20 C14-2024-0072 - Garza II; District 8 Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 8 CASE: C14-2024-0072 – Garza II ADDRESS: 6515 ½ and 6367 ½ S Mopac Expressway Service Road NB, 4109 ½ and 4101 ½ Sabio Drive and 6316 Legado Lane ZONING FROM: GR-MU-CO-NP TO: GR-MU-V-CO-NP SITE AREA: 4.273 acres PROPERTY OWNER: Brandywine Garza Office I, LP (Kyle McDonald) AGENT: Drenner Group, PC (David Anderson) CASE MANAGER: Nancy Estrada (512-974-7617, nancy.estrada@austintexas.gov) STAFF RECOMMEDATION: The Staff recommendation is to grant community commercial – mixed use – vertical mixed use building – conditional overlay – neighborhood plan (GR-MU-V-CO-NP) combining district zoning. The Conditional Overlay prohibits the following uses: Automotive Rentals, Automotive Repair Services, Automotive Sales, Automotive Washing (of any type), Exterminating Services, Funeral Services, Pawn Shop Services, Service Station, Custom Manufacturing, Drop-off Recycling Collection Facility, Outdoor Sports & Recreation and Plant Nursery. For a summary of the basis of Staff’s recommendation, please see pages 2 - 3. PLANNING COMMISSION ACTION / RECOMMENDATION: August 13, 2024: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: CASE MANAGER COMMENTS: The subject rezoning area consists of 4.27 acres and is currently undeveloped. It is located east of South Mopac Expressway and north of William Cannon Drive. The northern boundary is along Ben Garza Lane at the intersection of Legado Lane. This property and the C14-2024-0072 Page 2 area directly to the east, also known as Garza Ranch, was previously zoned to (GR-MU-CO) by three rezoning cases approved by Council in May 2007. The East Oak Hill Neighborhood Plan was added in December 2008. The rezoning area is surrounded by multifamily residences, a hotel, and general office immediately to the east (MF-2-CO-NP; DR-NP). Financial services, restaurant uses and food sales are directly to the south (GR-CO-NP; GR). To the north across Ben Garza Lane is the Violet Crown urban trail and undeveloped land. (GR-MU-CO-NP; MF-2-CO-NP). A segment of the Violet Crown Trail also runs along the western boundary of the property along the northbound frontage road of South Mopac Expressway. Please refer to Exhibits A (Zoning Map) and A-1 (Aerial View). The Applicant is requesting to rezone the property to community commercial – mixed use – vertical mixed use building – conditional overlay – neighborhood plan (GR-MU-V-CO-NP) combining district zoning. The applicant is proposing 267 multifamily units and 8,000 square feet of retail. Access to the property is proposed from both the northbound frontage road of South Mopac Expressway and Ben Garza Lane. A building constructed under vertical mixed use building (–V) standards is required to contain a mix of residential and commercial uses, and the result is typically retail, restaurants and offices on the ground floor, and residential units on the upper levels. Staff is recommending (GR-MU-V-CO-NP). The Conditional Overlay will remain the same and consists of the prohibited uses listed above. There is also a Restrictive Covenant that limits the number of units in a stand-alone multifamily structure to 450. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The proposed community commercial (GR) district is intended for office and commercial uses serving neighborhood and community needs, including both unified shopping centers and individually developed commercial sites, and typically requiring locations accessible from major trafficways. The mixed use (MU) district is intended to allow for office, retail, commercial and residential uses to be combined in a single development. The vertical mixed use building (V) combining district may be applied in combination with any commercial base zoning district and allows for a combination of office, retail, commercial and residential uses within a vertical mixed use building. The Conditional Overlay (CO) combining district may be applied in combination with any base district. The district is intended to provide flexible and adaptable use or site development regulations by requiring standards tailored to individual properties. The neighborhood plan (NP) district denotes a tract located within the boundaries of an adopted Neighborhood Plan. C14-2024-0072 Page 3 2. Zoning changes should promote the policy of locating retail and more intensive zoning near the intersections of arterial roadways or at the intersections of arterials and major collectors. Zoning changes should promote compatibility with adjacent and nearby uses. 3. Staff is recommending (GR-MU-V-CO-NP) zoning for the subject property based on the following considerations: 1) community commercial – mixed use – vertical mixed use building (GR-MU-V) is appropriate due to its location on the northbound frontage road of South Mopac Expressway and its proximity to William Cannon Drive, 2) it is consistent with the existing adjacent (GR) commercial zoning to the east and south, 3) there is accessibility to the Violet Crown urban trail and the Williamson Creek West Greenbelt, 4) major arterials such as William Cannon Drive and Brodie Lane are easily accessible and provide connectivity to goods and services, and 5) potential commercial uses would be available to serve residents of the proposed future development and the surrounding area. EXISTING ZONING AND LAND USES: Site North MF-2-CO; ZONING GR-MU-CO-NP GR-MU-CO-NP; DR-NP; RR-NP South GR-CO-NP; GR East West GR-MU-CO-NP N/A LAND USES Undeveloped Undeveloped; Violet Crown Trail-North Financial services; Restaurants (general and limited); Food sales Multifamily; Hotel; General office MoPac Expressway NEIGHBORHOOD PLANNING AREA: Oak Hill Combined (East Oak Hill) WATERSHED: Williamson Creek – Barton Springs Zone – Drinking Water Protection Zone CAPITOL VIEW CORRIDOR: No SCENIC ROADWAY: Yes – S. Mopac Expressway SCHOOLS: Austin Independent School District: Sunset Valley Elementary School Covington Middle School COMMUNITY REGISTRY LIST: Austin Independent School District Austin Lost and Found Pets Covered Bridge Property Owners Association East Oak Hill Neighborhood Association Homeless Neighborhood Association Friends of Austin Neighborhoods Onion Creek Homeowners Association Oak Hill Trails Association Save Our Springs Alliance SELTexas Crockett High School C14-2024-0072 Page 4 Neighborhood Empowerment Foundation Oak Hill Neighborhood Plan Contact Oak Hill Association of Neighborhoods (OHAN) Save Barton Creek Association South Austin Neighborhood Alliance (SANA) TNR BCP – Travis County Natural Resources Westcreek Neighborhood Association Western Oaks Property Owners Association AREA CASE HISTORIES: Sierra Club, Austin Regional Group Preservation Austin NUMBER REQUEST COMMISSION CITY COUNCIL GR-MU-CO-NP, to change a condition of zoning Did not make a recommendation. (12/09/2014) Apvd GR-MU-CO-NP, with CO of 13,000 trips per day (03/05/2015) C14-2014-0011A; C14-2014-0011B – 3800 Ben Garza Lane; 3510 – 4003 Ben Garza Lane C14-06-0181 – 3510 and 4003 Ben Garza Lane SF-2 to GR-MU C14-06-0199 – 3800 - 4004 Ben Garza Lane I-RR; DR; MF-2-CO to GR-MU C14-06-0197 – 3801 - 4001 Ben Garza Lane I-RR; DR; SF-2 to GR-MU To Grant GR-MU-CO w/ CO of prohibited uses & 2,000 trip limit. RC to limit sum of mutifamily units to 450 in stand-alone buildings. (02/27/2007) To Grant GR-MU-CO w/ CO of prohibited uses & 2,000 trip limit. RC to limit sum of mutifamily units to 450 in stand-alone buildings. (02/27/2007) To Grant GR-MU-CO w/ CO of prohibited uses & 2,000 trip limit. RC to limit sum of mutifamily units to 450 in stand-alone buildings. (02/27/2007) Apvd GR-MU-CO & RC as Commission recommended (05/03/2007) Apvd GR-MU-CO & RC as Commission recommended (05/03/2007) Apvd GR-MU-CO & RC as Commission recommended (05/03/2007) RELATED CASES C8-2017-0137.0A – subject rezoning area is described as Rancho Garza Subdivision, recorded on February 11, 2018 C14-2024-0072 Page 5 ADDITIONAL STAFF COMMENTS: Comprehensive Planning Project Name and Proposed Use: C14-2024-0072. Project: Garza II. Oak Hill Combined NP. FLUM: Neighborhood Mixed Use and Commercial. 4.273 acres from GR-MU-CO-NP to GR-MU-V-CO-NP. Existing: undeveloped. Proposed: 267 multifamily residential units and retail. No demolition proposed. Yes Y Imagine Austin Decision Guidelines Complete Community Measures * Imagine Austin Growth Concept Map: Located within or adjacent to an Imagine Austin Activity Center, Imagine Austin Activity Corridor, or Imagine Austin Job Center as identified the Growth Concept Map. Names of Activity Centers/Activity Corridors/Job Centers *: • Located within William Cannon & MoPac Activity Center for Redevelopment in Sensitive Environmental Areas; 0.13 miles from William Cannon Drive Activity Corridor Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or light rail station. Y Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane. • Sidewalk present on the opposite side on Legado Cir, and along portion of Ben Garza Ln Y Connectivity, Good and Services, Employment *: Provides or is located within 0.50 miles to goods and services, and/or employment center. Connectivity and Food Access *: Provides or is located within 0.50 miles of a grocery store/farmers market. Connectivity and Education *: Located within 0.50 miles from a public school or university. Y Connectivity and Healthy Living *: Provides or is located within 0.50 miles from a recreation area, park or walking trail. • 0.1 miles from Williamson Creek West Greenbelt Y Connectivity and Health *: Provides or is located within 0.50 miles of health facility (ex: hospital, urgent care, doctor’s office, drugstore clinic, and/or specialized outpatient care.) • 0.3 miles to Urgent Care Center Y Housing Choice *: Expands the number of units and housing choice that suits a variety of household sizes, incomes, and lifestyle needs of a diverse population (ex: apartments, triplex, granny flat, live/work units, cottage homes, and townhomes) in support of Imagine Austin and the Strategic Housing Blueprint. Housing Affordability *: Provides a minimum of 10% of units for workforce housing (80% MFI or less) and/or fee in lieu for affordable housing. Y Mixed use *: Provides a mix of residential and non-industrial uses. Culture and Creative Economy *: Provides or is located within 0.50 miles of a cultural resource (ex: library, theater, museum, cultural center). Culture and Historic Preservation: Preserves or enhances a historically and/or culturally significant site. Creative Economy: Expands Austin’s creative economy (ex: live music venue, art studio, film, digital, theater.) Workforce Development, the Economy and Education: Expands the economic base by creating permanent jobs, especially in industries that are currently not represented in a particular area or that promotes a new technology, and/or promotes educational opportunities and workforce development training. Industrial Land: Preserves or enhances industrial land. Not located over Edwards Aquifer Contributing Zone or Edwards Aquifer Recharge Zone 7 Number of “Yes’s” C14-2024-0072 Page 6 Drainage The developer is required to submit a pre- and post-development drainage analysis at the subdivision and site plan stage of the development process. The City’s Land Development Code and Drainage Criteria Manual require that the Applicant demonstrate through engineering analysis that the proposed development will have no identifiable adverse impact on surrounding properties. Environmental This site is located over the Edwards Aquifer Recharge Zone. The site is in the Williamson Creek Watershed of the Colorado River Basin, which is classified as a Barton Springs Zone Watershed by Chapter 25-8 of the City’s Land Development Code. It is in the Drinking Water Protection Zone. Project applications at the time of this report are subject to the SOS Ordinance that allows 15% impervious cover in the recharge zone. 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. Runoff from the site is required to comply with pollutant load restrictions as specified in Land Development Code. 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 No comments on zoning change. PARD – Planning & Design Review Parkland dedication will be required at the time of subdivision or site plan application for new residential units, per City Code § 25-1-601, as amended. Whether the requirement shall be met with fees in-lieu or dedicated land will be determined using the criteria in City Code Title 25, Article 14, as amended. C14-2024-0072 Page 7 The site currently features a segment of the Violet Crown Trail. Future development must accommodate the trail by providing sufficient buffer and prevent any uses that would conflict with the trail use, such as curb cuts and driveways. Any additional trail easements may be required at the time of development, if needed. Should there be any remaining fees in-lieu, those fees shall be used toward park investments in the form of land acquisition and/or park amenities within the surrounding area, per the Parkland Dedication Operating Procedures § 14.3.11 and City Code § 25-1-609. Should the applicant wish to discuss parkland dedication requirements in advance of site plan or subdivision applications, please contact this reviewer: thomas.rowlinson@austintexas.gov. At the applicant’s request, PARD can provide an early determination letter of the requirements as stated in this review. Austin Transportation Department – Engineering Review This site must demonstrate compliance with the TIA memo approved for zoning case C14-2014-011. Additional right-of-way may be required at the time of subdivision and/or site plan. There is a proposed Urban Trail adjacent to this site, along western property boundary (Violet Crown Trail). The easement required is a minimum of 20 ft as this allows for a 12 ft trail (minimum trail width per the urban trails plan) and room for maintenance activity. EXISTING STREET CHARACTERISTICS: Name Existing ROW Existing Pavement Sidewalks Bicycle Route ASMP Classification 400’ 46’ Yes Yes Capital Metro (within ¼ mile) No ASMP Required ROW Coord. with TxDOT 58’ N/A N/A No No No 58’ N/A 25’ No No No Level 4 – Major Arterial S Mopac Expressway Service Road NB Sabio Drive Level 1 – Residential Collector Level 1 – Residential Collector Legado Lane C14-2024-0072 Page 8 Ben Garza Lane Level 3 – Minor/Major Arterial 80’ 70’ 46’ Yes No No A Traffic Impact Analysis may require update upon further review. Austin Water Utility No comments on zoning change. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: Exhibit A: Zoning Map Exhibit A-1: Aerial Map Applicant’s Summary Letter ( ( ( SF-2-NP ( ( ( ( ( ( SF-2-NP ( ( ( N L Y R T G N A L ( ( ( ( ( ( ( ( ( ( SF-2-NP ( ( ( ( AD EL C V ( ( ( ( ( ( ( ( ( ( ( ( E V N A O S R E D N A S ( ( ( ( ( DR-NP ( SF-2-NP ( ( ( ( ( ( ( ( ( Y E L L O ( ( ( ( M YRA CT W R O S ( E T R L ( SF-2-NP ( ( ( ( ( ( SF-6-NP 80-114 RC 5 4 0 0 - 2 0 RETAIL C14-02-0045 GR-CO-NP C14-97-0115 CS-1-CO-NP 80-114 R C SP-94-0484C LR-NP BANK BANK PUD-NP C814-98-0001 SP-01-0382C C814-98-0001 SP-01-0270C BANK SP-92-235C SP-94-0457C 88-0068 JEWELRY\STORE BANK GR-CO-NP C814-98-0001.04 PUD-NP C814-98-0001 FURNITURE\SALES SP96-0141C SP97-0354C 91-0033 SP-91-0121C SP-92-235C UNDEV MF-2-NP 90-0045 93-0038 NPA-2016-0025.02 SP92-234C 80-114 GROCERY C14-2008-0129 R E T N E G C PIN P O H S 88-0068 SP-92-234C 93-0039 SP-90-0249C GR-CO-NP P M A B R PA N S M O PA C E X P Y S V R D N B MF-2-CO-NP O N TO M O N N A M C LIA WIL ! ! ! ! U N D E V ! ! ! ! ! ! ! ! O PAC EXPY SB O P A C S B T O W ILLIA M C A N N O R A M P S M M B Y N P X C E PA O S M 86-302 93-0004 SP-93-0483C MF-2-CO-NP APTS. RR-NP B D S R V Y S P X C E OPA S M 94-0117 86-302 C14-95-0117 MF-3-CO-NP 86-302 RR-NP DR-NP UNDEV ! ! ! ! ! ! ! ! ! ! ! ! ! S A BIO D R ! ! ! ! ! C14-06-0181 SP92-238C ! ! ! ! ! ! FINANCIAL\SERVICES ! ! ( ! SP-98-0183C SP-04-0116C REST\(GENERAL) GR-CO-NP SP92-237C REST\(LIMITED) UNDEV 96-0139 SP97-0065C C14-2014-0011 C14-06-0199 BEN GARZA LN GR-MU-CO-NP PECANA TRL 88-0068 SP92-238C C14-2014-0011 93-0042 GR-MU-CO-NP C14-06-0197 LE G A D O LN 06-0197 ( I-RR ( CS-CO UNDEV ( ( ( C14-05-0196A CS-CO I-RR I-RR S. T P A CS-CO C14-05-0196B 05-0196B C7A-05-012 20051215-011 ALLE G R O LU G A R C14-96-0139 GR FOOD\SALES 96-0139 SP-06-0694C 88-0068 LR-CO C14-06-0137 06-0137 UNDEV PUD C814-98-0001 UNDEV ( ( W W I L ( ( ( V H C G R U B DIN E ( ( ( ( ( L I A M C A N N O ( ( ( SF-2 N D R ( ( ( ( GR R ( OBERT BU ( SF-2 R SF-3 NS D R ( ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING ZONING CASE#: C14-2024-0072 ZONING BOUNDARY EXHIBIT A 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: 5/6/2024 EXHIBIT A-1 David J. Anderson direct dial: (512) 807-2908 danderson@drennergroup.com Ms. Lauren Middleton-Pratt Planning Department City of Austin 6310 Wilhelmina Delco Drive Austin, TX 78752 April 1, 2024 Via Electronic Delivery Re: Garza II – Rezoning application for the 4.273-acre property located at 4109 ½ Sabio Drive and 6316 Legado Lane in Austin, Travis County, Texas, more specifically described as Lots 1 and 2, Block A, Amended Plat of Rancho Garza Subdivision, a subdivision in Travis County, Texas, according to the map or plat thereof recorded under Document No. 201800034, Official Public Records of Travis County, Texas (the “Property”) – Travis Central Appraisal District Parcel Numbers 0412250509 and 0412231301 Dear Ms. Middleton-Pratt: As representatives of the owner of the Property, we respectfully submit the enclosed Rezoning application package. The project is titled Garza II and consists of 4.273 acres of land that is currently undeveloped. The Property is located north of William Cannon Drive and east of Mopac Expressway. The Property is located within the Neighborhood Planning Area of Oak Hill Combined Neighborhood Plan, with a Future Land Use Map (FLUM) designation of Neighborhood Mixed Use and Commercial. The request is to rezone the Property from Community Commercial – Mixed Use – Conditional Overlay – Neighborhood Plan (GR-MU-CO-NP) to Community Commercial – Mixed Use – Vertical Mixed Use Building – Conditional Overlay – Neighborhood Plan (GR-MU-V- CO-NP), in order to allow for multifamily residential use. The rezoning request is consistent with surrounding uses. As verified in that certain memo from Maureen Meredith, Senior Planner, dated August 2, 2023, and included in this application package, a FLUM amendment is not required, because the request does not include a change to the base zoning district.  A Traffic Impact Analysis (“TIA”) has been waived via a TIA Determination Worksheet from Mustafa Wali, dated March 1, 2024, with the note that the site must demonstrate compliance with the TIA memo approved for zoning case C14-2014-011, and the TIA may require update upon further review. Please let me know if you or your team members require additional information or have any questions. Thank you for your time and attention to this project. Very truly yours, cc: Maureen Meredith, Housing and Planning Department (via electronic delivery) Joi Harden, Housing and Planning Department (via electronic delivery) David J. Anderson -2-