B-09 (C14-2019-0159 - Arboretum Lot 9; District 10).pdf

Zoning and Platting Commission – Feb. 18, 2020

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ZONING CHANGE REVIEW SHEET CASE: C14-2019-0159 (Arboretum Lot 9) DISTRICT: 10 ADDRESS: 9401 Arboretum Boulevard ZONING FROM: GR, CS, CS-1 TO: GR-MU SITE AREA: 15.20 acres (662,112 sq. ft.) PROPERTY OWNER: GF-ARB C, Ltd. % Live Oak Gottesman AGENT: Drenner Group, PC (Amanda Swor) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMENDATION: Staff recommends GR-MU, Community Commercial-Mixed Use Combining District, zoning. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: February 4, 2020: Postponed to February 18, 2020 at the applicant's request by consent (9-0, J. Kiolbassa-absent); H. Smith-1st, N. Barrera-Ramirez-2nd. February 18, 2020 CITY COUNCIL ACTION: February 20, 2020 ORDINANCE NUMBER: B-091 of 33C14-2019-0159 2 ISSUES: N/A CASE MANAGER COMMENTS: The site under consideration is a 15+ acre property located at the northwest corner of North Capital of Texas Highway and Arboretum Boulevard. The property is currently an undeveloped parcel within a retail center, adjacent to a detention pond and a parking garage. The applicant is requesting a rezoning of the property from GR, CS and CS-1 zoning to GR- MU zoning to allow for mixed use development. The staff recommends GR-MU zoning for the property in question as it meets the intent of the Community Commercial-Mixed Use Combining District. This tract of land is surrounded by commercial uses/zoning to the north, east, and west. The property fronts and takes access to an arterial roadway, Arboretum Boulevard and a state highway, North Capital of Texas Highway. Site is located on an Activity Corridor, the Arboretum Boulevard 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. The purpose of a mixed use (MU) combining district is to allow office, retail, commercial, and residential uses to be combined in a single development. 2. The proposed zoning should promote consistency and orderly planning. The proposed GR-MU zoning would be compatible and consistent with the adjacent uses because this tract of land is surrounded by office and commercial uses/zoning to the north, south, east, and west. The property in question is located on an Activity Corridor, the Arboretum Boulevard Activity Corridor, as 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. B-092 of 33C14-2019-0159 3 The proposed Mixed Use Combining District will permit the applicant to develop a mixture of commercial and high density residential uses at this location with access to an arterial roadway and a highway. EXISTING ZONING AND LAND USES: ZONING GR, CS, CS-1 Site North GR. CS, CS-1 South ROW/Highway East West GR. CH, CS GR, CS LAND USES Undeveloped Area, Pond Office, Hotel/Motel Use (Renaissance Hotel), Arboretum at Great Hills Retail Center North Capital of Texas Highway/ Loop 360 Restaurants (Z-Tejas, Eddie V’s), Office Office, Parking Garage, Restaurant (Cheesecake Factory), Arboretum at Great Hills Retail Center NEIGHBORHOOD PLANNING AREA: N/A TIA: Not Required WATERSHED: Bull Creek SCHOOLS: Austin I.S.D. Hill Elementary School Murchison Middle School Anderson High School NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Bull Creek Foundation Bike Austin Friends of Austin Neighborhoods Great Hills VII HOA Long Canyon Homeowners Association Mountain Neighborhood Association (MNA) Neighborhood Empowerment Foundation North Oaks Neighborhood Association Northwest Austin Civic Association NW Austin Neighbors SELTEXAS Sierra Club, Austin Regional Group TNR BCP – Travis County Natural Resources B-093 of 33C14-2019-0159 4 NUMBER REQUEST COMMISSION CITY COUNCIL AREA CASE HISTORIES: GR, LO 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 TIA 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 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 B-094 of 33C14-2019-0159 5 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. 10/16/08: Approved NBG-NP or NBG-H-NP (7-0); 1st reading 3/12/09: Approved NBG-NP or NBG-H-NP (6-0); 2nd/3rd readings 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 8/30/01: Approve GO-CO with conditions (7-0); all 3 readings Add NP designation to existing zoning 9/09/08: Approved rezoning of certain tracts to NBG-NP or NBG-H-NP, with conditions (8-0) SF-2 to CS C14-2008-0182 (North Burnet /Gateway NP Rezoning: Metric Boulevard) C14-05-0182 (Cox Office Supply: 10938 Research Boulevard) 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) 7/31/01: Approved staff rec. of GO-CO, with CO to limit the property to 1) LO site development regulations, 2) limit trips to 2,000 per day, 3) limit FAR to a max of 0.15 to 1, 4) prohibit all GO uses except those permitted in the LO district, off- site accessory parking and secondary educational facilities and 5) provide landscape buffer of 50’ along southwest property line and 10’ along western and southern property line (8-0). C14-01-0127 LO-CO to GR GO-CO to GO- CO C14-01-0092 (Grace Covenant Church: 9310 Jollyville Road) B-095 of 33C14-2019-0159 6 RELATED CASES: C14-78-054 - Previous Zoning Case C8-78-89.01.2(85) - Subdivision Case C14r-83-280 – Site Plan Case EXISTING STREET CHARACTERISTICS: Name Pavement ROW Research Blvd (US 183) Jollyville Road 364 ft. 340 ft. Highway 100 ft. 75 ft. Arterial Great Hills Trails 100 ft. 75 ft. Arterial No Yes Yes Classification Bike Route Capital Sidewalks Metro (within ¼ mile) Yes Yes, shared lane Yes, bike lane, Yes, shared lane Yes Yes OTHER STAFF COMMENTS: Comprehensive Planning The subject tract for this zoning case is located along the Arboretum Boulevard Activity Corridor and just outside the boundaries of the North Burnet/Gateway Station Regional Center, and outside the boundaries of a small area plan. This zoning case is located on the northeast corner of Arboretum Boulevard and just north of Highway 360 (Capital of Texas Highway), on a 15.2 acre parcel that is undeveloped and also contains a large detention pond. Surrounding uses includes a hotel and a shopping center to the north; to the south is Highway 360 and office and residential uses; to the east is a shopping center and office uses; and to the west are retail and office uses. The proposed use is multifamily project. Connectivity: The property abuts Arboretum Boulevard to the west and south. The western boundary of the subject property has no public sidewalks, bike lanes or public transit stops, while the southern portion only has public sidewalks on one side of the street. Commercial and retail uses are close by but are not readily accessible by foot or bicycle because of the intermittent and incomplete public sidewalk system and the lack of bike lanes. The mobility options in the area are below average even though there are nearby neighborhood serving uses. Imagine Austin This project is located by the North Burnet/Gateway Station Regional Center to the east and abuts the Arboretum Boulevard Activity Corridor. 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. Page 106 of Imagine Austin states: “(Activity) Corridors are characterized by a variety of activities and types of buildings located along the roadway — shopping, restaurants and B-096 of 33C14-2019-0159 7 cafés, parks, schools, single-family houses, apartments, public buildings, houses of worship, mixed-use buildings, and offices. Regional Centers are intended for retail, cultural, recreational, and entertainment destinations for Central Texas and are the places where the greatest density of people and jobs and the tallest buildings in the region will be located. The following Imagine Austin policies are applicable to this project:  LUT P1. Align land use and transportation planning and decision-making to achieve a compact and connected city in line with the growth concept map.  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.  HN P10. Create complete neighborhoods across Austin that have a mix of housing types and land uses, affordable housing and transportation options, and access to schools, retail, employment, community services, and parks and recreation options. Based upon this property being situated along an Activity Corridor, which supports multifamily and mixed use; and the Imagine Austin policies referenced above that supports a variety of development that is designed to encourage walking and bicycling, this project appears to partially support the policies of Imagine Austin. Environmental The site is located over the Edwards Aquifer Recharge Zone. The site is in the Bull Creek Watershed of the Colorado River Basin, which is classified as a Water Supply Suburban Watershed by Chapter 25-8 of the City's Land Development Code. It is in the Drinking Water Protection Zone. Under the current Ordinance No. 84-0202-K regulations, development or redevelopment on this site is subject to that approved with the original zoning site plan (C14R-83-280). 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 the Ordinance requirements 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. Site Plan Site plans will be required for any new development other than single-family or duplex residential. Any development which occurs in an SF-6 or less restrictive zoning district which is located 540 feet or less from property in an SF-5 or more restrictive zoning district will be subject to compatibility development regulations. B-097 of 33C14-2019-0159 8 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: Additional design regulations will be enforced at the time a site plan is submitted. COMPATIBILITY STANDARDS The site is subject to compatibility standards due to proximity of SF-3 zoning to the south. The following standards apply: • No structure in excess of two stories or 30 feet in height may be constructed • No structure in excess of three stories or 40 feet in height may be constructed within 50 feet of the property line. within 100 feet of the property line. • For a structure more than 100 feet but not more than 300 feet from property zoned SF-5 or more restrictive, height limitation is 40 feet plus one foot for each 10 feet of distance in excess of 100 feet from the property zoned SF-5 or more restrictive. • For a structure more than 300 feet but not more than 540 feet from property zoned SF-5 or more restrictive, 60 feet plus one foot for each four feet of distance in excess of 300 feet from the property zoned SF-5 or more restrictive. • An intensive recreational use, including a swimming pool, tennis court, ball court, or playground, may not be constructed 50 feet or less from property in an SF-5 or more restrictive zoning district. SCENIC ROADWAYS This site is within the Scenic Roadway Sign District. All signs must comply with Scenic Roadway Sign District regulations. Contact Viktor Auzenne at (512) 974-2941 for more information. HILL COUNTRY ROADWAY A large portion of the site is located within 1,000 feet of Loop 360 and within a Hill Country Roadway Corridor. The site is located within the moderate intensity zone of Loop 360. The site may be developed with the following maximum floor-to-area ratio (FAR): Slope 0-15% 15-25% 25-35% Maximum FAR 0.25 0.10 0.05 Except for clearing necessary to provide utilities or site access, a 100-foot vegetative buffer will be required along Loop 360. At least 40% of the site (excluding dedicated right-of-way) must be left in a natural state. The allowable height is as follows: Within 200 feet of Loop 360 the maximum height is 28 feet, and beyond 200 feet the maximum height is 40 feet. Prior to the issuance of a building permit for the proposed use, a site plan must be approved by the Land Use Commission. B-098 of 33C14-2019-0159 9 DEMOLITION AND HISTORIC RESOURCES 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. FYI: This site is in the Edwards Aquifer Recharge Zone and the Edwards Aquifer Recharge verification zone. Transportation The ASMP calls for 94 feet of right-of-way for ARBORETUM BLVD. Additional right-of- way dedication will be required at the time of site plan. A traffic impact analysis was not required for this case because the traffic generated by the proposed zoning does not exceed the threshold of 2,000 vehicle trips per day. The adjacent street characteristics table is provided below: Name ROW Pavement Classification Sidewalks Bicycle ARBORETUM BLVD N CAPITAL OF TEXAS HWY 90’ 65’ ASMP level 3 No 375’ Multiple lane divided TxDOT Roadway No Austin 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 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. Route Yes Yes Capital Metro (within ¼ mile) No No B-099 of 33C14-2019-0159 10 INDEX OF EXHIBITS TO FOLLOW A: Zoning Map B. Aerial Map C. Applicant’s request letter B-0910 of 33SF-2 SF-3 LO CS GREAT HILLS TRL GR SAVINGS & LOAN SP91-0039C REAL ESTATE CS-MU-V-CO C14-2017-0028 OFFICE PARKING EXHIBIT A CENTER C14-2008-0182 NBG-NP APARTMENTS LO P79-36 83-280 D LV M B U T E R O B R A GR CS CH CS R85-155 ! ! ! ! ! 90-001 LR 78-54 LO GO R E ST. PARKING I D R E L L V Y L L O J SP-93-0077B SP93-0319C R83-280 CS-1 SP-93-0319C RETAIL RESTAURANTS GR HOTEL CS ! ! ! ! CS-1 R83-280 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! RETAIL (ARBORETUM) R86-185 CS-1 ! ! ! ! MOVIE THEATRE R83-280 CS RETAIL OFFICE PARKING I E C F F O ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! N C A P I TA L O F T E X A S H W Y S B N C A P I TA L O F T E X A S H W Y N B JOLLYVILLE RD B N D R V S D V L B H C R A E S E R R E S E A R C H B L V D N B C14-2008-0182 NBG-NP 91-0061 R84-038 G R E A T H I L L S T O R E S E A R C S B R A M P R E S E A R C H B L V D S B R E S E A R C H B L V 78-054 D S V R D S B P82-9 LO 79-236 MF-2 4 -P L EXES MF-3 D U P L E X E S S M O O T H O A K D R 78-143 P ( ( S E X E L P U D SF-3 ( ( ( SF-3 ( ( ( ( ( ( MOUNTAIN RIDGE CIR SF-3 ( ( ( SF-3 ( ( SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ± ( SF-3 ( LO ( ( L U F F ( RID G ( ( E D R ( ( R81-114 MF-2-CO 91-0014 SP93-0265C 69-165 M.H. M.H. ( M.H. ( 81-170 IRON PIPES A.C. M.H. GR 76-88 GR GO OFFICE LR APARTMENTS ( ( ( ( ( SF-3 ( ( ( ( ( ( ( R B E D ( ( G RID ( WILD ( LIF C ( ( SF-3 ( ( ( V D C ( F W ( O O ( ( ( ( ( ( ( ZONING SF-3 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( T CIR ( ( S E R C ( K C O R ( ( ( SF-3 ( ( ( ( 77-72 MF-2 01-0092 C14-01-0092 GO-CO ( SP-00-2121C ZONING CASE#: C14-2019-0159 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: 12/3/2019 B-0911 of 33H C R A E S E R B S D V L B NBG-NP GREAT HILLS TRL R E S E A R C H A T H I L L S G R E A T T R N N B H C R A E S E R B S D R V S D V L B R E S E A S V R C R D N H B R B G T R O E S B R A E T R S H A E I E S M A P R C L E L A S R L V D S R E T B X R S T O E A A M P C R C A P H C H B L V R D E B S N L V E B A D R S C B H H C R A E S E R P A C O T B S P M A R B S X T LO CS SF-2 SF-3 A T R E HIL L S T R L G GR CS-MU-V-CO GO J O L L Y V I L L E R D GREAT HILLS TRL LO CS-1 H33 GR J33 GR A R B O R E T U M B L V D CS CH CS CS CS-1 CS-1 CS C14-2019-0159 LR LO SF-3 ± 1'' = 400' N C A P I TA L O F TE X A S H W Y S B R I D G E M O U N T A D R I N H32 LO N CAPITAL OF TEXAS HWY NB MF-2 MF-3 P SMOOTH OAK DR SF-3 M O R U I D N C T I G R A E I N SF-3 R D E G D R D L I W I SF-3 LO B L U F F R ID CLIFF CIR W O O D G E D R SF-3 SF-3 C LIF SF-3 F W O O D C V N C A P I TA L O F T E X A S H W Y S B J32 N CAP TX SB TO RESEARC SB RAMP N C A P I T A L O F T E X A S H W Y N B JO LLY VILLE R D GR LR GO GR MF-2 GO-CO MF-2-CO T S E R C CIR K C O R SF-3 SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER Arboretum Lot 9 ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2019-0159 9401 Arboretum Blvd 15.2 ACRES H32 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. B-0912 of 33EXHIBIT B H C R A E S E R B S D V L B NBG-NP GREAT HILLS TRL R E S E A R C H A T H I L L S G R E A T T R N N B H C R A E S E R B S D R V S D V L B R E S E A S V R C R D N H B R B G T R O E S B R A E T R S H A E I E S M A P R C L E L A S R L V D S R E T B X R S T O E A A M P C R C A P H C H B L V R D E B S N L V E B A D R S C B H H C R A E S E R P A C O T B S P M A R B S X T VILLE R D GR LR GO GR LO CS SF-2 SF-3 A T R E HIL L S T R L G GR CS-MU-V-CO GO J O L L Y V I L L E R D GREAT HILLS TRL LO CS-1 H33 GR J33 GR A R B O R E T U M B L V D CS CH CS CS CS-1 CS-1 CS C14-2019-0159 LR LO SF-3 ± 1'' = 400' N C A P I TA L O F T E X A S H W Y S B J32 N CAP TX SB TO RESEARC SB RAMP N C A P I T A L O F T E X A S H W Y N B JO LLY N C A P I TA L O F TE X A S H W Y S B R I D G E M O U N T A D R I N H32 LO N CAPITAL OF TEXAS HWY NB MF-2 MF-3 P SMOOTH OAK DR SF-3 M O R U I D N C T I G R A E I N SF-3 R D E G D R D L I W I SF-3 LO B L U F F R ID CLIFF CIR W O O D G E D R SF-3 SF-3 C LIF SF-3 F W O O D C V MF-2-CO T S E R C CIR K C O R SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER Arboretum Lot 9 ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2019-0159 9401 Arboretum Blvd 15.2 ACRES H32 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. MF-2 GO-CO SF-3 Copyright nearmap 2015 B-0913 of 33EXHIBIT C B-0914 of 33B-0915 of 33B-0916 of 33B-0917 of 33B-0918 of 33B-0919 of 33B-0920 of 33B-0921 of 33B-0922 of 33B-0923 of 33B-0924 of 33B-0925 of 33B-0926 of 33B-0927 of 33B-0928 of 33B-0929 of 33B-0930 of 33B-0931 of 33B-0932 of 33B-0933 of 33