B-08 (NPA-2021-0016.03 - 3535 East 7th Street; District 3).pdf — original pdf

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Planning Commission: January 11, 2022 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NEIGHORHOOD PLAN: Govalle/Johnston Terrace (Govalle) Combined CASE#: NPA-2021-0016.03 PROJECT NAME: 3535 East 7th Street PC DATE: January 11, 2022 DATE FILED: July 28, 2021 (In-cycle) December 14, 2021 November 9, 2021 3511, 3525, and 3535 E. 7th Street ADDRESS/ES: DISTRICT AREA: 3 SITE AREA: 1.0734 acres OWNER/APPLICANT: The Elena Herrera Family Bypass Trust AGENT: Drenner Group, P.C. (Amanda W. Swor) CASE MANAGER: Maureen Meredith, Housing and Planning Department (512) 974-2695 PHONE: STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation From: Commercial Base District Zoning Change To: Mixed Use Related Zoning Case: C14-2021-0124 From: CS-CO-NP To: CS-MU-V-CO-NP NEIGHBORHOOD PLAN ADOPTION DATE: March 27, 2003 CITY COUNCIL DATE: To be scheduled ACTION: 1 of 29B-8Planning Commission: January 11, 2022 PLANNING COMMISSION RECOMMENDATION: January 11, 2022 – December 14, 2021 – Postponed to January 11, 2021 at the request of the neighborhood on the consent agenda. [A. Azar – 1st; R. Schneider – 2nd] Vote: 11-0-1 [P. Howard off the dais. J. Shieh absent]. November 9, 2021 – Postponed to December 14, 2021 at the request of the neighborhood on the consent agenda. [C. Hempel – 1st; G. Cox – 2nd] Vote: 9-0 [C. Llanes Pulido abstained. Y. Flores, R. Schneider, and S. R. Praxis absent]. STAFF RECOMMENDATION: Staff supports the applicant’s request for Mixed Use land use. BASIS FOR STAFF’S RECOMMENDATION: The property is located at the southwest corner of East 7th Street and Springdale Road, both of which are Activity Corridors as identified on the Imagine Austin Growth Concept Map. Mixed Use land use is appropriate in this location. Below of sections of the Govalle/Johnston Terrace Plan that supports the request. 2 2 of 29B-8Planning Commission: January 11, 2022 LAND USE DESCRIPTIONS EXISTING LAND USE ON THE PROPERTY Commercial -Lots or parcels containing retail sales, services, hotel/motels and all recreational services that are predominantly privately owned and operated for profit (for example, theaters and bowling alleys). Included are private institutional uses (convalescent homes and rest homes in which medical or surgical services are not a main function of the institution), but not hospitals. Purpose 6. Encourage employment centers, commercial activities, and other non‐ residential development to locate along major thoroughfares; and 2. Reserve limited areas for intense, auto‐oriented commercial uses that are generally not compatible with residential or mixed use environments. Application major highways; and 6. Focus the highest intensity commercial and industrial activities along freeways and 2. Should be used in areas with good transportation access such as frontage roads and arterial roadways, which are generally not suitable for residential development. PROPOSED LAND USE ON THE PROPERTY Mixed Use – An area that is appropriate for a mix of residential and non‐residential uses. 3 3 of 29B-8Planning Commission: January 11, 2022 Purpose 6. 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 6. 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 6. Apply to areas where vertical mixed use development is encouraged such as Core Transit Corridors (CTC) and Future Core Transit Corridors. 4 4 of 29B-8Planning Commission: January 11, 2022 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 will include residential units that will provide more housing units for the City. The property is near public transportation and located along a busy commercial corridor. 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 at the southwest corner of two activity corridors with access to public transportation in a somewhat walkable and bikeable environment. 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 at the southwest corner of East 7th Street and Springdale Road which are designated as Activity Corridors where mixed use land use is appropriate. 4. Expand the number and variety of housing choices throughout Austin to meet the financial and lifestyle needs of our diverse population. • The proposed zoning of CS-MU-V-CO-NP would allow for residential uses that could expand the number and variety of housing choices. 5. Ensure harmonious transitions between adjacent land uses and development intensities. • The property is located at the southwest corner of East 7th Street and Springdale Road which are designated as Activity Corridors where mixed use land use is appropriate. 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 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 nearest public park to the property is the Govalle Neighborhood Park located approximately one mile northeast of the property. 8. Protect, preserve and promote historically and culturally significant areas. 5 5 of 29B-8 • To staff’s knowledge there is no historic or cultural significance to this property. Planning Commission: January 11, 2022 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 along a busy corridor within walking and biking distance to numerous services. 10. Expand the economic base, create job opportunities, and promote education to support a strong and adaptable workforce. • The proposed mixed-use building with commercial uses could provide a limited number of jobs. creative art forms. 11. Sustain and grow Austin’s live music, festivals, theater, film, digital media, and new • Not directly applicable, but the proposed mixed-use development could provide patrons to Austin’s various art forums. 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. The proposed development is not a public facility. 6 6 of 29B-8Proximity to Imagine Austin Activity Corridors and Centers Planning Commission: January 11, 2022 7 7 of 29B-8Planning Commission: January 11, 2022 Proximity to Public Parks 8 8 of 29B-8Planning Commission: January 11, 2022 Proximity to Public Transportation 9 9 of 29B-8Planning Commission: January 11, 2022 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 10 10 of 29B-8Planning Commission: January 11, 2022 dentists, shops, branch libraries, dry 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 application was filed on July 28, 2021, 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 (FLUM) from Commercial to Mixed use land use. 11 11 of 29B-8Planning Commission: January 11, 2022 The applicant proposes to change the zoning on the property from CS-CO-NP to CS-MU-V- CO-NP for a multifamily development with ground-floor retail. For more information on the proposed zoning case, please see case report C14-2021-0124. PUBLIC MEETINGS: The ordinance-required community meeting was virtually held on October 6, 2021. The recorded meeting can be found at https://www.speakupaustin.org/npa. Approximately 237 community meeting notices were mailed to people who rent or own property within 500 feet of the subject property, in addition to neighborhood and environmental groups registered on the Community Registry who requested notification for the area. Two staff members attended the meeting, Maureen Meredith and Mark Walters. The applicant’s agents in attendance were Amanda Swor and Aneil Naik from Drenner Group. The property owners Robert Rangel, Mario Rangel and Barbara VanDyke Rangel were in attendance along with one person from the neighborhood. After city staff gave a brief presentation, Amanda Swor, the applicant’s agent gave a presentation with the following information. Her presentation is included at the back of this report. • The area to be rezoned covers a larger area than the land area under NPA case. • The part of the property to the west already has the Mixed Use land use on the FLUM so it is not part of the NPA request. • There is small piece of land that is outlined in blue along E. 7th Street frontage. This is owned by the City of Austin as old right-of-way that was going to be a bus stop. • The property has a mix of zoning and we want to rezone the entire property to CS- MU-V-CO-NP carrying over the conditional overlay from the neighborhood plan. • The proposal is to build a mixed-use building that will have pedestrian-oriented uses along the frontage of E. 7th Street. • The property has residential uses existing to the south and across from E. 7th Street so compatibility standards will apply to the property which will step-back the buildings. • Under CS zoning the maximum height would be 60 feet, but with compatibility standards we think the maximum height will be 40 feet. • The prohibited uses under the CO would be adult oriented uses, kennels, residential treatment, campgrounds, pawn shop services, vehicle storage. • The conditional uses under the CO would be agricultural sales and service, construction sales and services, limited warehousing and distribution, equipment repair services, building maintenance services, laundry service and equipment sales. Q: Can you talk some more about what is proposed to be built: A: It will most likely be a Vertical Mixed Use building where the regulations require that 75% of the frontage along E. 7th Street have pedestrian-oriented uses. This will be different types of commercial uses along the ground floor and will serve the community and people walking by the property. The residential uses on top of the commercial uses will more likely be for-sale residential. 12 12 of 29B-8Planning Commission: January 11, 2022 Q: Can you go over the maximum height? A: Under the current and proposed zoning the maximum height would be 60 feet, but because the property is subject to compatibility standards, the highest the buildings could be is a maximum of 40 feet. Q: Would the restaurant stay that is currently on the property? A: We don’t know yet because we have discussed different potential uses, but I imagine a restaurant will be on the property whether it is this restaurant or another restaurant. Ultimately, it will be up to the person who buys the property and develops it. Q: Do you have an idea of how many commercial uses and residential units will be included? A: Until we get the zoning there is no point talking to an architect. I would imagine there would be uses like a coffee shop, restaurant, dry cleaner, those types of businesses. Q: Will the neighborhood get a chance to see what will be built before it’s built? A: When a site plan is submitted you will get notified in the mail and the notice will have staff and engineer contact information so you can call them to get info on the development plans. Comment: • I’m too concerned about the proposed development, but I’m concerned how the construction phase. There was development nearby that disrupted our streets for years. 13 13 of 29B-8Applicant Summary Letter from Application Planning Commission: January 11, 2022 14 14 of 29B-8Planning Commission: January 11, 2022 15 15 of 29B-8Planning Commission: January 11, 2022 Letter of Recommendation from the Govalle/Johnston Terrace Neighborhood Plan Contact Team (NPCT) (No letter received as of January 4, 2021) 16 16 of 29B-8Planning Commission: January 11, 2022 Neighborhood Postponement Request from Nov. 9, 2021 to December 14, 2021 PC Hearing From: Daniel Llanes Sent: Tuesday, November 9, 2021 4:01 PM To: Chaffin, Heather <Heather.Chaffin@austintexas.gov> Cc: Rivera, Andrew <Andrew.Rivera@austintexas.gov>; Amanda Swor Amie Arfman Meredith, Maureen <Maureen.Meredith@austintexas.gov> Subject: Re: POSTPONEMENT REQUEST: case # NPA 2021-0016.03 & C14- 2021-0124 - 3511, 3525 and 3535 E. 7th Street Hi Heather, we agree to the 14th. Thanks, Daniel ………… From: Daniel Llanes < Sent: Monday, November 8, 2021 6:22 AM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Cc: Chaffin, Heather <Heather.Chaffin@austintexas.gov>; Amanda Swor <aswor@drennergroup.com>; Amie Arfman <aarfman@drennergroup.com> Subject: POSTPONEMENT REQUEST: case # NPA 2021-0016.03 & C14-2021- 0124 - 3511, 3525 and 3535 E. 7th Street *** External Email - Exercise Caution *** Hi Maureen, We met with Amanda and her client at our Nov, 6th Contact Team meeting, they presented, there was discussion and we all decided that we need more to continue our dialogue, so we formed a sub committee to negotiate a proposal for Contact Team consideration and recommendation. We are requesting a postponement of the planning commission date from Nov. 9, 2021 to the latest possible date in December. Thank you, Daniel Llanes, Chair G/JTNP Contact Team 512-431-9665 ………….. 17 17 of 29B-8Planning Commission: January 11, 2022 18 Site 18 of 29B-8Planning Commission: January 11, 2022 19 19 of 29B-8Planning Commission: January 11, 2022 20 20 of 29B-8Planning Commission: January 11, 2022 21 21 of 29B-8Planning Commission: January 11, 2022 22 22 of 29B-8Planning Commission: January 11, 2022 23 23 of 29B-8Planning Commission: January 11, 2022 24 24 of 29B-8 Applicant’s Presentation at the October 6, 2021 Community Meeting Planning Commission: January 11, 2022 25 25 of 29B-8 Planning Commission: January 11, 2022 26 26 of 29B-8 Planning Commission: January 11, 2022 27 27 of 29B-8Planning Commission: January 11, 2022 28 28 of 29B-8Planning Commission: January 11, 2022 29 29 of 29B-8