09 NPA-2024-0025.01 - 8900 and 8956 W SH HWY 71 Multifamily; District 8 Staff Report — original pdf

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Planning Commission: July 23, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NEIGHORHOOD PLAN: Oak Hill Combined (West Oak Hill) CASE#: PROJECT NAME: 8900 and 8956 W SH 71 Multifamily PC DATE: NPA-2024-0025.01 July 23, 2024 July 9, 2024 DATE FILED: March 13, 2024 8900 and 8956 W SH 71 ADDRESS/ES: DISTRICT AREA: 8 SITE AREA: 60.665 acres OWNER/APPLICANT: Marx Family Property, LLC and Texas limited liability company AGENT: Dubois Bryant & Campbell, LLP (David Hartman) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation From: Rural Residential Base District Zoning Change To: Multifamily Residential PHONE: (512) 974-2695 Related Zoning Case: C14-2024-0032 From: AG-NP To: MF-4-NP NEIGHBORHOOD PLAN ADOPTION DATE: December 11, 2008 CITY COUNCIL DATE: TBD PLANNING COMMISSION RECOMMENDATION: ACTION: Planning Commission: July 23, 2024 July 23, 2024 - (action pending) July 9, 2024 - Postponed to July 23, 2024 on the consent agenda at the request of the Neighborhood. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 7-0 [G. Cox, J. Mushtaler and N. Barrera-Ramirez voted nay. P. Howard, C. Hempel and A. Phillips absent]. STAFF RECOMMENDATION: To grant the applicant’s request for Multifamily Residential land use. BASIS FOR STAFF’S RECOMMENDATION: The applicant proposes to change the land use on the future land use map (FLUM) from Rural Residential to Multifamily Residential land use. The applicant proposes to build approximately 660 multifamily residential units on a 60.665-acre tract of land. The proposed development will provide additional residential housing units for the Oak Hill area and the city. Below are sections of the Oak Hill Plan staff that supports the applicant’s request. GOALS, OBJECTIVES AND RECOMMENDATIONS: 6.A. Provide opportunities for high-quality new development and re- development. 6A.1 Ensure quality of new construction and renovations. 6.B. Balance development and environmental protection by maintaining a vibrant residential and commercial community that demonstrates caring stewardship of the environment. 6.B.1 Encourage zoning to be compatible with existing and neighboring land uses and seek optimal and most appropriate use of land. 2 Planning Commission: July 23, 2024 6.B.1a—Rework zoning to allow/support the vision of the Oak Hill Neighborhood Plan. 6.B.1b—Cluster higher density development in appropriate areas, striving to balance the interests of stakeholders while taking into consideration environmental concerns. CHAPTER 8: HOUSING 8.A. Balance development and environmental protection by maintaining a vibrant residential and commercial community. 8.A.1 Assess and minimize the impact of land development on surface and ground water. 8.A.1a—Every housing development/redevelopment should include an environmental impact analysis and incorporate all necessary measures to address its potential impact on the Edwards Aquifer (impervious cover, drainage, traffic, etc.). 8.A.2 Design and place homes to minimize impacts on natural resources and the physical environment and to maximize social resources. 8.A.2a—Clustered development should be encouraged where appropriate (see Chapter 9: Neighborhood Design). 8.A.2b—Residential density should be compatible with surrounding uses and informed by a regional vision of the environmental impact development has over the Edwards 8.A.2c—Whenever possible, new housing development should be located where existing services and infrastructure exist. Their appearance and density should be appropriate to its environment and compatible with surrounding uses. 8.B. Preserve neighborhood identity, character, affordability, and diversity. LAND USE DESCRIPTIONS: EXISTING LAND USE: Rural Residential - The designation for low‐density residential areas that is not suitable or desirable for urban development, generally at densities of one unit per acre or less. These areas are without typical urban services such as, public services, sidewalks, curbs and gutters. Purpose 1. Allow limited residential development while protecting environmental quality; and 2. Encourage the clustering of homes for new residential developments to prevent sprawling, large‐lot subdivisions. Application 1. Use when zoning is least intense necessary to accommodate; 2. Should primarily apply in environmentally sensitive watersheds and predominantly rural 3 Planning Commission: July 23, 2024 areas; and 3. Clustering can include zoning districts other than RR, however residential density should be limited to 1 unit per acre and impervious cover to approximately 15% to 25%, depending on watershed class. However, clustering units on a larger tract with overall 15%‐25% impervious cover may be preferable. PROPOSED LAND USE: Multifamily Residential - Higher‐density housing with four or more dwelling units on one lot. Purpose 1. Preserve existing multifamily and affordable housing; 2. Maintain and create affordable, safe, and well-managed rental housing; and 3. Make it possible for existing residents, both homeowners and renters, to continue to live in their neighborhoods. 4. Applied to existing or proposed mobile home parks. Application 1. Existing apartments should be designated as multifamily unless designated as mixed use; 2. Existing multifamily-zoned land should not be recommended for a less intense land use category, unless based on sound planning principles; and 3. Changing other land uses to multifamily should be encouraged on a case-by-case basis. Yes No No No Yes No 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: • Approx. 1 mile from Oak Hill Activity 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. • Businesses along W. SH 71 and along Old Bee Caves Rd Connectivity and Food Access: Provides or is located within 0.50 miles of a grocery store/farmers market. • • • 0.7 miles from 71 Hill Market 2.6 miles from Marigold Market & Cafe 3.7 miles from H-E-B No Connectivity and Education: Located within 0.50 miles from a public school or university. • • • 0.5 miles from Garden Blossom Preschool (private) 0.5 miles form Austin Eco Bilingual School (private) 4.4 miles from Oak Hill Elementary 4 Planning Commission: July 23, 2024 No No No Yes Connectivity and Healthy Living: Provides or is located within 0.50 miles from a recreation area, park or walking trail. 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.) 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. • Approx. 660 dwelling units are proposed. Mixed use: Provides a mix of residential and non-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.) No 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” No 2 No No Not known No Proximity to Imagine Austin Activity Centers and Corridors 5  Proximity to Public Parks Planning Commission: July 23, 2024 6 Planning Commission: July 23, 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 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 7 Planning Commission: July 23, 2024 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 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 8 Planning Commission: July 23, 2024 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 March 13, 2024. The applicant is proposing to build approximately 660 multifamily residential dwelling units on a 60.665 acres tract of land on the north side of W. SH 71 and south of Old Bee Caves Road. The applicant proposes to change the future land use map from Rural Residential to Multifamily Residential. The applicant proposes to change the zoning on the property from AG-NP (Agricultural district-Neighborhood Plan) to MF-4-NP (Multifamily Residence Moderate-High Density district – Neighborhood Plan). For more information on the proposed zoning, see case report C14-2024-0032. PUBLIC MEETINGS: The ordinance-required community meeting was virtually held on April 18, 2024. The recorded meeting can be found here: https://publicinput.com/neighborhoodplanamendmentcases. Approximately 291 meeting notices were mailed to people who have a utility account or own property within 500 feet of the subject tract, 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 Ben Browder from OHT Partners, LLC. Eight people from the neighborhood attended. Below are highlights from David Hartman’s presentation at the meeting: • The property is 60.665 acres that is currently agriculture and undeveloped. • SH 71 is ASMP (Austin Strategic Mobility Plan) Level 4 Street and is adjacent to • The property is located adjacent to Imagine Austin Oak Hill Center and three other multiple ASMP Level 2 Streets. Imagine Austin Centers. • It is within a new Cap Metro Pickup Service Zone • The proposed zoning is MF-4-NP and the proposed FLUM is Multifamily • The zoning provides for clustered development, smaller footprint, more open space • Approximately 660 apartment dwelling units are proposed, which is about 12 Residential. units/acres. and less impervious cover. • The Landmark Conservancy apartments are immediately adjacent with 240 units on 22 acres, which is about 11 units/acres. 9 Planning Commission: July 23, 2024 Q: Have you already looked into the environmental impact since this property is in the Edwards Recharge Zone? A: The City of Austin has an order of process. We’re early in the process with the rezoning and plan amendment stage. If approved by Council, then at the site plan stage is when the civil engineering analysis will happen and about thirteen departments will review the site plan. We will comply with all applicable laws. This property is not Grandfathered with higher impervious cover, so we will have to comply with all the current Code in terms of impervious cover, water quality ponds, etc. Q: When you go through this process do you do an analysis of how many apartments are in the Western Oak Hill area, like in the last five years? A: When we look at a property, we have a rough idea of how many units we could get, which, for this property, will have approximately 660 units. We don’t know how many units have been built in the area in the last five years, but we are open to any input you might have on this front. Q: Some of the land around it, has been dark-sky property. For another piece of property, we asked them to be night-sky appropriate. If there is outside lighting, have it shielded downward, etc. Our neighborhood has been trying to be respective of the natural area. A: Thanks for your comments. I appreciate what you say about the long history and environmental and natural features about this land. We feel privileged that Marx family has entrusted us with this site. Q: We have many apartments in our area, we have the most of any district in the city. As a result, our schools are already over-taxed with no improvements in site. What we don’t see is any moderate single-family developments. Have you considered other types of housing instead of apartments? Have you looked at the entire picture of the whole area, are you sure there is demand? A: The clients I have worked for believe they will have a successful project. With the City’s housing crisis, there is a need for housing to address that. For schools, AISD, will provide a review of the impact of the development on schools when the case get to City Council. Q: Has the City considered buying the property to provide a park, which is much needed? Is your client interested in alternative uses? A: Multifamily residential developments must satisfy the City’s parkland dedication ordinance. This will be decided at the time of site plan. Staff’s Response: This is a question for Parks Department staff. Q: Do you know how many buildings will be on the property? Do you know where the driveways will be? 10 Planning Commission: July 23, 2024 A: That is something that will be determined at site plan stage. We have not studied this. Again, the driveways would be determined at site plan, but there are usually two access points, one at SH 71 and the north side of property at Old Bee Caves Road. Q: Will there be low-rent apartments? A: This project will be a market rate project. This will be naturally affordable due to the location in the suburbs and the construction of the development with no garages. Q: With all the building construction in this area, will it cause flooding? A: Currently there are no water quality or detention controls on the property, so water is just sheet-flowing across the property. Our development will meet the City Code provisions to ensure that there is no adverse impact with flooding on neighbors’ property. 11 Applicant Summary Letter from Application Planning Commission: July 23, 2024 12 Planning Commission: July 23, 2024 Oak Hill NPCT Postponement Request From: Meredith, Maureen Sent: Wednesday, July 3, 2024 1:48 PM To: David Hartman <dhartman@dbcllp.com>; Effy Anderson <eanderson@dbcllp.com> Cc: Hadri, Cynthia <Cynthia.Hadri@austintexas.gov> Subject: FW: C14-2024-0032 NPA-2024-0025.01, Request for Postponement David: See Leigh’s email below. It sounds like August 27th PC date is her preference. Please let me know if you are OK with date or have an alternate date to recommend and I’ll forward that suggestion to her to get her feedback. Thanks. Maureen From: LEIGH ZIEGLER < Sent: Wednesday, July 3, 2024 1:08 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Subject: C14-2024-0032 NPA-2024-0025.01, Request for Postponement Maureen: In response to your communication this morning, I sent a request today for postponement preference choosing one of the 3 dates: July 23, August 13, or August 27 but have not yet received adequate response. Of course, it is our intention to allow sufficient time for neighbors to address the issues outlined with participation of the developer under appropriate staff direction. August 27th is the most liberal choice unless it interferes with another deadline for the developer. Thank you, Leigh 13 Planning Commission: July 23, 2024 14 Planning Commission: July 23, 2024 15 Letter of Recommendation from the Neighborhood Plan Contact Team (NPCT) Planning Commission: July 23, 2024 (No letter as of July 3, 2024) From: Meredith, Maureen Sent: Tuesday, June 25, 2024 5:52 PM Cc: Hadri, Cynthia <Cynthia.Hadri@austintexas.gov>; David Hartman <dhartman@dbcllp.com>; Effy Anderson <eanderson@dbcllp.com> Subject: OHNPCT Rec?: NPA-2024-0025.01_8900 W SH 71 Dear Oak Hill NP Contact Team: Cases NPA-2024-0025.01 and C14-2024-0032_8900 W SH 71 are on the July 9, 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 Cynthia Hadri, the zoning planner, no later than Wednesday, July 3 by 4:30 pm. If we get the letter after this date and time, it will not be included in the staff reports, but we will submit it as separate late material for the public hearing. Thanks. Maureen Maureen Meredith (she/her) Senior Planner – Long-Range Planning Division City of Austin Planning Department 6310 Wilhelmina Delco Dr. Austin, Texas 78752 (4th Floor) P: (512) 974-2695 E: Maureen.Meredith@austintexas.gov 16 Site Planning Commission: July 23, 2024 17 Planning Commission: July 23, 2024 18 Planning Commission: July 23, 2024 19 Planning Commission: July 23, 2024 20  Planning Commission: July 23, 2024 21 Planning Commission: July 23, 2024 David Hartman’s Presentation at the April 18, 2024 Virtual Community Meeting 22 Planning Commission: July 23, 2024 23 Planning Commission: July 23, 2024 24 Planning Commission: July 23, 2024 25 Planning Commission: July 23, 2024 26 Planning Commission: July 23, 2024 27 Planning Commission: July 23, 2024 28 Planning Commission: July 23, 2024 29 Planning Commission: July 23, 2024 30 Planning Commission: July 23, 2024 31 Planning Commission: July 23, 2024 32 Planning Commission: July 23, 2024 Correspondence Received 33 Planning Commission: July 23, 2024 34