07 C14-2024-0140 - 1916 Fort View Rezone; District 5 Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2024-0140– 1916 Fort View Rezone DISTRICT: 5 TO: CS-1 ADDRESS: 1916 Fort View Road ZONING FROM: CS SITE AREA: 0.033 acres PROPERTY OWNER: Walima, LLC (Abdul Patel) AGENT: Land Answers, INC (Tamara Mitchell) CASE MANAGER: Marcelle Boudreaux (512-974-8094, marcelle.boudreaux@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant commercial – liquor sales – conditional overlay (CS-1-CO) district zoning. The Conditional Overlay would prohibit these uses permitted in CS-1 base zoning: Adult-Oriented Business and Adult Lounge use. PLANNING COMMISSION ACTION / RECOMMENDATION: December 17, 2024: CITY COUNCIL: ORDINANCE NUMBER: ISSUES: None at this time. CASE MANAGER COMMENTS: The subject rezoning area is approximately 1,452 square feet (or .033 acres) and is developed with a single-story commercial space that is currently vacant. The rezoning area is situated at the northeast corner of Fort View Road and Menchaca Road, approximately 350 feet north of Ben White Boulevard. The site is located within the Lamar & Ben White Activity Center, as identified on the Growth Concept Map in the Image Austin Comprehensive Plan. Development around the immediate intersection of Fort View Road and Menchaca Road is 07 C14-2024-0140 - 1916 Fort View Rezone; District 51 of 11C14-2024-0140 Page 2 generally characterized by diverse commercial uses highlighting access to Ben White Boulevard, including restaurants, limited restaurants many with drive-through use, automotive repair services, and personal improvement services uses (CS; CS-1; GR-MU; LR-MU-CO; GR; LO; LO-MU). Extending north and south along Menchaca Road and east along Fort View Road are more office and commercial uses with some townhomes and multifamily residential (LO; LO-CO; LR-CO; CS; GR). Extending further west along Fort View Road, the commercial zoning transitions to single family residences (SF-3). Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). The Applicant proposes to rezone the property to commercial – liquor sales (CS-1) district for a 1,452-square-foot liquor store at an existing single-story commercial space that is currently vacant. A cocktail lounge is also a permitted use under the CS-1 zoning district, however requires a Conditional Use Permit to be reviewed by the Planning Commission prior to establishing use. BASIS OF RECOMMENDATION: The proposed zoning should be consistent with the purpose statement of the district sought. The Commercial – Liquor Sales (CS-1) 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. Zoning changes should promote compatibility with adjacent and nearby uses. The CS-1-CO zoning district is compatible and consistent with the surrounding uses because there is commercial zoning (CS; CS-1; GR-MU; LR) at the site and immediately surrounding the site. The property is located within the Lamar & Ben White Activity Center as identified on the Growth Concept Map in the Image Austin Comprehensive Plan. 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 subject site is a small footprint within a larger commercial parcel at an intersection between level 4 (Menchaca Road) and level 2 (Fort View Road) roads less than a tenth of a mile to Ben White Boulevard, surrounded by diverse commercial zoning and uses. EXISTING ZONING AND LAND USES: ZONING Site North CS; LO-MU; LO CS South CS; CS-1 East CS; GR-MU; LR LAND USES Vacant commercial Personal Improvement Services; Administrative and Business Services Restaurant; Limited restaurant, many with drive through Personal Services; Automotive Repair services 1. 2. 3. 07 C14-2024-0140 - 1916 Fort View Rezone; District 52 of 11C14-2024-0140 Page 3 West CS-1-MU-CO; LR- MU-CO Restaurant; Cocktail lounge and Limited Restaurant; Automotive Repair Services Covington Middle School SCENIC ROADWAY: No NEIGHBORHOOD PLANNING AREA: South Lamar Combined (South Lamar) NP Area (plan suspended) WATERSHED: West Bouldin Creek - Urban CAPITOL VIEW CORRIDOR: No SCHOOLS: Austin Independent School District Joslin Elementary School COMMUNITY REGISTRY LIST: Austin Neighborhoods Council Austin Independent School District Friends of Austin Neighborhoods South Austin Neighborhood Alliance (SANA) Homeless Neighborhood Association Neighborhood Empowerment Foundation South Central Coalition South Manchaca Neighborhood Plan Contact Team AREA CASE HISTORIES: South Lamar Neighborhood Assn Perry Grid 614 Preservation Austin Save our Springs Alliance Go Austin Vamos Austin 78745 Crockett High School NUMBER C14-2018-0018 – 4101 Manchaca Condos C14-2014-0103 – Radio Coffee & Beer REQUEST SF-3 to MF-2 LR-MU-CO to CS-1 CITY COUNCIL Apvd GO-MU-CO, with condition limiting height to 45 feet (4/26/18) Apvd CS-1-MU-CO, and public RC COMMISSION To Grant staff Recommendation GO- MU (3/27/18) To Grant CS-1-CO, with conditions: to only allow GR permitted uses; GR site development standards; prohibit amplified music outdoors; and restrict outdoor amplified sound to southern portion. Another condition that was to be included in public RC: limit hours of operation of Cocktail Lounge to 6AM to 12midnight. 07 C14-2024-0140 - 1916 Fort View Rezone; District 53 of 11C14-2024-0140 Page 4 Commission did not recommend -MU combining district per staff’s recommendation To Grant LO-MU C14-2014-0150 – Whiddon .85 SF-3 to LO-MU Apvd LO-MU-CO, with conditions: 1) limiting daily trips to 500; 2) prohibits certain uses; 3) limits number of residential units to 2; 4) prohibits vehicular access to Gathright Cove. RELATED CASES: The subject property is within the boundaries of the South Lamar Combined (South Lamar) Neighborhood Planning Area, which has been suspended. ADDITIONAL STAFF COMMENTS: Comprehensive Planning Project Name and Proposed Use: 1916 FORT VIEW ROAD. C14-2024-0140. Project: 1916 Fort View Rezone. 0.033 acres from CS to CS-1. Existing: Vacant. Proposed: Liquor Store. No demolition indicated. 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 *: • Within Lamar & Ben White Activity Center for Redevelopment in Sensitive Environmental Areas Y Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or light rail station. • Bus stop present at the intersection of Fort View Rd and Menchaca Rd Y Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane. • Sidewalk present along Fort View Rd and Menchaca Rd Y Connectivity, Good and Services, Employment *: Provides or is located within 0.50 miles to goods and services, and/or employment center. • Goods and Services present along Menchaca Rd and W Ben White Blvd Y Connectivity and Food Access *: Provides or is located within 0.50 miles of a grocery store/farmers market. Y 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 0.3 miles to Randalls 0.3 miles to Joslin Elementary School walking trail. 0.5 miles to Joslin Neighborhood Park • • • • 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 Victory Medical clinic 07 C14-2024-0140 - 1916 Fort View Rezone; District 54 of 11C14-2024-0140 Page 5 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. Y Not located over Edwards Aquifer Contributing Zone or Edwards Aquifer Recharge Zone 9 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 located in the West Bouldin 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. 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. 07 C14-2024-0140 - 1916 Fort View Rezone; District 55 of 11C14-2024-0140 Page 6 Fire Department No comments. 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. This tract is already developed, and the proposed zoning change is a footprint within the existing development. Austin Transportation Department – Engineering Review The Austin Strategic Mobility Plan (ASMP) calls for 72 feet of right-of-way for Fort View Rd. It is recommended that 36 feet of right-of-way from the existing centerline should be dedicated for Fort View Rd. 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 Menchaca Rd. It is recommended that 40 feet of right-of-way from the existing centerline should be dedicated for Menchaca Rd. according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. The adjacent street characteristics table is provided below: Name ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route Fort View Rd. Level 2 72’ 69’ 38’ Yes Yes Yes Capital Metro (within ¼ mile) Menchaca Rd. Level 3 80’ 69’ 53’ Yes Yes Yes Austin Water Utility 07 C14-2024-0140 - 1916 Fort View Rezone; District 56 of 11C14-2024-0140 Page 7 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: Exhibit A: Zoning Map Exhibit A-1: Aerial Map Exhibit B: Applicant’s Summary Letter Public Correspondence 07 C14-2024-0140 - 1916 Fort View Rezone; District 57 of 11GR ( ( APTS. MF-2 = = = ( SF-3 ( = = = ( ( ( C14-2008-0096 ( ( F O RT VIE W R D ( 98-0078 ( SF-3 ( ( LO-MU 2007-0051 ( ( A U T O CS R E PAIR C14-2012-0117 ( LO-MU CS-1-MU-CO C14-2014-0103 C14-06-0115 06-0115 LR-MU-CO FL O RIS T CS-1 74-122 CS-1 REST ( ( ( LO-CO ( C14-03-0070 03-0070 = LO-CO C14-2007-0192 ( B E R T A V E ( 86-012 C. OF ( NO Z86-062 R ( ( ( LO-CO 98-0059 LO ( TOWNHOMES 84-348 P85-091 S 71-252 P84-029 P84-111 P C14-2017-0116 LO-MU-CO SF-6 = = = ( = = LO ( OFC. ( 84-160 = = G A T H RIG = = H T C V ( REAL ESTATE & LO 75-049 IN SU R A N C E C O. 72-234 81-136 ( ( LO-MU-CO ( C14-2014-0150 ( UNDEV ( ( ( LO C14-2018-0018 GO-MU-CO-NP 84-356 Subject Tract CS ! ! ! !! CONV.\STORE P O H Y S T U A E B GR-MU S C 9 3 1 4-0 9 P S ( GR APTS. ( FAST FOOD CS SP93-0057C FAST FOOD 85-009 SP86-004 80-221 S P85-076 PAIR E O\R T U A LR SF-3 ( ( 78-069 SF-6 C14-2020-0076 V E D ( N U SF-3 ( D W R Y VIE = SF-3 ( 5 11 5-0 0 E L L VA 6 3 1 3-0 0 H C R U H C C14-03-0136 LR-CO E FIC F O LO ( 11 84-0 1 5 84-0 C14-05-0115 SF-3-CO ( ( W B E N W HIT E BLV D E B GAS LO APARTMENTS W B E N W HITE BLV D S V R D W B R L D L E S S U R LO ( GR ( = = E FIC F O C 2R 1 83-0 CS SF-3 ( ( DAY\CARE C14-2017-0118 GR-MU 73-134 GR LO PA C K S A D DLE T O B E N W W B E N W HIT E BLV D W B HIT E B R A M P GROCERY GR-NP GAS CS-NP C14-2014-0017 STA. SP-01-0201C CS-NP E C. RIV O R D 92-97 LO-NP C14-92-0097 IN G D A R C A H C N E M GR-V-NP D R.S' O FIC E C14-2007-0216 C14-2014-0018 LO-NP LR-V-NP O S IN FFIC U R. E DR. D E N TIST LO-V-NP LR-V-NP SF-3-NP C14-2011-0162 ( ( W B E FAST N W HIT E BLV GR-V-NP C14-2007-0216 D S V R D E B ! ZONING ! ! R E D L R E M ! ! LO-NP ( ! ! ! ! ! ! ZONING CASE#: C14-2024-0140 !! SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY CHURCH ± 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 " = 200 ' 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: 11/21/2024 07 C14-2024-0140 - 1916 Fort View Rezone; District 58 of 11N A SUBJECT TRACT : : :-ZONING BOUNDARY c::J PENDING CASE c:J CREEK BUFFER 1916 Fort View Rezone ZONING CASE#: C14-2024-0140 LOCATION: 1916 Fort View Rd. SUBJECT AREA: 0.033 Acres MANAGER: Marcelle Boudreaux This product reference. has been produced by the Housing and Planning for the sole purpose of geographic No warranty is made by the City of Austin regarding specific or completeness. Department accuracy Created: 9/24/2024 07 C14-2024-0140 - 1916 Fort View Rezone; District 59 of 1107 C14-2024-0140 - 1916 Fort View Rezone; District 510 of 1107 C14-2024-0140 - 1916 Fort View Rezone; District 511 of 11