B-03 (C14-2020-0099 - Rezoning of 15204 N. FM 620; District 6).pdf — original pdf

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ZONING CHANGE REVIEW SHEET TO: MF-4 CASE: C14-2020-0099 (Rezoning of 15204 N. FM 620) DISTRICT: 6 ZONING FROM: DR ADDRESS: 15204 North FM 620 Road SITE AREA: 5.486 acres PROPERTY OWNER: England Ranch SE, LP (Joe F. England) AGENT: Armbrust & Brown, PLLC (Richard Suttle) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMENDATION: Staff recommends MF-4, Multifamily Residence-Moderate-High Density District, zoning. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: October 20, 2020 CITY COUNCIL ACTION: ORDINANCE NUMBER: 1 of 15B-3C14-2020-0099 2 ISSUES: N/A CASE MANAGER COMMENTS: The property in question is currently an undeveloped tract of land with moderate vegetation. This area was annexed for limited purposes on November 15, 1984. This property is located at the edge of the city limits and fronts onto North FM 620 Road. There is a personal services use (Lugo’s Mane Tamers) and a plant nursery (Round Rock Landscape Supplies) to the east zoned DR, undeveloped tracts to the north located in the county and an undeveloped tract (zoned DR), monument sales use, personal services use (Edge Salon), construction sales and services use (D & B Tree Company) and the Round Rock ISD Bus Facility zoned CS-CO to the west. On the south side of FM 620 Road there is the Robinson Ranch PUD including a segment of State Highway 45. This area is currently undeveloped. The applicant is requesting MF-4, Multifamily Residence-Moderate-High Density District, zoning to develop an apartment complex. The staff recommends the applicant’s request for this property as the site meets the intent of the MF-4 district. The tract of land is located at the intersection of an arterial roadway, Pearson Ranch Road, and FM 620/ SH 45 Road. The proposed zoning will create a transition in the intensity of development from the single family residential neighborhood to the north to the commercial uses developed to the east and west. MF-4 zoning will permit the applicant to build a residential development that will provide for additional housing opportunities within this area of the city. 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. Multifamily Residence (Moderate-High Density) district is intended to accommodate multifamily and group residential use with a maximum density of 36 to 54 units per acre, depending on unit size. This district is appropriate for moderate-high density housing in centrally located areas near supporting transportation and commercial facilities, in areas adjoining downtown Austin and major institutional or employment centers, and in other selected areas where moderate-high density multifamily use is desirable. The proposed change meets the purpose statement set forth in the Land Development Code. The property is located at the intersection of an arterial roadway, Pearson Ranch Road, and a highway, North FM 620/SH 45 Road. 2. The proposed zoning should promote consistency and orderly planning. The proposed zoning will be consistent with the current zoning in the area as there is MF- 3 zoning to the east fronting North FM 620 Road. The proposed zoning will create a 2 of 15B-3C14-2020-0099 3 transition in the intensity of development from the single family residential neighborhood to the north to the commercial uses developed to the east and west. 3. Zoning should allow for reasonable use of the property. The proposed MF-4 zoning will permit the applicant to build a residential development that will provide for additional housing opportunities within this area of the city. EXISTING ZONING AND LAND USES: ZONING DR Site North County South East SH 45, PUD DR, MF-3 West DR, CS-CO LAND USES Undeveloped Undeveloped, Single Family Residential Detention Pond, Undeveloped Area Personal Services (Lugo’s Mane Tamers), Plant Nursery (Round Rock Landscape Supplies) Undeveloped, Monument Sales, Personal Services (Edge Salon), Construction Sales and Services (D & B Tree Company); Round Rock ISD Transportation Facility NEIGHBORHOOD PLANNING AREA: N/A TIA: Deferred to the time of Site Plan WATERSHED: Lake Creek SCHOOLS: Round Rock I.S.D. Great Oaks Elementary Cedar Valley Middle School Round Rock High School NEIGHBORHOOD ORGANIZATIONS: Bike Austin Davis Spring HOA Friends of Austin Neighborhoods North Austin Coalition Sierra Club, Austin Regional Group 3 of 15B-3C14-2020-0099 4 AREA CASE HISTORIES: REQUEST DR to MF-3 NUMBER C14-2018-0009 (Rezoning of FM 620 and SH 45: 15218 and 15230 North FM 620 Road) COMMISSION 3/20/18: Approved staff’s recommendation of MF-3 zoning, with conditions (9-0, Y. Flores and A. Tatkow-absent; B. Evans-1st, J. Duncan-2nd. CITY COUNCIL 4/26/18: The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20180426-068 for MF-3 district zoning, with conditions was approved on Council Member Houston’s motion, Council Member Garza’s second on a 9-0 vote. Council Member Alter was off the dais. Council Member Troxclair was absent. 3/01/12 : Approved CS- CO zoning on consent on all 3 readings (6-0, Spelman-off dais); S. Cole-1st, L. Morrison- 2nd. 11/03/11: Approved GR- CO on consent on all 3 readings (7-0) 12/11/08: Approved GR- CO zoning on consent (7-0); all 3 readings DR to CS C14-2011-0148 (620 JMJ Zoning: 14926 North FM 620 Road) DR to GR DR to GR C14-2011-0097 (Round Rock ISD West Transportation Facility: 15000 North FM 620 Road) C14-2008-0192 (Pearson Place South: 14608 N. FM 620 Road) 02/07/12: Approved staff’s recommendation of CS-CO with additional conditions to prohibit the following uses: Adult Oriented Business, Pawn Shop Services, Bail Bond Services, Monument Sales, Club or Lodge, Campground, Transitional Housing and Vehicle Storage (5-0, P. Seeger and G. Bourgeios-absent); S. Baldridge-1st, G. Rojas-2nd. 10/04/11: Approved the staff’s recommendation for GR-CO zoning, with a 2,000 vehicle trip limit per day, on consent (6-0), G. Bourgeios-1st, P. Baldridge- 2nd. 11/04/08: Approved staff’s rec. of GR-CO zoning on consent, with a CO for a 2,000 vehicle trip limit per day (5-0, C. Hammond, R. Evans-absent) 4 of 15B-3C14-2020-0099 5 C14-2008-0045 (St. Dominic de Savio: 9400 Neenah Avenue) Unzoned to GO-CO LI, DR, CS-CO and ETJ to PUD N/A C814-2007-0055 (Pearson Place PUD: 1200 feet north east from the intersection of Parmer Lane and SH 45) C14-06-0029 (620 North: 15400 N. FM 620 Road) I-RR; DR to CS 5/22/08: Approved the Zoning and Platting Commission’s recommendation, with the additional condition from Transportation that specifies a bicycle- pedestrian path that connects to the abutting subdivision to the north (7-0); 1st reading 6/18/08: Approved GO- CO zoning by consent with an effective date of July 7, 2008 (7-0); 2nd/3rd readings 4/01/08: Approved the staff’s recommendation of GO-CO district zoning, with an additional condition that the site plan will come back to the Zoning and Platting Commission for approval (This condition would make Private Secondary Educational Facility a conditional use on the site, thereby, requiring a conditional use site plan on this property for this use to go before the Zoning and Platting Commission for approval.). Vote: (6-0, T. Rabago, J. Martinez- absent); K. Jackson-1st, C. Hammond-2nd. Case Withdrawn 4/18/06: 1ST motion: Approved GR-CO zoning; prohibit all Automotive uses, Pawn Shops, Exterminating Services and Personal Services; 2000 vehicle trip limit (3-4, B. Baker, C. Hammond, T. Rabago, J. Pinnelli – Nay, S. Hale, J. Martinez – left early); K. Jackson, M. Hawthorne-2nd. Motion failed. 2ND motion: Continued to 06/06/06 ZAP Commission meeting (7-0, J. Martinez, S. Hale – left early); M. Hawthorne, J. Pinnelli-2nd. * Public Hearing remained open. 11/16/06: Approved GR- CO district zoning with restaurant (general) being the only permitted use, all LR district uses, and 2,000 trips, on 1st reading (7-0). 01/11/07: Approved GR- CO district zoning with changes to the draft rezoning ordinance: 1) to permit general retail sales (general) and automobile sales uses and 2) to establish restaurant (general) as a conditional use, on 2nd and 3rd readings (7-0). 5 of 15B-3C14-2020-0099 6 * The Commissioners requested information on floodplain, water and wastewater services for the area and projection o FM 620 improvements. 6/06/06: Approved a postponement request to 07/18/06 by the applicant (9-0); J. Martinez-1st, J. Pinnelli-2nd. 7/18/06: Approved a postponement request by the applicant to 8/15/06 (6- 0, B. Baker, J. Martinez, J. Gohil – absent); M. Hawthorne-1st, C. Hammond-2nd. 8/15/06: Approved a postponement request by the applicant to 9/05/06 (8-0, K. Jackson – absent); J. Martinez-1st, J. Pinnelli- 2nd. 9/05/06: 1ST Motion: Approved staff;s rec. for LR-CO zoning (4-3, B. Baker, J. Pinnelli, S. Hale – Nay); K. Jackson-1st, C. Hammond-2nd. Motion Failed. 2nd Motion: Motion made to maintain DR district zoning and rezone the I-RR portion to DR. (5-2, S. Hale, K. Jackson – Nay, T. Rabago – off dais, J. Shieh-absent); B. Baker- 1st, J. Martinez-2nd. 6/15/04: Approved staff rec. for PUD zoning with conditions, including EV Board rec. (9-0) Unzoned to PUD 6/17/11: Approved PUD zoning with conditions (7-0); all 3 readings C814-04-0066 (Robinson Property: West Parmer Lane and North FM 620 Road) 6 of 15B-3C14-2020-0099 7 C814-99-0001.05 (Avery Ranch PUD Amendment #5) 4/04/06: Approved staff’s recommendation for PUD amendment by consent (7-0, T. Rabago, J. Pinnelli- absent); J. Martinez-1st, J. Gohil-2nd. 5/18/06: Approved PUD amendment by consent (7-0); all 3 readings To amend the PUD to rezone 14.694 acres of land from I-RR to PUD to be incorporated into Tracts III-G and III-H of the Avery Ranch Planned Unit Development (PUD) and to amend the Avery Ranch PUD Land Use Table to permit Village Center Residential (VCR) uses, Service Station use, Liquor Sales use (not to exceed 6,000 square feet and prohibiting Cocktail Lounge), and Mobile Home Residential use on Tract II-E of the PUD. PUD to PUD PUD to PUD PUD to PUD C814-99-0001.04 (Avery Ranch PUD Amendment #4) C814-99-0001.03 (Avery Ranch PUD Amendment #3) C814-99-0001.02 (Avery Ranch PUD Amendment #2) 9/06/05: Approved staff’s recommendation of PUD zoning by consent (9-0) 9/21/04: Approved staff’s recommendation of PUD amendment by consent (7- 0, K. Jackson-off dais, J. Gohil-absent) 1/28/03: Approved staff’s recommendation of PUD zoning (6-0, J. Martinez, K. Jackson-off dais) PUD to PUD C814-99-0001.01 (Avery Ranch PUD Amendment #1) 6/18/02: Postponed to 7/16/02 by the applicant (8-0, A. Adams-absent) 7/16/02: Postponed to 7/30/02 by the staff for 5/12/05: Postponed indefinitely by the applicant (7-0) 2/27/03: Granted PUD zoning as rec. by the ZAP Commission on 1st reading (6-0, Goodman- off dais) 4/24/03: Approved PUD (6-0, Garcia-off dais); 2nd/3rd readings 10/10/02: Granted PUD on 1st reading (7-0) 1/30/03: Approved PUD amendment (7-0); 2nd/3rd readings 7 of 15B-3C14-2020-0099 8 re-notification purposes (6-0, M. Casias/ D. Castaneda/ K. Jackson- absent) 7/30/02: Postponed to 9/10/02 by the applicant and neighborhood (6-0, V. Aldridge-absent) 9/10/02: Approved staff’s recommendation for PUD zoning; by consent (6-0, D. Castaneda-absent) RELATED CASES: N/A EXISTING STREET CHARACTERISTICS: ASMP Required ROW Defer to TxDOT 120’ FM 620 Variable None Pearson Ranch Road Name Existing ROW Pavement ASMP Classification Sidewalks Bicycle Route ~108’ 66’ 4 3 No Yes Yes No Capital Metro (within ¼ mile) No No OTHER STAFF COMMENTS: Comprehensive Planning This zoning case is situated on the west side of North FM 620 and the east side of Pearson Ranch Road, and just north of the FM 620 frontage road, which contains an undeveloped a 5.486 acre parcel. The property is located within Austin’s Limited Purpose jurisdiction and is not located along an Imagine Austin Activity Center, Activity Corridor or within a small area planning area. Surrounding land uses include vacant land and a residential subdivision to the north; to the south is the FM 620 frontage Road, which parallels Texas Highway 45; to the east is a landscape supplier, a hair salon and vacant land; and to the west is a monument maker, a landscape supplier and the Round Rock ISD transportation center. The proposed use is a multifamily project with an unspecified number of units. Connectivity There are public sidewalks and an unmarked and unprotected bike lanes located along both sides of Pearson Ranch Road, but there are no public sidewalks or bike lanes along the FM 620 frontage road and North FM 620. There are also no public transit stops in this area. This area also lacks public schools, parks and goods and services within a quarter mile 8 of 15B-3C14-2020-0099 9 radius. The mobility options in the area are below average and make it difficult to access the shopping options located approximately one mile west and one half of a mile east from the subject property, beyond using a car. Imagine Austin The Imagine Austin Growth Concept Map identifies this property as not being located near an Imagine Austin Center or along an Imagine Austin Corridor. Despite this, FM 620 is a well-travelled corridor for cars in this portion of Austin, which an expanding number of land uses. 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. • 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 the lack of mobility options beyond the car to access goods and services nearly a mile down the road but providing residential housing, the project appears to only partially support the policies of the Imagine Austin Comprehensive Plan. Environmental The site is located over the North Edwards Aquifer Recharge Zone. The site is in the Lake 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 % of Gross Site Area with Single-Family Residential (min. lot size 5750 sq. ft.) One or Two Family Residential (lot size < 5750 sq. ft.) Multifamily Residential Commercial 45% 55% 60% 65% Transfers 50% 60% 65% 70% 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. 9 of 15B-3C14-2020-0099 10 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 ls that preempt current water quality or Code requirements. Fire No comments. Parks Parkland dedication will be required for new residential units proposed by this development, MF-4, at the time of development application, whether subdivision or site plan. The site is currently located in the limited purpose jurisdiction, Williamson County. As such, the parkland dedications requirements will be consistent with the regulations applicable to the limited purpose jurisdiction. See City Code § 26-1-601 for applicability: (B) Except as otherwise provided in this section, the parkland dedication requirements of this article apply to: (1) a residential subdivision within the planning jurisdiction; (2) a site plan within the zoning jurisdiction that includes residential units or a hotel-motel use; and (3) a residential building permit, as provided under Section 25-1-608 (Dedication of Land or Payment In-Lieu at Building Permit). This reviewer acknowledges the request for an early determination of parkland dedication requirements, consistent with § 25-1-605 (C). Site Plan Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. Multifamily developments require five percent of the site area to be designated as open space. This will need to be detailed on the site plan. The site is subject to compatibility standards. Along the east and west property lines, the following standards apply: a. No structure may be built within 25 feet of the property line. b. No structure in excess of two stories or 30 feet in height may be constructed c. 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. 10 of 15B-3C14-2020-0099 11 d. No parking or driveways are allowed within 25 feet of the property line. e. A landscape area at least 25 feet wide is required along the property line. In addition, a fence, berm, or dense vegetation must be provided to screen adjoining properties from views of parking, mechanical equipment, storage, and refuse collection. Additional design regulations will be enforced at the time a site plan is submitted. Transportation The Austin Strategic Mobility Plan (ASMP), adopted 04/11/2019, recommends that right-of- way needs be deferred to TxDOT. It appears that Pearson Ranch Road is a private roadway with a public easement at this time. A traffic impact analysis should also be deferred to the site plan application when land uses and intensities will be finalized. Name Existing ROW ASMP Required ROW Pavement ASMP Classification Sidewalks Bicycle Route Capital Metro (within ¼ mile) FM 620 Pearson Ranch Road Variable None Defer to TxDOT 120’ ~108’ 66’ 4 3 No Yes Yes No No No 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. 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 11 of 15B-3V RIA C B M A C C A M B R I A D R O C O N T O D R EXHIBIT A EPHRAIM RD W I L M O N T C V G U S T I N E C V M O N T O Y A C I R M O N T O Y A C V V C A L O I ( ( O A K C T ( ( ( ( ( ( ( DR GARAGE GR-CO MH CAR\SALES UNDEV ( DR ( S H A D Y L N UNDEV ! ! ! ! ! ! ! ! ! ! ! ! ! ! MF-3 C14-2018-0009 UNDEV DR ! ! ! ! ! ! ! P E A R S O N R A N C H R D ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! N F M 6 2 0 R D PUD CS-CO C14-2011-0097 DR C14-2011-0148 CS-CO C14-97-0030 97-0030 N FM 620 RD SB N SH 45 W WB N SH 45 W SVRD WB N SH 45 W EB N FM 620 RD NB N SH 45 W SVRD EB C814-04-0066 PUD ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ZONING ZONING CASE#: C14-2020-0099 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: 8/31/2020 12 of 15B-3C A M B D R R I A M O N T O Y A C I R E S S O V O C EXHIBIT B EPHRAIM RD G U S T I N E C V J41 O C O N T O D R P O M PA N O C V M O N T O Y A C V A L O I V C O A K C T S H A D Y L N DR GR-CO DR CS-CO CS-CO DR N SH 45 W WB TO W PARMER LN RAMP N FM 620 RD SB N SH 45 W WB N SH 45 W EB N FM 620 RD NB F M 6 2 0 R D N E B F M A T 6 2 0 R D N T R N C14-2020-0099 DR MF-3 N F M 6 2 0 R D P E A R S O N R A N C H R D PUD N SH 45 W SVRD WB N SH 45 W WB N SH 45 W SVRD EB J40 N SH 45 W EB W 5 4 H S N N T A B W D R V S N R T 0 2 6 M F PUD ± 1'' = 400' SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER Rezoning of 15204 N FM 620 ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2020-0099 15204 N FM 620 5.486 ACRES J40 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. Copyright nearmap 2015 13 of 15B-3EXHIBIT C ARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 Jewels Cain (512) 435-2318 jcain@abaustin.com August 20, 2020 Jerry Rusthoven Planning and Development Review Department City of Austin 505 Barton Springs Road, 5th Floor Austin, TX 78704 Re: Rezoning of 15204 N. FM 620 Road, in Austin, Williamson County, Texas (5.486 acre) (the "Application") Dear Mr. Rusthoven: This letter is submitted on behalf of CWS Capital Partners, LLC who has contracted with the owners to purchase the property in the above referenced Application. The area to be rezoned is 5.486 acres of land located at 15204 N. FM 620, in Austin, Williamson County, Texas (the “Property”). The Property is located in the City of Austin Limited Purpose Jurisdiction. Field notes are being submitted with this application to define the footprint of the zoning request. The Property is zoned Development Reserve (DR) and is currently undeveloped. The request is to rezone the Property from DR to Multi-family (MF-4) to allow for a multi-family project. A Traffic Impact Analysis (TIA) has been waived since the proposed project will not exceed the allowable threshold established in the Land Development Code. The TIA Determination signed by Amber Mitchell on June 10, 2020 is included in the submittal package. {W0997469.1} 14 of 15B-3ARMBRUST & BROWN, PLLC Page 2 any questions or need additional information, please do not hesitate to contact me at (512) 435- 2318. Thank you in advance for your time and consideration of this zoning request. If you have Respectfully, ARMBRUST & BROWN, PLLC Jewels Cain Land Development Consultant cc: Sherri Sirwaitis, City of Austin Jarrett Sullivan, CWS Capital Partners, LLC {W0997469.1} 15 of 15B-3