18 C14-2023-0130 - Manor Road CS-1; District 9.pdf — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2023-0130 (Manor CS-1) DISTRICT: 9 ADDRESS: 2200 Manor Road and 2801 Breeze Terrace ZONING FROM: CS-MU-V-NP TO: CS-1-MU-V-NP SITE AREA: approximately 0.18 acres (approximately 8,055 square feet) PROPERTY OWNER: McElroy Building Company, Inc. (Ryan McElroy) AGENT: Thrower Design, LLC (Victoria Haase) CASE MANAGER: Jonathan Tomko (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff recommends granting commercial-liquor sales district-mixed use-vertical mixed use-neighborhood plan (CS-1-MU-V-NP) combining district zoning. See the basis of recommendation section below for more information. PLANNING COMMISSION ACTION / RECOMMENDATION: January 23, 2024: Case is scheduled to be heard by Planning Commission. CITY COUNCIL ACTION: TBD ORDINANCE NUMBER: N/A ISSUES: N/A CASE MANAGER COMMENTS: The property in question is currently a commercial use with a majority of its frontage along Manor Road, an ASMP level 3 corridor, an Imagine Austin Corridor and stops for the CapMetro Route 20 bus on the same block. This route has one of the highest riderships in the system. There are not currently any CS-1 zoned properties along Manor Road and only one other in the vicinity, the Butterfly Bar at the Vortex. The applicant seeks to retain the MU-V-NP overlays which could result in additional residential or a mix of uses under this entitlement. BASIS OF RECOMMENDATION: The proposed zoning should satisfy a real public need and not provide special privilege to the owner. Granting this rezoning request would provide additional commercial-liquor sales zoning proximate to a variety of residential uses, and public transportation assets. The Manor Road corridor is undergoing a transition as it builds out between the University of Texas, Martin Luther King, Jr. Boulevard Transit Oriented Development (TOD), (which encompasses a portion of Manor Road to the east of the subject tract), and the 700-acre Mueller Development. Encouraging a mix of uses along this Imagine Austin corridor will result in, as 1 of 918 C14-2023-0130 - Manor Road CS-1; District 9C14-2023-0130 2 Imagine Austin described, “allow[ing] people to reside, work, shop, access services, people watch, recreate, and hang out without traveling far distances.” The rezoning should be consistent with the policies and principles adopted by the City Council or Planning Commission. Both Council and Planning Commission have adopted policies and principles to increase development and uses along Imagine Austin Corridors and where major public transportation assets exist. Granting this rezoning is consistent with those policies and principles. The property will most likely not exist in the future as just a bar, since the applicant would be within their zoned entitlements to develop vertical mixed use. This rezoning could quite possibly result in residential units co-existing above a local neighborhood bar, as seen in so many other cities. Rezoning should not contribute to the over zoning of the area. It is noted that while there are a few restaurants that serve alcohol in the vicinty, there is currently only one other property zoned CS-1, the Vortex Theater, which includes the approximately 1,000 square foot Butterfly Bar on East 22nd Street. Granting an additional CS-1 zoned property would not be a concentration of bars, nor is it an over zoning of the area. It would provide a healthy mix of uses within a 15-minute walk of a variety of different types of other land uses and public transportation assets, a “Complete Community.” It would also provide the opportunity for more people to take alternative modes of transportation besides driving. EXISTING ZONING AND LAND USES: Site ZONING CS-MU-V-NP North CS-MU-V-NP South CS-V-CO-NP East CS-MU-V-NP West CS-V-CO-NP LAND USES Approximately 1,900 square foot former coffee shop built in approximatley 1950 with unpaved patio to the west and surface parking lot to the east for approximately eight cars. Approximately 1,000 square foot single family home built in approximately 1950. Approximately 4,000 square foot Este Restaurant, originally built in 1925, renovated in 1985 and 2023. Approximately 6,400 square foot paved parking lot to the north fronting Manor Road. Approximately 600 square foot Bar Toti restaurant and bar built in approximately 1995. Approximately 2,000 square foot duplex built in approximately 1950. Approximately 7,000 square foot Manor Road Plaza commerical center built in approximately 1951 with approximately 11,000 square foot paved parking area to the south and east. Includes Hoover’s Cooking and Amy’s Ice Cream. NEIGHBORHOOD PLANNING AREA: Upper Boggy Creek Neighborhood Plan Combining District: 2 of 918 C14-2023-0130 - Manor Road CS-1; District 9C14-2023-0130 3 WATERSHED: Boggy Creek Watershed SCHOOLS: A.I.S.D. Maplewood Elementary School Kealing Middle School McCallum High School COMMUNITY REGISTRY LIST: Austin Independent School District, Austin Lost and Found Pets, Austin Neighborhoods Council, Cherrywood Neighborhood Assn., Del Valle Community Coalition, East Austin Conservancy, Friends of Austin Neighborhoods, Homeless Neighborhood Association, Manor Road IBIZ District, Neighborhood Empowerment Foundation, Neighbors United for Progress, Preservation Austin, SELTexas, Sierra Club, Austin Regional Group, Upper Boggy Creek Neighborhood Planning Team AREA CASE HISTORIES: NUMBER C14-04-0169 (The Vortex) REQUEST To rezone approximately .45 acres from CS-MU- CO-NP to CS-1- MU-CO-NP COMMISSION 01.11.2005: Approve applicant’s request for CS-1- MU-CO-NP zoning (8-0) CITY COUNCIL 02.10.2005: Approved on consent, CS-1-MU- CO-NP on Mayor Pro Tem Goodman’s motion, Council Member Dunkerley’s second (7-0) 04.11.2019: Approved MF-4- CO-NP with conditions, on 2nd/3rd readings, motion by Council Member Harper-Madison, seconded by Council Member Renteria. (10-1) with Council Member Tovo voting nay. Case Expired C14-2018-0100.SH (2107 Alamo) 02.26.2019: To rezone approximately 0.22 acres from SF-3-NP to MF-4-CO-NP Case Expired C14-2007-0179 (2704 French Place) To rezone property from MF-3-NP to GR-MU-CO-NP RELATED CASES: None ADDITIONAL STAFF COMMENTS: 3 of 918 C14-2023-0130 - Manor Road CS-1; District 9C14-2023-0130 4 Comprehensive Planning Environmental 1. The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Boggy Creek Watershed of the Colorado River Basin, which is classified as an Urban Watershed by Chapter 25-8 of the City's Land Development Code. It is in the Desired Development Zone. 2. Zoning district impervious cover limits apply in the Urban Watershed classification. 3. According to floodplain maps there is no floodplain within or adjacent to the project location. 4. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. 4 of 918 C14-2023-0130 - Manor Road CS-1; District 9C14-2023-0130 5 5. 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. 6. This site is required to provide on-site water quality controls (or payment in lieu of) for all development and/or redevelopment when 8,000 s.f. cumulative is exceeded, and on site control for the two-year storm. 7. 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. Fire No comments regarding rezoning. PARD – Planning & Design Review PR1: Beginning January 1, 2024, there will be no parkland dedication requirements for new development applications proposing commercial uses such as cocktail lounges. Site Plan SP1. A site plan will be required for any new development other than single-family, two- family or duplex residential. SP2. Any new development is subject to the design standards in Subchapter E of the Land Development Code. Additional comments will be made when the site plan is submitted. SP3. Generally, any development which occurs in an SF-6 or less restrictive zoning district which is located 540 ft. or less from property in an SF-5 or more restrictive zoning district will be subject to compatibility development regulations, per § 25-2-1051. However, this site is located along Manor Road, which is considered a “Larger Corridor” per Ordinance No. 20221201-056, and thus, is subject to less restrictive compatibility standards for residential or mixed-use properties. See https://publicinput.com/CompatibilityCorridorsFAQ for more information. SP4. In the event that demolition or relocation of existing buildings is proposed, the applicant is responsible for requesting demolition or relocation permits at the appropriate stage of the development process. The City Historic Preservation Office will review all proposed building demolitions and relocations. If a building meets city historic criteria, the Historic Landmark Commission may initiate a historic zoning case on the property. SP5. This site is located in the Upper Boggy Creek Neighborhood Plan. Please see the City’s Neighborhood Plans and Resources webpage for a copy of the recommended design guidelines. Transportation and Public Works Department – Engineering Review ATD 1. Assessment of required transportation mitigation, including the potential dedication of right of way and easements and participation in roadway and other multi-modal 5 of 918 C14-2023-0130 - Manor Road CS-1; District 9C14-2023-0130 6 improvements, will occur at the time of site plan application. The traffic impact analysis for this site is not required, the traffic generated by the proposal does not exceed the thresholds established in the City of Austin Land Development Code. [LDC 25-6-113]. ATD 2. The Austin Strategic Mobility Plan (ASMP) calls for 80 feet of right-of-way for MANOR RD. It is recommended that 40 feet of right-of-way from the existing centerline should be dedicated for MANOR RD according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. ATD 3. The Austin Strategic Mobility Plan (ASMP) calls for 58 feet of right-of-way for BREEZE TER. It is recommended that 29 feet of right-of-way from the existing centerline should be dedicated for BREEZE TER according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. EXISTING STREET CHARACTERISTICS: TIA: A traffic impact analysis is NOT required. The traffic generated by the proposal does not exceed the threshold established in the Land Development Code. Austin Water Utility AW1. No comments on zoning change. FYI: The landowner intends to serve the site with existing City of Austin water utilities. 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 the Austin Water SER team at ser@austintexas.gov. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: A. Zoning Map B. Aerial Map C. Applicant’s Summary Letter D. 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( ( 7 4 - 0 2 3 MF-3-NP ( ( ( ( ( SF-3-NP ( ( ( SF-3-HD-NP ( ( C14H-2020-0069 G I V E N S A V E ( ( ( ( ( ( ( ( SF-3-HD-NP ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( E M A R T I N L U T H E R K I N G J R B L V D C14-2009-0054 CS-MU-V-CO-NP CS-MU-V-CO-NP ( C14-2009-0054 ( C14-2009-0054 ( ( ( ( S I N G ( ( ( SF-3-NP ( ( ( SF-3-NP ( ( ( ( L E T O N A V E 7 4 1 2 8 ( ( ( SF-3-NP ( ( ( ( SF-3-NP NPA-2019-0003.01 C14-2020-0106 CS-MU-V-CO-NP C14-2009-0054 ( C14-01-0064 NPA-2009-0003.01 ( ( ( ( NPA-2019-0003.01 C14-2020-0107 GR-MU-V-CO-NP SF-3-NP ( ( ( ( ( ( SF-3-NP ( ( ( E 1 8 T H S T ( ( SF-3-NP ( ( ( SF-3-NP ( ZONING CASE#: C14-2023-0130 ( ± 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 the Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Created: 10/31/2023 7 of 918 C14-2023-0130 - Manor Road CS-1; District 9!!!!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(K23K24C14-2023-0130C14-02-0057C14-00-2011C14H-2020-0069NPA-2007-0012.06C14-01-0150C14-2009-0082C814-06-0068NPA-2009-0012.02C14-2020-0105NPA-2019-0003.01C14-2009-0054C14-2009-0054C14-04-0169C14-01-0148.004NPA-2009-0012.01C14-2009-0104.SHC14-2008-0231NPA-2008-0012.03C14-2010-0127C14-01-0148NPA-2010-0012.01C14-2020-0106C14-2020-0107C14-2009-0106NPA-2019-0003.01NPA-2019-0003.01C14-2009-0054NPA-2007-0012.06C14-2009-0054C14-2009-0054C14-2018-0100.SHC14-2011-0125NPA-2018-0012.02.SHC14-01-0064C14-2018-0066C14-2009-0041NPA-2007-0012.03C14-2009-0054NPA-2009-0003.01C14H-2020-0011C14-02-0014NPA-2007-0012.04E 32ND STE 22ND STE 21ST STE 20TH STMANOR RDFRENCH PLMAPLE AVEDANCY STSALINA STLEONA STALAMO STLAFAYETTE AVECHICON STE 30TH STBREEZE TERCOLETO STCHESTNUT AVEPOQUITO STCHERRYWOOD RDE 28TH STN IH 35 NBE 29TH STN IH 35 SBE MARTIN LUTHER KING JR BLVDE 31ST STWALNUT AVEN IH 35 SVRD NBDRURY LNCEDAR AVEEDGEWOOD AVEE 18TH STHEMLOCK AVESTAFFORD STGIVENS AVEN IH 35 SVRD SBN IH 35 UPPER DECK NBSINGLETON AVEWEBER AVEROBINSON AVECONCHO STOAKLAWN AVEE DEAN KEETON STMALDON PLROGERS AVEFERDINAND STROBINSON AVEPOQUITO STSF-3-NPSF-3-NPCSSF-3-NPSF-3-NPMF-4SF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-HD-NPSF-3-NPSF-3SF-3-NPSF-3-NPSF-3-NPSF-3-HD-NPSF-3-NPSF-3-NPPUD-NPSF-3-HD-NPSF-3-NPCS-MU-V-NPSF-3-NPP-NPP-NPSF-3-NPMF-4-NPSF-3-NPUNZMF-3-NPSF-3SF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPLO-MU-V-CO-NPSF-3-NPMF-3-NPSF-3-NPMF-3-NPLR-MU-V-CO-NPP-NPSF-3-NPCS-MU-V-CO-NPSF-3-NPGR-MU-V-CO-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPCS-MU-CO-NPMF-3-NPCS-NPCS-MU-V-CO-NPCS-MU-V-NPCS-NPMF-3-NPCS-NPCS-MU-CO-NPCS-MU-CO-NPCS-MU-CO-NPSF-3-NPCS-MU-V-CO-NPPUD-NPSF-3-NPMF-2-CO-NPLO-MU-V-CO-NPCS-V-CO-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPCS-MU-V-CO-NPCS-MU-V-CO-NPCS-MU-V-CO-NPCS-MU-V-CO-NPMF-3-NPMF-3-NPCS-CO-NPCS-MU-V-NPCS-MU-V-CO-NPCS-V-NPCS-V-CO-NPLO-MU-CO-NPLO-MU-CO-NPMF-3-NPCS-MU-CO-NPCS-MU-V-CO-NPSF-3-NPCS-MU-CO-NPMF-3-NPLO-MU-V-CO-NPLR-V-CO-NPCS-1-MU-V-CO-NPLO-H-CO-NPCS-MU-CO-NPCS-MU-V-CO-NPLR-MU-V-CO-NPSF-3-NPSF-3-NPCS-MU-V-CO-NPSF-3-NPGR-MU-V-CO-NPCS-1-MU-V-CO-NPCS-CO-NPGO-MU-V-CO-NPLO-H-MU-V-CO-NPMF-4-CO-NPCS-V-CO-NPCS-MU-V-CO-NPCS-MU-CO-NPCS-MU-V-CO-NPCS-MU-CO-NPSF-3-NPCS-1CS-NPSF-3-NPCS-MU-V-CO-NPLR-MU-CO-NPCS-CO-MU-NPLO-MU-V-NPGR-MU-CO-NPCS-MU-CO-NPSF-3-NPCS-CO-MU-NPSF-3-H-NPLR-V-CO-NPCS-V-NPCS-1-MU-V-CO-NPLR-MU-V-CO-NPCS-1-MU-CO-NPMF-4-NPSF-3-NP2200 Manor CS-1±This product has been produced by the Planning Department for the sole purpose of geographic reference. No warrantyis made by the City of Austin regarding specific accuracy or completeness.ZONING CASE#:LOCATION:SUBJECT AREA:GRID:MANAGER:C14-2023-01302200 Manor Rd0.18 AcresK23Jonathan TomkoCreated: 12/12/2023SUBJECT TRACTZONING BOUNDARY!!!!!!PENDING CASECREEK BUFFER0200400600800100Feet8 of 918 C14-2023-0130 - Manor Road CS-1; District 9 August 29, 2023 Mrs. Lauren Middleton-Pratt Director, Planning Department City of Austin 1000 E 11th Street Austin, TX 78702 Dear Mrs. Middleton-Prat: Re: Rezoning Application – Manor Road CS-1 – 2200 Manor Road Via Electronic Delivery On behalf of the Owner(s) of the property referenced above, we respectfully submit the enclosed rezoning application. The subject lands are legally platted as Lot 1, Block 5 of the Forest Hills Subdivision, and comprised of 0.18 acres. The land is located within Council District 9, represented by Zo Quadri and is within the Upper Boggy Creek: Cherrywood Neighborhood Planning Area. The Future Land Use Map designates the property for “Mixed Use” and the current land use is commercial & retail (coffee shop) and the zoning is “CS-MU-V-NP”. The request is to rezone the base district of the property to CS-1 and maintain the “MU-V-NP” overlays. Rezoning is sought to allow for cocktail lounge use. The site is located on the periphery of a neighborhood with frontage on Manor Road - an Imagine Austin Activity Corridor and has existing Capitol Metro Bus service with stops on the same block. The rezoning allows for a use that can be frequented by local residents within walking distance, or by bus for patrons that may live outside the walk shed. We respectfully request support for the requests made. Please contact our office should you have need for additional information. Thank you for your time and attention to this application. Kind regards, Victoria Haase www.throwerdesign.com 512-998-5900 Cell 512-476-4456 Office 9 of 918 C14-2023-0130 - Manor Road CS-1; District 9