B-03 (C14-2020-0012 - Plaza Volente Residential; District 6) — original pdf

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ZONING CHANGE REVIEW SHEET TO: MF-2 DISTRICT: 6 CASE: C14-2020-0012 (Plaza Volente Residential) ADDRESS: 11405, 11409 and 11411 North FM 620 Road ZONING FROM: DR SITE AREA: 9.392 acres PROPERTY OWNER: Judy and Fred Helms, Kathy and Donald Gross AGENT: Armbrust & Brown, PLLC (Richard T. Suttle, Jr.) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMENDATION: Staff recommends MF-2, Multifamily Residence-Low Density District, zoning. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: March 31, 2020: Meeting canceled. May 5, 2020 CITY COUNCIL ACTION: April 23, 2020: Postponed to June 4, 2020 at the staff’s request by consent (11-0). ORDINANCE NUMBER: 1 of 19B-032 ISSUES: N/A CASE MANAGER COMMENTS: The property in question consists of three parcels that are currently developed with two single-family residences that access North FM 620 Road. To the north, there is a commercial retail center (Plaza Volente: HEB, Panda Express, Starbucks Coffee, Chase Bank, etc.). The tract of land to the south contains a vacant Construction Sales and Services use and an undeveloped area. To the east, there are single family residences located along Antler Lane (Oak Deer Park Subdivision). The properties to west, across FM 620, are developed with a Convenience Storage use (U-Haul) and an Outdoor Recreation use (Woodland Green’s Golf Center). The applicants in this case are requesting to rezone the property to MF-2 zoning and are proposing to construct approximately 120 multifamily residential units on the site (Please see Applicant’s Request Letter – Exhibit C). The staff supports the applicant’s request for MF-2, Multifamily Residence-Low Density District, zoning. The property meets the intent of the MF-2 zoning district designation as it will provide a transition from the single family uses to the east to the commercial uses fronting FM 620 to the west. The property takes access to an arterial roadway, North FM 620 Road, and is located adjacent to commercial uses/services to the north and west. The proposed zoning will provide for a mixture of housing opportunities in this area of the city. The applicant agrees with the staff’s recommendation. BASIS FOR RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. Multifamily Residence (Low Density) district is intended to accommodate multifamily use with a maximum density of up to 23 units per acre, depending on unit size. This district is appropriate for multifamily residential areas located near single-family neighborhoods, and in selected areas where low density multifamily use is desirable. 2. Zoning should promote a transition between adjacent and nearby zoning districts, land uses, and development intensities. The proposed MF-2 zoning will provide a transition in the intensity of uses from the single family uses to the east to the commercial uses fronting FM 620 to the west. 3. Zoning should allow for reasonable use of the property. The MF-2 zoning district will permit the applicant to redevelop this site with additional residential uses and will provide for a mixture of housing opportunities in this area of the city. 2 of 19B-033 EXISTING ZONING AND LAND USES: ZONING Site North GR-CO, CS, CS-1, DR LR-CO, DR South County East West DR County AREA STUDY: N/A TIA: Not Required WATERSHED: Bull Creek HILL COUNTRY ROADWAY: LAND USES Single Family Residences, Undeveloped Area Retail Center (Plaza Volente: HEB Plus, Austin Smile Center, Jersey Mike’s Subs, Papa John’s Pizza, Panda Express, Starbucks Coffee, Torchy’s Tacos, Chase Bank, Palm Beach Tan, etc.), Medical Office (Wildflower Pediatrics), Single Family Residences Vacant, Undeveloped, Automotive Sales (Apple Imports) Single-Family Residences Convenience Storage (U-Haul), Outdoor Recreation (Golf Practice Range) This site is part of a larger tract of land that is located within a designated Hill Country Roadway corridor (A hill country roadway corridor is the land within the City's zoning jurisdiction located 1,000 feet or less from each side of the right-of-way of RM 620, from SH 71 to Anderson Mill Road). SCHOOLS: Austin I.S.D. Pillow Elementary School Burnet Middle School Anderson High School NEIGHBORHOOD ORGANIZATIONS: Bike Austin Bull Creek Foundation Canyon Creek H.O.A. Friends of Austin Neighborhoods Leander ISD Population and Survey Analysts Long Canyon Homeowners Association Long Canyon Phase II & LLL Homeowners Association Inc. Mountain Neighborhood Association (MNA) Neighborhood Empowerment Foundation SELTEXAS Sierra Club, Austin Regional Group The Parke HOA 3 of 19B-034 TNR BCP – Tavis County Natural Resources 2222 Coalition of Neighborhood Associations, Inc. Volente Neighborhood Association AREA CASE HISTORIES: REQUEST DR to MF-1 NUMBER C14-2015-0031.SH (Azul 620: 11411 North FM 620 Road) COMMISSION CITY COUNCIL 4/21/15: Postponed to July 7, 2015 at the applicant’s request (6-0, S. Compton-absent); G. Rojas-1st, P. Seeger-2nd. 5/14/15: Postponed on consent to August 015 at the staff’s request (11-0); D. Zimmerman-1st, L. Pool-2nd. C14-2011-0120 (Shops at Volente, Ltd.: 11416 North FM 620 Road) I-RR to Tract 1: GR, Tract 2: CS-1 C14-2009-0097 (11505 Anderson Mill Road Rezone) DR to LR N/A 12/0811: Approved GR-CO zoning for Tract 1 and CS-1-CO zoning for Tract 2 on consent on all 3 readings (6-0, S. Cole-off dais); B. Spelman-1st, L. Morrison-2nd. 2/11/10: Approved LR-CO zoning on consent (6-0, Cole-off dais); Spelman-1st, Morrison-2nd. 7/06/10: Approved LR-CO zoning by consent (7-0); 2nd/3rd readings 7/06/15: Case withdrawn by the applicant. No action required by the Zoning and Platting Commission on July 7, 2015. 11/15/11: Approved staff’s recommendation of GR-CO zoning for Tract 1 and CS-1-CO zoning for Tract 2, with 2,000 vtpd limit (6-0, G. Bourgeios- absent); G. Rojas-1st, P. Seeger- 2nd. 02/02/10: Approved LR-CO zoning by consent (7-0); D. Tiemann-1st, S. Baldridge-2nd, with the following conditions from the applicant’s agreement with the neighborhood: 1) Limit the site the 1,333 vehicle trips per day; 2) Prohibit the following uses on the site: Consumer Convenience Services, Restaurant (Limited), Service Station; College and University Facility Facilities, Day Care Services (Commercial), Day Care Services (General), Day Care Services (Limited), Private Primary Educational Facilities, Private Secondary Educational Facilities, Public Primary Educational Facilities, Public Secondary Educational Facilities, Safety Services, Group Home, Class I (General), Group Home, Class II, Drive-In Services; 3) Prohibit buildings greater than 1-story to be located 4 of 19B-03C14-04-0028 (Jack Brown Cleaners: 11521 RM 620 Road North) 3/16/04: Approved staff’s recommendation of CS zoning by consent (8-0, K. Jackson- absent); J. Martinez-1st, J. Gohil- 2nd. 4/15/04: Approved ZAP recommendation of CS zoning (7-0); 1st reading 5 within 75 feet of the eastern property line; 4) Restrict the Food Sales, General Retail Sales (Convenience) and General Retail Sales (General) uses to hours of operation from 7:00 a.m. to 8:00 p.m. and limit these uses to ground/1st floor occupancy within a structure on the site. 5/19/09: Approved staff’s recommendation of LR-CO zoning with conditions by consent (7-0); K. Jackson-1st, T. Rabago-2nd. 6/11/08: Approved LR-CO with conditions on all3 readings (6-0, Cole-absent); B. McCracken-1st, L. Morrison-2nd. 4/22/04: Approved CS zoning (6-0, McCracken-off dais); 2nd/3rd readings 4/15/04: Pulled off agenda. Case re- noticed and sent back to ZAP Commission. 6/10/04: Granted CS-1 (7-0); all 3 readings 11/06/03: Granted ZAP Commission recommendation of GR-CO zoning, by consent (7-0); 1st reading 11/20/03: Approved GR-CO (6-0, Goodman-off dais); 2nd/3rd readings 3/16/04: Approved staff’s recommendation of CS-1 zoning by consent (8-0, K. Jackson- absent); J. Martinez-1st, J. Gohil- 2nd. 5/4/04: Approved staff’s recommendation of CS-1 zoning by consent (5-0, J. Martinez, J. Pinnelli, C. Hammond-absent); J. Gohil-1st, J. Donisi-2nd. 10/28/03: Approved the staff’s recommendation for GR-CO zoning with conditions: 1) Limit the site development to conditions of TIA, 2) the area 300’ (depth) x 400’ parallel to R.R. 620 (Tract 2) will have ‘LR’ uses only, 3) prohibit the Pawn Shop Services, Adult Oriented uses and Automotive uses on the entire site, by consent (8-0, J. Martinez- C14-2009-0038 DR to LR (On May 8, 2009, the agent for this case sent the staff an e-mail amending the requested zoning from GR to LR) GR-CO to CS GR-CO to CS-1 C14-04-0027 (Twin Liquors: 11521 RM 620 Road North) C14-03-0146 (Plaza Volente: 11521 R.R. 620 North GR-CO to GR-CO 5 of 19B-03 6 C14-03-0111 DR to GR-CO C14-02-0041 SF-2, DR to GR 11/19/02: Approved staff’s recommendation of GR-CO zoning with conditions of: absent); J. Gohil-1st, J. Donisi- 2nd. 8/26/03: Approved staff’s recommendation of GR-CO zoning by consent (8-0, K. Jackson-absent) • 300’ (depth) x 400’ parallel to FM 620, will have ‘LR’ uses only (Tract 2); conditions set out by staff in the T.I.A.; • • No Pawn Shop Services; • No Adult Oriented Businesses; • No Automotive Uses (Vote: 7-0, A. Adams-absent) Approved GR-CO, LO-CO, and LR-CO w/ conditions (8-0) C14-95-0167 SF-2 to MF-2 C14-94-0124 DR to SF-2 Approved SF-2-CO w/ conditions (9-0) C14-93-0032 SF-2, DR to GR Approved GR-CO as recommended RELATED CASES: EXISTING STREET CHARACTERISTICS: 9/25/03: Approved GR-CO & RC-for TIA recommendations (7-0); all 3 readings 1/30/03: Granted GR-CO on 1st reading (7-0) 3/6/03: Approved (7-0); 2nd/3rd readings Approved GR-CO, LO-CO, & LR-CO subject to conditions (5-0); 1st reading Approved GR-CO (SW area); LO-CO (NE 300’); LR-CO (NW 300’) (7-0); 2nd/3rd readings Approved SF-2-CO w/ conditions (5-0); 1st reading Approved SF-2-CO (5-0); 2nd/3rd readings Approved GR-CO w/ conditions (5-0), 1st reading Approved GR-CO (7-0); 2nd/3rd readings Name North FM 620 ROW 145' Pavement Class MAD 4 Arterial Sidewalk? Bus Route? No No Bike Route? No 6 of 19B-03 7 OTHER STAFF COMMENTS: Comprehensive Planning This zoning case is located on the east side of FM 620 (a major arterial) on a 9.4 acre flag lot property (that combines three parcels) and contains two houses. The property is not located within the boundaries of a neighborhood planning area, nor is it located along an Activity Corridor or within or near an Activity Center. Surrounding land uses includes single family housing and a large shopping center to the north; to the south is vacant land, single family housing (on large lots); to the east are large lot single family houses and a single family subdivision; and to the west is a large shopping center with several restaurants and retail uses and a large grocery store. The proposal is an up to 150-unit multi-family apartment complex. Connectivity There are no public sidewalks, urban trails or public transit stops or public transit stops along this portion of FM 620. A wide paved area on either side of FM 620 in this area appears to act as a bike lane, although most of paved lane is not identified by signage and does not include a bike symbol or identifying signage. While the mobility options are below average, there are a number of connectivity options in the area (commercial uses and employment centers). Imagine Austin The property is not situated along an Activity Corridor or by an Activity Center according to the Imagine Austin Growth Concept Map. The following Imagine Austin policy is applicable to this case: • LUT P3 Promote development in compact centers, communities or along corridors that are connected by roads and transit, are designed to encourage walking and bicycling, and reduce healthcare, housing and transportation costs. • LUT P5. Create healthy and family-friendly communities through development that includes a mix of land uses and housing types and affords realistic opportunities for transit, bicycle, and pedestrian travel and provides both community gathering spaces, parks and safe outdoor play areas for children. Based on the surrounding commercial uses (retail shopping center) and office uses in the area but the lack of multimodal access along FM 620, including a public sidewalk and transit, this request appears to only partially support the policies of the Imagine Austin Plan. It is hoped in the near future that the property owners in the area consider installing a shared path or public sidewalk along FM 620 to connect residents to nearby commercial, office and residential uses in the vicinity. 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. 7 of 19B-038 Under the current watershed regulations, development or redevelopment on this site will be subject to the following impervious cover limits: Development Classification One or Two Family Residential 30% 40% Multifamily Residential Commercial 40% 40% 55% 55% % of Net Site Area % NSA with Transfers Development within a Water Quality Transition Zone is limited to 18%. 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 approvals that preempt current water quality or Code requirements. AFD did not review the site for adequate fire department access or available water and hydrants. AFD cannot search for hazards in areas that are out of the Austin Full Purpose or Limited Purpose area. 2/19/20, Update “0”- APPROVED WITH COMMENTS Fire 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. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. 8 of 19B-039 FYI: Additional design regulations will be enforced at the time a site plan is submitted FYI: The subject property is included in an approved site plan SP-2014-0416D. SCREENING REQUIREMENTS FYI: Screening is required for off-street parking, the placement of mechanical equipment, storage, and refuse collection if a person is constructing a building (25-2-1066). COMPATIBILITY STANDARDS The site is subject to compatibility standards due to proximity of SF-1 to the east. 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. • No parking or driveways are allowed within 25 feet of the property line. • 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 portion of the site is located within 1,000 feet of RM 620 and within a Hill Country Roadway Corridor. The site is located within the moderate intensity zone of RM 620. 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 the N FM 620 Right of Way. 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 N FM 620 Right of Way, the maximum height is 28 feet, and beyond 200 feet the maximum height is 40 feet. 9 of 19B-0310 Prior to the issuance of a building permit for the proposed use, a site plan must be approved by the Zoning and Platting Commission. 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. Transportation 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. [LDC 25-6-113] A TIA may be required at the time of site plan if the proposed development intensity changes. The adjacent street characteristics table is provided below: Name ROW Pavement Classification Sidewalks Bicycle Route No ASMP Level 5 None 80’ Capital Metro (within ¼ mile) None N FM 620 RD 145’ 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. Based on current public infrastructure configurations, it appears that service extension requests (SER) will be required to provide service to this lot. City Council approval of the SER is required due to the property’s location within the Drinking Water Protection Zone and outside the full purpose corporate limits (LDC 25-9-35). For more information pertaining to the Service Extension Request process and submittal requirements contact Alberto Ramirez with Austin Water, Utility Development Services at 625 E. 10th St., 7th floor. Ph: 512-972-0211. 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. 10 of 19B-0311 INDEX OF EXHIBITS TO FOLLOW A: Zoning Map B. Aerial Map C. Applicant’s Rezoning Request Letter D. Land Status Determination 11 of 19B-03BANK 95-0167 SERVICE\STATION C14-95-0167 GR-CO SP-99-2161C GR-CO C14-2013-0146 SERVICE\STATION M A RIN E S H O P AUTO/BOAT VA C A N T I-RR SP-02-0443D SP-03-0028D SP-98-0321D CS-1-CO UNDEV C14-2011-0120 CS-1-CO GR-CO C14-03-0146 SPC-03-0015C CS-1 C14-04-0027 LR-CO C14-2009-0038 04-0027 2009-0038 UNDEV ! ! ! ! ! ! ! ! ! ! ! SUPPLY STORE CS C14-04-0028 04-0028 ! ! ! ! ! ! ! ! ! ! 2 D 0 R M 6 N F JUNK SALES ! ! ! 03-0111 ! ! ! ! ! ! ! ! ! ! ! ! ! SP-06-0434C I-RR W A T E R \ T O W E R ( A N D E R S O N M I L ( ( ( ( L R T R A I R B E L G N A T ( ( ( ( ( ( ( ( ( ( I-SF-2 ( ( ( SHOW BARN CV ( ( ( ( ( ( ( ( ( ( ( ( R ( I-SF-2 ( D L ( ( ( ( ( ( ( ( ( ( ( ( EXHIBIT A ( ( ( ( ( ( ( ( ( ( ( ( L R T K R A B H C R I B ( ( ( ( ( ( ( ( ( ( ( ( ( I-SF-2 ( ( ( ( ( ( ( ( ( ( ( L R T T S O P E C N E F ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( I-SF-2 ( ( ( ( ( I-SF-2 ( ( ( ( ( ( ( ( ( ( ( ( ( ( C14-2009-0097 LR-CO ( ( ! UNDEV ! ! ! ! ! C14-2019-0113 ( ( ( ! ! ! DR ! ! ! ! ( ( ( SF-1 E L T N A R LN ( ! ! ! ( ! ! ( ( ( ( ( ( R T D E N O M SF-2-CO M ATIS S E T RL SF-2-CO 94-0124 SF-2 SF-1-CO 94-0068 UNDEV VACANT BLDG. ( C14-2015-0080 CS-CO UNDEV UNDEV C14-2012-0019 OFFICES UNDEV UNDEV UNDEV UNDEV D N R TIO A D N U O F T U RTLE LN ( SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ± UNDEV ZONING RR 94-0068 LA UR E L CR E E K DR SF-1-CO ZONING CASE#: C14-2020-0012 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: 2/4/2020 12 of 19B-03GR-CO CS-1-CO I-RR N F M 620 R D GR-CO EXHIBIT B L R T R A I R B E L G N A T I-RR I-SF-2 L R T K R A B H C R I B I-SF-2 L R T T S O P E C N E F A N D E R S I-SF-2 O N M I L L R D CS-1-CO 2 D 0 R M 6 N F GR-CO E38 CS-1 CS LR-CO DR C14-2020-0012 I-SF-2 I-SF-2 LR-CO I-SF-2 SF-1 N R L E L T N A R T D E N O M EZA EST N N C SF-2-CO M ATIS S E T RL SF-2-CO SF-2 SF-1-CO L C A R U C E R I R E E K L RR LA U R E L C R E E K D R Copyright nearmap 2015 CS-CO FO UNDATIO N RD GR-CO E37 T U R TLE LN ± 1'' = 400' SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER PLAZA VOLENTE RESIDENTIAL ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2020-0012 11405, 11409, 11411 N. FM 620 RD. 9.4 ACRES E38 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. 13 of 19B-03EXHIBIT C 14 of 19B-0315 of 19B-03EXHIBIT D 16 of 19B-0317 of 19B-0318 of 19B-0319 of 19B-03