Item3a_99-0069.01 Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-99-0069.01 - 200 S Congress Avenue DISTRICT: 9 ZONING FROM: LI-PDA-NP TO: LI-PDA-NP, to change conditions of zoning ADDRESS: 220 ½, 210, 208 and 200 S. Congress Avenue SITE AREA: 0.575 acre PROPERTY OWNER: Bathaus Management, LLC (Sherry Matthews) AGENT: Drenner Group, PC (Leah M Bojo) CASE MANAGER: Wendy Rhoades (512-974-7719, wendy.rhoades@austintexas.gov) STAFF RECOMMENDATION: Staff recommends limited industrial service-planned development area-neighborhood plan (LI-PDA-NP) combining district zoning. For a summary of the basis of staff’s recommendation, see page 2. SMALL AREA PLANNING JOINT COMMITTEE ACTION / RECOMMENDATION: February 9, 2022 February 2, 2022 Small Area Planning Joint Committee meeting was cancelled. PLANNING COMMISSION ACTION / RECOMMENDATION: February 8, 2022 Scheduled for Planning Commission CITY COUNCIL ACTION: March 3, 2022 Scheduled for City Council ORDINANCE NUMBER: C14-99-0069.01 2 ISSUES Section 25-2-2-282 (A) (Land Use Commission Public Hearing and Recommendation) of the Code requires that the case be reviewed by SAPJC before the public hearing at PC and does not provide for any exceptions. There are no known issues at this time and staff has not received any written or emailed comments in favor of or in opposition to this rezoning case. CASE MANAGER COMMENTS: This tract is approximately 0.575-acre in size and located on the west side of S. Congress Avenue. It is currently developed with a commercial office building and zoned LI-PDA-NP. Adjacent zoning consists of PUD-NP to the west, CS-1-V-NP to the south, PUD-NP zoning to the east across S. Congress Avenue, and the Lady Bird Lake (unzoned area) with a small amount of LI-PDA-NP and L-NP to the north, please see Exhibit: A Zoning Map and Exhibit B: Aerial Map. The future land use map (FLUM) designates this property as “mixed use” and therefore does not require a neighborhood plan amendment (NPA) to be considered with the rezoning request. The applicant is requesting to amend their current PDA, please see Exhibit C: Ordinance No. 001026-60 Redlines. Amendments to the existing ordinance include the following: • Section 1: Removal of “March 14, 1999” to allow the PDA moving forward to be compliant with existing code expect as stated within the PDA. • Section 2B: Removal of “Indoor entertainment” and “Restaurant (drive in, fast food)” from the prohibited land uses list to allow for these uses to be permitted onsite. • Section 3D: Removal of Access requirements and limitations. • Section 5: Removal of March 14, 1999, parking requirements language with additional language to be added that a Transportation Demand Management (TDM) Plan shall be submitted at time of site plan subject to the approval of ATD. Zoning staff has confirmed with the Austin Transportation Department (ATD) staff that the applicant’s proposed changes to the PDA relating to access, and transportation requirements can be removed. ATD has confirmed that these items will be reviewed during the site planning process when a Transportation Demand Management (TDM) Plan is submitted. BASIS OF RECOMMENDATION: 1. Zoning changes should promote compatibility with adjacent and nearby uses. This tract is in a commercially dense area. The adjacent tract to the west is zoned PUD-NP and allows “Indoor entertainment” and “Restaurant (drive in, fast food)” as permitted land C14-99-0069.01 3 uses. Rezoning this tract to allow for these land uses would be consistent with the existing zoning pattern. EXISTING ZONING AND LAND USES: Site North South East West Zoning Land Uses LI-PDA-NP Administrative and Business Offices LI-PDA-NP, L-NP, Not Zoned Undeveloped, Lady Bird Lake CS-1-V-NP PUD-NP PUD-NP General Retail Sales Industrial Hotel-Motel NEIGHBORHOOD PLANNING AREA: Bouldin Creek Neighborhood Plan TIA: A TIA shall be required at the time of site plan if triggered per LDC 25-6-113. WATERSHED: Lady Bird Lake OVERLAYS: ADU Approximate Area Reduced Parking, Capitol View Corridors (South Congress at East Live Oak), Residential Design Standards, Scenic Roadways Overlay (Barton Springs Road), Selected Sign Ordinances, Waterfront Overlay (South Shore Central) SCHOOLS: Travis Heights Elementary, Lively Middle and Travis High Schools NEIGHBORHOOD ORGANIZATIONS Austin Independent School District Neighborhood Empowerment Foundation Austin Lost and Found Pets Preservation Austin Austin Neighborhoods Council SELTexas Bouldin Creek Neighborhood Association Sierra Club, Austin Regional Group Bouldin Creek Neighborhood Plan Contact South Central Coalition City of Austin Downtown Commission South Central Waterfront Advisory Board Downtown Austin Alliance South River City Citizens Assn. Friends of Austin Neighborhoods Greater South River City Combined Homeless Neighborhood Association Zoning Committee of South River City Citizens C14-99-0069.01 4 AREA CASE HISTORIES: Number Request Commission City Council C14-2007-0220 C14-2007-0224 Vertical Mixed Use (VMU) Zoning Cases Area wide plans: To add VMU to various tracts in the Greater South River City and the Bouldin NP Areas Recommended adding V to zoning districts. Approved adding VMU to tracts (12/13/2007) C814-06-0106 C814-06-0106.01 C814-06-0106.02 Hyatt PUD 208 Barton Springs C14-05-0139 Greater South River City Combined Neighborhood Plan C814-89-0003.02 305 S. Congress PUD RELATED CASES: CS-1-NP and L-NP to PUD-NP Recommended PUD- NP with conditions. Approved PUD-NP (2/15/2007) Amendments were to add additional permitted uses within PUD. Area wide plan: to create the Greater South River City Combined NP area. PUD-NP to PUD-NP, to change conditions of zoning Recommended both amendments. Approved both amendments (9/26/2013 and 8/7/2014) Recommended adding NP to zoning districts. Approved Neighborhood Plan (9/28/2005) In review. In review. C14-2017-0026: This was the Bouldin Creek Neighborhood Plan Garage Placement Zoning case. It was an area wide plan to add garage placement provisions to Bouldin Creek Neighborhood Area Plan. It was recommended by the Planning Commission but was indefinitely postponed by staff, City Council never acted on this case. C14-02-0031: This was the creation of the Bouldin Creek Neighborhood Plan (ordinance no. 020523-33). The base zoning of this tract did not change during this process. C14-99-0069: This was the original rezoning case for this property. The request was to rezone from LI to LI-PDA. It was recommended by the Planning Commission and approved by the City Council on October 26, 2000. C14-99-0069.01 5 EXISTING STREET CHARACTERISTICS: Street ROW Pavement Classification Sidewalks Bike Route Capital Metro (within ¼ mile) S. Congress Avenue 111’ 116’ 60’ 3 Yes Yes OTHER STAFF COMMENTS: Comprehensive Planning South Central Waterfront (SCW) Vision Framework Plan The 0.57-acre property is located within the South Central Waterfront (SCW) Vision Framework Plan district boundaries. The property is not envisioned in the SCW Vision Framework Plan to be eligible for additional entitlements through the regulating plan (cannot opt-in). The applicant is requesting to rezone this property to allow for additional uses that are currently not permitted, to eliminate the minimum parking requirement, and to modify access to the site: • Allow Indoor Entertainment and Restaurant (General and Limited) as permitted uses • Remove minimum parking requirements for the property • Remove access restrictions which currently require access through joint use access easement with adjacent property Allowance of additional uses on the site and the elimination of a minimum parking requirement support the overall goals of the SCW Vision Framework Plan to create a vibrant, mixed-use environment that is more pedestrian-friendly. Removal of access restrictions could potentially run counter the SCW Vision Framework Plan if the result means increased traffic to the Barton Springs Road access point (which is currently restricted to emergency vehicles only). The SCW Vision Framework Plan envisions this access point as eventually being closed to facilitate development of Nightwing Plaza; this will be more difficult in the future if the Barton Springs Road access is opened to all traffic and/or the joint use access agreement is terminated. Staff acknowledges that the existing access agreement is private and would encourage the developer to maintain this agreement with the adjacent property. Based on the information above, staff believes that the proposed zoning change request is supported by the SCW Vision Framework Plan, as long as the existing access restrictions, including the joint use access agreement, remain in place. C14-99-0069.01 6 Austin Fire Review AFD does not oppose the modification to Ordinance No. 0010260-60. However, the applicant shall recognize that deleting Section D. Access, does waive any requirements for fire department access, water supply for firefighting, or building access already established in the 2021 International Fire Code, as amended and adopted by the City of Austin. This includes enforcement in existing fire lanes. Environmental Officer EO 1. Please remove the grandfathering clause from Section 1 of Exhibit C. Applicant agreed to remove date in Section 1 of the existing PDA ordinance. Comment cleared on December 3, 2021, please see Exhibit C: Ordinance No. 001026-60 Redlines. Environmental Review EV 1. Please remove the grandfathering clause from Section 1 of Exhibit C. Applicant agreed to remove date in Section 1 of the existing PDA ordinance. Comment cleared on December 3, 2021, please see Exhibit C: Ordinance No. 001026-60 Redlines. There are currently no parkland requirements for uses other than residential and hotel. Given that the application is to allow additional non-residential uses, there would not be parkland dedication requirements for those uses at the time of site plan or subdivision. Site plan comments will be made at time of site plan submittal. There are no site plan comments on the PDA revision at this time. PARD Review PR1: Site Plan Transportation Proposed Revision: C14-99-0069.01 ATD 1. If these restrictions are removed, ATD proposes that they are replaced with a provision that TCM standards shall apply to any proposed vehicle access; to be reviewed at the time of site plan. Applicant and ATD agreed upon language to be added to the new ordinance relating to ATD concerns. Comment cleared on December 20, 2021, please see Exhibit C: Ordinance No. 001026-60 Redlines. Proposed Revision: 7 ATD 2. ATD is agreeable to this code modification so long as any site developments on the property submit a Transportation Demand Management Plan, at the time of site plan, subject to ATD approval. Applicant and ATD agreed upon language to be added to the new ordinance relating to ATD concerns. Comment cleared on December 20, 2021, please see Exhibit C: Ordinance No. 001026-60 Redlines. Austin Water Utility No AW comments. Any existing AW PUE’s must remain. INDEX OF EXHIBITS TO FOLLOW Exhibit A: Zoning Map Exhibit B: Aerial Map Exhibit C: Ordinance No. 001026-60 Redlines 1 2 W CESAR CHAVEZ ST 2 1 3 CBD 9 8 10 11 12 11 9 CBD E CESAR CHAVEZ ST 12 1 1 2 3 CBD 4 8 7 5 6 P J22 2 3 4 CBD 9 8 7 6 5 E V A S S E R G N O C T S S O Z A R B 3 1 CBD DMU P 2 P-NP P-NP T T S S S 1 1 3F 2F 1F L-NP E V S A S E R G N O S C 2 PUD-NP 4 1F LI-PDA-NP CS-1-V-NP 1 6 B A R T O N S P R I N G S R D J21 1 PUD-NP CS-1-V-NP 4 1 CS-1-V-NP 5A 5B P-NP PUD-NP 3F W R I V E R 3F S I D 1 LI-NP 2F PUD-NP E D R 2F CS-1-V-NP O D AVE H AY W O 2A P-NP 1 3 1 3 2 CS-1-V-NP CS-1-V-NP 3 3 LI-NP ONE CS-1-NP E R I V 2 E R S I D E D R CS-1-V-NP CS-1-V-NP CS-NP A CS-V-NP 1 SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER 200 S. Congress Ave C14-99-0069.01 200 S. CONGRESS AVENUE 0.58 Acres J21 KATE CLARK ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: This map has been produced by the Communications Technology Management Dept. on behalf of the Planning Development Review Dept. for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. CS-1-V-NP 3A CS-1-NP 14 ± 1'' = 300' 1 2 W CESAR CHAVEZ ST 2 1 3 CBD 9 8 10 11 12 11 9 CBD E CESAR CHAVEZ ST 12 1 1 2 3 CBD 4 8 7 5 6 P J22 2 3 4 CBD 9 8 7 6 5 E V A S S E R G N O C T S S O Z A R B 3 1 CBD DMU P 2 P-NP P-NP T T S S S 1 1 3F 2F 1F L-NP E V S A S E R G N O S C 2 PUD-NP 4 1F LI-PDA-NP CS-1-V-NP 1 6 B A R T O N S P R I N G S R D J21 1 PUD-NP CS-1-V-NP 4 1 CS-1-V-NP 5A 5B P-NP PUD-NP 3F W R I V E R 3F S I D 1 LI-NP 2F PUD-NP E D R 2F CS-1-V-NP O D AVE H AY W O 2A P-NP 1 3 1 3 2 CS-1-V-NP CS-1-V-NP 3 3 LI-NP ONE CS-1-NP E R I V 2 E R S I D E D R CS-1-V-NP CS-1-V-NP CS-NP A CS-V-NP 1 Copyright nearmap 2015 CS-1-V-NP 3A CS-1-NP 14 ± 1'' = 300' SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER 200 S. Congress Ave C14-99-0069.01 200 S. CONGRESS AVENUE 0.58 Acres J21 KATE CLARK ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: This map has been produced by the Communications Technology Management Dept. on behalf of the Planning Development Review Dept. for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Redline Copy Redline Copy Redline Copy Redline Copy Redline Copy Redline Copy D. Redline Copy E. F. G. not be subject to minimum parking requirements. At the time of site plan, a Transportation Demand Management (TDM) Plan shall be submitted, subject to approval by Austin Transportation Department.