11 C14-2025-0042 - 9117 Northgate Rezone; District 4 - Staff Report — original pdf
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ZONING CHANGE REVIEW SHEET CASE: C14-2025-0042 (9117 Northgate Rezone) DISTRICT: 4 ADDRESS: 9117 Northgate Boulevard ZONING FROM: GO-CO-NP TO: GR-CO-NP SITE AREA: 1.0662 acres PROPERTY OWNER: Nuraminco Inc.(Abdul Patel) APPLICANT/AGENT: Land Answers, Inc. (Tamara Mitchell) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMEDATION: Staff recommends GR-CO-NP, Community Commercial-Conditional Overlay- Neighborhood Plan Combining District, zoning. The conditional overlay will prohibit Automotive Rentals, Automotive Sales, Automotive Washing (of any type) and Service Station uses on the property. PLANNING COMMISSION ACTION / RECOMMENDATION: May 13, 2025 CITY COUNCIL ACTION: ORDINANCE NUMBER: 11 C14-2025-0042 - 9117 Northgate Rezone; District 41 of 11 ISSUES: N/A CASE MANAGER COMMENTS: The property in question is a grassy, undeveloped tract of land that slopes steeply to the south. There is floodplain covering the southern boundary of the site with a natural detention/culvert (Little Walnut Creek). There are multifamily residential developments to the north, south and west zoned MF-3-NP. To the south, there is a retail center zoned GR- NP. The applicant is requesting a rezoning from GO-CO-NP to GR-CO-NP to develop a restaurant on this 1.07 acre parcel. This property is located within the North Austin Civic Association (NACA) Neighborhood Plan. The current and use designation on the FLUM is Commercial land use. Therefore, a plan amendment is not required and the proposed zoning is consistent with the FLUM designation. The staff is recommending GR-CO-NP, Community Commercial-Conditional Overlay- Neighborhood Plan Combining District zoning. The staff is proposing a conditional overlay to prohibit automotive and service station uses in this case because property contains floodplain and is located adjacent to existing residential developments. The proposed rezoning will allow for additional services within walking distance of higher density residential uses. There is Capital Metro bus service along Northgate Boulevard (Routes 324 & 481) and the site under consideration is located across from a Capital Metro bus stop (#3155 – 9120 Northgate/Rundberg). This property is within 0.07 miles of the Rundberg Lane/Ferguson Activity Corridor and 0.10 miles of the North Burnet/Gateway Station Regional Center. The applicant agrees with the staff’s recommendation. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. Community Commercial 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 traffic ways. 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. Neighborhood Plan district denotes a tract located within the boundaries of an adopted Neighborhood Plan. 11 C14-2025-0042 - 9117 Northgate Rezone; District 42 of 11 2. Zoning changes should promote an orderly and compatible relationship among land uses. The proposed rezoning will create a transition in the intensity of permitted uses from the GR-NP zoning to the south to the MF-3-NP uses along Northgate Boulevard to the north. GR-CO-NP zoning will permit the applicant to develop the site with low intensity commercial uses that will provide services to the surrounding residential neighborhood. 3. Zoning should allow for reasonable use of the property. The proposed rezoning will allow for reasonable use of a property with development constraints (floodplain), with a CO prohibiting more intensive commercial uses, while maintaining the character of the surrounding residential area. EXISTING ZONING AND LAND USES: ZONING GO-CO-NP Site North MF-3-NP South GR-NP, LR-NP East MF-3-NP West MF-3-NP LAND USES Undeveloped Multifamily (The Horseshoe Ventura Apartments) Floodplain (Little Walnut Creek), Retail Center (Vigo, Bari Agent, MoneyGram, United Cerebral Palsy, Acima Salon, Luna de Plata Salon, Discoteca Latino, Caritas of Austin North, Las Cascadas Laundry Center, Cricket Wireless), Multifamily (Colony Creek Apartments) Multifamily (The Berkley Apartments), Convenience Store (Sunrise Mini Mart) Multifamily (Pathways at Northgate, Serena Park Apartments) NEIGHBORHOOD PLANNING AREA: North Austin Civic Association Neighborhood Plan WATERSHED: Little Walnut Creek CAPITOL VIEW CORRIDOR: N/A SCENIC ROADWAY: N/A NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District, Austin Neighborhoods Council, Friends of Austin Neighborhoods, Go Austin Vamos Austin - North , Homeless Neighborhood Association, North Austin Civic Association, North Austin Civic Association Neighborhood Plan Contact Team (NACA NPCT), Shoal Creek Conservancy 11 C14-2025-0042 - 9117 Northgate Rezone; District 43 of 11 SCHOOLS: Austin I.S.D. AREA CASE HISTORIES: NUMBER C14-2009-0027 (9052 Galewood) C14-2009-0013 (Northgate Laudromat: 9117 Northgate Blvd.) C14-05-0030 REQUEST GR-NP to GR-MU-NP MF-3-NP to GO-CO-NP MF-3-NP to LR-NP C14-01-0037 SF-2, SF-3, MF-2, MF-3, LO, LR, GR, CS, CS-1, LI, LI-CO to MF-2-NP, NO-NP, LO-NP, GR-NP, CS- NP, P-NP, LI-NP COMMISSION 7/14/09: Case Expired CITY COUNCIL N/A 5/12/09: Approved staff’s recommendation for GO-CO-NP district zoning (6-0; S. Kirk, P. Hui and C. Ewen-absent); C. Small-1st, J. Reddy-2nd. 6/14/05: Approve the LR-CO- NP zoning request and plan amendment with additional recommendation that hours be limited, a 2,000 vehicle trip limit per day, and that the City Council public hearing notice include the opportunity to add MU, Mixed Use Combining District. Vote: (7-0, C. Galindo- absent); J. Reddy- 1st, M. Moore-2nd. 4/17/01: Approved staff rec. of NO-NP, CS-NP, MF-2-NP, LO- NP, GR-NP, P-NP, LI-NP (9-0) 6/18/09: Approved GO-CO-NP zoning by consent on all 3 readings (7-0); L. Leffingwell-1st, L. Morrison-2nd. 10/06/05: Denied request for LR-NP (7-0) 5/24/01: Approved PC rec. on all 3 readings (except Tract 9-on 1st reading only); (6-0) 8/09/01: Approved CS-NP for Tract 9 (7-0); 2nd/3rd readings C14-93-0151 GR to LI 1/04/94: Approved LI-CO with conditions and R.C. (8-1) 2/03/94: Approved LI-CO (5-0); 1st reading C14-93-0064 MF-3 to LI C14-92-0106 GR to LI 6/15/93: Approved LI, prohibiting several uses agreed to by the neighborhood and the applicant 12/08/92: Approved LI-CO 4/14/94: Approved LI-CO (6-0); 2nd/3rd readings 7/01/93: Approved LI-CO (7-0); all 3 readings 12/17/92: Approved LI-CO with conditions, 1st reading 11 C14-2025-0042 - 9117 Northgate Rezone; District 44 of 11 2/25/93: Approved LI-CO with conditions, 2nd/3rd readings RELATED CASES: C14-2009-27, C14-2009-0013, C14-05-0030 – Previous Zoning Cases NPA-2009-0007.01, NPA-2008-0007.01, NPA-05-007.01 – Previous Neighborhood Plan Amendments C14-01-0037 (North Austin Civic Association Neighborhood Plan Rezonings) OTHER STAFF COMMENTS: Comprehensive Planning Project Name and Proposed Use: 9117 NORTHGATE BOULEVARD. C14-2025-0042. Project: 9117 Northgate Rezone. 1.0662 acres from GO-CO-NP to GR-CO-NP. Existing; vacant. Proposed: restaurant. 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 *: • 0.07 miles to Rundberg Lane/Ferguson Activity Corridor; 0.10 miles to North Burnet/Gateway Station Regional Center Y Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or light rail station. • Adjacent to bus stop along Northgate Blvd Y Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane. • Sidewalk present along Northgate Blvd 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 Research Blvd; Employment opportunities located in the business center to the north-west Y Connectivity and Food Access *: Provides or is located within 0.50 miles of a grocery store/farmers market. • 0.5 miles to La Hacienda Market grocery store Y Connectivity and Education *: Located within 0.50 miles from a public school or university. • 0.4 miles to Padron Elementary School 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, 11 C14-2025-0042 - 9117 Northgate Rezone; District 45 of 11 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 7 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 Little Walnut 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 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. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. 11 C14-2025-0042 - 9117 Northgate Rezone; District 46 of 11 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 sq. ft. 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. Parks and Recreation 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 except for residential only projects with up to 4 units. Any new development is subject to LDC Subchapter E Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. Transportation The Austin Strategic Mobility Plan (ASMP) calls for 58 feet of right-of-way for Northgate Blvd. It is recommended that 29 feet of right-of-way from the existing centerline should be dedicated for Northgate Blvd according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. There is a proposed Urban Trail running the center of the property, loosely following Quail Creek. The adjacent street characteristics table is provided below: Name ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route Capital Metro (within ¼ mile) 11 C14-2025-0042 - 9117 Northgate Rezone; District 47 of 11 Northgate Blvd Level 1 58 feet 73 feet 43 feet Yes No Yes Water Utility No comments. INDEX OF EXHIBITS TO FOLLOW A: Zoning Map B. Aerial Map C. Applicant’s Request Letter 11 C14-2025-0042 - 9117 Northgate Rezone; District 48 of 11C14-2008-0182 NBG-NP NBG-NP C14-2008-0182 D V L R I C B T M E 85 R-5 2 LI-NP WHSE DISTRICT 73 -1 4 2 APTS. 01-0037 SP93-0360C LI-NP SP-98-0076C WHSE DISTRICT 93-0064 SP- 00-2142C SP93=0356C LI-CO-NP RZ86-034 80-157 PUD-NP C814-82-001 PUD-NP APTS. P O O T L S E W 01-0037 LI-CO-NP MF-3-NP 01-0037 W R U N D B E R G L N RZ87-040 01-0037 MF-3-NP AUTO PARTS D V L Y B A R G LI-NP K CIR C E B SP-00-2193C SP94-0250C LI-NP EXHIBIT A 01-0037 R D D N A L T U R MF-2-NP MF-2-NP SF-3-NP SF-3-NP SF-3-NP E L A W V O D A E E M E L W VA O D A E M MF-3-NP 01-0037 LR-NP PUD-NP PUD-NP 01-0037 MF-3-NP 01-0037 ! ! R AIL D U G Q GIN SIN ! ! PUD-NP 01-0037 H A R LIQ UIN R U N LR-NP MF-3-NP D LV E B AT G H T R O N ! ! ! ! ! ! NPA-2009-0007.01 C14-01-0037 C14-2009-0013 ! C14-2008-0059 NPA-2008-0007.01 ! ! ! GO-CO-NP ! ! GR-NP ! ! ! APTS. CP73-31 GR-NP NPA-2009-0007.02 SP95-0358CS MF-2-NP SF-3-NP SF-3-NP E CIR G RID T R A P SF-3-NP 01-0037 ( ( ( R D D O O W E L A G S. T P A MF-2-NP R LN E T ( ( ( OIN W P ( ( ( SF-3-NP ( ( ( ( ( ( ( ( R E D ( ( ( L A D R RIA B ( SF-3-NP ( ( ( SF-3-NP ( ( ( ( N R L E T OIN P ( ( ( ( ( SF-3-NP ( ( ( ( ( ( SF-3-NP ( C OLO N Y C ( ( R E E K D R ( ( ( E C R S T R E T N U H ( SF-3-NP ( PUD-NP 88-0122 ( ( SF-3-NP ( ( ( ( ( SF-3-NP ( ( B U R N E T R E S E A R E S E 92-0106 SHOPPING CENTER SP93-0258C LI-CO-NP 93-0151 01-0037 APTS. APTS. DISCOUNT STOR E 69-143 SP93-0258C C 25 4 P-01-0 S 51 1 00-2 GR-CO-NP ( C14-2024-0026 00-2167 CHURCH S. T P A ( ( ZONING ZONING CASE#: C14-2025-0042 73-142 GR-NP APTS. R E S E A R C H N B T O M E T R I C R A M P 69-143 P83-57 SHOP PING CEN TER 80 -1 3 6 86-001 CS-NP 80-136 75 -1 5 0 74-150 GR-NP R E S T . LO-MU-NP N U R S E R Y PAYT O N GIN R D T I R E C O . MF-2-NP R M D A N T U P MF-2-NP MF-2-NP S. T P A GR-NP S AV I N G S & L O A N CS-CO-NP 95-0173 P A Y T O N G I N T O T O R E S E A R C H R C H B L V D N B R A A R C N M H B P S B R A M P R E S E A R C H B L V D S V R D S B R E S E A R C H B L V D S V R D N B R E S E A R C H B L V D S B ± 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: 3/28/2025 11 C14-2025-0042 - 9117 Northgate Rezone; District 49 of 11 EXHIBIT B !!!!!!!!!!!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(C14-2025-0042C14-01-0037NPA-2009-0007.02C14-2024-0026C14-2008-0182C14-2009-0013C14-2008-0059NPA-2008-0007.01C14-2008-0182NPA-2009-0007.01COLONY CREEKDRNORTHGATEBLVDRUTLAND DRRESEARCH BLVD NBRESEARCH BLVD SBMEADOW VALEPUTNAM DRGALEWOODDRRESEARCH BLVD SVRD NBMETRICBLVDW RUNDBERG LNRESEARCH BLVD SVRD SBBECKCIRHUNTERS TRCEBRIARDALE DRW POINTER LNWESTLOOPRESEARCHNBTOMETRICRAMPPAYTON GIN TO RESEARCH NB RAMPRESEARCHSBTOPAYTONGIN RAMPPOINTERLNSINGING QUAIL DRPAYTON GIN RDPARTRIDGECIRE MEADOW VALEHARLIQUIN RUNGRAYBLVDGR-NPGR-NPMF-3-NPLI-NPMF-2-NPLI-NPCS-NPMF-2-NPSF-3-NPMF-3-NPLI-CO-NPMF-3-NPPUD-NPPUD-NPSF-3-NPMF-3-NPPUD-NPPUD-NPLI-CO-NPSF-3-NPGR-NPGR-NPGR-NPSF-3-NPLI-CO-NPPUD-NPSF-3-NPLI-NPSF-3-NPSF-3-NPMF-3-NPSF-3-NPPUD-NPMF-2-NPCS-CO-NPNBG-NPSF-3-NPSF-3-NPSF-3-NPLI-NPLR-NPNBG-NPLO-MU-NPMF-2-NPMF-2-NPMF-2-NPSF-3-NPSF-3-NPGO-CO-NPGR-CO-NPSF-3-NPLR-NPMF-2-NP9117 Northgate Rezone±This product has been produced by Planning Department for the sole purpose of geographic reference. No warranty ismade by the City of Austin regarding specific accuracy or completeness.ZONING CASE#:LOCATION:SUBJECT AREA:MANAGER:C14-2025-00429117 Northgate Blvd1.0662 AcresSherri SirwaitisCreated: 4/1/2025SUBJECT TRACTZONING BOUNDARY!!!!!PENDING CASECREEK BUFFER1 inch equals 400 '11 C14-2025-0042 - 9117 Northgate Rezone; District 410 of 11EXHIBIT C 11 C14-2025-0042 - 9117 Northgate Rezone; District 411 of 11