January 21, 2020 Zoning and Platting Commission — original link
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Facilitator: Heather Chaffin, 512-974-2122 Attorney: Nicolas Parke, 512-974-6463 Commission Liaison: Andrew Rivera, 512-974-6508 ZONING & PLATTING COMMISSION AGENDA Tuesday, January 7, 2020 The Zoning and Platting Commission will convene at 6:00 PM on Tuesday, January 7, 2020 at Austin City Hall, Council Chambers 301 W. Second Street, Austin, TX Ana Aguirre – Secretary David King Nadia Barrera-Ramirez Jolene Kiolbassa – Chair Timothy Bray Ellen Ray Ann Denkler - Parliamentarian Hank Smith Jim Duncan – Vice-Chair Abigail Tatkow Bruce Evans EXECUTIVE SESSION (No public discussion) The Zoning & Platting Commission will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters specifically listed on this agenda. The commission may not conduct a closed meeting without the approval of the city attorney. Private Consultation with Attorney – Section 551.071 CITIZEN COMMUNICATION The first four (4) speakers signed up prior to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. A. APPROVAL OF MINUTES 1. Approval of minutes from December 17, 2019. Facilitator: Heather Chaffin, 512-974-2122 Attorney: Nicolas Parke, 512-974-6463 Commission Liaison: Andrew Rivera, 512-974-6508 B. PUBLIC HEARINGS 1. Rezoning: C14-2019-0158 - Alonti Catering; District 5 Location: 3421 West William Cannon Drive, Suite 115, Williamson Creek Watershed-Barton Springs Zone Owner/Applicant: Cannon Oaks, LLC (Timothy Timmerman) Agent: Lenworth Consulting, LLC (Nash Gonzales) Request: GR to CS-CO Staff Rec.: Recommended Staff: Wendy Rhoades, 512-974-7719 Planning and Zoning Department 2. Rezoning: C814-88-0001.12 - Davenport West PUD Amendment 12; District 10 Location: 4417 Westlake Drive, St. Stephens Creek Watershed Owner/Applicant: Michael and Susan Dell Foundation (Anand Srinivasan) Agent: Metcalfe, Wolff, Stuart & Williams (Michele Rogerson Lynch) Request: PUD to PUD, to change a condition of zoning and allow additional office building Staff Rec.: Recommended Staff: Mark Graham, 512-974-3574 Planning and Zoning Department 3. Rezoning: C14-2019-0137 - Delwau RV Park; District 1 Location: 7715 Delwau Lane, Boggy Creek and Colorado River Watersheds Owner/Applicant: Delwau LLC (Noah Zimmerman) Agent: South Llano Strategies (Glen Coleman) Request: SF-2 to CS-MU Staff Rec.: Recommendation of CS-MU-CO, with conditions Staff: Heather Chaffin, 512-974-2122 Planning and Zoning Department 4. Rezoning: C14-2019-0103 - 9100 US-290 East; District 1 Location: 9100 US 290 East, Walnut Creek Watershed Owner/Applicant: COCO04 Austin TX, LP c/o Gladstone Commercial Corp Agent: Drenner Group PC (Dave Anderson) Request: LI-CO to …
ZONING CHANGE REVIEW SHEET CASE: C14-2019-0158 – Alonti Catering DISTRICT: 5 ZONING FROM: GR TO: CS-CO ADDRESS: 3421 West William Cannon Drive, Suite 115 SITE AREA: 0.0417 acres (1,815 square feet) PROPERTY OWNER: Cannon Oaks, LLC AGENT: Lenworth Consulting, LLC (Timothy Timmerman) (Nash Gonzales) CASE MANAGER: Wendy Rhoades (512-974-7719, wendy.rhoades@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant general commercial services – conditional overlay (CS-CO) combining district zoning. The Conditional Overlay prohibits the following uses: adult-oriented businesses, bail bond services, commercial blood plasma center, drop-off recycling collection facility, exterminating services, and pawn shop services. For a summary of the basis of Staff’s recommendation, see page 2. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: January 7, 2020: CITY COUNCIL ACTION: January 23, 2020: ORDINANCE NUMBER: ISSUES: None at this time. CASE MANAGER COMMENTS: The subject rezoning area is a 1,815 square foot vacant lease space in a larger commercial center containing a service station, food sales, medical offices, retail and restaurant uses, personal services and pet services, and zoned community commercial (GR). The shopping center is situated at the southeast corner of West William Cannon Drive and Brodie Lane and has driveways to both streets. A drainage easement and tributary of Williamson Creek is to the east (SF-2; PUD). Please refer to Exhibits A and A-1 – Zoning Map and Aerial Exhibit. The Applicant proposes general commercial services – conditional overlay (CS-CO) district zoning in order to occupy the lease space with a food preparation use (specifically a 1 of 11B-01 C14-2019-0158 Page 2 commercial kitchen), which is first permitted by right in this district. The Applicant’s Conditional Overlay is to prohibit more intensive CS uses for the lease space. BASIS FOR RECOMMENDATION 1. The proposed zoning should be consistent with the purpose statement of the district sought. The general commercial services (CS) district is intended predominantly for commercial and industrial activities of a service nature having operating characteristics or traffic service requirements generally incompatible with residential environments. The CS district is best suited for uses located at intersections of arterial roadways or arterials with collector status. The intention is to promote safe and efficient use of transportation facilities. The property has access to William Cannon Drive and Brodie Lane, both classified as major arterial roadways. 2. Zoning changes should promote compatibility with adjacent and nearby uses. Staff recommends CS-CO zoning in accordance with the Applicant’s request based on the property’s …
ZONING CHANGE REVIEW SHEET CASE: C14-88-0001.12 Davenport West PUD Amendment 12 DISTRICT: 10 ZONING FROM: PUD TO: PUD, to change conditions of zoning ADDRESS: 4417 Westlake Dr. SITE AREA: 5.30 acres (230,868 sq. ft.) PROPERTY OWNER: Michael & Susan Dell Foundation (Anand Srinivasan) AGENT: Metcalfe, Wolff, Stuart & Williams (Michele Rogerson Lynch) CASE MANAGER Mark Graham (512-974-3574, mark.graham@austintexas.gov ) STAFF RECOMMENDATION: Staff recommends the requested substantial amendment to the Davenport West PUD, Amendment 12, increasing allowable non-residential floor area by 29,090 square feet for the proposed office on Lot 17, Block E, Tract F. For a summary of the basis of staff’s recommendation, see case manager comments on page 2. ENVIRONMENTAL COMMISSION RECOMMENDATION: The Environmental Commission reviewed the Davenport West PUD Amendment 12 case on Wednesday, December 4, 2019 and approved a motion (attached) 10-0 to recommend the PUD Amendment with conditions. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: December 17, 2019 CITY COUNCIL ACTION: January 23, 2020 ORDINANCE NUMBER: ISSUES Allowable non-residential floor area The applicant requests approval of Davenport West PUD Amendment 12 to permit building a 29,090 square foot office building and bridge linking it to their existing office building. This issue requires an amendment to the PUD. The rest of the listed issues explain how development will meet various inter-related standards such as impervious coverage, parking and height while addressing neighborhood concerns. 1 of 39B-02 C14-88-0001.12 2 CASE MANAGER COMMENTS: Davenport Ranch developer Westview agreed to set aside over 100 acres of their land in the Wild Basin area along Loop 360 Highway in exchange for the City of Austin agreeing to allow the transfer of development rights for 100 residential units to nearby land in Davenport Ranch. The land donation was a significant step in creating the Wild Basin Wilderness Preserve. In 1989 Westview received zoning approval on their master planned Davenport Ranch West PUD covering 444.31 acres. The largest portion of the land, 182 acres, provides for detached residences. The second largest land use, about 104 acres, is the St Stephens School Campus. Offices are the third largest class of land use in the PUD, occupying about 86 acres. The subject case is focused on a lot within Tract F, a plan for 144.91 acres of the Davenport West PUD. The plan identified Blocks and Lots with associated land uses including detached residential, office and retail. Tract F is located west of and adjacent …
ZONING CHANGE REVIEW SHEET CASE: C14-2019-0137 -- Delwau RV Park Z.A.P. DATE: January 7, 2020 ADDRESS: 7715 Delwau Lane AREA: 11.9 acres DISTRICT AREA: 1 OWNER: Delwau LLC (Noah Zimmerman) APPLICANT: South Llano Strategies (Glen Coleman) ZONING FROM: SF-2 TO: CS-MU-CO As part of the proposed rezoning, the Applicant proposes the following conditional overlay: The following land uses shall be prohibited on the subject property: Funeral services, Exterminating services, Pawn shop services, Bail bond services, Building maintenance services, Automotive rentals, Automotive repair services, Automotive sales, Automotive washing (of any type), Commercial blood plasma center, Commercial off-street parking, Construction sales and services, Drop-off recycling collection facility, Electronic prototype assembly, Equipment repair services, General retail sales (General), Kennels, Laundry services, Medical offices—exceeding 5,000 sq/ft of gross floor space, Offsite accessory parking, Service station, Vehicle storage, Limited warehousing and distribution, College and university facilities, Hospital services (General), Hospital services (Limited), Maintenance and service facilities, Residential treatment, Safety services, Transitional housing, Group home- Class II, Multifamily residential, and Transportation terminal. Alternative financial services, Electronic testing, and Monument retail sales. SUMMARY STAFF RECOMMENDATION: The Staff’s recommendation is to grant the rezoning as requested with the condition that the site be subject to the conditions outlined in the Neighborhood Traffic Analysis (NTA) memorandum. (Please see Exhibit D- NTA Memorandum). ZONING & PLATTING COMMISSION RECOMMENDATION: January 7, 2020: December 3, 2019: To grant postponement to January 7, 2020 as requested by Staff, on consent. CITY COUNCIL DATE: January 23, 2020: ORDINANCE READINGS: 1st 2nd 3rd ORDINANCE NUMBER: CASE MANAGER: Heather Chaffin PHONE: 512-974-2122 e-mail: heather.chaffin@austintexas.gov 1 of 23B-03 C14-2019-0137 Page 2 ISSUES: A rezoning application for CS-MU and CS-1 zoning was submitted for this property in January 2018. At that time, the Applicant proposed developing a campground with a portion of the site used for food trucks, limited retail options, and would allow the property owner to serve alcohol (CS-1 zoning). The request was recommended by Staff and the Zoning and Platting Commission (ZAP) but denied at City Council. The Applicant is no longer requesting CS-1 zoning for the property. The property is located on the northern shore of the Colorado River and has significant areas of floodplain and water quality buffers. Consequently, approximately 3.96 acres of the 11.9 acre site cannot be developed with buildings or other impervious cover. Delwau Lane, which provides vehicular access to the property, is substandard and not scheduled for City improvements …
ZONING CHANGE REVIEW SHEET CASE: C14-2019-0103 – 9100 US-290 East Z.A.P. DATE: January 7, 2020 ADDRESS: 9100 US Highway 290 East AREA: 7.267 Acres OWNER: COCO04 Austin TX LP c/o Gladstone Commercial Corporation AGENT: Drenner Group PC (Dave Anderson) FROM: LI-CO TO: CS-CO SUMMARY STAFF RECOMMENDATION: Staff recommends CS-CO zoning, with conditions. The following conditions are proposed by the Applicant: 1. The following land uses shall be prohibited: Bed & breakfast (Group 1), Bed & breakfast (Group 2), Short term rental, Alternative financial services, Bail bond services, Commercial off-street parking, Drop-off recycling collection facility, Equipment sales, Funeral services, General retail sales (convenience), General retail sales (general), Hotel-motel, Indoor entertainment, Laundry services, Monument retail services, Off-site accessory parking, Pawn shop services, Pedicab storage and dispatch, Personal improvement services, Personal services, Plant nursery, Service station, Theater, Vehicle storage, Veterinary services, Transportation terminal, Automotive repair services, Automotive sales, Automotive washing (of any type), Campground, Kennels, Community events, Congregate living, Residential treatment, Transitional housing, Maintenance and service facilities, Outdoor entertainment, and Outdoor sports and recreation. Staff also recommends that the Traffic Mitigation Memorandum prepared by City Staff be attached to the property via public restrictive covenant (RC). CASE MANAGER: Heather Chaffin PHONE: 512-974-2122 e-mail: heather.chaffin@austintexas.gov Z.A.P. COMMISSION ACTION/RECOMMENDATION: January 7, 2020: December 3, 2019: To grant postponement to January 7, 2020 as requested by Staff, on consent. CITY COUNCIL ACTION: January 23, 2020: ORDINANCE NUMBER: 1 of 26B-04 C14-2019-0103 Page 2 of 6 ISSUES: The Applicant proposes downzoning the subject property to allow a K-12 charter school to occupy an existing building on the site. The Applicant proposes carrying forward the prohibited land uses that were added with a zoning case in 2000, as well as adding more prohibited land uses. A public restrictive covenant (RC) was attached with that case that prohibits vehicular access to Springdale Road or Sansom Road, and assorted design and operation elements. The public RC remains in effect on the subject tract. Please see Exhibit E- Restrictive Covenant. DEPARTMENT COMMENTS: The subject property is a 7.267 acre tract located in the Tuscany Business Park northeast of US 290 and Ed Bluestein Boulevard. The rezoning tract is zoned LI-CO and is developed with a vacant building. The most recent occupant of the building was a trade/business school. Immediately west of the tract is a truck supply and repair business, also zoned LI-CO. Immediately north of the tract is a warehousing …
INDEX OF DRAWINGSGENERAL PLAN NOTES:1.RELEASE OF THIS APPLICATION DOES NOT CONSTITUTE A VERIFICATION OF ALL DATA, INFORMATION AND CALCULATIONSSUPPLIED BY THE APPLICANT. THE ENGINEER OF RECORD IS SOLELY RESPONSIBLE FOR THE COMPLETENESS, ACCURACY ANDADEQUACY OF HISHER SUBMITTAL, WHETHER OR NOT THE APPLICATION IS REVIEWED FOR CODE COMPLIANCE BY CITYENGINEERS.2.WATERSHED STATUS: THIS PROJECT IS NOT LOCATED OVER THE EDWARDS AQUIFER RECHARGE ZONE. THIS PROJECT COMPLIESTO THE WATERSHED PROTECTION REGULATIONS IN CHAPTERS 25-7 AND 25-8 OF THE LDC.3.PORTIONS OF THE SUBDIVISION ARE LOCATED WITHIN THE 100-YEAR FLOODPLAIN AS IDENTIFIED BY THE FEDERAL EMERGENCYMANAGEMENT AGENCY, NATIONAL FLOOD INSURANCE PROGRAM IN MAP NO. 48453C0595J, EFFECTIVE ON JANUARY 6, 2016,FOR TRAVIS COUNTY, TEXAS AND INCORPORATED AREAS.4.THERE ARE KNOWN CRITICAL ENVIRONMENTAL FEATURES ON THIS SITE.5.APPROVAL OF THESE PLANS BY CITY OF AUSTIN INDICATES COMPLIANCE WITH APPLICABLE CITY REGULATIONS ONLY.APPROVAL BY OTHER GOVERNMENTAL. ENTITIES MAY BE REQUIRED PRIOR TO THE START OF CONSTRUCTION. THE APPLICANTIS RESPONSIBLE FOR DETERMINING WHAT ADDITIONAL APPROVALS MAY BE NECESSARY.6.SLOPES IN EXCESS OF 25 EXIST ON ALL LOTS. CONSTRUCTION ON SLOPES IS LIMITED PER THE LAND DEVELOPMENT CODE.DATE OF SUBMITTAL: 2252019OWNER:SOUTH IH INVESTORS LPP.O. BOX 26676AUSTIN, TX 78755DEVELOPER:JOURNEYMAN GROUPP.O.BOX 26676AUSTIN, TX 78755ENGINEER:JONES|CARTER, INC.3100 ALVIN DEVANE BLVD, SUITE 150AUSTIN, TEXAS 78741512-441-9493ATTN: GEMSONG N. RYAN, P.E.LEGAL DESCRIPTION:BEING A 58.3885 ACRE TRACT OF LAND OUT OF THE SANTIAGODEL VALLE SURVEY, ABSTRACT NUMBER 24 SITUATED IN THECITY OF AUSTIN, TRAVIS COUNTY, TEXAS, AS CONVEYED BYGENERAL WARRANTY DEED AS RECORDED IN DOCUMENT NO.2007013238 OF THE OFFICIAL PUBLIC RECORDS OF TRAVISCOUNTY, TEXAS.ZONING:MF-4 (ZONING CASE No. C14-2018-0127)SUBURBAN WATERSHED: ONION CREEKJUNE 2019REVISIONSCORRECTIONSREVISE (R)DELETE (D)ADD (A) SHEET No'STOTALSHEETS INPLAN SETNETCHANGEIMPERV.COVER SFTOTAL SITEIMPERV.COVER SF CITY OFAUSTINAPPROVALDATEDATEIMAGEDDESCRIPTIONREV SHEET NO.OFDGN. BY:DWN. BY:JOB NO.DATE:SHCJUNE 20190A836-0006GNR1PRELIMINARY PLANFORTHREE HILLS APARTMENTSTHREE HILLS - PRELIMINARY PLANC8-2019-0032DATE© JOB NUMBER 0A836-0006PREPARED BYPREPARED BYTexas Board of Professional Engineers Registration No. F-4393100 Alvin Devane Boulevard, Suite 150 Austin, Texas 78741 512.441.9493BENCHMARK INFORMATION:BM1: SQUARE CUT IN TOP OF CONCRETE CURB INLET, LOCATEDALONG THE NORTH RIGHT OF WAY LINE OF BURLESON ROAD,APPROXIMATELY 970' FROM THE WEST RIGHT OF WAY LINE OF USHWY 183 SOUTH.ELEVATION = 498.81'VERTICAL DATUM: NAVD 88 (GEOID 09)BM2: SQUARE CUT IN TOP OF THE CONCRETE BASE OF A METALGUARDRAIL ALONG THE MEDIAN OF US HWY 183, APPROXIMATELY920' SOUTH OF SOUTH RIGHT OF WAY LINE OF BURLESON ROAD.ELEVATION = 485.22'VERTICAL DATUM: NAVD 88 (GEOID 09)GEMSONG N. RYAN99300PRELIMINARY SUBDIVISION APPROVAL SHEET ____ OF ____. FILE NUMBER: C8-2019-0032 APPLICATION DATE: 2252019APPROVED BY (ZAP) (PC) ON_________________EXPIRATION DATE (LDC 25-4-62) ___________________________________CASE MANAGER:____________________________________________________Joey de la Garza, forDenise …
SUBDIVISION REVIEW SHEET CASE NO.: C8-2019-0032.0A ZAP DATE: Jan. 7, 2020 SUBDIVISION NAME: Three Hills Apartments Final Plat AREA: 58.39 ac. LOT(S): 6 OWNER: South IH 35 Investors, LP (C.W. Hetherley) AGENT/APPLICANT: Gemsong N. Ryan, P.E. (Jones Carter, Inc.) ADDRESS OF SUBDIVISION: 12001 S IH 35 COUNTY: Travis WATERSHED: Onion Creek EXISTING ZONING: MF-4 PROPOSED LAND USE: Multifamily, ROW and Parkland DEPARTMENT COMMENTS: The request is for the approval of Three Hills Apartments Preliminary Plan which will develop a 58.39 ac. previously un-platted tract into 3 lots for multifamily use (48.82 ac.), 1 lot for ROW (4.89 ac.) and 2 lots for parkland (4.68 ac.) in order to create a three lot subdivision (Lots 1, 2 & 3, Block A, Three Hills Apartments Subdivision) with all associated improvements. STAFF RECOMMENDATION: Staff recommends approval of this subdivision plat as it meets all applicable State and City of Austin LDC requirements. ZONING AND PLATTING COMMISSION ACTION: CASE MANAGER: Joey de la Garza PHONE: 512-974-2664 EMAIL: joey.delagarza@austintexas.gov B-061 of 5 Texas Board of Professional Engineers Registration No. F-439Texas Board of Professional Land Surveying Registration No. 100461013100 Alvin Devane Boulevard, Suite 150 Austin, Texas 78741 512.441.9493B-062 of 5 Texas Board of Professional Engineers Registration No. F-439Texas Board of Professional Land Surveying Registration No. 100461013100 Alvin Devane Boulevard, Suite 150 Austin, Texas 78741 512.441.9493B-063 of 5 Texas Board of Professional Engineers Registration No. F-439Texas Board of Professional Land Surveying Registration No. 100461013100 Alvin Devane Boulevard, Suite 150 Austin, Texas 78741 512.441.9493B-064 of 5 Texas Board of Professional Engineers Registration No. F-439Texas Board of Professional Land Surveying Registration No. 100461013100 Alvin Devane Boulevard, Suite 150 Austin, Texas 78741 512.441.9493’– ’GARY C. BOWESB-065 of 5
SITE PLAN REVIEW SHEET ENVIRONMENTAL VARIANCE REQUEST ONLY CASE: SP-2018-0565D ZAP COMMISSION DATE: 01/07/2020 PROJECT NAME: Ventura at Parmer Lane APPLICANT: Dominium Development, LLC. AGENT: Kimley-Horn ADDRESS OF SITE: 8407 E. Parmer Lane, Austin, TX 78653 COUNTY: Travis AREA: 31.29ac. WATERSHED: Gilleland Creek JURISDICTION: 2-Mile ETJ EXISTING ZONING: N/A (project is located in 2-Mile ETJ) PROPOSED DEVELOPMENT: Multi-family development (216 units) with associated paving, utility, drainage, and water quality improvements DESCRIPTION OF VARIANCE: The applicant requests the following: 1. Request to vary from LDC 25-8-261 to allow development in a critical water quality zone. 2. Request to vary from LDC 25-8-341 to allow cut more than four feet in depth within 100 feet of a classified waterway. 3. Request to vary from LDC 25-8-342 to allow fill more than four feet in depth within 100 feet of a classified waterway. STAFF RECOMMENDATION: Staff does not recommend these variances, having determined that the findings of fact have not been met. ENVIRONMENTAL BOARD ACTION: 12/04/2019: The Environmental Board voted in (10) favor, (0) against, (0) absentia ZONING AND PLATTING COMMISSION ACTION: ENVIRONMENTAL REVIEW STAFF: Jonathan Garner, Development Services Department PHONE: 512-974-1665 CASE MANAGER: Randall Rouda, Development Services Department PHONE: 512-974-3338 1 of 34B-07 1 ENVIRONMENTAL COMMISSION MOTION 20191204 008a Date: December 4, 2019 Subject: Ventura at Parmer Lane, SP-2018-0565D Motion by: Andrew Creel Seconded by: Wendy Gordon RATIONALE: WHEREAS, the Environmental Commission recognizes that the provision of affordable housing in the City of Austin is vital to ensure a resilient and equitable future for our City; and WHEREAS, the Environmental Commission recognizes that the applicant has worked to design improvements to the site that would have overall environmental benefits, including reduction in impervious cover and the protection of heritage trees. THEREFORE, the Environmental Commission recommends approval of the requested variances: to vary from LDC 25-8-261 to allow development in a critical water quality zone, to vary from LDC 25-8-341 to allow cut more than four feet in depth within 100 feet of a classified waterway, and to vary from LDC 25-8-341 to allow fill more than four feet in depth within 100 feet of a classified waterway with the following Environmental Commission conditions: 1. A restricted covenant to limit total development to 30% impervious cover 2. Commitment from the applicant to protect or mitigate at 300% any heritage trees removed on site 3. Restoration and preparation of a management plan for riparian …
NEIGHBORHOOD HOUSING and COMMUNITY DEVELOPMENTHousing Displacement Mitigation Strategies1Zoning & Platting Commission January 7, 2020Nefertitti JackmonJonathan Tomko A GROWING CITY WITH DIVERSE HOUSING NEEDSAustinisafast-growingcity,havingexpandedtonearlyamillionresidentsinjustafewyears.Somepredicttheregion’spopulationcouldbe4millionpeopleby2050.2Suchrapidgrowthhasanseriousimpactuponaccessiblehousing,growinggentrification,transportation,andaffordablehomesinneighborhoodsthatarehealthyandsafe.Austiniscommittedtoensuringequitableaccesstoaffordablehousingandtheopportunitiesthatsafe,stablehomeprovides. WHAT IS AFFORDABLE HOUSING?Housingisdefinedasaffordableifsomeonepaysnomorethan30percentofmonthlyincomeforrent/mortgageandutilities,andnomorethan45percentofmonthlyincomeonhousingandtransportationcosts.3 WHO DOES NHCD SERVE?NHCDincreasesaffordablehousingsupply,promotesstablehomeownership,andfostersequitable,integrated,anddiversecommunities.EligibilityforassistanceislargelydeterminedbyMedianFamilyIncome(MFI),whichistheannualincomeinwhichhalfthepopulationmakesmore,andhalfthepopulationmakesless.42019 Austin Area Median Family Income (MFI)*•30% MFI: $19,900 for 1-person household; $28,400for a 4-person household•50% MFI: $33,150 for 1-person household; $47,300for a 4-person household•80% MFI: $52,850 for 1-person household; $75,500 for a 4-person household*Per HUD effective June 2019 for the Austin-Round Rock-San Marcos Metropolitan Statistical Area (MSA)) FULFILLING THE NHCD MISSIONOurmissionistocultivateadiverseandeconomicallyinclusiveCitybycreatingaffordablehousingopportunitiesandmitigatingcommunitymemberdisplacement.5 AUSTIN’S HOUSING –HISTORICAL CONTEXT6NeighborhoodHousingandCommunityDevelopmentwillbehonestinourcommunicationaboutthehistoryofpastdiscriminationthatledtounfairhousingpracticesandpoliciesasweworkdiligently,creativelyandintentionallytocultivateadiverseandeconomicallyinclusiveCitybycreatingaffordablehousingopportunitiesandmitigatingcommunitymemberdisplacement. Anti-Displacement Task ForcePeople’sPlan7600+ DISPLACEMENT MITIGATION STRATEGIES REVIEWED 8Displacement Mitigation Recommendations Narrowing ProcessDISPLACEMENT MITIGATION STRATEGIES REVIEW612 (Records Tagged)335 (Actionable Records)143(Records in NHCD’s control)103 (Records prioritized)15 (Short Term Recommended Strategies) 9Displacement Mitigation Recommendations Narrowing ProcessDISPLACEMENT MITIGATION STRATEGIES REVIEW LONG-TERM DISPLACEMENT MITIGATION STRATEGIES10 RESOURCES FOR RENTERSNHCD’sResourcesforRenterswebsiteofferseverythingfromhousingsearchestoadvicefordealingwithlandlordsTenant-BasedRentalAssistancesupportslow-incomefamiliesmovefromhomelessnesstoself-sufficiencybyprovidingrentalsubsidiesandcasemanagementsupportservices.Tenants’RightsAssistanceProgramprovidescounselingandtechnicalassistancetolow-incomerentersontenant-landlordissues,disputemediation,andfairhousingissuestoresolveorminimizediscriminatoryhousingpractices.11LocalRentalAssistanceprovidesrent,mortgageandutilityassistancetomeeturgentneedsofeligiblepersonstopreventhomelessnessandtosupportindependentliving.ArchitecturalBarrierRemovalProgram(Renters)repairsunitsthatposehealthandsafetyrisksorarenecessarytoincreaseself-sufficiencyandmobilityoflow-tomoderate-incomeresidents. RESOURCES FOR HOMEBUYERS12Theideaissimple.Low-andmiddle-incomehouseholdspurchasethehouse(theactualbuilding),butpayamodestmonthlyfeetoleasetheunderlyingland.Bytakingthecostofthelandoutofthetransaction(oftenthemostexpensivepartofhomeownership),homesaremoreaffordablethanthoseontheopenrealestatemarket.DownPaymentAssistanceProgramassistsfirst-timehomebuyerswitha0%interestloanupto$40,000fornecessarydownpayment,eligibleclosingcosts,andpre-paidexpenses.Theloanamountisdependentonfinancialneed.HomebuyerTrainingputsfirst-timehomebuyersontrackforhomeownershipandfinancialempowermentAffordableHomeSalesarepossiblethroughAustinHousingFinanceCorporationbyincentivizingbothprivateandnonprofitdevelopersthroughloans,feewaivers,densitybonuses,andstatelow-incomehousingtaxcredits.CommunityLandTrustskeephomesaffordableforlow-tomoderate-incomehouseholdsandkeepthepropertyinthehandsofthecommunity. RESOURCES FOR HOMEOWNERS13ArchitecturalBarrierRemovalProgram(Owners)repairsunitsthatposehealthandsafetyrisksorarenecessarytoincreaseself-sufficiencyandmobilityoflow-tomoderate-incomeresidents.Eligiblehomeownersandrenterscanreceivegrantsofupto$15,000inhomeaccessibilityimprovements.MinorHomeRepairProgramprovideseligiblehomeownerswithassistanceupto$5,000ayearforminorrepairsforalife-threateningconditionorahealthandsafetyhazard.HomeRehabilitationLoanProgramassistslow-to-moderateincomehomeownerswithloansforneededrepairstocomplywithcitycodeandmakethehomesafe,livable,andhealthy.Theprogramoffers0%interestloansrangingfrom$15,000to$75,000thatareforgivenaftera20-yearaffordabilityperiod.GORepairProgramprovidesprovideupto$20,000peryeartoeligiblehomeownerstoimproveaccessibilityandmakerepairstoaddresssubstandardhousingconditionsthatposehealthandsafetyrisks. HOMELESS and SPECIAL NEEDS14HomelessnessisakeypriorityfortheCityofAustin,withanestimateofapproximately2,000peopleexperiencinghomelessnessonthestreetorinshelters.NHCDpartnerswithAustinPublicHealthandseveralcommunityorganizationstofundandadministerprogramsforHomeless&SpecialNeedspopulations.PermanentSupportiveHousing(PSH)isthecity’sinvestmenttoaddresschronichomelessnessbycreatingaffordablehousingunitslinkedtosupportservicesthatenablechronicallyhomelesstoliveindependentlyandparticipateincommunitylifetoreducecostlyusesofpublicmedicalandsocialservices.TenantRelocationAssistanceProgramsupportsvulnerablelow-incomehouseholds,theelderly,andpersonswithdisabilitiesfacingdisplacement.•Requireslandlordstoprovideearlynoticetotenants•Refersclientstocommunityservices/legalassistance CREATING and PRESERVING AFFORDABLE UNITS15IncentiveProgramsencouragebothnon-profitandfor-profitdeveloperstocreateandpreserveaffordablerentalandownershiphousingforlow-andmoderate-incomehouseholdsandAustiniteswithdisabilities.AffordabilitymayalsobepromotedthroughDevelopmentAgreementswhichmayproduceaffordableunitsand/orfees-in-lieu.RentalHousingDevelopmentAssistanceProgramexpandsthesupplyofaffordablerentalhousingforlow-incomehouseholdsandincreasestheavailabilityofpermanentsupportivehousingforpersonsexperiencinghomelessnessorwithspecialneeds.AffordableHousingBonusProgramsallowdeveloperstobuildmoreunitsthanareallowedbyalocation’sbasezoningifthedeveloperagreestosetasideaportionofunitsforincome-restrictedaffordablehousing.Bonusesoffsetdevelopers’coststobuildaffordablehousingwithoutrequiringcitycurrentorfutureexpenditures.ExamplesincludetheDowntownDensityBonusProgram,UniversityNeighborhoodOverlay(UNO),andproposedcitywideAffordableHousingBonusProgram. 16Bond Financing through the Austin Housing Finance Corporation (AHFC) Private Activity Bonds to finance the development of affordable rental or ownership housing.•RentalHousingDevelopmentAssistanceProgramfinancerentaldevelopments,repaidthroughrentscollectedoncethepropertyisoperational.•Single-FamilyMortgageRevenueBondsmakelow-interestmortgagesanddownpaymentassistance,orofferingmortgagetaxcreditsforqualifiedbuyersofasmuchas$2,000peryear.Low-IncomeHousingTaxCreditProgramismanagedwiththeTexasDepartmentofHousingandCommunityAffairstoincentivizeinvestmentinlow-incomehousingbysellingtaxcreditstobanksandotherinvestors,whointurnusethosecreditstolowertheirowntaxbills.CREATING and PRESERVING AFFORDABLE UNITS DISPLACEMENT MITIGATION GOALS171.PreventDisplacementofLow-andModerate-IncomeHomeownersandRenters2.IncreaseNumberofIncomeRestrictedAffordableHousingUnits3.IncreaseOpportunitiesforHouseholdstoReduceUtilityCosts4.MinimizetheDisplacementofTransitRiders5.ImproveNHCD’sOperationstoAddressDisplacementMitigationDemands 1815 STRATEGIC PRIORITIES•Implement a Preference Policy to prioritize new city-subsidized affordable units for income-qualified households that are appropriately sized to the unit and/or have ties to the city.Update: Preference policy notification sent to City Council in October •Incorporate robust tenant protections for all rental properties receiving city support. Update: Tenant protections included in all new city-funded developments •Streamline the application process for affordable units. Update: Housing HUB affordable housing search tool ready to launch•Market NHCD-subsidized affordable units to people of color in gentrifying areas. Update: Outreach contracts to launch in early 2020•Engage directly with communities vulnerable to displacement and connect them with services. Update: Outreach contracts to launch in early 2020 1915 STRATEGIC PRIORITIES•Modify and expand home repair programs in gentrifying areas. Update: Begin discussions in early 2020•Support tenant organizing and engagement and provide legal and other assistance to tenants facing eviction or displacement. Update: Tenant Stabilization Contract (Tenant Rental Assistance, Eviction Prevention & Relocation Services) to be released December/January; up to $750,000•Provide tenant relocation assistance and emergency rental assistance. Update: Tenant Stabilization Contract (Tenant Rental Assistance, Eviction Prevention & Relocation Services) to be released December/January; up to $750,000•Proactively monitor affordable properties at risk of losing affordability to extend affordability periods. Update: Staff member hired to be able to assist with this•Increase fair housing enforcement and education. Update: Coordination with regional group beginning in early 2020 2015 …
CommercialNonconformitiesUnder CodeNEXTversion4JoleneKiolbassa1/7/2020presentation CN4 Creates ManyNonconformities(CommercialStructures,UsesandLots)•By stating new code will make someproperties nonconforming even if currentlyconforming.•With language that explains how andwhyproperties will becomenonconforming.•By eliminating uses now allowed in somezones.•By being very prescriptive with site development standards, such are setbacks, height, parking.etc.•By not retaining current “Safe Harbor”provision.2 All Legal Uses and Structures Not CN4Compliant are NonconformingYet buildings on “narrow interior lots”are exempted from setback requirements in MU, MS, RC,IF3 Self-Storage Facilities Only AllowedInCN4MU5B,IFandIGThese businesses will becomeprohibited(NOTgrandfathered)•CubeSmart Storage onBurnet•Life Storage onMenchaca•Public Storage on WestGate•Kingsize Storage on Hwy290•and many more4 Mortuaries OnlyAllowedIn CN4 MU4, MU5B,IF,IG and IHThese businesses will become prohibited(NOTgrandfathered)•Weed-Corley-FishFuneralHomeonN.Lamar•CookWaldenFuneralHomeorN.Lamar•HarrellFuneralHomeonFrontierTrail•MissionFuneralHomeonE.CesarChavez•MissionFuneralHomeSerenityChapelonS.1st5 Auto-Related Uses in CN4 Only Allowed in MU5B& Industrial (IF, IG &IH)These businesses will become prohibited(NOTgrandfathered)•Lamb’sTireandAutomotive•APR Engines andAutomotive•GroovyAuto•R&DAutoSales•Ruben’sAutomotive•And many gasstations•Atlas Automotive andRepair•Youniversal Autoare•RiveraWeldingAutoMechanic•RoliTruckandAutoSales•Auto 7Tech•FlamingoAutomotive6 RezonedfromCStoMS3RezonedfromCStoMU5AA Tale of Two TireShopsBoth are now zoned CS and legal, but with CN4 rezoning, one will beprohibited7 CN4 Makes Stand-Alone Car WashNot Possible•“Automotive washing” nowpermitted•CN4 eliminates such permitteduse•Included only aspart of “gasstation”8 Strange CN4Bedfellows:“Repairs and DespairsDownstairs”•Mixed use typically allows officesand residential over retail andrestaurants.•CN4 MUalso allows auto repair shops andfuneralhomesongroundfloor.9 OtherProblematicCN4Uses•Useschanged•“MedicalOffices”and“HospitalServicesLimited”disappearandbecome part of Medical Services” thatallows outpatient surgicalservices•“Drive-through,retail,orservicefacility”•Currentlyanaccessoryuse•“…notlimitedtobanks,pharmacies,postoffices,liquorstores…”•Proposedtobeastand-aloneuseallowed onlyinMU,UCandRD•Notlistedasanaccessoryusein23-3D-1050•Terminologychanged•“Convenience storage” to“Personalstorage”•“Art workshop” to “Artstudio”Willmakeitdifficulttofigureoutnewuseandifgrandfathered10 1.LookuppropertyonLDCwebsite “Comparison Map” orzoning2.Look up alloweduses•City of Austinwebsite notuseful•Use Zilker NAwebsite zilkerneighborhood.org/docs/ldc/LDCR 1/LDCR1_alowed_uses_citywide.pdf3.If definition is new, look upin 23-3C-2030Steps toDetermine if CN4 AllowsUse:11 All New CN4 Commercial Site DevelopmentStandards•Lotsize•Structureplacement•Buildingsize,heightandsetbacks•Frontage and wallarticulation•Uses•Parkingrequirement•Parkingplacement12 ©2019JoleneKiolbassaCSMU1MU2MU3MU4MU5MS2MS3Max. ImperviousCover95%70%70%70%80%90%90%95%MaximumFAR2:11:11:1.8:11:12:1--MaximumHeight6035404060604565Min. 1stFloorHeight------1818SetbacksMinimum FrontYard101510105555Min. StreetSideYard101510105555Min. InteriorSideYard-5555---Minimum RearYard-101055-5-Maximum FrontYard------1010Max.StreetSideYard----1010Comparative Site DevelopmentStandardsAffordable housing bonus not included13 CN4 WillMake Many Existing StructuresNonconforming•Allcommercialusesonfrontpropertyline•Allpropertieswith100%imperviouscover•MainStreet(MS) buildings need tobe:•between5’and10’fromfrontpropertyline•between5’and10’fromsidepropertyline•Buildingsinotherzonesalsoaffected•Setbackgrandfatheringprobably will notapply14 Severe Impact of Setback Nonconformity15 These Buildings Do NOT Meet New CN4 MS PlacementRules*willrequiresurveytodeterminedistancesandpropertylines16 One Street’s Story: MS2B and MS3 on E. Cesar Chavez17 Violations of Minimum and Maximum SetbacksViolation of Maximum 10’ Front Setback 2017 E. Cesar Chavez18 Even Though CN4 Reduces Parking New Rules Will Create Nonconformities•ParkingmaximumsinMUandMSzones•No off-street parking between buildingfacade andcorridorfornewconstruction,or•Enclosedadditionof25%+grossfloorarea•Usechangeincreasesrequiredspaces19 •Look up mapped zoningdesignation•GotoChapter 23-3forspecifications•Measure property fromROW,etc.•MeasureheightoffirstfloorifMS•Countparkingspaces,iflargebuildingTo Figure Out if Commercial Property isNonconforming:20 CN4 StatesNonconforming PropertiesCeasetoExist•By limiting investment and restrictingexpansion•If discontinued for more than 90days•Have 18 months torebuild•Insurance settlements can takelonger•Enough time to mitigateasbestos?•Repairs must cost less than 50% totalvalue•Director can deny application to alter orrepair21 •“or otherwise affect adjoining propertiesor neighborhoods”•“those nonconformities that are consideredto be especially incompatible with the ComprehensivePlanorapplicableregulations”•“aredeclaredtobeincompatiblewithallowed usesin thezone”Discretion Given Staffto DeclareNonconformities22 “SafeHarbor”Provision in Current Code•Grandfathersstructuresanduses•Ifconformingundercurrentrules,conformity continues regardless of newrules•Recognizesprevious buildings constructed underrequirementsforsetbacks,cover,etc.•Makesconfusing/contradictorylanguageabout nonconforming propertieslessworrisome23 •1984 grandfather provision wasa badidea.•Provision difficult to interpret and apply.•City will not include “SafeHarbor”again.•CN4doesnotcreatemanynonconformitiesStaff Reasoning for Removing “Safe Harbor” Provision24 Many More PropertiesWill BecomeNonconforming•Noideahowmanytotal•Auto-related, mortuary …
SUBDIVISION REVIEW SHEET CASE NO.: C8-2019-0032 ZAP DATE: Jan. 7, 2020 SUBDIVISION NAME: Three Hills Apartments Preliminary Plan AREA: 58.39 ac. LOT(S): 6 OWNER: South IH 35 Investors, LP (C.W. Hetherley) AGENT/APPLICANT: Gemsong N. Ryan, P.E. (Jones Carter, Inc.) ADDRESS OF SUBDIVISION: 12001 S IH 35 COUNTY: Travis WATERSHED: Onion Creek EXISTING ZONING: MF-4 PROPOSED LAND USE: Multifamily, ROW and Parkland DEPARTMENT COMMENTS: The request is for the approval of Three Hills Apartments Preliminary Plan which will develop a 58.39 ac. previously un-platted tract into 3 lots for multifamily use (48.82 ac.), 1 lot for ROW (4.89 ac.) and 2 lots for parkland (4.68 ac.) in order to create a three lot subdivision (Lots 1, 2 & 3, Block A, Three Hills Apartments Subdivision) with all associated improvements. STAFF RECOMMENDATION: Staff recommends approval of this preliminary plan as it meets all applicable State and City of Austin LDC requirements. ZONING AND PLATTING COMMISSION ACTION: CASE MANAGER: Joey de la Garza PHONE: 512-974-2664 EMAIL: joey.delagarza@austintexas.gov B-051 of 1
ZONING AND PLATTING COMMISSION RECOMMENDATION 2020107-D1a: Commercial Nonconformities Under CodeNEXTversion4 Date: January 7, 2020 Subject: Commercial Nonconformities Under CodeNEXTversion4 Motioned By: Commissioner Denkler Seconded By: Commissioner King Motion to forward information regarding Commercial Nonconformities Under CodeNEXTversion4 for Council’s review, attached. For: Chair Kiolbassa, Vice-Chair Duncan and Commissioners Aguirre, Bray,Denkler, Evans, King, Ray and Smith Absent: Commissioners Barrera – Ramirez and Tatkow, off the dais. Vote: 9-0 Against: Abstain: Attest: Andrew Rivera - Liaison Commercial Nonconformities Under CodeNEXTversion4 JoleneKiolbassa 1/7/2020 presentation CN4 Creates Many Nonconformities (Commercial Structures, Usesand Lots) • By stating new code will make someproperties nonconforming even if currentlyconforming. • With language that explains how andwhy properties will becomenonconforming. • By eliminating uses now allowed in somezones. • By being very prescriptive with site development standards, such are setbacks, height, parking. etc. • By not retaining current “Safe Harbor”provision. 2 All Legal Uses and Structures Not CN4 Compliant are Nonconforming Yet buildings on “narrow interior lots”are exempted from setback requirements in MU, MS, RC,IF 3 Self-Storage Facilities Only Allowed In CN4 MU5B, IFandIG These businesses will become prohibited (NOT grandfathered) • CubeSmart Storage on Burnet • Life Storage on Menchaca • Public Storage on West Gate • Kingsize Storage on Hwy 290 • and many more 4 Mortuaries Only Allowed In CN4 MU4, MU5B,IF,IG and IH These businesses will become prohibited (NOT grandfathered) • Weed-Corley-FishFuneralHomeon N.Lamar • CookWaldenFuneralHomeor N.Lamar • Harrell FuneralHomeon FrontierTrail • Mission FuneralHomeon E. CesarChavez • Mission FuneralHomeSerenity Chapelon S. 1st 5 Auto-Related Uses in CN4 Only Allowed in MU5B & Industrial (IF, IG &IH) These businesses will become prohibited (NOT grandfathered) • Atlas Automotive andRepair • Youniversal Autoare • RiveraWeldingAuto Mechanic • RoliTruckandAuto Sales • Auto 7Tech • FlamingoAutomotive • Lamb’sTire andAutomotive • APR Engines andAutomotive • GroovyAuto • R&DAuto Sales • Ruben’sAutomotive • And many gasstations 6 A Tale of Two TireShops Both are now zoned CS and legal, but with CN4 rezoning, one will be prohibited RezonedfromCS to MU5A RezonedfromCS toMS3 7 CN4 Makes Stand-Alone Car Wash Not Possible • “Automotive washing” now permitted • CN4 eliminates such permitted use • Included only as part of “gas station” 8 Strange CN4Bedfellows: “Repairs and Despairs Downstairs” • Mixed use typically allows officesand residential over retail andrestaurants. • CN4 MUalso allows auto repair shops and funeral homes on ground floor. 9 OtherProblematicCN4Uses • Useschanged • “Medical Offices” and “Hospital ServicesLimited” disappearand become part of Medical …
Regular Called Meeting ZONING & PLATTING COMMISSION Tuesday, January 7, 2020 The Zoning & Platting Commission convened in a meeting on Tuesday, January 7, 2020 @ 301 W. 2nd St., Austin, TX 78704 Chair Kiolbassa called the Commission Meeting to order at 6:01 p.m. Commission Members in Attendance: Ana Aguirre – Secretary Nadia Barrera-Ramirez Timothy Bray Ann Denkler – Parliamentarian Jim Duncan – Vice-Chair Bruce Evans David King Jolene Kiolbassa – Chair Ellen Ray Hank Smith Abigail Tatkow EXECUTIVE SESSION (No public discussion) The Zoning & Platting Commission will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters specifically listed on this agenda. The Commission may not conduct a closed meeting without the approval of the city attorney. Private Consultation with Attorney – Section 551.071 CITIZEN COMMUNICATION The first four (4) speakers signed up prior to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. Facilitator: Heather Chaffin, 512-974-2122 Attorney: Commission Liaison: Andrew Rivera, 512-974-6508 A. APPROVAL OF MINUTES 1. Approval of minutes from December 17, 2019. Motion to approve the minutes from December 17, 2019 as amended was approved on the consent agenda on the motion by Commissioner Smith, seconded by Commissioner Evans on a vote of 10-0. Commissioner Aguirre off the dais. B. PUBLIC HEARINGS 1. Rezoning: Location: C14-2019-0158 - Alonti Catering; District 5 3421 West William Cannon Drive, Suite 115, Williamson Creek Watershed-Barton Springs Zone Cannon Oaks, LLC (Timothy Timmerman) Lenworth Consulting, LLC (Nash Gonzales) GR to CS-CO Recommended Wendy Rhoades, 512-974-7719, wendy.rhoades@austintexas.gov Planning and Zoning Department Owner/Applicant: Agent: Request: Staff Rec.: Staff: Public Hearing closed. Motion to grant Staff’s recommendation of CS-CO combining district zoning for C14-2019-0158 - Alonti Catering located at 3421 West William Cannon Drive, Suite 115 was approved on the consent agenda on the motion by Commissioner Smith, seconded by Commissioner Evans on a vote of 10-0. Commissioner Aguirre off the dais. 2. Rezoning: Location: Owner/Applicant: Agent: Request: C814-88-0001.12 - Davenport West PUD Amendment 12; District 10 4417 Westlake Drive, St. Stephens Creek Watershed Michael and Susan Dell Foundation (Anand Srinivasan) Metcalfe, Wolff, Stuart & Williams (Michele Rogerson Lynch) PUD to PUD, to change a condition of zoning and allow additional office building Recommended Mark Graham, 512-974-3574, mark.graham@austintexas.gov Planning and Zoning …
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