B-01 NPA-2020-0016.03 - 1135 Gunter St.; District 3.pdf — original pdf

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Planning Commission: November 10, 2020 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET DATE FILED: July 24, 2020 (In-Cycle) NEIGHORHOOD PLAN: Govalle/Johnston Terrace Combined (Govalle) CASE#: NPA-2020-0016.03 PROJECT NAME: 1135 Gunter St. PC DATE: November 10, 2020 ADDRESS/ES: DISTRICT AREA: 3 SITE AREA: 3.4063 acres OWNER/APPLICANT: 1135 Gunter Partners, LP (Tract 1) and Renaissance Family 1135 and 1129/1129 ½ Gunter Street Properties, LP (Tract 2) AGENT: Armbrust & Brown, PLLC (Michael J. Whellan) CASE MANAGER: Maureen Meredith, Housing and Planning Dept. PHONE: STAFF EMAIL: Maureen.meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation (512) 974-2695 From: Commercial & Single Family To: Mixed Use Base District Zoning Change Related Zoning Case: C14-2020-0083 From: CS-CO-NP & SF-3-NP NEIGHBORHOOD PLAN ADOPTION DATE: PLANNING COMMISSION RECOMMENDATION: November 10, 2020 - Pending 1 To: CS-MU-V-CO-NP March 27, 2003 1 of 30B-1Planning Commission: November 10, 2020 STAFF RECOMMENDATION: To grant applicant’s request for Mixed Use land use. BASIS FOR STAFF’S RECOMMENDATION: Staff supports the applicant’s request for Mixed Use land use because the proposed mixed use development with residential and commercial uses is appropriate in this location. The property is near Airport Boulevard and Springdale Road which are designated activity corridors on the Imagine Austin Comprehensive Plan Growth Concept Map. The property is also on the edge of the Springdale Station neighborhood activity center where mixed use developments are encouraged. The Govalle/Johnston Terrace Combined Neighborhood Plan supports mixed use land uses that provide residential uses and commercial uses. It also recommends land uses that are compatible with the surrounding land uses and are balance and varied. Mixed Use land use in this location is compatible with the surrounding uses. The proposed apartment dwelling units with retail will provide additional housing options and increase the range of services for people in the planning area. 2 2 of 30B-1Planning Commission: November 10, 2020 LAND USE DESCRIPTIONS EXISTING LAND USE ON THE PROPERTY Single family - Detached or two family residential uses at typical urban and/or suburban densities. Purpose 1. Preserve the land use pattern and future viability of existing neighborhoods; 2. Encourage new infill development that continues existing neighborhood patterns of development; and 3. Protect residential neighborhoods from incompatible business or industry and the loss of existing housing. Application 3 3 of 30B-1Planning Commission: November 10, 2020 1. Existing single‐family areas should generally be designated as single family to preserve established neighborhoods; and 2. May include small lot options (Cottage, Urban Home, Small Lot Single Family) and two‐family residential options (Duplex, Secondary Apartment, Single Family Attached, Two‐Family Residential) in areas considered appropriate for this type of infill development. Commercial -Lots or parcels containing retail sales, services, hotel/motels and all recreational services that are predominantly privately owned and operated for profit (for example, theaters and bowling alleys). Included are private institutional uses (convalescent homes and rest homes in which medical or surgical services are not a main function of the institution), but not hospitals. Purpose 1. Encourage employment centers, commercial activities, and other non‐ residential development to locate along major thoroughfares; and 2. Reserve limited areas for intense, auto‐oriented commercial uses that are generally not compatible with residential or mixed use environments. Application major highways; and 1. Focus the highest intensity commercial and industrial activities along freeways and 2. Should be used in areas with good transportation access such as frontage roads and arterial roadways, which are generally not suitable for residential development. 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; 4 4 of 30B-1Planning Commission: November 10, 2020 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. 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 development with apartments and ground-floor retail. The property is near Airport Boulevard and Springdale Road which are activity corridors. The property is also on the edge of Springdale Station neighborhood activity center. The property is near multiple bus routes and near numerous businesses. 5 5 of 30B-1Planning Commission: November 10, 2020 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 property is near Airport Boulevard and Springdale Road which are activity corridors and on the edge of the Springdale Station activity center. It is near multiple bus routes and near numerous businesses. 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 an infill property in a location where mixed use land use is appropriate for this location near Airport Boulevard and Springdale Road activity corridors and Springdale Station activity center. 4. Expand the number and variety of housing choices throughout Austin to meet the financial and lifestyle needs of our diverse population. • The proposed mixed use development includes 265 multifamily units with 5. Ensure harmonious transitions between adjacent land uses and development intensities. • Mixed use land use is appropriate for this locations near an activity corridor ground-floor retail. and activity center. 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 in an environmentally sensitive area such as 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. 8. Protect, preserve and promote historically and culturally significant areas. • To the best of staff’s knowledge there are no historic or cultural significance to • Not applicable. the property. 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 within walking and cycling distance to multiple businesses and multiple parks, such as Givens District Park, East Boggy Creek Greenbelt, Red Bluff Nature Preserve and Govalle Neighborhood Park. 10. Expand the economic base, create job opportunities, and promote education to support a strong and adaptable workforce. • Not directly applicable. 6 6 of 30B-111. Sustain and grow Austin’s live music, festivals, theater, film, digital media, and new Planning Commission: November 10, 2020 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. Proximity to Imagine Austin Activity Centers and Activity Corridors 7 7 of 30B-1Planning Commission: November 10, 2020 Proximity to Park Facilities 8 8 of 30B-1Proximity to Capital Metro Public Transportation Facilities Planning Commission: November 10, 2020 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. 9 9 of 30B-1Planning Commission: November 10, 2020 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, 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 plan amendment application was filed on July 24, 2020, which in in- cycle for neighborhood planning areas located on the east side of I.H.-35. The applicant proposes to change the land use on the future land use map from Single Family and Commercial to Mixed Use. The applicant proposes to change the zoning on the property from CS-CO-NP and SF-3-NP to CS-MU-V-CO-NP to build a mixed use project with 265 apartments with ground-floor 10 10 of 30B-1Planning Commission: November 10, 2020 retail. Of the 265 units, 10% will be affordable at a rate of 60% of MFI and will be affordable of a time-span of 40 years. For more information on the zoning request, please see zoning case report C14-2020-0083. PUBLIC MEETINGS: The ordinance-required community meeting was held on Monday, September 21, 2020. It was conducted virtually using the Microsoft Teams video format. Approximately 331 community meeting notices were mailed to people who live within 500 feet of the property and people with utility accounts (renters), in addition to neighborhood organizations and environmental groups who requested notification for the area. Four city staff members participated in the meeting, in addition to Michael Whellan and Michael Gaudini, the applicant’s agents from Armbrust and Brown, PLLC. In addition to city staff and the applicant’s agents, eight people virtually attended the meeting. After staff gave a brief presentation, Michael Whellan, the applicant’s agent, said they are requesting a zoning change from CS-CO-NP and SF-3-NP to CS-V-MU-CO-NP with a proposed change in the future land use map from Single Family and Commercial to Mixed Use land use to build a mixed use project. He said most of the site is zoned CS-CO-NP, but one lot is zoned SF-3-NP. He said they want to rezone all of the properties to CS-V-MU-CO- NP. The family who owns the larger tract also owns the lot that is zoned SF-3-NP which is why it is included in the application and will be developed as one site. He said the goal is to build a mixed use project with 265 dwelling units, 10% of which will be affordable at 60% MFI. The units would be above the ground-floor retail. The rationale for the project is to provide a more community-friendly project than the current use of vehicle storage. He said there is a conditional overlay attached to the rezoning ordinance which prohibits vehicular storage. The current vehicular storage use on the property is considered a non-conforming use. The use has been grandfathered, but they would abide by the conditional overlay on the property and would not have vehicle storage on the property. They would also maintain the building height that is currently allowed. He said they will be in compliance with the compatibility standards triggered by the single family homes in the surrounding area adjacent to the property. They are not seeking a variance from any compatibility restrictions to the height that exists in the Land Development Code. To deliver on the neighborhood plan goals, they are removing the vehicle storage site and also providing affordable housing and ground-floor commercial for smaller retail uses. He said with the vertical mixed use (VMU) zoning, they are providing 10% of the units to be affordable at 60% MFI. These units will be affordable for 40 years, which will provide long- term affordable housing. With the VMU program the 27 affordable units would be enforced by the city. Michael Whellan then provided information on the Allowable Height chart provided in the presentation. See presentation at the end of this report. He said they met with the Govalle Neighborhood Association and got good feedback from them. They also went to Govalle/Johnston Terrance NPCT and plan to go back to the Contact 11 11 of 30B-1Planning Commission: November 10, 2020 Team to hopefully get approval them. After they do this, the cases will go to Planning Commission and then City Council hearings. After the neighborhood association meeting they heard about a man who lives with his mother in the house adjacent to the project. There are plans to provide them with at least one- year notice for them to move out of the house, money for moving expenses, to give them notice when the building is available and one month’s free rent if they choose to move into the new structure. It was also suggested that they talk to the Guadalupe Neighborhood Development Corporation who has a list of pre-qualified people in the neighborhood so they could have an opportunity to move into available units. Traffic calming proposals were also outlined in Michael Whellan’s presentation. After his presentation, the following questions were asked: Q When the affordable housing is mandated by the city, such as in this case, 10% at 60%MFI, are Applicants able to use GNDC's list of folks that have been displaced? Or since this program is administered through the city, would they be required to use the City’s criteria for placing folks in Affordable Housing? A. The city program currently requires income verification simply to verify the person occupying the unit is qualified, but where you locate them or how they find a place is not outlined, as far as I can tell. However, we can work directly with Guadalupe Neighborhood Development Corporation to let them know when there are vacancies so they can offer the units to the people on their list. Q. Can the main driveway be off Kirk Avenue instead of Gunter? A. We need to examine that. We did a very preliminary site layout because of compatible standards that would be applied. We are trying to figure out where the driveways will be. There’s already a driveway on Airport Blvd, but we’re trying to figure out where the other driveways will be, but it also it depends on what the Transportation Department will require during site plan review. Sometimes we don’t have control over what the city will require to make it safe. Q. I know there is a conditional overlay on the property. What are some types of businesses allowed for the commercial sections? A. It’s an extraordinary long list. CS – General Commercial Services zoning district is one of the most intense zoning categories. You can do everything from a small restaurant to a transportation terminal with everything in between. The nice thing about the VMU is you are required to have at least one floor of residential above the ground, but we are planning more than one floor. I don’t have the ordinance in front of me of what other uses might be prohibited other than vehicular storage, but I think they were all in the vehicle-type of uses that are prohibited. We can send the information from the ordinance to you with the permitted use table. 12 12 of 30B-1Planning Commission: November 10, 2020 ACTION: CITY COUNCIL DATE: December 3, 2020 13 13 of 30B-1Applicant Summary Letter from Application Planning Commission: November 10, 2020 14 14 of 30B-1Planning Commission: November 10, 2020 Recommendation Letter from G/JT Neighborhood Plan Contact Team GOVALLE/JONSTON TERRACE NEIGHBORHOOD PLAN CONTACT TEAM “Strength Through Unity” To: Austin Planning Commission and City Council re: - case # NPA 2020 0016.03 - 11291⁄2 and 1135 Gunter St Dear Commissioners and Council members, Please accept this letter on behalf of the Govalle/Johnston Terrace Neighborhood Plan Contact Team as an expression of SUPPORT the requested rezoning and Neighborhood Plan Amendment for: 11291⁄2 and 1135 Gunter St., with the following conditions: • ● Traffic Calming. The applicant has agreed to fund vehicle counts and to fund traffic calming devices, or to provide that funding in escrow to the Govalle Neighborhood Association if the City determines traffic calming is not yet warranted. • ● Preference Policy for Long-Time and Returning Residents. The applicant has agreed to partner with the Guadalupe Neighborhood Development Corporation to provide notification about affordable unit vacancies in order to help long-time neighborhood residents stay in and return to the neighborhood. • ● Affordable units to include 2 and 3 bedroom units. In order to support families, a percentage of the affordable unit will be 2 or 3 bedrooms. • ● 11291⁄2 Gunter Household Assistance. The applicant has agreed to provide assistance in locating housing for the individuals currently living at 11291⁄2 Gunter St. as well as funding moving expenses, first month’s rent at the new housing, and providing early notification for affordable units at the new project once it is constructed (with one month’s rent credit). • ● Prohibited Uses. The applicant has agreed to the list of prohibited uses: Commercial Agricultural Sales and Services Alternative Financial Services Automotive Rentals Auto Repair Auto Sales Auto Washing Bail Bond Building Maintenance Services Campground Carriage Stable Cocktail Lounge Commercial Blood Plasma Center Construction Sales and Services Convenience Storage Drop-Off Recycling Collection Facility Equipment Repair Services Equipment Sales Exterminating Services Kennels Laundry Services Liquor Sales • Outdoor Entertainment Outdoor Sports and Recreation 15 15 of 30B-1Planning Commission: November 10, 2020 Pawn Shop Pedicab Storage and Dispatch Recreational Equipment Maintenance and Storage Service Station Vehicle Storage Industrial Limited Warehouse and Distribution • • Civic Community Recreation (Public) Maintenance and Service Facilities Residential Treatment Transitional Housing Transportation Terminal Please feel free to contact me with any further questions or comments regarding this application. Thank you, Daniel Llanes, Chair G/JTNP Contact Team 512-431-9665 16 16 of 30B-1Letter of Recommendation from Govalle Neighborhood Association Planning Commission: November 10, 2020 17 17 of 30B-1Planning Commission: November 10, 2020 18 18 of 30B-1Planning Commission: November 10, 2020 19 19 of 30B-1Planning Commission: November 10, 2020 20 20 of 30B-1Planning Commission: November 10, 2020 21 21 of 30B-1Planning Commission: November 10, 2020 22 22 of 30B-1Planning Commission: November 10, 2020 23 23 of 30B-1Planning Commission: November 10, 2020 24 24 of 30B-1Planning Commission: November 10, 2020 25 25 of 30B-1Planning Commission: November 10, 2020 Applicant’s Presentation at the Virtual Community Meeting 26 26 of 30B-1Planning Commission: November 10, 2020 27 27 of 30B-1Planning Commission: November 10, 2020 28 28 of 30B-1Planning Commission: November 10, 2020 29 29 of 30B-1Planning Commission: November 10, 2020 30 30 of 30B-1