12 NPA-2024-0018.03 - Brentwood Multifamily DB90; District 7 Staff Report — original pdf

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Planning Commission: November 12, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET DATE FILED: July 12, 2024 NEIGHORHOOD PLAN: Brentwood/Highland Combined (Brentwood) CASE#: NPA-2024-0018.03 PROJECT NAME: Brentwood Multifamily DB90 PC DATE: November 12, 2024 ADDRESS/ES: 5402, 5404, 5408 William Holland Ave and 1705 Houston Street DISTRICT AREA: 7 SITE AREA: 1.1939 acres OWNER/APPLICANT: GDC-NRG Brentwood, LLC, a Texas limited liability PHONE: (512) 974-2695 company AGENT: Dubois, Bryant & Campbell, LLP CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation From: Multifamily Residential To: Mixed Use Base District Zoning Change Related Zoning Case: C14-2024-0110 From: CS-MU-V-CO-NP and MF-6-NP NEIGHBORHOOD PLAN ADOPTION DATE: May 13, 2004 CITY COUNCIL DATE: December 12, 2024 PLANNING COMMISSION RECOMMENDATION: November 12, 2024 – (action pending) To: CS-MU-V-DB90-NP ACTION: Planning Commission: November 12, 2024 STAFF RECOMMENDATION: To support the applicant’s request for Mixed Use land use. BASIS FOR STAFF’S RECOMMENDATION: Staff supports the applicant’s request for Mixed Use land use because the property will be part of a larger development that is included in the associated zoning case that currently has Mixed Use land use. The proposed development is near Burnet Road, an activity corridor, where Mixed Use land use is appropropriate. The neighborhood plan supports mixed use along commercial corridors with the opportunity for neighborhood-serving businesses. 2 LAND USE DESCRIPTIONS: EXISTING 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 Planning Commission: November 12, 2024 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. 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 3 Planning Commission: November 12, 2024 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 Yes 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: • Adjacent to Burnet Road, and activity corridor. Yes Mobility and Public Transit: Located within 0.25 miles of public transit stop and/or light rail station. • Bus routes along Burnet Road, North Loop, Woodrow Ave and Lamar Bvd. 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 Yes Connectivity and Food Access: Provides or is located within 0.50 miles of a grocery store/farmers and services, and/or employment center. • Numerous businesses along Burnet Road market. • 0.4 from H.E.B. • 04 miles from Burnet Food Market • 0.6 miles from Thom's Market • 0.9 miles from McCallum High School • 1.3 miles from Brentwood School No Connectivity and Education: Located within 0.50 miles from a public school or university. No Connectivity and Healthy Living: Provides or is located within 0.50 miles from a recreation area, park or walking trail. • 1.3 miles from Northwest Recreation Center • 1.9 miles from Brentwood Neighborhood Park 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.) • 0.3 miles from Ally Medical Emergency Room - Central Austin • 0.6 miles from Rosedale Family Care Partners Yes Housing Affordability: Provides a minimum of 10% of units for workforce housing (80% MFI or less) 4 Planning Commission: November 12, 2024 and/or fee in lieu for affordable housing. • Proposed zoning of CS-MU-V-DB90-NP would allow for affordable housing Yes 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. Proposed zoning of CS-MU-V-DB90-NP would allow for housing Yes Mixed use: Provides a mix of residential and non-industrial uses. No No Not known Not known No 9 Proposed zoning of CS-MU-V-DB90-NP would allow for mixed use development Culture and Creative Economy: Provides or is located within 0.50 miles of a cultural resource (ex: library, theater, museum, cultural center). • 0.80 miles from Yarborough Branch, Austin Public Library 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 “Yeses” 5 Planning Commission: November 12, 2024 Proximity to Imagine Austin Activity Centers and Corridors 6 Planning Commission: November 12, 2024 Proximity to Public Parks 7 Proximity to Public Transportation Planning Commission: November 12, 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. 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 8 Planning Commission: November 12, 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 9 Planning Commission: November 12, 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 plan amendment application was filed on July 12, 2024. The applicant proposes to change the land use on the future land use map (FLUM) from Multifamily Residential to Mixed Use. The proposed development is and approximately 375- unit multifamily development. The applicant proposes to change the zoning from CS-MU-V-CO-NP (General Commercial Services district – Mixed Use combining district – Vertical Mixed Use Building combining district – Conditional Overlay combining district – Neighborhood Plan) and MF-6-NP (Multifamily Residence Highest Density district – Neighborhood Plan) to CS-MU-V-DB90- NP (General Commercial Services district – Mixed Use combining district – Vertical Mixed Use Building combining district – Density Bonus 90 combining district – Neighborhood Plan). For more information on the proposed zoning, see case report C14-2024-0110. PUBLIC MEETINGS: The ordinance-required community meeting was virtually held on August 20, 2024. The recorded meeting can be found here: https://publicinput.com/neighborhoodplanamendmentcases. Approximately 535 community meeting notices were mailed to people to have utility accounts or own property within 500 feet of the subject tracts. Two city staff members attended the meeting, Maureen Meredith and Mark Walters from the Planning Department. David Hartman from Dubois Bryant and Campbell, LLP, and Kathy Smith, traffic engineer for the project, and Adam Moore, the representative for the developer. Four people from the neighborhood attended. Below are highlights from David Hartman’s presentation: It’s serviced by bus routes and has frontage on Burnet Road, an activity corridor. • The property is three acres on six lots and vacated Clay Avenue. • • No detention water quality structure with 80% IC. • Originally rezoned in 2023 for VMU2 project, the Court overturned the VMU2, so we are here to rezone to CS-MU-V-CO-DB90-NP and CS-MU-V-DB90-NP and to have harmonized zoning on all the properties for flexibility, but it’s the same building envelope as last year. We will carry-over the conditional overlay from the previous case. • Part of the property already has Mixed Use land use so the FLUM change is only on a portion of the tracts. • Proposed development is comprised of a multifamily project with approximately 375 units, including affordable housing units and the following proposed items: 10 Planning Commission: November 12, 2024 o DB90 affordable housing requirements are as follows: 12% of total units at 60% MFI, or 10% of units at 50% MFI. On-site pocket park, open to the public. o o Water quality and detention per current City code and reduced impervious cover. o A Neighborhood Traffic Analysis required. Q: Will the new DB90 ordinance limit commercial to the first floor or will it be allowed anywhere? Is parkland dedication required based on the State Legislature? Could the property be all residential if DB90 is not used? A: The DB90 ordinance amendments reflect the VMU2 requirements 75% of the principal street be ground floor commercial. The commercial uses be along the principal street, so we will be required to satisfy that on the Burnet Road tracts. The parkland dedication is what we intend to do on the northeastern side of the property and will done at the site plan stage. Our proposed use of the project, we are multifamily developers, not commercial developers, so it will develop it as a multifamily development. Q: The Clay Avenue ROW you said is vacated, but it is still open and being used? Does the client own the fee simple land under the road? A: Yes, the City Council approved the vacated ordinance, and the deed has been signed and recorded. There is an access easement on the property on the property. The road will not be closed until we go through the site plan process. Q: The Brentwood NPCT has put forth some conditions on the development, but access issues won’t be addressed until site plan. What assurance can you provide at this time that there will be enforceable commitment regarding the public parkland, sidewalks and the access issues? A: For the most part, nothing has changed, and site plan issues from the 2023 case are the same ones for this case, except for the vacated Clay Avenue and purchasing the Thundercloud property. Because all these are site plan issues and we made commitments to it at that time, we follow through at the site plan stage, unfortunately it’s not something we can address at the zoning stage. Q: Can you provide us something outside the City of Austin zoning process to give the property owners some assurance to your commitments? A: We can use this recorded meeting as a public record of our assurances, and we can restate it at Planning Commission and City Council as necessary. 11 Applicant Summary Letter from Application Planning Commission: November 12, 2024 12 Planning Commission: November 12, 2024 Letter of Recommendation from the Neighborhood Plan Contact Team (NPCT) (No letter as of November 6, 2024) From: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Sent: Tuesday, October 22, 2024 1:56 PM Cc: Boudreaux, Marcelle <Marcelle.Boudreaux@austintexas.gov>; Deborah Evans <DEvans@dbcllp.com>; David Hartman <dhartman@dbcllp.com> Subject: Brentwood NPCT Rec?: NPA-2024-0018.03_Brentwood Multifamily DB90 Dear Brentwood NPCT: Cases NPA-2024-0018.03 and C14-2024-0110_Brentwood Multifamily DB90 are scheduled for the November 12, 2024 Planning Commission hearing date. If you would like your Team’s letter of recommendation to be included in our staff case reports, please email it to me and Marcelle, the zoning planner, no later than 3:00 pm on Wednesday, November 6, 2024. If we receive it after this date and time, it will be submitted as late material to the Planning Commission, but it will not be included in the staff case reports. Here it the link to the recorded virtual community meeting that was held on August 20, 2024: https://publicinput.com/l7127. Please let me know if you have any questions. Maureen Maureen Meredith (she/her) Senior Planner, Long-Range Planning Planning Department 512-974-2695 maureen.meredith@austintexas.gov 13 Planning Commission: November 12, 2024 14 Planning Commission: November 12, 2024 15 Planning Commission: November 12, 2024 16 Planning Commission: November 12, 2024 Area Included in the Plan Amendment Application 17 Planning Commission: November 12, 2024 18 Planning Commission: November 12, 2024 Area included in the Zoning Change Application 19 Planning Commission: November 12, 2024 20  David Hartman’s Presentation at the August 20, 2024 Virtual Community Meeting Planning Commission: November 12, 2024 21 Planning Commission: November 12, 2024 22 Planning Commission: November 12, 2024 23 Planning Commission: November 12, 2024 24 Planning Commission: November 12, 2024 25 Planning Commission: November 12, 2024 26 Planning Commission: November 12, 2024 27 Planning Commission: November 12, 2024 28  Planning Commission: November 12, 2024 29 Planning Commission: November 12, 2024 30 Planning Commission: November 12, 2024 31 Planning Commission: November 12, 2024 32 Planning Commission: November 12, 2024 33  Planning Commission: November 12, 2024 Correspondence Received (No correspondence received) 34