B-01 (C14-2021-0056 - 1609 Matthews Lane Rezoning; District 5).pdf — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2021-0056 – 1609 Matthews Lane Rezoning DISTRICT: 5 ZONING FROM: SF-2 ADDRESS: 1609 Matthews Lane TOTAL SITE AREA: 0.604 acres (approximately 26,314 square feet) PROPERTY OWNERS: CMCBH2, LLC (Ben Heimsath) AGENT: Thrower Design (Victoria Haase) ZONING TO: MF-3 CASE MANAGER: Wendy Rhoades (512-974-7719, wendy.rhoades@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant multifamily residence – low density (MF-2) district zoning. For a summary of the basis of Staff’s recommendation, see case manager comments. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: May 18, 2021: May 4, 2021: APPROVED A POSTPONEMENT REQUEST BY THE NEIGHBORHOOD TO MAY 18, 2021 [H. SMITH; D. KING – 2ND] (8-0) C. ACOSTA, E. RAY – ABSENT; ONE VACANCY ON THE COMMISSION CITY COUNCIL ACTION: June 3, 2021: ORDINANCE NUMBER: ISSUES: The Applicant wishes to discuss the Staff recommendation. The Matthews Lane Neighborhood Association was scheduled to discuss this case on May 11, 2021. CASE MANAGER COMMENTS: The subject rezoning area fronts on Matthews Lane, contains two single family residences and a couple of outbuildings, and is zoned single family residence – standard lot (SF-2). 1 of 20B-1C14-2021-0056 Page 2 There is a church and duplex residential across Matthews Lane to the north (SF-6-CO; SF-3), a convenience storage facility and single family residences to the east (SF-2), convenience storage to the south (DR, served by an unpaved driveway that parallels the railroad tracks), and the Union Pacific Railroad right-of-way and duplex residential fronting Matthews Lane to the west (MF-2). Please refer to Exhibits A and A-1 – Zoning Map and Aerial Exhibit. The Applicant’s request is to rezone the property to the multi-family residence – medium density (MF-3) district so that it may be developed with up to 12 residences and is contemplating a site layout that includes detached, stand-alone units. The Applicant reports that the site has several protected trees, of which three are Heritage size (24 inches or greater). Photos of the site and the adjacent land uses are provided at the back of the Staff packet. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. Applicant’s Request: The multifamily residence – medium density (MF-3) district is intended to accommodate multifamily use with a maximum density of up to 36 units per acre, depending on unit size. This district is appropriate for multifamily residential areas located near supporting transportation and commercial facilities, generally in more centrally located areas, and in other selected areas where medium density multiple use is desirable. The maximum height is 40 feet. Staff Recommendation: The multifamily residence – low density (MF-2) district is intended for multifamily developments with a maximum density of up to 23 units per acre, dependent on unit size. This district is appropriate for multifamily residential areas near single family neighborhoods, and in selected areas where low density multifamily use is desirable. The maximum height is 40 feet or three stories. 2. Zoning changes should promote compatibility with adjacent and nearby uses and should not result in detrimental impacts to the neighborhood character. Staff recommends MF-2 zoning consistent with residentially zoned properties to the north and west, and adjacency to commercial uses to the east and south. Staff believes MF-2 zoning would allow for additional residential development that is compatible with adjacent duplex residential uses, while still promoting the character of the surrounding neighborhood. The Staff recommendation also acknowledges the property’s location adjacent to the railroad tracks and the street characteristics of Matthews Lane, a two-lane roadway. Under the Staff recommendation of MF-2 zoning, up to 13 units could be achieved on this 0.604 acre property. 2 of 20B-1C14-2021-0056 Page 3 EXISTING ZONING AND LAND USES: ZONING LAND USES SF-2 SF-6-CO Site North South DR East West SF-2; SF-2-CO Not applicable; MF-2 Two single family residences and outbuildings Community garden; Religious assembly; Duplexes Convenience storage; Telecommunications tower Convenience storage; Single family residences UPRR tracks and r-o-w; Duplexes Bedichek Middle School SCENIC ROADWAY: No NEIGHBORHOOD PLANNING AREA: Not Applicable TRAFFIC IMPACT ANALYSIS: Is not required WATERSHED: Williamson Creek – Suburban CAPITOL VIEW CORRIDOR: No SCHOOLS: Casey Elementary School COMMUNITY REGISTRY LIST: 39 – Matthews Lane Neighborhood Association 511 – Austin Neighborhoods Council 742 – Austin Independent School District m 1228 – Sierra Club, Austin Regional Group 1363 – SEL Texas 1429 – Go Austin Vamos Austin 1528 – Bike Austin 1531 – South Austin Neighborhood Alliance (SANA) 1550 – Homeless Neighborhood Association 1596 – TNR BCP – Travis County Natural Resources 1616 – Neighborhood Empowerment Foundation 1774 – Austin Lost and Found Pets AREA CASE HISTORIES: 1468 – Armadillo Park Neighborhood Association 1530 – Friends of Austin Neighborhoods 1424 – Preservation Austin Akins High School 627 – Onion Creek Homeowners Association REQUEST DR to SF-3 COMMISSION To be scheduled for June 1, 2021 CITY COUNCIL To be scheduled for July 29, 2021 SF-3; GO-CO to GR To Grant GR-MU-CO for the existing 0.25 acre GO-CO area (Tract 1) and GO for a 0.5 acre existing SF-3 area (Tract 2). CO is Apvd GR-MU-CO for Tracts 1 and 2 and removed day care services (commercial) from the prohibited use list (11-12-2020). NUMBER C14-2021-0060 – Albert Road Rezone – 7401 and 7407 Albert Rd C14-2020-0084 – The Training Kitchen – 1901 Matthews Ln 3 of 20B-1C14-2021-0056 Page 4 for a list of prohibited uses. SF-1-CO to SF-2 To Deny C14-2009-0157 – Albert Rd – 7201 - 7207 Albert Rd; 1305 - 1407 Matthews Ln Apvd SF-2-CO w/CO for 1) Max 3 driveways to Matthews Ln; 1 driveway for drainage facility access; 2 of the driveways shall be for sf residence use and may be joint-use driveways that serve more than 1 SF residence use, and 2) unless a joint-use driveway is used as an alternative access for sf residence use, the minimum lot width at the street frontage on Matthews Ln or Albert Rd is 20 feet (5-13-2010). Apvd as Commission recommended (12-5-1996). C14-96-0117 – Security Village – W William Cannon Dr and Woodhue Dr LO; CS to SF-6 To Grant SF-6-CO w/CO prohibiting access to Matthews Ln RELATED CASES: The rezoning area is acreage out of the J.G. and Henry Fitzhugh Subdivision recorded in December 1889. There are no current site plan applications on the property. EXISTING STREET CHARACTERISTICS: Name Pavement Classification ROW Sidewalks Bicycle Route Matthews Lane 50 feet 26 feet Level 1 (Collector) No Not Applicable Capital Metro (within ¼ mile) No 4 of 20B-1C14-2021-0056 Page 5 OTHER STAFF COMMENTS: Capital Metro This notice concerns all proposed development within 500-feet of the Capital Metro Rail Tracks Capital Metro runs freight service on these tracks, and is required to continue to do so as a matter of federal law. Since March 22, 2010, we are operating passenger rail service, primarily, but not limited to, weekday hours. With the start of passenger rail service, we have shifted freight rail service to other times, particularly the hours after the last passenger train has run. This shift is in accordance with Federal regulations and safety procedures. All concerned parties need to be aware of the freight service in planning any development. The freight trains generate some noise as they move through. At many urban street crossings, there are upgraded signal systems with crossing arms to block the roadway. This allows the City of Austin the ability to apply for a “quiet zone” meaning that the train will not blow its horn, under normal operations, as it moves through the street. At other crossings, the freight train will blow the horn, which is approximately 96 decibels. At any time, if the engineer judges it to be prudent, the horn will be sounded as needed for safe operation. Capital Metro strives to provide the community with the best passenger and freight service possible. We also try to be sure that all of our neighbors are aware of both our present and possible future operations. Comprehensive Planning This rezoning case is located on the south side of Matthews Lane, on a 0.60 acre parcel, which contains two houses. The property is located approximately 2,000 linear feet south of the William Cannon Drive Activity Corridor and 1,200 linear feet from Menchaca Road. The property is not located in an area with an adopted neighborhood plan. Surrounding land uses include undeveloped land, single family housing and a church to the north; to the south are single family houses; to the west is a railroad line (a major spur) and a single-family subdivision; to the east are single family houses and convenience storage facility. Up to 10 residential units are proposed. Connectivity Most of Matthews Lane has only an intermittent public sidewalk system located on one side of the street. The closest public transit stops are located approximately 2,000 linear feet walking distance from the site, on both William Cannon Drive and Menchaca Road. Connectivity and mobility options are fair because the area lacks civic uses, such as a public school, and goods and services within a quarter mile walking distance of this site. Imagine Austin The following are Imagine Austin policies are applicable to this case: • LUT P5. Create healthy and family-friendly communities through development that includes a mix of land uses and housing types and affords realistic opportunities for 5 of 20B-1C14-2021-0056 Page 6 transit, bicycle, and pedestrian travel and provides both community gathering spaces, parks and safe outdoor play areas for children. • LUT P7. Encourage infill and redevelopment opportunities that place residential, work, and retail land uses in proximity to each other to maximize walking, bicycling, and transit opportunities. • HN P1. Distribute a variety of housing types throughout the City to expand the choices able to meet the financial and lifestyle needs of Austin’s diverse population. Based upon the project providing additional housing in the area but only fair mobility and connectivity options, and goods and services and civic uses being beyond a quarter of a mile walking radius of this site, this project only partially supports the Imagine Austin Comprehensive Plan. 6 of 20B-1C14-2021-0056 Page 7 7 of 20B-1C14-2021-0056 Page 8 Drainage The developer is required to submit a pre- and post-development drainage analysis at the subdivision and site plan stage of the development process. The City’s Land Development Code and Drainage Criteria Manual require that the Applicant demonstrate through engineering analysis that the proposed development will have no identifiable adverse impact on surrounding properties. Environmental The site is not located over the Edwards Aquifer Recharge Zone. The site is in the Williamson Creek Watershed of the Colorado River Basin, which is classified as a Suburban Watershed by Chapter 25-8 of the City's Land Development Code. The site is in the Desired Development Zone. Under current watershed regulations, development or redevelopment on this site will be subject to the following impervious cover limits: Development Classification % of Gross Site Area % of Gross Site Area Single-Family (minimum lot size 5750 sq. ft.) Other Single-Family or Duplex Multifamily Commercial 50% 55% 60% 80% with Transfers 60% 60% 70% 90% According to floodplain maps there is no floodplain within or adjacent to the project location. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. At this time, site specific information is unavailable regarding vegetation, areas of steep slope, or other environmental features such as bluffs, springs, canyon rimrock, caves, sinkholes, and wetlands. Under current watershed regulations, development or redevelopment requires water quality control with increased capture volume and control of the 2-year storm on site. Impervious Cover Within the Williamson Creek watershed, the maximum impervious cover allowed by the MF-3 zoning district would be 65%, which is based on the more restrictive zoning regulations. The maximum impervious cover allowed by the MF-2 zoning district would be 60%, which is based on the more restrictive watershed regulations. 8 of 20B-1C14-2021-0056 Page 9 Site Plan and Compatibility Standards Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. The site is subject to compatibility standards. Along the southeast property line, the following standards apply: a. No structure may be built within 25 feet of the property line. b. No structure in excess of two stories or 30 feet in height may be constructed c. No structure in excess of three stories or 40 feet in height may be constructed within 50 feet of the property line. within 100 feet of the property line. d. No parking or driveways are allowed within 25 feet of the property line. e. A landscape area at least 25 feet wide is required along the property line. In addition, a fence, berm, or dense vegetation must be provided to screen adjoining properties from views of parking, mechanical equipment, storage, and refuse collection. Additional design regulations will be enforced at the time a site plan is submitted. PARD – Planning & Design Review Parkland dedication will be required for the new residential units proposed by this development, condominiums with MF-3 zoning, at the time of subdivision or site plan, per City Code § 25-1-601. Whether the requirement shall be met with fees in-lieu or dedicated land will be determined using the criteria in City Code Title 25, Article 14, as amended. Should fees in-lieu be required, those fees shall be used toward park investments in the form of land acquisition and/or park amenities within the surrounding area, per the Parkland Dedication Operating Procedures § 14.3.11 and City Code § 25-1-607 (B)(1) & (2). If the applicant wishes to discuss parkland dedication requirements in advance of site plan or subdivision applications, please contact this reviewer: thomas.rowlinson@austintexas.gov. At the applicant’s request, PARD can provide an early determination of whether fees in-lieu of land will be allowed. Transportation ASMP Assessment No right-of-way is required for Matthews Lane. Transportation Assessment Assessment of required transportation mitigation, including the potential dedication of right of way and easements and participation in roadway and other multi-modal improvements, will occur at the time of site plan application. A Traffic Impact Analysis shall be required at the time of site plan if triggered per LDC 25-6-113. 9 of 20B-1C14-2021-0056 Page 10 Austin Water Utility The landowner intends to serve the site with City of Austin water and wastewater utilities. The landowner, at own expense, will be responsible for providing any water and wastewater utility improvements, offsite main extensions, utility relocations and or abandonments required by the land use. The water and wastewater utility plan must be reviewed and approved by Austin Water for compliance with City criteria and suitability for operation and maintenance. Based on current public infrastructure configurations, it appears that service extension requests (SER) will be required to provide service to this lot. For more information pertaining to the Service Extension Request process and submittal requirements contact Alberto Ramirez with Austin Water, Utility Development Services at 625 E. 10th St., 7th floor. Ph: 512-972-0211. The landowner must pay the City inspection fee with the utility construction. The landowner must pay the tap and impact fee once the landowner makes an application for a City of Austin water and wastewater utility tap permit. INDEX OF EXHIBITS, ATTACHMENTS AND CORRESPONDENCE TO FOLLOW Exhibit A: Zoning Map Exhibit A-1: Aerial Map Photos of Adjacent Properties Correspondence Received 10 of 20B-169-157 SP89-0048CS GR FAST FOOD FAST\FOOD 75-129 VACANT ( GR-NP LR-NP C14-2019-0087 ( ( SF-3-NP ( ( ( ( ( ( ( W CIR O D A E M ( ( ( ( ( ( ( ( ( SF-3-NP ( ( EL LN ( BIS S ( ( ( ( SF-3-NP ( L CIR E S BIS ( ( ( ( ( C14-2014-0019 ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( CS-1-CO C14-2019-0064 CS-1 79-216 GENERAL\RETAIL\SALES P79-55 PHARMACY 80-240 SHOPPING CENTER GR SF-3 ( ( ( ( CHERRY ORCHARD DR ( ( ( ( W WILLIAM CANNON DR ( ( SF-3 ( ( P82-57 MF-2-NP APARTMENTS SP-99-0109C LI 86-081 93-0052 73-122 RZ87-024 SP96-0296C C 9 1 1 -0 9 9 P- S 5 5 -1 4 9 IR A P E O R T U A S C 1 9 0 -0 8 H 9 S P- A S W R A C CS C 9 2 2 -0 8 9 P- S IR A P E O R T U A E R O T V. S N O C N TIO A T S S A G SP97-0244C SP-01-0418C 96-0117 SF-6-CO C14-96-0117 98-0228 SF-3 ( ( ( ( SF-3 ( ( ( MIM O S A D R ( 82-71 LO S SP85-078 P-01-0254C R ( ( ( = ( SF-3 ( ( 84-446RC 79-112 82-126 MF-2 ( ( ( ( 1 9 71-2 C O N V/G A S LR ST O R E UNDEV 71-164 C14-71-164 SP-98-0471C ASSISTED\LIVING\CENTER 77-21 OFFICES ( LO-CO LO C14-05-0062 ( C14-2020-0084 GR-MU-CO ( SALON 05-0062 ( = SF-2 85-310 SF-3 = D A R C A H C N E M POST OFFICE SF-3 ( ( ( ( ( ( ( ( ( ( R ( ( W D O D A E Y M R R E H C ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( ( ( R E D U G A E L N O N N A C ( ( ( ( ( R E D L A D Y R R E H C ( ( ( ( ( ( ( ( ( ( ( SF-3 ( ( ( ( ( ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( C H E ( R R Y M E A D O ( ( ( ( ( ( W CIR ( ( ( ( ( = = = = MF-2 = = = POND UNDER CONSTRUCTION SF-6 SP-06-0174C ( ( SF-3 U N D E V ( LO 91-0085 MF-2-CO C14-2010-0165 CHURCH/SCHOOL 2010-0165 = = = R N D A E N J A D = = = = = = = = MF-2 = = 84-476 = = = = = O CIR TIN N TA S N O C = = = = = = = = = = = = = = = = = ! ! ! ! ( ! ! ! ! ! ! ! ! ! BL D G. S U P PLIE S ( MINI-W A R E H O U S E S = = = = = = W O O D H U E C T = = = = = = = ( SF-2 ( ( ( ( ( ( ( ( = = ( = = = = = = = = = = = = = = = T C Y E K Y R O V I = = = = = V E C R U S A E R T = = SF-3 = = = 2009-0157 SF-2-CO C14-2009-0157 98-0008 = M AT T H E W = = S L N = = = ( SF-1 C14-2009-0158 ( 2009-0158 98-0025 LO-CO SF-3 M/H ( 98-0025 C14-2013-0037 M/H M/H C14-2018-0139 ( DR M/H ( ( ( ( MF-2-CO C14-2012-0066 GO-MU C14-2019-0121 ( ± ( ( ( D T R R E B AL ( ( ( ( ( ( DR ( DR ( ! ! ! ! ! ! ! ! !! ! ! ! ! ! ( SF-6-CO C14-05-0091 C14-2012-0042 PA CIN O LN ( D A M O ( N R D ( ( DR ( ( ( ( ( M/H ( ( ( ( D D R O O T W S E R O F ( ( ( ( ( ( ( ( SF-2 ( ( ( ( 87-085 ( ( SF-2 ( ( SF-2 ( ( ( ( ( ( SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY SF-2 C14-2007-0184 ( ( ( ( ZONING Exhibit A ZONING CASE#: C14-2021-0056 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 400 ' This product has been produced by the Housing and Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or Created: 4/7/2021 R E D U H D O O W = = = = = = ( ( = = = ( ( ( = = ( ( ( ( = = = = = ( ( ( ( ( ( ( ( ( ( ( AY T W RIF D WIN ( ( ( ( ( ( ( ( ( ( ( ( SF-3 ( ( ( ( ( ( N U W R ( O D A E M ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( ( D T R S E R O M F EL ( ( ( 87-085 ( ( DR ( ( 11 of 20B-16 7 2 SF-3 3 8 1 1 SF-3 28 R D N A E J N A D 2 29 30 6 21 20 19 18 11 10 5 22 7 27 SF-3 23 8 C M E A H E R D O R Y W CIR 24 R W D O D A E Y M R R E H C 2 1 26 25 4 3 9 8 7 6 SF-3 5 31 32 MF-2 33 26 27A C14-2021-0056 2 F16 1 27B 25 24 1 2 10 9 3 MF-2 12 11 O CIR TIN N TA S N O C 23 8 7 22 21 DR SF-6-CO CS 2 40 42 6 SF-2 C W O O D H U E C T 39 A B SF-3 36 43 44 45 35 46 M ATTH E W S LN 31 33 34 47 48 R E D U H D O O W 41 3 4 5 D T R R E LB A 1 8 9 SF-2-CO 10 SF-1 DR Copyright nearmap 2015 1609 Matthew Lane Rezoning Exhibit A - 1 SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2021-0056 1609 Matthews Lane 0.593 Acres F16 Wendy Rhoades 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. 20 19 18 17 MF-2-CO ± 1'' = 150' 12 of 20B-113 of 20B-114 of 20B-115 of 20B-116 of 20B-117 of 20B-1From: To: Subject: Date: Mr. Sutton Ms. Haase; Rhoades, Wendy RE: May 4 Zoning and Platting Meeting Friday, April 30, 2021 6:48:14 PM Thank you all. We did indeed discuss this rezoning this afternoon and I recognize the benefit of conversation regarding this, but we are not quite There yet. I shall keep you both apprised. The May 18 date is acceptable as well. We are agreeable to a 2 week postponement and would like the case to come back to the May 18th agenda. Mr. Sutton, please let me know if we can set up a virtual meeting or have a conversation to better understand any concerns for this rezoning. We welcome the opportunity to listen and address those concerns. Eugene Sutton Sent from Mail for Windows 10 From: Ms. Haase Sent: Friday, April 30, 2021 6:17 PM To: Rhoades, Wendy; Mr. Sutton Subject: RE: May 4 Zoning and Platting Meeting Thank you, Victoria Haase Thrower Design 510 South Congress Avenue, Suite 207 Mail: P.O. Box 41957 Austin, Texas 78704 512-998-5900 Cell 512-476-4456 Office 18 of 20B-1From: Rhoades, Wendy <Wendy.Rhoades@austintexas.gov> Sent: Friday, April 30, 2021 5:29 PM To: Eugene Sutton Cc: Victoria Subject: RE: May 4 Zoning and Platting Meeting Could you please identify a postponement date? As information, the next two ZAP meetings are May 18th and June 1st. Mr. Sutton, Thank you, Wendy From: Eugene Sutton Sent: Friday, April 30, 2021 3:15 PM To: Rhoades, Wendy <Wendy.Rhoades@austintexas.gov> Cc: Victoria Subject: May 4 Zoning and Platting Meeting *** External Email - Exercise Caution *** Our smaller meeting group that is looking at 1609 Matthews is seeking to postpone the May 4 Zoning Commission meeting in order for Us to solidify our desires and responses of rezoning this property. I noticed that I received a notification from you on 4/22 regarding the May 4 meeting And that does fall within the required two weeks but we would appreciate a delay. Thanks for the zoning application info. Eugene Sutton Matthews Lane Neighborhood Association Sent from Mail for Windows 10 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. 19 of 20B-1Note: Should additional backup be submitted after the online publishing of this staff report, it may be found at the following link: https://www.austintexas.gov/cityclerk/boards_commissions/meetings/54_1.htm 20 of 20B-1