Planning CommissionJune 11, 2024

03 C14-2022-0107 Vargas Mixed Use; District 3 Part 3 — original pdf

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North-West Corner North-East Corner South-East Corner For the reasons above with the context provided, we respectfully request that commercial space of any type should not be a requirement of this rezoning of the subject property. While a development of the subject property could include commercial space, the market can better ascertain the need at the time of development. It is quite possible that some commercial space may be located on the ground floor, though it may not be pedestrian oriented commercial spaces due to the lack of connectivity, the high-speed traffic of the highway, and the hope that the interior commercial node may come back to life in the future. Please let us know if you have any questions. Sincerely, A. Ron Thrower ATTACHMENT B March 29, 2024 Ms. Lauren Middleton-Pratt, Director Planning Department City of Austin 1000 E. 11th Street Austin, Texas 78702 RE: C14-2022-0107 - Vargas Mixed Use Rezoning – Application amendment for DB90 Overlay & Postponement Request Dear Ms. Middleton-Pratt, Pursuant to Ordinance 20240229-073, adopted by the Austin City Council on February 29, 2024, with an effective date of March 11, 2024, the City of Austin is directing additional housing development in areas of Austin where appropriate through the DB90 Overlay. Our position is that this project meets the requirements to receive the DB90 Overlay and therefore, on behalf of the Landowners, we respectfully amend the application to request the addition of the DB90 Overlay. More specifically, the amended request is follows: Tract 1 – From GR-NP (existing) to CS-DB90-NP (requested) Tract 2 – From LR-NP (existing) to LR-DB90-NP (requested) Further, under Section 25-2-652(F)(3) within the DB90 Ordinance, there is a Mix of Uses requirement related to DB90 projects. While a mix of uses certainly makes for an active street, not all properties can have a mix of uses for varying reasons. Pursuant to Section 25-2- 652(F)(3)(e), the rezoning to add DB90 can modify Section 25-2-652(F)(3)(b) that requires the Pedestrian Oriented uses along certain Principal Streets. In this case, the project is located on 2 Urban Roadways – Vargas Road and Lynch Lane, both of which are qualifying Principal Roadways to waive the requirement. The justification to waive the requirement is that these roadways are interior to a single-family zoned subdivision where the level of commercial activation envisioned with DB90 may not be appropriate or successful. However, the Hwy 183 frontage is appropriate and therefore, we are not requesting to waive the requirement from this frontage. P . O . B O X 4 1 9 5 7 , A U S T I N , T E X A S 7 8 7 0 4 1 5 0 7 I N G L E W O O D S T . , A U S T I N , T E X A S 7 8 7 4 1 For all the reasons here, we submit the amended request to add the DB90 Overlay and respectfully request to waive the requirement for the mix of uses for the Vargas Road and Lynch Lane frontages. Further, we are also requesting an indefinite postponement of the rezoning case to allow Staff and Planning Commission to review the amended rezoning request. Please let us know if you have any questions. Sincerely, A. Ron Thrower ATTACHMENT C Via Electronic Delivery July 26, 2022 Ms. Rosie Trulove Housing & Planning Department City of Austin 1000 E 11th Street Austin, TX 78702 Dear Ms. Trulove: Re: Rezoning of 4300 Vargas Rd. & 6520 Lynch Lane, Austin, 78741 – Vargas Mixed Use On behalf of the Owner(s) of the property referenced above, we respectfully submit the enclosed package including Neighborhood Plan Amendment and Rezoning applications. The subject lands are comprised of Tract 1 at 4300 Vargas Road & Tract 2 at 6520 Lynch Lane – both are un-platted and undeveloped. The Tracts are located within Council District 3, represented by “Pio” Renteria and are within the Montopolis Neighborhood Planning Area. Both Tract 1 & 2 are designated as Commercial on the Future Land Use Map (FLUM). Tract 1 is zoned GR- -NP (Community Commercial – Neighborhood Plan) and Tract 2 is zoned LR-NP (Neighborhood Commercial – Neighborhood Plan). The request is to amend the FLUM to Mixed Use for Tracts 1 & 2 and to rezone Tract 1 to CS-MU-NP (General Commercial Services – Mixed Use – Neighborhood Plan) and to rezone Tract 2 to LR-MU-NP (Neighborhood Commercial – Mixed Use – Neighborhood Plan). The site is contemplating a mixed-use development that could accommodate up to 149 multifamily dwelling units. With frontage on three roadways, Saxon Lane, Vargas Road and Hwy 183, the site offers a good opportunity for a mixed-use development that could bring variety of dwelling types as well as neighborhood serving commercial uses, within in walking or biking distance. Vargas Lane has existing bus service with a stop that is less than a ¼ mile south. Montopolis Drive, an ASMP Transit Priority Network, is within a ¼ mile, by walking path. The request for infill density at this location is supported by several Imagine Austin Principles: ` 1. Creating complete neighborhoods across Austin that provide a mix of housing types to suit a variety of household needs and incomes, offering a variety of transportation options, and having easy access to daily needs such as schools, retail, employment, community services, and parks and recreations options. 2. Supporting the development of compact and connected activity centers and corridors that are well- served by public transit and designed to promote walking and bicycling as a way of reducing household expenditures for housing and transportation. 3. Protecting neighborhood character by ensuring context-sensitive development and directing more intensive development to activity centers, corridors, redevelopment, and infill site. 4. Expanding the number and variety of housing choices throughout Austin to meet the financial and lifestyle needs of our diverse population. 5. Ensuring harmonious transitions between adjacent land uses and development intensities. 6. Protecting Austin’s natural resources and environmental systems by limiting land use and transportation development over environmentally sensitive areas and preserving open space and protecting the function of the resource. 7. Encouraging active and healthy lifestyles by promoting walking and biking, healthy food choices, access to affordable healthcare, and to recreational opportunities. Please contact our office or me directly should you have need for additional information. Thank you for your time and attention to this application. Kind regards, Victoria Haase cc: Heather Chaffin, Housing & Planning Department (via electronic delivery) ATTACHMENT D MEMORAN DUM To: CC: FROM: DATE: SUBJECT: Victoria Haase (Thrower Design) Amber Hutchens; Maria Cardenas Nathan Aubert, P.E. (ATD) March 1, 2023 Vargas Mixed Use NTA (C14-2022-0107) The Transportation Development Services (TDS) division has performed a Neighborhood Traffic Analysis (NTA) for the above referenced case and offers the following comments. The zoning case for Vargas Mixed Use is in south Austin at 400 Vargas Rd and 6520 Lynch Ln (see Figure 1); the total area of both these tracts is 4.3 acres. The site is currently zoned GR-NP, LR-NP. The applicant is looking to rezone this tract to CS-MU-NP, LR-MU-NP. Figure 1: Site Location Page 1 of 4 Roadways Given that the details of the project were not available City staff while conducting the NTA, it was inferred that the proposed site would be accessible via Vargas Rd and Saxon Ln. It is important to note that without a clear understanding of the project details, this assumption may need to be re-evaluated as more information becomes available. Vargas Rd is classified as a Level 2 roadway and varies between 45 and 50 feet of right-of- way and 31 to 35 feet of pavement width. Vargas Rd has two striped lanes, curb and gutter, sidewalks on both sides of the street. There is no bicycle infrastructure on either side of the street. The current ASMP calls for 72 feet of right-of-way to satisfy the improvements identified for future bicycle and pedestrian facilities. The 24-hour counts collected October 2022 show that Vargas Rd experiences an average daily volume of 1,669 vehicles per day (vpd). Saxon Ln is classified as a Level 1 roadway. North of Torres St, the right-of-way measures 45 feet, while south of Torres St, it measures 40 feet. The pavement width is approximately 25 feet, with two unstriped lanes. Saxon Lane currently has no sidewalks or bike facilities on either side of the street. The current ASMP calls for 58 or 64 feet of right-of-way to accommodate future pedestrian facilities and on street parking. According to the 24-hour counts collected February 2023, Saxon Ln experiences an average daily volume of 872 vpd. Trip Generation and Traffic Analysis This zoning case assumes 149 low-rise multifamily dwelling units (ITE Code 220). Based on the Institute of Transportation Engineer’s Trip Generation Manual, 11th Edition, the proposed development will generate 1,030 vehicle trips per day. See Table 1 for a detailed breakdown of the trip generation. Land Use Residential (Low-Rise Multifamily Housing) TOTAL Table 1 – Trip Generation Size 149 DU Unadjusted Trip Generation 1,030 1,030 Table 2 provides the expected distribution of site trips throughout the study area. Table 2 – Trip Distribution Street Vargas Rd Saxon Ln Traffic Distribution by Percent 65% 35% Table 3 represents a summary of traffic on Vargas Road and Saxon Lane: existing traffic, proposed site traffic, total traffic after development, and percentage increase in traffic. Page 2 of 4 Street Vargas Road Saxon Lane Existing Traffic (vpd) Table 3 – Traffic Summary Proposed New Site Traffic to Roadway 670 360 1,669 872 Overall Traffic 2,339 1,232 Percentage Increase in Traffic 40.1% 41.2% According to Section 25-6-116 of the Land Development Code, streets which have a pavement width of less than 30 feet are considered to be operating at an undesirable traffic level if the average daily traffic volume for such roadway exceeds 1,200 vehicles per day. Saxon Lane is currently operating at a desirable level and without roadway widening, will operate at undesirable levels with the addition of site traffic. Streets which have a pavement width between 30 and 40 feet are considered to be operating at an undesirable level if the average daily traffic volume for such a roadway exceeds 1,800 vehicles per day. Vargas Road is currently operating at desirable levels and will operate at undesirable levels with the addition of site traffic. Recommendations/Conclusions Based on the results of the NTA, ATD has the following recommendations and conclusions. 1. Saxon Lane is missing sidewalk along the frontage of the site. At the time of site plan, this development will be required to complete gaps in the sidewalk network to adhere to ASMP standards. 2. At the time of site plan, the development can further reduce its impact on the transportation network by enacting Transportation Demand Management (TDM) measures that incentivize the use of alternative methods of transportation. Enacting TDM measures is a proven way to reduce the vehicular trip generation of a site. 3. If the development of this property should deviate from the approved intensities and estimated traffic generation within the finalized NTA document, including the assumed access points, TDS may be required to reassess the NTA. 4. The City Council may approve a zoning application if it is determined that the applicant has satisfactorily mitigated adverse traffic effects on the residential collector street. 5. Street Impact Fee (SIF) Ordinances 20201220-061 and 20201210-062 have been adopted by City Council and are effective as of December 21, 2020. The City has started collecting street impact fees with all building permits issued on or after June 21, 2022. For more information, please visit the City’s Street Impact Fee website. Street Impact Fee calculation shall be performed at the time of the Site Plan submission to be collected at the time of building permit. 6. Any building permit(s) associated with this development issued on or after June 22, 2022, will be subject to the Street Impact Fee (SIF) program. During site plan review, the Applicant’s engineer shall draft a SIF Offset and Allocation Agreement for all eligible improvements to memorialize how offsets are to be applied throughout the Page 3 of 4 development. The SIF will be calculated and invoiced for each building permit and any required SIF payments shall be made prior to building permit issuance. The site development permit for the above noted site shall not be released until any required improvements are shown in the site plan. Please contact me at (512) 974-7136 if you have questions or require additional information. Sincerely, Nathan Aubert, P.E. Austin Transportation Department Page 4 of 4 From: Victoria Sent: Monday, July 17, 2023 2:28 PM To: Estrada, Nancy <Nancy.Estrada@austintexas.gov>; Meredith, Maureen <Maureen.Meredith@austintexas.gov> Cc: Ron Thrower; Harden, Joi <Joi.Harden@austintexas.gov> Subject: Vargas Mixed Use - NPA-2022-0005.01 & C14-2022-0107 External Email - Exercise Caution We are requesting postponement of the Vargas Mixed Use NPA and rezoning cases to September 14, 2023. Please confirm receipt of this request. Hello Ladies, Thank you, all. V Victoria Haase www.throwerdesign.com CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook or forward to cybersecurity@austintexas.gov. From: Victoria Sent: Monday, November 27, 2023 3:52 PM To: Estrada, Nancy <Nancy.Estrada@austintexas.gov>; Meredith, Maureen <Maureen.Meredith@austintexas.gov> Cc: Ron Thrower; Rivera, Andrew <Andrew.Rivera@austintexas.gov>; Harden, Joi <Joi.Harden@austintexas.gov> Subject: Vargas Mixed Use - NPA-2022-0005.01 & C14-2022-0107 External Email - Exercise Caution On behalf of the landowners of the Vargas properties, we request a postponement of the NPA and Rezoning cases to January 18, 2024. Nancy and Maureen, Thank you, V Victoria Haase www.throwerdesign.com CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook or forward to cybersecurity@austintexas.gov. From: Victoria Sent: Tuesday, January 9, 2024 10:56 AM To: Estrada, Nancy <Nancy.Estrada@austintexas.gov>; Meredith, Maureen <Maureen.Meredith@austintexas.gov> Cc: Harden, Joi <Joi.Harden@austintexas.gov>; Ron Thrower Subject: Vargas Mixed Use - NPA-202-0005.01 & C14-2022-0107 External Email - Exercise Caution Hello Nancy, Maureen, and Joi - We request a postponement of these cases from the January 18th CC agenda to the February 29th CC agenda. We are working on possible details for a private agreement related to the development of the property. Please confirm receipt of this email. Thank you & Happy New Year! V Victoria Haase www.throwerdesign.com 512-476-4456 Office Mail: P.O. Box 41957 Austin, Texas 78704 CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook or forward to cybersecurity@austintexas.gov. From: Victoria Sent: Tuesday, February 20, 2024 3:06 PM To: Estrada, Nancy <Nancy.Estrada@austintexas.gov>; Meredith, Maureen <Maureen.Meredith@austintexas.gov> Cc: Harden, Joi <Joi.Harden@austintexas.gov> Subject: RE: Vargas Mixed Use - NPA-202-0005.01 & C14-2022-0107 External Email - Exercise Caution Hello Ladies, We need more time and therefore are requesting a postponement of these cases from the February 29th meeting to the April 4th CC hearing date. Please confirm receipt of this request. Thank you, V Victoria Haase www.throwerdesign.com 512-476-4456 Office Mail: P.O. Box 41957 Austin, Texas 78704 From: To: Subject: Date: Martha Collins Estrada, Nancy Re: Magdalena S Hernandez response to CASE C14-2022-0107 Thursday, March 23, 2023 1:24:14 PM You don't often get email from marthacollins15704@gmail.com. Learn why this is important *** External Email - Exercise Caution *** On Thu, Mar 23, 2023 at 8:54 AM Martha Collins wrote: I am forwarding this for my mom , Magdalena S Hernandez wt 6407 Lynch Tx 78741 Thanks Martha Collins CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov.