06 NPA-2022-0002.01 - 1700 E. 2nd Street, District 3.pdf — original pdf

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Planning Commission: November 8, 2022 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET DATE FILED: June 29, 2022 (out-of-cycle) NEIGHORHOOD PLAN: East Cesar Chavez CASE#: NPA-2022-0002.01 PROJECT NAME: 1700 E. 2nd Street PC DATE: November 8, 2022 ADDRESS/ES: 1700 E. 2nd Street & 205 Chalmers Ave. DISTRICT AREA: SITE AREA: 0.51 acres OWNER/APPLICANT: 2nd Street, LLC AGENT: Drenner Group, PC (Leah M. Bojo) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation 3 From: Multifamily Residential To: Mixed Use Base District Zoning Change Related Zoning Case: C14-2022-0091 From: CS-MU-CO-NP To: CS-MU-V-NP NEIGHBORHOOD PLAN ADOPTION DATE: May 13, 1999 CITY COUNCIL DATE: December 8, 2022 PLANNING COMMISSION RECOMMENDATION: November 8, 2022 - ACTION: PHONE: (512) 974-2695 1 of 296Planning Commission: November 8, 2022 STAFF RECOMMENDATION: Staff supports the applicant’s request to change the future land use map from Multifamily Residential to Mixed use. BASIS FOR STAFF’S RECOMMENDATION: Staff supports the applicant’s request for Mixed Use land use because there is existing Mixed Use land use to the north and south of the property. The property is located near public transportation and numerous commercial uses. It is approximately 0.4 miles from the Plaza Saltillo TOD Station. The property is in an area where a mixed use is appropriate. Mixed Use Mixed Use Mixed Use Below are sections of the East Cesar Chavez Neighborhood plan that supports the applicant’s request. 2 2 of 296Planning Commission: November 8, 2022 LAND USE DESCRIPTIONS EXISTING LAND USE ON THE PROPERTY Multifamily Residential - Higher-density housing with 3 or more units on one lot. 1. Preserve existing multifamily and affordable housing; 2. Maintain and create affordable, safe, and well-managed rental housing; and 3. Make it possible for existing residents, both homeowners and renters, to continue to live in their neighborhoods. 4. Applied to existing or proposed mobile home parks. Purpose Application 1. Existing apartments should be designated as multifamily unless designated as mixed use; 2. Existing multifamily-zoned land should not be recommended for a less intense land use category, unless based on sound planning principles; and 3. Changing other land uses to multifamily should be encouraged on a case-by-case basis PROPOSED LAND USE ON THE PROPERTY Mixed Use - An area that is appropriate for a mix of residential and non‐residential uses. Purpose 1. 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; 3 3 of 296Planning Commission: November 8, 2022 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 1. 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. Yes Imagine Austin Decision Guidelines Yes Complete Community Measures Imagine Austin Growth Concept Map: Located within or adjacent to an Imagine Austin Activity Center, Imagine Austin Activity Corridor, or Imagine Austin Job Center as identified the Growth Concept Map. Name(s) of Activity Center/Activity Corridor/Job Center: • One block south of the Plaza Saltillo Neighborhood Center • • One block north of East Cesar Chavez Street, an activity corridor 0.4 miles from Plaza Saltillo TOD Station Yes Mobility and Public Transit: Located within 0.25 miles of public transit stop and/or light rail station. Yes Mobility and Bike/Ped Access: Adjoins a public sidewalk, shared path, and/or bike lane. Yes Connectivity, Good and Services, Employment: Provides or is located within 0.50 miles to goods and services, and/or employment center. Yes Connectivity and Food Access: Provides or is located within 0.50 miles of a grocery store/farmers market. Yes Connectivity and Education: Located within 0.50 miles from a public school or university. 0.3 miles from Plaza Saltillo Farmers Market 0.5 miles from Zavala Elementary School Yes Connectivity and Healthy Living: Provides or is located within 0.50 miles from a recreation area, park or Yes Connectivity and Health: Provides or is located within 0.50 miles of health facility (ex: hospital, urgent care, walking trail. 0.4 miles from Pan American Neighborhood Park doctor’s office, drugstore clinic, and/or specialized outpatient care. • 0.5 miles from Metsi Urgent Care at 1614 E. 6th Street • • • Yes Housing Affordability: Provides a minimum of 10% of units for workforce housing (80% MFI or less) and/or fee in lieu for affordable housing. 4 4 of 296Planning Commission: November 8, 2022 • Proposed 10% units affordable at 60% MFI Yes Housing Choice: Expands the number of units and housing choice that suits a variety of household sizes, incomes, and lifestyle needs of a diverse population (ex: apartments, triplex, granny flat, live/work units, cottage homes, and townhomes) in support of Imagine Austin and the Strategic Housing Blueprint. • Proposed mixed use to include housing Yes Mixed use: Provides a mix of residential and non-industrial uses. Culture and Creative Economy: Provides or is located within 0.50 miles of a cultural resource (ex: library, theater, museum, cultural center). Culture and Historic Preservation: Preserves or enhances a historically and/or culturally significant site. Creative Economy: Expands Austin’s creative economy (ex: live music venue, art studio, film, digital, theater.) Workforce Development, the Economy and Education: Expands the economic base by creating permanent jobs, especially in industries that are currently not represented in particular area or that promotes a new technology, and/or promotes educational opportunities and workforce development training. Industrial Land: Preserves or enhances industrial land. 11 Number of “Yes’s” Imagine Austin Priority Program PUD Specific Bonus Features Public Space Features and Public Art: Incorporates public space features and/or public art into project (Ex: plazas, streetscapes, gardens, and other people-friendly spaces where different ages can socially interact). Integrates and/or Expands Green Infrastructure: Preserves or expands Austin’s green infrastructure (ex: parkland, community gardens, green streets, creeks, stormwater features that mimic natural hydrology) into the urban environment and transportation network. Protects the Environment: Reduces greenhouse gas emissions, water, energy usage, and/or increases waste diversion. Protects Environmentally Sensitive Lands: Protects Austin’s natural resources and environmental systems by limiting land use and transportation development over or near environmentally sensitive areas, preserves open space, and protects natural resources more than ordinance requirements. Water/Wastewater Infrastructure: Sustainably manages Austin’s water resources and stream corridors through on-site use of storm water, effective landscaping, flood mitigation, and other low-impact development techniques more than ordinance requirements. Total Number of “Yes’s” 5 5 of 296Planning Commission: November 8, 2022 Proximity to Imagine Austin Activity Centers and Corridors 6 6 of 296Planning Commission: November 8, 2022 Proximity to Parks 7 7 of 296Planning Commission: November 8, 2022 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 cleaners, hair salons, schools, restaurants, and other small and local businesses—will generally serve the center and surrounding neighborhoods. 8 8 of 296Planning Commission: November 8, 2022 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. Regional Centers - Regional centers are the most urban places in the region. These centers are and will become the retail, cultural, recreational, and entertainment destinations for Central Texas. These are the places where the greatest density of people and jobs and the tallest buildings in the region will be located. Housing in regional centers will mostly consist of low to high-rise apartments, mixed use buildings, row houses, and townhouses. However, other housing types, such as single-family units, may be included depending on the location and character of the center. The densities, buildings heights, and overall character of a center will depend on its location. Activity Centers for Redevelopment in Sensitive Environmental Areas - Five centers are located over the recharge or contributing zones of the Barton Springs Zone of the Edwards Aquifer or within water-supply watersheds. These centers are located on already developed areas and, in some instances, provide opportunities to address long-standing water quality issues and provide walkable areas in and near existing neighborhoods. State-of-the-art development practices will be required of any redevelopment to improve stormwater retention and the water quality flowing into the aquifer or other drinking water sources. These centers should also be carefully evaluated to fit within their infrastructural and environmental context. 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 9 9 of 296Planning Commission: November 8, 2022 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 June 29, 2022, which is out-of-cycle for neighborhood planning areas located on the east side of I.H.-35. The East Cesar Chavez Neighborhood Plan Contact Team submitted a letter allowing the application to be filed outside of the July open filing period. The applicant proposes to change the land use on the future land use map from Multifamily Residential to Mixed Use land use. The applicant proposes to change the zoning on the property from CS-MU-CO-NP (General Commercial Services district – Mixed Use combining district – Conditional Overlay combining district-Neighborhood Plan combining district) to CS-MU-V-CO-NP (General Commercial Services district – Mixed Use combining district – Vertical Mixed Use Building combining district - Conditional Overlay combining district-Neighborhood Plan combining district) for a multifamily and commercial development. With the Vertical Mixed Use combining district, the applicant proposes 10% of the residential units to be affordable to people at 60% MFI. For additional information on the zoning request, see case report C14- 2022-0091. PUBLIC MEETINGS: The ordinance-required community meeting was virtually held on August 2, 2022. The recorded meeting can be found at https://www.speakupaustin.org/npa. Approximately 679 notices were mailed to people who rent or own property within 500 feet of the subject property, in addition to neighborhood and environmental groups who requested notification for the area. One person from the city attended, Maureen Meredith, Housing and Planning Department. Drew Raffaele from Drenner Group attended, representing the owner/application and four people from the neighborhood attended. Drew Raffaele from Drenner Group made a presentation, which is included in this report. Below are highlights from his presentation: • The property is at the corner of Chalmers and E. 2nd Street. • Currently, there is a restaurant space that has turned over a couple times to difference restaurant-type tenants. There is a small home that was converted into a salon on the north side of the site. • The property is roughly half-acre in size. 10 10 of 296Planning Commission: November 8, 2022 • It’s located near the Lance Armstrong Bikeway and the Plaza Saltillo Red Line Station. It has great transportation access. • • The owners met with the East Cesar Chavez NPCT who allow the out-of-cycle application. • We are requesting a FLUM change from Multifamily to Mixed Use. • We are requesting a zoning change to CS-MU-V-NP. • The conditional overlay for this property specifically limits the height to 40 feet across the site. It limits the number of trips per day to 2000, and it prohibits making conditional, and it prohibits and makes conditional certain uses on the property. • We’d like to remove the height limit and add the VMU overlay so we can provide ground floor live workspace where small commercial tenants can have a business in front of their units. • The VMU requires 10% of the units be affordable at 60% MFI Q: Can you disclose the owners of the property? A: The owners are Julie Alexander and Lyon Gegenheimer. Q: Do they own the property to the north of this tract? There is a lot of noise that comes from this property to the north. A: I don’t think so, but I will find out and get back to you. 11 11 of 296Applicant Summary Letter from Application Planning Commission: November 8, 2022 • 12 12 of 296Planning Commission: November 8, 2022 Out-of-Cycle Letter Authorization from Neighborhood Plan Contact Team (NPCT) 13 13 of 296Letter of Recommendation from the Neighborhood Plan Contact Team (NPCT) Planning Commission: November 8, 2022 14 14 of 296Planning Commission: November 8, 2022 15 15 of 296Planning Commission: November 8, 2022 16 16 of 296Planning Commission: November 8, 2022 17 17 of 296Planning Commission: November 8, 2022 18 18 of 296Planning Commission: November 8, 2022 19 19 of 296Planning Commission: November 8, 2022 20 20 of 296Planning Commission: November 8, 2022 Applicant’s Presentation at the Virtual Community Meeting 21 21 of 296Planning Commission: November 8, 2022 22 22 of 296Planning Commission: November 8, 2022 23 23 of 296Planning Commission: November 8, 2022 24 24 of 296Planning Commission: November 8, 2022 25 25 of 296Planning Commission: November 8, 2022 26 26 of 296Planning Commission: November 8, 2022 Correspondence Received From: Walters, Mark < Sent: Monday, July 25, 2022 4:34 PM To: Allgood Thingsllc Cc: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Subject: RE: Case # NPA-2022-0002.01 Tiffany, I am CC’ing Maureen Meredith who is the case manager for the NPA so your concerns will be included in the case report. I would contact the zoning case manger and also share your concerns with them. In regards to the zoning case, if property owners representing 20% or more of the property within 200’ of the property requesting the zoning change, it triggers a vote of 9 city council members instead of 7. Here is a link to more information for the petitions: https://www.austintexas.gov/sites/default/files/files/Planning/Applications_Forms/Zon ing_Petition.pdf. Mark Staff Note: The property referred to in this email, HighBrow/LowBrow, is not part of this plan amendment and zoning change requests. HighBrow/LowBrow, is on property to the north of the subject property. From: Allgood Thingsllc Sent: Monday, July 25, 2022 12:25 AM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Subject: Case # NPA-2022-0002.01 *** External Email - Exercise Caution *** Hello, This is regarding Plan Amendment Case # NPA-2022-0002.01 Zoning Case # C14-2022-0091 Property Address: 1700 E. 2nd Street, AND 205 Chalmers, (AND 1707 E. 3rd Street AND 207 Chalmers) Thank you for your time. I am a resident within 500 feet of the property in question. I strongly object to their Neighborhood Plan Amendment. Please inform me of any avenues possible to stop this change from happening and my tenant/citizen rights in this situation. I’m not sure where to begin or how much detail I can go into before this letter becomes laborious to read. I don’t want to harangue you; I just want to explain my observations and situation as a neighbor. 27 27 of 296Planning Commission: November 8, 2022 The applicant (also known as HighBrow/LowBrow) has already been running an extremely popular but presumably un-licensed and illegal “speak-easy” outdoor/indoor music venue for several months, utilizing several combined residential properties at the corner of East 3rd and Chalmers, (including but not limited to 1707 East 3rd, and 207 Chalmers. This is across the street from Chalmers Pathways East and Chalmers Pathways South, both of which are housing for the elderly, people with special-needs, and low- income families. HighBrow/LowBrow is destroying the quality of life for this neighborhood. HighBrow/LowBrow is creating numerous disturbances, bringing in hundreds of intoxicated customers in the evening, that they do not have parking for, creating clogged traffic and frequently blocking off the road with traffic cones, unattended vehicles, performer’s van/RV’s Ubers, Lyfts, etc., and inebriated drivers. They operate during the day and as an after-hours club, serve alcohol, regularly set up outdoor stages and DJ booths with performances/outdoor music that is much too loud (to the point of nausea and ear pain), much too late, (sometimes until 7:30 AM the following morning, 12+hrs.). They frequently set up loud generators on the sidewalk outside their fence and leave them running all night long for lighting and PA’s. They advertise (on their website) that they serve alcohol and cater around 600 people, the music and drunken clamor/shouting of which frequently wakes my four children. As HighBrow/LowBrow has brought in nightlife and customers, the crime and amount of car robberies has quickly increased. Residential windows have been smashed. Ambulances have come repeatedly for residents that live closest to their location, seemingly stressed into some sort of emergency from sleeplessness and non-stop noise. There also have been altercations between elderly residents and customers that have required police, fire, and ambulance response. Some of their performances have involved fireworks or fire-dancers performing on top of a stage, (juggling, twirling, throwing flaming objects). This has been at the base of a tree (beneath low branches) and close to a gas-powered generator repeatedly. The applicant has already been running their business without proper permits, concern for safety, or regard for their neighbors. If they are allowed to continue or expand their business activities, especially if emboldened with proper permits, they will undoubtedly continue to impose upon the neighborhood in an intolerable fashion. This is where people and their children live, rest, and play. We cannot do any of those things with HighBrow/LowBrow present. It isn’t just too loud to sleep at night. In the daytime my children say it’s too loud to go outside, and they’re correct. If it’s 28 28 of 296Planning Commission: November 8, 2022 too loud inside with three walls between us and them (and it still bass-thumps your ears), then it’s too loud outside, and that’s just too loud to live in. This is literally what they did in Waco as psychological warfare against the New Branch Davidians. Even the animal residents are greatly affected by their consistent but irregular barrage of noise. Our formerly friendly conure has become distressed to the point of becoming completely anti-social, hiding under a bed every day and tries to bite if you attempt to relocate her. Further, she has become extremely noisy, spreading, and adding to the noise from HighBrow/LowBrow and making a nuisance of herself in the process. I imagine other residents' animals are similarly affected. Once again, please inform me of my options and please bear the above in mind when determining whether to great them further leniency to run amuck through a Mixed-Use Zoning Variance when they are in a Residential neighborhood they already do not respect. Thank You For Your Time, Tiffany Breaux PS If I am mistaken and this is a separate applicant from HighBrow/LowBrow (though I believe they are owned by the same company out of New York), my argument remains the same as another business would only further the existing problems. 29 29 of 296