11 C14-2024-010 - City Initiated Rezoning - Humane Society of Austin & Travis County; District 4 - Staff Report — original pdf

Backup

ZONING CHANGE REVIEW SHEET TO: CS-MU-NP Society of Austin & Travis County) CASE: C14-2024-0132 (City Initiated: Humane DISTRICT: 4 ADDRESS: 7600, 7602, 7604, 7606, 7608, 7610, 7612, 7614, and 7616 Bennett Avenue ZONING FROM: LR-MU-NP and SF-3-NP SITE AREA: approximately 1.69 acres (approximately 73,617 square feet) PROPERTY OWNER: Humane Society of Austin & Travis County AGENT: Bleyl Engineering (Robert Heil) CASE MANAGER: Jonathan Tomko (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff recommends granting general commercial services-mixed use-neighborhood plan (CS-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: Staff postponement request to November 12, 2024. November 12, 2024: Case is scheduled to be heard by Planning Commission CITY COUNCIL ACTION: TBD ORDINANCE NUMBER: N/A ISSUES: This is a city initiated rezoning application. CASE MANAGER COMMENTS: The subject tract includes approximately 1.69 acres approximately 850 feet southeast of the interchange of I-35 and East Anderson Lane East Bound (US 183). The tract has frontage along the US 183 service road to the north and is to the east of a structure owned by the Humane Society of Austin & Travis County. The Humane Society wishes to expand and utilize this land. To the south is vacant land with Buttermilk Creek owned by the City of Austin, and to the east, across Bennett Avenue are nine single family homes. There is currently a wooden fence that exists along the length of the east side of the property along Bennett Avenue. Bennett Avenue is a cul-de-sac that does not connect to the East Anderson Lane East Bound (US 183) service road to the north. C14-2024-0132 2 BASIS OF RECOMMENDATION: Zoning should allow for reasonable use of the property This rezoning would allow for reasonable use of the property. The undeveloped lot was not developed in tandem with the structure to the west in 1988 or since. It is does not interface with Bennett Avenue to the east nor does it interface with the service road to the north or the structure to the west. Allowing the Humane Society to expand to this undeveloped tract would be reasonable and service the community at large. 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. This zoning locates a community service near (approximately 850 feet from) the intersection of two major freeways in Austin, I-35 and US-183. This location offers access to the facility across the community and is a location where more intensive zoning is already located on all four sizes of the interchange. EXISTING ZONING AND LAND USES: Site LAND USES Undeveloped land ZONING LR-MU-NP and SF-3-NP LR-NP P-NP SF-3-NP CS-MU-NP North South East (across Bennett Avenue) West This is parcel is occupied by the East Anderson Lane East Bound (US 183) service road Undeveloped Land owned by the City of Austin – encumbered largely by Buttermilk Branch Creek Buffer Nine single family homes Humane Society of Austin & Travis County Office/Medical Building, approximately 30,000 square feet in a two-story structure built in approximately 1988. NEIGHBORHOOD PLANNING AREA: St. John/Coronado Hills (St. John) Combined Neighborhood Planning Area WATERSHED: Buttermilk Branch Watershed SCHOOLS: A.I.S.D. Pickle Elementary School Webb Middle School Northeast High School COMMUNITY REGISTRY LIST: Austin Independent School District, Austin Lost and Found Pets, Austin Neighborhoods Council, Friends of Austin Neighborhoods, Go Austin Vamos Austin - North , Homeless Neighborhood Association, Neighborhood Empowerment Foundation, SELTexas, Sierra Club, Austin Regional Group, St. John Neighborhood Assn., St. John Neighborhood Plan Contact Team C14-2024-0132 3 AREA CASE HISTORIES: NUMBER C14-2020-0072 (IH- 35 & US 183 Retail Center) REQUEST The Applicant proposes to rezone 0.881 acres from CH-CO-NP and CS- NP to CS-NP. COMMISSION 08.25.2020: Approved CS-NP combining district zoning as staff recommended by Consent. Motion by Commission Azhar, seconded by Commission Schneider (13-0). CITY COUNCIL 09.17.2020: CS-NP combining district zoning was approved on Mayor Pro Tem Garza's motion, Council Member Pool's second on a 10-0 vote. Council Member Casar was off the dais. RELATED CASES: NPA-2023-0029.02 (FLUM Change from Neighborhood Mixed Use and Single Family 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 Buttermilk 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. 2. Zoning district impervious cover limits apply in the Urban Watershed classification. 3. According to floodplain maps there is a floodplain within or adjacent to the project location. Based upon the location of the floodplain, offsite drainage should be calculated to determine whether a Critical Water Quality Zone exists within 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. 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. C14-2024-0132 4 Fire No comments on rezoning PARD – Planning & Design Review PR1: Parkland dedication fees may apply to any future site or subdivision applications resulting from this rezoning. As of January 1, 2024, new commercial, non-residential uses are not subject to parkland dedication requirements at the time of site plan and subdivision. The site is adjacent to undeveloped ROW which is adjacent to Parkland. If the applicant suspects any impact to parkland due to proposed future construction on the site, please contact this reviewer: ann.desanctis@austintexas.gov. Site Plan SP 1 Site plans will be required for any new development other than single-family or duplex residential. SP 2 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 3 The site is subject to compatibility standards due to the proximity/adjacency of SF-3 -NP zoning on the west side of the triggering property. Reference 25-2-1051, 25-2-1053 SP 4 Any structure that is located: exceed 60 feet. Reference 25-2-1061 a. At least 50 feet but less than 75 feet from any part of a triggering property may not b. Less than 50 feet from any part of a triggering property may not exceed 40 feet. SP 5 A 25-foot (15-foot if site is less than 75 feet wide) compatibility buffer is required along the property line shared with the triggering property. No vertical structures are permitted in the compatibility buffer. Reference 25-2-1062(B) SP 6 An on-site amenity, including a swimming pool, tennis court, ball court, or playground, may not be constructed 25 feet or less from the triggering property. Reference 25-2-1062 SP 7 FYI this tract is in the St. John Neighborhood Planning area. Transportation and Public Works Department – Engineering Review TPW 1. The Austin Strategic Mobility Plan (ASMP) calls for Bennett Ave feet of right-of-way for 58 feet. It is recommended that 29 feet of right-of-way from the existing centerline should be dedicated for Bennett Ave 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 Capital Metro (within ¼ mile) C14-2024-0132 5 Bennett Ave Level 1 58 feet None None Yes Approx 50 feet Approx 29 feet TIA: 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]. 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 GR-MU-CO-NP C14-2018-0140 O D S L N O W B R E T T O N SP-04-1139C 78-58 C14-01-0100 GR-CO-NP N O R W O O D P A R K B L V D SP-03-0418C CH-NP 79-286 C L O C K T O W E R D R MF-2-NP SAVINGS & MF-2-NP LOANS CS-NP C14-2023-0099 GR-NP SERV. 72-06 STA . C14-2010-0049 NP-2010-0026 R 8 6 - 6 5 71-243 N IH 35 S B T O A N D E R S O N W B R A M P E A N D E R S O N E B T CS-NP O N 3 5 S B R A M P RESTAURANT TEXAS HIGHWAY DEPT. DISTRICT 16 HEADQUARTERS SF-3-NP SP88-225C 89-0018 A D M I N . O F C . C14-2020-0072 EL T O H CS-MU-NP RESTAURANT SP-01-0385C B D S R V 5 S N IH 3 CS-MU-CO-NP 74-017 SP95-0383C CS-MU-NP T N A C VA SF-3-NP N W O S R E D N O A B T 5 N N IH 3 B 5 N N IH 3 M A B R P C14-2010-0160 MOTEL NP-2010-0028 CS-NP INSURANCE OFFICE 74-40 OFFICE GR-NP OFFICES OFFICES 74-114 RZ87-41 GR-NP SERVIC R82-45 E STATIO N RZ86-50 E A N D E 78-102 T R A N S LU R S O N L BE S MIS H O P SIO N & N E B E A N D E R S O N LN S V R D W B 69-229 R85-223 THEATER ! ! ! ! ! ! TRUCK & MACHINERY RZ86-26 RZ87-41 CS-NP E A N D E 73-85 R S O N L N T LR-NP O C A M E A N D E ( ( ! ! ! ! ! ! LR-MU-NP C14-2017-0086 NPA-2017-0029.01 ! ! ! ! ! ! ( ( ! ! ( ! ! ! ! ! ! SF-3-NP ( ! ! ( 68-103 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ( ! ! ( ( ( SF-3-NP ( ( ( ( P-NP W H E ( ATLE ( Y AV E ( B 5 S N IH 3 B D N R V 5 S N IH 3 REST. TRUCK SERVICES TRUCK REPAIR PARKING CS-MU-NP CONTRACTOR'S SUPPLIES & RENTAL YARD TRUCK TERMINAL SP95-361CS TRUCK MACHINERY SALES & REPAIRS GAS STATION C14-2011-0115 ( SF-3-NP ( BLA C K S O USED CARS N AV E CS-NP 70-81 SF-3-NP POSTAL SUB-STATION ( NP-2011-0029 P-NP ( ( ( ( SF-3-NP ( ( ( P-NP SF-3-NP ( SF-3-NP SF-3-NP ( NEW CARS SALES & SERVICE RZ86-47 SP94-185C P-NP P81-32 68-244 MF-2-NP ( A PT S. = ( SF-3-NP ( ( E V T A T E N N E B ( ( ( = ( SF-3-NP E R AV E V R A C WIL K S A V E SF-3-NP SF-3-NP SF-3-NP ( ( P81-32 ( D E L M A R A V E ( ( ( P-NP ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP E E AV N U H T E B SF-3-NP ( E V E A C N E VID O R P SF-3-NP P-NP ZONING ZONING CASE#: C14-2024-0132 NPA-2022-0029.02 C14-2022-0118 CS-MU-V-NP C14-2022-0118(RCT) C14-2009-0002 OFFICE SUPPLY SALES SP-94-0185C P-NP ST. JOHN'S SCHOOL C H U R C H/P R K N G. SF-3-NP E ST JO C14-05-0037.SH LI-CO-NP H NS AVE ST. JO H N S S C H O OL CS-MU-CO-NP ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY CH-CO-NP R85-223 SP-94-490C SP-94-203C E R O N R R S O A M P N L N S V R ( D E B CA E A M ER O N D E R S O N TO E AN N L N W B DERS O N W B RA M P SP-94-225C CH-NP ( ( E V R A E V R A C ( ( SF-3-NP ( ( E V E A N U H T E B ( 73-85 ( ( E V E A C N E VID O R P ( ( ( ( SF-3-NP ( ( ( ( SF-3-NP ( ( ( ( ( ( SF-3-NP ( ( SF-3-NP ( ( ( ( ( ( E R AV O D A E M ( ( ( SF-3-NP ( D EL M A R A V E SF-3-NP ( E G AV SIN S E BL SF-3-NP RR-CO-NP MF-2-CO-NP SF-3-NP 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: 9/10/2024