Planning CommissionDec. 8, 2020

B-11 (NPA-2020-0014.02 - 7800 Burleson Road; District 2.pdf — original pdf

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Planning Commission: December 8, 2020 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET DATE FILED: July 31, 2020 (In-cycle) NEIGHORHOOD PLAN: Southeast Combined Neighborhood Plan (Southeast) CASE#: NPA-2020-0014.02 PROJECT NAME: 7800 Burleson PC DATE: December 8, 2020 ADDRESS: 7800 Burleson Road DISTRICT AREA: 2 SITE AREA: 15.152 acres OWNER/APPLICANT: 7800 Burleson QOZB, LLC AGENT: Armbrust and Brown, PLLC (Michael Whellan) CASE MANAGER: Maureen Meredith, Housing & Planning Dept. PHONE: STAFF EMAIL: Maureen.meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation (512) 974-2695 From: Industry Base District Zoning Change To: Mixed Use Related Zoning Case: C14-2020-0101 From: LI-CO-NP & GR-MU-NP To: GR-MU-NP NEIGHBORHOOD PLAN ADOPTION DATE: November 6, 2014 PLANNING COMMISSION RECOMMENDATION: December 8, 2020 – (Pending) 1 of 25B-11 STAFF RECOMMENDATION: Staff recommendation is to not grant the applicant’s request for Mixed Use land use. BASIS FOR STAFF’S RECOMMENDATION: The applicant is proposing a mixed use project with 258 residential units above ground-floor retail. The property is located in an area with industrial zoning and is located near the Airport Overlay Zone. Staff does not support placing residential uses in this area. See the associated zoning case report, C14-2020-0101, for more information the property in relation to the Airport Overlay Zone. Below are sections of the Southeast Combined Neighborhood Plan document that addresses industrial areas within the planning area. Industrial Zones A distinctive element of the existing land use landscape within the Planning Areas is that there are defined districts with large amounts of existing industrial development, and numerous undeveloped properties with industrial zoning. The fact that this part of southeast Austin is surrounded by major transportation corridors, has a large amount of undeveloped land, and is in close proximity to the airport makes it a very attractive location for industrial development. The McKinney and Southeast NPAs host the majority of this type of construction, much of this in the form of large industrial office parks. Instead of rejecting industrial-type development around their homes, residents in the Franklin Park and McKinney NPAs have been successful at communicating and cooperating with nearby industrial property owners. Area residents have traditionally been amenable to those types of industrial uses that don’t interfere with neighborhood activities or infringe upon their quality of life. Goal 4 Ensure that existing residential and industrial zoned properties co-exist in a compatible manner. Objective 4.1 Provide appropriate buffer zones between residential and industrial zoned properties. Action Item 9 Where needed, create a conditional overlay for industrial property that abuts residentially-used land. (Implementer: NPZD) Goal 5 Create land use and zoning recommendations that reflect the existing industrial nature of parts of the planning area. Objective 5.1 Make non-industrial properties in areas with a dominant industrial character compatible with the prevailing land use scheme. Action Item 10 Upzone DR & SF- zoned property in highly industrial areas to allow for industrial or commercial development. (Implementer: NPZD 2 NPA-2020-0014.02 2 of 25B-11 LAND USE DESCRIPTIONS EXISTING LAND USE ON THE PROPERTY Industry - Areas reserved for manufacturing and related uses that provide employment but are generally not compatible with other areas with lower intensity use. Industry includes general warehousing, manufacturing, research and development, and storage of hazardous materials. Purpose 1. To confine potentially hazardous or nuisance‐creating activities to defined districts; 2. To preserve areas within the city to increase employment opportunities and increased tax base; 3. To protect the City’s strategic advantage as a high tech job center; and 4. To promote manufacturing and distribution activities in areas with access to major transportation systems. Application 1. Make non‐industrial properties in areas with a dominant industrial character compatible with the prevailing land use scheme; 2. Where needed, require a buffer area for industrial property that abuts residentially used land; 3. Industry should be applied to areas that are not appropriate for residential or mixed use development, such as land within the Airport Overlay; 4. In general, mixed use and permanent residential activities are not appropriate in industrial areas. An exception may be the edge of an industrial area along the interface with an area in which residential activities are appropriate. Such exceptions should be considered case by case, with careful attention to both land use compatibility and design; 5. Industry should not be either adjacent to or across the road from single family residential or schools; 6. Use roadways and/or commercial or office uses as a buffer between residential and industry; and 7. Smaller scale “local manufacturing” districts may be appropriate in some locations to preserve employment opportunities and cottage industries of local artisans. In these areas, 3 NPA-2020-0014.02 3 of 25B-11 hazardous industrial uses (i.e. basic industry, recycling centers, and scrap yards) should be prohibited. 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 4 NPA-2020-0014.02 4 of 25B-11 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 proposed mixed use development that includes 258 residential units would provide additional housing for the area and the City, but placing these residential uses in an industrial area is not supported by staff. 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 located in the McKinney Jobs Center where adding residential uses is not supported by staff. 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 not located on an activity corridor, but is located in the McKinney Job Center where industrial uses are encouraged. Residential uses are not supported in this area. 4. Expand the number and variety of housing choices throughout Austin to meet the financial and lifestyle needs of our diverse population. • The proposed project to build 258 residential units would expand the number of housing choices, however, placing them in an industrial area is not supported by staff. 5. Ensure harmonious transitions between adjacent land uses and development intensities. • The applicant’s request to change the land use from Industry to Mixed Use to allow 258 residential uses is not supported in this area where the predominant land use and zoning is industrial. 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 but parts of the property are in the flood plain and critical water quality zones. 5 NPA-2020-0014.02 5 of 25B-11 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 is no cultural or historic 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. 10. Expand the economic base, create job opportunities, and promote education to support a • Not directly applicable.. strong and adaptable workforce. • Not directly applicable. creative art forms. • Not applicable. 11. Sustain and grow Austin’s live music, festivals, theater, film, digital media, and new 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. • Not applicable. 6 NPA-2020-0014.02 6 of 25B-11 Proximity to Imagine Austin Activity Centers, Corridors and the Airport 7 NPA-2020-0014.02 7 of 25B-11 Proximity to Parks 8 NPA-2020-0014.02 8 of 25B-11 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. 9 NPA-2020-0014.02 9 of 25B-11 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 application was filed on July 31, 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 from Industry to Mixed Use. The applicant proposes to change the zoning on the property from LI-CO-NP to GR-MU-NP to build a mixed use project that will include 258 residential units. For more information on the proposed zoning change request, please see the case report for C14-2020-0101. 10 NPA-2020-0014.02 10 of 25B-11 PUBLIC MEETINGS: The ordinance-required community meeting was held virtually on October 19, 2020. Approximately 51 community 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 that requested notification for the area through the Community Registry. Three city staff members attended the meeting, in addition to Michael Whellan and Michael Gaudini from Armbrust and Brown, agents representing the property owner. Other attendees were Bethany Fadel representing the property owner and six people from the neighborhood and/or neighborhood plan contact team. The video recording of the community meeting can be found here: https://www.speakupaustin.org/npa. Michael Whellan, the applicant’s agent, said the property mainly allows industrial uses, but they would like to instead have a mixed use project with ground-floor retail and 258 residential units. They feel this would be a more community-friendly project than an industrial site. The project would not increase the allowable height or the building envelope, the main request would prohbit industrial uses but allow residential and commercial uses. The current zoning is LI-CO-NP which covers most of the site. There is a smaller portion that is already zoned GR-MU-NP that allows residential and commercial uses. They want the entire site to be zoned GR-MU-NP. Mr. Whellan stated there are site constraints on the property. Part of the property is within the Airport Overlay Zone and part is within the flood plain, which takes up a large portion of the property. In addition, there is the critical water quality zone that is beyond the flood plain area. The developer would have to avoid building in these areas and can only build on the remaining part of the property that is near Burleson Road. He said because of the water quality constraints, the property is not conducive to industrial development. Mr. Whellan then presented the site development chart that is provided in his presentation at the back of this report. There were no questions from the attendees. CITY COUNCIL DATE: January 27, 2021 ACTION: Pending 11 NPA-2020-0014.02 11 of 25B-11 Applicant’s Summary Letter from Application 12 NPA-2020-0014.02 12 of 25B-11 Letter of Recommendation from the Neighborhood Plan Contact Team (NPCT) 13 NPA-2020-0014.02 13 of 25B-11 14 NPA-2020-0014.02 14 of 25B-11 15 NPA-2020-0014.02 15 of 25B-11 16 NPA-2020-0014.02 16 of 25B-11 17 NPA-2020-0014.02 17 of 25B-11 18 NPA-2020-0014.02 18 of 25B-11 19 NPA-2020-0014.02 19 of 25B-11 20 NPA-2020-0014.02 20 of 25B-11 21 NPA-2020-0014.02 21 of 25B-11 Applicant’s Presentation from the Community Meeting 22 NPA-2020-0014.02 22 of 25B-11 23 NPA-2020-0014.02 23 of 25B-11 24 NPA-2020-0014.02 24 of 25B-11 25 NPA-2020-0014.02 25 of 25B-11