20240528-033: C14-2022-0118(RCT) - St. John Site Redevelopment; District 4 — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2022-0118(RCT) St. John Site Redevelopment DISTRICT: 4 ADDRESS: 800 East St. John Avenue (formerly 7211 North Interstate Highway 35 Service Road Northbound and 7309 North Interstate Highway 35 Service Road Northbound) ZONING FROM: CS-MU-V-NP TO: CS-MU-V-NP (Restrictive Covenant Termination) SITE AREA: approximately 19.11 acres (approximately 832,431 square feet) PROPERTY OWNER: City of Austin (Michael Gates – Real Estate Officer) AGENT: Christine Freundl, City of Austin (Financial Services Department) CASE MANAGER: Jonathan Tomko (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff recommends granting termination of restrictive covenant 202219204. The applicant is requesting to terminate a restrictive covenant– 202219204 located on the city-owned St. John Site (former Home Depot and former Chrysler Dealership). Granting this request would align the legal parameters of the site with the Transportation Impact Analysis (TIA) that will be developed and approved as part of the City’s Site Development Permit process. This termination is recommended by the Transportation and Public Works Department. PLANNING COMMISSION ACTION / RECOMMENDATION: May 28, 2024: Case is scheduled to be heard by Planning Commission CITY COUNCIL ACTION: TBD ORDINANCE NUMBER: N/A ISSUES: In December 2017, Austin City Council passed Resolution No. 20171207-058 directing the City Manager to work with the community on a new vision for the subject property that would better serve the surrounding St. Johns neighborhood. In July 2020, after two years of outreach and community engagement, City Council passed Resolution No. 20200729-117 affirming the new community vision, initiating this rezoning request (C14-2022-0118) and the associated neighborhood plan amendment (NPA-2022-0029.02), and directing staff to issue an RFP to solicit a development partner to realize the community vision. In June, 2022 the City of Austin Transportation Impact Analysis Guidelines were updated to include a Zoning and Transportation and Analysis (ZTA) requirement for zoning cases where the applications are expected to generate 2,000 or more unadjusted daily trips when a Transportation Assessment of a Full TIA is not required at that time. A ZTA Memo was created for the project and assigned to the property as a Restrictive Covenant when rezoning occurred. Applying the ZTA through a Restrictive Covenant is no longer the practice of the City of Austin. Removal of this RC aligns the site with current review processes. C14-2022-0118(RCT) 2 CASE MANAGER COMMENTS: The subject property is located on the north side of IH 35 between East St. Johns Avenue and Blackson Avenue. The property is comprised of two tracts previously occupied with automotive sales and service, general retail, and civic land uses. The property is currently zoned CS-MU-V-NP and the previous land uses have been discontinued. Immediately east of the subject property are properties zoned SF-3-NP, P-NP, and MF-2-NP that are developed with single family residential, religious assembly, public park and multifamily land uses. Further to the east is the St. Johns residential neighborhood. Across Blackson Avenue to the north and northeast are properties zoned CS-MU-NP, CS-NP and P-NP. These properties are developed with automotive sales, general retail and civic land uses. Across St. Johns Avenue to the south are properties zoned CS-MU-NP, CS-MU-CO-NP and LI- CO-NP that are developed with fast food restaurant, multifamily residential, general retail, and office land uses. Across IH 35 to the west are properties zoned CS-MU-NP, CS-MU-CO-NP and SF-3-NP that are a mix of gas station, limited restaurant, limited retail, automotive sales and single family residential. EXISTING ZONING AND LAND USES: ZONING LAND USES Site North South East West (across I-35) CS-MU-V-NP Civic, Automotive sales and repair service - Vacant CS-MU-NP, and CS-NP Automotive sales, General retail, Civic (post office, CS-MU-NP, CS-MU- CO-NP, LI-CO-NP MF-2-NP, SF-3-NP, and P-NP CS-MU-NP, CS-1-MU- NP and CS-MU-CO-NP medical office) Limited restaurant, Multifamily residential, General retail, Administrative office Religious assembly services, Civic (park), Multifamily residential (fourplex), Single family residential Service station, Limited restaurant, Limited retail, Automotive sale NEIGHBORHOOD PLANNING AREA: St. John/Coronado Hills Combined Neighborhood Planning Area (St. John) WATERSHED: Buttermilk Branch Watershed SCHOOLS: A.I.S.D. Pickle Elementary School Webb Middle School Northeast High School COMMUNITY REGISTRY LIST: Austin Independent School District, Austin Lost and Found Pets, Austin Neighborhoods Council, Friends of Austin Neighborhoods, Go Austin Vamos Austin - North , Homeless Neighborhood Association, Neighborhood Empowerment Foundation, SELTexas, Sierra Club, Austin Regional Group, St. John Neighborhood Assn., St. John Neighborhood Plan Contact Team AREA CASE HISTORIES: There are no recent rezonings in the area. C14-2022-0118(RCT) 3 RELATED CASES: C14-2022-0118 - The Applicant is proposing to rezone approximately 19.11 acres from P-NP and CS-MU-NP; LO-MU-NP to CS-MU-V-NP. NPA-2022-0029.02 - The applicant is proposing to amend a previously approved Neighborhood Plan Case. ADDITIONAL STAFF COMMENTS: Comprehensive Planning The initiation, termination or amending of a Restrictive Covenant is not under the purview of the policies of the Imagine Austin Comprehensive Plan and therefore an Imagine Austin compliance report has not been provided for this case. Environmental No comments on the termination of this restrictive covenant. Fire No comments on the termination of this restrictive covenant. PARD – Planning & Design Review PR1: Restrictive covenant termination should not negatively impact parkland contemplated for this site. Site Plan Site plan comments will be issued at the time of site plan approval. Transportation and Public Works Department – Engineering Review No comments on this restrictive covenant termination. EXISTING STREET CHARACTERISTICS: Name ASMP Classification Existing ROW Existing Pavement Sidewalks Bicycle Route ASMP Required ROW 80’ 86’ 41’ Yes 64’ N/A 58’ 37’ 337’ 304’ No No Capital Metro (within ¼ mile) Yes Yes Yes Bike Lane N/A Shared Lane 3 1 4 East St. Johns Avenue Blackson Avenue North IH- 35 Service Road Northbound TIA: Deferred to site plan. Austin Water Utility No review required C14-2022-0118(RCT) 4 INDEX OF EXHIBITS TO FOLLOW: A. Zoning Map B. Aerial Map C. Applicant’s Summary Letter D. December 7, 2023 Restrictive Covenant ( ( ( ( ( ( SF-3-NP ( SF-3-NP ( ( ( ( ( ( (( SF-3-NP ( M D EL ( ( A ( R AV ( E ( ( ( SF-3-NP ( H C R U H C ( ( V E D N U = BLA (( = ( C K S ( ( SF-3-NP SF-3-NP ( ( O N A V E ( ( ( T L S VA MF-3-NP U D APTS. SP97-0146A SP-95-0375C CS-MU-NP CS-MU-CO-NP SP C97-0216A 74-017 CS-MU-NP LO-MU-CO-NP C14-95-0126 E G A R O T S E V VA C A N T ( TIN A ( ( R A M GR-MU-NP SF-3-NP RESTAURANT P HOTEL B M D S A B R R V 5 S 5 S O N 3 N IH 3 B T N E O S R E D N E A B 5 N N IH 3 C14-98-0130 9 0-7 8 ( ( ( SF-3-NP ( LR-MU-NP C14-02-0125 GR-NP E A 78-102 RZ86-50 REST. TRUCK SERVICES TRUCK & MACHINERY THEATER RZ86-26 RZ87-41 TRUCK REPAIR TRUCK SP95-361CS PARKING CS-MU-NP CONTRACTOR'S SUPPLIES & RENTAL YARD TRUCK MACHINERY SALES & REPAIRS GAS STATION ( SF-3-NP ( CS-MU-CO-NP NURSING HOME 72-86 CS-1-MU-NP MOTEL ! ! ! NEW CARS ! ! ! ! ! ! SALES & SERVICE ! CS-MU-NP CS-MU-NP SERV. SP-98-0174C SERV. RZ86-7 CS-CO-NP MOTEL 71-32 CS-MU-NP B ! D N ! R V 5 S ! N IH 3 ! ! RZ86-47 SP94-185C C14-2011-0115 NP-2011-0029 ! C14-2022-0118 NPA-2022-0029.02 ! CS-MU-V-NP C14-2009-0002 OFFICE SUPPLY SALES ! ! ! SP-94-0185C ! MUNICIPAL COURT & POLICE SUBSTATION ! CS-NP SF-3-NP D ELM ! BLA USED CARS ! C K S ! POSTAL SUB-STATION 70-81 O N A ! V E ! ( SF-3-NP AR AVE ( ( ( ( ( SF-3-NP ! 68-244 ! MF-2-NP ( ! ( P-NP P81-32 ( P81-32 ! ( !! SF-3-NP ( ( = ( = ( ( SF-3-NP ( ! ! P-NP ! ! ! ! ST. JOHN'S SCHOOL ! ! ! ST. JO ! ! SF-3-NP H N S S ! ! C H ! O OL ! 78-160 SF-3-NP WILK S AV E N D E E A R S O N D E C14-2010-0160 NP-2010-0028 R S O N L N E B N LN W B CS-NP E A N D E 73-85 R S O ! ! ! ! N LN S ( ( ! ! ( LR-NP V R B D E ( ( ! LR-MU-NP C14-2017-0086 ( NPA-2017-0029.01 SF-3-NP ! ! ! ! ( ( ! ! ! W H ! ! P-NP E ( ATLE ( ( ( ( SF-3-NP ( ( ( ( ( Y AV E ( SF-3-NP ( E V R A E V R A C SF-3-NP P-NP ( P-NP SF-3-NP ( ( ( ( ( ( ( SF-3-NP ( ( ( ( SF-3-NP ( SF-3-NP ( ( SF-3-NP REST. CS-MU-NP ! ! ! ! CS-MU-CO-NP C14-05-0037.SH 05-0037.SH FREIGHT CO. MEDICAL OFFICE SP-98-0248C LI-CO-NP CS-MU-NP REST. 57-14 M OTEL 71-138 S C 3 1 4 7-0 P-9 S CS-MU-CO-NP NPA-2015-0029.01 C14-2015-0050 LR-MU-CO-NP E V T A T SF-3-NP E N N E B 73-008 REST. C A MIN RZ85-004 O LA C CS-MU-NP O STA 4 7-1 5 MF-3-NP SF-3-NP SF-3-NP SF-3-NP E ST JO H N S AV E SF-3-NP SF-3-NP SF-3-NP B O O K E R A V E E V R A E V R A C SF-3-NP E V E A N U H T E B SF-3-NP NPA-2021-0029.01.SH C14-2021-0005.SH SF-4A-NP E E AV C N E VID O R P SF-3-NP SF-3-NP SF-3-NP SF-3-NP CS-1-MU-NP SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY Restrictive Covenant Termination ZONING CASE#: C14-2022-0118(RCT) 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. O H B T 5 S N IH 3 B S 5 3 H I N P M A D R N A L T N U P M A R B N 5 3 H I O T A D A S O P A L 70-39 T E L E P H O N E C O C14-04-0012 B S D R V S 5 3 H N I CS-NP ± 1 " = 400 ' This product has been produced by the Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Created: 3/29/2024 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!=!=!=!=L28L27C14-2022-0118(RCT)NP-2011-0029C14-2011-0115C14-2022-0118NPA-2022-0029.02C14-2009-0002C14-05-0037.SHC14-04-0012NP-2010-0028C14-2010-0160C14-2009-0012C14-95-0126C14-2015-0050NPA-2015-0029.01C14-2017-0086C14-98-0130NPA-2017-0029.01C14-2021-0005.SHNPA-2021-0029.01.SHC14-02-0125N IH 35 SBN IH 35 NBBENNETT AVEN IH 35 SVRD NBE ST JOHNS AVECARVER AVEN IH 35 SVRD SBBETHUNE AVEBLACKSON AVEWILKS AVEDUVAL STDELMAR AVEBOOKER AVEPROVIDENCE AVEMARTIN AVECAMINO LA COSTAROLAND JOHNSON DRN IH 35 NB TO ANDERSON WB RAMPWHEATLEY AVEE ANDERSON LN EBE ANDERSON LN SVRD EBE ANDERSON LN WBE ANDERSON EB TO N 35 SB RAMPMIDDLE FISKVILLE RDN IH 35 SB TO IH 35 SVRD RAMPLA POSADA TO IH 35 NB RAMPE HUNTLAND DRN IH 35 SVRD NB AT E ST JOHNS TRNN IH 35 SVRD SBBLACKSON AVECARVER AVEDELMAR AVECS-MU-NPCS-MU-V-NPCS-MU-NPCS-MU-CO-NPCS-MU-NPLI-CO-NPCS-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPCS-MU-NPCS-MU-NPSF-3-NPSF-3-NPCS-MU-CO-NPSF-3-NPP-NPSF-3-NPSF-3-NPP-NPP-NPLR-NPSF-3-NPSF-3-NPCS-CO-NPCS-MU-CO-NPSF-3-NPCS-MU-NPCS-MU-CO-NPP-NPGR-MU-NPSF-3-NPSF-3-NPSF-3-NPCS-NPSF-3-NPSF-3-NPP-NPMF-3-NPSF-3-NPSF-3-NPSF-3-NPCS-MU-NPCS-NPSF-3-NPCS-MU-NPGR-NPSF-3-NPSF-3-NPSF-3-NPCS-MU-NPLO-MU-CO-NPSF-3-NPLR-MU-NPLR-MU-CO-NPSF-3-NPMF-3-NPSF-4A-NPSF-3-NPGR-NPMF-2-NPCS-1-MU-NPSF-3-NPLR-MU-NPCS-1-MU-NPSF-3-NPSt. John Redevelopment±This product has been produced by the Planning Department for the sole purpose of geographic reference. No warrantyis made by the City of Austin regarding specific accuracy or completeness.CASE#:LOCATION:SUBJECT AREA:GRID:MANAGER:C14-2022-0118(RCT)800 E St John Ave (formerly7211 N IH 35 Svrd NB; 7309 N IH 35 Svrd NB)19 AcresL28Jonathan TomkoCreated: 4/17/2024SUBJECT TRACTZONING BOUNDARY!!!!!!PENDING CASECREEK BUFFER0200400600800100FeetCity of Austin Financial Services Department P.O. Box 1088 Austin, Texas 78767 February 1st, 2024 Lauren Middleton-Pratt, Director Planning Department 6310 Wilhelmina Delco Drive Austin, TX 78752 SUBJECT: 7211 & 7309 N IH35 – Restrictive Covenant Termination Dear Director Middleton-Pratt, We are requesting the termination of Restrictive Covenant 202219204 located on the city-owned St. John Site (former Home Depot and former Chrysler Dealership). This Restrictive Covenant was placed on the property as part of the Zoning & Transportation Analysis (ZTA) process adopted by Austin City Council in June of 2022 when the rezoning of the properties was completed on December 8th, 2022. Since that time, the site has gone through further design with review and input from the Council-initiated St. John Community Advisory Committee. The current site layout and design no longer aligns with the recommendations of the ZTA, as memorialized in the Restrictive Covenant. Since the time of rezoning, the Economic Development Department (EDD) has also entered into a Master Development Agreement with Greystar Development Central, LLC in partnership with the Housing Authority of the City of Austin (HACA) to develop 526 units of mixed-income housing on the St. John Site. To achieve this, Council approved the sale of the roughly 19-acre site to a Public Facilities Corporation controlled by HACA (Resolution 20220616- 088). Working with the Greystar team, EDD submitted a Site Development Permit application in December of 2023, which per the Master Development Agreement is required to be in place before conveyance of the property can occur. As part of the Site Development Permit process, a Transportation Impact Analysis (TIA) will be approved by the City. EDD has met with staff from the Planning Department (Joi Harden) and Transportation and Public Works Department (Curtis Beaty, Amber Hutchinson), who agreed that the removal of the Restrictive Covenant would not adversely impact the ZTA or TIA process. To that effect, we are requesting that the Restrictive Covenant be terminated to 1) align the legal parameters of the site with the Transportation Impact Analysis that will be developed and approved as part of the City’s Site Development Permit process and 2) allow the property to be conveyed to the HACA-controlled Public Facilities Corporation with free and clear Title. If you have any additional questions, please feel free to contact myself or Christine Freundl, Redevelopment Economic Development Department, Christine.Freundl@austintexas.gov. Sincerely, Project Manager, of Ausitn City Michael Gates Real Estate Officer, City of Austin The City of Austin is committed to compliance with the Americans with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request.