B-02 (C14-2020-0042 - 7135 E Ben White Blvd; District 2) — original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 2 CASE: C14-2020-0042 – 7135 E. Ben White Blvd ZONING FROM: LI-NP ADDRESS: 7135 East Ben White Boulevard Service Road Eastbound SITE AREA: 18.068 acres PROPERTY OWNER: Jill Dorough Houghton, TO: MF-4-NP Trustee AGENT: Smith Robertson LLP (David Hartman) CASE MANAGER: Wendy Rhoades (512-974-7719, wendy.rhoades@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to deny the Applicant’s request for multi-family residence- moderate-high density-neighborhood plan (MF-4-NP) combining district zoning. For a summary of the basis of Staff’s recommendation, see pages 2 - 3. PLANNING COMMISSION ACTION / RECOMMENDATION: August 11, 2020: July 28, 2020: APPROVED A POSTPONEMENT REQUEST BY THE APPLICANT TO AUGUST 11, 2020 [F. KAZI; J. THOMPSON – 2ND] (12-0) C. HEMPEL – ABSENT CITY COUNCIL ACTION: August 27, 2020: ORDINANCE NUMBER: ISSUES: The Applicant would like to discuss the Staff recommendation. PAZ Staff hosted a virtual meeting with the Applicant and the Southeast Combined Neighborhood Plan Contact Team on Wednesday, June 24th. The Contact Team has provided a letter of support for the proposed rezoning and related NPA cases. Please refer to the attached correspondence. CASE MANAGER COMMENTS: The subject unplatted tract contains one vacant residence and is located on the East Ben White Boulevard frontage road. It has had limited industrial services – neighborhood plan B-021 of 15(LI-NP) district zoning since Council approval of the Southeast Combined Neighborhood Plan Rezonings in October 2002 (C14-02-0128.03 – Tract 67). Carson Creek extends through the south portion of the property. There is a commercial / industrial park to the east (LI-NP), a data center within the Met Center development and fronts on Metro Center Drive to the south (LI-NP), and a hotel and an office building to the west on Caseybridge Court and manufactured home sales further west (CS-MU-CO-NP; LI-CO-NP). Please refer to Exhibits A (Zoning Map) and A-1 (Aerial View). The Applicant proposes to rezone the property to the multifamily residence – moderate-high density – neighborhood plan (MF-4-NP) and construct up to 375 apartment units in a garden style development and a mix of 2, 3 and 4-story buildings. Under the MF-4-NP district, the maximum height is 60 feet. The Applicant also intends to dedicate 16.6 acres of parkland to the City along Carson Creek. Please refer to the attached correspondence. BASIS FOR RECOMMENDATION 1. The proposed zoning should be consistent with the purpose statement of the district sought. Applicant’s request: The multi-family residence – moderate-high density (MF-4) district is intended for residential and multi-family use with a maximum density of up to 54 units per acre, depending on unit size and mix. This district is appropriate for multi-family residential areas located near supporting transportation and commercial facilities, generally in more centrally located areas. The neighborhood plan (NP) district denotes a tract located within the boundaries of an adopted Neighborhood Plan. Staff recommendation: The limited industrial services district (LI) district is for a commercial service use or limited manufacturing use generally located on a medium or large sized site. The neighborhood plan (NP) district denotes a tract located within the boundaries of an adopted Neighborhood Plan. 2. After careful consideration and deliberation, Staff is unable to recommend the Applicant’s rezoning request and recommends maintaining LI-NP zoning, for the following reasons: The proposed zoning should promote consistency and orderly planning. - Rezoning would continue the trend of reducing the amount of industrial acreage in the City - Adding residential uses to the area could result in the loss of more industrial uses - The property is located in an Imagine Austin Jobs Center and industrial areas generally do not support residential uses - Vehicular access is limited to East Ben White Boulevard, a highway - Public transportation options in proximity to the property are lacking - The Southeast Neighborhood Plan supports maintaining the industrial uses, and encouraging new industrial and commercial uses B-022 of 15- Although an adjacent Airport Gateway subdivision to the west allows for a Mixed Use component (CS-MU-CO-NP), all platted lots have access to a local street and the existing and planned uses are office and commercial EXISTING ZONING AND LAND USES: Site North Not Applicable LI-NP ZONING South East West LI-NP; RR-NP LI-NP; RR-NP CS-MU-CO-NP LAND USES Single family residence (vacant); Undeveloped East Ben White Boulevard Service Road and main lanes Undeveloped; Data center; Warehouse Two office / warehouse buildings; Office Hotel; Office; Undeveloped SCENIC ROADWAY: Yes NEIGHBORHOOD PLAN AREA: Southeast Combined (Southeast) TIA: Is not required WATERSHED: Carson Creek – Suburban CAPITOL VIEW CORRIDOR: No SCHOOLS: The subject property is located within the Del Valle Independent School District. NEIGHBORHOOD ORGANIZATIONS: 299 – The Crossing Gardenhome Owners Association 511 – Austin Neighborhoods Council 742 – Austin Independent School District 774 – Del Valle Independent School District 1145 – Carson Ridge Neighborhood Association 1228 – Sierra Club, Austin Regional Group 1227 – Montopolis Neighborhood Plan Contact Team 1258 – Del Valle Community Coalition 1316 – Southeast Combined Neighborhood Plan Contact Team 1321 – Montopolis Tributary Trail Association 1363 – SEL Texas 1424 – Preservation Austin 1474 – East Riverside Corridor Staff Liaison 1530 – Friends of Austin Neighborhoods 1616 – Neighborhood Empowerment Foundation 1774 – Austin Lost and Found Pets AREA CASE HISTORIES: 1357 – Montopolis Community Alliance 1408 – Go Austin Vamos Austin 78744 1441 – Dove Spring Proud 1528 – Bike Austin 1550 – Homeless Neighborhood Association 1255 – Pleasant Valley 627 – Onion Creek Homeowners Association NUMBER REQUEST COMMISSION CITY COUNCIL C14-2019-0092 – Ben White and Montopolis - 6017, CS-NP to CS-MU- NP To Grant, as requested Apvd (10-3-2019). B-023 of 156029-½, 6109, 6125 E Ben White Blvd Svc Rd EB; 6108, 6108-½, 6204 Daffodil Dr; and 3216-½ Montopolis Dr C14-2018-0108 and C14-2018-0109 – Airport Gateway, Lots 1, 5, 6 and 9 – 3111 and 3112 Caseybridge Court C14-03-0035 – Southeast Combined Creek Setback – South of E Ben White Blvd and East of Montopolis Dr 183 on 129.15 acres – City-Initiated CS-MU-CO-NP; LI- CO-NP, to remove the 2,000 daily vehicle trip limit and replace w/the conds of a Traffic Impact Analysis for 12 fueling positions, a 120 room hotel, 7,000 sf retail sales, 3,000 sf restaurant, 125,000 sf office, and 293,410 sf warehousing P-NP; CS-MU-NP and CS-MU-CO-NP, to establish a setback that prohibits development for 50’ in both directions from the centerline of an open waterway, with certain exceptions To Grant, as requested Apvd (5-9-2019). To Grant, as requested Apvd (6-12-2003). RELATED CASES: This property was annexed into the Full-Purpose Jurisdiction on December 31, 1985 (C7a-85-023). The subject property is located within the boundaries of the Southeast Combined (Southeast) Neighborhood Planning Area and the –NP combining district was rezoned from DR to LI-NP at that time (C14-02-0128.01 – Ordinance No. 021010-12c). There is a corresponding neighborhood plan amendment case to change the land use designation on the Future Land Use Map (FLUM) from Industry to Multifamily (NPA-2020-0014.01). A Land Status Determination was completed on August 9, 2013 and excepts this property from the requirement to plat (C8I-2013-0290). Please refer to Exhibit B. B-024 of 15There are no subdivision or site plan applications on the property. EXISTING STREET CHARACTERISTICS: Name Classification Sidewalks Pavement ROW Bicycle Route Capital Metro (within ¼ mile) Shared Lane None SH 71 East 360 feet Level 5 Yes 235 feet (Divided) OTHER STAFF COMMENTS: 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. Impervious Cover Within the Carson Creek watershed, the maximum impervious cover allowed by the MF-4 zoning district is 70%, which is a consistent figure between the zoning and watershed regulations. The maximum amount of impervious cover allowed by the LI zoning district is is 80%, which is based on the more restrictive watershed regulations. Environmental The site is not located over the Edwards Aquifer Recharge Zone. The site is in the Carson 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 Single-Family (minimum lot size 5750 sq. ft.) Other Single-Family or Duplex 55% Multifamily 60% Commercial 80% % of Gross Site Area % of Gross Site Area with Transfers 50% 60% 70% 90% 60% B-025 of 15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. At this time, no information has been provided as to whether this property has any preexisting approvals that preempt current water quality or Code requirements. Site Plan Site plans will be required for any new development other than single-family or duplex residential. Any development which occurs in an SF-6 or less restrictive zoning district which is located 540 feet or less from property in an SF-5 or more restrictive zoning district will be subject to compatibility development regulations. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. Compatibility Standards The site is subject to compatibility standards. Along the southeastern corner, there is a property zoned RR-NP and the following standards apply to the property line abutting this site: • No structure may be built within 25 feet of the property line. • No structure in excess of two stories or 30 feet in height may be constructed within 50 feet of property zoned SF-5 or more restrictive. • No structure in excess of three stories or 40 feet in height may be constructed within 100 feet of the property line. • No parking or driveways are allowed within 25 feet of the property line. • 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. • For a structure more than 100 feet but not more than 300 feet from property zoned SF-5 or more restrictive, height limitation is 40 feet plus one foot for each 10 feet of distance in excess of 100 feet from the property line. B-026 of 15• For a structure more than 300 feet but not more than 540 feet from property zoned SF-5 or more restrictive, 60 feet plus one foot for each four feet of distance in excess of 300 feet from the property zoned SF-5 or more restrictive. • An intensive recreational use, including a swimming pool, tennis court, ball court, or playground, may not be constructed 50 feet or less from adjoining SF-3 property. • A landscape area at least 25 feet in width is required along the property line if the tract is zoned LR, GO, GR, L, CS, CS-1, or CH. Airport Overlay FYI – This site is located within the Austin-Bergstrom Airport Controlled Compatible Land Use Area Overlay. No use will be allowed that can create electrical interference with navigational signals or radio communications between airport and aircraft, make it difficult for pilots to distinguish between the airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise in any way endanger or interfere with the landing, taking off, or maneuvering of aircraft intending to use the Austin-Bergstrom Airport. Height limitations and incompatible uses with each Airport Overlay zone are established in the Airport Overlay Ordinance. For the site plan, Airport Hazard Zoning Committee review may be required prior to Planning Commission hearing. Additional comments may be generated during the site plan review process. Scenic Roadways This site is within the Scenic Roadway Sign District. All signs must comply with Scenic Roadway Sign District regulations. Demolition and Historic Resources The Applicant is responsible for requesting relocation and demolition permits once the site plan is approved. The City Historic Preservation Officer will review all proposed building demolitions and relocations prior to site plan approval. If a building meets city historic criteria, the Historic Landmark Commission may initiate a historic zoning case on the property. Transportation A Traffic Impact Analysis shall be required at the time of site plan if triggered per LDC 25- 6-113. Water / Wastewater 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. B-027 of 15Based on current public infrastructure configurations, 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 AND CORRESPONDENCE TO FOLLOW Exhibit A: Zoning Map Exhibit A-1: Aerial Map Exhibit B: Land Status Determination Applicant’s Transmittal Letter Correspondence from the Southeast Combined Neighborhood Plan Contact Team B-028 of 15C A R S O SF-3-NP N RID G E ELL LN W X A M SF-3-NP C14-2011-0158 C14-2012-0113 K A N E S T D E M E T RIU S W A Y UNDEV SF-6-CO-NP SF-3-NP Y ELL O W JA C K ET LN ( SF-3-NP ( 01-0060 NPA-2011-0005.03 C14-2012-0112 NPA-2012-0005.04 ERC STORAGE\BLDGS NPA-2015-0005.02 C14-2015-0073 TITA NIA S T 99-0086 78-144 ( SF-3-NP S P-02-0396C.S H ( 87-121 UNDEV C14-79-074(RCT) NPA-2011-0005.02 C14-2011-0169 CS-MU-NP CP79-77 01-0060 GR-MU-CO-NP LI-NP 79-289 H E R M I A S T C A R S O N R I D G E RZ87-34 R82-10 79-74R.C. CONV STORE/\GAS SP-99-0204C MOBILE HOME SALES W B B E N W H I T E B L V D T O M O N T O P O L I S R A M P ! ! ! ! ! ! ! ! ! ! ! ! ! C14-79-285(RCT) E B E N W H I T E B L V D S V R D E B C14-2018-0108 ! ! ! ! ! 99-0114 ! ! C14-2018-0109 ! MOBILE HOME PARK E B E N W H I T E B L V D S V R D W B E B E N W H I T E B L V D W B E B E N W H I T E B L V D E B HOTEL SP-99-0045C H O T E L CS-1-NP C14-04-0176 04-0176 OFFC. PARK SP97-0332C ! ! ! ! ! ! ! ! ! SP97-0332C 94-0157 ! ! ! ! ! ! ! ! RR-NP ! ! ! ! ! ! LI-CO-NP C14-95-0099 LI-NP RR-NP 98-0151 C A S E Y B RID G E C T ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! C14-03-0035 CS-MU-CO-NP ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! SP-00-2028C LI-NP N A L L A M L U K O B E R O N S T MOBILE HOME SALES ! ! ! ! ! ! ! ! ! ! ! METRO CENTER DR SP-00-2148C ( 94-157 OFFICE-WAREHOUSE OFFICE-WAREHOUSE SP-00-2271C M E T L I N K D R 9 0 - 6 2 SF-2-NP H O E K E L N P A L O M I N O T R L MH ( SF-2-NP MH U N I O N P A C I F I C R R LI-PDA-NP C14-03-0116.03 C14-03-0116 SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ZONING Exhibit A ZONING CASE#: C14-2020-0042 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 CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Created: 3/19/2020 C14-02-0128 LI-CO-NP MOBILE HOME SALES 03-0035 C14-00-2041 ± B-029 of 15SF-6-CO-NP 1 SF-3-NP 5 2 CARS NRID O G E WELL LN X A M 14 K A N 12 1 E S T D E 2 3 2 1 2 M O N T A S T G U E TITA T NIA S O B E R O N S T L18 M E T W A Y RIU S H E R M I A S T CS-MU-NP 1 LI-NP ONE GR-MU-CO-NP SF-3-NP ERC 1 E B E N W H I T E B L V D S V R D W B E B E N W H I T E B L V D W B E B E N W H I T E B L V D S V R D E B E B E N W H I T E B L V D E B 4 3 W B B E N W H I T E B L V D T O M O N T O P O L I S R A M P E B E N W H I T E B L V D W B E N W H I T V R D T O B B B A T R S I D E R A M P E B E N W H I T E B L V D S V R D E B E V D 9 1 6 S E L 5 2 LI-CO-NP C A S E Y B RID G E C T 8 3 3 CS-MU-CO-NP 1 C14-2020-0042 7 L17 LI-NP CS-1-NP 2A 2B 2D 1 3-B LI-CO-NP LI-NP RR-NP 5-G RR-NP 4 R D R E T N E C O R T E M 5F M E T L I N K D R 5-H 4 5 12 6 7 H O E K E L N 8 9 10 SF-2-NP 11 2-A Copyright nearmap 2015 LI-PDA-NP LI-CO-NP ± 1'' = 400' 7135 E. BEN WHITE BLVD. Exhibit A - 1 SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2020-0042 7135 E. Ben White Blvd. 18.068 Acres L17 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. B-0210 of 15Exhibit B B-0211 of 15B-0212 of 15B-0213 of 15B-0214 of 15B-0215 of 15