Zoning and Platting CommissionJune 15, 2021

B-05 (C14-2021-0032 - Shelton Road; District 1 and District 3).pdf — original pdf

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ZONING CHANGE REVIEW SHEET TO: P DISTRICTS: 1 and 3 CASE: C14-2021-0032 6610 Shelton Road ZONING FROM: SF-2 ADDRESS: 6610 Shelton Road SITE AREA: 1.64 acres PROPERTY OWNER: AGENT: City of Austin City of Austin Housing and Planning Department (Jerry Rusthoven) (Heather Chaffin) CASE MANAGER: Heather Chaffin (512-974-2122, heather.chaffin@austintexas.gov) STAFF RECOMMENDATION: Staff supports the Applicant’s request for rezoning to P district zoning. For a summary of the basis of staff’s recommendation, see case manager comments on page 2. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: June 15, 2021: June 1, 2021: Staff postponement to June 15, 2021 granted on consent. May 18, 2021: Staff postponement to June 1, 2021 granted on consent. CITY COUNCIL ACTION: To be determined. ORDINANCE NUMBER: 1 of 26B-5 C14-2021-0032 2 ISSUES: The rezoning request is intended to rezone City-owned property to P zoning in accordance with City policy. The SF-2 zoning on the property was brought to the attention of the City by a nearby property owner who was concerned that a non-residential property owned by the City may trigger compatibility standards when redevelopment occurs on their own parcel. Zoning and Platting Commission heard a presentation regarding the request on December 15th and voted to support Housing and Planning Department initiation of the request on a vote of 10-0. Please see Exhibit C- ZAP Initiation Documents. CASE MANAGER COMMENTS: The subject property is located along the east side of Ed Bluestein Boulevard slightly south of where the rail right-of-way (ROW) of the proposed Capital Metro Red Line. The Southern Walnut Creek Greenbelt Trail runs along the northern property line, and Boggy Creek runs through the subject property. The surrounding area includes single family residential areas, undeveloped parcels, and the Southern Walnut Creek Greenbelt. These properties are designated with a mix of SF-2, LI, and P zoning. Southern Walnut Creek Greenbelt was previously zoned SF-2 but rezoned to P in 2011. Please see Exhibits A and B- Zoning Map and Aerial Exhibit. Staff supports the rezoning request. The 2011 rezoning reflected City policy of correcting inaccurate zoning designation of City-owned parcels, as is this rezoning request. The property forms a part of the Southern Walnut Creek Greenbelt system. BASIS FOR RECOMMENDATION 1. The proposed zoning should be consistent with the purpose statement of the district sought. 2. Granting of the request should result in an equal treatment of similarly situated properties. Public (P) district is the designation for a governmental, civic, public service, or public institution use. A P district designation may be applied to a use located on property used or reserved for a civic or public institutional purpose or for a major public facility, regardless of ownership of the land on which the use is located. A P district designation may not be applied to government-owned property that is leased to a nongovernmental agency for a use other than a governmental service or for a use that supports a primary civic or public institutional use. EXISTING ZONING AND LAND USES: Site North ZONING SF-2 LI-NP, SF-2-NP P, SF-2 P, SF-2 N/A South East West NEIGHBORHOOD PLANNING AREA: N/A LAND USES Undeveloped Capital Metro rail ROW, Undeveloped, Single family residential Civic, Single family residential Walnut Creek Greenbelt, Single family residential Ed Bluestein Boulevard 2 of 26B-5 C14-2021-0032 3 TIA: N/A WATERSHED: Boggy Creek (Urban) NEIGHBORHOOD ORGANIZATIONS: Austin Heritage Tree Foundation Austin Neighborhoods Council Bike Austin SEL Texas FRS Property Owners Association Austin ISD Lower Boggy Creek Neighborhood Association East MLK Combined Neighborhood Contact Team AREA CASE HISTORIES: Del Valle Community Coalition Friends of Austin Neighborhoods Imperial Valley Neighborhood Association Sierra Club, Austin Regional Group Del Valle ISD ZAP/PLANNING COMMISSION TBD TBD CITY COUNCIL REQUEST SF-2-NP and LI-NP to LI- PDA-NP SF-2 to CS- MU-CO and CS-1-MU-CO GO to GR LI-NP to LI- PDA-NP January 14, 2020: To grant with conditions November 12, 2020: To grant with conditions SF-2 to CS- MU-CO January 7, 2020: To grant with conditions January 23, 2020: To grant with conditions May 15, 2018: To grant with conditions August 23, 2018: To deny request August 2, 2016: TO GRANT GR DISTRICT ZONING AS RECOMMENDED BY STAFF, ON CONSENT. (8-0) [B. Evans- 1st, S. Lavani- 2nd. G. Rojas, B. Greenberg, and J. Kiolbassa- Absent] September 22, 2016: To grant GR zoning as recommended by Staff, on consent (10-0) on CM Houston’s motion, CM Casar’s second. CM Troxclair was absent. November 3, 2011: To grant P as requested CITY INITIATED SF-2 to P October 18, 2011: To grant P as requested NUMBER C14-2020- 0150 6705 and 6501 Regiene Road C14-2017- 0148 Zen Garden C14-2019- 0137 Delwau RV Park C14-2018- 0002 Delwau Campgrounds C14-2016- 0017 Driveway Austin C14-2011- 0114 Southern Walnut Creek Hike & Bike Trail 3 of 26B-5 C14-2021-0032 4 EXISTING STREET CHARACTERISTICS: ADDITIONAL STAFF COMMENTS: Comprehensive Planning Imagine Austin The site is not located within an Activity Center or along an Activity Corridor. However, sustainability is the basis of the Imagine Austin vision statement and its hundreds of policies and actions developed through the input of thousands of community members. These policies and actions express six core principles for action to make our imagined Austin a reality, and one in particular appears to support this project: 2.) Integrate nature into the city. A beautiful, world-class system of outdoor places for recreation and environmental protection will define Austin as a world-class city. We need to develop our natural assets into a network of connected greenways and waterways. By strengthening our "green infrastructure" - parks, the urban forest, trails and greenbelts, rivers, creeks, lakes, gardens, urban agriculture, open spaces, and wildlife habitat - Austin can protect the natural environment and enhance recreational opportunities. The following Imagine Austin policies are also applicable to this case:  LUT P23. Integrate citywide and regional green infrastructure, to including such elements as preserves and parks, trails, stream corridors, green streets, greenways, agricultural lands, and the trail system, into the urban environment and the transportation network.  CFS P42. Increase connectivity between neighborhoods and from neighborhoods to parks and greenways through the use of sidewalks, bicycle lanes, multi-use paths, and trails  CFS P47. Extend existing trail and greenway projects to create an interconnected green infrastructure network that includes such elements as preserves and parks, trails, stream corridors, green streets, greenways, agricultural lands linking all parts of Austin and connecting Austin to nearby cities. Based on the Imagine Austin policies and text above, which supports the expansion and preservation of parks, trails, greenways, and other green and blue infrastructure facilities and projects in all areas of the city, the rezoning of this property to ‘Public’ supports the Imagine Austin Comprehensive Plan. Environmental 1. The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Boggy Creek Watershed of the Colorado River Basin, which is classified as an Urban Watershed by Chapter 25-8 of the City's Land Development Code. 2. Zoning district impervious cover limits apply in the Urban Watershed classification. 3. According to floodplain maps there is a floodplain within or adjacent to the project location. 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. 4 of 26B-5 C14-2021-0032 5 4. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. 5. 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. 6. This site is required to provide on-site water quality controls (or payment in lieu of) for all development and/or redevelopment when 8,000 s.f. cumulative is exceeded, and on site control for the two-year storm. 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. Parks & Recreation PR1 : PARD is supportive of the rezoning to P. Transportation ASMP Assessment No right of way is required for the Austin Strategic Mobility Plan for Shelton Road. [LDC 25-6-51 and 25-6-55]. There is an existing urban trail adjacent to the northern boundary of this site (Southern Walnut Creek Trail). Transportation Assessment No TIA is required for this request. The adjacent street characteristics table is provided below: INDEX OF EXHIBITS TO FOLLOW A: Zoning Map B. Aerial Exhibit C. ZAP Initiation Documents 5 of 26B-5 ( H A R O L D C T CS-NP 77-165 N L L IL H E N N A T C14-02-0142.002 SP91-0286C D S R T T E B HIB SF-2-NP P84-013 CS-NP ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! SF-2-NP ! ! NPA-2017-0015.02 85-220 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! LI-NP ! ! ! ! SP89-0149C ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! NPA-2017-0015.02 ! ! ! ! C14-06-0082 LI-CO-NP ! ! ! ! ! ! 06-0082 ! ! ! ! REGIENE RD ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! C14-2017-0148 LI-PDA-NP ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! C14-02-0142.002 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! B D S LV EIN B T S E U L D B E ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! SF-2 P C14-2011-0114 SHELTON RD B D N LV EIN B T S E U L D B E ! ! ! ! 87-035 P 87-035 ALLE YT O N D R V N C O T Y E L L A SF-2 N L L L E H C WIN BAY CITY BND SF-2 00-2013 R D N E V A H D N A L H G H I Y A W D N A L S G N I K SF-2 KINGSLAND CT SF-2 SF-2 R D S E R O H S D O O W N O T T O C D E LW A U L N P C14-2011-0102 SF-2 R D Y T I C E N A L SF-2 SF-2 D N Y B Y C I T A B D D R R A W O H CS-MU-CO C14-2018-0136 98-0132 SMITH RD H E S T E R R D 00-2014 SF-2 LI-CO-NP SF-2 ZONING ZONING CASE#: C14-2021-0032 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 the Housing and Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or Created: 3/16/2021 SF-3-NP P-NP NPA-2011-0016.01 C14-2011-0082 ( ( SF-3-NP ( ( ( ( ( ( THURGOOD AVE ( ( ( ( ( ( ( ( ( ( ( I R C A N E L O J 72-317 01-0153.SH ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( D CIR ( O O G R U H T ( ( ( ( ( ( ( ( ( ( ( ( 01-0153.SH 72-317 SF-3-NP 77-075 IP-NP LI-CO-NP S MITH R D B D S R V D S LV EIN B T S E U L D B E 77-075 LI ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY 6 of 26B-5 CS-NP SF-2-NP LI-CO-NP R E G I E N E R D LI-NP B D S V L EIN B T S E U L D B E B D N V L EIN B T S E U L D B E M22 SF-2 C14-2021-0032 P-NP SF-3-NP THURGOOD AVE SF-3-NP ± 1'' = 200' P Y A W D N A L S G N I K D D R WAR O H P V N C O T Y E L L A ALLE Y T O N D R CS-MU-CO SHELTON RD SF-2 BAY CITY BND M21 SF-2 N L L L E H C WIN 6610 SHELTON ROAD SF-2 SF-2 Copyright nearmap 2015 C14-2021-0032 Creek Buffers ZONING BOUNDARY ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2021-0032 6610 SHELTON ROAD 1.64 Acres M22 Heather Chaffin FULLY DEVELOPED FLOODPLAIN 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. 7 of 26B-5 MEMORANDUM *************************************************************************************************************** TO: File FROM: Heather Chaffin Housing and Planning Department DATE: March 11, 2021 RE: 6610 Shelton Road Rezoning *************************************************************************************************************** On December 15, 2020, the Zoning and Platting Commission initiated a rezoning of the above referenced property from SF-2 to P. The rezoning is for a City-owned parcel that is part of the Walnut Creek Greenbelt and Hike and Bike Trail system. While in the past the City of Austin has allowed public parkland to retain it’s original zoning, in recent years the City has moved to have public parkland to have consistent P- Public zoning. In 2017, the City initiated rezoning cases for other, larger, areas of City parkland, but smaller tracts spread across the city were not systematically rezoned. For more information, please see the attached exhibits. Exhibit 1 is an excerpt from the approved minutes of December 15, 2020 that document the initiation of the request. Exhibit 2 is a presentation that was included as part of the December 15, 2020 agenda. For additional information, please contact the Zoning Case Manager, Heather Chaffin, at 512-974-2122 or heather.chaffin@austintexas.gov. Attachments XC: Rosie Truelove, Director of Housing and Planning Department Jerry Rusthoven, Assistant Director of Housing and Planning Department Joi Harden, Zoning and Urban Design Division Manager, Housing and Planning Department 8 of 26B-5 Submitted for approval on January 5, 2021 recused due to a conflict of interest; member of board funded by Applicant. Commissioner Denkler absent. C. ITEMS FROM THE COMMISSION 1. Discussion and possible action to initiate a rezoning for property located at 6610 Shelton Road from single family residence-standard lot (SF-2) district zoning to public (P) district zoning.(Sponsors: Commissioners Bray and Ray) Motion by Commissioner Duncan, seconded by Commissioner Acosta to initiate a rezoning for property located at 6610 Shelton Road from single family residence-standard lot (SF-2) district zoning to public (P) district zoning was approved on a vote of 10-0. Commissioner Denkler absent. 2. Discussion and possible action regarding matters related to any proposed revisions to the Land Development Code including but not limited to staff updates, presentations and scheduling. (Sponsors: Chair Kiolbassa and Commissioner Duncan) Item disposed without discussion. 3. Discussion and possible action to adopt recommendations regarding the update to the Transportation Criteria Manual. (Sponsors: Chair Kiolbassa and Vice-Chair Barrera-Ramirez) Motion by Commissioner King, seconded by Vice-Chair Barrera Ramirez to forward to staff Transportation Criteria Manual recommendations and questions, was approved on a vote of 8-0. Commissioners Bray and Smith off the dais. Commissioner Denkler absent. Note: See Minutes Exhibit A, email from Chair Kiolbassa to staff. D. OTHER BUSINESS 1. Selection of three members to attend and participate in the virtual meeting Resilience Is Community – A Conversation with Austin Boards and Commissions Selection of Commissioners Aguirre and King to attend and participate in the virtual meeting Resilience Is Community – A Conversation with Austin Boards and Commissions was approved on the motion by Commissioner Evans, seconded by Commissioner Duncan on a vote of 10-0. Commissioner Denkler absent. E. FUTURE AGENDA ITEMS Future agenda items will not be discussed at the current meeting, but will be offered for initiation, discussion or possible recommendation at a future meeting. Commissioners King and Aguirre – Staff briefing regarding Tesla site. 9 of 26B-5 Request for Initiation of Rezoning: 6610 Shelton Road December 15, 2020 10 of 26B-5 11 of 26B-5 12 of 26B-5 Located in Districts 1 & 3 13 of 26B-5 Not in Neighborhood Plan Area 14 of 26B-5 15 of 26B-5 Current/Requested Entitlements Current Zoning: • SF-2 (Single-Family Residence Standard Lot) • Per §25-2-56, an SF-2 district is the designation for a moderate density single-family residential use. Proposed Zoning: • P (Public) • Per §25-2-145, a P district the designation for a governmental, civic, public service, or public institution use. A P district designation may be applied to a use located on property used or reserved for a civic or public institutional purpose or for a major public facility. is 16 of 26B-5 Site Summary Property Size: Access: • 1.53 acres, or approximately 66,603 SF • Shelton Drive • Local City Street roadway classification Environmental Features: • 100- and 500-year floodplain • Critical Water Quality Zone • Erosion Hazard Zone Easements: • Channel easement • Drainage easement • 20-foot-wide gas pipeline easement (unspecified location) 17 of 26B-5 Critical Water Quality Zone 18 of 26B-5 Floodplain 19 of 26B-5 Erosion Hazard Zone 20 of 26B-5 Drainage Easements 21 of 26B-5 LI-NP 22 of 26B-5 Regiene Rd. PDA Proposed Rezoning Property Size: - 15.69 acres (xx acres of developable land) - Easements - Compatibility - Topography Proposed Rezoning From: - SF-2-NP (Single-Family Residence Standard Lot – Neighborhood Plan) and LI-NP (Limited Industrial Services – Neighborhood Plan) To: - LI-PDA, Limited Industrial Services – Planned Development Area Uses: - Multifamily - Commercial - Light Industrial/Maker space 23 of 26B-5 Regiene Rd. Compatibility Impact Austin Energy Transmission Tower Austin Energy Easement 24 of 26B-5 Zoning Initiation Process Per LDC §25-2-242, a Land Use Commission may initiate the rezoning of a property. Initiation > Staff Review > ZAP Hearing > City Council Hearing 25 of 26B-5 Request We respectfully request that Zoning and Platting Commission initiate the rezoning of 6610 Shelton Road to “P” Public zoning designation. 26 of 26B-5