20240528-014: NPA-2023-0025.01 - 5725 W US 290 Hwy; District 8 — original pdf

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Planning Commission: May 28, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET DATE FILED: February 21, 2023 NEIGHORHOOD PLAN: Oak Hill Combined (East Oak Hill) CASE#: NPA-2023-0025.01 PROJECT NAME: 5725 W US Hwy 290 Eastbound PC DATE: May 28, 2024 April 23, 2024 February 27, 2024 January 9, 2024 November 14, 2023 August 8, 2023 ADDRESS/ES: DISTRICT AREA: 8 SITE AREA: 6.514 acres OWNER/APPLICANT: Cheryl Ogle AGENT: DuBois Bryant & Campbell, LLC (David Hartman) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation 5725 W US Hwy 290 Eastbound PHONE: (512) 974-2695 From: Neighborhood Mixed Use To: Mixed Use Base District Zoning Change Related Zoning Case: C14-2024-0040 From: GR-NP NEIGHBORHOOD PLAN ADOPTION DATE: December 11, 2008 CITY COUNCIL DATE: ACTION: TBD To: GR-DB90-NP Planning Commission: May 28, 2024 PLANNING COMMISSION RECOMMENDATION: May 28, 2024 – (action pending) April 23, 2024 – Postponed to May 28, 2024 on the consent agenda at the request of Staff. [G. Anderson – 1st; A. Woods – 2nd] Vote: 11 – 0 [G. Cox and J. Mushtaler off the dais. A. Hayes abstained from Item #27]. February 27, 2024 – Postponed to April 23, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; A. Woods – 2nd] Vote: 11-0 [J. Mushtaler off the dais. F. Maxwell absent]. January 9, 2024 – Postponed to February 27, 2024 on the consent agenda at the request of staff. [F. Maxwell – 1st; A. Azhar – 2nd] Vote: 10-0 [G. Anderson and A. Woods absent. One vacancy on the dais]. November 14, 2023 – Postponed to January 9, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 12-0 [N. Barrera-Ramirez off the dais]. September 26, 2023 – Postponed to November 14, 2023 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 10-0 [C. Hempel and P. Howard and J. Mushtaler absent]. August 8, 2023 – Postponed to September 26, 2023 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 10-0 [T. Shaw and J. Mushtaler absent. One vacancy on the dais]. STAFF RECOMMENDATION: Staff supports the Applicant’s request for Mixed Use land use. BASIS FOR STAFF’S RECOMMENDATION: The property is a 6.5 acre tract of land on the south side of US 290 Hwy EB. On the north side of US Hwy 290 WB is Neighborhood Commercial land use, which also appears to have property in the flood plain. Directly to the east of the property is Neighborhood Mixed Use and Civic land use where Clint Small Middle School is located. To the south and west is Neighborhood Mixed use land use. Although the Mixed Use land use predominately at the southwest intersection of S MOPAC Expressway and W US 290 HWY, staff believes Mixed Use land use on this tract would be appropriate given the property has frontage along a major highway. At the virtual community meeting the applicant stated the proposal is to build approximately 305 multifamily residential uses which will add housing units to help meet the Austin Strategic Housing Blueprint’s goal of producing more affordable housing units should the applicant pursue the Density Bonus – 90 development option. See zoning case report C14- 2024-0040 for details on the Density Bonus -90 ordinance and how it would apply to this property. 2 Planning Commission: May 28, 2024 Below are sections of the neighborhood plan that staff believes supports the applicant’s request for Mixed Use land use. 3 Planning Commission: May 28, 2024 LAND USE DESCRIPTIONS: EXISTING LAND USE: scale retail or offices, professional services, convenience retail, and Neighborhood Mixed Use - An area that is appropriate for a mix of neighborhood commercial (small shopfront retail that serve a market at a neighborhood scale) and small to medium residential uses. Purpose 1. Accommodate mixed use development in areas appropriate for a mix of residential uses density ‐ ‐ and neighborhood commercial uses that serve surrounding neighborhoods; and 2. Provide transition from residential use to high intensity commercial or mixed use. Application 1. Appropriate for areas such as minor arterials and collectors, small parcels along major family residential development, and areas in environmentally arterials that abut single sensitive zones where high intensity commercial uses are discouraged; and 2. May be used as a transition from high intensity commercial and residential uses to ‐ single family residential uses. ‐ PROPOSED LAND USE: 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; 4 Planning Commission: May 28, 2024 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; 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 No 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: • 0.86 miles from Oak Hill Redevelopment in Environmental Areas Center Yes Mobility and Public Transit: Located within 0.25 miles of public transit stop and/or light rail station. • Bus routes along U.S. Hwy 290 Yes Yes 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 5 Planning Commission: May 28, 2024 services, and/or employment center. church, gas station. • Limited services along U.S. Hwy 290 (U.S. Post Office, office building, care services, No 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. • 1.3 miles from Target Store with grocery • 0.2 miles from Patton Elementary School • Yes Connectivity and Healthy Living: Provides or is located within 0.50 miles from a recreation area, park or walking trail. • • 341 feet from Westcreek Pocket Park and soccer fields 0.7 miles from Jerry Butler Field (Mustang 2) 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 Baylor Scott & White 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. • Approximately 305 multifamily residential units are proposed Yes Mixed use: Provides a mix of residential and non-industrial uses. • The proposed zoning of GR-DB90-NP would allow for a mix or residential and commercial 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. 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” No Yes Yes No No No No No 8 N/A N/A N/A N/A N/A PUD Zoning is not 6 Planning Commission: May 28, 2024 proposed Proximity to Imagine Austin Activity Centers and Corridors 7  Proximity to Public Parks Planning Commission: May 28, 2024 8  Proximity Public Transportation Planning Commission: May 28, 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. 9 Planning Commission: May 28, 2024 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 10 Planning Commission: May 28, 2024 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 21, 2023. The applicant proposes to change the land use on the future land use map from Neighborhood Mixed Use to Mixed Use for an approximately 305-unit multifamily development. The applicant proposes to change the zoning on the property from GR-NP (Community Commercial Services district to Neighborhood Plan) to GR-DB90-NP (Community Commercial Services district – Density Bonus 90 combining district – Neighborhood Plan. For more information on the zoning request, see case report C14-2024-0040. PUBLIC MEETINGS: The ordinance-required community meeting was virtually held on April 25, 2024. The recorded meeting can be found here: https://publicinput.com/u4327. Approximately 337 community meeting notices were mailed to people or have utility accounts or own property within 500 feet of the property, in addition to neighborhood and environmental groups who requested notification for the area. Two City staff members attended the meeting from the Planning Department, Maureen Meredith and Mark Walters. David Hartman from DuBois Bryant & Campbell, LLP, the applicant’s agent attended and Sam Hughes, a colleague on the project. Twenty-one people from the neighborhood attended. Below are highlights from David Hartman’s presentation: • Property is 6.527 acres. It is a vacant office building, used as the former Bank of America with a 10-lane drive through. • US Hwy 290 is ASMP Level 5 Street, Frontage Road is ASMP Level 4 Street and Westcreek Blvd is ASMP Level 2 Street. It’s adjacent to the new Capital Metro Pickup North Oak Hill Service Zone. • There are multiple Capital Metro bus routes and stops near the property. • • There’s an Oak Hill Parkway Bicycle Pedestrian Shared use path. • • Property is nearby several Imagine Austin Centers It’s currently zoning GR-NP and proposed zoning is GR-DB90-NP Q: How many floors is proposed under DB90? A: This project has a site plan under review now and believe it’s five floors and 70 feet, which is the height on the site plan being reviewed. 11 Planning Commission: May 28, 2024 Q: How many housing units are proposed? A: We don’t have exact numbers, but approximately 305 units as we have it laid out. Q: Do you have a breakdown of the size of the units? A: The mix of units won’t be decided unit site plan that is under review by the City now. It won’t be decided until the final site development permit, which could be later this year or early next year. Q: What are the specific infrastructure improvements that will be needed for this development? A: That is a site plan question. Austin Water is one of the departments will review it and will comply with all requirements. Also, the Fire Department will have to make sure there is appropriate water pressure. Q: The property has three ingress/egress access points on Westcreek Drive, do you see all three will stay? A: This is another site plan question, but from what we know from other projects, we could possibility close one or two on Westcreek Drive and there are two on the Hwy. Typically there is one entrance from each street and possibly an emergency access point. Q: Why is there no TIA? A: A TIA is not required at the zoning stage but will be done at the site plan stage. We will comply with all regulations at the site plan stage and once the City gets further into the staff review. Q: Will an Educational Impact Statement (EIS) be done? A: Before City Council, AISD will do the EIS. 12 Applicant Summary Letter from Application Planning Commission: May 28, 2024 13 Planning Commission: May 28, 2024 Letter of Recommendation from the Neighborhood Plan Contact Team (NPCT) 14  Presentation Submitted by the Oak Hill Combined NPCT Planning Commission: May 28, 2024 15 Planning Commission: May 28, 2024 16 Planning Commission: May 28, 2024 17 Planning Commission: May 28, 2024 18 Planning Commission: May 28, 2024 19 Planning Commission: May 28, 2024 20 Planning Commission: May 28, 2024 21 Planning Commission: May 28, 2024 Site 22 Planning Commission: May 28, 2024 23 Planning Commission: May 28, 2024 24 Planning Commission: May 28, 2024 25 Planning Commission: May 28, 2024 26 Planning Commission: May 28, 2024 27  David Hartman’s Presentation at the April 25, 2024 Virtual Community Meeting Planning Commission: May 28, 2024 28  Planning Commission: May 28, 2024 29  Planning Commission: May 28, 2024 30  Planning Commission: May 28, 2024 31 Planning Commission: May 28, 2024 32  Planning Commission: May 28, 2024 33 Planning Commission: May 28, 2024 34  Planning Commission: May 28, 2024 35 Planning Commission: May 28, 2024 36  Planning Commission: May 28, 2024 37 Planning Commission: May 28, 2024 38 Planning Commission: May 28, 2024 39 Planning Commission: May 28, 2024 Correspondence Received 40  Planning Commission: May 28, 2024 41 Planning Commission: May 28, 2024 42 Planning Commission: May 28, 2024 43 Planning Commission: May 28, 2024 44 Planning Commission: May 28, 2024 45 Planning Commission: May 28, 2024 46 Planning Commission: May 28, 2024 47 Planning Commission: May 28, 2024 48 Planning Commission: May 28, 2024 49 Planning Commission: May 28, 2024 50 Planning Commission: May 28, 2024 51 Planning Commission: May 28, 2024 52 Planning Commission: May 28, 2024 53 Planning Commission: May 28, 2024 54 Planning Commission: May 28, 2024 55 Planning Commission: May 28, 2024 56 Planning Commission: May 28, 2024 57 Planning Commission: May 28, 2024 58 Planning Commission: May 28, 2024 59 Planning Commission: May 28, 2024 60 Planning Commission: May 28, 2024 61 Planning Commission: May 28, 2024 62 Planning Commission: May 28, 2024 63 Planning Commission: May 28, 2024 64 Planning Commission: May 28, 2024 65 Planning Commission: May 28, 2024 66 Planning Commission: May 28, 2024 67 Planning Commission: May 28, 2024 68 Planning Commission: May 28, 2024 69 Planning Commission: May 28, 2024 70 Planning Commission: May 28, 2024 71 Planning Commission: May 28, 2024 72 Planning Commission: May 28, 2024 73 Planning Commission: May 28, 2024 From: Ross LyBrand Sent: Tuesday, May 21, 2024 6:53 AM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov>; marcelle.budreaux@austintexas.gov Subject: Response to Case C14-2024-0040 Maureen/Marcelle, I’m writing in again about related zoning case C14–2024–0015. Not only are my sentiments on this rezone request a no, but they are a hard hell fuck no, as is every person I’ve talked to in this neighborhood of Westcreek. WHY THE FUCK IS THIS EVEN IN APPLICATION CITY OF AUSTIN? Can’t you sniff out anything for fucks sake. This developer is lying about their intent, but they are doing it in plain sight with the DB-90 ask/add (taking cues from City Council). This developer cannot make the construction of their deal work without this designation and rezone by the current owner because interest rates are too high so they think us taxpayers are communist fucks like them and we should pay for everything by giving them this designation so they can qualify for CDBG Grants and funding (FREE GOVERNMENT TAXPAYER MONEY). The current owner can only get her sales asking price that she wants for this land if she adds this designation, then flips it to the developer. Both of these fucking assholes think that my neighborhood needs more affordable housing, but we already have Alexander Oaks. You tell those son of a bitches they are NOT WELCOME. If I weren’t going to be out of town on 5/28 (sneaky ass scheduling around the holidays) I’d be there with my boots to stick straight up a lying motherfuckers ass. I want fucking answers NOW, why the FUCK wasn’t app rejected? Ross LyBrand 713-906-2039 74 Planning Commission: May 28, 2024 75 Planning Commission: May 28, 2024 76