B-18 (C14-2021-0128 - ALPHA .95; District 3).pdf — original pdf

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C14-2021-0128 1 ZONING CHANGE REVIEW SHEET CASE: C14-2021-0128 – ALPHA .95 DISTRICT: 3 ZONING FROM: CS-NP TO: CS-MU-NP, as amended ADDRESS: 2404 Thrasher Lane SITE AREA: 0.95 acres PROPERTY OWNER: Alpha Builders Group, Inc. (Gino Shvetz) AGENT: Husch Blackwell, LLC (Nikelle Meade) CASE MANAGER: Kate Clark (512-974-1237, kate.clark@austintexas.gov) STAFF RECOMMENDATION: Staff recommends general commercial services-mixed use-conditional overlay-neighborhood plan (CS-MU-CO-NP) combining district zoning. The CO would be for a maximum of 10 residential units. For a summary of the basis of staff’s recommendation, see page 2-3. PLANNING COMMISSION ACTION / RECOMMENDATION: February 8, 2022 Scheduled for Planning Commission January 25, 2022 Approved Planning Commission’s postponement to February 8, 2022 on the consent agenda. Vote: 10-0. [Commissioner Shieh – 1st, Vice Chair Hempel – 2nd, Commissioner Praxis was off the dais, Commissioners Howard and Mushtaler were absent]. November 9, 2021 Approved applicant’s request to indefinitely postpone on the consent agenda. Vote: 9-0. [Vice Chair Hempel – 1st, Commissioner Cox – 2nd; Commissioner Llanes Pulido abstained; Commissioners Flores, Praxis and Schneider were absent]. October 12, 2021 Approved applicant's request to postpone to November 9, 2021 on the consent agenda. Vote: 9-0. [Commissioner Schneider – 1st, Commissioner Shieh – 2nd; Commissioner Praxis was off the dais; Vice Chair Hempel and Commissioners Azhar and Connolly were absent]. September 28, 2021 Approved neighborhood’s request to postpone to October 12, 2021 on the consent agenda. Vote: 10-0. [Commissioner Azhar – 1st, Commissioner Schneider – 2nd; Commissioners Cox, Praxis and Shieh were absent]. 1 of 16C14-2021-0128 2 CITY COUNCIL ACTION: To be Scheduled for City Council ORDINANCE NUMBER: ISSUES Staff has received comments in opposition to this rezoning request. For all written or emailed comments, please see Exhibit C: Correspondence Received. Natural Gas Pipeline on the Property The Austin Fire Department (AFD) used the Railroad Commission of Texas (TxRRC) GIS Viewer to identify a 12.4-inch diameter natural gas pipeline owned by the Texas Gas Service on the property. The pipeline is currently abandoned but could be returned to service at a future date. If it were to be returned to service, that process would need to comply with 49 CFR Part 192, Transportation of Natural Gas and Other Gas by Pipeline: Minimum Federal Safety Standards. AFD staff has reviewed the proposed rezoning request and did not find any hazardous materials of concern in the vicinity. The natural gas pipeline is not subject to the Hazardous Pipeline provisions in the city’s Land Development Code. AFD has no regulatory authority for the operation or location of natural gas pipelines. On November 9, 2021 staff received a petition opposing the rezoning of this property. The current petition percentage is 20.66%, making this a valid petition. Please see Exhibit D: Formal Petition, for a map of the petition area, list of property owners within the petition buffer and signatures received. On November 10, 2021 staff received a letter from the applicant’s co-agent requesting to amend the rezoning request from SF-6-NP to CS-MU-NP, please see Exhibit E: Amended Rezoning Request. CASE MANAGER COMMENTS: This property is undeveloped and approximately 0.95 acres in size. It is located on the northwestern side of Thrasher Lane. Adjacent zoning to the south consists of CS-NP, to the west is CS-NP and GR-MU-CO-NP and to the north is SF-3-NP. Across Thrasher Lane to the east is CS-MU-NP, please see Exhibit A: Zoning Map and Exhibit B: Aerial Map. Per the applicant’s amended rezoning request, they are now asking to rezone to CS-MU-NP. 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 case no. NPA-2021-0005.01. 2 of 16C14-2021-0128 3 BASIS OF RECOMMENDATION: and development intensities. 1. Zoning should promote a transition between adjacent and nearby zoning districts, land uses, This property is adjacent to CS-NP district zoning to the south and SF-3-NP district zoning to the north. Rezoning this property to CS-MU-CO-NP with a maximum of 10 units would provide a transition in land use and site development intensity between these properties. 2. Zoning should not constitute a grant of special privilege to an individual owner; Granting of the request should result in an equal treatment of similarly situated properties. This property was requested to be rezoned in 2017 (C14-2017-0098). The applicant of that case requested to rezone from CS-NP to CS-MU-NP and later amended their request to SF-5- CO-NP. Staff recommended a CO to limit the maximum number of units to 9. In addition to that case, there have been three rezoning cases in this area that have access to Thrasher Lane (C14-2011-0169, C14-2016-0070 and C14-2017-0125, please see Area Case Histories section below). The most recent of these two cases brought up concerns about additional development of land uses more intense than what SF-6 would allow and, in both cases, prohibited access to Thrasher Lane in some way. Rezoning this property to CS-MU-CO-NP with a maximum of 10 units would be consistent with past treatment of this property and others in the area. EXISTING ZONING AND LAND USES: Zoning Land Uses Site North South East West CS-NP SF-3-NP CS-NP CS-MU-NP GR-MU-CO-NP Undeveloped Single-family residential Multi-family residential Multi-family residential Multi-family residential NEIGHBORHOOD PLANNING AREA: Montopolis TIA: A TIA shall be required at the time of site plan if triggered per LDC 25-6-113. WATERSHED: Carson Creek Watershed OVERLAYS: Airport Overlay (Controlled Compatible Land Use Area), Residential Design Standards, Select Sign Ordinances and Wildland Urban Interface (Proximity Class - Within 1.5 miles of a Wildland Area). 3 of 16C14-2021-0128 4 SCHOOLS: Allison Elementary, Martin Middle and Eastside Memorial High Schools NEIGHBORHOOD ORGANIZATIONS Austin Lost and Found Pets Austin Neighborhoods Council Carson Ridge Neighborhood Association Crossing Gardenhome Owners Assn. (The) Del Valle Community Coalition Del Valle Independent School District East Riverside Corridor Staff Liaison Friends Of Austin Neighborhoods Homeless Neighborhood Association AREA CASE HISTORIES: C14-2017-0125 2514 Thrasher CS-CO-NP to CS-MU-NP Number Request Commission City Council Montopolis Community Alliance Montopolis Neighborhood Plan Contact Team (MNPCT) Montopolis Tributary Trail Association Neighborhood Empowerment Foundation Pleasant Valley Preservation Austin SELTexas Sierra Club, Austin Regional Group Approved CS-MU-CO-NP; CO included a prohibition of residential use within the 1000 foot “Praxair Buffer”; access to Thrasher lane was restricted to 300 trips and Right-of-Way dedication for the extension of Thrasher lane required at the time of site plan. Approved CS-MU-CO-NP; CO included a prohibition of residential units within an area as determined by AFD; a maximum of 300 trips per day and vehicular traffic associated with residential use of the property to/from Thrasher Lane is prohibited except for pedestrian, bicycle, and emergency ingress and egress. Access to the property for all vehicular traffic associated with a residential use shall be from other adjacent public streets or through other adjacent property. (3/8/18). Approved CS-MU-CO-NP and Commission recommended (6/22/17). C14-2016-0113 CS-NP to CS-MU-NP 2509 Montopolis Drive Approved CS-MU-CO-NP; CO was to prohibit dwelling units within 1000 feet of the northern boundary due to hazardous materials near the property. 4 of 16CS-NP to CS-MU-NP C14-2016-0070 Thrasher Lane Lots 2500, 2508 & 2514 Thrasher Lane C14-2015-0099 CS-NP to CS-MU-NP 2407-2409 Montopolis Drive CSK Austin 7016 E. Ben White Boulevard C14-2009-0092 Carson Ridge Development 6503 Carson Ridge RELATED CASES: C14-2021-0128 5 Number Request Commission City Council Approved CS-MU-CO-NP on Tract 1 and CS-CO-NP on Tract 2; CO included limiting site development standards to SF-6 if accessing Thrasher Lane, CS-MU development standards is allowed if vehicle access is not to Thrasher Lane and a maximum of 300 trips per day for Tract 1, and a set of prohibited land uses for both tracts. Approved CS-MU-CO-NP on Tract 1 and CS-CO-NP on Tract 2; CO included a set of prohibited land uses, a maximum of 300 trips per day, and for any use on the property permitted in a district more intense than SF-6 vehicular access is prohibited on to or from Thrasher Lane and must be taken through other public streets or adjacent property. Approved CS-MU-CO-NP; CO was to prohibit a set of land uses. Approved CS-MU-CO-NP as Commission recommended (12/10/15). C14-2011-0169 Approved CS-MU-NP. LI-NP and CS- NP to CS-MU-NP Approved CS-MU-NP as Commission recommended (4/5/12). CS-NP to GR-MU-NP, as amended Approved GR-MU-CO-NP; CO was to limit number of trips. Approved GR-MU-CO-NP as Commission recommended (1/28/10). NPA-2021-0005.01: This is the NPA case being considered with this rezoning application. C14-2017-0098 & NPA-2017-0005.03 (Affordable Dream Homes): the applicant requested to rezone from CS-NP to CS-MU-NP. Applicant later amended their request to SF-5-CO-NP; the CO was to limit the number of units on site to a maximum of 10. Planning Commission approved SF-5-CO-NP; CO was to limit maximum number of units to eight, minimum of 10 feel between 5 of 16C14-2021-0128 6 each building and to provide pedestrian and bicycle access to Carson Ridge Drive. This case was postponed at City Council twice and ultimately withdrawn by the applicant. C14-01-0060 (Montopolis Neighborhood Plan): This was the Montopolis Neighborhood Plan rezoning case (Ordinance No. 010927-28). This property’s base zoning district was rezoned from SF-2 to CS-NP during this process. EXISTING STREET CHARACTERISTICS: Street ROW Pavement Classification Sidewalks Bike Route Capital Metro (within ¼ mile) Thrasher Road 64’ 30’ Level 2 Carson Ridge 78’ 33’ Level 1 No No None No None No OTHER STAFF COMMENTS: Environmental 1. The site is not located over the Edwards Aquifer Recharge Zone. The site is in the Carson Creek Watershed of the Colorado River Basin, which is classified as a Suburban Watershed by Chapter 25-8 of the City's Land Development Code. 2. Under current watershed regulations, development or redevelopment on this site will be subject to the following impervious cover limits: Development Classification % of Gross Site Area % of Gross Site Area Single-Family (minimum lot size 5750 sq. ft.) Other Single-Family or Duplex Multifamily Commercial 50% 55% 60% 80% with Transfers 60% 60% 70% 90% 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 of 16C14-2021-0128 7 6. Under current watershed regulations, development or redevelopment requires water quality control with increased capture volume and control of the 2-year storm on site. 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. PARD Review PR1: Parkland dedication will be required at the time of subdivision or site plan application for new residential units, per City Code § 25-1-601, as amended. The proposed development meets the criteria for land dedication in City Code Title 25, Article 14. As such, a partial land dedication will be considered, as well as any remaining fees in-lieu. The surrounding neighborhood area currently lacks connectivity to two new parks, Thrasher Pocket Park and Carson Ridge Pocket Park. The development as proposed will require parkland dedication for the new residential units that will serve this neighborhood through the additional park investment. The Parks and Recreation Department (PARD) would consider a connection along the north side of the property, from Carson Ridge to Thrasher Lane, toward satisfying the requirement at time of permitting (whether subdivision or site plan). The connection would require a minimum 15-foot-wide area for a trail. Such a connection would improve neighborhood connectivity and pedestrian access to two existing parks, thereby satisfying a recommendation identified in the Parks and Recreation Department’s Long Range Plan. Should there be any remaining fees in-lieu, 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). Should the applicant wish 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 letter of the requirements as stated in this review. Site Plan SP1. The site may be subject to compatibility standards depending on how it’s developed. Projects built to SF-5 standards do not trigger compatibility; projects built to SF-6 standards do. Along the north 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. 7 of 16C14-2021-0128 8 c. No structure in excess of three stories or 40 feet in height may be constructed within 100 feet of the property line. 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. SP2. Additional design regulations will be enforced at the time a site plan is submitted. SP3. This property is within the Controlled Compatible Land Use Area defined by Chapter 241 of the Local Government Code. Development on this property is limited by Chapter 25-13 of the Austin City Code. Airport hazards as defined in Federal Aviation Regulations Part 77, as adopted by the City in Sections 25-13-23, are prohibited. Transportation ASMP Assessment The Austin Strategic Mobility Plan (ASMP) calls for 92 feet of right-of-way for Thrasher Road and 60 feet of right-of-way for Carson Ridge. It is recommended that 46 feet of right-of-way from the future centerline should be dedicated for Thrasher Road and 30 feet of right-of way from the future centerline should be dedicated for Carson Ridge according to the Transportation with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. Transportation Assessment Assessment of required transportation mitigation, including the potential dedication of right of way and easements and participation in roadway and other multi-modal improvements, will occur at the time of site plan application. A traffic impact analysis shall be required at the time of site plan if triggered per LDC 25-6-113. Austin Water Utility AW1. 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. Based on current public infrastructure configurations, it appears that service extension requests (SER) will be required to provide service to this lot. For more information pertaining to the Service Extension Request process and submittal requirements contact the Austin Water SER team at ser@austintexas.gov. 8 of 16C14-2021-0128 9 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. 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 9 of 161 3 4 2 7 SF-3-NP 6 5 4 ERC 1 2 3 4 SF-5-CO-NP 5 6 7 C A R S O N RID G E 8 9 1 SF-3-NP CS-NP 1 GR-MU-CO-NP 1 C14-2021-0128 2 CS-NP L18 1 1 1 CS-NP CS-MU-NP CS-MU-CO-NP N R L E H S A R H T CS-MU-NP 2 ± 1'' = 150' 1 ALPHA .95 SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2021-0130 2404 Thrasher Ln .961 Acres L18 KATE CLARK 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. 10 of 16ERC 1 2 3 4 SF-5-CO-NP 5 6 7 C A R S O N RID G E 8 9 1 SF-3-NP CS-NP 1 GR-MU-CO-NP 1 C14-2021-0128 2 CS-NP L18 1 1 1 CS-NP CS-MU-NP CS-MU-CO-NP N R L E H S A R H T CS-MU-NP 2 1 3 4 2 7 SF-3-NP 6 5 4 1 ALPHA .95 Copyright nearmap 2015 ± 1'' = 150' SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2021-0130 2404 Thrasher Ln .961 Acres L18 KATE CLARK 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. 11 of 16To: Kate Clare, Housing & Planning Department From: Susana Almanza, President-Montopolis Neighborhood Plan Contact Team Subject: Opposition Zoning & Plan Amendment of 2404 Thrasher Lane, Case #C14-2021-0128 & NPA- 2021-0128 Date: November 2, 2021 The Montopolis Neighborhood Plan Contact Team met on September 27, 2021. The Montopolis Neighborhood Plan Contact Team opposes the re-zoning and Neighborhood Plan Amendment (NPA) for the property located at 2404 Thrasher Lane. This development will bring more gentrification to a poverty area with most people of color. The Montopolis neighborhood plan area falls within the area that Project Connect Anti-Displacement area calls for protection. The University of Texas Uprooted Report (2018) also calls for the protection of the Montopolis community. We request that the Planning Commission and the Austin City Council deny the NPA and re-zoning for 2404 Thrasher Lane. 12 of 16R LIS D O P O T N O M C A R S O N RID G E R LN HE S A R TH CARS O N RID G E ± BUFFER PROPERTY_OWNER SUBJECT_TRACT PETITION Case#: C14-2021-0128 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 the Housing and Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 13 of 16Case Number: C14‐2021‐0128 PETITION Total Square Footage of Buffer: Percentage of Square Footage Owned by Petitioners Within Buffer: Date: 11/9/2021 328656.5851 20.66% 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 0310140171 2408 THRASHER LN 78741 0310140223 2311 THRASHER LN AUSTIN 78741 0315110201 THRASHER LN 78741 0312160303 7000 E BEN WHITE BLVD 0312160801 6412 CARSON RDG 78741 0310140150 2316 THRASHER LN 78741 0312130115 MONTOPOLIS DR 78741 0310140169 6510 CARSON RDG 78741 0310140134 2312 THRASHER LN 78741 0310140222 2317 THRASHER LN AUSTIN 78741 Address Not Found 0312160601 6502 CARSON RDG A 0312160602 6502 CARSON RDG B 0312160603 Address Not Found 0312160401 6408 CARSON RDG A 0312160402 0312160403 6408 CARSON RDG B Total AUSTIN CRE LLC CRUZ MARIA DE LOURDES DIAZ MARTIN & ESTEFANA HOUSING AUTHORITY OF AUSTIN KOOL BREEZE PROPERTY INVESTMENTS LLC MCGHEE FRED L & LISA P GODDARD MONT APARTMENTS LLC THE ONOFRE ROMAN FRANCISCO J & RAMIREZ BENITO & JUAN & MARIA ROJAS MANUEL & ELVIA O COOK HARRISON T GALANTE JACOB HOMAN KEITH ACOSTA‐PILAR ANDRES no no no no no yes no no yes no no no 0.00% 46384.31 0.00% 5715.63 0.00% 40105.37 0.00% 51049.22 10226.23 0.00% 52388.05 15.94% 0.00% 54475.76 0.00% 22853.72 4.72% 15510.36 0.00% 13065.43 9983.68 0.00% 4661.98 0.00% 326419.75 20.66% 14 of 1615 of 16 Micah J. King 111 Congress Avenue, Suite 1400 Austin, Texas 78701-4043 Direct: 512.479.3468 micah.king@huschblackwell.com November 10, 2021 Maureen Meredith, Senior Planner Kate Clark, Senior Planner City of Austin Housing and Planning Department 1000 E. 11th Street, Suite 200 Austin, TX 78702 Via Email To: Kate.Clark@austintexas.gov and Maureen.Meredith@austintexas.gov RE: Amendment to the Rezoning and Plan Amendment Applications for Case Numbers NPA-2021-0005.01 and C14-2021-0128 (the “Cases”) for Property Located at 2404 Thrasher Lane (the “Property”) Dear Maureen and Kate: I am writing on behalf of our clients, Marina and Gino Shvetz (Alpha Builders Group), the applicants in the above-referenced Cases. By this letter, we respectfully amend the applications as follows to: a. Rezone the Property from CS-NP to CS-MU-NP; and b. Amend the Future Land Use Map the (“FLUM”) designation of the Property from “Commercial” to “Mixed Use”. Thank you for your assistance and consideration. Sincerely, Micah J. King 16 of 16