Item B-04 (C14-2019-0103 - 9100 US-290 East; District 1).pdf — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2019-0103 – 9100 US-290 East Z.A.P. DATE: January 7, 2020 ADDRESS: 9100 US Highway 290 East AREA: 7.267 Acres OWNER: COCO04 Austin TX LP c/o Gladstone Commercial Corporation AGENT: Drenner Group PC (Dave Anderson) FROM: LI-CO TO: CS-CO SUMMARY STAFF RECOMMENDATION: Staff recommends CS-CO zoning, with conditions. The following conditions are proposed by the Applicant: 1. The following land uses shall be prohibited: Bed & breakfast (Group 1), Bed & breakfast (Group 2), Short term rental, Alternative financial services, Bail bond services, Commercial off-street parking, Drop-off recycling collection facility, Equipment sales, Funeral services, General retail sales (convenience), General retail sales (general), Hotel-motel, Indoor entertainment, Laundry services, Monument retail services, Off-site accessory parking, Pawn shop services, Pedicab storage and dispatch, Personal improvement services, Personal services, Plant nursery, Service station, Theater, Vehicle storage, Veterinary services, Transportation terminal, Automotive repair services, Automotive sales, Automotive washing (of any type), Campground, Kennels, Community events, Congregate living, Residential treatment, Transitional housing, Maintenance and service facilities, Outdoor entertainment, and Outdoor sports and recreation. Staff also recommends that the Traffic Mitigation Memorandum prepared by City Staff be attached to the property via public restrictive covenant (RC). CASE MANAGER: Heather Chaffin PHONE: 512-974-2122 e-mail: heather.chaffin@austintexas.gov Z.A.P. COMMISSION ACTION/RECOMMENDATION: January 7, 2020: December 3, 2019: To grant postponement to January 7, 2020 as requested by Staff, on consent. CITY COUNCIL ACTION: January 23, 2020: ORDINANCE NUMBER: 1 of 26B-04C14-2019-0103 Page 2 of 6 ISSUES: The Applicant proposes downzoning the subject property to allow a K-12 charter school to occupy an existing building on the site. The Applicant proposes carrying forward the prohibited land uses that were added with a zoning case in 2000, as well as adding more prohibited land uses. A public restrictive covenant (RC) was attached with that case that prohibits vehicular access to Springdale Road or Sansom Road, and assorted design and operation elements. The public RC remains in effect on the subject tract. Please see Exhibit E- Restrictive Covenant. DEPARTMENT COMMENTS: The subject property is a 7.267 acre tract located in the Tuscany Business Park northeast of US 290 and Ed Bluestein Boulevard. The rezoning tract is zoned LI-CO and is developed with a vacant building. The most recent occupant of the building was a trade/business school. Immediately west of the tract is a truck supply and repair business, also zoned LI-CO. Immediately north of the tract is a warehousing and distribution business zoned LI-CO. Further west are properties zoned GR-CO and GR that contain fast-food restaurants, financial services, and a convenience store. The property is bounded to the east by Sansom Road and Springdale Road. The area northeast of Sansom Road is located in the City Extraterritorial Jurisdiction (ETJ) and is developed with single family residences. Across Springdale Road is a mix of commercial uses including food sales, alternative financial services, and automotive supply/repair. These properties are zoned DR and LO. The property has frontage on and takes vehicular access to the westbound frontage road of US-290. Please see Exhibits A and B- Zoning Map and Aerial Map. The subject property was zoned LI-CO in 2000 (City File #C14-00-2120). The conditions applied to the property included compliance with a traffic impact analysis (TIA), prohibited access to Springdale Road or Sansom Road, and a long list of prohibited land uses. A revised TIA has been approved by the City in conjunction with the proposed rezoning; the land uses prohibited in the 2000 ordinance are proposed to continue with the requested GR-CO. Please see Exhibits C and D- Zoning Ordinance and TIA Memorandum. As stated in the Issues section, there is an existing public RC on the subject property. The RC was established in conjunction with zoning case in 2000. The RC addresses items similar to compatibility standard along the eastern property line, across Sansom Road where the residential neighborhood is located. Since the neighborhood is in the ETJ, compatibility standards are not required by City Code. The RC also repeats the prohibition of vehicular access to Sansom Road or Springdale Road. Please see Exhibit E- Restrictive Covenant. Staff has received correspondence in opposition to the proposed rezoning. Please see Exhibit F- Correspondence. Staff supports the rezoning request, with the conditions listed on page 1. The prohibited uses offered by the Applicant reflect the existing conditions and the TIA Memorandum provides more up-to-date traffic information than the TIA associated with the existing zoning. LI zoning is more intense and permissive of most land uses but does not permit private K-12 education, as the Applicant proposes for the vacant building. Although the tract has access to Tuscany Way through internal driveway connections, primary access is to US-290. Per the TIA Memorandum, a Transportation Management Plan (TMP) will be required at time of site 2 of 26B-04C14-2019-0103 Page 3 of 6 plan showing pick-up/drop-off locations, queuing, and internal circulation. Lastly, the proposed Land Development Code identifies this property and most of the Tuscany Business Park as Industrial Flex, which permits private K-12 educational schools. Please see Exhibit G-Draft Proposed LDC Zoning Exhibit.BASIS OF RECOMMENDATION: 1.The proposed zoning should be consistent with the purpose statement of the districtsought.Community commercial (GR) district is the designation for an office or other commercial use that serves neighborhood and community needs and that generally is accessible from major traffic ways. The subject property is accessible from the US-290 westbound frontage road, and the proposed K-12 land use would provide a neighborhood and community service. 2.Zoning should promote a transition between adjacent and nearby zoning districts,land uses, and development intensities.LI-CO zoned properties are located immediately north and west of the rezoning tract, but GRand GR-CO zoned properties are located around intersections (Tuscany Way, SpringdaleRoad on the south side of US-290). Rezoning this tract to GR-CO would provide a similarpattern at the northwest intersection of US-290 and Springdale Road. This would alsoprovide a transition between the LI-CO area and DR and LO tracts to the east, as well as theresidential neighborhood located in the ETJ to the northeast.EXISTING ZONING AND LAND USES: ZONING LAND USES Site LI-COVacant building North LI-CO, ETJ/Travis CountyWarehouse/distribution, Mixed limited industrial, US Post Office, Residential neighborhood South GR-CO, GR, LI-CO, I-RR Automotive repair, Automotive rental, Undeveloped West LI-CO, GR-CO, GRAutomotive repair services, Restaurant- Limited, Financial services East DR, LO, ETJ/Travis County Food sales, Alternative financial services, Automotive repair services, Residential neighborhood TRANSPORTATION 3 of 26B-04C14-2019-0103 Page 4 of 6 AREA CASE HISTORIES: NUMBER REQUEST COMMISSION CITY COUNCIL C14-2013-0105 Central Freight Industrial Lot 8601 Tuscany Way I-RR to LI-CO Conditions: < 2,000trips per day; no vehicular access fromSansom Road or Bosque Lane; shieldedlighting adjacent to residential incounty; prohibited uses: auto repairsvs., campground, equip. repair svs.,vehicle storage, retail sales (gen/conv.),resource extraction, kennels, residentialtreatment, outdoor sports & recreation,trans. housing, scrap & salvage, autowashing (any type), exterminating svs.,basic industry, railroad facilities,congregate living, outdoorentertainment, adult orientedbusinesses, food sales.11/19/2013: To grant as recommended, w/ addition: prohibit adult oriented use 12/12/2013: Approve as rec by ZAP Ord # 20131212-109 TIA: See attached memorandum (Exhibit D) WATERSHED: Walnut Creek NEIGHBORHOOD ORGANIZATIONS: Walnut Place Neighborhood Association Harris Branch Residential Property Owners Association North Growth Corridor Alliance Harris Branch Master Association, Inc. Austin Independent School District OTHER STAFF COMMENTS: COMPREHENSIVE PLAN Connectivity - The Walkscore for this site is 23/10, Car Dependent, meaning almost errands require a car. There are public sidewalks and a lighted crosswalk located along this section of US 290, which is adjacent to this property. There are no public sidewalks located along this section of Springdale Road or Sansom Road. There are also no bike lanes in the area. A CapMetro Transit stop is located less than 200 feet from the subject property, along US 290. The mobility and connectivity options are average and is not reflected in the low Walkscore. Imagine Austin - Imagine Austin identifies this property as being located along an ‘Activity Corridor,’ (Springdale Road) as identified on the Imagine Austin’s Growth Concept Map. Activity Corridors are intended as locations for additional people and jobs above what currently exists on the ground. They are characterized by a variety of activities and types of buildings located along the roadway, and are intended to allow people to reside, work, shop, access services, people watch, recreate, and hang out without traveling far distances. The following Imagine Austin text and policies are applicable to this case: oGrow as a compact, connected city: Austin's long-term sustainability requires a freshfocus on redevelopment and infill within the city's developed areas. Favoring compact4 of 26B-04C14-2019-0103 Page 5 of 6 growth now provides a balance to earlier decades of sprawling, low-density development. More compact growth contains costs and limits the need for tax increases by capitalizing on the land and infrastructure already in place. It also enhances human connections, innovation, and urban vibrancy. Creating a more compact and efficient city is critical to our ability to connect people to homes, jobs, schools, and other destinations with a more complete transportation system that is affordable to build, operate, and maintain.  LUT P4. Protect neighborhood character by directing growth to areas of change thatinclude designated redevelopment areas, corridors and infill sites. Recognize thatdifferent neighborhoods have different characteristics and new and infill developmentshould be sensitive to the predominant character of these communities. HN P10. Create complete neighborhoods across Austin that have a mix of housingtypes and land uses, affordable housing and transportation options, and access to healthyfood, schools, retail, employment, community services, and parks and recreation options.There are a variety of mobility (public sidewalks, crosswalk and Cap Metro stop) andconnectivity options (several restaurants, retail uses and a coffee shop) in the area. Theproposed project appears to support the policies of the Imagine Austin ComprehensivePlan.SITE PLAN SP1. Site plans will be required for any new development other than single-family or duplex residential. SP2. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. SP3. FYI: Additional design regulations will be enforced at the time a site plan is submitted. SP4. FYI: The subject property is included in an approved site plan SP-00-2032C(XT4). SP5. The applicant is responsible for requesting relocation and demolition permits once the site plan is approved. The City Historic Preservation Officer will review all proposed building demolitions and relocations prior to site plan approval. If a building meets city historic criteria, the Historic Landmark Commission may initiate a historic zoning case on the property. TRANSPORTATION ENVIRONMENTAL 1.The site is not located over the Edwards Aquifer Recharge Zone. The site is in theDesired Development Zone. The site is in the Walnut Creek Watershed of the ColoradoRiver Basin, which is classified as a Suburban Watershed by Chapter 25-8 of the City's Land5 of 26B-04C14-2019-0103 Page 6 of 6 Development Code. Under current watershed regulations, development or redevelopment on this site will be subject to the following impervious cover limits: Development Classification % of Net Site Area % with Transfers Single-Family (minimum lot size 5750 sq. ft.) 50% 60% Other Single-Family or Duplex 55% 60% Multifamily 60% 70% Commercial 80% 90% 2.According to floodplain maps there is no floodplain within or adjacent to the projectlocation.3.Standard landscaping and tree protection will be required in accordance with LDC 25-2and 25-8 for all development and/or redevelopment.4.Under current watershed regulations, development or redevelopment requires water qualitycontrol with increased capture volume and control of the 2 year storm on site.WATER UTILITY The landowner intends to serve the site with City of Austin water and wastewater utilities. The landowner, at own expense, will be responsible for providing any water and wastewater utility improvements, offsite main extensions, utility relocations and or abandonments required by the land use. The water and wastewater utility plan must be reviewed and approved by the Austin Water Utility for compliance with City criteria. 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. The landowner must pay the City inspection fee with the utility construction. The landowner must pay the tap and impact fee once the landowner makes an application for a City of Austin water and wastewater utility tap permit. INDEX OF EXHIBITS TO FOLLOW A: Zoning Map B.Aerial ExhibitC.Zoning OrdinanceD.TIA MemorandumE.Restrictive CovenantF.CorrespondenceG.Draft Proposed LDC Zoning Exhibit6 of 26B-04!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!C14-2013-0105C14-98-0189C14-00-2120C14-2011-0068C14-97-0111C14-2013-0026C14-05-0164C14-06-0108C14-97-0137C14-98-0188C14-2009-0015C14-98-0188C14-03-0054C14-96-0030C14-2011-0143C14-97-0071C14-96-0030C14-96-0027TUSCANY WAYSPRINGDALE RDE US 290 HWY EBE US 290 HWY WBE US 290 HWY SVRD EBSANSOM RDE US 290 HWY SVRD WBVARA DRCARLA DRQUIETTE DRFERGUSON CTOFE US 290 EB RAMPE US 290 WB RAMPBOSQUE LNCROSS PARK TO E US 290 WB RAMPPLILI-COLI-COLI-COLI-COLODRI-RRDRGR-COI-RRGR-COI-RRDRI-RRGR-COGRGRGR-COWHSE97-0111041118-1398-018898-018996-003006-010800-2120SP-04-0074C7A-04-021SP-06-0441CSP-00-2033CSP-01-0398CSP-02-0425DANNEX 911219-ACONV.C7A-02-011BODY SHOPGASSP-00-2032C(XT3)97-0111SP-00-2033C98-0189041118-13ZONING±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 theapproximate relative location of property boundaries.This product has been produced by CTM for the sole purpose of geographic reference. No warranty is madeby the City of Austin regarding specific accuracy or completeness.ZONING CASE#:C14-2019-0103SUBJECT TRACT!!!!!!PENDING CASEZONING BOUNDARY1 " = 400 'Created: 8/5/2019EXHIBIT A7 of 26B-04EXHIBIT B8 of 26B-04ORDINANCE NO. 001207-10AN ORDINANCE REZONING AND CHANGING THE ZONING MAPACCOMPANYING CHAPTER 25-2 OF THE CITY CODE AS FOLLOWS:LOTS 4, 5, AND 6 BLOCK "B", TUSCANY BUSINESS PARK SUBDIVISION,FROM COMMUNITY COMMERCIAL-CONDITIONAL OVERLAY (GR-CO)COMBINING DISTRICT TO LIMITED INDUSTRIAL SERVICES--CONDITIONAL OVERLAY (LI-CO) COMBINING DISTRICT, LOCALLYKNOWN AS 8331 TUSCANY WAY, IN THE CITY OF AUSTIN, TRAVISCOUNTY, TEXAS.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 tochange the base district from community commercial-conditional overlay (GR-CO)combining district to limited industrial services-conditional overlay (LI-CO) combiningdistrict on the property described in File C14-00-2120, as follows:Lots 4, 5, and 6, Block "B" Tuscany Way Subdivision, a subdivision in the City ofAustin, Travis County, Texas, according to the map or plat of record in DocumentNo. 199900261 of the Real Property Records of Travis County, Texas, (the"Property")locally known as 8331 Tuscany Way, in the City of Austin, Travis County, Texas, andgenerally identified in the map attached as Exhibit "A".PART 2. The Property within the boundaries of the conditional overlay combining districtestablished by this ordinance is subject to the following conditions:1. A site plan or building permit for the Property may not be approved, released, orissued, if the completed development or uses of the Property, considered cumulativelywith all existing or previously authorized development and uses, generate traffic thatexceeds the total traffic generation for the Property as specified in that certain TrafficImpact Analysis ("TIA") prepared by WHM Transportation Engineering Consultants,Inc., dated October 1998, or as amended and approved by the Director of theDevelopment Review and Inspection Department. All development on the Property issubject to the recommendations contained in the memorandum from theTransportation Review Section of the Development Review and InspectionPage 1 of 3EXHIBIT C9 of 26B-04Department, dated May 11, 1999. The TIA shall be kept on file at the DevelopmentReview and Inspection Department.Vehicular access from the Property to Sansom Road and Springdale Road isprohibited. All vehicular access to the Property shall be from other adjacent publicstreets or through other adjacent property.The following uses of the property are prohibited on Lot 6, Block "B":Agricultural sales and servicesAutomotive repair servicesCampgroundConstruction sales and servicesDrop-off recycling collection facilityFinancial servicesFuneral servicesGeneral retail sales (general)Indoor entertainmentKennelsMedical offices-any sizeOff-site accessory parkingPersonal improvement servicesPlant nurseryResearch servicesRestaurant (general)Services stationVehicle storageBasic industryGeneral warehousing and distributionCongregate livingMaintenance and service facilitiesResidential treatmentAutomotive rentalsAutomotive salesCommercial off-street parkingConsumer convenience servicesEquipment salesFood salesGeneral retail sales (convenience)Hotel-motelIndoor sports and recreationLaundry serviceMonument retail salesOutdoor sports and recreationPersonal servicesProfessional officeRestaurant (drive-in, fast food)Restaurant (limited)TheaterVeterinary servicesRecycling centerResource extractionEmployee recreationRailroad facilitiesExcept as specifically restricted under this ordinance, the Property may be developed andused in accordance with the regulations established for the limited industrial services (LI)base district and other applicable requirements of the City Code.PART 3. The Council waives the requirements of Section 2-2-3, 2-2-5, and 2-2-7 of theCity Code for this ordinance.Page 2 of 310 of 26B-04PART 4. This ordinance takes effect on December 18, 2000.PASSED AND APPROVEDDecember 7., 2000§§§APPROVED: LMMwe*oAndrew MartinCity AttorneyEST:Kirk WatsonMayorShirley A. BrownCity ClerkPage 3 of 311 of 26B-04MAV-400'SUBJECT TRACTPENDING CASEZONING BOUNDARYCASEMGR: C.PATTERSONACASE #: C14-00-2120ADDRESS: 8331 TUSCANY WAYSUBJECT AREA (acres): 16.850DATE: 00-08INTLS: TRCCITY GRIDREFERENCENUMBERN2712 of 26B-04EXHIBIT D13 of 26B-0414 of 26B-04EXHIBIT E15 of 26B-0416 of 26B-0417 of 26B-04EXHIBIT F18 of 26B-0419 of 26B-0420 of 26B-0421 of 26B-0422 of 26B-0423 of 26B-0424 of 26B-0425 of 26B-04EXHIBIT G26 of 26B-04