Zoning and Platting CommissionJuly 21, 2020

B-03 (C14-2020-0061 - This Old Wood Rezoning; District 1) — original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 1 TO: W/LO-CO* Bed and Breakfast (Group 2) Art Workshop Business or Trade School Communication Services Convenience Storage Electronic Testing Exterminating Services Pedicab Storage and Dispatch Custom Manufacturing Urban Farm College and University Facilities Community Events Community Recreation (Private) Counseling Services Day Care Services (Commercial Day Care Services (Limited) Private Primary Educational Facilities Public Primary Educational Facilities Safety Services CASE: C14-2020-0061 (This Old Wood Rezoning) ZONING FROM: RR *The applicant submitted a letter with their rezoning request asking to prohibit the following uses through a conditional overlay on the property: Bed and Breakfast (Group 1) Art Gallery Business Maintenance Services Business Support Services Construction Sales and Services Electronic Prototype Assembly Equipment Repair Services Food Preparation Printing and Publishing Community Garden Club or Lodge Communication Service Facilities Community Recreation (Public) Convalescent Services Cultural Services Day Care Services (General) Local Utility Facilities Private Secondary Educational Facilities Public Secondary Educational Facilities ADDRESS: 13313 Old Gregg Lane SITE AREA: 9.41 acres (409,899.6 sq. ft.) PROPERTY OWNER: Jeffrey Spector AGENT: Land Strategies, Inc. (Jim Wittliff) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMENDATION: Staff recommends W/LO-CO, Warehouse/Limited Office-Conditional Overlay Combining District, zoning 1 of 20B-03 C14-2020-0061 2 ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: July 21, 2020 CITY COUNCIL ACTION: ORDINANCE NUMBER: 2 of 20B-03 C14-2020-0061 3 ISSUES: N/A CASE MANAGER COMMENTS: The property in question is a 9+ acre undeveloped parcel that is located at the southeast corner of Old Gregg Lane and East Howard Lane. To the north, across E. Howard Lane, there is an undeveloped GR-MU tract of land and CS-CO zoned area that is developed with office/commercial uses. The parcels of land to the south and west are located in the county. They are developed with a religious assembly use and an office. To the east, there is LI and CS-CO zoned areas that contains a convenience storage use and an industrial/warehouse park. In this request, the applicant is asking to rezone this site with W/LO-CO zoning to construct a 7,000 square foot warehouse to store and sell reclaimed lumber/wood. The applicant is proposing a conditional overlay for the site to prohibit all W/LO uses, with the exception of the Administrative and Business Office and Limited Warehousing and Distribution uses. The staff recommends W/LO-CO zoning for this property as it meets the intent of the Warehouse/Limited Office zoning district. This parcel of land is located at the intersection of two arterial roadways and is within the Dessau/Parmer Neighborhood Center and along the Howard Lane Activity Corridor as designated by 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. Warehouse/Limited Office district is intended predominantly for office and warehousing activities for building trades and similar businesses having operating characteristics that do not necessarily require highly visible locations or the type of access needed for retail and have low or moderate trip generating characteristics, do not involve substantial volumes of heavy truck traffic, but may require special measures to remain compatible with adjacent uses. Zoning changes should promote compatibility with adjacent and nearby uses. 2. The W/LO zoning district is compatible and consistent with the surrounding uses because there is GR-MU and CS-CO zoned tracts of land to the north and LI and CS-CO zoned lots to the east, that contain a commercial center, a convenience storage use and an industrial/warehouse park. This property is located within the boundaries of Dessau/Parmer Neighborhood Center and is along a designated Activity Corridor, as identified on the Imagine Austin Comprehensive Plan Growth Concept Map. 3 3 of 20B-03 C14-2020-0061 4 LAND USES Undeveloped Undeveloped Area, Single Family Residences, Commercial Center (Dessau Palms: Vortex Sports Academy, Strand Brothers Heating and Air, P3Pure, LLC, SIT Tech, Venus Medical Solutions, Austin Dental Cares, etc.) Religious Assembly (Central Church of Christ), Office Convenience Storage (Cube Smart Self Storage), Industrial Park (Office/Warehouse) Undeveloped, Single Family Residence EXISTING ZONING AND LAND USES: ZONING Site North GR-MU, CS-CO RR South County East CS-CO West County NEIGHBORHOOD PLANNING AREA: N/A TIA: Deferred to the time of Site Plan WATERSHED: Harris Branch NEIGHBORHOOD ORGANIZATIONS: Austin Lost and Found Pets Bike Austin Friends of Austin Neighborhoods Harris Branch Master Association, Inc. Homeless Neighborhood Association Neighborhood Empowerment Foundation North Gate Neighborhood Association North Growth Corridor Alliance Pflugerville Independent School District Sierra Club, Austin Regional Group Techridge Neighbors AREA CASE HISTORIES: NUMBER C14-2013-0099 (Dessau Business Park Zonings) I-RR, I-SF-2 to MF-4, GR-MU, P, CS-CO, RR, LI REQUEST 4 COMMISSION 9/17/13: Approved staff’s recommendation to postpone Tract 1 to October 1, 2013 and to approve GR-MU zoning for Tract 2, P zoning for Tract 3, CS-CO zoning for Tract 4, RR zoning for Tract 5, LI zoning for Tract 6 and CS-CO zoning for Tract 7 on consent (6-0. J. Meeker-absent); P. Seeger-1st, CITY COUNCIL 10/17/13: Approved MF-4 zoning for Tract 1A, GR-MU zoning for Tract 1B, GR-MU zoning for Tract 2, P zoning for Tract 3, CS- CO zoning for Tracts 4 and 7, RR zoning for Tract 5, and LI zoning for Tract 6 on consent on all 3 readings (6-0, M. Martinez-off dais); B. Spelman-1st, S. Cole-2nd. 4 of 20B-03 C14-2020-0061 5 G. Rojas-2nd. 10/01/13: Approved staff’s recommendation of MF-4 zoning for Tract 1A and GR-MU zoning for Tract 1B on consent (7-0); P. Seeger-1st, S. Compton- 2nd. 2/05/13: Approved staff’s recommendation of CS-1-CO zoning for Tract 1 and GR-CO zoning for Tract 2, with additional condition to prohibit Adult Oriented Businesses (4-1, C. Banks-No, P. Seeger and S. Compton-absent); G. Rojas-1st, R. McDaniel-2nd. 5/21/13: Approved the staff’s recommendation of SF-6 district zoning on consent (5-0, C. Banks and J. Meeker-absent); P. Seeger-1st, S. Compton-2nd. 5/21/13: Approved the staff’s recommendation of P district zoning on consent (5-0, C. Banks and J. Meeker-absent); P. Seeger-1st, S. Compton-2nd. 6/18/13: Approved staff’s recommendation of MF-3 zoning by consent (6-0, C. Banks-absent); P. Seeger-1st, R. McDaniel-2nd. 3/07/06: staff’s recommendation of SF-6-CO zoning by consent (9-0); J. Martinez-1st, J. Pinnelli-2nd. Approved 2/28/13: Approved CS-1-CO zoning for Tract 1 and GR-CO zoning for Tract 2, with conditions on consent on all 3 readings (7-0); B. Spelman-1st, S. Cole-2nd. 6/06/13: Postponed to September 26, 2013 at the applicant’s request (7-0); B. Spelman-1st, S. Cole-2nd. 6/06/13: Postponed to September 26, 2013 at the applicant’s request (7-0); B. Spelman-1st, S. Cole-2nd. 6/06/13: Postponed to September 26, 2013 at the applicant’s request (7-0); B. Spelman-1st, S. Cole-2nd. 4/06/06: Approved SF-6-CO district zoning by consent (7-0); all 3 readings C14-2012-0157 (Dessau Partners: 13422 Dessau Road) I-RR, I-SF-2 to CS-1 LR to SF-6 SF-2-CO to P C14-2013-0043 (Fort Dessau- SF-6: 13826 Dessau Road) C14-2013-0042 (Fort Dessau-P: 13826 Dessau Road) C14-2013-0041 (Fort Dessau- GR: 1602 Fish Lane) SF-2-CO to MF-3 C14-06-0011 (T-Mobile Wireless Facility: 13208 Dessau Rd) DR to SF-6-CO* * The applicant has proposed a conditional overlay to limit development on the site to SF-1, Single-Family Residence- Large Lot District, density regulations and to limit development on the site to less than 2,000 5 5 of 20B-03 C14-2020-0061 6 vehicle trips per day. GR-CO to GR I-RR to CS, MF-3, SF-6, SF-2 DR to LO DR to CS the covenant staff’s 10/19/04: Approved recommendation of GR-CO zoning by consent (9-0), with CO to prohibit Adult Oriented Business uses and a public to restrictive encompass TIA recommendations. 11/02/04: Approved staff’s recommendation of SF-2-CO, SF-6, MF-3, LR, LR-MU, GR, GR-MU zoning by consent (9-0) 1/28/03: Approved staff’s recommendation of LO-CO zoning, w/2,000 trip limit (8-0, J. Donisi-absent) 8/1/00: Approved staff rec. w/ condition of no Adult Oriented Businesses (8-0) 11/18/04: Granted GR-CO (7-0); all 3 readings 12/16/04: Granted SF-2-CO, SF- 6, MF-3, LR-MU, GR and GR- MU on all 3 readings (7-0) 2/27/03: Granted LO-CO on all 3 (6-0, Goodman-out of room) 9/28/00: Approved GR-CO w/ conditions on TR 1 & 2 (7-0); all 3 readings DR to DR-H 9/12/00: Approved staff rec. by consent (6-0) 10/5/00: approved DR-H (5-0); all 3 readings C14-04-0127 (Wright Subdivision Dessau Road Zoning Change: 1624 East Howard Lane) C14-04-0056 (Fish Tract: 13600-14224 Dessau Road) C14-03-0001 (Cornerstone Baptist Church: 13300 Dessau Rd) C14-00-2101 (Harris Ridge Rezoning: Harris Ridge Drive at Howard Lane) C14H-00-0005 (Evangelical Lutheran Church: 13300 Dessau Road) RELATED CASES: C14-2013-0099 - Previous Zoning Case EXISTING STREET CHARACTERISTICS: Name Existing ROW ASMP Required ROW Pavement ASMP Classification Sidewalks Bicycle Route E. Howard Old Gregg Lane ~76’-133’ 116’ ~57’ Existing 69’ 22’ 3 1 Yes No Yes No Capital Metro (within ¼ mile) No No 6 6 of 20B-03 C14-2020-0061 7 OTHER STAFF COMMENTS: Comprehensive Planning This zoning case is located on the southeast corner of Old Gregg Lane and East Howard Lane, on a vacant 9.41 acre parcel, which is located within the Dessau/Parmer Neighborhood Center and along the Howard Lane Activity Corridor but is not located within the boundaries of the neighborhood planning area. Surrounding land uses includes several office/warehouses to the north; to the south is a church, an office and an auto/truck storage facility; to the east is an office/warehouse business park and office uses; and to the west is another church. The proposed use calls for the construction of up a 7,000 square foot warehouse to store and sell reclaimed lumber/wood. The applicant is proposing to put a conditional overlay on the site to prohibit all W/LO uses, except for Office, Warehouse and General Retail Sales. Connectivity There are no transit stops within a mile of this site. However, both sides of this portion of East Howard Lane have public sidewalks and bike lanes. This area is dominated by office/warehouses and business parks and scattered residential subdivisions. There are retail uses going west on Howard Lane. The mobility options in the area average. Imagine Austin The property is located within the boundaries of ‘Dessau/Parmer Neighborhood Center’ and along an ‘Activity Corridor’, as identified on the Imagine Austin’s Growth Concept Map. Like many Imagine Austin Centers, they are 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. Regional, town, and neighborhood centers are supposed to be walkable, bikable, and supported by transit. A Neighborhood Center is the smallest and least intense of the three types of activity centers outlined in the Growth Concept Map, with a focus on creating local businesses and services. Activity corridors 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 IACP policies are also pertinent to this case:  CE P15. Reduce the overall disposal of solid waste and increase reuse and recycling to conserve environmental resources.  CFS P18. Divert bulk items, such as furniture and other household items, from landfills and consider ways to recycle or reuse these materials.  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 7 7 of 20B-03 C14-2020-0061 8 neighborhoods have different characteristics and new and infill development should be sensitive to the predominant character of these communities.  LUT P20. Locate industry, warehousing, logistics, manufacturing, and other freight- intensive uses in proximity to adequate transportation and utility infrastructure. Based on the subject property: • Being located near a large number of other light industrial and office/warehouses within a half of a mile radius from this site; • Supporting the Imagine Austin policies above that recognize that different neighborhood have different characteristics and the need to reuse, recycle and divert solid waste materials; • Being located within the boundaries of a ‘Neighborhood Center’ and along an ‘Activity Corridor’, which includes some mobility options in the area and supports commercial and light industrial uses, this proposal supports the Imagine Austin Comprehensive Plan. Environmental The site is not located over the Edwards Aquifer Recharge Zone. The site is in the Harris Branch Watershed of the Colorado River Basin, which is classified as a Suburban Watershed by Chapter 25-8 of the City's Land Development Code. The site 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 Single-Family (minimum lot size 5750 sq. ft.) Other Single-Family or Duplex 55% 60% Multifamily Commercial 80% 60% 70% 90% % of Gross Site Area % of Gross Site Area with Transfers 50% 60% According to floodplain maps almost the entire site is within the floodplain. 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. 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. 8 8 of 20B-03 C14-2020-0061 9 At this time, no information has been provided as to whether this property has any ls that preempt current water quality or Code requirements. Fire No sites identified by PEAK within 1000 feet. Type B and C AFD HMP permits > 1000 feet from parcel. From: RR To: W/LO-CO zoning. Approximately 8,000 sq. ft. warehouse for architectural wood recycling. Site Plan Site plans will be required for any new development other than single-family or duplex residential. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. 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. FYI: The property immediately west, across Old Gregg Lane, is within an Austin ETJ Ag Development Agreement. FYI: Additional design regulations will be enforced at the time a site plan is submitted. Warehouse/Limited Office (W/Lo) District Regulations [§ 25-2-584] The building must include an office use. The minimum floor area for the office use is the lesser of: 1. 20 percent; or 2. 1,000 square feet. A truck loading dock may not be located on the same building face as an office entrance. An office use must face the street that provides primary access. A construction sales and service use may not exceed 10,000 square feet of gross floor area. The Land Use Commission may approve, in accordance with the applicable provisions of Chapter 25-5, Article 3 (Land Use Commission Approved Site Plans), the following modifications to the site development regulations: 1) a lot that contains at least 21,780 square feet, but less than 43,560 square feet; 2) a structure with a height greater than 25 feet, but not more than 35 feet; or 3) a structure with a floor area ratio of more than 0.25, but not more than 0.50. 9 9 of 20B-03 C14-2020-0061 10 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. The Austin Strategic Mobility Plan (ASMP), adopted 04/11/2019, calls for 116 feet of right- of-way for E. Howard Lane. It is recommended that 58 feet of right-of-way from the existing centerline should be dedicated for E. Howard at the time of subdivision or site plan. A traffic impact analysis should be deferred to the site plan application when land uses and intensities will be finalized. Transportation 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. Based on current public infrastructure configurations, it appears that a service extension request (SER) will be required to provide wastewater service to this lot. 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. INDEX OF EXHIBITS TO FOLLOW A: Zoning Map B. Aerial Map C. Applicant’s Request Letter D. Correspondence from Interested Parties 10 10 of 20B-03 C14-04-0056 GR-MU FIS H LN SP-04-0010DS WATER PLANT DR C14-00-2101 GR-CO C14-04-0127 R D K E E R C D E K O O R C MF-2-CO D U R A S S E D LO-CO C14-03-0001 GR-CO C14-2012-0157 CS-1-CO I-SF-2 E H O W A R I-RR D LN GR-MU UNDEV C14-2013-0099 MF-4 C14-2013-0099 SP-05-1711D SP-02-0164D LI C14-2013-0099 EXHIBIT A I-RR SP-06-0494D SP-02-0164D LI SP-04-0102D D L R E U N A M IM SP-03-0493D SP-01-0469D LI IN V E ST M E NT D R SP-04-0273D SP-04-1042D SP-02-0139D SP-03-0345D SP-05-1375D LI SP07-0103D C14-2013-0099 SP07-0104D R E D G RID Y Z A L GR-MU C14-2013-0099 P SP-04-0019D CS-CO ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! RR ! C14-2013-0099 ! ! ! ! ! N G L G E R D G L O SP-2007-0257D ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! SP07-0132D CS-CO AUTO\TRANSMISSION\SHOP ( SP-04-0052D OFFICE/\WAREHOUSE SP-01-0301D E AT O N B R O SP-06-0661D O K A V E SP-06-0344D B E N N R ETT RID G E D Y A T W E S N U D S E T AIN P C A B O T V A L L E Y C V A L D I N G V A L L E Y D R S C I R D O Y W O R U B N A D R Y D E L L A R V SP-01-0217D E T S E H C ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ZONING ZONING CASE#: C14-2020-0061 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: 6/1/2020 11 of 20B-03 MF-2-CO LO-CO DR SF-6-CO D U R A S S E D LR-CO GR-CO MF-4 E AT O N B R O O K A V E GR-MU GR-CO FIS H LN D U R A S S E D DR GR-CO R D K E E R C D E K O O R C P34 R D W O D A E M G N O L EXHIBIT B C R Y B E N STAL D D R I-RR L E U N A M IM D R GR-CO CS-1-CO E H O W A R GR-MU D L N R E D G RID Y Z A L GR-MU LI P LI R N L D O S RIA R E T T AT S U P D IN IN V E ST D R M E NT LI CS-CO LI C14-2020-0061 RR E H O W A R D L N N G L G E R D G L O D L R E U N A M IM LI CS-CO P33 V A A L L D L I E N Y G D R D T E E T S AIN N U P S Y A W C A B O T V A L L E Y C V C B H R E O S O T K E R D TEQUESTA BLVD R R E Y D T E S L E L H A C V R U O B O L L P A S E N W N Y D R Y R S O D C I R S I M A V D E H O W A R D LN Copyright nearmap 2015 ± 1'' = 500' SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER THIS OLD WOOD REZONING ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2020-0061 13313 Old Gregg Ln 9.41 ACRES P33 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. 12 of 20B-03 Land ANSWERS, Inc. Development Planning Consultants EXHIBIT C 3606 Winfield Cove Austin, Texas 78704 (512) 416-6611 landanswers@sbcglobal.net MEMORANDUM Re: Rezoning Request 13313 Old Gregg Lane Dear City Zoning Review Staff, This application is to rezone a 9.41-acre platted lot from RR to W/LO-CO. Although the vast majority of this property is in the 100-year floodplain of Harris Branch Creek, there are small areas outside the floodplain along Howard Lane. The property owner would like to construct a small 6,000-8,000 square foot warehouse for his wood recycling business, which reclaims lumber from demolished structures. He also wants to build one residence on the property as an Accessory Use, as is allows in the Code. He has spoken with his neighbors and currently has several letters of support for this rezoning. Via a Conditional Overly, we are willing to prohibit all W/LO uses, except for Office, Warehouse and General Retail Sales. Please call me if you have any questions regarding our rezoning request. Thank you, Jim Wittliff SITE ANALYSIS • DEVELOPMENT STRATEGY • PLANNING & DESIGN • PERMIT APPROVAL • CONSTRUCTION MANAGEMENT 13 of 20B-03 EXHIBIT D 14 of 20B-03 15 of 20B-03 16 of 20B-03 17 of 20B-03 18 of 20B-03 19 of 20B-03 20 of 20B-03