B-10 (C14-2020-0031.SH - E MLK Rezoning, District 1) — original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT:1 CASE: C14-2020-0031.SH – E MLK Rezoning ZONING FROM: SF-3-NP TO: MF-6-NP ADDRESS: 5201 East Martin Luther King Jr. Boulevard SITE AREA: 2.64 Acres PROPERTY OWNERS/APPLICANT: 5201 E MLK LP (Ryan Walker) CASE MANAGER: Heather Chaffin (512-974-2122, heather.chaffin@austintexas.gov) STAFF RECOMMENDATION: Staff recommends MF-3-NP. For a summary of the basis of staff’s recommendation, see case manager comments on page 3. PLANNING COMMISSION ACTION / RECOMMENDATION: May 26, 2020: CITY COUNCIL ACTION: June 4, 2020 ORDINANCE NUMBER: AGENT: Thrower Design (Ron Thower) 1 of 11B-10C14-2020-0031.SH 2 ISSUES: No issues at this time. CASE MANAGER COMMENTS: The subject property is located on the south side of East Martin Luther King Jr. Boulevard (E MLK) roughly halfway between Springdale Road and Tannehill Lane. The property is zoned SF-3-NP and is developed with a single family residence. The property is surrounded by SF- 3-NP zoned land to the west, south, and east. The areas to the west and south are developed with a single family residential neighborhood; the property to the east is Blair Woods Nature Preserve, Austin Wildlife Rescue, and Ulit Baptist Church. Further to the west, near the intersection with Springdale Road, are properties zoned GR-MU-NP and GR-NP. These are developed with two single family houses and a range of commercial land uses including limited retail, a gas station, automotive repair, a police substation, and more. Further to the east and south east, closer to the intersection with Tannehill Lane are properties zoned MF-3- CO-NP and GR-CO-NP. These properties contain a senior apartment complex and undeveloped land. Across E MLK to the north and northwest are a single family neighborhood zoned SF-2-NP and an undeveloped property zoned SF-6-NP. The property is designated as Mixed Residential on the Future Land Use Map (FLUM) of the East MLK Combined Neighborhood Plan area, so a plan amendment is not required. This portion of East MLK is designated as an Activity Corridor in the Imagine Austin plan. Elmsgrove Drive is a local residential street that currently stubs out along the southern property line. Austin Transportation Department (ATD) has reviewed the rezoning request and has determined that a connection to or extension of Elmsgrove Drive is not required. Elmsgrove Drive was platted in the 1960s; there are not ATD plans for the extension of the local street. Please see Exhibits A and B—Zoning Map and Aerial Exhibit. The Applicant is proposing MF-6 zoning to allow construction of a 200-unit SMART housing affordable apartment complex. Per Neighbor Housing and Conservation Department (NHCD), the Applicant proposes that half of the 200 units will be available at 50% median family income (MFI) for a minimum term of five years. Please see Exhibit C – SMART Housing Letter. Staff does not support MF-6-NP zoning at this location. The property is surrounded by SF-2- NP and SF-3-NP in all directions. MF-6 zoning is defined in City Code as follows: “Multifamily residence highest density (MF-6) district is the designation for multifamily and group residential use. An MF-6 district designation may be applied to a use in a centrally located area near supporting transportation and commercial facilities, an area adjacent to the central business district or a major institutional or employment center, or an area for which the high density multifamily use is desired.” MF-6 in Austin is typically located along highways and major arterials, near Transit Oriented Development (TOD) areas, and near the UT Campus. The character of these areas is very different than the proposed rezoning. Staff supports multifamily development of the site but proposes MF-3-NP as an alternative. City code defines MF-3 zoning as follows: “Multifamily residence medium density (MF-3) district is the designation for multifamily use with a maximum density of up to 36 units per acre, depending on unit size. An MF-3 district designation may be applied to a use in a multifamily residential 2 of 11B-10C14-2020-0031.SH 3 area located near supporting transportation and commercial facilities in a centrally located area or in an area for which medium density multifamily use is desired.” BASIS OF RECOMMENDATION: 1. Intensive multi-family zoning should be located on major arterials and highways. 2. 3. 4. 5. Zoning changes should promote compatibility with adjacent and nearby uses. Zoning should be consistent with approved and existing residential densities. Granting of the request should result in an equal treatment of similarly situated properties. Zoning changes should promote an orderly relationship among land uses. The subject property is located midblock along East MLK and is surrounded by SF-3-NP and SF-2-NP zoned residential neighborhoods in all directions. More intense zoning categories are in the vicinity but are oriented toward the intersections with Springdale Road and Tannehill Lane. There is a senior multifamily apartment development in the vicinity that is MF-3-CO-NP zoning, and undeveloped SF-6-NP parcels. The proposed MF-6-NP zoning is significantly more intense than the residential properties in the area. As stated previously, City Code states that MF-6 zoning is intended for denser areas. MF-6 in Austin is typically located along highways and major arterials, near Transit Oriented Development (TOD) areas, and near the UT Campus. The character of these areas is very different than the proposed rezoning. EXISTING ZONING AND LAND USES: ZONING SF-3-NP SF-2-NP, SF-6-NP SF-3-NP LAND USES Single family residential Single family residential, Undeveloped Single family residential SF-3-NP, GR-CO-NP, MF-3-CO-NP SF-3-NP, SF-6-NP, GR- NP, GR-MU-NP Nature preserve, Religious assembly, Undeveloped, Multifamily residential Single family residential, Undeveloped, Mixed commercial (Limited Retail, Automotive Repair, etc.) Site North South East West NEIGHBORHOOD PLANNING AREA: East MLK Combined NP Area SCHOOLS: Norman Elementary Martin Middle Northeast Early College TIA: N/A- Deferred to time of site plan WATERSHED: Fort Branch 3 of 11B-10C14-2020-0031.SH 4 NEIGHBORHOOD ORGANIZATIONS: Friends of Northeast Austin Homeless Neighborhood Association Preservation Austin Del Valle Community Coalition East MLK NPCT Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Senate Hills Homeowners Association Pecan Springs/Springdale Hills Neighborhood Association AISD SELTexas Neighbors United for Progress Sierra Club Bike Austin Travis Audubon Society Friends of Northeast Austin East Austin Conservancy AREA CASE HISTORIES: There are no recent cases in the area. EXISTING STREET CHARACTERISTICS: OTHER STAFF COMMENTS: COMPREHENSIVE PLANNING: Connectivity: Public sidewalks are located along both sides of East Martin Luther King Boulevard. Two Cap Metro transit stops are located within 750 feet of the subject property. There are no bike lanes or urban trails located within a quarter of a mile of this site. There mobility options in this area are good, while local neighborhood goods and services in the area are fair. The East MLK Combined Neighborhood Plan (EMLKCNP) The EMLKCNP Future Land Use Map (FLUM) designates this portion of the planning area as ‘Mixed Residential.’ The Mixed Residential Land Use Category supports a variety of different housing types in one area, including single-family residential, townhouses, duplexes, and apartments. Single-family residential should comprise approximately half of a mixed residential area. The following East MLK Plan policies and text are applicable to this request, including text and recommendation taken from the East MLK design guidelines: Ensure compatibility and encourage adjacent land uses to complement each other. The Guidelines may indicate a neighborhood’s preference for increasing or decreasing the occurrence of certain types of land uses. Examples of this are as “encouraging more owner-occupied residential units” or “encouraging more nearby small-scale retail or grocery stores.” Creating easily accessible areas of mixed-use and neighborhood-oriented services can also minimize the need for residents to travel by car to get goods and services needed on a day-today basis. OBJECTIVE 2: Design multi-family residential projects to be compatible with adjacent single-family areas. 4 of 11B-10C14-2020-0031.SH 5  Guideline 2.1: Multi-family buildings less than 100 feet in width on any street-facing side are more in keeping with the scale of the neighborhood. Building facades that express the interior organization of suites or structural bays relate better to the scale of single-family houses.  Guideline 2.2: Multi-family buildings should have the same relationship to the street as single family houses. Landscaped front yards with porches or balconies and a walkway connecting the building to the street sidewalk are neighborhood characteristics. Front doors and windows facing the street encourage neighborliness and enhance security by putting “eyes on the street”. Ground floor suites should have exterior doors facing the street.  Guideline 2.3: Parking lots along the street detract from the pedestrian- oriented character of the neighborhood. Locating parking lots to the side or behind the building or buffering the lot from street view by a fence or hedge, low enough to screen the cars but allows visibility for security, helps to preserve the quality of the streetscape. Planning Policies: Goal One - Preserve established residential areas and improve opportunities for home ownership by promoting the rehabilitation of existing housing and new, infill housing compatible with the existing style of this neighborhood. Objective 1.1: Maintain single-family zoning in established residential areas. Objective 1.2: Promote new infill housing in appropriate locations. Goal Five - Provide housing that helps maintain the social and economic diversity of residents. Objective 5.1: Allow a mix of residential types on larger tracts having access to major roadways. Recommendations: The priority for the Stonegate/Oaklawn area is to promote compatible infill development that will help stabilize the residential areas. Larger properties in the interior of the neighborhood can be developed as small-lot single family, although many of these properties have flood plain issues that need to be addressed. The large, undeveloped properties with access to MLK Blvd should be developed with a mix of residential uses, while allowing mixed use at the intersections with Springdale and Tannehill. Mixed use should also be encouraged on the 12th/Springdale/Webberville triangle, with consistent zoning that encourages more neighborhood-oriented commercial development. Action 44 - Allow mixed residential and small-lot single-family on the large, vacant parcels off of MLK Blvd and Heflin. This proposed rezoning meets some of the neighborhood plan goals and recommendations and does not meet others. Imagine Austin: The Imagine Austin Comprehensive Plan identifies this portion of East Martin Luther King Boulevard as being located along an Activity Corridor. Activity Corridors are characterized by a variety of activities and types of buildings located along the roadway — shopping, restaurants and cafés, parks, schools, single-family houses, apartments, public buildings, houses of worship, mixed-use buildings, and offices. The following Imagine Austin policies are applicable to this case:  LUT P5. Create healthy and family-friendly communities through development that includes a mix of land uses and housing types and affords realistic opportunities for transit, 5 of 11B-10C14-2020-0031.SH 6 bicycle, and pedestrian travel and provides both community gathering spaces, parks and safe outdoor play areas for children.  HN P5. Promote a diversity of land uses throughout Austin to allow a variety of housing types including rental and ownership opportunities for singles, families with and without children, seniors, persons with disabilities, and multigenerational families.  HN P11. Protect neighborhood character by directing growth to areas of change and ensuring context sensitive infill in such locations as designated redevelopment areas, corridors, and infill sites. The Austin Strategic Housing Blueprint, which is an amendment to Imagine Austin, includes goals for affordable housing in every City Council district. Some of these goals include: (1) preventing households from being priced out of the Austin; (2) providing an affordable housing choice; and (3) protecting diverse communities. Because this project: 1) provides much needed affordable housing, 2) partially conforms to the policies of the East MLK Combined Neighborhood Plan, 3) has adequate mobility options (public sidewalks and public transit), and 4) is within walking distance some neighborhood serving goods and services and mobility options, this project generally supports the policies of the Imagine Austin Comprehensive Plan. ENVIRONMENTAL 1. The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Fort Branch Watershed of the Colorado River Basin, which is classified as an Urban Watershed by Chapter 25-8 of the City's Land Development Code. 2. Zoning district impervious cover limits apply in the Urban Watershed classification. 3. According to floodplain maps there is no floodplain within or adjacent to the project location. 4. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. 5. At this time, site specific information is unavailable regarding vegetation, areas of steep slope, or other environmental features such as bluffs, springs, canyon rimrock, caves, sinkholes, and wetlands. 6. This site is required to provide on-site water quality controls (or payment in lieu of) for all development and/or redevelopment when 8,000 s.f. cumulative is exceeded, and on site control for the two-year storm. SITE PLAN SP 1. Site plans will be required for any new development other than single-family or duplex residential. SP 2. 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 compatibility development regulations. SP 3. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. SP 4. FYI: Additional design regulations will be enforced at the time a site plan is submitted. SP 5. The site is subject to compatibility standards. Along the northeast, northwest, and southwest SF-3-NP property lines, the following standards apply:  No structure may be built within 25 feet of the property line. 6 of 11B-10C14-2020-0031.SH 7  No structure in excess of two stories or 30 feet in height may be constructed within 50 feet of the property line.  No structure in excess of three stories or 40 feet in height may be constructed within 100 feet of the property line.  No parking or driveways are allowed within 25 feet of the property line.  A landscape area at least 25 feet wide is required along the property line. In addition, a fence, berm, or dense vegetation must be provided to screen adjoining properties from views of parking, mechanical equipment, storage, and refuse collection.  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. (use 540’ radius)  An intensive recreational use, including a swimming pool, tennis court, ball court, or playground, may not be constructed 50 feet or less property in an SF-5 or more restrictive zoning district.  A landscape area at least 25 feet in width is required along the property line if the tract is zoned LR, GO, GR, L, CS, CS-1, or CH. SP 6. The site is subject to 25-2 Subchapter F. Residential Design and Compatibility Standards. TRANSPORTATION The Austin Strategic Mobility Plan (ASMP) adopted 04/11/2019, calls for 120 feet of right- of-way for E. MLK BLVD. It is recommended that 60 feet of right-of-way from the existing centerline should be dedicated for E. MLK at the time of subdivision or site plan. The TIA determination will be deferred to site plan submittal when land uses and intensities have been finalized. WATER UTILITY 1. 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. Water and wastewater utility plans must be reviewed and approved by the Austin Water Utility for compliance with City criteria. 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 TO FOLLOW A: Zoning Map B. Aerial Exhibit C. SMART Housing Letter 7 of 11B-10! ! ! ! GR-CO-NP ( ! ! ! ! ( ! ! ! ! ( SF-3-NP ( ! ! ! ! ! ! ! ! ! ! ! ! ( ( SF-3-NP ( SF-3-NP P-NP ( D E R L A D G RIN P S U N D E V 02-0034.SH U N D E V 80-135 SF-6-NP RZ87-17 U N D E V C H U R C H 87-070 SP920023C GR-NP ( ( ( ( SF-3-NP ( ( ( W A L D E N C I R ( ( ( ( SF-3-NP ( ( ( ( SF-2-NP ( ( ( ( ( SF-3-NP ( ( ( ( SF-2-NP ( ( ( ( ( ( ( ( ( ( SF-2-NP ( ( ( ( ( ( ( ( ( ( ( SF-2-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( R L D HIL ( N O S R A C ( ( ( ( SF-2-NP ( ( ( ( ( ( ( W ( ( ALW ( O ( ( RTH ST ( ( ( ( ( ( ( ( ( ( ( ( ( BUNDY CREST CIR ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2-NP ( ( ( ( ( ( R L D T HIL ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2-NP ( ( ( ( R O F ( D L O ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( R L D HIL D A O R B ( ( ( ( ( ( ( ( ( SF-2-NP ( ( ( ( ( BU N DYH ILL CI R ( ( ( ( ( ( ( ( ( ( ( ( ( B U N D Y H I L L D R ( ( ( ( ( ( SF-2-NP ( ( ( ( ( ( ( ( ( ( ( ( SF-6-NP ( N O ( ( R T H ( D ( C14-04-0131 ( ( ALE D R ( ( ( ( EXHIBIT A ( ( ( ( ( ( ( ( ( R L D T HIL ( ( ( ( ( ( SF-2-NP ( ( ( ( ( ( ( E S S U R ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( R L D K HIL ( ( ( R O Y ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2-NP ( ( R E D ( L SF-2-NP ( A D L HIL ( ( ( ( ( ( ( ( ( ( ( ( ( ( GR-MU-NP ( E M A R T I N L U T H E R K I N G J R B L V D ( ( ( ( ( ( 2 0 5-1 8 Z R SP-05-1293C GR-NP ( ( 02-0142.002 ( ( ( SF-3-NP ( ( ( ( ( LE R D ( ( A D ( S T ( T O C S ( ( ( ( ( ( ! ! ! ! ! ! ! ! ( ( ! ! ! ! 02-0142.002 ! ! ! ! ! ! ( ! ! ! ! ! ! ! ! ! 02-0142.002 ! ! ! ! ( ! ( ! ( ( ( ( ( W O O ( D M O ( ( 02-0142.002 ( SF-3-NP ( ( ( E D R ( ! ! ( ( ( L M S G R O V ( E ! ! ( ! ! ! ! 02-0142.002 ! ! SF-4A-NP ( ( ( ( S T O N ( ( E G ( A T ( E D ( R ( ! ! ( ! ! ( ( ! ! ! ! ( ! ! ! ! H E F ! ! ( LIN L ( ( SF-3-NP ( ! ! N ! ! ! ! ( ! ! ( ( !! !! ! ! ( ( ! ! ! ! ( 02-0142.002 ( ! ! ! ! ! ! ! ! ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( B A K E ( R S T ( ( SF-3-NP ( ( ( ( S T O N E G A T E C I R ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( 02-0142.002 ( ( ( ( SF-3-NP T ( A S ( ( DIN A ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( T T S T O SF-4A-NP C B S O R SF-4A-NP ( ( ( ( SF-6-NP ( ( ( ( 02-0142.002 MF-3-NP ( ( SF-3-NP ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( SF-3-NP ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ZONING ( ( C14-2008-0174 ( ( ( ( SP-06-0418C SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( D S R E D ( O H R ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( 02-0142.002 ( ( ( ( ( ( ( ( ( ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY 0 1 - 0 1 8 7 . S H 02-0142.002 02-0142.002 GR-CO-NP 02-0142.002 02-0142.002 MF-3-CO-NP C14-01-0187.SH SP-03-0124C.SH 01-0187.SH CS-CO-NP W E B B E R V I L L E R D = SF-3-NP 02-0142.002 ( O ( R D ( ( R ( ( ( ( ( ( ( ( W O O D M O O R C I R ( ( ( ( ( ( ( CS-CO-NP TR A C O R LN SF-3-NP VACANT 02-0142.002 SP-05-1216C HILL LN E N N TA C14-02-0006.SH MF-2-CO-NP ZONING CASE#: C14-2020-0031.SH 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 CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Created: 3/4/2020 8 of 11B-10R L D T HIL E S S U R YORK H ILL DR SF-2-NP E M A R T I N L U TH E R K I N G J R B LV D GR-CO-NP MF-3-CO-NP SF-2-NP W A L C D I R E N SF-3-NP SF-2-NP SEAB SF-2-NP R O O K ST R L D HIL N O S R A C R L D HIL D A O R B R L D T HIL R O F D L O B U N D Y H L L D R I SF-2-NP SF-2-NP M24 BUNDYH I L L C IR SF-6-NP SF-2-NP SF-2-NP SF-2-NP GR-NP GR-MU-NP SF-3-NP D E R L A D S T T O C S T A S DIN A SF-3-NP B A K E R S T SF-4A-NP SF-3-NP ± 1'' = 300' E M A R T I N L U T H E R K I N G J R B LV D SF-3-NP E V G S O R R D M E L S T O N E G A T E D R SF-4A-NP M23 SF-3-NP H E F LIN L N SF-3-NP SF-4A-NP SF-6-NP C14-2020-0031.SH SF-3-NP W O O D M O O R D R SF-3-NP S T O N E G A T E C I R W O O D M O O R C I R W E B B E R V I L L E R D SF-3-NP SF-3-NP MF-3-NP Copyright nearmap 2015 E MLK REZONING C14-2020-0031.SH Creek Buffers ZONING BOUNDARY ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2020-0031.SH 5201 E MARTIN LUTHER KING JR. BLVD 2.65 Acres M24 Heather Chaffin This map has been produced by the Communications Technology Management Dept. on behalf of the Planning Development Review Dept. for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 9 of 11B-10EXHIBIT C 10 of 11B-1011 of 11B-10