06 C14-2024-0141 - Wickersham Rezone; District 3 Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 3 (1,875 sq. ft.) ZONING TO: CS-1-CO CASE: C14-2024-0141 – Wickersham Rezone ZONING FROM: GR-MU-CO ADDRESS: 4544 East Oltorf Street and 2440 Wickersham Lane SITE AREA: 0.043 acres PROPERTY OWNER: Wickersham Enterprises, LLC AGENT: Land Answers Inc. (Tamara Mitchell) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to grant commercial-liquor sales – conditional overlay (CS-1-CO) combining district zoning. The conditional overlay will prohibit the following uses: Adult-Oriented Business Automotive Repair Services Automotive Sales Cocktail Lounge Commercial off-street parking Community recreation (public) Congregate Living Drop-Off Recycling Collection Facility Exterminating Services Hospital services-general Hotel/Motel PLANNING COMMISSION ACTION / RECOMMENDATION: November 19, 2024: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: N/A Indoor sports and recreation Off-site accessory parking Outdoor entertainment Pawn shop services Private secondary educational services Private primary educational services Residential treatment Service station Theater C14-2024-0141 2 CASE MANAGER COMMENTS: The property in question is approximately 0.04 acres (1,875 sq. ft.), undeveloped, has access to East Oltorf Street (level 3) and Wickersham Lane (level 3), and is currently zoned community commercial – mixed use – conditional overlay (GR-MU-CO) combining district. The overall property is zoned GR-MU-CO and has an approved site plan (SP-2021-0091C) which provides for 88,709.77 square feet of commercial uses, along with associated parking and drainage facilities. The site is surrounded by residential (MF-2-NP, MF-2, ERC, SF-6- NP) uses and can benefit from the addition of the commercial uses in the area. Please refer to Exhibits A (Zoning Map) and B (Aerial View). Staff is recommending the commercial-liquor sales – conditional overlay – neighborhood plan (CS-1-CO) combined district zoning for a 1,875 square foot zoning. The applicant will be keeping the current prohibited uses and agreed to add cocktail lounge and adult oriented business to the prohibited uses. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The commercial-liquor sales district is intended predominately for commercial and industrial activities of a service nature which typically have operating characteristics or traffic service requirements generally incompatible with residential environments, and specifically includes liquor sales as a permitted use. The conditional overlay 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. Zoning should allow for reasonable use of the property. 2. Staff recommends the applicant’s request because the lot meets the intent of the CS-1 district as it is accessible on major traffic ways. A rezoning would allow for the use in a square footage of a building in the approved site plan. EXISTING ZONING AND LAND USES: Site North South MF-2-NP, MF-2 and SF-6-NP East West NEIGHBORHOOD PLANNING AREA: East Riverside/Oltorf Combined (Pleasant Valley) LAND USES Undeveloped Residential Residential Residential Residential ZONING GR-MU-CO MF-2-NP, MF-2 and ERC MF-2-NP and MF-2 MF-2-NP and MF-2 C14-2024-0141 3 Ojeda Middle School WATERSHED: Country Club West Watershed (Suburban) CAPITOL VIEW CORRIDOR: No SCHOOLS: Del Valle Independent School District Smith Elementary School COMMUNITY REGISTRY LIST: 1847 Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Austin Regional Group Crossing Gardenhome Owners Assn. (The) Del Valle Community Coalition Del Valle Independent School District East Riverside/Oltorf Neighborhood Plan Contact Team AREA CASE HISTORIES: NUMBER C14-2012-0111 - East Riverside Corridor Regulating Plan REQUEST To rezone various parcels to East Riverside Corridor (ERC) zoning district COMMISSION Approved ERC Zoning staff recommended. SCENIC ROADWAY: No Del Valle High School Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Overton Family Committee Pleasant Valley Preservation Austin SELTexas Save Our Springs Alliance Sierra Club Southeast Austin Neighborhood Alliance CITY COUNCIL Approved ERC zoning with conditions. (05/09/13) RELATED CASES: C14-05-0113: East Riverside/Oltorf Combined Neighborhood Plan – Based on the ordinance for this neighborhood plan, this tract is one of the parcels withdrawn for future consideration and does not have the “-NP” combining district zoning associated with the tract. C14-2020-0056: Wickersham Retail Center – The applicant is requesting to rezone to GR- MU-CO to remove Part 2 (A) of the existing ordinance to allow for drive-in service as an accessory use to commercial uses. Staff recommended GR-MU-CO combining district zoning. The case was withdrawn before receiving a recommendation from Planning Commission. C14-2012-0114: Monaco II - This property was rezoned from MF-2 to GR-MU-CO (Ordinance No. 20130214-066) in 2013. This rezoning case prohibited the following:  Drive-in service use is prohibited as an accessory use to commercial uses;  Development of the Property may not exceed 36 residential units per acre; and  A list of prohibited uses on the Property, see Exhibit D. C14-2024-0141 4 ADDITIONAL STAFF COMMENTS: Comprehensive Planning: Project Name and Proposed Use: 4544 E OLTORF STREET. C14-2024-0141. Project: Wickersham Rezone 2024. 0.0430 (1,875.00 SF) acres from GR-MU to CS-1. Existing: Retail. Proposed: Liquor Store. Demolition is not proposed. Yes Imagine Austin Decision Guidelines Complete Community Measures * Y 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 *:  0.20 miles to Pleasant Valley Activity Corridor Y Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or light rail station.  Adjacent to bus stop on Wickersham Ln Y Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane.  Bike lane and sidewalk present along E Oltorf St and Wickersham Lane 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. Connectivity and Healthy Living *: Provides or is located within 0.50 miles from a recreation area, park or walking trail. 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.) 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. 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. C14-2024-0141 5 Y 4 Not located over Edwards Aquifer Contributing Zone or Edwards Aquifer Recharge Zone Number of “Yes’s” 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: The site is not located over the Edwards Aquifer Recharge Zone. The site is in the Country Club West 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 One or Two Family Residential 30% 40% Multifamily Residential 40% Commercial % of Net Site Area % NSA with Transfers 40% 55% 55% 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. 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: There are no comments. C14-2024-0141 6 PARD – Planning & Design Review: 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. Site Plan: Site plans will be required for any new development other than single-family or duplex residential. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. FYI this tract is within the Pleasant Valley Neighborhood Planning area. There is a site plan approved for this property SP-2021-0091C which provides for 88,709.77 square feet of Commercial uses, along with associated parking and drainage facilities. Austin Transportation Department – Engineering Review: The Austin Strategic Mobility Plan (ASMP) calls for 116 feet of right-of-way for E. Oltorf St. It is recommended that 58 feet of right-of-way from the existing centerline should be dedicated for E. Oltorf St. according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. The Austin Strategic Mobility Plan (ASMP) calls for 80 feet of right-of-way for Wickersham Ln. It is recommended that 40 feet of right-of-way from the existing centerline should be dedicated for Wickersham Ln. 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) E. Oltorf St. Level 3 116’ 85’ 60’ Yes Yes Level 3 80’ 74’ 42’ Yes Yes Yes Yes Wickersham Ln. C14-2024-0141 7 Austin Water Utility: No comments on zoning change. FYI: The landowner intends to serve the site with existing City of Austin water utilities. 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. 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. Ordinance No. 20130214-066 Correspondence from Interested Parties P85-017 C14-05-0113 MF-2 MF-2 MF-2 P85-017 C14-2012-0114 GR-MU-CO SP07-0095C ! ! ! ! MF-3-CO C14-93-0140 RR 93-0140 LR C14-72-239 MF-2-NP H U N T W IC K D R MF-2-NP CONDOS P84-044 MF-2 N M L A H S R E K W I C 69-235 MF-2-NP APARTMENTS ERC NPA-2011-0021.02 C14-2012-0111 NPA-2012-0021.02 CP73-06 MF-2 APTS. CP-79-19 APTS. P84-65 MF-2-NP P84-65 E O L T O R F S T C14-96-0056 T R C E D L I N 96-0056 C14-05-0111.05 SF-6-NP 96-0056 05-0111.05 82-203 SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY MF-2-NP ± Exhibit A 1 " = 200 ' ZONING ZONING CASE#: C14-2024-0141 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 Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Created: 9/23/2024 Exhibit B Exhibit C ORDINANCE NO. 20130214-066 AN ORDINANCE REZONING AND CHANGING THE ZONING MAP FOR THE PROPERTY LOCATED AT 2440 WICKERSHAM LANE FROM MULTI FAMILY COMMUNITY RESIDENCE (MF-2) DISTRICT TO (GR-MU-CO) COMMERCIAL-MIXED USE-CONDITIONAL OVERLAY COMBINING DISTRICT. LOW DENSITY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. The zoning map established by Section 25-2-191 of the City Code is amended to change the base district from multi family residence low density (MF-2) district to community commercial-mixed use-conditional overlay (GR-MU-CO) combining district on the property described in Zoning Case No. C14-2012-0114, on file at the Planning and Development Review Department, as follows: A 1.960 acre tract of land, more or less, out of the Santiago Del Valle Grant the tract of land being more particularly described by metes and bounds in Exhibit "A" incorporated into this ordinance (the "Property"), locally known as 2440 Wickersham Lane in the City of Austin, Travis County, Texas, and generally identified in the map attached as Exhibit "B". PART 2. The Property within the boundaries of the conditional overlay combining district established by this ordinance is subject to the following conditions: A. Drive-in service use is prohibited as an accessory use to commercial uses. B. Development of the Property may not exceed 36 residential units per acre. Exhibit D Page ! of 2 C. The following uses are prohibited uses of the Property; Automotive repair services Automotive sales Congregate living Exterminating services Hotel-motel Off-site accessory parking Pawn shop services Private secondary educational services Service station Commercial off-street parking Community recreation (public) Drop-off recycling collection facility Hospital services-general Indoor sports and recreation Outdoor entertainment Private primary educational services Residential treatment Theater Except as specifically restricted under this ordinance, the Property may be developed and used in accordance with the regulations established for the community commercial (GR) base district, the mixed use combining district and other applicable requirements of the City Code. PART 3. This ordinance takes effect on February 25, 2013. PASSED AND APPROVED February ]4 .,2013 § reLeffingwell Mayor ATTEST^A,AAJUq A Jannette S. Goodall City Clerk Page 2 of 2 Lam design Services, Inc. 555 Round Rock West Drive Bldg. D, Suite 170 Round Rock, Texas 78681 512-238-7901 office 512-238-7902 fax EXHIBIT" " METES AND BOUNDS DESCRIPTION BEING 1.960 OF AN ACRE OF LAND, SURVEYED BY LANDESIGN SERVICES, INC., OUT OF THE SANTIAGO DEL VALLE GRANT IN TRAVIS COUNTY, TEXAS, AND BEING A PORTION OF THE REMAINDER OF LOT 4 CHEVY CHASE SOUTH PHASE SIX RECORDED IN BOOK 85, PAGE 127B OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS (P.R.T.C.T.). A PORTION OF LOT 1, BLOCK A, MONACO SUBDIVISION OF RECORD IN DOCUMENT NUMBER 200200348 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.) AND BEING A PORTION OF A 2.04 ACRE TRACT DESCRIBED IN VOLUME 12345, PAGE 718 OF THE REAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (R.P.R.T.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod found at the southeast corner of S3id Lot 1, the southeast corner of Lot 2, Chevy Chase South, Phase 2 a subdivision of record in Cabinet 78, Slide 138 of the P.R.T.C.T. and in the west right-of-way line of Wickersham Lane (70' R.O.W.) THENCE South 70*28'35" West with the east line of said Lot 1 and the existing west right- of-way line of said Wickersham Lane a distance of 34.90 feet to an iron rod found; THENCE continuing along with the east line of said Lot 1 and the existing west right-of- way line of said Wickersham Lane along a curve to the left, having a radius of 841.63 feet, a delta angle of 22°04'49", a length of 324.34 feet and a chord which bears South 59°16'54" West a distance of 322.34 feet to an iron rod found; THENCE continuing along with the east line of said Lot 1 and the existing west right-of- way line of said Wickersham Lane along a cuive to the right, having a radius of 15.00 feet, a delta angle of 86°40'52", a length of 22.69 feet and a chord which bears North 88°25'05" West a distance of 20.59 feet to an 1/2" iron rod with cap marked "LANDESIGN" found; THENCE along with the south line of said Lot 1 and the existing north right-of-way line of East Oltorf Street (90' R.O.W.) along a curve to the left, having a radius of 2036.28.00 feet, a delta angle of 05°48'49", a length of 206.61 feet and a chord which bears North 47°59t03" West a distance of 206.52 feet to a 1/2" iron rod with cap marked "LANDESIGN" set; THENCE North 39°56'04" East crossing through said Remainder Lot 4 a distance of 33.78 feet to a 1/2" iron rod with cap marked "LANDESIGN" set in the south line of said Lot 1; L->22« WTCKtKSHAMWO! CS1220Q203 Zortnfl (too Page 1 of 3 Exhibit A THENCE North 25°37'48" West with the south line of said Lot 1 a distance of 27.06 feet to a 1/2" iron rod with cap marked "LANDESIGN" set in the west line of said 2.04 acre tract; THENCE North 38°29'26" East with the west line of said 2.04 acre tract and crossing through said Lot 1 a distance of 90.62 feet to a 1/2" iron rod with cap marked "LANDESIGN" set; THENCE with the west line of said Lot 1 and the east line of said Remainder of Lot 4 the following two (2) courses: 1. South 79°12'56" East a distance of 1.29 feet to a iron rod found; 2. North 42°18'22" East a distance of 66.49 feet to 1/2" iron rod with cap marked "LANDESIGN" set; "LANDESIGN" set; THENCE crossing through said Lot 1 the following two (2) courses: 1. South 53°29'40" East a distance of 74.09 feet to a 1/2" iron rod with cap marked 2. North 84°20'44" East a distance of 39.13 fee to a 1/2" iron rod with cap marked "LANDESIGN" set in the west line of said Lot 1 and the east line of said Remainder of Lot 4 and the west line of said 2.04 acre tract; THENCE with the west line of said 2.04 acre tract and crossing through said Lot 1 the following two(2) courses: 1. South 67°24'08" East a distance of 46.23 feet to a 1/2" iron rod with cap marked "LANDESIGN" set; 2. North 59°57'23" East a distance of 52.99 feet to a 1/2" iron rod with cap marked "LANDESIGN" set in the west line of said Lot 1 and the east line of said Remainder of Lot 4; THENCE along the west line of said Lot 1 and the east line of said Remainder of Lot 4 the following three (3) courses: 1. North 84°20'44" East a distance of 11.49 feet to an iron rod found; 2. South 86°27'46" East a distance of 8.26 feet to an iron rod found; 3. North 83°07'55" East a distance of 91.86 feet to an iron rod found in the north line of said Lot 1 and the south line of said Lot 2; H2 MQ WtCKt-HSHAMWJOII&WHKMK Zortrifl doo Page 2 of 3 THENCE South 30'03'52" East with the north line of said Lot 1 and the south line of said Lot 2 a distance of 165.60 feet to the POINT OF BEGINNING. This parcel contains 1.960 of an acre of land, out of the Santiago Del Valle Grant, in Travis County, Texas. Description prepared from an on-the-ground survey made during September, 2012. All bearings are based on the north right-of-way line of Wickersham Lane as shown on the Monaco subdivision of record in Doc. No. 200200348 of the Official Public Records of Travis County, Texas. Joseph Beavers Registered Professional Land Surveyor State of Texas No. 4938 Date Pag© 3 of 3 Length Chord Soaring 324.34 206.61 22.69 N8B'25'05"W Chord Length REMAINDER OF LOT CHEVT CHASE SOUTH PHASE SIX 8S/127D P.RT.C.T. 2.04 ACRES BOUNDARY VOL. 12345, PC, 7lfl ff.P.fl.T.CT. LOT 1, BLOCK A MONACO SUBDIVISION DOC. NO. 200200349 O.P.RJ.C.T. S30t03'52"£ S70-28'35"W RECIPROCAL DEED AND EASEMENT AGREEMENT BOUNDARY DOC. HO. 2002083395 o.p.ffj.c.r. C201 WICKERSHAM LANE (70' RIGHT-or-WAY) Xp.o.a SCALE IN FEET 100 50 LEGEND 100 1/2" IRON REBAR FOUND (unless notod ALUMINUM CAP FOUND PUNCH/DRILL/"*" FOUND O P.O.C P.O.B 1/2" IRON RE8AR W/ORANGE. PLASTIC CAP STAMPED "LANDESIGN" SET POINT OF CQMMENCZMENT POINT OF BEGINNING JOB NUMBER: 22Q-QQ-02 PROJECT NAME; 24 4O WICKERSHAM DRAWING NAME; 2200903 ZONNING DRAWING FILE PATH: L:\2240 WiCK£RSHAM\DWG\22QQ2O2METES^SWAP DATE; 09/10/2012 FIEL&NQTE FILE PATH; RPLS:JB 'MEET 1 of 1 \FiELDBOOKS: \7ECH: JCA \PARTYCHIEF: PC \CHK BY: JB SCALE; TOO' J^ANDTSSIGN SERVICES, INC. (V1S-38H-7U01 555 H O U ND KOCK WISWL'OW. IiNG D, HU)fIMC.17(J ROCK, ^ri5XAS 78HH1 N A 1" = 400' SUBJECT TRACT ZONING £13 PENDING CASE ZONING CASES: C14-2012-0114 ZONING BOUNDARY "Hiia produd is for informational purpose and may not have &ssn [>reporea for or bs sustains lor tegal, arttjlneertng, or surveying purposes. U does not represent an Ofi-tlte-grourid survey and represents only ttifl approximats reJottve tocatfon of property bourtdartea. Thia product tea been produced by C7M tor the eole purpose oi geographic reference. No warranty b nude by ihs City of Austin regarding spedfcc accuracy or compieieiiass. Exhibit A Exhibits