Crockett ECHS (77%). The projected additional students at Bedichek MS and Crockett ECHS would not offset the anticipated decline in student enrollment. TRANSPORTATION IMPACT Students attending Williams ES and Bedichek MS will not qualify for transportation unless a hazardous route condition is identified. Students at Crockett ECHS will qualify for transportation and 1 additional bus will be needed. SAFETY IMPACT There are not any identified safety impacts at this time. Date Prepared: 01.24.2022 Executive Director: [1] Attachment B 32 of 552EDUCATIONAL IMPACT STATEMENT Prepared for the City of Austin Austin Independent School District DATA ANALYSIS WORKSHEET ELEMENTARY SCHOOL: Williams ADDRESS: 500 Mairo St. POPULATION (without mobility rate) ELEMENTARY SCHOOL STUDENTS 2020-21 Population PERMANENT CAPACITY: -4.2% MOBILITY RATE: 561 5- Year Projected Population (without proposed development) 5-Year Projected Population (with proposed development) ENROLLMENT (with mobility rate) ELEMENTARY SCHOOL STUDENTS 2020-21 Enrollment 5- Year Projected Enrollment (without proposed development) 5-Year Projected Enrollment (with proposed development) MIDDLE SCHOOL: Bedichek ADDRESS: 6800 Bill Hughes Road POPULATION (without mobility rate) MIDDLE SCHOOL STUDENTS 2020-21 Population PERMANENT CAPACITY: MOBILITY RATE: -11.9% 941 5- Year Projected Population (without proposed development) 5-Year Projected Population (with proposed development) ENROLLMENT (with mobility rate) MIDDLE SCHOOL STUDENTS 2020-21 Enrollment 5- Year Projected Enrollment (without proposed development) 5-Year Projected Enrollment (with proposed development) Number % of Permanent Capacity Number % of Permanent Capacity Number % of Permanent Capacity Number % of Permanent Capacity 433 77% 415 74% 886 94% 781 83% 619 110% 606 108% 694 74% 582 62% 499 89% 486 87% 681 72% 569 60% [2] 33 of 552EDUCATIONAL IMPACT STATEMENT Prepared for the City of Austin Austin Independent School District PERMANENT CAPACITY: MOBILITY RATE: +8.0% 2,163 5- Year Projected Population (without proposed development) 5-Year Projected Population (with proposed development) HIGH SCHOOL: ADDRESS: 5601 Menchaca Road Crockett POPULATION (without mobility rate) HIGH SCHOOL STUDENTS 2020-21 Population Number % of Permanent Capacity Number % of Permanent Capacity 1,440 67% 1,555 72% ENROLLMENT (with mobility rate) HIGH SCHOOL STUDENTS 2020-21 Enrollment 5- Year Projected Enrollment (without proposed development) 5-Year Projected Enrollment (with proposed development) 1,306 61% 1,661 77% 1,257 58% 1,612 75% [3] 34 of 552 Nikelle Meade Partner 111 Congress Avenue, Suite 1400 Austin, Texas 78701 Direct/Mobile: 512.992.6001 nikelle.meade@huschblackwell.com November 8, 2022 Wendy Rhoades City of Austin Housing and Planning Department 1000 E. 11th Street Austin, Texas 78702 Case No. C14-2021-0123 Re: Update to and Amendment of Zoning Application / 7900 S. Congress -- Zoning Hello Wendy, Thank you for your time yesterday discussing the above-referenced case. Per our discussion, we have the following updates to and clarifications regarding our application: 1. The development will be developed as a single, unified site and development, not as two separate tracts. The Tract 1/Tract 2 designation was created by us only so that the uses on the part of the property closest to Peaceful Hill Lane could be more restrictive than on the rest of the property to alleviate community concerns. 2. The front face of and primary entrance to and exit from the development will be on South Congress, not on Peaceful Hill Lane. All development on the property will orient toward Congress and toward the center of the property where there will be public parkland, public activities, and open space. The development will in no way orient toward or “face” Peaceful Hill Lane. 3. Per discussions with neighbors in the existing homes on Peaceful Hill Lane, we now agree to close all vehicular access from “Tract 1” onto Peaceful Hill Lane. Originally, we proposed a vehicular access on the northwestern corner of the property onto Peaceful Hill. We now agree to remove that vehicular access. 4. We amend our request for the zoning on “Tract 1” to GR-MU-V-CO rather than CS-MU- V-CO, and to make Service Station an additional prohibited use (to be added to our prior list of use restrictions). 5. We agree to the following additional restrictions on all buildings constructed on “Tract 1”: a. No more than 50% of all building façades may be located between 30’ and 75’ of the western property line of the property. HB: 4866-7997-2158.1 35 of 552Wendy Rhoades November 8, 2022 Page 2 property line. b. At least 20% of all building façades must be located 240’ or more from the western 6. The applicant will be entering into an agreement with PARD to - at the applicant’s expense – clean up and improve South Boggy Creek, extend the City’s proposed Tier 2 Urban Trail on the Property along the creek, create a public park at least 13 acres in size, and maintain the improvements within the new public park. 7. The applicant agrees to design and construct Foremost Drive through the property in the mode of Great Streets, with enlarged sidewalks, street trees and street furniture, lighting, and bike lanes to enhance access to the Project Connect Orange Line and overall connectivity in the area. We believe these additional agreements and restrictions further alleviate community concerns about the development. If you have any questions about any of these items, please let me know. Sincerely, Nikelle S. Meade HB: 4866-7997-2158.1 36 of 552Nikelle Meade Partner 111 Congress Avenue, Suite 1400 Austin, Texas 78701 Direct/Mobile: 512.992.6001 October 19, 2022 Wendy Rhoades City of Austin Housing and Planning Department 1000 E. 11th Street Austin, Texas 78702 Dear Wendy: Re: Request to Amend Zoning Application / Zoning Case No. C14-2021-0123 – 7900 S. Congress The purpose of this letter is to formally request some amendments to the above-reference rezoning request. Our requested changes are as follows: 1. Change the name of the project to “7900 S. Congress”. 2. Add the following condition: a 30’ vegetative buffer will be preserved along the portion of the property abutting Peaceful Hill Lane. 3. Add the following condition restricting uses: a. Add the following uses to the uses prohibited on the property: b. Add the following uses to the uses prohibited on Tract 1, which Tract is described and depicted on the attached Exhibit A, as follows: Alternative Financial Services Bail Bond Services Pawn Shop Agricultural sales and services Automotive rentals Automotive repair services Automotive sales Automotive washing (of any type) Building maintenance services Business or trade school Business support services Campground HB: 4882-1628-6521 37 of 552Wendy Rhoades October 19, 2022 Page 2 Commercial blood plasma center Commercial off-street parking Communication services Construction sales and services Convenience storage Drop-off recycling collection facility Electronic prototype assembly Electronic testing Equipment repair services Equipment sales Exterminating services Food preparation Funeral services Hospital services (general) Hotel-motel Indoor Crop Production Indoor entertainment Indoor sports and recreation Kennels Laundry services Limited warehousing and distribution Maintenance and service facilities Monument retail sales Outdoor entertainment Outdoor sports and recreation Recreational Equipment Maintenance & Storage Recreational Equipment Sales Research services Theater Transportation terminal Vehicle storage Veterinary services c. Add the following uses to the uses conditional on Tract 1: Community recreation (private) Community recreation (public) Custom manufacturing Medical offices (exceeding 5,000 square feet of gross floor area) Hospital services (limited) Plant nursery HB: 4882-1628-6521 38 of 552Wendy Rhoades October 19, 2022 Page 3 Let me know if you have any questions or if anything further is needed to make these changes. Thank you. Sincerely, Nikelle S. Meade HB: 4882-1628-6521 39 of 552 40 of 552S. B O G GY CREEK TR AIL WEST DITTMAR ROAD WEST DITTMAR ROAD FLOOD PLAIN TRAILHEAD S. B F L O O O G D P L A I N GY CREEK SOUTH BOGGY CREEK PARK F L O O D P L A N I 30’ LANDSCAPE BUFFER EXISTING TREES TO REMAIN. LANDSCAPE IMPROVEMENTS PROPOSED TREES. - PROPOSED TREES • LIVE OAK • CHERRY LAUREL • EASTERN RED CEDAR • MEXICAN WHITE OAK PEA PEA NE NE CEFUL HILL LA CEFUL HILL LA C W Q Z 4 STORIES 4 STORIES 56’’ A 3 STORIES 3 STORIES 33’-6” 33’-6” 5 STORIES 5 STORIES 60’60’ 4 STORIES 45’-6” SIDE SETBACK SIDE SETBACK RESTAURANT 5 STORIES 60’ B GARAGE 50’ FOREMOST DRIVE OFFICE 5 STORIES 60’ GARAGE 40’ D RETAIL C W Q Z F L O O D P L A I N TRAILHEAD PECAN GROVE RESTAURANT RESTAURANT C W QZ S. BOGGY CREEK TRAIL E V A S S E R G N O C H T U O S 5 STORIES 5 STORIES 60’60’ K C A B T E S E D I S K C A B T E S E D I S COFFEE CC GARAGE 50’ RETAIL RETAIL OFFICE 4 STORIES 60’ RETAIL ROW GARAGE 50’ OFFICE FLOORPLATE 160’ X 80’ LIT INTERSECTION PROTECTED LEFT TURN FOREMOST DRIVE GROSS SITE AREA (ac) MF UNITS OFIICE BLOCK A BLOCK B BLOCK C BLOCK D ROW TOTAL 11.00 10.29 13.62 5.83 2.29 43.66 297 419 400 102 0 0 0 200,000 RETAIL 9,000 8,000 35,000 37,000 STORIES 3 TO 5 5 5 5 1218 200,000 89,000 N 41 of 552HIGHMARK HIGHMARK E N I L E G N A R O PARKLAND IMPROVEMENTS SUMMARY AC. AC. AC. L.F. PARKLAND DEDICATION POCKET PARKS RESTORATION AREAS* HIKE & BIKE TRAIL ±13.5 ±1.8 ±1.9 3,940 * RESTORATION AREAS WILL BE INTENDED FOR ENVIRONMENTAL AND LOW IMPACT USE, SUCH AS EDUCATIONAL SIGNAGE. BEACON BEACON RIDGE RIDGE CHERRY CHERRY LAUREL LAUREL LIVE OAK LIVE OAK 30’ LANDSCAPE BUFFER. EXISTING TREES TO REMAIN. PROPOSED TREES PEACEFUL HILL LANE WEST DITTMAR ROAD TRAILHEAD B O G G 1 Y CREEK 4 6 3 2 2 TRAILHEAD 7 7 5 8 9 7 E U N E V A S S E R G N O C H T U O S VERRADO VERRADO N S. BOGGY CREEK TRAIL TO MCKINNEY FALLS SOUTH BOGGY SOUTH BOGGY CREEK GREENBELT CREEK GREENBELT CENTENNIAL PARK CENTENNIAL PARK ACTIVE OPEN LAWNS RESTORATION AREAS PLAYSCAPE ARTWORK KEY LEGEND: 1 2 3 4 5 6 7 8 9 POCKET PARKS RAIN GARDEN GREAT STREET TRANSITIONAL AREAS EDUCATIONAL SIGNAGE HIKE & BIKE TRAIL W/ LIGHTING TREE HOUSE CAFE ROCK HOP FOREM OST DRIVE 42 of 55243 of 55244 of 55245 of 55246 of 55247 of 552From: To: Subject: Date: Rhoades, Wendy Zoning Case # C14-2021-0123 Sunday, November 27, 2022 12:55:30 AM You don't often get email from mdortiz86@gmail.com. Learn why this is important *** External Email - Exercise Caution *** Zoning Case # C14-2021-0123 Name: Monica Ortiz, Andrew Velis Address: 516 E Slaughter Ln #2203 Date: Nov 27, 2022 I am in favor of Tract 1 & Tract 2 for mixed use development for the above zoning case number. I’ve attached a photo of the zoning map and public hearing info application mailed to us. Thank you, Monica Ortiz CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 48 of 552From: To: Cc: Subject: Date: Rhoades, Wendy Public Hearing Case #: C14-2021-0123 Tuesday, June 28, 2022 7:33:17 PM *** External Email - Exercise Caution *** Dear Wendy Rhoades, Attached are my comments regarding a new zoning proposal in my neighborhood. Thank you for your time and consideration. CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 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