B-02 (C14-2020-0083 - 1135 Gunter St.; District 3).pdf — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2020-0083 1135 Gunter St. P.C. DATE: November 10, 2020 AREA: 3.4 acres ADDRESS: 1135 Gunter Street (Tract 1) and 1129- ½ Gunter Street (Tract 2) DISTRICT AREA: 3 OWNERS: 1135 Gunter Partners, LP (Tract 1) and Renaissance Family Properties, LP (Tract 2) APPLICANT: Armbrust & Brown, PLLC (Michael J. Whellan) ZONING FROM: Tract 1: CS-CO-NP, Tract 2: SF-3-NP TO: CS-MU-V-CO-NP (Tracts 1 and 2) SUMMARY STAFF RECOMMENDATION: Staff does not support the Applicant’s request of CS-MU-V-CO-NP. Staff recommends an alternate of CS- MU-CO-NP. The Staff and Applicant requests include the same conditional overlays (CO): 1. The following land uses shall be prohibited: Agricultural Sales and Services, Alternative Financial Services, Automobile Rentals, Automobile Repair, Automobile Sales, Automobile Washing (of any kind), Bail Bond Services, Building Maintenance Services, Campground, Carriage Stable, 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, Outdoor Entertainment, Outdoor Sports and Recreation, Pawn Shop, Pedicab Storage and Dispatch, Recreational Equipment Maintenance and Storage, Service Station, Vehicle Storage, Limited Warehouse and Distribution, Community Recreation (Public), Maintenance and Service Facilities, Residential Treatment, Transitional Housing, and Transportation Terminal. PLANNING COMMISSION RECOMMENDATION: November 10, 2020: CITY COUNCIL DATE: December 3, 2020: ORDINANCE READINGS: 1st 2nd 3rd CASE MANAGER: Heather Chaffin e-mail: heather.chaffin@austintexas.gov ORDINANCE NUMBER: PHONE: 512-974-2122 1 of 14B-2 Page 2 C14-2020-0083 ISSUES: The subject property is located near a section of Airport Boulevard that is not designated as a Core or Future Core Transit Corridor. The property does not have frontage on or direct vehicular access to Airport Boulevard; instead, the property only has frontage and access to two ASMP Level 1 streets. The property is surrounded by single family residential neighborhoods to the south and west and is proximate to commercial land uses along Airport Boulevard. DEPARTMENT COMMENTS: The subject property is located west of Airport Boulevard between Gunter Street and Kirk Avenue. The majority of the property is zoned CS-CO-NP and is currently used for a cab company and bus charter company. The conditional overlay prohibits Vehicle storage land use, and makes the following land uses conditional: Agricultural sales and services, Construction sales and services, Limited warehousing and distribution, Building maintenance services, Laundry services, Equipment sales, and Equipment repair services. A small portion of the property is zoned SF-3-NP and is developed with a single family residence. The subject property is surrounded by SF-3-NP single family neighborhoods to the south and west, including properties that are immediately adjacent. North and east of the site are properties zoned CS-CO-NP that include a mix of uses, including Religious assembly, Convenience storage, Food sales, Automotive sales, General retail sales-Limited, Undeveloped, and Limited warehousing and storage. Further north and east of the site, across Airport Boulevard, are properties zoned CS-MU-NP that are developed with Automotive repair services and a trucking company, as well as property zoned CS-MU-V-NP that is developed with Multifamily land use. Please see Exhibits A and B- Zoning Map and Aerial Map. Staff supports the addition of MU-Mixed Use to the subject property but does not support the addition of V- Vertical mixed use building to the property. The property is close to Airport Boulevard but does not have vehicular access or frontage. This portion of Airport Boulevard is not a Core Transit Corridor or Future Core Transit Corridor; that designation ends approximately 1-1/2 miles to the north at Manor Road. The property has frontage on both Gunter Street and Kirk Avenue, ASMP Level 1 streets that serve a large single family neighborhood. Additionally, there are single family residences immediately adjacent to the site, as well as directly across Gunter Street. The V- designation is typically located along major corridors and surrounded by commercial or multifamily uses, not single family. The Applicant is proposing a multifamily development with an estimated 265 units, including 10 percent affordable units at 60 percent of Median Family Income (MFI). The development would also include ground floor commercial uses. The Applicant has provided copies of letters of support for the proposed rezoning; these letters also include several conditions that cannot be enforced by the City as part of the rezoning. These would have to be placed in a private restrictive covenant between the property owner and neighborhood group. Please see Exhibits C and D- Applicant Letter and Correspondence. BASIS OF RECOMMENDATION 1. CS-MU-V-CO-NP would allow high density multifamily residential in an area of single family residential. 2. High density multifamily located immediately adjacent to single family residences does not promote consistent or orderly planning. Zoning should be consistent with approved and existing residential densities. The proposed zoning should promote consistency and orderly planning. 2 of 14B-2Page 3 C14-2020-0083 EXISTING ZONING AND LAND USES: Site North CS-CO-NP ZONING LAND USES CS-CO-NP, SF-3-NP Cab company, Bus company, Single family residential Religious assembly, Convenience storage, Food sales, Automotive sales Single family residential General retail sales-Limited, Undeveloped, and Limited warehousing and storage Single family residential SF-3-NP CS-CO-NP SF-3-NP South East West CASE HISTORIES: NUMBER C14-2019-0041 3706 Goodwin REQUEST CS-MU-NP to CS-MU-V-NP Not recommended by Staff. PLANNING COMMISSION CITY COUNCIL July 23, 2019: Approved CS- MU-V-NP. Anderson, Kenny 2nd. Vote: 9-0. Llanes-Pulido abstained. Commissioners Shaw, Thompson and Schneider absent. August 8, 2020: Approved Ord. No. 20190808-123 for CS- MU-V-NP. Vote: 8-1. Harper-Madison- 1st, Pool- 2nd. Casar- Nay; Garza, Alter-Off the dais NEIGHBORHOOD PLAN AREA: Govalle-Johnston Terrace TIA: Deferred to time of site plan WATERSHED: Boggy Creek EXISTING STREET CHARACTERISTICS: NEIGHBORHOOD ORGANIZATIONS: Homeless Neighborhood Association SELTexas Preservation Austin Del Valle Community Coalition Claim Your Destiny Foundation Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Guadalupe Neighborhood Development Corporation Community Coalition El Concilio Mexican American Neighborhoods African American Cultural Heritage District Govalle/Johnston Terrace Neighborhood Plan Contact Team AISD Austin Innercity Alliance Neighbors United for Progress Sierra Club Bike Austin PODER Friends of Northeast Austin Black Improvement Association Del Valle East Austin Conservancy United East Austin Coalition 3 of 14B-2C14-2020-0083 ADDITIONAL STAFF COMMENTS Transportation Page 4 TR1. TR2. A Traffic Impact Analysis shall be required at the time of site plan if triggered per LDC 25-6-113. The adjacent street characteristics table is provided below: Existing Street Characteristics: Environmental 1. The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Boggy Creek 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. 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 2. The site is subject to compatibility standards. Along the south and west property lines, the following standards apply: a. No structure may be built within 25 feet of the property line. b. No structure in excess of two stories or 30 feet in height may be constructed within 50 feet of the property line. c. No structure in excess of three stories or 40 feet in height may be constructed within 100 feet of the property line. d. No parking or driveways are allowed within 25 feet of the property line. e. 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. SP 3. Additional design regulations will be enforced at the time a site plan is submitted. Parkland PR1: Parkland dedication will be required at the time of subdivision or site plan for new residential units, per City Code § 25-1-601. Parkland dedication requirements may be satisfied by either dedication of land or fees in-lieu of land. PARD will determine whether land or fees are required in accordance with criteria described in City Code, Title 25, Article 14, as amended. Should the applicant wish to discuss parkland dedication requirements in advance of site plan or subdivision 4 of 14B-2 Page 5 C14-2020-0083 applications, please contact this reviewer: thomas.rowlinson@austintexas.gov. At the applicant’s request, PARD can provide an early determination of whether a fee in-lieu of land will be allowed. Water and Wastewater FYI: The landowner intends to serve the site with City of Austin water utilities. There is currently no public wastewater service available to this tract. The landowner, at own expense, will be responsible for providing any water and wastewater utility improvements, offsite main extensions, water or wastewater easements, utility relocations and or abandonments required by the proposed land use. Depending on the development plans submitted, water and or wastewater service extension requests may be required. Water and wastewater utility plans must be reviewed and approved by Austin Water for compliance with City criteria and suitability for operation and maintenance. 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 fees once the landowner makes an application for Austin Water utility tap permits. INDEX OF EXHIBITS TO FOLLOW A. Zoning Map B. Aerial Exhibit C. Applicant Letter D. Correspondence 5 of 14B-2MF-3-NP FAST FOOD CS-MU-CO-NP REST. SF-3-NP 86-102RC. GR-NP 87-103 SPC-05-0006C P-NP SOCCER FIELD CENTER CS-MU-NP CS-MU-CO-NP LAUNDRY MAT AUTO SUPPLY GR-MU-NP SF-3-NP BENGSTON ST SF-3-NP KAY ST SF-3-NP GOODWIN AVE SF-3-NP SF-3-NP SPC-04-0005A GAS/CONV. CS-CO-NP CS-MU-CO-NP C14-2013-0055 NPA-2013-0015.01 A I R P O R T B L V D MUNSON ST SF-3-NP GAS/CONV. STR. APARTMENTS CS-MU-NP C14-2019-0041 CS-MU-V-NP APARTMENTS MF-3-NP EXHIBIT A SP-01-0509C.SH 70-172 SF-6-NP P R O C K LN ( ( SF-3-NP NPA-2007-0015.01 C14-2007-0105 SF-6-NP APARTMENTS UNDEV OFFICE ( ( ( ( ( ( ( SF-3-NP ( ( ALF A V E ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( SP90-10102C SF-5-NP CHURCH SP-98-0402C SF-3-NP T Y S R E L TIL SF-3-NP SF-3-NP CS-MU-CO-NP SF-3-NP CHURCH SF-3-NP CHARLES ST THOMPSON ST T R S E G NIN N E H PICKLE DR 74-152 81-64 SF-3-NP SF-3-NP SF-3-NP THO MPSON ST THOMPSON ST CS-CO-NP P. E O R T U A E V K A KIR GAS/CONV. Y/ R D N U A L S R E N A E L C CS-1-CO-NP R Z 8 5 - 6 7 CS-CO-NP SP-04-0094CS 1 1 1 - 5 8 P S G. R T S F L E S ! ! T S A F D O O F ! ! ! ! CONV. STR. BUS COMP. ! ! ! CS-CO-NP ! ! ! ! ! ! ! BUS CO. ! ! ! ! ! ! ! ! ! B U S P A R K I N G ! ! ! ! ! ! ! ! ! ! ! ! H C R U H C SF-3-NP SF-3-NP TRUCK TERMINAL CS-MU-NP 82-25 VACANT CS-CO-NP C14-2015-0121 C14-2014-0088 STORAGE VACANT WHSE AUTO INSPEC. OUTDOOR STORAGE VACANT OFFICE WHSE GR-MU-CO-NP C14-98-0065 98-0065 98-0065 C14P-79-56 RR-CO-NP GOVALLE AVE 75-63 SF-3-NP AUTO REP. 73-66 CHURCH SF-3-NP NEAL ST SF-3-NP SF-3-NP T O S RIC E H C H80-05 SF-3-H-NP H80-09 T R S E T N U G CS-MU-CO-NP SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ± SF-3-NP ELEMENTARY SCHOOL P-NP PUD-NP D E R L A D G RIN P S FROZEN FOOD PRODUCTS PUD-NP SF-3-NP C814-87-4RC. ZONING ZONING CASE#: C14-2020-0083 GR-MU-CO-NP C14-2017-0156 VACANT REFINERY TRU CK TERMINAL SP-91-119C P-NP ! ! ! ! ! ! ! ! ! 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: 7/30/2020 6 of 14B-2SF-3-NP CS-CO-NP KAY ST CS-1-CO-NP T R S E T N U G CS-CO-NP CS-MU-NP EXHIBIT B CS-MU-V-NP SF-3-NP GOODWIN AVE CHARLES ST SF-3-NP CS-CO-NP T R S E G NIN N E H PICKLE DR SF-3-NP SF-3-NP T R S E T N U G GOVALLE AVE SF-3-NP ± 1'' = 200' SF-3-NP THOMPSON ST SF-3-NP C14-2020-0083 L22 CS-MU-NP E V K A KIR A I R P O R T B L V D CS-CO-NP D E R L A D G RIN P S GR-MU-CO-NP SF-3-NP 1135 GUNTER ST. PUD-NP Copyright nearmap 2015 C14-2020-0083 Creek Buffers ZONING BOUNDARY ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2020-0083 1129-1/2 and 1135 Gunter St 3.4 Acres L22 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. 7 of 14B-2ARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 July 9, 2020 EXHIBIT C Jerry Rusthoven, Acting Lead City of Austin Planning and Zoning Department 505 Barton Springs Rd., 5th Floor Austin, Texas 78704 Dear Mr. Rusthoven: Re: Land use applications for 1135 and 1129 ½ Gunter St., Austin, TX 78702 I am seeking to submit two land use applications for 1135 and 1129 ½ Gunter St. (the “Property”) in order to develop a mixed-use project that participates in the Vertical Mixed-Use overlay and provides 10 percent of units as Affordable Housing at 60 percent of Median Family Income (MFI). These applications include: rezoning the Property from CS-CO-NP/SF-3-NP to CS-V-MU-NP and amending the Govalle/Johnston Terrace Neighborhood Plan’s Future Land Use Map (“FLUM”) to reflect Mixed-Use for the Property. There is a conditional overlay prohibiting vehicle storage uses and making a number of other uses conditional, including limited warehousing and distribution, laundry services, and equipment repair services, among several others. We are proposing to maintain this existing conditional overlay. The Property – located near the intersection of Airport Boulevard and Springdale Road – is used as commercial space for taxi cab and shuttle companies, uses that are non-conforming under the existing conditional overlay. Additionally, a smaller portion of the tract is currently used as single-family. We believe that this location – at the intersection of two Imagine Austin and Transit Priority Network corridors (Airport Boulevard and Springdale Road), in an Imagine Austin Center (Springdale Station), and accessible via four public transit lines (including two high-frequency routes) – is an appropriate location for a mixed-use project with Affordable Housing. Moreover, while the current zoning today allows for retail and commercial development, it does not allow for multi-family uses or for Affordable Housing. I am requesting a rezoning to CS-V-MU-CO-NP and a FLUM change to Mixed-Use in order to provide a project with an estimated 265 units, including 10 percent as Affordable Housing, above ground- floor commercial. I appreciate your consideration of these applications and look forward to answering any questions and providing further details. Respectfully, {W0984427.1} 8 of 14B-2GOVALLE/JONSTON TERRACE NEIGHBORHOOD PLAN CONTACT TEAM “Strength Through Unity” EXHIBIT D To: Austin Planning Commission and City Council re: - case # NPA 2020 0016.03 - 11291⁄2 and 1135 Gunter St Dear Commissioners and Council members, SUPPORT Please accept this letter on behalf of the Govalle/Johnston Terrace Neighborhood Plan Contact Team as an expression of Amendment for: 11291⁄2 and 1135 Gunter St., with the following conditions the requested rezoning and Neighborhood Plan • ● 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 ● Affordable units to include 2 and 3 bedroom units. neighborhood residents stay in and return to the neighborhood. ● families, a percentage of the affordable unit will be 2 or 3 bedrooms. 11291⁄2 Gunter Household Assistance In order to support . The applicant has agreed to provide Prohibited Uses . The applicant has agreed to the list of prohibited uses: 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). 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 9 of 14B-2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 appication. Thank you, Daniel Llanes, Chair G/JTNP Contact Team 512-431-9665 10 of 14B-2        October 22, 2020    Re: 1129½ and 1135 Gunter St.  To Whom It May Concern: The Govalle Neighborhood Association supports the requested rezoning and Neighborhood Plan Amendment for 1129½ and 1135 Gunter St., with the conditions outlined in this letter. The applicant has presented the neighborhood association with a request to rezone 1129½ and 1135 Gunter St. from the existing CS-CO-NP/SF-3-NP zoning to the proposed CS-V-MU-CO-NP zoning, and to change the Future Land Use Map from Commercial/Single-Family to Mixed-Use. the The property is currently used for vehicle storage, Govalle/Johnston Terrace Neighborhood Plan ultimately prohibits future vehicle storage uses in favor of transitioning In this case, the applicant is proposing a Vertical Mixed-Use project with the property to different uses. approximately 265 residential units (10 percent of which would be affordable at 60 percent MFI) above ground-floor commercial. Additionally, through discussions with the Govalle Neighborhood Association, the applicant has agreed to the following: though the neighborhood planning process for ● 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. ● 1129½ Gunter Household Assistance . The applicant has agreed to provide assistance in locating housing for the individuals currently living at 1129½ 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 outlined in Attachment A below..     11 of 14B-2​ ​ ​ ​ ​ ​    With this agreement, we support the applicant’s requests for rezoning and for a Neighborhood Plan Amendment. We appreciate your consideration. Sincerely,        //  Candi Fox  Co-Chair GNA  Attachment A: Not Permitted /Jessica L. Eley/ Jessica L. Eley Co-Chair GNA 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     12 of 14B-2  Outdoor Entertainment Outdoor Sports and Recreation 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             13 of 14B-214 of 14B-2