13 C14-2024-0104 - Seventh Day Adventist Alpha Church; District 1 Staff Report — original pdf

Backup

ZONING CHANGE REVIEW SHEET TO: GR-MU-CO-NP (as amended) CASE: C14-2024-0104 (Alpha Seventh-Day Adventist Church) DISTRICT: 1 ADDRESS: 3016 East 51st Street; 3021 and 3039 Pecan Springs Road ZONING FROM: SF-3-NP SITE AREA: approximately 2.285 acres (approximately 99,535 square feet) PROPERTY OWNER: Southwest Region Conference Association of Seventh Day Adventists & Southwest Region Conference of Seventh Day Adventists AGENT: Armbrust & Brown, PLLC (Michael J. Whellan) CASE MANAGER: Jonathan Tomko (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff does not recommend granting community commercial-mixed use-conditional overlay-neighborhood plan (GR-MU-CO-NP) combining district zoning with a conditional overlay (described in September 18, 2024 Applicant Letter, Exhibit D below) that prohibits all uses not allowed in a neighborhood commercial (LR-) base district and prohibits the following six uses: consumer convenience sales, general retail sales (convenience), pedicab storage and dispatch, printing and publishing, service station, drive through facilities as an accessory use to financial services. Staff offers an alternative recommendation granting neighborhood commercial-mixed use-neighborhood plan (LR-MU-NP) combining district zoning. For a summary of the basis of Staff’s recommendation, please see the basis of recommendation section below. PLANNING COMMISSION ACTION / RECOMMENDATION: October 22, 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 subject tract is currently a 11,000 square foot church with approximately 21,000 square foot parking area, an approximately 1,200 square foot single family home (built in approximately 1935), and an approximately 600 square foot manufactured building. To the C14-2024-0104 2 north, is one single family home, to the east, the Grove Condominiums, approximately 52 attached units in two-story cluster buildings. To the south, are two single family homes and to the west, are four single family homes. The subject tract is on the northwest corner of East 51st Street (an ASMP level 3 roadway and an Imagine Austin Activity Corridor) and Pecan Springs Road (an ASMP level 1 roadway). It is approximately ¼ mile east of Manor Road which is also an Imagine Austin Activity Corridor and approximately 1/3 mile west of Springdale Road which is also an Imagine Austin Activity Corridor. The subject tract is approximately ½ mile northeast of the Mueller Imagine Austin Activity Center. BASIS OF RECOMMENDATION: Zoning 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. The applicants request for GR (community commercial) base district zoning would be appropriate at an intersection of arterials or major collectors; however, the subject tract is not at the intersection of such roadways. Pecan Springs Road is a much lower intensity roadway. While staff feels it is promising the applicant has revised their request to include a conditional overlay prohibiting uses to LR (neighborhood commercial) base district zoning, staff still has concerns about allowing GR (community commercial) site development standards on this tract. Zoning should allow for reasonable use of the property. Allowing a change to LR base zoning is a substantial increase in entitlements from the current SF-3-NP zoning of the tract. Staff feel that the LR base allows for reasonable use of the property balancing the existing single-family zoning that nearly surrounds the site. Granting of the request should result in an equal treatment of similarly situated properties. The East 51st Street Corridor in the immediate area has GR (community commercial) base district zoning at the major intersections but none exists mid-block or at intersections with less major roadways. There are some parcels with MF-2 zoning south of East 51st Street, including a few examples in the Area Case Histories section below, however granting this request for GR (community commercial) base district zoning would not maintain this established precedent and would not result in an equal treatment of similarly situated properties. EXISTING ZONING AND LAND USES: Site LAND USES ZONING SF-3-NP North SF-3-NP South MF-2-NP and SF-3-NP Approximately 11,000 square foot church with approximately 21,000 square foot parking area, and an approximately 1,200 square foot single family home (built in approximately 1935) and an approximately 600 square foot manufactured building. One approximately 1,600 square foot single family home (built in approximately 1940). Two single family homes constructed approximately 1953-1960. C14-2024-0104 3 East SF-3-NP West SF-2-NP The Grove Condominiums, approximately 52 attached units in two-story cluster buildings, constructed in approximately 2016. Four single family homes constructed approximately 1947 through 1967. NEIGHBORHOOD PLANNING AREA: East MLK (Pecan Springs-Springdale) Combined Neighborhood Planning Area WATERSHED: Fort Branch Watershed SCHOOLS: A.I.S.D. Pecan Springs Elementary School Martin Middle School Northeast High School COMMUNITY REGISTRY LIST: Austin Independent School District, Austin Lost and Found Pets, Austin Neighborhoods Council, Del Valle Community Coalition, East Austin Conservancy, East MLK Combined Neighborhood Plan Contact Team, Friends of Austin Neighborhoods, Friends of Northeast Austin, Homeless Neighborhood Association, Neighborhood Empowerment Foundation, Neighbors United for Progress, Pecan Springs/Springdale Hills Neighborhood Assoc., Preservation Austin, SELTexas, Senate Hills Homeowners' Association, Sierra Club, Austin Regional Group, Windsor Park-Pecan Springs Heritage NA AREA CASE HISTORIES: COMMISSION CITY COUNCIL NUMBER C14-2015-0001 (Marlo Heights Rezoning) REQUEST The Applicant is requesting to rezone property from SF-3- NP to MF-2-NP. 09.08.2015: Approved MF-2- CO-NP for Tract 1 and SF-6-CO-NP for Tract 2 as Staff recommended, and as further described in the Applicant/ Neighborhood Agreement. 07.12.2011: Approved MF-2-NP district zoning by consent. 10.15.2015: Approved MF-2- CO-NP for Tract 1 and SF-6-CO-NP for Tract 2, on 2nd/3rd Readings. 07.28.2011: Approved MF-2-NP district zoning as Planning Commission recommended, on all 3 Readings. C14-2011-0040 (St. Stephen's Baptist Church) The applicant is proposing to rezone from SF-3-NP to MF-2-NP. C14-2024-0104 4 C14-2011-0165 (Randerson Creekside Rezoning) The applicant is requesting to rezone the property from SF-3-NP to MF-2- NP. 08.23.2012: Approved MF-2- CO-NP on consent on Council Member Martinez' motion, Mayor Pro Tem Cole's 2nd on a 6-0 vote, Council Member Spelman was absent. 12.08.2011: Withdrawn by the applicant 04.24.2012: Approved MF-2- NP-CO with conditional overlay that a restrictive covenant (private) be ready before 3rd reading at City Council; motion made by Commissioner Danette Chimenti, Com. Saundra Kirk 2nd on a vote of 9-0. 11.08.2011: To deny Staff recommendation to remove service station from the prohibited use list (7-0-1). C14-2011-0128 (4500 E. 51st St) The applicant is requesting to rezone the property from GR-CO-NP to GR- CO-NP. RELATED CASES: NPA-2024-0015.02 (FLUM Change from Mixed Residential to Mixed Use) ADDITIONAL STAFF COMMENTS: Environmental 1. The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Fort Branch 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. Zoning district impervious cover limits apply in the Urban Watershed classification. 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. 2. 3. 5. 6. C14-2024-0104 5 7. 8. 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. 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 on rezoning PARD – Planning & Design Review PR1: There are no parkland dedication requirements for civic uses. Parkland dedication will be required any residential dwelling units that may be proposed by this development at the time of subdivision or site plan, per City Code § 25-1-601. Should fees in-lieu be required, 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, as amended. If the applicant wishes 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 of whether fees in-lieu of land will be allowed. Site Plan SP 1. Site plans will be required for any new development other than single-family or duplex residential. SP 2. 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. SP 3. 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 SP 4. NEW COMPATIBIILITY COMMENTS: On and after July 15th, 2024, this site will need to comply with compatibility requirements based on ordinance # 20240516-004 SP 5. This tract is already developed, and the proposed zoning change is a footprint within the existing development FYI This site is in the Pecan Springs-Springdale Neighborhood Plan Transportation and Public Works Department – Engineering Review C14-2024-0104 6 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 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. E 51ST ST has sufficient right of way to comply with the Austin Strategic Mobility Plan (ASMP). [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 PECAN SPRINGS RD. It is recommended that 29 feet of right-of-way from the existing centerline should be dedicated for PECAN SPRINGS RD according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6- 51 and 25-6-55]. EXISTING STREET CHARACTERISTICS: Name ASMP Classification Existing ROW Existing Pavement Sidewalks Bicycle Route ASMP Required ROW E 51ST ST Corridor Mobility - Level 3 80 feet 96 feet 41 feet Existing 5 feet sidewalks Bike Lane - Buffered Capital Metro (within ¼ mile) Yes PECAN SPRINGS RD Local Mobility - Level 1 58 feet 56 feet 20 feet No Yes Existing 5 feet sidewalks TIA: A 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. 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. C14-2024-0104 7 INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: A. Zoning Map B. Aerial Map C. Applicant’s Summary Letter D. Applicant’s Conditional Overlay Letter Dated September 18, 2024 ( ( ( ( ( ( ( ( ( W E S T M I N S T E R D R R AV E N S D A L E L N ( ( ( SF-3-NP ( ( ( C L O V E R D A L E L N ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( O L D M A N O R R D ( ( ( SF-3-NP ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( PECAN CIR ( ( ( ( ( ( ( ( ( SF-2-NP ( ( ( ( NORWICH CV ( ( ( ( ( ( ( ( ( ( ( G A S S T A. ( GR-V-NP 78-57 ( ( ( CS-V-NP ( SF-3-NP ( C O N V. ST O R E SP-01-0472CS SPRING CIR ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( DRESDEN CV ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2-NP ( ( ( ( ( ( ( ( ( SF-2-NP ( ( SF-2-NP ( A M E S W O ( ( ( SF-2-NP ( ( ( O D D R ( ( C O ( R D E L ( ( L L N ( ( ( ( ( ( ( ( N L N O T G N I L R A D ( ( ( ( ( ( ( ( SF-2-NP ( ( ( ( V E H C Y C I R ( ( G L O ( U C ( ( ( ( ( ( ( ( ( E S T E ( ( R L N ( ( ( ( ( ( ( ( ( ( R R D ( O O M Y ( ( A L C ( ( ( ( O T R N D T I P ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( P E C A N S P R I N G S R D ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( R D K O O R B R E V O ( ( ( ( ( ( ( ( ( ( ( C H U R C H ( ( ( ( SF-2-NP ( ( ( ( ( M ARYM ( O U NT D R ( ( ( ( ( SF-2-NP ( ( N R O B Y A W ( ( ( ( R L D E HIL ( ( ( SF-2-NP ! ! ! ! ( ( ( ( ( ! ! ! ! ( ! ! ! ! ( ! ! ( ( ( SF-3-NP ! ! ! ! ! ! ! ! ! ! ( ! ! ! ! ! ! ! ! ! ! ! ! CHURCH ! ! ! ! ! ! ! ! ! ! ! ! ! ! ( ( MF-2-NP APARTMENTS CP72-48 ( C14-2011-0040 UNDEVELOPED MF-2-NP 72-098 ( ( ( ( ( ( SF-2-NP ( ( ( ( ( ( ( SF-2-NP ( ( ( ( ( ( ( ( ( SF-2-NP ( ( ( ( ( ( ( ( NORWOOD HILL RD ( ( ( ( ( ( ( ( ( G L A D S T O N E D R ( ( ( ( ( ( ( ( ( ( ( ( SF-2-NP ( SF-2-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( BASSW OOD L N ( ( ( SF-2-NP ( ( SF-3-NP C14-2011-0165 SF-2-NP ( ( SF-2-NP ( ( SF-2-NP ( ( ( ( ( ( ( ( M E D F O R D D R ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( H A L M A R K ( D R ( ( ( ( ( ( ( ( ( ( ( ( E 51ST ST ( ( ( SF-3-NP ( ( ( ( ( ( N Y L R U B H HIG UNDEVELOPED SP-01-0463CS SP96-0375C SP85-180 C14-2008-0044 C14-86-198 CS-V-CO-NP GR-V-NP USED CARS D R R O N A M C14-2007-0258 GR-V-NP MF-3-NP C14-2008-0044 LR-MU-V-CO-NP MF-3-NP C14-2007-0258 GR-MU-V-NP 66-52R ( ( ( ( ( ( I R C D O O W N O T T O C ( NO-MU-NP ( ( I R C E C U R P S E U L B ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( L R T Y R R E B E U L B ( ( ( ( SF-3-NP ( ( ( C R E E K W O O ( ( D R D ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( 82-096 C14-07-0003 C14-2007-0258 ( GR-MU-V-CO-NP SF-3-NP ( ( ( SF-6-CO-NP ( C14-2015-0001 ( ( ( D S R G RIN P N S A C E P ( ( ( ( ( ( ( ZONING SF-3-NP ( 72-277 GR-CO-NP 71-48 SP- 98-0003C GR-MU-CO-NP UNDER CONSTRUCTION D E R L A D G RIN P S GR-CO-NP SF-3-NP ( MF-2-CO-NP GR-MU-CO-NP W D O R R A P E S LIV O R NIG 81-197 H T O W L LN 68-225 SP07-0098C N E L G A Y S R LA C G R A S SLA N D D R ZONING CASE#: C14-2024-0104 C 8 1 4 - 8 7 - 0 2 2 C14-06-0057 ( = PUD-NP ( ( SF-3-NP ( = ( ± SF-4A-NP SF-3-NP R D K O O R B Y D N W I SH AD Y PARK D R SF-3-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 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: 7/8/2024 ARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 June 11, 2024 Joi Harden, Zoning Officer City of Austin Planning Department 1000 E. 11th St. Austin, TX 78702 Re: Rezoning application for 3016 E. 51 St., 3021 Pecan Springs Rd., and 3039 Pecan Springs Rd., also known as TCAD Parcel Nos. 0218201216 and 0218201218 (the “Property”) Dear Ms. Harden, On behalf of Southwest Region Conference of Seventh Day Adventist & Southwest Region Conference Association of Seventh Day Adventists, I am submitting the attached rezoning application for the Property, locally known as Alpha Seventh-day Adventist Church. The Property is in the East MLK Combined Neighborhood Plan in the Pecan Springs sub-area. The church is seeking to rezone the Property to Community Commercial – Mixed Use – Neighborhood Plan (“GR-MU- NP”) to allow for greater flexibility in future development of the church campus, which is necessary as the congregation continues to grow and change. The current Future Land Use Map (“FLUM”) designation for both parcels is Mixed Residential, and we have submitted an accompanying Neighborhood Plan Amendment application to designate the Property as Mixed Use to accommodate this rezoning request. Community Commercial (“GR”) base zoning is defined in the Land Development Code as “the designation for an office or other commercial use that serves neighborhood and community needs and that generally is accessible from major traffic way.” Based on this definition, GR zoning is appropriate for this site for two reasons: (1) the Property fronts onto E. 51st St. – an Austin Strategic Mobility Plan (“ASMP”) Transit Priority Network Roadway – and is approximately one-quarter mile from Manor Rd., another ASMP Transit Priority Network Roadway, and (2) The Property is used as a church, which serves neighborhood civic, religious, and cultural needs. Additionally, our rezoning request is in alignment with the existing GR zoning of several nearby sites along E. 51st St. and Springdale Rd. I am available to answer any questions and to provide further details. Thank you for your time and consideration. Respectfully, Michael J. Whellan {W1207806.1} ARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 September 18, 2024 Joi Harden, Zoning Officer City of Austin Planning Department 1000 E. 11th St. Austin, TX 78702 Re: Update to rezoning application for 3016 E. 51 St., 3021 Pecan Springs Rd., and 3039 Pecan Springs Rd., also known as TCAD Parcel Nos. 0218201216 and 0218201218 (the “Property”) Dear Ms. Harden, Alpha Seventh Day Adventist Church (the “Applicant”) recently met with neighbors to discuss the rezoning application. Following those discussions, the Applicant is requesting to modify the conditional overlay to further restrict uses on the Property. In addition to limiting commercial uses to those permitted under Neighborhood Commercial (“LR”) zoning, the Applicant wishes to prohibit the following uses: Consumer Conveniences Sales, General Retail Sales (Convenience), Pedicab Storage and Dispatch, Printing and Publishing, Service Station, and Drive Through Facilities as an accessory use to Financial Services. As a result of this update, the amended rezoning request will continue to seek GR-MU-CO-NP zoning with a conditional overlay limiting the commercial uses as described above. Thank you for your time and consideration. Respectfully, Michael J. Whellan {W1207806.1}