03 C14-2022-0018.SH - 5107-5115 Lancaster; District 4.pdf — original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 4 CASE: C14-2022-0018.SH -- 5111-5115 Lancaster ZONING FROM: NO-MU-NP and MF-3-NP TO: GR-MU-V-CO-NP (as amended August 25, 2022) ADDRESS: 5107, 5109, 5111, 5113, 5115 Lancaster Court SITE AREA: 0.7874 acres (34,300 s.f.) PROPERTY OWNER: Plancaster, LLC, SEMIZI, LLC, Lancaster Office Three, LLC and Fayez Kazi AGENT: Capital A Housing (Conor Kenny) CASE MANAGER: Heather Chaffin (512-974-2122, heather.chaffin@austintexas.gov) STAFF RECOMMENDATION: To grant the amended request of GR-MU-V-CO-NP. Conditional overlays include: 1. Minimum 5-foot rear yard and side yard setback. 2. The following land uses shall be prohibited: alternative financial services, automotive rentals, automotive repair services, automotive sales, automotive washing of any type, bail bond services, business or trade school, business support services, commercial off-street parking, communications services, consumer convenience services, consumer repair services, drop-off recycling collection facility, exterminating services, financial services, food preparation, food sales, funeral services, general retail sales convenience, general retail sales general, hotel-motel, indoor entertainment, indoor sports and recreation, medical offices not exceeding 5,000 sq/ft of gross floor space, medical offices exceeding 5,000 sq/ft of gross floor space, off-site accessory parking, outdoor entertainment, outdoor sports and recreation, pawn shop services, pedicab storage and dispatch, personal improvement services, personal services, pet services, plant nursery, printing and publishing, research services, restaurant general, restaurant limited, service station, theater, custom manufacturing, guidance services, hospital services general, hospital services limited. For a summary of the basis of staff’s recommendation, see case manager comments on page 2. PLANNING COMMISSION ACTION / RECOMMENDATION: September 13, 2022 – August 23, 2022 – Postponed by applicant to September on the consent agenda. July 26, 2022 – Postponed by staff to August 23, 2022 on the consent agenda. July 12, 2022 – Postponed on the consent agenda to July 26, 2022 at the request of staff. June 28, 2022 – Postponed on the consent agenda to July 12, 2022 at the request of staff. CITY COUNCIL ACTION: September 29, 2022: September 1, 2022: July 28, 2022: Postponed on the consent agenda to September 1, 2022 at the request of staff. 1 of 243C14-2022-0018.SH 2 ISSUES: The Applicant’s initial request was for CS-V-NP zoning on the site. After further discussions with neighborhood representatives and City staff the Applicant amended their request to GR-MU-V-CO-NP. The SMART housing project and rezoning are supported by City staff as described on Page 1 of this report. The prohibited land uses include all GR uses that are not permitted in the existing MF-3 and NO zoning categories onsite. CASE MANAGER COMMENTS: The subject property is located at the south/southeast corner of the intersection of Lancaster Court and East 52nd Street and includes lots zoned NO-MU-NP and MF-3-NP. Existing land uses include professional office and single family residential land uses. To the east/southeast are properties zoned MF-2-NP and GR-MU-V-CO-NP that are developed with multifamily residential uses. Across the intersection of Lancaster and 52nd to the northwest and northeast are properties zoned LO-NP and MF-2- CO-NP that are developed with multifamily residential. Across Lancaster Court to the west/southwest and northwest are properties zoned NO-MU-NP, MF-2-NP, LO-NP, MF-2-CO-NP and a property along East 51st Street zoned GR-MU-V-CO-NP. These properties contain the following land uses: single family residential, multifamily residential and undeveloped. Please see Exhibits A and B- Zoning Map and Aerial Exhibit. The Applicant has stated that the planned development of the property is to provide 60 residential units and support services for SAFE Alliance, an organization that serves families fleeing domestic violence or sexual assault. The site will also include a separate mixed use building with 23 multifamily units and professional offices. The SAFE Alliance facility and overall project will be developed as a SMART Housing project. Please see Exhibit C- SMART Housing Letter. Correspondence has been received regarding this rezoning request. Please see Exhibit D- Correspondence. Staff supports the proposed GR-MU-V-CO-NP rezoning. There is a mix of zoning in the vicinity, ranging from NO-MU-NP to GR-MU-V-CO-NP, and a mix of land uses including single family residential, multifamily residential and office. The proposed rezoning and land uses will allow a mix of residential and office uses and will provide a community service. BASIS FOR RECOMMENDATION 1. 2. 3. The proposed zoning should be consistent with the purpose statement of the district sought. The proposed zoning should be consistent with the goals and objectives of the City Council. Zoning should promote clearly-identified community goals, such as creating employment opportunities or providing for affordable housing. EXISTING ZONING AND LAND USES: Professional office, Single family residential LAND USES ZONING MF-3-NP, NO-MU-NP LO-NP, MF-2-CO-NP, SF-6-NP Multifamily Site North South NO-MU-NP, GR-MU-V-CO-NP Single family, Undeveloped East West MF-2-NP NO-MU-NP, MF-2-NP Multifamily Professional office, Single family residential, Multifamily 2 of 243C14-2022-0018.SH 3 NEIGHBORHOOD PLANNING AREA: University Hills/Windsor Park NP Area (Windsor Park) TIA: Deferred to time of site plan, if required. WATERSHED: Tannehill Branch NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Preservation Austin SELTexas Windsor Park Neighborhood Association Windsor Park-Pecan Springs Heritage NA AREA CASE HISTORIES: Austin Lost and Found Pets Del Valle Community Coalition Homeless Neighborhood Association Neighbors United for Progress Responsible Growth for Windsor Park Sierra Club, Austin Regional Group Windsor Park Neighborhood Plan Contact Team NUMBER REQUEST CITY COUNCIL ZAP/PLANNING COMMISSION 10/25/2011: To grant as requested 12/8/2011: To grant as requested C14-2011-0103 IBC Mueller View 1206 E. 51st Street EXISTING STREET CHARACTERISTICS: GR-MU-V-CO-NP to GR-MU-V-CO-NP (to allow drive thru svs) ADDITIONAL STAFF COMMENTS: Environmental 1. The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Tannehill 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 s.f. cumulative is exceeded, and on site control for the two-year storm. 3 of 243C14-2022-0018.SH 4 Site Plan SP 1. Site plans will be required for any new development other than single-family, two-family or duplex residential. SP 2. The site is subject to compatibility standards. SF-3-NP zoning district is located less than 540 feet from the northern boundary of the site. Any development which occurs in an SF-6 or less restrictive zoning district which is located 540-feet or less from property in an SF-5 or more restrictive zoning district will be subject to compatibility development regulations. SP 3. 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 4. This tract is already developed, and the proposed zoning change is a footprint within the existing development. The applicant is responsible for requesting relocation and demolition permits once the site plan is approved. The City Historic Preservation Officer will review all proposed building demolitions and relocations prior to site plan approval. If a building meets city historic criteria, the Historic Landmark Commission may initiate a historic zoning case on the property. Transportation ASMP Assessment The Austin Strategic Mobility Plan (ASMP) calls for 50 feet of right-of-way for E 52nd Street. It is recommended that 25 feet of right-of-way from the existing centerline should be dedicated for E 52nd Street according to the Transportation Plan at the time of subdivision and/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. The adjacent street characteristics table is provided below: Parks & Recreation PR1: Residential units that are certified affordable under the SMART Housing Policy are exempt from the parkland dedication requirements per City Code § 25-1-601(C)(3). Parkland dedication will be required for any new market-rate residential units that may be proposed by this development, multifamily with CS-V-NP zoning, at the time of subdivision or site plan, per City Code § 25-1-601. If the applicant wishes 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 of parkland dedication requirements. 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 4 of 243C14-2022-0018.SH 5 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. INDEX OF EXHIBITS TO FOLLOW A: Zoning Map B. Aerial Exhibit C. SMART Housing Letter D. Correspondence 5 of 243( ( SF-3-NP ( ( E V N A O M R A H ( ( = SF-3-NP = ( ( SF-3-NP E 53R ( D H MOTEL CS-CO-NP ALF ST FFIC E O CS-CO-NP = = R E 53 ( SF-3-NP D S T GR-CO-NP 5 94-3 USED C14-02-0009 GR-CO-NP CS-CO-NP B D S R V N IH 3 5 S P M A B R 5 S O IH 3 B T 5 S N IH 3 LI R EIN O R B T 5 N B 5 N N IH 3 N IH 3 REST. SP06-0789C CS-V-NP C14-2008-0044 TIR E SALE S STO R E CS-NP AUT O A C CE SS O RIE S B N D R V 5 S 3 IH N B 5 S N IH 3 CS-MU-V-NP P M A N R T T S 1 5 E T A B S D R V S 5 3 H I N CS-NP CS-MU-NP CS-V-MU-NP CS-V-NP CS-NP E 5 3 R D S T GR-V-NP G R O CE RY C14-2008-0044 2008-0044 LIQUOR CS-V-NP GR-MU-V-CO-NP CS-1-V-NP GR-MU-NP CS-1-NP APTS. C P14-68-032 FAST\FOOD C14-2008-0044 FAST\FOOD GR-V-NP CAR\WASH SP-04-0464C MUFFLER &\MOTOR SH OP SP-05-0654CS FAST\FOOD GR-MU-CO-NP GAS APTS. ( ( ( ( ( OFFICES GROCERY GR-V-CO-NP SERVICE STATION CS-1-CO-NP C14-06-0230 CS-V-NP CS-NP 2008-0175 C14-2008-0175 ( SF-3-NP ( ( N R D O C A M E R BBQ G ARA G E N U R S ER Y ( DAY ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( RID G E M ( ( SF-3-NP ( O NT D R SF-3-NP ( ( EXHIBIT A ( ( ( CLO V E RLE ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( SF-3-NP ( ( ( ( C O R O N ( ( ( ( AF D R ( ( ( ( ( A D R ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( LU ( DLO ( ( W TER ( ( ( ( ( ( SF-3-NP ( ( ( L L P LWIL ( A H ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( L ( N P O D G BIN A ( ( ( ( ( ( R U D A S S A N ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( S U FF SF-3-NP ( ( ( ( ( ( ( ( ( ( ( OLK D R ( ( ( ( ( ( ( ( ( ( ( ( W E S T M ( ( O O R D R ( ( SF-3-NP APTS. GR-MU-CO-NP USED GR-MU-CO-NP N RA M P VET. T.V. R EPAIR CS-V-NP 00-2074 CS-CO-NP C14-00-2074 CS-1-V-NP N IH 35 TO CA M ER O CP74-39 GR-MU-CO-NP 2 6 8-1 4-6 1 C 83-3 1 3 GR-V-CO-NP 1 3 83-3 74-129 CABLE C14-2008-0044 ( C814-04-0055 SP-05-1450C PUD C814-04-0055 C814-04-0055 MF-2-CO-NP E 52N D ST ( 2 3 8-0 4-6 1 P C APTS. MF-2-NP ( ( ( APTS. LO-NP ( APTS. APTS. MF-2-CO-NP 71-88 83-331 APTS. GR-MU-V-CO-NP ( 8 ( SP85-48 3 6-0 7 C14-2011-0103 ( ( ( ( ( NO-MU-NP T R C E T S A C N A L ( ( ( ! ! ! ! ! ! ! ! ! ! ( MF-3-NP ! ! ! ! ! ! ( ( NO-MU-NP ! ! ! ! ( ! ! ! ! ! ! !! !! ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( APTS. SF-6-CO-NP SP-02-0266CS SP-03-0319C APTS. LO-CO-NP C14-06-0114 ( ( ( ( SF-3-NP ( ( BR O A D M O O ( ( ( ( ( R D R ( ( ( ( ( ( ( ( ( ( 06-0114 72-253 C 1 8 7 6 - 0 0 C P S SP85-039 LO-NP GR-MU-V-CO-NP ( ( 8 7 71-2 C R 9 3 4-2 8 MF-2-NP T APTS. 9 73-6 RIN P O. C C 0 1 0 6-0 P-9 S LO-MU-V-NP FC. O LO-V-NP C14-2008-0044 83-267 A P T S . GR-MU-V-CO-NP P83-103 SP-95-0123C H C R U H C E 51S T ST NPA-2012-0023.01 2008-0044 LO-NP C14-2019-0123 C14-71-278(RCA) ( 71-278R ( ( LO-V-NP C14-2008-0044 SP-95-0123C CP75-36 ( 85-040 SP-95-0123C C H U R C PA R KIN G H & SP-04-0036D SP-06-0469C C814-04-0055.03 BA R B A R A JO R D A N BLV D SP-03-0399D PUD C814-04-0055 C814-04-0055 D LV R B E L L E U M PUD PUD C814-04-0055 T H S RIC D L A PUD SP-03-0399D SP-05-1449C C814-04-0055 C814-04-0055 PUD C814-04-0055 C814-04-0055 SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ZONING ZONING CASE#: C14-2022-0018.SH 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 " = 400 ' 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 Created: 6/6/2022 PUD C814-04-0055.04.SH C814-04-0055.02 C814-04-0055 R R D E T S A C N A L P H I L O M E N A S T ( ( ( C14-02-0057 ( SF-3-NP ( SF-3-NP ( ( ± 6 of 243CS-NP GR-V-NP CS-V-NP 2008-0044 APTS. C14-2008-0044 APTS. GR-MU-V-CO-NP GR-MU-CO-NP USED GR-MU-CO-NP ( SF-3-NP ( ( ( ( ( SF-3-NP ( W E ST M O O R D EXHIBIT B R ( L L P LWIL ( ( SF-3-NP A H ( GR-MU-NP CP14-68-032 APTS. L26 SF-3-NP MF-2-CO-NP GR-MU-CO-NP 2 6 8-1 4-6 1 C 1 83-33 E 52N ( D ST APTS. MF-2-NP 2 3 8-0 4-6 1 P C GR-V-CO-NP APTS. 1 3 3-3 8 ( 71-88 C14-2008-0044 8 3 6-0 7 APTS. SP85-48 ( ( GR-MU-V-CO-NP C14-2011-0103 ( BROADMOOR DR SF-3-NP ( ( ( APTS. ( LO-NP APTS. ( ! ! ! ! ! ! ( NO-MU-NP ! ! ! ! ! ! ! ! ! ! ! ! ( ( ( MF-3-NP ( ( ( ( C14-2022-0018.SH T R C E T S A C N A L NO-MU-NP ! ! ! ! !! !! ( 71-27 ( ! ! ! ! ( 8 ( ( MF-2-CO-NP APTS. SF-6-CO-NP APTS. 73-69 MF-2-NP T RIN P O. C APTS. C 0 1 0 6-0 P-9 S LO-MU-V-NP C. F O LO-V-NP GR-MU-V-CO-NP ( ( L25 C R 9 3 4-2 8 ( ( LO-CO-NP C14-06-0114 06-0114 72-253 C 1 8 7 6 - 0 0 C P S C14-2008-0044 C814-04-0055 PUD C814-04-0055 R R D E T S A C N A L C814-04-0055.02 C814-04-0055.03 C814-04-0055.04.SH A P T S . GR-MU-V-CO-NP H C R U H C NPA-2012-0023.01 C14-2019-0123 C14-71-278(RCA) E 51ST ST ( ( PUD C814-04-0055 C814-04-0055 PUD C814-04-0055 PUD ± 1 " = 200 ' SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER 5111-5115 Lancaster ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2022-0018.SH 5111, 5113, 5115 Lancaster Ct 0.95 Acres L25 Heather Chaffin 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. Created: 7/26/2022 by: MeeksS 7 of 243EXHIBIT C City of Austin P.O. Box 1088, Austin, TX 78767 www.austintexas.gov/department/housing-and-planning Housing and Planning Department S.M.A.R.T. Housing Program 9/8/2022 S.M.A.R.T. Housing Certification Semizi LLC and Plancaster LLC 5107 and 5109 Lancaster Ct. Austin, TX 78723 (ID 850-5960) TO WHOM IT MAY CONCERN: Owners Semizi LLC and Plancaster LLC (development contact Eyad Kasemi; ph: 512.761.6161; email: eyad@capitalahousing.com) is planning to develop The Lancaster, a 23-unit mixed-use development at 5107 and 5109 Lancaster Ct. Austin, TX 78723 Three (10%) of the units will be leased to households at or below 80% Median Family Income (MFI). The project will be subject to a minimum 5-year affordability period after issuance of a certificate of occupancy, unless funding requirements are longer. The Housing and Planning Department (HPD) certifies the proposed project meets the S.M.A.R.T. Housing standards at the pre-submittal stage. Since 10% (3) of the units will serve households at or below 60% MFI, the development will be eligible for 25% waiver of fees listed in Land Development Code, Chapter 25-1-704, as amended or other fees waived under a separate ordinance except for Austin Water Utility (AWU) Capital Recovery Fees. This development is not fully in accordance with the requirements under the Texas Local Government Code, Chapter 395.16(g) and 42 U.S.C. Section 12745 (A)(1) as it relates to how housing qualifies as affordable housing and therefore none of the units will be eligible to receive Austin Water Utility Capital Recovery Fee (CRF) waivers. The expected fee waivers include, but are not limited to, the following fees: AWU Capital Recovery Fees Building Permit Site Plan Review Construction Inspection Demolition Permit Fee Concrete Permit Electrical Permit Subdivision Plan Review Parkland Dedication Fee (by separate ordinance) Regular Zoning Fee Mechanical Permit Plumbing Permit Zoning Verification Land Status Determination Building Plan Review Prior to issuance of building permits and starting construction, the developer must: ♦ Obtain a signed Conditional Approval from the Austin Energy Green Building Program stating that the plans and specifications for the proposed development meet the criteria for a Green Building Rating. (Contact Austin Energy Green Building: 512-482-5300 or greenbuilding@austinenergy.com). ♦ Submit plans demonstrating compliance with the required accessibility or visitability standards. Before a Certificate of Occupancy will be granted, the development must: ♦ Pass a final inspection and obtain a signed Final Approval from the Green Building Program. (Separate from any other inspections required by the City of Austin or Austin Energy). ♦ Pass a final inspection to certify that the required accessibility or visitability standards have been met. 8 of 243♦ An administrative hold will be placed on the building permit, until the following items have been completed: 1) the number of affordable units have been finalized and evidenced through a sealed letter from project architect and/or engineer, 2) a Restrictive Covenant stating the affordability requirements and terms has been filed for record at the Travis County Clerk Office. The applicant must demonstrate compliance with S.M.A.R.T. Housing standards after the certificate of occupancy has been issued or repay the City of Austin, in full, the fees waived for this S.M.A.R.T. Housing certification. Please contact me by phone 512.974.3462 or by email at nathan.jones@austintexas.gov if you need additional information. Sincerely, Nathan Jones, Project Coordinator Housing and Planning Department Cc: Kristin Martinez, AE Jonathan Orenstein, AWU Mashell Smith, ORS 9 of 243EXHIBIT D 10 of 24311 of 24312 of 24313 of 24314 of 24315 of 24316 of 24317 of 24318 of 24319 of 24320 of 24321 of 24322 of 24323 of 24324 of 243