08 NPA-2024-0018.04 - 1200 W. 49th St; District 7 Staff Report — original pdf

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Planning Commission: November 12, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET DATE FILED: Jul 24, 2024 NPA-2024-0018.04 NEIGHORHOOD PLAN: Brentwood/ Highland Combined (Brentwood) CASE#: PROJECT NAME: 1200 W 49th Rezoning PC DATE: November 12, 2024 ADDRESS/ES: 1200 West 49th Street DISTRICT AREA: District 7 SITE AREA: 0.3288 acres OWNER/APPLICANT: Grover Office Partners LLC AGENT: HD Brown Consulting, LLC CASE MANAGER: Maureen Meredith STAFF EMAIL: maureen.meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation From: Mixed Use/ Office Base District Zoning Change To: Mixed Use Related Zoning Case: C14-2024-0116 From: LO-MU-NP NEIGHBORHOOD PLAN ADOPTION DATE: May 13, 2004 CITY COUNCIL DATE: TBD PLANNING COMMISSION RECOMMENDATION: November 12, 2024 – (action pending) ACTION: 1 PHONE: 512-974-2695 To: GR-MU-ETOD-DBETOD-NP 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 is near Burnet Road, an activity corridor, with access to public transportation and near two vibrant commercial corridors of Burnet Road and North Lamar Blvd. Mixed Use land use is appropriate in this location. The neighborhood plan envisions this area for office and residential uses, but due to the expansion of the public transportation near the property and proximity to two commercial corridors, transitioning this property to Mixed Use is appropriate. LAND USE DESCRIPTIONS: EXISTING LAND USE: Mixed Use/Office - An area that is appropriate for a mix of residential and office uses. 1. Accommodate mixed use development in areas that are not appropriate for general commercial development; and 2. Provide a transition from residential use to non Application ‐ residential or mixed use. 1. Appropriate for areas such as minor corridors or local streets adjacent to commercial areas; 2. May be used to encourage commercial uses to transition to residential use; and 3. Provide limited opportunities for live/work residential in urban areas. Purpose 2 Planning Commission: November 12, 2024 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 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. 3 Yes Yes Planning Commission: November 12, 2024 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: • 0.11 miles from Burnet Road, an activity corridor Yes Mobility and Public Transit: Located within 0.25 miles of public transit stop and/or light rail station. bike lane. Yes Mobility and Bike/Ped Access: Adjoins a public sidewalk, shared path, and/or • Sidewalks along W. 49th Street and Grover Ave Yes Connectivity, Good and Services, Employment: Provides or is located within 0.50 miles to goods and services, and/or employment center. • Near businesses along Burnet Road and Lamar Blvd Yes Connectivity and Food Access: Provides or is located within 0.50 miles of a No Connectivity and Education: Located within 0.50 miles from a public school or Yes Connectivity and Healthy Living: Provides or is located within 0.50 miles from a grocery store/farmers market. • 0.50 miles from Rosedale Market • 0.8 miles from Natural Grocer • 1 mile from Central Market university. • 0.8 miles from McCallum High School • 1.6 miles from Reilly Elem. School recreation area, park or walking trail. • 0.5 miles Crestmont Park • 0.7 miles from Ramsey Neighborhood Park • 0.8 miles Triangle Commons 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.) • 0.5 miles from Rosedale Family Care Partners, • 0.9 miles from Cornerstone Specialty Hospitals Yes Housing Affordability: Provides a minimum of 10% of units for workforce housing (80% MFI or less) and/or fee in lieu 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 GR-MU-ETOD-DBETOD-NP would allow for housing to be built. Yes Mixed use: Provides a mix of residential and non-industrial uses. Proposed zoning of GR-MU-ETOD-DBETOD-NP would allow for a mixed use 4 Planning Commission: November 12, 2024 development Yes Culture and Creative Economy: Provides or is located within 0.50 miles of a cultural resource (ex: library, theater, museum, cultural center). • 0.4 miles from Yarborough Branch, Austin Public Library No Culture and Historic Preservation: Preserves or enhances a historically and/or Not known Not known No 11 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 Planning Commission: November 12, 2024 Proximity to Public Transporation 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 24, 2024. The applicant proposes to change the future land use map (FLUM) from Mixed Use/Office to Mixed Use. The applicant requests a change in the zoning because the existing zoning only allows office and residential uses. The applicant would like to expand opportunities for commercial businesses to rent the property. The applicant proposes to change the zoning from LO-MU-ETOD-DBETOD-NP (Limited Office district – Mixed Use combining district – Density Bonus Equitable Transit-Oriented Development combining district – Neighborhood Plan) to GR-MU-ETOD-DBETOD-NP (Community Commercial district - – Mixed Use combining district – Density Bonus Equitable Transit-Oriented Development combining district – Neighborhood Plan). For more information on the proposed zoning, see zoning case report C14-2024-0116. PUBLIC MEETINGS: The ordinance-required community meeting was held virtually held on September 16, 2024. The recorded meeting can be found here; https://publicinput.com/neighborhoodplanamendmentcases. Approximately 193 notices were sent to people who have utility accounts or own property within 500 feet of the subject properties, in addition to neighborhood and environmental groups who requested notification for the area. Two city staff members attended the meeting from the City’s Planning Department, Maureen Meredith and Mark Walters. Amanda Brown and E.J. Govea from HD Brown Consulting, LLC attended, who are the applicant’s agents. One person from the neighbohrood attended. Below are highlights from Amanda Brown’s presentation: • The property is 0.33 acres, so it’s small site. • Has bus routes near the site. • Proposed rezoning is GR-MU-V-CO-NP • Proposed FLUM change is Mixed Use/Office to Mixed Use. • There is not development plans for the site, but is to incrsae the tenant pool ti attract people to lease the building. • The LO zoninghas restricted use list. Building has been vacant over a year and the office market is hard market because people are working from. • There was a hair salon they were under contact, but under LO a hair salon was not allowed over 1,000 sq. ft. the building is 2000 sq. ft in size. 10 Planning Commission: November 12, 2024 • Property is within ½-mile of future rail line so athe ETOD zoning was put on the property. • The ETOD zoning restricts uses not desirable near rail lines, like auto sales, campgrounds and auto-oriented uses are restricted in the ETOD ordinance. Q: I am the Chair of the Brentwood NPCT. I appreate the presentation and the explanation for the proposed changes. Our team met to discuss the case. Our concerns are, primarily, the height that would be allowed up to 90 feet. If the 90 feet height could be resolved, this is the only hold up on our side. We would like a height limitation put in place. The Brentwood Neighborhood Association is also on board with this. A: The current zoning allows up to 40 feet and GR allows up to 60 feet. The ETOD ordinance allows up to 90 feet on this property. But because it’s such a small lot, I don’t envision the building could get to 90 feet. I believe the ETOD ordinance prohibits conditional overlays, so it would need to be private agreement. We can work with you on a height restriction. 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 Sent: Tuesday, October 22, 2024 1:47 PM Cc: Boudreaux, Marcelle <Marcelle.Boudreaux@austintexas.gov>; April Brown <ABrown@abaustin.com>; ej.govea@hdbrownconsulting.com Subject: Brentwood NPCT Rec?: NPA-2024-0018.04_1200 W. 49th Street Dear Brentwood NPCT: Cases NPA-2024-0018.04 and C14-2024-0116_1200 W. 49th Street 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. 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 Site Planning Commission: November 12, 2024 15 Planning Commission: November 12, 2024 16 Planning Commission: November 12, 2024 17 Planning Commission: November 12, 2024 18 Planning Commission: November 12, 2024 19 Planning Commission: November 12, 2024 Amanda Brown’s Presentation at the Sept. 16, 2024 Virtual Community Meeting 20 Planning Commission: November 12, 2024 21 Planning Commission: November 12, 2024 22 Planning Commission: November 12, 2024 23 Planning Commission: November 12, 2024 Correspondence Received From: Jay Long Sent: Friday, September 20, 2024 10:12 AM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Cc: Greg < >; Boudreaux, Marcelle <Marcelle.Boudreaux@austintexas.gov> Subject: RE: Case Number: C14-2024-0016 and Case Number: NPA-2024-0018.04 Hi Maureen, I am writing to continue to voice my concerns over the proposed zoning change at 1200 W 49th Street. In some confusion with one of my neighbors I thought that the day for the meeting was Tuesday and when I went to log on, all I found was the video of the day before. I did however watch the video after which I contacted Greg. When I spoke with Greg he suggested that it was okay with him if I forwarded the message that I had sent him to you, as well as, with his approval, that I could let you know that he agreed with my concerns, but had just not heard them prior to the meeting. I have also reached out to the BNA. It is my hope that the City Staff will recommend against this change, if that is something in their/ your purview. Please let me know. Sincerely, Jay Long From: Jay Long Sent: Wednesday, September 25, 2024 12:27 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Subject: Re: Case Number: C14-2024-0016 and Case Number: NPA-2024-0018.04 Hi Maureen, Thank you for the reply. I did want to add an additional note to our correspondence. When I spoke to Greg, he fairly suggested that my concern about the other property owners also wanting the more generous zoning was a hypothetical. I am including the case numbers for three cases, which you were also involved in, in 2012, where the exact thing was previously attempted by two other property owners who currently own four properties on my street. Fortunately, after I spoke at the hearing the City Council voted against those changes. NPA-2012-0018.05 NPA-2012-0018.07 NPA-2012-0018.09 Best, Jay Long 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