08 NPA-2023-0013.01 - 200 W. Mary; District 9 — original pdf

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Planning Commission: June 11, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET DATE FILED: February 24, 2023 NEIGHORHOOD PLAN: Bouldin Creek CASE#: NPA-2023-0013.01 PROJECT NAME: 200 W. Mary PC DATE: June 11, 2024 May 28, 2024 December 12, 2023 November 14, 2023 September 26, 2023 August 8, 2023 ADDRESS/ES: DISTRICT AREA: 9 SITE AREA: 0.1585 acres (6,904.43 sq. ft.) OWNER/APPLICANT: Herb Bar Soco, LLC AGENT: Husch Blackwell, LLP (Nikelle Meade) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation 200 and 204 W. Mary Street PHONE: (512) 974-2695 From: Single Family Base District Zoning Change To: Mixed Use Related Zoning Case: C14-2023-0021 From: SF-3-NP To: GR-MU-NP (as amended) NEIGHBORHOOD PLAN ADOPTION DATE: May 23, 2002 CITY COUNCIL DATE: TBD ACTION: Planning Commission: June 11, 2024 PLANNING COMMISSION RECOMMENDATION: June 11, 2024– (Action pending) May 28, 2024 – Postponed to June 11, 2024 on the consent agenda at the request of staff. [F. Maxwell – 1st; A. Woods – 2nd] Vote: 10-0 [G. Cox off the dais. P. Howard and A. Phillips absent]. December 12, 2023 – Postponed Indefinitely on the consent agenda at the request of the Applicant. [F. Maxwell – 1st; A. Azhar – 2nd]. Vote: 11-0 [N. Barrera – Ramirez and P. Howard absent]. November 14, 2023 – Postponed to December 12, 2023 on the consent agenda at the request of the Applicant. [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, P. Howard and J. Mushtaler absent. One vacancy on the dais]. 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 recommends an alternate land use of Neighborhood Mixed Use to be consistent with the Zoning Staff recommendation of LR-MU-NP. BASIS FOR STAFF’S RECOMMENDATION: Staff does not support the applicant’s request for Mixed Use land use, but instead supports Neighborhood Mixed Use, which is more compatible being adjacent to low-density residential development to the north, south, east, and west and is consistent with the zoning recommendation of LR-MU-NP. The property is 0.1586 acres (6,904.43 sq. ft.) in size. At 200 West Mary Street is the Herb Bar that sells herbal products in a 720 sq. ft. building. The 1,249 sq. ft. building at 204 W. Mary Street is a where Austin Massage Master is located. Staff feels the applicant’s proposal to rezone the property to expand the uses to include a small-scale restaurant with alcohol sales with patio seating, kitchen, food preparation, consulting, product preparation and storage, seminar and meeting space, office, and classroom is too intense for a small lot being near single family residential uses to the north, south, east and west. The property is approximately 370 feet South Congress Avenue, which is an Activity Corridor on the Imagine Austin Growth Concept Map. The properties are associated with the Robert S. Stanley House located at 1811 Newton Street which is designated as a Texas Historic Landmark (https://texashistory.unt.edu/ark:/67531/metapth491640/). The property at 200 West Mary Street was noted as a high-priority building on the City’s Historic Preservation survey, which 2 Planning Commission: June 11, 2024 was built in 1927 as general store for Robert Stanley’s wife to operate at the time and is now the Herb Bar. The property at 204 West Mary Street (built in 1935 according to TCAD) was noted as a low-priority building on the City’s Historic Preservation survey, which is where a therapy massage business operates. Stanley House LAND USE DESCRIPTIONS: EXISTING LAND USE: Single family - Single family detached or up to three residential uses at typical urban and/or suburban densities. Purpose 1. Preserve the land use pattern and future viability of existing neighborhoods; 2. Encourage new infill development that continues existing neighborhood patterns of development; and 3 Planning Commission: June 11, 2024 3. Protect residential neighborhoods from incompatible business or industry and the loss of existing housing. Application 1. Existing single‐family areas should generally be designated as single family to preserve established neighborhoods; and 2. May include small lot options (Cottage, Urban Home, Small Lot Single Family) and two‐family residential options (Duplex, Secondary Apartment, Single Family Attached, Two‐Family Residential) in areas considered appropriate for this type of infill development. 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; 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 4 Planning Commission: June 11, 2024 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. STAFF’S RECOMMENDED 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. ‐ 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: Yes Mobility and Public Transit: Located within 0.25 miles of public transit stop and/or light rail station. • Approx. 400 feet from South Congress Ave. • Approx. 0.20 miles from S. 1st Street • Bus routes and Metro Rapid on South Congress Ave. • Bus routes on South 1st Street 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 Yes Yes 5 Planning Commission: June 11, 2024 Yes services, and/or employment center. Connectivity and Food Access: Provides or is located within 0.50 miles of a grocery store/farmers market. • • • 0.2 miles from Tiny Grocer 0.5 miles from H-E-B, 2301 S Congress Ave 0.6 miles from David’s Food Yes Connectivity and Education: Located within 0.50 miles from a public school or university. 0.2 miles from Lively Middle School 0.8 miles from Travis Heights Elementary School Yes Connectivity and Healthy Living: Provides or is located within 0.50 miles from a recreation area, park or walking trail. 0.3 miles from South Austin Island. 0.7 miles from Blunn Creek Greenbelt 0.8 miles from Little Stacy Neighborhood Park 0.8 miles from Ricky Guerrero Park No No Yes 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 CommUnityCare: South Austin Health 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. • The proposed zoning of GR-MU-NP would allow for a mix of residential and commercial uses. The applicant is not proposing residential uses. Yes Mixed use: Provides a mix of residential and non-industrial uses. • The proposed zoning of GR-MU-NP would allow for a mix of residential and commercial uses. The applicant is not proposing residential uses. Yes Culture and Creative Economy: Provides or is located within 0.50 miles of a cultural resource (ex: library, theater, museum, cultural center). 0.6 miles from Austin Public Library, 1800 S 5th St * Culture and Historic Preservation: Preserves or enhances a historically and/or culturally significant site. • The properties are associated with the Robert S. Stanley House which is a Texas Historic Landmark (https://texashistory.unt.edu/ark:/67531/metapth491640/) *200 West Mary Street was noted as a high-priority building on the City’s Historic Preservation survey *204 West Mary Street was noted as a low-priority building on the City’s Historic Preservation survey Not known Not known No 10 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” • • • • • • • • • 6 Planning Commission: June 11, 2024 Proximity to Imagine Austin Activity Centers and Corridors 7 Planning Commission: June 11, 2024 Proximity to Public Parks 8 Planning Commission: June 11, 2024 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. 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 9 Planning Commission: June 11, 2024 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 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 10 Planning Commission: June 11, 2024 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 applicant proposes to change the land use on the future land use map (FLUM) from Single Family to Mixed Use. Staff recommends Neighborhood Mixed Use land use because it is a more compatible land use being adjacent to single family land use to the north, south, east, and west. The applicant proposes to change the zoning on the property from SF-3-NP (Family Residence district – Neighborhood Plan) to GR-MU-NP (Community Commercial district – Mixed Use – Neighborhood Plan). For more information on the proposed zoning, see case report C14-2023-0021. The property is 0.15 acres in size. The applicant proposes to expand the existing uses to include a small-scale restaurant with alcohol sales and outdoor patio seating, kitchen, food preparation, product preparation and storage, consulting, seminar and meeting space, office, classroom uses. The properties are associated with the Robert S. Stanley House located at 1811 Newton Street which is designated as a Texas Historic Landmark (https://texashistory.unt.edu/ark:/67531/metapth491640/). The building at 200 West Mary Street was noted as a high-priority building on the City’s Historic Preservation survey, which was built in 1927 as general store for Robert Stanley’s wife to operate at the time and is now the Herb Bar. The building at 204 West Mary Street (built in 1935 according to TCAD) was noted as a low-priority building on the City’s Historic Preservation survey, which is where a therapy massage business operates. 204 200 11 Planning Commission: June 11, 2024 PUBLIC MEETINGS: The ordinance-required community meeting was virtually held on April 27, 2023. The recorded meeting can be viewed here: https://publicinput.com/b1170. Approximately 696 meeting notices were mailed to people who have utility accounts or owned property within 500 feet of the subject property in addition to neighborhood and environmental groups who requested notification for the area. Two city staff members from the Planning Department attended, Maureen Meredith and Mark Walters, in addition to Alecia Mosadomi from Husch Blackwell, LLP, the applicant’s agent. Five people from the neighborhood attended. Below are highlights from Alecia Mosadomi’s presentation: • The property is located at 200 and 204 West Mary Street. This property has a long history of being an integral part of the neighborhood. • Since 1900’s there has been a general store on the property and has been the Herb Bar since the 1980’s. • We understand the role the Herb Bar has been to the neighborhood and want to maintain this relationship while making improvements. • The prior uses have been general retail and food sales. The property is zoned SF-3- NP and we proposed CS-MU-NP (amended to GR-MU-NP on May 10, 2024) to add a small-scale restaurant use to the property. • We want to modernize the buildings on the property and expand what we can offer, such as preparation and meeting space for the Herb Bar, restaurant, kitchen, and patio. • This is a draft concept plan to give you an idea of what is proposed. • We will add some parking spaces to the property. • The Kendra Scott Flagship store property at 1701 S. Congress Ave is an example of what is proposed where the existing building is scaled for the neighborhood. It’s made to look like a home. • We need CS zoning for the food service and alcohol use and to expand what the Herb Bar wants to use the property for. They want to expand the Herb Bar to include office use, classroom and seminar space, consulting space and space for product preparation and storage. We also want to add a kitchen, restaurant, and patio to serve food and alcohol. 12 Planning Commission: June 11, 2024 • LR doesn’t allow the small-scale restaurant with a seating area and the GR does not allow us to maximum the small lot. We thought the CS zoning would allow the uses we want and maybe add future residential. • We think would be consistent with Mixed Use FLUM to allow flexibility for changing marketplace. Q: Where will you put the dumpster? What time will they pick up the dumpster? Where will they put the parking? I don’t want to live next to a honky-tonk. Where is the guy getting the money to make all these improvements to the property? A: This is just a conceptual plan, and I don’t know where the dumpsters will be or when the dumpsters will be picked up. The intention is the try to park as the Code allows even if it means making the restaurant smaller. We heard the neighborhood’s concerns about parking. We are talking about a small-scale restaurant that doesn’t need a lot of parking. Q: This is a single-family zoned site that has a historic use exception for a small shop. The request to upzone is no different than any house on Eva Street asking for the same. The desire to push commercial into the residentially zoned area will unlock the commercial possibilities on all the homes and push the commercial uses from South Congress Ave into the residential area. A: I appreciate you comments, but part of the reason this property was chosen because it has a long precedent of food sales and retail on the property. We are adding the ability for people to sit outside and have light-bites and patronize the Herb Bar, which is why the property should not be zoned SF-3-NP. In 1900’s a general store was started and continued until 1980’s when the Herb Bar began operating. Q: Where would the deck face? A: The deck would face onto Mary Street Q: What about music and audio entertainment, my understanding was from previous conversations with Ms. Mosadomi that there is going to be outdoor entertainment. How does this relate to the proposed zoning change? A: It is my understanding the Code, in the LR zoning district, if you can do a restaurant that is less than 50% beer and wine, they cannot have outdoor music. Q: How far from the property line is from the Lively Middle School. I think it might be near the State Mandated prohibition to sell alcohol near public schools. A: I don’t have that information in front of me, but we will look into this. Comments: • I live next door to the property. I am against it. I don’t want to live next to a honky- tonk. It was a food store historically which makes it a stretch to make it a bar or restaurant. • • The City is in the process of getting rid of parking requirements. • There are residential parking permits on Eva Street, so people won’t be able to park in Eva Street. 13 Applicant Summary Letter from Application Planning Commission: June 11, 2024 14 Planning Commission: June 11, 2024 From: Meade, Nikelle <Nikelle.Meade@huschblackwell.com> Sent: Friday, May 10, 2024 3:32 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Cc: Tomko, Jonathan <Jonathan.Tomko@austintexas.gov> Subject: Re: REVIEW May 28 PC Notice: NPA-2023-0013.01_200 W. Mary External Email - Exercise Caution Hi Jonathan, By this email I am amending the zoning application in this case from a request for a base district of CS to a request for a base district of GR. The rest of our request remains the same. Thank you so much and apologies the delay in getting this to you. Nikelle Meade Partner Husch Blackwell LLP 512.992.6001 15 Planning Commission: June 11, 2024 Letter of Recommendation from the Neighborhood Plan Contact Team (NPCT) From: Bradford Sent: Tuesday, September 19, 2023 4:28 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Cc: Bob Sessa < >; Gardner Selby < >; Jody Zemel < > Subject: 200 West Mary, C14-2023-0021, NPA-2023-0013.01, PC 9/26/23 External Email - Exercise Caution The Bouldin Creek Neighborhood Plan Contact Team (BCNPCT) is not prepared to support the proposed neighborhood plan change for the parcel containing two structures at 200 W. Mary. It is our understanding that this case may be heard at September 26, 2023 Planning Commission. The applicant’s representative met with the Bouldin Creek Neighborhood Association (BCNA) Zoning Committee on March 13, 2023 and as Chair of the BCNPCT, I attended to gather information and provide feedback for sake of efficiency given the unpaid nature of neighborhood plan contact team membership. The representative was informed that support for the changes from SF-3-NP to CS- MU-NP and the FLUM from Single Family to Commercial or Mixed Use were highly unlikely to be supported as proposed at the time without the applicant proposing a much narrower and restrictive path to achieve the goal of modest physical improvements to the structure. We anticipated, incorrectly, some applicant follow-up or proposal modifications to address the feedback and more closely adhere to the adopted plan or base zoning district. Despite general neighborhood support for continued low impact retail uses, new zoning that would facilitate demolition of a potentially historic African American resource, and/or the introduction of restaurant, wine bar, grocery or any of the extensive CS-permitted land uses within the residential confines would likely not be acceptable. The “benefit” of such uses for the neighborhood is negated by the fact that each of those cited uses is in ample supply within a few blocks of the site already and located appropriately on the core transit corridors surrounding this portion of the residential neighborhood. The additional and intrusive impact of this variety of proposed, permissible uses while being surrounded and within a few dozen feet of residences is problematic for an already commercially burdened residential area. The BCNA registered its opposition to the changes in June. The BCNPCT is not aware of any modifications to the proposal after that March discussion or filing of BCNA’s opposition. Therefore, we cannot support the change as it does not conform to the letter or spirit of the adopted neighborhood plan. The written plan clearly articulates the goal of maintaining established single family residential character of the neighborhood interior, “properties located within the interior of the neighborhood that are zoned single family should remain as single family.” (Goal 1, Objective 1.1) 16 Planning Commission: June 11, 2024 It is important to note that this was accompanied by significant zoning of parcels along the corridors to balance protections while providing ample commercial and multifamily development opportunities. We request that the amendment to the FLUM and the associated zoning change be denied. - Brad Patterson Chair, Bouldin Creek Neighborhood Plan Contact Team 17 Letter of Recommendation from Neighborhood Association(s) Planning Commission: June 11, 2024 18  Planning Commission: June 11, 2024 Site 19 Planning Commission: June 11, 2024 20 Planning Commission: June 11, 2024 21 Planning Commission: June 11, 2024 22 Planning Commission: June 11, 2024 23 Planning Commission: June 11, 2024 24 Planning Commission: June 11, 2024 25 Planning Commission: June 11, 2024 26  Alecia Mosadomi’s Presentation at the Virtual Community Meeting Planning Commission: June 11, 2024 27 Planning Commission: June 11, 2024 28  Planning Commission: June 11, 2024 29 Planning Commission: June 11, 2024 30 Planning Commission: June 11, 2024 31 Planning Commission: June 11, 2024 32  Planning Commission: June 11, 2024 33 Planning Commission: June 11, 2024 Correspondence Received 34 Planning Commission: June 11, 2024 35 Planning Commission: June 11, 2024 36