B-05 Corrected Staff Report (NPA-2020-0019.01 - 1103 W 24th Street; District 9).pdf — original pdf

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Planning Commission: August 11, 2020 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET DATE FILED: February 28, 2020 (In-cycle) NEIGHORHOOD PLAN: Central Austin Combined (West University) CASE#: NPA-2020-0019.01 PROJECT NAME: 1103 W. 24th Street PC DATE: August 11, 2020 ADDRESS: 1103 W. 24th Street DISTRICT AREA: 9 SITE AREA: 0.69 acres OWNER/APPLICANT: Texas International Education Consortium (Robin Lerner) AGENT: Drenner Group, PC (Leah Bojo) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation PHONE: (512) 974-2695 From: Office Base District Zoning Change To: Mixed Use Related Zoning Case: C14-2020-0026 From: GO-CO-NP To: GR-MU-V-NP NEIGHBORHOOD PLAN ADOPTION DATE: August 26, 2004 PLANNING COMMISSION RECOMMENDATION: August 11, 2020 – (pending) STAFF RECOMMENDATION: To grant the applicant’s request for Mixed Use land use. 1 NPA-2020-0019.01 Planning Commission: August 11, 2020 BASIS FOR STAFF’S RECOMMENDATION: Staff supports the applicant’s request for Mixed Use land use because it is an appropriate land use for this location. To the north of the property across W. 24th Street is Mixed Use land use. To the east and south of the property is multifamily land use and to the west is office land use. The property faces W. 24th Street which has a mix of commercial, office and residential uses. The property is located within the Downtown Activity Center and is within 1000 feet of the N. Lamar Blvd which is an Activity Corridor. The property is near public transportation options and is approximately one mile from The University of Texas campus. The Central Austin Combined Neighborhood Plan supports Mixed Use for areas that would enhance the livability of neighborhoods. Because the property is located along W. 24th Street and is an existing office use, staff believes transitioning to a mixed use building with commercial and residential uses would be appropriate. 2 Planning Commission: August 11, 2020 LAND USE DESCRIPTIONS EXISTING LAND USE ON THE PROPERTY Office - An area that provides for office uses as a transition from residential to commercial uses, or for large planned office areas. Permitted uses include business, professional, and financial offices as well as offices for individuals and non-profit organizations. 1. Encourage office-related services in areas that cannot support the traffic generation of 2. Provide for small lot office conversions as a transition from commercial to residential 3. Preserve sites for employment and office related services. 1. Appropriate for low volume streets such as collectors and minor arterials; and 2. Can be used to provide a transition between residential uses and more intense commercial and industrial uses. Purpose commercial uses; uses; and Application 3 Planning Commission: August 11, 2020 PROPOSED LAND USE ON THE PROPERTY Mixed Use - An area that is appropriate for a mix of residential and non‐residential uses. Purpose 1. Encourage more retail and commercial services within walking distance of residents; 2. Allow live‐work/flex space on existing commercially zoned land in the neighborhood; 3. Allow a mixture of complementary land use types, which may include housing, retail, offices, commercial services, and civic uses (with the exception of government offices) to encourage linking of trips; 4. Create viable development opportunities for underused center city sites; 5. Encourage the transition from non‐residential to residential uses; 6. Provide flexibility in land use standards to anticipate changes in the marketplace; 7. Create additional opportunities for the development of residential uses and affordable housing; and 8. Provide on‐street activity in commercial areas after 5 p.m. and built‐in customers for local businesses. Application 1. Allow mixed use development along major corridors and intersections; 2. Establish compatible mixed‐use corridors along the neighborhood’s edge 3. The neighborhood plan may further specify either the desired intensity of commercial uses (i.e. LR, GR, CS) or specific types of mixed use (i.e. Neighborhood Mixed Use Building, Neighborhood Urban Center, Mixed Use Combining District); 4. Mixed Use is generally not compatible with industrial development, however it may be combined with these uses to encourage an area to transition to a more complementary mix of development types; 5. The Mixed Use (MU) Combining District should be applied to existing residential uses to avoid creating or maintaining a non‐conforming use; and 6. Apply to areas where vertical mixed use development is encouraged such as Core Transit Corridors (CTC) and Future Core Transit Corridors. 4 Planning Commission: August 11, 2020 IMAGINE AUSTIN PLANNING PRINCIPLES 1. Create complete neighborhoods across Austin that provide a mix of housing types to suit a variety of household needs and incomes, offer a variety of transportation options, and have easy access to daily needs such as schools, retail, employment, community services, and parks and other recreation options. • The applicant proposes to build a mixed use building with commercial and residential uses that could provide a mix of housing for the City and the planning area. The property is located within the Downtown Activity Center and within 1000 feet of N. Lamar Blvd which is an Activity Corridor as identified on the Growth Concept Map of the Imagine Austin Comprehensive Plan. The property is within walking distance to The University of Texas at Austin and numerous businesses, public transportation and several parks. The applicant’s request for Mixed Use land use is appropriate for this area. 2. Support the development of compact and connected activity centers and corridors that are well-served by public transit and designed to promote walking and bicycling as a way of reducing household expenditures for housing and transportation. • The applicant proposes to build a mixed use building with commercial and residential uses that could provide a mix of housing for the City and the planning area. The property is located within the Downtown Activity Center and within 1000 feet of N. Lamar Blvd which is an Activity Corridor as identified on the Growth Concept Map of the Imagine Austin Comprehensive Plan. The property is within walking distance to The University of Texas at Austin and numerous businesses, public transportation and several parks. The applicant’s request for Mixed Use land use is appropriate for this area. 3. Protect neighborhood character by ensuring context-sensitive development and directing more intensive development to activity centers and corridors, redevelopment, and infill sites. • The property is located within the Downtown Activity Center and less than 1000 feet from the North Lamar Activity Corridor to the west of the property. The property is located within a dense, developed area and could be considered an infill site. 4. Expand the number and variety of housing choices throughout Austin to meet the financial and lifestyle needs of our diverse population. • The applicant proposes to rezone the property that would allow for commercial and residential uses, which could increase the number and variety of housing choices in Austin and the planning area. 5. Ensure harmonious transitions between adjacent land uses and development intensities. • The applicant is requesting a change in land use from Office to Mixed Use 5 Planning Commission: August 11, 2020 6. Protect Austin’s natural resources and environmental systems by limiting land use and transportation development over environmentally sensitive areas and preserve open space and protect the function of the resource. • The property is not located within the Drinking Water Protection Zone. 7. Integrate and expand green infrastructure—preserves and parks, community gardens, trails, stream corridors, green streets, greenways, and the trails system—into the urban environment and transportation network. • Not applicable. property. businesses. 8. Protect, preserve and promote historically and culturally significant areas. • To staff’s knowledge, there are no historic or cultural significance to this 9. Encourage active and healthy lifestyles by promoting walking and biking, healthy food choices, access to affordable healthcare, and to recreational opportunities. • The property is located near public parks and is walking distance to numerous 10. Expand the economic base, create job opportunities, and promote education to support a strong and adaptable workforce. • The proposed and continue use is a non-profit international education organization that could help meet this goal. 11. Sustain and grow Austin’s live music, festivals, theater, film, digital media, and new creative art forms. • Not applicable. • Not applicable. 12. Provide public facilities and services that reduce greenhouse gas emissions, decrease water and energy usage, increase waste diversion, ensure the health and safety of the public, and support compact, connected, and complete communities. 6 Planning Commission: August 11, 2020 Imagine Austin Corridor/Centers Property Proximity to Parks 7 Planning Commission: August 11, 2020 Proximity to Capital Metro Bus Routes IMAGINE AUSTIN GROWTH CONCEPT MAP Definitions Neighborhood Centers - The smallest and least intense of the three mixed-use centers are neighborhood centers. As with the regional and town centers, neighborhood centers are walkable, bikable, and supported by transit. The greatest density of people and activities in neighborhood centers will likely be concentrated on several blocks or around one or two intersections. However, depending on localized conditions, different neighborhood centers can be very different places. If a neighborhood center is designated on an existing commercial area, such as a shopping center or mall, it could represent redevelopment or the addition of housing. A new neighborhood center may be focused on a dense, mixed-use core surrounded by a mix of housing. In other instances, new or redevelopment may occur incrementally and concentrate people and activities along several blocks or around one or two intersections. Neighborhood centers will be more locally focused than either a regional or a town center. Businesses and services—grocery and department stores, doctors and dentists, shops, branch libraries, dry cleaners, hair salons, schools, restaurants, and other small and local businesses—will generally serve the center and surrounding neighborhoods. Town Centers - Although less intense than regional centers, town centers are also where many people will live and work. Town centers will have large and small employers, although fewer than in regional centers. These employers will have regional customer and employee bases, and provide goods and services for the center as well as the surrounding areas. The buildings found in a town center will range in size from one-to three-story houses, duplexes, 8 Planning Commission: August 11, 2020 townhouses, and rowhouses, to low-to midrise apartments, mixed use buildings, and office buildings. These centers will also be important hubs in the transit system. Job Centers - Job centers accommodate those businesses not well-suited for residential or environmentally- sensitive areas. These centers take advantage of existing transportation infrastructure such as arterial roadways, freeways, or the Austin-Bergstrom International airport. Job centers will mostly contain office parks, manufacturing, warehouses, logistics, and other businesses with similar demands and operating characteristics. They should nevertheless become more pedestrian and bicycle friendly, in part by better accommodating services for the people who work in those centers. While many of these centers are currently best served by car, the growth Concept map offers transportation choices such as light rail and bus rapid transit to increase commuter options. Corridors - Activity corridors have a dual nature. They are the connections that link activity centers and other key destinations to one another and allow people to travel throughout the city and region by bicycle, transit, or automobile. Corridors are also 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. Along many corridors, there will be both large and small redevelopment sites. These redevelopment opportunities may be continuous along stretches of the corridor. There may also be a series of small neighborhood centers, connected by the roadway. Other corridors may have fewer redevelopment opportunities, but already have a mixture of uses, and could provide critical transportation connections. As a corridor evolves, sites that do not redevelop may transition from one use to another, such as a service station becoming a restaurant or a large retail space being divided into several storefronts. To improve mobility along an activity corridor, new and redevelopment should reduce per capita car use and increase walking, bicycling, and transit use. Intensity of land use should correspond to the availability of quality transit, public space, and walkable destinations. Site design should use building arrangement and open space to reduce walking distance to transit and destinations, achieve safety and comfort, and draw people outdoors. BACKGROUND: The application was filed on February 28, 2020 which is in-cycle for neighborhood planning areas located on the east side of I.H.-35. The applicant proposes to change the future land use map (FLUM) from Office to Mixed Use The applicant proposes to change the zoning on the property from GO-CO-NP to GR-MU-V- NP for office and residential uses. For more information on the associated zoning case, please see case report C14-2020-0026. PUBLIC MEETINGS: Due to the City of Austin’s directive to socially-distance due to the COVID-19 pandemic, the ordinance-required community meeting was delayed until staff could create a process to conduct a virtual community meeting. The community meeting 9 Planning Commission: August 11, 2020 would have normally been conducted a month or two after the application was filed in February. The ordinance-required community meeting was held virtually on Wednesday, July 22, 2020. Approximately 735 meeting notices were mailed to people who own property or have a utility account within 500 feet of the property, in addition to neighborhood organizations and environmental groups who requested notification for the area. Ten people participated in the meeting, including five Planning and Zoning staff members, Leah Bojo and Drew Raffaele, from Drenner Group, the applicant’s agents, and Robin Lerner President and CEO of the Texas International Education Consortium, the applicant. The PowerPoint presentation from Leah Bojo and Robin Lerner are at the back of this report. After staff gave a brief presentation about the applicant’s plan amendment and rezoning requests, in addition to an overview of the plan amendment process, Leah Bojo and Robin Lerner gave their presentations. Leah Bojo said the property is currently zoned GO-CO-NP and is surrounded by commercial sites. The proposed zoning is GR-MU-V-NP. The current Conditional Overlay limits the building height to 35 feet and prohibits group residential and club or lodge for private use. The current land use map shows the land use as Office, but they propose to change the FLUM to Mixed Use. The building is a legal non-conforming use, it was built to Code in 1962, but no longer complies with Code. If the site were to be redeveloped and it keeps the zoning it would not be able to be rebuilt to the same site standards as when it was built in 1962. The building is in need of significant repair which is a big part of why they are requesting the rezoning and FLUM change. In Robin Lerner’s presentation she described the organization’s mission and goals. They host international students, educators and special groups and by conducting international capacity building projects. They have hosted over 30,000 international students, educators and special groups. Finding housing for their participants has become one of the costliest for their programs and is part of their desire to rezone is to host participants in their building. The building was a former dorm and was remodeled for classrooms and offices. They share office space with other non-profits. The proximity to UT is a major importance. The building is in decline and disrepair and is too costly to repair. They want to stay at this location. They would like to attract a partner to help redevelop the building with them. Without the rezoning they will more likely have to sell the property and move out because they can’t afford to repair the building and the current limitations prevent co-development as it is. After the presentation the following questions were asked: Q. Do you plan to build residential units? A. Yes, we are asking for VMU, Vertical Mixed Use overlay that requires first floor commercial and residential above the commercial. Q. What specifically in the plans require a zoning change? 10 Planning Commission: August 11, 2020 A. The current zoning district doesn’t allow VMU and limits the building height to 35 feet. We are requesting to exceed 35 feet and there are also some changes to setbacks, but the primary reason is for the VMU and the height. Q. So the height would increase from 35 feet to 60 feet, can you show other heights along W. 24th Street? A. I have an exhibit I can share with you and I will send it to you and your group. There are a variety of heights, the building to the east across on Leon Street has a height of 60 feet, similar to what we are requesting. The UNO Overlay that applies across W. 24th Street to the north, I can send you more detail on this as well. Q. How many residential units and how many students is the applicant planning to house? A. We are not at the point in design where we have that level of information. Some people do design and planning along with their zoning cases, but with TIEC being a non-profit they are taking a risk-adverse approach and have not gotten down the design path to have this information. Q. Why is it important to do this at this time? A. The urgency is the condition of the building and they either have to continue to spend money to repair the building or figure out another place to go. They know the organization is going to continue and they are exploring how it will look like in the future. Q. Are you planning to demolish the building? A. We are non-conforming and cannot work with the existing structure. Our foundation is cracked, our roof needs repair and we have leaks. It feels like an unhealthy environment for our team and not a safe place for other non-profits. This is also a perfect location walking distance to UT and it’s easy to get around. Q. Who do you see as likely office-sharing with you? Would it be something you rent out or something you co-own? A. We have two like-minded organizations with us that share the building with us and if there are other organizations that could share the first-floor with us, we would be interested in that as well. We would own the property and would lease the space. Q. What types of non-profits? A. We are an international non-profit, so we are interested in other non-profits like us. Q. Do you plan to flip the site once you demo the building? A. Our goal is to be on-site and have office-sharing. We think this is the perfect location because it’s close to UT and people can walk there. CITY COUNCIL DATE: Pending ACTION: 11 Applicant Summary Letter from Application Planning Commission: August 11, 2020 12 Planning Commission: August 11, 2020 13 Planning Commission: August 11, 2020 Letter of Recommendation from the Neighborhood Plan Contact Team (NPCT) 14 Other Letters of Recommendation Planning Commission: August 11, 2020 15 Planning Commission: August 11, 2020 From: Rowena Dasch Sent: Thursday, July 30, 2020 9:45 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Subject: RE: 1103 W. 24th Street, Case # C14-2020-0026 *** External Email - Exercise Caution *** Dear Ms. Meredith, I am writing regarding the proposed project at 1103 W. 24th Street, Case Number C14-2020-0026. The current tenants at that site have been excellent neighbors and I am in support of their desire to improve their facility. I am not, however, in support of any zoning change that would allow for the possibility that the site might at a later date be used for transitional housing. When the University Neighborhood Overlay was put into place in 2006, the City made a commitment to the neighborhood as well as to the larger Austin community that this area would remain reserved for student housing. I am against any changes to zoning that would allow for the possibility that property would not be used for that purpose in the future. We already have a great housing shortage for University students, and both our city and UT's students benefit from the concentration of housing in West Campus. While I feel most strongly about the issue of student housing, I also support all of the Caswell Heights Neighborhood Association's list of prohibited uses and ask that CANPAC use this list when discussing the future of the project with the City. Caswell Heights Neighborhood Association Requested Prohibited Uses: Club or Lodge Community Recreation (private) Cocktail Lounge Group Residential Transitional Housing Short Term Rental Thank you for your consideration. Best, Rowena Dasch Executive Director, Neill-Cochran House Museum -- Rowena Houghton Dasch, PhD Executive Director, Neill-Cochran House Museum 2310 San Gabriel Street Austin, Texas 78705 (512) 478-2335 www.nchmuseum.org 16 Planning Commission: August 11, 2020 From: damronhome@ Sent: Tuesday, August 04, 2020 7:47 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov>; Graham, Mark <Mark.Graham@austintexas.gov> Subject: Fwd: 1103 W. 24TH. ST., Case Number: C14-2020-0026 *** External Email - Exercise Caution *** Subject: Re: 1103 W. 24TH. ST., Case Number: C14-2020-0026 Attn: Maureen Meredith & Mark Graham, Caswell Heights Neighborhood Association will support the above rezoning request with the following changes: 1. That Club or Lodge and Community Recreation (private) will be listed as prohibited uses in a Conditional Overlay (CO) as part of the rezoning with the approval of the Planning commission and Austin City Council. 2. That the Vertical Mixed Use (V) be excluded from the proposed zoning change. 3. That a Private Restrictive Covenant between Texas International Education Consortium (TIEC) and Caswell Heights Neighborhood Association be agreed upon to prohibit any outdoor amplified sound, and any STR's that are not affiliated with the programs through Texas International Educational Consortium (TIEC.) Thank you both for your assistance. Regards Tressie Damron, President Caswell Heights Neighborhood Association 17 Planning Commission: August 11, 2020 -----Original Message----- From: Karen Pope Sent: Wednesday, August 05, 2020 11:02 AM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov>; Graham, Mark <Mark.Graham@austintexas.gov> Subject: 1103 West 24th Street Case # C14-2020-0026 *** External Email - Exercise Caution *** I am writing to express my support for the position expressed by the Caswell Heights Neighborhood Association regarding 1103 West 24th Street Case # C14-2020-0026: I support this rezoning request with the following changes: 1. That Club or Lodge and Community Recreation (private) will be listed as prohibited uses in a Conditional Overlay (CO) as part of the rezoning with the approval of the Planning Commission and the Austin City Council 2. That the Vertical Mixed Use (V) be excluded from the proposed zoning change. 3. That a Private Restrictive Covenant between Texas International Education Consortium (TIEC) and Caswell Heights Neighborhood Association be agreed upon to prohibit any outdoor amplified sound, and any STRs that are not affiliated with the programs through TIEC. Sincerely, Karen Pope, PhD Chair, Neill-Cochran House Museum Board 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 CSIRT@austintexas.gov. 18 Planning Commission: August 11, 2020 From: Anne Folkes Sent: Wednesday, August 05, 2020 11:25 AM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov>; Graham, Mark <Mark.Graham@austintexas.gov> Subject: 1103 West 24th Street Case # C14-2020-0026 *** External Email - Exercise Caution *** I am writing to express my support for the position expressed by the Caswell Heights Neighborhood Association regarding 1103 West 24th Street Case # C14-2020-0026: I support this rezoning request with the following changes: 1. That Club or Lodge and Community Recreation (private) will be listed as prohibited uses in a Conditional Overlay (CO) as part of the rezoning with the approval of the Planning Commission and the Austin City Council 2. That the Vertical Mixed Use (V) be excluded from the proposed zoning change. 3. That a Private Restrictive Covenant between Texas International Education Consortium (TIEC) and Caswell Heights Neighborhood Association be agreed upon to prohibit any outdoor amplified sound, and any STRs that are not affiliated with the programs through TIEC. Sincerely, Anne Boyce Folkes Neill-Cochran House Museum Board Member 19 Planning Commission: August 11, 2020 From: treasurer@ Sent: Wednesday, August 05, 2020 12:01 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov>; Graham, Mark <Mark.Graham@austintexas.gov> Subject: 1103 West 24th Street Case # C14-2020-0026 *** External Email - Exercise Caution *** I am writing to express my support for the position expressed by the Caswell Heights Neighborhood Association regarding 1103 West 24th Street Case # C14-2020-0026: I support this rezoning request with the following changes: 1. That Club or Lodge and Community Recreation (private) will be listed as prohibited uses in a Conditional Overlay (CO) as part of the rezoning with the approval of the Planning Commission and the Austin City Council 2. That the Vertical Mixed Use (V) be excluded from the proposed zoning change. 3. That a Private Restrictive Covenant between Texas International Education Consortium (TIEC) and Caswell Heights Neighborhood Association be agreed upon to prohibit any outdoor amplified sound, and any STRs that are not affiliated with the programs through TIEC. Sincerely, Elizabeth C Hickman Treasurer, The National Society of The Colonial Dames of America in the State of Texas Member, Neill-Cochran House Museum Board 20 Planning Commission: August 11, 2020 From: William Hastings Sent: Wednesday, August 05, 2020 12:13 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov>; Graham, Mark <Mark.Graham@austintexas.gov> Subject: Subject: 1103 West 24th Street Case # C14-2020-0026 *** External Email - Exercise Caution *** Hi my name is William Hastings and I have owned and occupied a home on nearby Shoal Creek Boulevard for 30 years. I am writing to express my support for the position proposed by the Caswell Heights Neighborhood Association. Specifically, I would support this rezoning request with the following changes: 1. That Club or Lodge and Community Recreation (private) will be listed as prohibited uses in a Conditional Overlay (CO) as part of the rezoning with the approval of the Planning Commission and the Austin City Council 2. That the Vertical Mixed Use (V) be excluded from the proposed zoning change. 3. That a Private Restrictive Covenant between Texas International Education Consortium (TIEC) and Caswell Heights Neighborhood Association be agreed upon to prohibit any outdoor amplified sound, and any STRs that are not affiliated with the programs through TIEC. Sincerely, William Hastings 2303 Shoal Creek Blvd. Austin, TX 78705 21 Planning Commission: August 11, 2020 22 Site Planning Commission: August 11, 2020 23 Planning Commission: August 11, 2020 24 Planning Commission: August 11, 2020 Future Land Use Map Zoning Map 25 Planning Commission: August 11, 2020 1103 W. 24th Street 26 Planning Commission: August 11, 2020 Applicant’s Presentation 27 Planning Commission: August 11, 2020 28 Planning Commission: August 11, 2020 29 Planning Commission: August 11, 2020 30 Planning Commission: August 11, 2020 31 Planning Commission: August 11, 2020 32 Planning Commission: August 11, 2020 33 Planning Commission: August 11, 2020 34 Planning Commission: August 11, 2020 35