B-04 (C14-2020-0128 - NBG Austin Energy Substation Rezoning; District 7).pdf — original pdf

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ZONING CHANGE REVIEW SHEET TO: P DISTRICT: 7 CASE: C14-2020-0128 (NBG Austin Energy Substation Rezoning) ZONING FROM: NBG-TOD-NP ADDRESS: 2412 Kramer Lane SITE AREA: 33.56 (1,461873.6 sq. ft.) PROPERTY OWNER: City of Austin Fleet Services AGENT: City of Austin - Housing and Planning Department (Sherri Sirwaitis) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMENDATION: Staff recommends P, Public District, zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: January 26, 2021 CITY COUNCIL ACTION: February 4, 2021 ORDINANCE NUMBER: 1 of 14B-4C14-2020-0128 2 ISSUES: This is a City initiated case on October 29, 2020 per Council Resolution No. 20201029- SPEC001. Please see Exhibit C. CASE MANAGER COMMENTS: The property in question is a 33+ acre tract of land that fronts onto Kramer Lane and is located within the North Burnet/Gateway Combined Neighborhood Planning Area. The site is currently zoned NBG-TOD-NP, North Burnet/Gateway-Transit Oriented Development- Neighborhood Plan Combining District. The Austin City Council passed a resolution on October 29, 2020 to initiate an amendment to the North Burnet/Gateway Regulating Plan to remove the property and to rezone it to the P, Public District, to permit the development of an electric substation at this location. The site under consideration is currently developed with outdoor storage and warehouses that are used as a maintenance and service facility for City of Austin Fleet Services. The property to the north is developed with an office complex (Charles Schwab) with outdoor recreation (tennis courts, baseball field and soccer field). To the south and east there are office/warehouse uses. The rail line runs along the western border of the property and the existing Kramer Metro Rail Station is located at the southeast corner of Kramer Lane and Brockton Drive. Across the rail line to the west there is a hotel/motel use (Home 2 Suites by Hilton) fronting Burnet Road and an indoor sports and recreation/restaurant use (Top Golf) as well as office and warehouse uses. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. Public district land owned or leased by federal, state, county, or city government. 2. Zoning should allow for reasonable use of the property. The proposed P zoning will permit the city to develop an electric substation on a portion of the property. This tract of land is located in in an area that is experiencing a change in development patterns with the growth of the Domain and the construction of the Austin FC soccer stadium to the northwest. A new electric substation is needed to provide additional service to accommodate the change in demand in this area of city. 3. The proposed zoning should be consistent with the goals and objectives of the City The subject property is within the boundaries of a Regional Center (North Burnet/Gateway Station) as defined in the Imagine Austin Growth Concept Map. These centers are and will be the retail, cultural, recreational, and entertainment destinations for Central Texas. These are the places where the greatest density of people and jobs and the Council. 2 of 14B-4C14-2020-0128 3 tallest buildings in the region will be located. The densities, buildings heights, and overall character of a center will vary depending on location. EXISTING ZONING AND LAND USES: Site ZONING NBG-TOD North NBG-CMU South NBG-TOD East NBG-TOD NBG-CMU, West NBG-TOD LAND USES Maintenance and Service Facility - Outdoor Storage, Warehouses Rail line, Office Complex (Charles Schwab) with Outdoor Recreation (Tennis Courts, Baseball Field, Soccer Field) Office/Warehouse Office/Warehouse Hotel (Home 2 Suites by Hilton), Indoor Sports and Recreation (Top Golf), Office/Warehouse NEIGHBORHOOD PLANNING AREA: North Burnet/Gateway Neighborhood Plan Area TIA: Not Required WATERSHED: Walnut Creek SCHOOLS: Austin I.S.D. Pillow Elementary School Burnet Middle School Anderson High School NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation North Growth Corridor Alliance North Burnet/Gateway Neighborhood Plan Staff Liaison Redline Parkway Initiative SELTEXAS Shoal Creek Conservancy Sierra Club, Austin Regional Group 3 of 14B-4C14-2020-0128 4 AREA CASE HISTORIES: NUMBER REQUEST LI-NP, NBG-NP to LI-PDA-NP C14-2019-0055 (Austin FC: 10414 McKalla Place and 10617 ½ Burnet Road) 5/14/19: To approve the staff’s recommendation of LI-PDA zoning, with added condition to approve TIA with the site plan process, if practical (Vote: 11-2, K. McGraw and P. Seeger-No); G. Anderson-1st, C. Kenny- 2nd. COMMISSION CITY COUNCIL C14-2016-0136 (Broadmoor: 11501 Burnet Road) NBG-CMU-NP to NBG-TOD-NP 3/27/18: Approved staff’s recommendation of NBG-TOD- NP zoning, with conditions, by consent (12-0, P. Seeger-absent); G. Anderson-1st, J. Thompson- 2nd. 6/06/19: The public hearing was held and motion to close the public hearing and approve Ordinance 20190606-097 for limited industrial services- planned development area- neighborhood plan (LI-PDA- NP) combining district zoning was approved on Council Member Pool’s motion, Council Member Flannigan’s second on a 10-0 vote. Council Member Harper-Madison was absent. 4/12/18: Approved NBG-TOD- NP zoning, with conditions, on 1st reading only (6-0, G. Casar- off dais, D. Garza, E. Troxclair, K. Tovo and S. Adler-absent); L. Pool-1st, P. Renteria-2nd 6/28/18: Ordinance No. 20180628-088 for north burnet/gateway-transit oriented development-gateway zone- neighborhood plan (NBG-TOD- NP) combining district zoning, with conditions was approved on Council Member Troxclair’s motion, Council Member Garza’s second on an 11-0 vote. 8/28/14 : Approved NBG-CO- NP zoning, with conditions, on consent on all 3 readings (7-0); B. Spelman-1st, L. Morrison- 2nd. 11/10/11: Approved NBG- CMU-NP zoning with conditions on consent on 1st reading only (7-0); Spelman- 1st, M. Martinez-2nd. 12/08/11: Approved NBG- CMU-NP zoning, with conditions, on consent on NBG-TOD-NP to NBG-CMU-NP NBG-TOD to NBG-CMU C14-2014-0058 (Esperanza Crossing: 2800 Esperanza Crossing) C14-2011-0050 (Burnet-Kramer Rezoning: 11205 & 11301 Burnet Road) 8/12/14: Approved staff’s recommendation of NBG-CMU- CO-NP zoning, with conditions, on consent (8-0, B. Roark- absent); S. Oliver-1st, N. Zaragoza-2nd. 10/11/11: Approved the staff’s recommendation of NBG-CMU- NP zoning for Tract 2, with the TIA conditions, by consent (9-0); M. Dealey-1st, D. Chimenti-2nd. 4 of 14B-4C14-2020-0128 5 C14-2010-0087 (The Domain Rezoning-Simon) MI-PDA to MI-PDA 8/24/10: Approved staff’s recommendation of MI-PDA zoning (8-1, Chimenti-No), with the following additional conditions: 1) Require the applicant to provide bicycle access for a portion Bicycle Route Segment #905.04 (Please see Public Works Department Memorandum – “Attachment B”) to allow for continuity for bicycle traffic to and through the Domain development. 2) Require a public restrictive covenant that will limit one acre of land on the Endeavor- Domain site to zero percent impervious cover to be signed and recorded before the 3rd reading of this zoning case at City Council. 2nd/3rd readings (6-0); C. Riley-1st, S. Cole-2nd. 8/26/10: The public hearing will remain open and the first reading of the case was approved for MI-PDA zoning (7-0); Morrison-1st, Spelman- 2nd, with the following additional conditions: 1) The applicant is to provide bicycle access for a portion of Bicycle Route Segment #905.04 to allow for continuity for bicycle traffic to and through the Domain development. 2) A public restrictive covenant that will limit one acre of land on the Endeavor- Domain site to zero percent impervious cover will be signed and recorded before the third reading of this zoning case. 10/14/10: Approved MI-PDA zoning on2nd/3rd readings (7- 0); Spelman-1st, Leffingwell- 2nd, with the following amendments: 1) Part 3, C, 1 of the ordinance should read: “A pedestrian/bicycle entrance shall be provided between the existing pedestrian/bicycle trail under Mopac Expressway and the Simon Project internal drive as shown on the attached Exhibit B. A minimum 12-foot wide paved path shall be constructed with an associated curb cut connecting to the internal drive prior to issuance of a certificate of occupancy for a building on Lot 5A, Block A, the Domain Shopping Center Section 3 Subdivision.”; 2) Add a new paragraph to Part 3, Section D to read: “The two trees on the property numbered 5068 and 5081 as shown on Exhibit D may not be removed, unless the City Arborist 5 of 14B-4C14-2020-0128 6 approved otherwise based on the health of the individual trees.”; 3) The fourth WHERAS of the restrictive covenant should read: “WHEREAS, the requirements of the Land Development Code for both the Endeavor Tract and the Simon Tract allow for a combined maximum of eighty percent(80%) net site area impervious cover resulting in a total allowable impervious cover area of 135.36 acres for the Endeavor Tract and 40.54 for the Simon Tract. 10/16/08: Approved NBG-NP or NBG-H-NP (7-0); 1st reading 3/12/09: Approved NBG-NP or NBG-H-NP (6-0); 2nd/3rd readings 10/18/07: Approved 1st reading of Phase 1 of NP (6-0) 11/01/07: Approved Phase 1 of NP zonings (5-0); 2nd/3rd readings 11/01/07: Approved MI-PDA zoning on consent (6-0); all 3 readings C14-2008-0182 (North Burnet /Gateway NP Rezoning: Metric Boulevard) Add NP designation to existing zoning 9/09/08: Approved rezoning of certain tracts to NBG-NP or NBG-H-NP, with conditions (8-0) 9/25/07: Approved staff rec. with amendments (8-0) MI-PDA to MI-PDA 10/09/07: Approved staff rec. of MI-PDA by consent (9-0) C14-2007-0157 (North Burnet /Gateway Neighborhood Plan Rezoning) C14-2007-0171 (The Domain: 10700-11000 Burnet Road, 11100-11900 Burnet Road, 2800 Block of Braker Lane, 3300 W. Braker Lane) C14-06-0154 (The Domain: 11400 Burnet Road) C14-06-0121 (The Domain RCA: 10712, 10728, 10800, 11000, 11500, MI-PDA to MI- PDA 8/08/06: Approved staff rec. of MI-PDA by consent (8-0) MI-PDA to MI- PDA 2/13/07: Approved staff’s rec. for MI-PDA zoning with additional conditions of: • 2 star Green Building rating 09/28/06: Approved MI-PDA (7-0); 1st reading 10/05/06: Approved MI-PDA changes as a condition of zoning (6-0); 2nd/3rd readings 3/01/07: Approved MI-PDA zoning with the addition of low albedo roofing materials, one star construction for the total site and two star construction 6 of 14B-4C14-2020-0128 7 11600 Burnet Road; 11601 Domain Drive; 2900, 3001, 3101 Esperanza Crossing) • natural landscaping of all ponds water (existing and future); quality • be in compliance with for 50% of the office and residential construction (7-0); McCracken-1st, Dunkerley- 2nd. • TIA conditions; the applicant’s requested parkland dedication proposal; • height base of 140-ft; plus an additional 12-stories to based on electing provide some of the public benefits as listed in the North Burnet/Gateway Neighborhood Plan. • Maximum height of 308 feet. Vote: (9-0); J.Reddy-1st, G. Stegeman-2nd. 11/23/04: Approved staff recommendation of MI-PDA, with Environmental Board conditions (9-0). 11/9/04: Approved staff’s recommendation of CH zoning with conditions (9-0) MI-PDA to MI- PDA P to CH 12/16/04: Approved MI-PDA (7-0); all 3 readings 12/2/04: Approved CH zoning (7-0); all 3 readings MI-PDA to MI-PDA MI to MI-PDA 6/11/03: Approved staff’s recommendation of MI-PDA zoning, with inclusion of original PDA conditions (as read into the record) from Ordinance #000608- 67 (8-0, R. Pratt-off dais) 6/11/03: Approved staff's recommendation of MI-PDA zoning (8-0, R. Pratt-off dais) MI to CS 6/11/03: Approved staff's recommendation of CS-CO zoning (8-0, R. Pratt-off dais) 7/31/03: Granted MI-PDA on all 3 readings (7-0) 7/31/03: Granted MI-PDA on all 3 readings (7-0) 7/31/03: Granted CS-CO on all 3 readings LI to CS-1 6/12/02: Approved CS-1 by consent (8-0) 7/11/02: Approved PC rec. of CS-1 (7-0); all 3 readings C14-04-0151 (The Domain: 11400 Burnet Road) C14-04-0146 (The Shops at Arbor Walk: 10515 North Mopac Expressway) C14-03-0017 (The Domain- 200.286 acres: 11400 Burnet Road) C14-03-0016 (Multek: 3300 West Braker Lane) C14-03-0015 (The Domain- 0.783 acres: 11400 Burnet Road) C14-02-0062 (11005 Burnet Road) 7 of 14B-4C14-2020-0128 8 LI-PDA to LI-PDA 10/24/00: Approved staff rec. of LI-PDA (TR1), LI-PDA-H (TR2) by consent (9-0) 11/30/00: Approved LI-PDA (TR1) and LI-PDA-H (TR2); (7-0); all 3 readings MI to MI-PDA 6/8/00: Approved MI-PDA, with changes agreed to with neighborhood association (7-0); all 3 readings C14H-00-2177 (Braker Pointe/ Rogers Homestead: 10801 N. MOPAC NB Expressway C14-00-2065 (Austin Tech Park: 11400 Burnet Road) The total number of That minimum lot size be 5/9/00: Approved staff rec. of MI- PDA by consent (8-0); with the following conditions: 1) 1 acre provided for any lots that directly abut Braker Lane and Burnet Road (but not both) and which are less than 3 acres in size. 2) additional curb cuts on Braker Lane & Burnet Road providing access to such lots shall not exceed 50 % of the total number of such lots. 3) The foregoing limitation shall not apply to any lot of more than 3 acres, which abut Braker Lane and Burnet Road. 4/20/99: Approved staff alternate rec. of GR-CO, with CO for 2,200 vehicle trip limit, by consent (7-0) MI to GR C14-99-0024 (Woodfin Suite Hotel: 2618 Kramer Lane) RELATED CASES: C14-2018-0182 (North Burnet/Gateway NP Rezonings) EXISTING STREET CHARACTERISTICS: 5/20/99: Approved PC rec. of GR-CO w/ conditions (7-0); 1st reading 6/3/99: Approved GR-CO w/ conditions (7-0); 2nd/3rd readings Existing ROW 78’ Future roadway (0’) ASMP Required ROW 92’ 92’ Pavement ASMP Sidewalks Bicycle Classification Route 42’ Future roadway 3 2 Yes Not yet built Yes Yes Capital Metro (within ¼ mile) Yes Yes Name Kramer Lane Esperanza Xing- Stonehollow Drive Connector 8 of 14B-4C14-2020-0128 9 OTHER STAFF COMMENTS: Comprehensive Planning Staff supports the rezoning a portion of this sub-district within the North Burnet Gateway Area to allow for Major Utility use for the construction of the Austin Energy Sub-Station. Environmental The site is not located over the Edwards Aquifer Recharge Zone. The site is in the Walnut 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. However, a portion of a critical water quality zone runs along the western boundary of the site. Development within a critical water quality zone is limited to that allowed under LDC 25-8-261 and ECM 1.5.3. 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 ls that preempt current water quality or Code requirements. Fire No comments. 9 of 14B-410 C14-2020-0128 Parks and Recreation Site Plan Transportation Water Utility There are currently no parkland dedication requirements for non-residential or non-hotel developments. PARD and PWD are looking at trail connections for this property as part of the Redline Trail project to connect up to the Northern Walnut Creek Greenbelt. Sites zoned P and greater than one acre in size require a Conditional Use Permit according to the Land Development Code {Section 25-2-625}. Sites with buildings intended for human occupation may be subject to Subchapter E, depending on the balance of uses and whether or not the site is open to the public. The Austin Strategic Mobility Plan (ASMP), adopted 04/11/2019, identifies existing right-of-way as sufficient for Kramer Lane. Esperanze Xing-Stonehollow Drive Connector a need for 92’ of right-of- way for the extension. Right-of-way should be dedicated for this roadway at the time of subdivision or site plan. A traffic impact analysis is not required for city initiated zoning applications. 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. Depending on the development plans submitted, water and or wastewater service extension requests may be required. All water and wastewater construction must be inspected by the City of Austin. 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 TO FOLLOW A: Zoning Map B. Aerial Map C. City Council Resolution No. 20201029-SPEC001 D. Imagine Austin Growth Concept Map 10 of 14B-4C14-2012-0002 C14-03-0017 D R T E N R U B C14-2014-0058 NBG-CO-NP NBG-TOD-NP C14-2016-0136 C14-2011-0050 SP-01-0323D I.B.M. C14-2008-0182 NBG-NP SP89-0226C 85-149 G IN X A Z N A R E P S E 06-0031 99-0024 C14-06-0031 SP-06-0093C MANUFACTURING CO. 92-0072 SP-94-0305C 84-202 RETAIL/\SHOPPING\CENTER C14-2008-0182 NBG-NP 73-253 OFFICE/WAREHOUSE R D N O T K C O R B SP93-0076C EXHIBIT A SP-05-1201C 93-0011 2008-0182 R W D O L L O H E N O T S 84-390 SP89-0079D NBG-NP C14-2008-0182 SP96-0390C SP95-0239C 94-150 SP-90-0135 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! C14-2007-0157 84-390 SP86-020 84-087 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! B 7 6 2 0 - 1 0 - P S ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! O F FIC E/ W A R E H O U S E SPC-90-0207A ! ! ! ! !! ! ! ! ! V E C R I C T A E B NBG-NP C14-2008-0182 ! ! ! ! ! ! ! ! ! ! ! ! ! ! OFFICE/WAREHOUSE 85-362 ! ! ! ! ! ! SP-93-0163C RZ85-062 SP85-066 W B R A K E R LN 85 -1 4 9 SP96-0094C SERVICE CENTER NBG-NP C14-2008-0182 OFFICE K R A M E R L N SP97-0463C SP-94-0202C OFFICE/WAREHOUSE NBG-NP C14-2008-0182 84-087 NBG-NP C14-2008-0182 SP97-0199C 75-35 SP97-0199C 84-087 NBG-NP ZONING ZONING CASE#: C14-2020-0128 SP-96-0198C SP-03-0130C SP97-0237C SP97-0237C NBG-NP ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY 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: 11/5/2020 D LV RIC B T E M LI R E T N E R C E K A R B 11 of 14B-4MI-PDA D R T E N R U B NBG-CO-NP NBG-TOD-NP NBG-NP G IN X A Z N A R E P S E NBG-NP R D N O T K C O R B K R A M E R LN V E C R I C T A E B NBG-NP NBG-NP C14-2020-0128 NBG-NP K33 EXHIBIT B R W D O L L O H E N O T S NBG-NP W BRAKER LN NBG-NP RIC D T LV E M B LI Copyright nearmap 2015 W B R A K E R L N NBG-NP NBG-NP ± 1'' = 400' NBG Austin Energy Substation Rezoning SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2020-0128 2412 Kramer Ln. 33.56 Acres K33 Sherri Sirwaitis 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. 12 of 14B-4EXHIBIT C RESOLUTION NO. 20201029-SPEC001 WHEREAS, the City Council desires a zoning change at 2412 Kramer Lane to support a critical infrastructure need of the City; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: The City Council initiates the rezoning of the property generally located at 2412 Kramer Lane to zone the property as needed for an electric substation to public (P) zoning district, and initiating an amendment to the North Burnet Gateway Regulating Plan to remove the portion of property rezoned. BE IT 71 Il El RESOLVED: The City Manager is directed to process the zoning application and take necessary steps to ensure that the zoning regulations and the rezoning process: • Address the critical and time sensitive infrastructure needs o f Austin Energy, and unnecessary delay. • Ensure an efficient and expedited rezoning process to not cause ADOPTED: October 29 , 2020 (23> ATTEST: ?--4 E-t %-3?--- =&2- Jan]Utte S. Goodall City Clerk Page 1 of 1 13 of 14B-4EXHIBIT D Figure 4.5 Growth Concept Map Map Disclaimers: A comprehensive plan shall not constitute zoning regulations or establish zoning district boundaries. 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. This product has been produced by the gra for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 14 of 14B-4