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ZONING CHANGE REVIEW SHEET TO: LI-PDA CASE: C14-2020-0117 (Samsung Rezoning Tract 1 and 3-1) DISTRICT: 1 ZONING FROM: PUD Nature of the Request: The applicant is requesting to rezone the property to LI-PDA, Limited Industrial-Planned Development Area Combining District, zoning to create a new PDA area that will provide for the expansion of the Samsung Austin Semiconductor campus. Please see the Applicant Request Letter – Exhibit C. The applicant is proposing PDA conditions for this property that will mirror the uses, subdivision requirements and site development standards that were approved in the original Samsung PDA site through Ordinances No. 960229-L and 20190509-031. Please see the Proposed PDA Subdivision and Site Development Standards – Exhibit D. ADDRESS: 3215 East Parmer Lane SITE AREA: Tract 1: 56.42 acres (2,457,655.2 sq. ft.) Tract 3-1: 39.28 acres (1,711,036.8 sq. ft.) 95.70 acres (4,168,692.0 sq. ft.) PROPERTY OWNER: Samsung Austin Semiconductor, LLC AGENT: Drenner Group, PC (Dave Anderson) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMENDATION: Staff recommends LI-PDA, Limited Industrial-Planned Development Area Combining District, zoning with conditions. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: December 1, 2020 CITY COUNCIL ACTION: December 10, 2020 ORDINANCE NUMBER: ISSUES: C14-2020-0117 2 An amendment to the Pioneer Crossing Planned Unit Development (PUD) will be deferred. A condition of the approval for this case is a PUD amendment will be initiated to address the removal of this land area from the Pioneer Crossing PUD. CASE MANAGER COMMENTS: This property in question comprised of two undeveloped tracts of land located on the southeast corner of East Parmer Lane and Samsung Boulevard. This 95.98 acre site is to the east of the Samsung Semiconductor industrial campus across Samsung Boulevard. The original Samsung Austin Semiconductor plant is a 300-acre tract of land that fronts onto East Parmer Lane. The property was zoned LI-PDA in zoning case C14-96-0007 through Ordinance No. 960229-L. Surrounding land uses in the Pioneer Crossing Planned Unit Development (PUD) include undeveloped tracts of land directly to the north, south, east and west. There is a single-family residential neighborhood further to the south (Pioneer East). In this request, the applicant is requesting to remove land from the Pioneer Crossing PUD to rezone it to LI-PDA to create a new Planned Development Area (PDA) that will consistent with the zoning of the existing Samsung campus. The proposed PDA agreement will reflect almost the same conditions approved on the current Samsung Austin Semiconductor site through Ordinances No. 960229-L and 20190509-031. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. 2. Limited industrial service (LI) district is the designation for a commercial service use or limited manufacturing use generally located on a moderately-sized site. The purpose of a planned development area (PDA) combining district is to: incorporate the terms of a planned development area agreement into a provide for industrial and commercial uses in certain commercial and (1) industrial base districts; or (2) zoning ordinance following annexation of a property that is subject to a planned development area agreement. The rezoning should be consistent with the policies and principles adopted by the City Council or Planning Commission. The staff recommends the applicant’s request for LI-PDA zoning as the property is located on an arterial roadway, East Parmer Lane, which is a designated Activity Corridor as shown on the Imagine Austin Growth Concept Map. In addition, site C14-2020-0117 3 3. under consideration is approximately 0.81 of a mile from the Harris Branch Neighborhood Center, as identified in the Imagine Austin Comprehensive Plan. Zoning should allow for reasonable use of the property. LI-PDA zoning will permit the applicant to develop this property with civic, commercial and industrial uses that are consistent with the Samsung Austin Semiconductor plant to the west and that will create new job opportunities in this area of the city. The applicant agrees with the staff’s recommendation. EXISTING ZONING AND LAND USES: Site North East South West ZONING PUD (Pioneer Crossing PUD) PUD (Pioneer Crossing PUD) PUD (Pioneer Crossing PUD) PUD (Pioneer Crossing PUD) LI-PDA (Samsung PDA), PUD (Pioneer Crossing PUD) Undeveloped Tracts of Land LAND USES East Parmer Lane, Undeveloped Tracts Undeveloped Tracts, Single-Family Residences Single Family Residential (Pioneer East), Undeveloped Samsung Boulevard, Industrial (Samsung Austin Semiconductor), Undeveloped Tract NEIGHBORHOOD PLANNING AREA: N/A TIA: N/A WATERSHED: Harris Branch NEIGHBORHOOD ORGANIZATIONS: Austin Neighborhoods Council Austin Lost and Found Pets Bike Austin Friends of Austin Neighborhoods Harris Branch Residential Property Owners Association Homeless Neighborhood Association North Gate Neighborhood Association North Growth Corridor Alliance CITY COUNCIL 5/09/19: The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20190509-031 for LI-PDA combining district zoning, to change a condition of zoning was approved on Council Member Flannigan’s motion, Council Member Renteria’s second on an 11-0 vote. N/A C14-2020-0117 4 SELTEXAS Sierra Club, Austin Regional Group Techridge Neighbors AREA CASE HISTORIES: REQUEST COMMISSION LI-PDA to LI-PDA 4/02/19: Approved staff’s NUMBER C14-96-0007.01 (Samsung Austin Semiconductor PDA Amendment #1: 12100 Samsung Boulevard) C814-96-0003.13 (Pioneer Crossing PUD Amendment #13: East Parmer Lane) recommendation for LIPDA zoning to amend the PDA overlay to permit a maximum building height of 130 feet. For structures other than buildings, the maximum height may not exceed 150 feet. by consent (8-0, J. Duncan, E. Ray-absent); S. Lavani1st, B. Evans-2nd. 1/19/18: Approved Administratively by the Staff - The purpose of this change is to decrease the amount of potential development along the riparian corridors while maintaining the development entitlements already approved for this portion of the PUD. This amendment is considered a non-substantial amendment because the total residential amounts and approved densities for residential units, commercial space and community recreation/parkland dedication areas will remain the same. PUD to PUD: The applicant is requesting changes to the land use plan to relocate the community recreation areas to the central portion of the site near Harris Branch Creek with another community recreation area following Tributary 6 to Harris Branch in the southern portion of the tract. C14-2020-0117 5 C814-96-0003.12 (Pioneer Crossing PUD Amendment #12: 2500 E. Braker Lane) PUD to PUD: To change the proposed land use designation on parcel W11 from GR, Community 8/16/13: Approved Administratively by the Staff - The staff supports the applicant’s request to reduce the intensity of N/A Commercial, to SF5, Urban Family Residence. uses near other residential parcels within the PUD. This change will permit the applicant to develop this 17.281 acre parcel with residential uses adjacent to an existing SF-5 parcel to the west (W12), SF-2 parcel (W9) to the north, and public park parcel (W10) to the east. In addition, the staff has asked the applicant to add a note to the PUD land use plan stating that, “The alignment of SH-130 has been relocated by the Texas Department of Transportation to a location outside the boundaries of the Pioneer Crossing PUD and it is therefore no longer a part of this development”. This notation will help to clarify the parcels/right-ofway layout within the PUD on the land use plan. C14-2020-0117 6 C814-96-0003.11 (Pioneer Crossing PUD Amendment #11: 2101 East Parmer Lane) N/A Case expired on 9/20/13 as the applicant did not submit and update 180 days from the date the application was filed per LDC Sect. 25-5-113. PUD to PUD: To reduce the intensity of uses permitted and to allow for single-family residential uses adjacent to the existing SF-2 parcel (W4) and public park parcel (W10) to the south, to remove the all of minimum setback requirements and to reduce the minimum lot size to from 5,750 sq. ft. 2,500 sq. ft. for the SF-6 proposed on development parcel (W2B), to remove all interior side yard setbacks on the proposed SF-3 (W3) SF-6 residential (W2B) parcels and to designate a new10+ ‘GR’ district parcel along Parmer Lane. and C14-2020-0117 7 C814-96-0003.10 (Pioneer Crossing PUD Amendment #10: 2400-2700 Block of East Parmer Lane) 8/25/11: Approved PUD zoning with conditions by consent on all 3 readings (7-0); B. Spelman-1st, L. Morrison-2nd. the land 8/02/11: Approved staff’s recommendation for PUD zoning by consent to establish a new Parcel E4A with following conditions: Parcel E4A will have the LI zoning district use designation, will have a maximum height limit of 150-feet for a structure other than a building, and will allow Basic Industry as a permitted land use on the site. Vote: (5-0, G. Bourgeois-off dais, C. Banks-absent); D. Tiemann-1st, S. Baldridge- 2nd. 5/03/11: Approved staff’s recommendation for PUD zoning by consent (6-0); D. Tiemann-1st, C. Banks- 2nd. PUD to PUD: To create a new Parcel E4A. Parcel E4A will have the LI zoning district land use designation, will have a maximum of height 150feet a structure other than a building, and will allow Basic Industry a permitted land use on the site. limit for as PUD to PUD: To amend the PUD to create a new parcel that will now be known as Parcel E21 for the property located at 2405 East Yager Lane and to designate “P” Public zoning district permitted uses and site development standards for Parcel E21 within the PUD. C814-96-0003.09 (Pioneer Crossing PUD Amendment #9: 2405 E. Yager Lane) 6/23/11: Approved PUD amendment on all 3 readings (7-0) C14-2020-0117 8 The applicant also requests that Major Utility Facilities and Maintenance and Service Facilities shall be permitted uses on this parcel within the PUD so that they will not be subject to the conditional use permit requirement for a property that is zoned P-public and greater than one acre. PUD to PUD C814-96-0003.07 (Pioneer Crossing PUD Amendment #7: E. Parmer Lane) 7/24/08: The public hearing was closed and the first reading of the ordinance for planned unit development(PUD) district zoning to change a condition of PUD zoning with a condition was approved (7-0); Mayor Pro Tem McCracken-1st, Member Council Morrison-2nd. The condition was to require detached single family homes. 5/20/08: Approved the PUD amendment with conditions (7-0, J. Martinez-absent): Limit the maximum number of units to what is currently approved in the PUD. Thereby, not allowing for an increase in the overall residential density within the PUD. Require TIA amendments to be conducted for any future proposed formal amendments to this PUD.* * The original ordinance that approved the Pioneer Crossing PUD (Ordinance No. 970410-I) states in Part 7(a) that, “Section 131-453(d)(6) of the Code (regarding substantial amendment of an adopted Land Use Plan) is modified for the purposes of this PUD only, as follows:(6) Unless otherwise approved by the Transportation Review C14-2020-0117 9 Section of the City of Austin, shifting development intensity, even with corresponding and equivalent decrease in some other portion of the PUD, in a manner which results in a level of service “E” or “F” on any roadway segment or intersection included in the area of the TIA submitted in connection with the approved PUD.” The Transportation division determined that there was no change in the density with the proposed land use change in this PUD amendment. However, this statement will require any future substantial amendments to the Pioneer Crossing PUD that affect the level of service “E or “F’ of the roadways within the approved TIA to be reviewed by the Transportation staff through a TIA amendment. Therefore, in PUD future amendments, TIA addendum recommendations will be presented in a memorandum to the Land Use Commission and City Council for their consideration. formal C14-2020-0117 10 C814-96-0003.06 (Pioneer Crossing PUD Amendment #6: W. Braker Lane at Musket Valley Trail) C814-96-0003.05 (Pioneer Crossing PUD Amendment #5) C814-96-0003.04 (Pioneer Crossing PUD Amendment #4) PUD to PUD: To change the land use designation on parcel W6 from “school” to GR-MU PUD to PUD: Proposed administrative amendment to change uses on Parcel open space/parkland locations within the PUD PUD to PUD: To amend land area for SF-2 development regulations from 534.42 acres to 471.21 acres and SF5 development regulations from 86.25 acres to 149.44 acres. No density limits or original PUD approvals are proposed to change. 4/01/08: Approved staff rec. to amend PUD (6-0, T. Rabago, J. Martinezabsent) 6/19/07: Administratively approved by staff 1/15/09: Approved Ordinance No. 2009115-96 for PUD zoning to change a condition of zoning (6-0) N/A 4/19/05: Approved staff rec. for PUD amendment by consent (7-0) 5/19/05: Approved PUD amendment (6-0); 1st reading 7/28/05: Approved PUD amendment (7-0); 2nd/3rd readings C814-96-0003.03 (Pioneer Crossing PUD Amendment #3) PUD to PUD: Increase the boundaries of the PUD by 138 acres 3/25/03: Approved staff rec. for PUD amendment (8-0) C814-96-0003.02 (Pioneer Crossing PUD Amendment #2) PUD to PUD: Proposed administrative revision 3/12/02: Approved by staff 4/24/03: Approved PUD amendment (6-0); 1st reading 5/12/05: Approved PUD amendment (6-0); 2nd/3rd readings N/A C14-2020-0117 11 C14-96-0007 (Austin-Jourdan Crossing Project: 2301-3501 E. Yager Lane) C814-96-0003 (Pioneer Crossing PUD) RELATED CASES: I-RR to LI-PDA 2/20/96: Approved LI- PDA zoning (9-0) 2/29/96: Approved LIPDA zoning subject to conditions (7-0); all 3 readings I-RR to PUD 3/18/97: Approved staff rec. of PUD with conditions (8-0) 4/10/97: Approved PUD with conditions (7-0); all 3 readings C814-96-0003 - Previous Zoning Case EXISTING STREET CHARACTERISTICS: Name Existing ROW ASMP Required ROW Pavement ASMP Classification Sidewalks Bicycle Route Capital Metro (within ¼ mile) No No No No No No N/A N/A Yes Yes Yes Yes 200’ 100’ Samsung Blvd. Parmer Lane E. Braker Lane Arterial A None ~110 116’ ~48’ 154’ ~92’ 120’ 120’ N/A (Future Roadway) N/A (Future Roadway) 3 4 3 3 (Future Roadway) OTHER STAFF COMMENTS: Comprehensive Planning This property is located on the southeast corner of East Parmer Lane and Samsung Boulevard on a 95.98 acre site, which is vacant. The Samsung Semiconductor PDA was approved in 1996 and the main facility is located across the street on the west side of Samsung Boulevard. The property is located along the East Parmer Lane Activity Corridor and approximately 0.81 of a mile from the Harris Branch Neighborhood Center and is not located within the boundaries of a neighborhood planning area. Surrounding land uses include vacant land to the north; to the south is a single family subdivision; to the east is vacant land and single family housing; and to the west is the Samsung Semiconductor Factory. Connectivity There are no CapMetro transit stops located within a quarter of a mile along E. Parmer Lane or along Samsung Boulevard. A public sidewalk system is partially located along one side of East Parmer Lane. No public sidewalks are located along Samsung Blvd., until approaching C14-2020-0117 12 the elementary school and the residential subdivision to the south. There is a bike lane going both directions partially along Samsung Blvd., near the public school, but the bike lane ends once it approaches the Samsung factory. The mobility and connectivity options in this area are below average. Imagine Austin The Imagine Austin Growth Concept Map, found in the Imagine Austin Comprehensive Plan identifies this section of E. Parmer Lane as an Activity Corridor. Activity Corridors are characterized by a variety of activities and types of buildings located along the roadway — shopping, restaurants and cafés, parks, schools, single-family houses, apartments, public buildings, houses of worship, mixed-use buildings, and offices. The following policy is applicable to this request: • LUT P20. Locate industry, warehousing, logistics, manufacturing, and other freightintensive uses in proximity to adequate transportation and utility infrastructure. As stated previously, the 300-acre Samsung Semiconductor factory site was rezoned from RR to LI-PDA in 1996 with the first facility becoming operational in 1997. This pre-dates the Imagine Austin Comprehensive Plan which was approved by Council in June 2012. The Samsung facilities were twice expanded in 1997 and 2017 and this request is another proposed expansion of their facilities. At the time of construction and into the early 2000s, the facility was surrounded by fields and vacant land. Since then, residential and civic uses have developed in close proximity to the site. Imagine Austin is silent on structural heights but supports industrial uses located near transportation infrastructure. This property is located along a major arterial road with access to both IH-35 and SH-130. Environmental Comments have been addressesd. Fire No Comments. Parks and Recreation The rezoning to LI-PDA does not propose residential or hotel-motel uses. There are currently no parkland dedication requirements for non-residential or non-hotel developments. Site Plan Site plan comments will be issued at time of formal site plan submittal. Transportation The Austin Strategic Mobility Plan (ASMP), adopted 04/11/2019, identifies a need for 120’ of right-of-way for the extension of E. Braker Lane and 120’ of right-of-way for the future Arterial A. Additionally, up to 58’ of right of-way from the centerline of Samsung Blvd. may C14-2020-0117 13 need to be dedicated, pending future analysis. Existing right-of-way appears sufficient for Parmer Lane, per the ASMP. Right-of-way should be dedicated for these three roadways at the time of subdivision or site plan. A traffic impact analysis is deferred to the time of site plan application when all land uses and intensities will be known. 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. INDEX OF EXHIBITS TO FOLLOW A: Zoning Map B. Aerial Map C. Applicant’s Revised Request Letter D. Proposed PDA Subdivision and Site Development Standards E. Ordinance No. 960229-L and 20190509-031   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: 11/10/2020   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.   EXHIBIY D SUBDIVISION AND SITE DEVELOPMENT STANDARDS 1. Applicable Subdivision Regulations The following standards/criteria shall apply to each subdivision or subdivision modification, regardless of otherwise applicable City requirements: A. Block Length The maximum block length as required by LDC §25-4-153 is hereby waived. A commercial or industrial block has no maximum block length if the director determines that there is adequate traffic circulation and utility service. 2. Applicable Site Development Regulations City acknowledges that development on the Site will occur over time through the submission of multiple site plans. 3. Uses Authorized in Zoning Districts All permitted uses and accessory uses in the LI zoning category, except resources extraction, shall be allowed. In addition, all uses in Attachment One are specifically permitted. 4. Environmental Regulations A. LDC §25-8-42 shall be modified as follows for the Site: The director of the Watershed Protection Department may grant a variance from a requirement of Section 25-8-341 (Cut Requirements) or Section 25-8-342 (Fill Requirements) according to the limits in the following table for cut/fill above 4 feet not already permitted by Code per §25-8-341 (A) or §25- 8-342 (A), provided that the cut or fill 1) is not located on a slope with a gradient of more than 15 percent or within 100 feet of a classified waterway; 2) is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; and 3) does not create a significant probability of harmful environmental consequences: Depth of Cut or Fill (feet) 8-15 15-20 20-25 25+ Area (% Gross Site Area) 25 10 5 1 Cut and/or fill quantities can be transferred from categories of higher cut/fill to those of lower cut/fill.  5. Site Development Regulations The following standards/criteria shall apply to each site plan or site plan modification, regardless of otherwise applicable City requirements: A. Building Height: Maximum height shall be one hundred and thirty (130) feet except as provided below: The following structures and features may exceed the maximum height of one hundred and thirty (130) feet with an additional fifteen percent (15%) in height, as may be necessary to comply with generally accepted engineering practices for stacks and vents, or any applicable federal or state law, regulation, guidelines, or order, whichever is greater: 1) Parapet walls, communication facilities, chimneys and vents, and mechanical or safety features such as fire towers, stairways, elevator penthouses, heating and cooling equipment and protective covers. 2) Ornamental towers, cupolas, domes, and spirals not designed for human occupancy. For structures other than buildings, the maximum height may not exceed one hundred and fifty (150) feet. 6. Signs The maximum amount of total combined area for freestanding signs (3 sq. ft. and larger) shall be limited to a combined sign area of 600 sq. ft. for the site. Additional regulation for individual freestanding signs, include: 1) Freestanding signage at each entrance driveway will not exceed an area of sixty (60) square feet (nominal height of six (6) feet and a nominal length of ten (10) feet). 2) A freestanding Corporate Identity sign located at the northwest or northeast corner of the site will not exceed an area of six hundred (600) square feet (nominal height of twenty (20) feet and a nominal length of thirty (30) feet). 7. Transportation A. Off-Street Parking and Loading 1) There shall be one off-street parking space per 300 square feet of office or administrative activity space designed for human occupancy. There shall be one off-street parking space per 1,000 square feet of indoor manufacturing space designed for human occupancy. 2) There shall be one off-street loading space per 150,000 square feet of occupied office, administrative, and indoor manufacturing space. 3) For manufacturing and related support (e.g., gowning, lockers) and test/sort areas, the number of square feet in the unoccupied mechanical, electrical, machine, Emergency Response Team, air return and interstitial, utility, service and similar spaces shall not be included in determining parking and loading space computations. 4) Accessory uses including but not limited to, kitchen, cafeteria, dining, auditorium and similar spaces; recreational facilities, day-care centers and/or other similar facilities, shall not  8. Landscaping be included in the areas used to determine the required parking and loading space computations. Landscaping requirements shall apply to the Site, provided that the application of landscaping requirements shall not reduce allowable impervious cover. This site is not within or subject to the endangered species survey area under the Land Development Code. 9. Endangered Species 10. Tree Survey and Preservation Tree survey and preservation requirements shall apply only to trees that are nineteen inches (19") in diameter or greater. 11. Noise The maximum allowable sound pressure level measured along each property line shall be based on the hourly Ldn measurement methodology, adjusted as follows for the zoning designation of the adjoining property: 1) Commercial Zoning Sound Pressure Level - 65 DBA 2) Industrial Zoning Sound Pressure Level - 70 DBA These measurements should be made at the property line using the DNL (Ldn) measurement methodology.  ATTACHMENT ONE Permissible Uses The following uses are specifically allowed in addition to accessory and related uses: • Basic Industry • Custom Manufacturing • Light Manufacturing • Limited Warehousing and Distribution • General Warehousing and Distribution • Administrative and Business Offices • Business or Trade School • Business Support Services • Communications Services • Electronic Prototype Assembly • Equipment Repair Services • Medical Offices • Personal Services • Professional Office • Restaurant (limited) • Software Development • Club or Lodge • College or University Facilities • Communication Service Facilities • Community Recreation (Public or Private) • Counseling Services • Cultural Services • Day Care Services (Limited, General or Commercial) • Guidance Services • Hospital Services (Limited or General) • Local Utility Services • Major Utility Services • Off-Site Accessory Parking (Commercial or Civic) • Outdoor Sports and Recreation • Employee Recreation (Non-Profit) • Safety Services • Telecommunications Tower • Research Services • Research Testing Services • Research Warehousing Services • Research Assembly Services • Research Maintenance and Services Facilities EXHIBIT D