B-13 (NPA-2020-0002.01 - Fair Market; District 3).pdf — original pdf

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Planning Commission: July 13, 2021 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NEIGHORHOOD PLAN: East Cesar Chavez/Plaza Saltillo (TOD) Station Area Plan CASE#: NPA-2020-0002.01 PROJECT NAME: Fair Market PC DATE: July 13, 2021 June 22, 2021 June 8, 2021 DATE FILED: July 30, 2020 (In-cycle) ADDRESS/ES: 1100, 1108, 1110 E. 5th Street and 502, 504 Waller Street DISTRICT AREA: 3 SITE AREA: 0.874 acres OWNER/APPLICANT: Montwalk Holdings, Ltd. (R. Cullen Powell) AGENT: Armbrust & Brown, PLLC (Richard T. Suttle, Jr.) CASE MANAGER: Maureen Meredith, Housing & Planning Dept. (512) 974-2695 PHONE: STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation From: Specific Regulating District To: Specific Regulating District (There is no proposed change to the future land use map. The applicant proposes to change the maximum building height from 60 feet to 85 feet) Base District Zoning Change Related Zoning Case: C14-2021-0061 From: TOD-NP To: TOD-NP NEIGHBORHOOD PLAN ADOPTION DATE: East Cesar Chavez Plan adopted May 13, 1999. Plaza Saltillo (TOD) Station Area plan adopted December 11, 2008. 1 1 of 32B-13Planning Commission: July 13, 2021 PLANNING COMMISSION RECOMMENDATION: July 13, 2021 – [action pending] June 22, 2021- Postponed to July 13, 2021 on the consent agenda at the request of staff due to a notification error. [G. Cox – 1st; J. Shieh – 2nd] Vote: 12 -0 [S. R. Praxis absent]. June 8, 2021 – Postponed to June 22, 2021 on the consent agenda at the request of staff. [A. Azhar – 1st; J. Mushtaler – 2nd] Vote: 11-0 [J. Shieh and Y. Flores absent]. STAFF RECOMMENDATION: Staff supports the applicant’s request to increase the building height from a maximum of 60 feet to a maximum of 85 feet. If approved, the change will amend in the Plaza Saltillo Station Area (TOD) Plan document. There is no change to the future land use map. BASIS FOR STAFF’S RECOMMENDATION: The proposed development is an office and retail development. The property is located within the Plaza Saltillo Activity Center and is less than 600 feet south of E. 7th Street which is an Activity Corridor. The property is approximately ¼-mile from the Plaza Saltillo Station. Increased density at this location is appropriate. Below are sections from the East Cesar Chavez Neighborhood Plan: 1. Land Use, Zoning and Neighborhood Character Neighborhood Vision: The neighborhood envisions commercial corridors that are safe and pedestrian-friendly. These corridors should be mixed use residential, commercial and include civic elements. Mixed residential and retail uses, such as stores with residences above are encouraged. Development should be compatible with the existing neighborhood, economically and environmentally sustainable and conducive to a blend of vibrant economic activity and quality of life. The neighborhood envisions open spaces, plazas and market places that contribute to friendly street activity. Compatible development is desired to preserve the beauty of the neighborhood and should accommodate existing families. They would like the barrier effect of IH-35 reduced and stronger connections between the East Cesar Chavez Neighborhood and downtown should be developed. The neighborhood will work to retain the history, culture and diversity of the neighborhood and provide visual landmarks to highlight the history and cultural heritage. Goal 1: Provide zoning for a mix of business and residential land uses in the commercial corridors and selected other commercial areas. Primary resources: City of Austin and Travis County Tax Appraisal District Objective 2: Encourage more retail and commercial services within walking distance of residents. 2 2 of 32B-13Planning Commission: July 13, 2021 Goal 2: Ensure that new structures and renovations are compatible with the existing neighborhood and protect homes from incompatible business or industry. Primary resources: City of Austin and public and private sectors Objective 1: Ensure that all new or redevelopment projects are compatible with the existing character of the area in scale, density, design, and parking. LAND USE DESCRIPTIONS EXISTING AND PROPOSED LAND USE ON THE PROPERTY Specific Regulating District - This map designation is intended for areas that have an adopted regulating plan. This district will be identified on the Future Land Use Map, but is not considered a typical land use category. The purpose of this designation is to make the user aware of the Regulating Plan and that it should be reviewed for development regulations. Approved Regulating Plans: 1. Plaza Saltillo TOD Station Area Plan 2. Martin Luther King (MLK) Boulevard TOD Station Area Plan 3. Lamar/Justin TOD Station Area Plan 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 development is an office and general retail project. No residential uses are proposed to be built on-site. To achieve additional density beyond 2:1 FAR the applicant will request to pay a fee-in-lieu of providing affordable units onsite through the Density Bonus program outlined in the Regulating Plan. The property is near public transportation and numerous commercial uses. 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 Plaza Saltillo Activity Center and south of E. 7th Street which is an activity corridor. The Plaza Saltillo area has public transportation with a walkable and bikeable environment. 3 3 of 32B-13Planning Commission: July 13, 2021 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 Plaza Saltillo Activity Center and south of the E. 7th Street which is an activity corridor. The project would be considered a redevelopment and infill site. 4. Expand the number and variety of housing choices throughout Austin to meet the financial and lifestyle needs of our diverse population. • No residential units are proposed to be built on this site. 5. Ensure harmonious transitions between adjacent land uses and development intensities. • The proposed office and general retail development is appropriate in this location. 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 located in the Desired Development 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. • The property is proposed for a six-story office building with ground floor retail and parking; however, part of the proposed development is to convert Medina Street right-of-way to a small park. 8. Protect, preserve and promote historically and culturally significant areas. 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 in a walkable, bikeable area with good public transit access. 4 • To staff’s knowledge there is no historic or cultural significance to this property. 4 of 32B-13Planning Commission: July 13, 2021 10. Expand the economic base, create job opportunities, and promote education to support a strong and adaptable workforce. • The proposed office and general retail development will provide a number of new job opportunities and will expand the economic base. 11. Sustain and grow Austin’s live music, festivals, theater, film, digital media, and new creative art forms. • The property is located near downtown which has numerous live music venues and where various multimedia festivals are held. 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 because the proposed use is not a public facility or service. 5 5 of 32B-13Planning Commission: July 13, 2021 Proximity to Imagine Austin Activity Centers and Corridors 6 6 of 32B-13 Proximity to Park Facilities Planning Commission: July 13, 2021 7 7 of 32B-13Planning Commission: July 13, 2021 Proximity to Public Transportation 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 8 8 of 32B-13Planning Commission: July 13, 2021 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, 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 30, 2020, which is in- cycle for neighborhood planning areas located on the east side of I.H.-35. The existing land use on the future land use map is Specific Regulating District. There is no proposed change to the future land use map. The proposed change is a request to increase the 9 9 of 32B-13Planning Commission: July 13, 2021 building height from 60 feet to a maximum of 85 feet. If approved, this change would be shown in the Plaza Saltillo (TOD) Station Area Plan document. For more information on the proposed changes to the Plaza Saltillo (TOD) Regulating Plan, please see case report C14-2021-0061. Although there is no change to the future land use map, amendments to Station Area Plans located within a city council approved neighborhood plan, must go through the plan amendment process. 25-2-766.23 AMENDMENTS TO STATION AREA PLAN. (A) Council may, by zoning ordinance, amend a station area plan at any time. (B) Amendments to a station area plan may be proposed by land owners not more than once each calendar year for each property owned. (C) For a station area plan that is within an adopted neighborhood plan area, an amendment to the station area plan must be reviewed and approved in accordance with the neighborhood plan amendment process established by council. PUBLIC MEETINGS: The rescheduled ordinance-required community meeting was virtually held on October 14, 2020. The recorded meeting can be found at https://www.speakupaustin.org/npa. The original community meeting was held on September 24, 2020, however, due to an error, the meeting ended before this case could be discussed. A new meeting was held on October 14, 2020. Approximately 426 meeting notices were mailed to people who own property or have a utility account within 500 feet of the property, in addition to neighborhood groups and environmental organizations who requested notification for the area through the Community Registry. Two staff members attended the meeting, in addition to Richard T. Suttle, Jr., the applicant’s agent, and five additional people associated with the application. Sixteen people from the neighborhood attended the meeting. After staff gave a brief presentation outlining the applicant’s request, Richard T. Suttle, Jr., the applicant’s agent, gave a presentation with the following information: • Proposal is to add one additional floor to the building. The community benefit would be a • park on Medina Street and providing affordable housing. Instead of fee-in-lieu, we would try to determine how much money it would be and buy a piece of land within a ¼-mile and build affordable housing in the area rather than putting the money in a bank account that sits there. We will work with all parties to figure out how to implement that. (Update from applicant of June 16, 2021: Back in October when the community meeting was held we thought that would be a possible solution. However, after the community meeting we met with the Housing Department to see if they had any 10 10 of 32B-13Planning Commission: July 13, 2021 appetite for that approach. The response from Housing was that they wanted the fee-in- lieu dollars as opposed to us buying land and building affordable housing within the area). • To go from a maximum building height of 60 feet to 85 feet, we created a diagram that shows the proposed building in relation to the surrounding buildings. It would not be towering out of place but is within the context of other building neither the tallest nor the shortest, it’s somewhere in between. See applicant’s presentation end of this report. After Mr. Suttle’s presentation, the following questions were asked: Q: If the project happens without the additional floor, what would go there? A: It’s in the right-of-way now, there would be no obligation to do anything to it. Q: At one point there was a discussion to put parking underneath the Medina right-of-way. Is that still considered? A: That hasn’t been resolved. It’s a possibility if there were interest, but we would talk with the neighborhood to have parking in that area. We would have to completely excavate that area that is the green space right-of-way, but it’s not an integral part of the plans right now. If the neighborhood was interested in the park, we would have to go the City to get an agreement on the right-of-way, etc. Q: Do you know what the floor-to-ceiling plate is for 901 E. 6th Street? A: The building at 901 E. 6th Street is 80 feet in height. It’s a five-story building with 15 feet floor-to-ceiling height. The 85-foot building is necessary to execute the structural system that we need. There is also pressure to build healthier buildings and those require taller floor-to-ceiling heights. For this current project, we’re asking for 85 feet and six-stories on the Fair Market side. If we’re able to do that then the additional square footage of those floor heights is a marketable thing that allows us to provide the community benefits. If we don’t get the 85 feet, we will build to the 60 feet and there won’t be the park and the affordable housing community benefits. Q: The concern that the neighborhood has is that these kinds of pocket parks between commercial buildings and multifamily buildings tend to only serve the people in those buildings, so it may be challenging to see the added value for that as a big winner in this conversation. A: I agree. I think the big winner on this one is the conversation we could have on affordable housing. Q: One concern I have from the images you showed is that I didn’t see an ADA accessible ramp provided for pedestrians and people like me who ride bikes. A: The City of Austin Parks Department looked into adding ADA ramps and because of the slope, the number of ramps that would be needed to meet the criteria for the slope would basically be covered by ramps and there were be no area left for landscaped space. Q: Is there a targeted tenant for the building or specific industry/use? What is the estimated number of occupants at capacity? 11 11 of 32B-13Planning Commission: July 13, 2021 A: We don’t have a targeted tenant currently. We’re try to determine what we can build there and how large the project will be and at what height before we start marketing anything. Q: You mentioned the fee-in-lieu not being proposed for affordable housing, but instead to find a development partner to do a project so it could benefit the neighborhood. Do you have any idea of how this could work? And do you have any experience doing this? A: We haven’t fleshed out exactly how to do this, but we would like to have more discussions about this instead of just paying money into a fund, we could actually buy some dirt and donate it to some entity to start the process of getting affordable housing on the ground. If we find the right entity and if we use Affordability Unlocked, we could create more family-friendly units than could have been done on the property. Q: I’m interested in some type of investment in safety and security in the area. I’m less concerned about a park, but more concerned for the safety of people who live there. I’ve been robbed and physically assaulted. Also, where is the parking for the building? A: I agree that there are issues about safety and security in the area because I work in the area and we are equally concerned. The addition of the 6th floor will also generate a substantial amount of additional tax revenue to all the taxing authorities which includes the City of Austin and the city is hard-pressed for revenue. For the parking, there will be a five-level underground parking that will serve the building and the public. Q: Can we get a plan in place for the alternative approach for the affordable housing part before the additional height is granted? We were promised a park on unoccupied right-of-way on Medina Street for the previous project on the east side. A: Yes, I would think the neighborhood would want more detail on this because you wouldn’t want to agree to the extra floor and then have us not provide the affordable housing. Q: Will there be retail on the first floor like the rest of 5th Street? A: There has been no final determination made on the uses on the first floor, nor have there been tenants sighed up. There is a possibility for retail on the first floor, but we’re in the position that we will respond to the market. Q: What could you do in the immediate surroundings of your building to increase the security other than placing this on the City of Austin? A: What we’ve done with our other building is high levels of lighting at night and video surveillance. This would provide safety for the residents of the building, but also safety for our neighbors. We would also use lighting and surveillance cameras for the park if that would make the neighborhood feel safe. Q: If you don’t get the park, how will you construct your building on the west side of the building without getting into the ROW? A: If we get into the right-of-way to build our building, our obligation would be to reseed the area and be done. 12 12 of 32B-13Planning Commission: July 13, 2021 Q: For the affordable housing units, in addition to units for families, have you considered making a few small and efficiency apartments for one or two people who work downtown but can afford to live there? A: We could enter this kind of conversation about affordable housing component. If the consensus was a need for single occupancy, we could talk about that, or maybe a mix, but it would also depend on the site and what we could get into it with what the Code would allow. Q: Are you committed to the $1,000,000 allocation to the park if approved? A: The expense of constructing the park is completely tided to the design of the park. There are challenges to the site like the underground utilities. Right now, the property is an unsightly piece of right-of-way. We are committed to making it into an attractive urban park. We’d love to work on the design with the neighboring residents and the neighborhood, but my guess is it will exceed $1,000,000. Q: If the park is built, will it still be considered a park or is it still considered right-of-way? A: We will be responsible for maintaining the park that we built. We don’t have the authority to change the right-of-way status. Q: Has the air-rights for the sixth floor been appraised by a certified appraiser? And has there been a net-public benefit analysis done for this public-private-partnership? A: For the density bonus program, the City determined that it would be $12 per square foot for the additional area that you pay fee-in-lieu for the square footage above what you get as of right. Comments: • Previous requests for additional height have capped out at 75 feet. If we allow you to get 85 feet it would set a precedence on property that don’t have the elevation change that you have that makes the 85 feet appear not so high you showed on your slide. CITY COUNCIL DATE: July 29, 2021 ACTION: 13 13 of 32B-13Summary Letter from Application Planning Commission: July 13, 2021 14 14 of 32B-13Planning Commission: July 13, 2021 15 15 of 32B-13Letter of Recommendation from the East Cesar Chavez Neighborhood Plan Contact Team Planning Commission: July 13, 2021 16 16 of 32B-13Planning Commission: July 13, 2021 17 17 of 32B-13Planning Commission: July 13, 2021 Site 18 18 of 32B-13Planning Commission: July 13, 2021 19 19 of 32B-13Planning Commission: July 13, 2021 20 20 of 32B-13Amend the Base Maximum Building Heights Map in Station Area Plan from 60 ft. to 85 ft. Planning Commission: July 13, 2021 21 21 of 32B-13 Planning Commission: July 13, 2021 22 22 of 32B-13Amend Base Maximum Building Height Map in the Regulating Plan from 60 ft. to 85 ft. Planning Commission: July 13, 2021 23 23 of 32B-13Planning Commission: July 13, 2021 24 24 of 32B-13 Planning Commission: July 13, 2021 25 25 of 32B-13Planning Commission: July 13, 2021 Future Land Use Map Zoning Map 26 26 of 32B-13Applicant Presentation at October 14, 2020 Community Meeting Planning Commission: July 13, 2021 27 27 of 32B-13 Planning Commission: July 13, 2021 28 28 of 32B-13Planning Commission: July 13, 2021 29 29 of 32B-13Planning Commission: July 13, 2021 Correspondence Received From: Gavino Fernandez Sent: Sunday, August 23, 2020 9:56 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Subject: case number npa-2020-0002.01 *** External Email - Exercise Caution *** Meredith, We the members of Barrio Unido neighborhood Association oppose going to 85 ft as per this amendment request . Please list us interested parties with standings in this case please advise. Gavino Fernandez, Jr President Barrio Unido neighborhood Association 512 477 7512 Note from Staff: Mr. Fernandez is on the notification list: 30 30 of 32B-13Planning Commission: July 13, 2021 From: Carl Daywood Sent: Tuesday, July 06, 2021 1:58 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Subject: NPA-2020-0002.01 *** External Email - Exercise Caution *** From Carl Daywood for 1000 E 6th St., 1008 E. 6th St., and 1010 E 6th St. Case Number NPA-2020-0002.01 two public comment forms attached supporting request and in addition I am asking for 120 height restriction on all properties in this area. Emails sent or received shall neither constitute acceptance of conducting transactions via electronic means nor create a binding contract until and unless a written contract is sign by the parties. The Texas Real Estate Commission requires that the public must be supplied with the following link regarding brokerage services: Information on Broker Services Carl Daywood, President Carl Daywood, Realtors w-512-474-8845 C-512-626-8845 31 31 of 32B-13Planning Commission: July 13, 2021 32 32 of 32B-13