B-04 (C14-2020-0107 - David Chapel Missionary Baptist Church Tract 4; District 1).pdf — original pdf

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ZONING CHANGE REVIEW SHEET P.C. DATE: December 8, 2020 Tract 3 - 2301 E. Martin Luther King Jr. Boulevard Tract 4 - 1803, 1805, and 1807 Chestnut Avenue Tract 1 - 1.563 acres (68,075 square feet) Tract 3 - 0.4089 acres (17,813 square feet) Tract 4 - 0.4089 acres (17,813 square feet) CASES: C14-2020-0105 David Chapel Missionary Baptist Church Tract 1 C14-2020-0106 David Chapel Missionary Baptist Church Tract 3 C14-2020-0107 David Chapel Missionary Baptist Church Tract 4 ADDRESSES: Tract 1- 2201, 2203, 2205, 2207, 2209, 2211 E. MLK Jr. Blvd. and 1807 Ferdinand St. AREA: DISTRICT AREA: 1 OWNER: David Chapel Missionary Baptist Church (Joseph C. Parker, Jr.) APPLICANT: Husch Blackwell (Nikelle Meade) ZONING FROM: Tract 1 – P-NP Tract 3 – P-NP Tract 4 – P-NP and SF-3-NP ZONING TO: SUMMARY STAFF RECOMMENDATION: CS-MU-V-NP (all tracts) Staff recommends CS-MU-V-CO-NP for Tract 1 and Tract 3, with the following conditions: 1. The following land uses shall be prohibited: Adult oriented business (any type), Automotive sales, Automotive repair services, Campground, Equipment sales, Maintenance and service facilities, Vehicle storage, Monument retail sales, Limited warehousing and distribution, Automotive washing (of any type), Agricultural sales and services, Automotive rentals, Drop-off recycling collection facilities, Exterminating services, Kennels, Equipment repair services, and Pawn shop services. 2. The following land uses shall be conditional: Service station, Laundry services, and Construction sales and services. Staff recommends LO-MU-CO-NP for Tract 4, with the following prohibited land uses: Medical offices (exceeding 5,000 square feet). PLANNING COMMISSION RECOMMENDATION: December 8, 2020: November 10, 2020: Postponed to December 8, 2020 on the consent agenda at the request of staff. October 27, 2020: Postponed to November 10, 2020 on the consent agenda at the request of staff. 1 of 22B-4C14-2020-0105, C14-2020-0106, C14-2020-0107 CITY COUNCIL DATE: Page 2 December 3, 2020: November 12, 2020: Postponed to December 3, 2020 on the consent agenda at the request of staff. ORDINANCE READINGS: 1st 2nd 3rd CASE MANAGER: Heather Chaffin e-mail: heather.chaffin@austintexas.gov ORDINANCE NUMBER: PHONE: 512-974-2122 2 of 22B-4C14-2020-0105, C14-2020-0106, C14-2020-0107 Page 3 ISSUES: The proposed rezonings are for properties owned and occupied by David Chapel Missionary Baptist Church which intends to move the congregation to a new location. The parties have discussed and are working toward the long-term relocation and preservation of the David Chapel sanctuary building which was designed by renowned architect John Chase, the first licensed African American architect in the state of Texas and the first African American to serve on the United States Commission of Fine Arts. The goal is to relocate the structure to a location where it can be accessible as a public building in perpetuity. Additionally, the applicant and the Chestnut Neighborhood Plan Contact Team (CNPCT) have agreed to a list of conditions and alternate zoning categories that are outlined in the attached letter. Please see Exhibit C – Neighborhood Letter. DEPARTMENT COMMENTS: The rezoning tracts are located south of East Martin Luther King, Jr. Boulevard (East MLK) between Ferdinand Street and Maple Avenue. Tract 1 is at the southwest corner of E MLK and Chestnut Street; Tract 3 is immediately to the east across Chestnut Avenue. Tracts 3 and 4 are separated by a lot zoned LR-MU-CO-NP which is developed with a single family residence. Tract 4 has frontage on Chestnut Street. All three tracts are under the same ownership and zoned P-NP. Tract 1 is developed with the David Chapel Missionary Baptist Church and related buildings; Tracts 3 and 4 are used as accessory parking for the church. Surrounding land uses along East MLK include medical offices, restaurant (limited), personal services, professional and administrative offices, and single family residential land uses. These properties have a mix of zoning, including CS-MU-V-CO-NP, LO-MU-V-CO-NP and SF- 3-HD-NP (the Rogers Washington Holy Cross Historic District). To the south, southwest, and east of the rezoning properties is a single family residential neighborhood zoned SF-3-NP. This segment of East MLK is a Core Transit Corridor. Please see Exhibits A and B- Zoning Map and Aerial Exhibit. The applicant is requesting CS-MU-V-NP for all three tracts but has worked with the NPCT to agree on some conditions and different zoning categories. The NPCT supports the applicant’s request of CS-MU- V-NP on Tracts 1 and 3 and supports the alternative of GR-MU-V-CO-NP on Tract 4. In addition to some site development standards, the NPCT proposes the following prohibited land uses on Tract 4: Automotive rentals, Automotive repair services, Automotive sales, Automotive washing, Bail bonds, Commercial off-street parking, Drop off recycling, Outdoor entertainment, Pawn shop, Pedicab storage and dispatch, and Service Station. The applicant agrees with the NPCT recommendation. Staff recommends CS-MU-V-CO-NP on Tracts 1 and 3 with a conditional overlay (CO) prohibiting several intense land uses. The conditional overlay recommended by staff reflects the conditional overlay of the nearby CS-MU-V-CO-NP property west of Tract 1. This recommendation would provide consistent and orderly planning and would treat the similarly situated parcels in a similar manner. Staff recommends LO-MU-CO-NP for Tract 4. Tract 4 is surrounded by SF-3-NP zoning for several blocks to the west, east, and south, and these properties are developed accordingly. The property immediately adjacent to the north is zoned LR-MU-CO-NP and is also developed with a single family residence. The conditional overlay on that property prohibits several land uses: Art and craft studio (limited) Consumer repair services, Food sales, Off-site accessory parking, Plant nursery, Restaurant (limited), Custom manufacturing, Cultural services, Hospital services (limited), Consumer convenience services, Financial services, Medical offices, Pet services, Restaurant (drive-in, fast food), Service station, Club or lodge, and Guidance services. Tract 4 is located mid-block on Chestnut 3 of 22B-4C14-2020-0105, C14-2020-0106, C14-2020-0107 Page 4 Avenue, which is predominately zoned and used for single family residences for several blocks in both directions, with commercial zoning only at intersections with Manor Road, East MLK and East 14th Street. The CS-MU-V-NP request by the applicant and the GR-MU-V-CO-NP are both significantly more intensive than the adjacent LR-MU-CO-NP property and would create a step-up in intensity moving from the East MLK corridor into this single family neighborhood. City Code defines CS zoning as “the designation for a commercial or industrial use of a service nature that has operating characteristics or traffic service requirements that are incompatible with residential environments.” Code also defines GR as “the designation for an office or other commercial use that serves neighborhood and community needs and that generally is accessible from major traffic ways.” Staff recommends LO-MU- NP as a step-down in intensity from East MLK into the neighborhood. This would allow office and a few low-intensity commercial uses, as well as residential. Staff has received correspondence regarding the proposed rezonings. Please see Exhibit D- Correspondence. BASIS OF RECOMMENDATION 1. Granting CS-MU-V-CO-NP on Tract 1 and 3 would be consistent with nearby properties along East MLK. 2. Granting of the request should result in an equal treatment of similarly situated properties. Zoning should promote a transition between adjacent and nearby zoning districts, land uses, and development intensities. P-NP ZONING Granting LO-MU-CO-NP on Tract 4 would provide a transition from the commercial zoning along East MLK to the single family zoning to the south. EXISTING ZONING AND LAND USES: Site North CS-MU-V-CO-NP, LO-V-MU-CO-NP, SF-3-HD-NP SF-3-NP SF-3-NP CS-MU-V-CO-NP, SF- 3-NP Single family residential Single family residential Medical offices, Restaurant (limited), Single family residential Religious assembly, Off site accessory parking Administrative/Business office, Professional office, Personal services, Single family residential South East West LAND USES CASE HISTORIES: There are no recent rezoning cases in the vicinity in the past ten years. NEIGHBORHOOD PLAN AREA: Chestnut WATERSHED: Boggy Creek TIA: Deferred to site plan(s) 4 of 22B-43 1 3 0 C14-2020-0105, C14-2020-0106, C14-2020-0107 EXISTING STREET CHARACTERISTICS: Name Pavement Existing ROW ASMP Required ROW E. MLK ~58’ 80’ Ferdinand Street ~47’ Existing 40’ 30’ Page 5 ASMP Classification Sidewalks Bicycle Route Capital Metro (within ¼ mile) Yes No Yes Yes No No ~60’ 74’ 40’ Yes Yes No Chestnut Avenue Public Alley 20’ Existing 20’ No No No East Austin Conservancy Preservation Austin Friends of Austin Neighborhoods Sierra Club, Austin Regional Group Austin ISD Austin Lost and Found Pets NEIGHBORHOOD ORGANIZATIONS: Rodgers Washington Holy Cross Del Valle Community Coalition Austin Neighborhoods Council Neighborhood Empowerment Foundation Neighbors United for Progress Chestnut Addition Neighborhood Assoc. Homeless Neighborhood Association Blackland Neighborhood Association Chestnut Neighborhood Plan Contact Team Upper Boggy Creek Neighborhood Planning Team Chestnut Neighborhood Revitalization Corporation ADDITIONAL STAFF COMMENTS Environmental 1. 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. 3. 4. for all development and/or redevelopment. 5. other environmental features such as bluffs, springs, canyon rimrock, caves, sinkholes, and wetlands. Zoning district impervious cover limits apply in the Urban Watershed classification. According to floodplain maps there is no floodplain within or adjacent to the project location. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 At this time, site specific information is unavailable regarding vegetation, areas of steep slope, or The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Boggy 5 of 22B-4C14-2020-0105, C14-2020-0106, C14-2020-0107 Page 6 This site is required to provide on-site water quality controls (or payment in lieu of) for all 6. 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. This section of East MLK is a Core Transit Corridor. SP 4. The site is subject to compatibility standards. •No structure may be built within 25 feet of the property line. •No structure in excess of two stories or 30 feet in height may be constructed within 50 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. •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 line. •An intensive recreational use, including a swimming pool, tennis court, ball court, or playground, may not be constructed 50 feet or less from adjoining SF-3 property. Additional design regulations will be enforced at the time a site plan is submitted. Parkland PR1: Parkland dedication will be required for any new residential units proposed by this development, mixed use with CS-MU-V-NP zoning, at the time of subdivision or site plan, per City Code § 25-1-601. Whether the requirement shall be met with fees in-lieu or dedicated land will be determined using the criteria in City Code Title 25, Article 14, as amended. Should fees in-lieu be required, those fees shall be used toward park investments in the form of land acquisition and/or park amenities within the surrounding area, per the Parkland Dedication Operating Procedures § 14.3.11 and City Code § 25-1- 607 (B)(1) & (2). If the applicant wishes to discuss parkland dedication requirements in advance of site plan or subdivision applications, please contact this reviewer: thomas.rowlinson@austintexas.gov. At the applicant’s request, PARD can provide an early determination of whether fees in-lieu or land will be allowed. Transportation The Austin Strategic Mobility Plan (ASMP), adopted 04/11/2019, identifies sufficient existing right-of- way for Ferdinand Street and the public alley. Up to 40’ of right-of-way should be dedicated from the existing centerline of E. MLK and 34’ of right-of-way from the existing centerline of Chestnut Avenue should be dedicated at the time of subdivision or site plan. The traffic impact analysis will be deferred to the time of site plan application when land uses and intensities will be known. 6 of 22B-43 1 3 0 C14-2020-0105, C14-2020-0106, C14-2020-0107 Name Existing ROW ASMP Required ROW Pavement ASMP Classification Sidewalks Bicycle Route Page 7 Capital Metro (within ¼ mile) Yes No Yes Yes No No E. MLK ~58’ 80’ Ferdinand Street ~47’ Existing 40’ 30’ ~60’ 74’ 40’ Yes Yes No Chestnut Avenue Public Alley 20’ Existing 20’ No No No 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. Neighborhood Letter D. Correspondence 7 of 22B-4SF-3-NP SF-3-NP E 2 0 T H S T SF-3-NP G I V E N S A V E EXHIBIT A SF-3-NP SF-3-HD-NP SF-3-HD-NP SF-3-NP C O L E T O S T LO-H-MU-V-CO-NP LO-MU-V-CO-NP CS-MU-V-CO-NP F E R D I N A N D S T CS-V-NP SF-3-NP M A C A R O N I L N ± 1'' = 125' TRACT 1 LO-MU-V-CO-NP TRACT 3 CS-MU-V-CO-NP C14-2020-0105 P-NP K23 LR-MU-CO-NP SF-3-NP SF-3-NP M A P L E A V E E M A R T I N L U T H E R K I N G J R B L V D P-NP C14-2020-0106 P-NP C14-2020-0107 SF-3-NP C H E S T N U T A V E SF-3-NP E 1 8 T H S T SF-3-NP TRACT 4 SF-3-NP SF-3-NP SF-3-NP SF-3-NP P-NP David Chapel Missionary Baptist Church Tracts 1, 3, 4 C14-2020-0105 - Tract 1 ZONING CASE#: C14-2020-0106 - Tract 3 C14-2020-0107 - Tract 4 Creek Buffers ZONING BOUNDARY LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2020-0105, C14-2020-0106, C14-2020-0107 2301 E Martin Luther King Jr. Blvd 1803, 1805, and 1807 Chestnut Ave 1.563, .4089, .4089 Acres K23 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. 8 of 22B-4SF-3-NP SF-3-NP E 2 0 T H S T SF-3-NP G I V E N S A V E SF-3-NP SF-3-HD-NP EXHIBIT B SF-3-HD-NP SF-3-NP C O L E T O S T LO-H-MU-V-CO-NP LO-MU-V-CO-NP CS-MU-V-CO-NP F E R D I N A N D S T CS-V-NP SF-3-NP M A C A R O N I L N ± 1'' = 125' TRACT 1 LO-MU-V-CO-NP TRACT 3 E M A R T I N L U T H E R K I N G J R B L V D CS-MU-V-CO-NP C14-2020-0105 P-NP K23 LR-MU-CO-NP SF-3-NP SF-3-NP M A P L E A V E C H E S T N U T A V E P-NP C14-2020-0106 P-NP C14-2020-0107 SF-3-NP SF-3-NP E 1 8 T H S T SF-3-NP TRACT 4 SF-3-NP SF-3-NP SF-3-NP SF-3-NP P-NP Copyright nearmap 2015 David Chapel Missionary Baptist Church Tracts 1, 3, 4 C14-2020-0105 - Tract 1 ZONING CASE#: C14-2020-0106 - Tract 3 C14-2020-0107 - Tract 4 Creek Buffers ZONING BOUNDARY LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2020-0105, C14-2020-0106, C14-2020-0107 2301 E Martin Luther King Jr. Blvd 1803, 1805, and 1807 Chestnut Ave 1.563, .4089, .4089 Acres K23 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 22B-4November 30, 2020 City of Austin Planning Commission EXHIBIT C Re: NPA-2019-0003.01 – David Chapel Missionary Baptist Church C14-2020-0105 – David Chapel Missionary Baptist Church Tract 1 C14-2020-0106 – David Chapel Missionary Baptist Church Tract 3 C14-2020-0107 – David Chapel Missionary Baptist Church Tract 4 Recommendation: This letter is to inform the Planning Commission that the Chestnut Neighborhood Plan Contact Team has voted to support the proposed rezoning and FLUM revisions to our Neighborhood Plan for the David Chapel properties listed, including a Conditional Overlay on Tract 4. Rationale: Dear Planning Commissioners, We greatly appreciate David Chapel Missionary Baptist Church and their lasting positive influence on the Chestnut Neighborhood. While we are sad to see them leave Chestnut, we are also excited for them as they embark on a new chapter in their long history. That said, we are pleased to inform you that the Chestnut Neighborhood Plan Contact Team has voted to support of the proposed rezoning of properties and FLUM revisions as follows: Tract 1 (1807 Ferdinand Street & 2201, 2203, 2205, 2207, 2209, 2211 East MLK, Jr. Blvd.) Proposed Zoning: CS-V-MU-NP Proposed FLUM: Mixed-Use Tract 3 (2301 East MLK, Jr. Blvd.) Proposed Zoning: CS-V-MU-NP Proposed FLUM: Mixed-Use Tract 4 (1803, 1805, & 1807 Chestnut Avenue) Proposed Zoning: GR-V-MU-CO-NP Proposed FLUM: Mixed-Use *The Contact Team & Applicant have agreed to a Conditional Overly on Tract 4. The Conditional Overlay is to modify the GR Site Development Standards to be the following: Minimum Lot Size: Minimum Lot Width: Maximum Building Coverage: Maximum Floor Area Ratio: Maximum Height: 5,750 SF 50 FT 50% 0.5:1 40 FT Minimum Setbacks: Front Yard Street Yard Int. Side Yard Rear Yard 25 FT 15 FT N/A N/A 10 of 22B-4**The Conditional Overlay shall also serve to prohibit the following uses on Tract 4: Automotive Rentals Automotive Repair Services Automotive Sales Automotive Washing Bail Bonds Commercial Off-Street Parking Drop Off Recycling Outdoor Entertainment Pawn Shop Pedicab Storage & Dispatch Service Station The Chestnut Neighborhood Plan Contact Team spent a great deal of time working closely with the David Chapel team on these cases to reach this mutually beneficial proposal; particularly the Conditional Overlay on Tract 4. Therefore, we respectfully request the Planning Commission approve these cases as outlined above. Sincerely, David Carroll Vice-Chair Chestnut Neighborhood Plan Contact Team 11 of 22B-4From: Roric Fink Sent: Thursday, October 8, 2020 1:25 PM To: Chaffin, Heather <Heather.Chaffin@austintexas.gov> Subject: Rezoning *** External Email - Exercise Caution *** EXHIBIT D Just trying to figure out what is happening with the David Chapel Missionary Baptist Church? It was previously all under one rezoning application. Now it seems they have broken it up into at least two (probably 3 or 4?) separate zoning applications. Has the project scope changed? Is it easier to get smaller properties passed? Is this all part of one vertical mixed use building project? Is there anything that can be done to fight this rezoning? It seems that although there is a lot of CS-MU- V-NP housing in the area, there is nothing within at least ½ mile in all directions. It seems like this isn’t what this part of the neighborhood is centered around, especially with a historic district across the street? I am also concerned with reduced views and dropping of property values in the immediate area. Case C14-2020-0105 Case C14-2020-0107 And ??? Heather, Let me know and thanks Roric Fink 1814 Maple Ave 512-748-4082 12 of 22B-4From: Malik, Brenda Sent: Monday, October 26, 2020 11:27 AM To: Chaffin, Heather <Heather.Chaffin@austintexas.gov> Subject: Case Number: C14-2020-0105 Hi Heather, Please add me to Citizen Comments on this case in opposition for the October 27th Hearing. My number is 512-653-8750. Thanks, Brenda Malik Rogers-Washington-Holy Cross Neighborhood Association 13 of 22B-4 14 of 22B-415 of 22B-416 of 22B-417 of 22B-418 of 22B-419 of 22B-420 of 22B-421 of 22B-422 of 22B-4