Item B-02 (C14-2019-0145 - HEB #17; District 10).pdf — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2019-0145 (HEB #17) DISTRICT: 10 ADDRESS: 10710 Research Boulevard ZONING FROM: GR, GR-CO, LO-CO, LR-CO, CS and CS-1 LO-CO* TO: GR SITE AREA: 13.92 acres 1.2297 acres* *On January 13, 2020, the applicant submitted a letter amending their rezoning request to a specific 1.2297 acre area on the western side of the property along Jollyville Road (Please see Exhibit A). PROPERTY OWNER/APPLICANT: Regency Centers, LP (Patrick Krejs) AGENT: Big Red Dog (Kendall Hackney, EIT) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMENDATION: The staff’s recommendation is to grant GR, Community Commercial District, zoning. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: February 4, 2020 CITY COUNCIL ACTION: March 12, 2020 ORDINANCE NUMBER: 1 of 11B-02ISSUES: N/A CASE MANAGER COMMENTS: The property in question is a 1.23 acre area of land fronting Jollyville Road. These parcels are part of a commercial shopping center located between U. S. Highway 183 (Research Boulevard) frontage road to the east and Jollyville Road to the west. The site is currently developed with a commercial shopping center that contains a grocery store (HEB). The applicant is requesting a rezoning of the property from LO-CO zoning to GR zoning to expand the existing retail center. The staff recommends Community Commercial District zoning for these parcels because the property is surrounded by multifamily, office and commercial uses/zoning to the north, south, east, and west. The property fronts and takes access to two arterial roadways, Jollyville Road and the northbound service road for U.S. Highway 183 North. This tract is located within a Future Core Transit Corridor and is on an Activity Corridor as designated in the Imagine Austin Comprehensive Plan. 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. 2. The proposed zoning should promote consistency and orderly planning. The proposed GR zoning would be compatible and consistent with the adjacent uses because this tract of land is surrounded by multifamily, office and commercial uses/zoning to the north, south, east, and west. The property in question is located within a Future Core Transit Corridor and on an Activity Corridor as a designated in the Imagine Austin Comprehensive Plan. 3. The proposed zoning should allow for a reasonable use of the property. The Community Commercial district would allow for a fair and reasonable use of the site. GR zoning is appropriate for this location because of the commercial character of the area. The proposed rezoning will allow the applicant to develop additional commercial services at this location with access to a freeway and two arterial roadways. 2 of 11B-02EXISTING ZONING AND LAND USES: LO-CO ZONING Site North LO-CO, GR-CO South LO-CO East West GR GO-CO, MF-2-CO, GO LAND USES Undeveloped Area, Parking Restaurant (Fujiyama), Service Station (Valero) Undeveloped Area, Parking Retail Center (Retail, Restaurants), Food Sales (HEB) Retirement Housing (Overture at Arboretum), Religious Assembly (Great Hills Baptist Church) NEIGHBORHOOD PLANNING AREA/AREA STUDY: Jollyville Road Area Study TIA: Not Required WATERSHED: Walnut Creek NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Bull Creek Foundation Bike Austin Friends of Austin Neighborhoods Great Hills VII HOA Homeless Neighborhood Association Long Canyon Homeowners Association Mountain Neighborhood Association (MNA) Neighborhood Empowerment Foundation North Oaks Neighborhood Association North Burnet/Gateway Neighborhood Plan Staff Liaison SELTEXAS Sierra Club, Austin Regional Group TNR BCP – Travis County Natural Resources CASE HISTORIES: NUMBER REQUEST COMMISSION CITY COUNCIL LO, GR to CS-MU-V C14-2017-0028 (Great Hills Mixed Use: 9828 Great Hills Trail and 10224 Research Boulevard) 10/17/17: Approved the staff’s recommendation for CS-MU-V zoning, with conditions (8-0, D. Breithaupt, Y. Flores and S. Trinh- absent); S. Lavani-1st, B. Evans-2nd. 12/14/17: Approved CS-MU-V-CO zoning on 1st reading, with a conditional overlay to prohibit the following uses: Adult-Oriented Business, Alternative Financial Services, Automotive Rentals, Automotive Repair Services, Automotive Sales Automotive Washing (of any type), Commercial Off-Street Parking, Exterminating Services, Funeral Services, Guidance 3 of 11B-02Services, Pawn Shop Services, Pedicab Storage and Dispatch, Residential Treatment, Service Station, Short-Term Rental, Urban Farm, Veterinary Services, Monument Retail Sales, Vehicle Storage, Kennels, Convenience Storage, Campground, Limited Warehousing and Distribution and Drive-in service as an accessory use to Restaurants (general) and Restaurants (limited) is prohibited within 200 feet of Jollyville Road and a public restrictive covenant for the TIA conditions/ recommendations. (9-1-1, J. Flannigan-No, E. Troxclair-off the dais); A. Alter-1st, L. Pool-2nd. 2/01/18: Ordinance No. 20180201-083 for general commercial services-mixed use- vertical mixed use building (CS- MU-V-CO) combining district zoning, with conditions was approved on Council Member Alter’s motion, Council Member Pool’s second on an 8-2 vote. Those voting aye were: Mayor Adler, Mayor Pro Tem Tovo, Council Members Alter, Garza, Houston, Kitchen, Pool and Renteria. Those voting nay were: Council Members Flannigan and Troxclair. Council Member Casar was off the dais. 12/15/05: Approved CS-CO, with CO to limit the site to 2,000 vtpd and prohibiting Pawn Shop Services and Adult Oriented Businesses, zoning by consent (7-0); all 3 readings 11/29/01: Approved LR-CO with conditions on 1st reading (7-0) 11/29/02: Case Expired SF-2 to CS C14-05-0182 (Cox Office Supply: 10938 Research Boulevard) C14-01-0127 LO-CO to GR 11/15/05: Approved staff’s recommendation for CS-CO zoning with additional conditions prohibiting Pawn Shop Services and Adult Oriented Businesses (7-0, J. Martinez, J. Gohil-absent); K. Jackson-1st, M. Hawthorne-2nd. 10/30/01: Approved LR-CO zoning with the condition of a 30-foot setback for structures from the property line along Jollyville Road (7-1, D. Castaneda-Nay, N. Spelman-Absent) 4 of 11B-02C14-90-0038 GR to CO 8/07/90: Approved GR-CO (6-0-2, HG/ CV-abstain) 9/06/90: Approved GR-CO w/ conditions (6-0), all 3 readings RELATED CASES: There are no pending related cases. OTHER STAFF COMMENTS: Comprehensive Planning The subject tract for this zoning case is located along two Imagine Austin Activity Corridors, West Braker Lane and Jollyville Road, and abuts the Imagine Austin North Burnet/Gateway Station Town Center to the east. The subject property is 0.92 acres in size, which is part of a larger 13.285 acre site that is located on the east side of Jollyville Road. The entire property consists of a large shopping center that abuts three major roads is located outside the boundaries of an adopted small area plan. Surrounding land uses includes commercial uses to the north and south; an apartment complex and church to the west; and commercial uses to the east. The proposal is to rezone a portion of the shopping center site that is zoned LO to reflect the majority of retail uses within the existing shopping center, which mostly consists of GR and CS zoning. The shopping center contains a large grocery store, several restaurants, a cocktail bar, a gas station/convenience store and several retail and medical office bays. Connectivity Public sidewalks and bike lanes are located along both sides of Jollyville Road and Braker Lane. A public transit stop abuts the subject property. Imagine Austin The subject tract falls just outside of the Imagine Austin designated North Burnet Gateway Town Center. Like many Imagine Austin Centers, this center is represented by a circle or globular shape that reflects the general location where the center should be located in the future. The center’s actual boundaries would need to be clarified through a small area planning process. The project is located along the Braker Lane and Jollyville Road, which are Imagine Austin Activity Corridors. Activity Corridors are intended to allow people to reside, work, shop, access services, people watch, recreate, and hang out without traveling far distances. They are characterized by a variety of activities and types of buildings located along the roadway — shopping, restaurants and cafés, parks, schools, single-family houses, apartments, public buildings, houses of worship, mixed-use buildings, and offices. The following Imagine Austin policies are applicable to this case: • LUT P3. Promote development in compact centers, communities, or along corridors that are connected by roads and transit that are designed to encourage walking and bicycling, and reduce health care, housing and transportation costs. • LUT P4. Protect neighborhood character by directing growth to areas of change that includes designated redevelopment areas, corridors and infill sites. Recognize that different neighborhoods have different characteristics and new and infill development should be sensitive to the predominant character of these communities. 5 of 11B-02Conclusion Based on the subject tract’s location along two Activity Corridors, mobility and connectivity strengths and the policies above, the proposed zoning change request supports Imagine Austin. Environmental The site is located over the North Edwards Aquifer Recharge Zone. The site is in the Walnut Creek Watershed, which is classified as a Suburban Watershed by Chapter 25-8 of the City's Land Development Code. It 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 % of Gross Site Area 45% % of Gross Site Area with Transfers 50% 60% 55% 65% 70% 60% 65% Single-Family Residential (min. lot size 5750 sq. ft.) One or Two Family Residential (lot size < 5750 sq. ft.) Multifamily Residential Commercial 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 t current water quality or Code requirements. Transportation Additional right-of-way maybe required at the time of subdivision and/or site plan. At the time of submittal of any site plan on the Property, a traffic impact analysis (“TIA”) is required if the proposed development or uses on the Property, considered cumulatively with all existing or previously authorized development and uses, generates traffic that exceeds 2,000 trips per day. The adjacent street characteristics table is provided below: 6 of 11B-02Route (Existing or Planned) Yes Yes Yes Capital Metro (within ¼ mile) Yes Yes Yes Name ROW Pavement Classification Sidewalks Bicycle Braker Lane Jollyville Rd Research Blvd 140’ 100’ 325’ Austin Water Utility 78’ 70’ Divided arterial ASMP Level 3 Yes ASMP Level 3 Yes ASMP Level 5 No 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 Austin Water for compliance with City criteria and suitability for operation and maintenance. 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: Applicant’s Amendment Request Letter B. Zoning Map C. Aerial Map 7 of 11B-028 of 11B-02EXHIBIT A 30194455.00 January 13, 2020 City of Austin Planning & Zoning Department 505 Barton Springs Road Austin, Texas 78704 RE: Engineer’s Summary Letter HEB Austin 17 Rezoning 10710 Research Boulevard, Austin, Texas To Whom It May Concern: Please accept this Engineer’s Summary Letter and report along with the accompanying zoning application submittal package for the proposed HEB Austin 17. The proposed project is located at 10710 Research Boulevard, located entirely within the Full Purpose limits of the City of Austin, in Travis County, Texas. The subject site is approximately ±13.285-acres and is currently developed with an existing retail building that includes HEB. The proposed project will consist of the design and construction of an expansion for the existing HEB building. The project includes necessary site improvements for access, utility services, grading and drainage improvements, and environmental protections. The intent is to amend City of Austin rezoning request under case C14-2019-0145 to rezone the western side of the property, a total area of 1.2297 acres as prescribed in the attached metes and bounds, from its current zoning of LO-CO to the proposed zoning of GR in order to be consistent with the sties primary zoning and existing use. To our knowledge, the enclosed application materials are complete, correct, and in full compliance with the Land Development Code and Technical Criteria Manuals of the City of Austin. Should you have any questions regarding this project or application, please do not hesitate to contact our office. Sincerely, WGI Texas Engineering Firm No. F-15085 Kendall Hackney, E.I.T Graduate Engineer 2021 East 5th Street, Suite 200, Austin, TX 78702 512.669.5560 WGInc.com 9 of 11B-02MF-2 SP-94-0217CS 95-0042 83-194RC 83-302 APARTMENTS 83-302 P82-77 MF-2 95-0042 95-0042 84-005 MF-2 LO OFFICE GO LO-CO 91-0080 PA R KIN G 83-102 94-143 OFF. GR STA. S P C 9 2-0 0 2 2 C GO-CO 94-143 GR C14-2017-0060 MINI O FF. S CS C 13R 82-2 H A 79-66 MILT O 88-021 WHSE CS 8 3 - 3 5 R O T S N LN CS-CO C14-05-0182 0 5 - 0 1 8 2 85-226 U P PLY S O T U A E G A GR C14-97-0136 SP93-0530C APARTMENTS 90-0065 95-0042 84-005 GO 86-320RC OFFICE MORADO CIR 90-0065 88-021 GR RETAIL CENTER LO OFFICE 79-13 SP93-0556C 78-151 SP90-0017C SERVICE STATION B S D R V S D V L B H C R A E S E R B S D V L B H C R A E S E R W BRAKER LN 88-022 N TIO SP92-0408C A T S CS C14-88-0022 GR-CO RETAIL SALES 91-0040 CS-1 SP88-0339C SHOPPING CENTER GR 79-32 GROCERY STORE 814-84-029 88-051 90-0065 96-0107 GO-CO ! ! ! LO-CO ! ! ! ! ! ! ( 80-94 D E R L IL V Y L L O J CHURCH LR-CO ( MF-2-CO 77-144 RZ87-029 85 -284 ! ! ! ! ! ! ! ! ! SP-02-0251C ( ! ! ! ! ! ! ! ! ! ! ! 93-77 SP94- 0253C LO-CO C14-95-0150 95-0150 GR-CO 90-0038 GR LO REST. 79-196 PARKING 80-86 R83-136RC 91-0025 94-0040 SP90-0176O SPORTS GYM BANK ( GR P M A R B S H C R A E S E R O T R E K A R B W PAR KING THEATRE 78-181 GR-CO GO SP97-134C CS-MU-V-CO C14-2017-0028 SPC88-0138C SP94-0365C S P 9 7 - 1 3 4 C R E S T. PARKING SP91-0039C REAL ESTATE SHOPPING CENTER OFFICE PARKING GREAT HILLS TRL GREAT HILLS TRL ZONING ZONING CASE#: C14-2019-0145 EXHIBIT B SETO N CE GR CS NTER PK W Y MEDICAL OFFICE B N D V L B H C R A E S E R 76 -85 GR 81-045 FURNITURE STORE GAS STA. GAS B N D R V S D V L B H C R A E S E R GRAVEL PIT CS C14-97-0034 CS-CO CONV. STRGE. OFC./RETAIL H A MILTO N LN 80-34 SP-99-0148C CS-CO 93-0009 GR-CO R86-266 LO P SP94-0258C 77-001 W H S E. C O M PLE X BOAT SALES BAR FAST FOOD FENCE CO. SP95-0472C AUTO SHOP MH MH MH MH 77-11 MH CELETA LN MH LUMBER NBG-NP 055 01-0 C14-01-0055 P M A R R E K A R B O T B N H C R A E S E R 85-244.7RC C14-2008-0182 SP93-0399C FIR E W O O D S ALE S FRUIT & PRODUCE GARDEN LANDSCAPING CENTER SP94-0099C MF-2 UNDEV P 84-104 86-291 APARTMENTS O CV D A R O M MF-2 APARTMENTS SP-93-0532C P U N D E V 84-005 90-0065 83-194 rc SP-85-123 SP-93-0530C 90-0065 SP85-123 84-005 83-194RC LO-CO SP95-0467C C14-90-0065 MF-1-CO 90-0065 96-0107 CHURCH SCHOOL GO SF-2 SPC92-0021C 88-0065 MF-3-CO APARTMENTS 84-318 83-302 91-0059 94-0013 A PA R T M E N TS 78-54 LO 84-75 OFFICE LO ± CS GREAT HILLS TRL GR SHOPPING CENTER GR SAVINGS & LOAN 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 CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Created: 1/13/2020 SPC92-0021C SP93-0444A GO 88-051 SP88-0339O SP94-0179C 10 of 11B-02MF-2 P H34 MF-2 CS J34 P MF-2 M O R A D O C V MF-2 LO-CO D R E L L I V Y L L O J GO LO H A GR EXHIBIT C MILT O N LN GR GR H C R A E S E R B S D R V S D V L B D N C H SVR RAKER TR RESEAR SB AT B GR-CO MF-1-CO MORADO CIR W BRAKER LN GR-CO CS GO-CO LO-CO CS-1 RESEARCH SVRD NB AT BRAKER TRN B S D V L B H C R A E S E R B N D V L B H C R A E S E R B N D R V S D V L B H C R A E S E R S B R A M P R E S E A R C H W B R A K E R T O B S D R V S D V L B H C R A E S E R CELETA LN H C R A E S E R O T B N P M A R R E K A R B NBG-NP Copyright nearmap 2015 GO H33 MF-3-CO GR J33 GO LR-CO MF-2-CO C14-2019-0145 LO-CO D R E L L I V Y L L O J GR GR-CO LO GR CS-MU-V-CO LO CS ± 1'' = 300' GR GR-CO GO HEB #17 SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2019-0145 10710 RESEARCH BLVD. SR SB .92 ACRES K35 Sherri Sirwaitis This map has been produced by the Communications Technology Management Dept. on behalf of the Planning Development Review Dept. for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 11 of 11B-02