12 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3.pdf — original pdf

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Planning Commission: April 23, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NEIGHORHOOD PLAN: South Congress Combined (East Congress) CASE#: NPA-2022-0020.01 DATE FILED: February 22, 2022 PROJECT NAME: Industrial Blvd and Terry O Ln PC DATES: April 23, 2024 March 26, 2024 March 12, 2024 February 13, 2024 August 8, 2023 June 13, 2023 April 25, 2023 December 13, 2022 (meeting cancelled) November 8, 2022 September 27, 2022 August 9, 2022 DISTRICT AREA: 3 SITE AREA: 5.79 acres ADDRESS/ES: 439-511& 515 Industrial Blvd (odd #s only) & 4208 Terry O Lane OWNER/APPLICANT: Basalt Cannon LLC, Delwau LLC, Jasdayal LLC, Lunar Y LLC, Ungar Holdings LLC AGENT: Civilitude (Nhat Ho) [Previous agent was Drenner Group, PC (Leah M. Bojo) CASE MANAGER: Maureen Meredith PHONE: (512) 974-2695 STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation From: Industry To: Mixed Use 1 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 Base District Zoning Change Related Zoning Case: C14-2022-0062 From: LI-NP To: LI-PDA-NP ACTION: NEIGHBORHOOD PLAN ADOPTION DATE: August 18, 2005 CITY COUNCIL DATE: TBD PLANNING COMMISSION RECOMMENDATION: April 23, 2024 – (action pending) March 26, 2024 – Postponed to April 23, 2024 on the consent agenda at the request of staff. February 13, 2024 – Postponed to March 26, 2024 at the request of staff on the consent agenda. [A. Woods – 1st; F. Maxwell – 2nd] Vote: 11-0 [C. Hempel and J. Mushtaler absent. G. Anderson recused from Item #8). August 8, 2023 – Approved the applicant’s request for an indefinite postponement on the consent agenda. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 10-0 [T. Shaw and J. Mushtaler absent. One vacancy on the dais]. June 13, 2023 – Postponed to August 8, 2023 on the consent agenda at the request of staff. Vote: 11-0 [A. Woods – 1st; A. Azhar – 2nd] Vote: 11-0 [C. Hempel absent. One vacancy on the dais]. April 25, 2023 – Postponed to June 13, 2023 on the consent agenda at the request of staff. [N. Barrera-Ramirez 1st; F. Maxwell – 2nd] Vote: 8-0 [A. Azhar, J. P. Connolly, Y. Flores, A. Haynes, and F. Woods absent]. December 13, 2022 - (meeting cancelled) November 8, 2022 – Postponed to December 13, 2022 on the consent agenda at the request of staff. [C. Hempel – 1st: J. Shieh – 2nd] Vote: 11-0 [R. Schneider absent. One vacancy on the dais]. September 27, 2022 – Postponed to November 8, 2022 on the consent agenda at the request of staff. [C. Hempel – 1st; G. Cox – 2nd] Vote: 9-0 [J. Mushtaler, J. Thompson, R. Schneider absent. One vacancy on the dais]. 2 2 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 August 9, 2022 – Postponed to September 27, 2022 on the consent agenda at the request of staff. [A. Azhar – 1st; C. Hempel -2nd] Vote: 9-0 [G. Anderson off the dais. J. Mushtaler, S. R. Praxis and R. Schneider absent]. STAFF RECOMMENDATION: To grant the applicant’s request for Mixed Use land use. BASIS FOR STAFF’S RECOMMENDATION: The applicant proposes a mixed-use development with commercial, clean industrial and residential uses. Staff supports the applicant’s request for Mixed Use land use because the area has been transitioning from industry to mixed use for several years. The property is not within an Imagine Austin Jobs Center where industrial uses are desired to be preserved. There is Mixed Use land use to the north, east, and west of the property. 3 3 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 Below are sections from the South Congress Neighborhood Plan staff believes supports the applicant’s request: The industrial nature of the St. Elmo district has been evolving over a number of years to a mixed use area that includes residential uses. 4 4 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 LAND USE DESCRIPTIONS EXISTING LAND USE ON THE PROPERTY Industry - Areas reserved for manufacturing and related uses that provide employment but are generally not compatible with other areas with lower intensity use. Industry includes general warehousing, manufacturing, research and development, and storage of hazardous materials. Purpose 1. To confine potentially hazardous or nuisance‐creating activities to defined districts; 2. To preserve areas within the city to increase employment opportunities and increased tax base; 3. To protect the City’s strategic advantage as a high tech job center; and 4. To promote manufacturing and distribution activities in areas with access to major transportation systems. Application 1. Make non‐industrial properties in areas with a dominant industrial character compatible with the prevailing land use scheme; 2. Where needed, require a buffer area for industrial property that abuts residentially used land; 3. Industry should be applied to areas that are not appropriate for residential or mixed use development, such as land within the Airport Overlay; 4. In general, mixed use and permanent residential activities are not appropriate in industrial areas. An exception may be the edge of an industrial area along the interface with an area in which residential activities are appropriate. Such exceptions should be considered case by case, with careful attention to both land use compatibility and design; 5. Industry should not be either adjacent to or across the road from single family residential or schools; 6. Use roadways and/or commercial or office uses as a buffer between residential and industry; and 7. Smaller scale “local manufacturing” districts may be appropriate in some locations to preserve employment opportunities and cottage industries of local artisans. In these areas, 5 5 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 hazardous industrial uses (i.e. basic industry, recycling centers, and scrap yards) should be prohibited. 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; 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; 6 6 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 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 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: • Near South Congress Avenue, an activity corridor. • South of St. Edwards Neighborhood Center Mobility and Public Transit: Located within 0.25 miles of public transit stop and/or light rail station. Mobility and Bike/Ped Access: Adjoins a public sidewalk, shared path, and/or bike lane. Connectivity, Good and Services, Employment: Provides or is located within 0.50 miles to goods and services, and/or employment center. Connectivity and Food Access: Provides or is located within 0.50 miles of a grocery store/farmers market. Connectivity and Education: Located within 0.50 miles from a public school or university. Connectivity and Healthy Living: Provides or is located within 0.50 miles from a recreation area, park or walking trail. • St. Edwards University to the north • St. Elmo Elementary School • Battlebend Springs Neighborhood Park • South of the proposed Bergstrom Spur Trail • Williamson Creek Central Greenbelt • St. Elmo School Park Connectivity and Health: Provides or is located within 0.50 miles of health facility (ex: hospital, urgent care, doctor’s office, drugstore clinic, and/or specialized outpatient care.) • 0.8 miles from St. David’s South Austin Medical Center Housing Affordability: Provides a minimum of 10% of units for workforce housing (80% MFI or less) and/or fee in lieu for affordable housing. 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. • Applicant proposes approximately 400 residential uses. Yes Mixed use: Provides a mix of residential and non-industrial uses. • Applicant proposes ~400 residential uses, ~735,000 sq. ft. of commercial uses and ~40,000 sq. ft. of clean 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 Yes Yes No Yes No Yes Yes No No Yes No No No Not known 7 7 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 training. Industrial Land: Preserves or enhances industrial land. 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” Proximity to Imagine Austin Activity Centers and Corridors No 7 n/a n/a n/a n/a n/a PUD zoning is not proposed 8 8 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3 Proximity to Public Parks Planning Commission: April 23, 2024 9 9 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3 Proximity to Public Transportation Planning Commission: April 23, 2024 10 10 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 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. 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. 11 11 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 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 plan amendment application was filed on February 28, 2022. At the time of filing and when the virtual community meeting was held, Leah Bojo from Drenner Group, PC was the agent hired by the property owners. On or about March 29, 2023 staff was informed that Drenner Group, PC was no longer representing the property owners and that Nhat Ho, from Civilitude would be the new agent. The applicant proposes to change the future land use map from Industry to Mixed Use. The applicant proposes to change the zoning on the property from LI-NP (Limited Industrial Services district – Neighborhood Plan) to LI-PDA-CO-NP (Limited Industrial Services district – Planned Development Area – Conditional Overlay combining district – Neighborhood Plan) to build a mixed use development to include ~400 residential units, ~735,000 sq. ft. of commercial uses, and ~40,000 sq. ft. of clean industrial uses. For more information on the proposed rezoning, see case report C14-2022-0062. 12 12 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 PUBLIC MEETINGS: The ordinance-required community meeting was virtually held on September 7, 2022. Approximately 142 community meeting notices were mailed to utility account holders and property owners who live within 500 feet of the property, in addition to neighborhood and environmental groups who requested notification for the area in the community registry. Two staff members attended the meeting, Maureen Meredith and Mark Walters from the Planning Department. Also in attendance was Leah Bojo and Drew Raffaele from Drenner Group, who were the applicant’s agents a the time of the meeting. (The new agent as of March 2023 is Nhat Ho from Civilitude.) One person from the neighborhood attended. Below are highlights from Leah Bojo’s presentation: • The property is currently vacant. • There is good public transportation near the property and the property is near the proposed Bergstrom Spur Trail. • The property is currently zoned LI-NP and we are proposing LI-PDA-NP • The proposed uses are approximately 400 residential uses, approximately 765,000 sf of commercial uses and approximately 40,000 sf of clean industrial uses. • The proposed prohibited uses are Basic Industry, General Warehousing and Distribution, Resource Extraction, Recycling Center and Scrap and Salvage. • With a Planned Development Area we are able to request modifications of the site development standards, so we are requesting the following: Q: Why did you chose 150 feet for the building height when that is much higher than what is allowed on the surrounding properties? I have concerns about the height, but at 150 feet you will be looking down on the homes in Battlebend Neighborhood. This doesn’t do the neighborhood any good. A: We looked at the square footage we wanted to achieve and then backed into the 150 foot height. We are in the early stages to have information on the design, this will come later where the height might be on the site, but we are asking for 150 feet on the entire site. Comment: • I have concerns about the traffic and cut-through traffic once you add so many more people to the area with unimproved roads. I’m also concerned about how to get people to mass transit. 13 13 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 Updated Applicant Summary Letter from Application 14 14 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 15 15 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Letter of Recommendation from the Neighborhood Plan Contact Team (NPCT) Planning Commission: April 23, 2024 (No letter as of April 17, 2024) From: Meredith, Maureen Sent: Tuesday, April 9, 2024 9:29 AM Cc: Estrada, Nancy <Nancy.Estrada@austintexas.gov> Subject: 2nd Request SCC NPCT Rec ltr?: NPA-2022-0020.01_Industrial Blvd & Terry O Importance: High Dear South Congress Combined NPCT: Cases NPA-2022-0020.01 and C14-2022-0062_Industrial Blvd &Terry O (see attached maps) will be on the April 23, 2024 Planning Commission hearing date. If you would like your Team’s letter of recommendation to be included in the staff case reports, please email it to me and Nancy Estrada (the zoning planner) by 5:00 pm on Wednesday, April 17, 2024. If we get it after this date and time, we will submit it as late material to the Planning Commissions, but it will not be in the staff reports. NOTE: April 23, 2024 PC hearing will be for consent cases only (items with no opposition). If a case is pulled for discussion due to opposition at the April 23, 2023 hearing, those case will be postponed to a future PC hearing date. Thanks. Maureen Maureen Meredith (she/her) Senior Planner – Inclusive Planning Division City of Austin Planning Department P: (512) 974-2695 E: Maureen.Meredith@austintexas.gov 16 16 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 South Congress NPCT Correspondence 17 17 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 18 18 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 19 19 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 Site 20 20 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 21 21 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 22 22 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 23 23 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 24 24 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 25 25 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3 Leah Bojo’s Presentation at the Sept. 7, 2022 Virtual Community Meeting. Planning Commission: April 23, 2024 26 26 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 27 27 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 28 28 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 29 29 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 30 30 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3Planning Commission: April 23, 2024 31 31 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3 Planning Commission: April 23, 2024 Correspondence Received (No correspondence received) 32 32 of 3212 NPA-2022-0020.01 - Industrial Blvd and Terry O Ln; District 3