B-02 (C14-2020-0075 - Woodland on IH35, District 9).pdf

Planning Commission – Aug. 10, 2021

B-02 (C14-2020-0075 - Woodland on IH35, District 9).pdf — original pdf

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C14-2020-0075 1 ZONING CHANGE REVIEW SHEET CASE: C14-2020-0075 – Woodland on IH35 DISTRICT: 9 ZONING FROM: GR-NP TO: MF-6-CO-NP, as amended ADDRESS: 1829 S IH 35 SVRD NB SITE AREA: 1.07 acres PROPERTY OWNER: Woodland on IH35 Properties LLC (Gopal Guthikonda) AGENT: Thrower Design (Ron Thrower and Victoria Haase) CASE MANAGER: Kate Clark (512-974-1237, kate.clark@austintexas.gov) STAFF RECOMMENDATION: Staff recommends multifamily residence highest density-conditional overlay-neighborhood plan (MF-6-CO-NP) combining district zoning. The CO would be for a 25-foot vegetive buffer along the eastern property boundary. For a summary of the basis of staff’s recommendation, see page 2. PLANNING COMMISSION ACTION / RECOMMENDATION: August 10, 2021 Scheduled for Planning Commission October 13, 2020 Approved applicant’s request for indefinite postponement. Vote: 12-0. [Commissioner Thompson - 1st, Commissioner Azhar - 2nd; District 2 Vacant Seat]. CITY COUNCIL ACTION: August 26, 2021 Scheduled for City Council ORDINANCE NUMBER: ISSUES Staff has received comments in opposition and in favor of this rezoning request. For all written or emailed comments, please see Exhibit C: Correspondence Received. 1 of 31B-2C14-2020-0075 2 A petition in opposition to this rezoning request has been filed. Please see Exhibit D: Formal Petition for a current map of the petition area, corresponding property owners and their signatures. The current percentage for this petition is 20.19% making this a valid petition. On June 23, 2021 the applicant amended their rezoning request to MF-6-CO-NP. The applicant’s amended request is included in Exhibit E: Amended Rezoning Request. CASE MANAGER COMMENTS: This property is approximately 1.07 acres in size and is mostly undeveloped. It is only accessible from the northbound service road of IH35. Current zoning adjacent to the property include: CS- NP to the north, SF-3 to the east and LO-NP to the south. Adjacent to the west is IH35 right-of- way and is not zoned. Per the applicant’s rezoning application and amended request, they are requesting MF-6-CO-NP to build a multifamily development with up to 174 units. The future land use map (FLUM) designates this property as commercial and therefore requires a neighborhood plan amendment (NPA) to be considered with the rezoning request. Please refer to NPA case number NPA-2020- 0021.01. BASIS OF RECOMMENDATION: 1. Intensive multi-family zoning should be located on major arterials and highways. The MF-6 base zoning district is the highest intensity multifamily zoning district. This property is only accessible from the frontage road of IH35 which is classified as a Level 4 street within the Austin Strategic Mobility Plan. Rezoning this property to MF-6-CO-NP would allow for the potential of new residential units along a major transit corridor. EXISTING ZONING AND LAND USES: Zoning Land Uses Undeveloped and parking for building north of site. Site North South East West GR-NP CS-NP LO-NP SF-3-NP Administrative and Business Offices Administrative and Business Offices Single-family residential IH35 right-of-way Transportation (highway) NEIGHBORHOOD PLANNING AREA: East Riverside/Oltorf Combined (Riverside) NP Area TIA: The TIA should be deferred to the site plan application when land uses, and intensities will be finalized. 2 of 31B-2C14-2020-0075 3 WATERSHED: Harper’s Branch Creek Watershed (urban) OVERLAYS: Residential Design Standards SCHOOLS: Linder Elementary, Lively Middle and Travis High Schools. NEIGHBORHOOD ORGANIZATIONS Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin Crossing Gardenhome Owners Assn. (The) Del Valle Community Coalition East Riverside/Oltorf Neighborhood Plan Friends of Austin Neighborhoods Friends of Riverside ATX Neighborhood Greater South River City Combined Homeless Neighborhood Association AREA CASE HISTORIES: Neighborhood Empowerment Foundation Pleasant Valley Preservation Austin SELTexas Sierra Club, Austin Regional Group South Central Coalition South River City Citizens Assn. Southeast Austin Neighborhood Alliance Zoning Committee of South River City Citizens Number Request Commission City Council GR-MU-CO-NP to MF-6-CO-NP GR-CO-NP to CS-CO-NP C14-2017- 0016.SH Aria Grand 1800 S IH35 SVRD SB C14-2012-0100 Woodland Commercial Park 1640 S IH35 SVRD SB To approve MF-6-CO- NP as Commission recommended. (5/18/17) To approve CS-CO-NP as Commission recommended. (8/8/13) To grant MF-6-CO-NP; CO was to restrict height to 68 feet, impervious cover to 65% and to maintain some of the existing COs from the existing ordinance. To grant CS-CO-NP; CO was to prohibit a set of land uses, vehicular access, provide a vegetative buffer, certain materials were prohibited onsite and set hours of operation. RELATED CASES: NPA-2020-0021.01: this is the associated NPA case being reviewed in conjunction with the rezoning request. 3 of 31B-2C14-2020-0075 4 SP-2020-0068C: see Site Plan review comment (SP 2) below. C14-05-0112: This was the East Riverside Neighborhood Plan Rezoning case (Ordinance No. 20061116-057). The base zoning district of this property was not changed during this process. EXISTING STREET CHARACTERISTICS: Street ROW Pavement Classification Sidewalks Bike Route Capital Metro (within ¼ mile) S IH 35 SVRD NB ~402’ Defer to TxDOT 30’ 4 Yes Yes OTHER STAFF COMMENTS: Environmental 1. The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Harper’s Branch 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 square feet cumulative is exceeded, and on site control for the two-year storm. 7. At this time, no information has been provided as to whether this property has any preexisting approvals that preempt current water quality or Code requirements. 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. There is a site plan currently under review for this property (SP-2020-0068C) which provides for a mixed use office/retail/restaurant building, along with associated parking and 4 of 31B-2C14-2020-0075 5 drainage facilities. The use proposed under this site plan would not be permitted in MF-6-CO-NP zoning. SP 3. The site is subject to compatibility standards. Along the east property line, 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. feet of the property line. c. No structure in excess of three stories or 40 feet in height may be constructed within 100 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 4. Additional design regulations will be enforced at the time a site plan is submitted. The Austin Strategic Mobility Plan (ASMP), adopted 04/11/2019, recommends that right-of-way needs be deferred to TxDOT. A traffic impact analysis should also be deferred to the site plan application when land uses, and intensities will be finalized. Transportation Austin Water Utility The landowner intends to serve the site with City of Austin water and wastewater utilities. The landowner, at own expense, will be responsible for providing any water and wastewater utility improvements, offsite main extensions, utility relocations and or abandonments required by the land use. The water and wastewater utility plan must be reviewed and approved by Austin Water for compliance with City criteria and suitability for operation and maintenance. Depending on the development plans submitted, water and or wastewater service extension requests may be required. 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 fee once the landowner makes an application for a City of Austin water and wastewater utility tap permit. 5 of 31B-2C14-2020-0075 6 INDEX OF EXHIBITS TO FOLLOW Exhibit A: Zoning Map Exhibit B: Aerial Map Exhibit C: Correspondence Received Exhibit D: Formal Petition Exhibit E: Amended Rezoning Request 6 of 31B-2A123TRACT 152137429BTRACT A117956199A11125223029-A61122471314101634632688A101136181-A42526491112-A2-B2837620281715317333316112195894412113514184531382110458222331102521171013175213TRACT B1611963728146C14-2020-0075CS-NPMF-3-NPGO-NPGO-NPSF-3-NPGR-MU-CO-NPGR-NPMF-6-CO-NPGR-NPSF-3-NPGR-CO-NPCS-CO-NPSF-3-NPLO-NPSF-3-NPLO-NPSF-3SF-3-NPSF-3-NPSF-3-NPLOSF-3-NPLO-NPCS-1-CO-NPGR-MU-CO-NPSF-3-NPMARIPOSADRSYLVANDRTAYLORGAINES STSUMMIT STANTLER DRMATAGORDA STE OLTORFTO IH 35NB RAMPWOODLAND AVEFAWN DRSYLVAN DRDEERFIELD DRWOODLANDTO IH 35SB RAMPS IH 35 SVRD SBS IH 35 NBS IH 35 SVRD NBS IH 35 SBJ20J19±This map has been produced by the Communications Technology Management Dept. on behalf of thePlanning Development Review Dept. for the sole purpose of geographic reference. No warranty is madeby the City of Austin regarding specific accuracy or completeness.ZONING CASE#:LOCATION:SUBJECT AREA:GRID:MANAGER:C14-2020-00751829 S IH 35 SR NB1.068 ACRESJ20KATE CLARK1'' = 200'ZONING BOUNDARYCREEK BUFFERPENDING CASE!!!!!!SUBJECT TRACTWoodland on IH357 of 31B-2A123TRACT 152137429BTRACT A117956199A11125223029-A61122471314101634632688A101136181-A42526491112-A2-B2837620281715317333316112195894412113514184531382110458222331102521171013175213TRACT B1611963728146C14-2020-0075CS-NPMF-3-NPGO-NPGO-NPSF-3-NPGR-MU-CO-NPGR-NPMF-6-CO-NPGR-NPSF-3-NPGR-CO-NPCS-CO-NPSF-3-NPLO-NPSF-3-NPLO-NPSF-3SF-3-NPSF-3-NPSF-3-NPLOSF-3-NPLO-NPCS-1-CO-NPGR-MU-CO-NPSF-3-NPMARIPOSADRSYLVANDRTAYLORGAINES STSUMMIT STANTLER DRMATAGORDA STE OLTORFTO IH 35NB RAMPWOODLAND AVEFAWN DRSYLVAN DRDEERFIELD DRWOODLANDTO IH 35SB RAMPS IH 35 SVRD SBS IH 35 NBS IH 35 SVRD NBS IH 35 SBJ20J19Copyright nearmap 2015±This map has been produced by the Communications Technology Management Dept. on behalf of thePlanning Development Review Dept. for the sole purpose of geographic reference. No warranty is madeby the City of Austin regarding specific accuracy or completeness.ZONING CASE#:LOCATION:SUBJECT AREA:GRID:MANAGER:C14-2020-00751829 S IH 35 SR NB1.068 ACRESJ20KATE CLARK1'' = 200'ZONING BOUNDARYCREEK BUFFERPENDING CASE!!!!!!SUBJECT TRACTWoodland on IH358 of 31B-2Clark, Kate From: Sent: To: Cc: Subject: Meredith, Maureen Tuesday, September 15, 2020 3:54 PM Lawrence Sunderland Clark, Kate RE: 1829 S. IH-35 SVRD NB Thank you for your input. Staff will add your email to our case reports as the cases move forward to Planning Commission and City Council. Maureen From: Lawrence Sunderland Sent: Tuesday, September 15, 2020 3:17 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Subject: 1829 S. IH‐35 SVRD NB *** External Email - Exercise Caution *** Plan Amendment Case #: NPA-2020-0021.01 Zoning Case #: C14-2020-0075 Property address: 1829 S. IH-35 SVRD NB I approve of this amendment. It conforms to the desires of the participants of the EROC Neighborhood Plan Adopted on 11/16/2006 Page 151: the majority of those questioned said new apartments, townhouses, and/or condominiums would be acceptable along major corridors. Larry CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 1 9 of 31B-2Clark, Kate From: Sent: To: Cc: Subject: David Todd Tuesday, October 6, 2020 9:09 AM Clark, Kate Meredith, Maureen Re: C14-2020-0075 Thanks for your response. In the future, I hope that the description of the proposed zoning change highlights the practical implications of the change, particularly the height change. I imagine that most people who got the mail‐out were not aware of that. I was not. While I heartily support more high‐density development along our heavy‐traffic roads, such as IH‐35, I think that they should not exceed 60' when they adjoin single‐family dwellings. David 1 10 of 31B-2Clark, Kate From: Sent: To: Subject: Malcolm Yeatts Tuesday, October 6, 2020 5:51 PM Clark, Kate NPA-2020-0021.01 *** External Email - Exercise Caution *** The EROC Contact Team has voted on the EROC Plan Amendment NPA‐2020‐0021.01. The Contact Team overwhelmingly voted to oppose this Plan Amendment. The EROC Contact Team has supported a number of affordable projects, but the Team cannot support this project because it sets a precedent for removing compatibility and set‐back requirements with single family neighborhoods. The number one goal of the EROC Plan is: “Preserve and enhance the character of existing residential neighborhoods”. (Page 10 of the EROC Plan) The EROC Contact Team considers the potential of this project to reduce the residential character of the neighborhood not worth the price of adding some units at 80% MFI. Roy Scruggs forwarded your email notifying him that the applicant has requested an indefinite postponement. Did the applicant give any reason for asking for the indefinite postponement? Thank you, Malcolm Yeatts Chair, EROC Contact Team CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 1 11 of 31B-2Clark, Kate From: Sent: To: Subject: David Todd Tuesday, August 3, 2021 9:26 AM Meredith, Maureen; Clark, Kate Case NPA-2020-0021.01 *** External Email ‐ Exercise Caution *** David Todd ‐‐ David Todd 1304 Mariposa Drive, #211 Austin, Texas 78704 512‐416‐0400 I support the proposed change of zoning from commercial to multi‐family for Case C14‐2020‐0075, 1829 S IH 35 SVRD NB. Similarly, I support the proposed amendment of the neighborhood plan for the same property, as Case NPA‐2020‐ 0021.01. CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 1 12 of 31B-2W O O D L A N D A V E B D N R V 5 S S IH 3 T MIT S M U S W O O DLAN D AVE B 5 N S IH 3 B D N R V S IH 35 S B D S R V 5 S S IH 3 P M A R B N 5 3 H I O T F R O T L O E S Y LV A N D R O R D A S T W O O DLA N D AV E M A T A G T A S D R O G ATA M F A W N D R A N TLE R D R D E E R F I E L D D R B D S R V 5 S B S IH 3 5 S S IH 3 B 5 N S IH 3 B D N R V 5 S S IH 3 ± BUFFER PROPERTY_OWNER SUBJECT_TRACT PETITION Case#: C14-2020-0075 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 " = 200 ' 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. 13 of 31B-2Case Number: C14-2020-0075 PETITION Total Square Footage of Buffer: Percentage of Square Footage Owned by Petitioners Within Buffer: Date: 7/14/2021 310436.3589 20.19% Calculation: The total square footage is calculated by taking the sum of the area of all TCAD Parcels with valid signatures including one-half of the adjacent right- of-way that fall within 200 feet of the subject tract. Parcels that do not fall within the 200 foot buffer are not used for calculation. When a parcel intersects the edge of the buffer, only the portion of the parcel that falls within the buffer is used. The area of the buffer does not include the subject tract. TCAD ID Address Owner Signature Petition Area Precent 0304040427 1700 FAWN DR AUSTIN 0304040802 1629 WOODLAND AVE AUSTIN 0304040818 1825 S INTERSTATE HY 35 78704 0304040808 1812 MATAGORDA ST AUSTIN 78741 0304040806 1808 MATAGORDA ST 78741 0304040805 1806 MATAGORDA ST AUSTIN 78741 0304040810 1900 MATAGORDA ST AUSTIN 78741 0304040125 1700 DEERFIELD DR 78741 0304040403 1701 DEERFIELD DR 78741 0304040807 1810 MATAGORDA ST AUSTIN 78741 0304040809 1814 MATAGORDA ST AUSTIN 78741 0304040428 1811 MATAGORDA ST AUSTIN 78741 0304040822 1925 S INTERSTATE HY 35 78741 0304040824 1833 S INTERSTATE HY 35 78741 0304040823 1901 S INTERSTATE HY 35 78741 0304040804 1804 MATAGORDA ST 78741 0304040819 1713 S INTERSTATE HY 35 78704 0304040803 1631 WOODLAND AVE 78741 Total BROOKS DAVID B & ASHLEY M BROWN ANDREW HARRIS CENTRAL SOUTH CARPENTERS DIXON F KEMP & LEA ANN GONZALEZ SALVADOR & HARDY VESSIE E HAYES ROLAND C KILAEN LAURA SKYE & KYLE LINDA J RITTEREISER SUSAN B SALDANA LOUIS SCRUGGS RACHEL ANNA LIFE ESTATE STATE OF TEXAS TEXAS ASSN OF SCHOOL PRINCIPAL TEXAS ASSN OF SCHOOL PRINCIPAL THEIS JOSEPH UNITED STATES OF AMERICA WESTBROOK PILAR & JOHN MELODY yes yes no no yes yes yes no no yes no yes no no no yes no yes 3359.94 5985.37 71218.90 9518.52 10278.65 9866.52 5157.88 5810.48 6338.31 9749.82 9591.62 4122.34 43944.99 26491.33 22573.45 11345.05 23484.31 2811.27 1.08% 1.93% 0.00% 0.00% 3.31% 3.18% 1.66% 0.00% 0.00% 3.14% 0.00% 1.33% 0.00% 0.00% 0.00% 3.65% 0.00% 0.91% 281648.77 20.19% 14 of 31B-215 of 31B-216 of 31B-217 of 31B-218 of 31B-219 of 31B-220 of 31B-221 of 31B-222 of 31B-223 of 31B-224 of 31B-225 of 31B-226 of 31B-227 of 31B-228 of 31B-229 of 31B-230 of 31B-2Woodlands on IH35 Properties, LLC 12639 S Hausman Rd, #5102, San Antonio, TX 78249 To Whom so ever may concern As owner of the property at 1829 S IH-35, subject to zoning case C14-2020-0075, we amend our request to include a conditional overlay that requires a 25ft vegetative buffer along the eastern property line. The City of Austin’s requirement for compatibility screening will be met through dense vegetation instead of a privacy fence at the shared property line. We commit to maintaining the existing vegetation with exception of what is necessary to remove for utility infrastructure upgrades required by the city. In that case, disturbed vegetation will be replaced. Reddy Yeluru Manager Woodlands on IH35 Properties, LLC, A Texas Limited Liability Company 31 of 31B-2