B-03 (C14-2020-0146 - 11705 Research Blvd Zoning; District 6).pdf

Zoning and Platting Commission – June 15, 2021

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ZONING CHANGE REVIEW SHEET CASE: C14-2020-0146 (11705 Research Blvd Zoning) DISTRICT: 6 ZONING FROM: LI-CO TO: LI The applicant is requesting a rezoning to remove the conditional overlay in Ordinance No. 900118-B that requires the following on the property (please see Applicant’s Request Letter - Exhibit C): 1) Building height is limited to a maximum of 40 feet. 2) The following uses are prohibited: Scrap and Salvage Automotive Rentals Automotive Sales Resource Extraction Basic Industry Convenience Storage Automotive Repair Automotive Washing Hotel-Motel Vehicle Storage 3) The following uses shall be prohibited on approximately 1.67 acres on the rear portion of the property for a depth of 150 feet: General Warehousing and Distribution Equipment Repair Services Equipment Sales Kennels 4) Development on the property shall be subject to the conditions of the Transportation Impact Analysis (TIA) prepared by Watson, Hall and Machemekl Transportation Engineering Consultants, Inc. dated February 1989. 5) No building permit for construction on the property shall be issued unless at the time an application for a building permit is submitted all city requirements have been met and one of the following has occurred: i. a site plan for development of the property or any portion of the property has been approved and released by the City of Austin or construction contracts have been awarded for roadway improvements along U.S. Highway 183 between the Williamson County Line and Balcones Drive. ii. ADDRESS: 11705 Research Boulevard Service Road Northbound SITE AREA: 5.580 acres (243,065 sq. ft.) PROPERTY OWNER: 3M Company AGENT: Drenner Group, PC (Amanda Swor) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMENDATION: Staff recommends LI-CO, Limited Industrial Conditional Overlay Combining District, zoning. The conditional overlay will maintain the following conditions from the current zoning ordinance for this property (Ordinance No. 900118-B): B-31 of 1481) The following uses are prohibited on the Property: Scrap and Salvage Resource Extraction Basic Industry Vehicle Storage portion of the property for a depth of 150 feet: General Warehousing and Distribution Equipment Sales Equipment Repair Services Kennels 2) The following uses shall be prohibited on approximately 1.67 acres on the rear ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: April 20, 2021: Approved staff's request for a postponement to May 4, 2021, by consent (9-0, J. Kiolbassa – absent); H. Smith- 1st, D. King – 2nd. May 4, 2021: Approved neighborhood's request for a postponement to June 1, 2021, by consent (8-0, C. Acosta and E. Ray-absent); H. Smith-1st, D. King-2nd. June 1, 2021: Approved applicant's request for a postponement to June 15, 2021, by consent (8-0, C. Acosta and T. Bray-off dais); H. Smith-1st, J. Kiolbassa-2nd. June 15, 2021: CITY COUNCIL ACTION: ORDINANCE NUMBER: B-32 of 148ISSUES: The staff and the applicant conducted research to find the Transportation Impact Analysis (TIA) prepared by Watson, Hall and Machemekl Transportation Engineering Consultants, Inc. dated February 1989, which is associated with the previous zoning case for this property (case C14-89-0009). In this rezoning application, the applicant is requesting to remove the conditional overlay in Ordinance No. 900118-B, which includes the TIA conditions for the site. The staff placed a public information request with the city to attempt to locate this information. However, the Austin Transportation Department and the Development Assistance Center were unable to find the original TIA document. The Development Services Department Transportation Review staff was only able to find the TIA memorandums for the original zoning case (please see TIA Memos - Exhibit E). As this is an old TIA, it is possible that the paper copy may have b een misplaced with the move to the new PDC building. The ATD staff has stated that the applicant will be required to conduct a new TIA at the site plan stage when the land use intensities and the site layout will be known. The ATD staff will be requiring a master TIA for the larger site with the first site plan application. CASE MANAGER COMMENTS: The property in question is a 5+ acre undeveloped tract of land that fronts onto U.S. Highway 183/Research Boulevard. This site is part of the 3M business campus, which surrounds this tract to the north and east. The lots to the west consist of a General Retail Sales use (Cash America Pawn), an office building, and a single-f amily residence. In this request, the applicant is asking to remove the existing conditional overlay that was placed on this property in zoning case C14-89-0009 through Ordinance No. 900118-B (Please see Applicant’s Request Letter – Exhibit C and the Current Zoning Ordinance – Exhibit D). The intended use for the site is office/retail. The staff recommends LI-CO zoning, with a conditional overlay to maintain some of the conditions from the current zoning ordinance for this property. The staff recommends prohibiting the following intensive commercial and industrial uses: Scrap and Salvage, Resource Extraction, Basic Industry and Vehicle Storage uses on the property, as the property is located adjacent to single family uses. In addition, the staff recommends prohibiting General Warehousing and Distribution, Equipment Sales, Equipment Repair Services and Kennels uses approximately 1.67 acres on the rear por tion of the property for a depth of 150 feet. Providing this conditional overlay will maintain a separation/transition between the industrial zoning and the single family residential development to the west. The applicant agrees with the staff’s recommendation. B-33 of 148BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. Limited Industrial Service district is intended as an area primarily for commercial services and limited manufacturing uses, generally on moderately sized sites. Conditional Overlay combining district may be applied in combination with any base district. The district is intended to provide flexible and adaptable use or site development regulations by requiring standards tailored to individual properties. 2. The proposed zoning should promote consistency and orderly planning. The proposed zoning is consistent with the LI zoning and uses surrounding this property to the north and east. The staff is recommending a conditional overlay that will restrict the more intensive industrial and commercial uses on th e site while maintaining a separation/ transition between the industrial zoning and the single family residential development to the west. 3. The proposed zoning should allow for a reasonable use of the property. LI-CO zoning will permit the applicant to develop additional uses that are consistent with the adjacent 3M office/industrial campus to the north and east on this 5+ acre undeveloped tract of land that fronts onto a major arterial roadway / highway (Research Boulevard/U.S. Highway 183 Northbound). The applicant will be required to conduct a new TIA or this property at the site plan stage when the land use intensities and the site layout will be known. EXISTING ZONING AND LAND USES: ZONING LAND USES LI-CO Site North LI East LI South ROW West GR, SF-2, SF-3 Undeveloped Area Office (3M Company Buildings) Office (3M Company Buildings) U.S. Highway 183 General Retail Sales (Cash America Pawn), Office Building, Undeveloped, Single-Family Residence NEIGHBORHOOD PLANNING AREA: N/A TIA: Deferred to the time of Site Plan WATERSHED: Walnut Creek B-34 of 148NEIGHBORHOOD ORGANIZATIONS: Angus Valley Area Neighborhood Association Austin Lost and Found Pets Bike Austin Bull Creek Foundation Friends of Angus Valley Friends of Austin Neighborhoods Homeless Neighborhood Association Long Canyon Homeowners Association Mountain Neighborhood Association Neighborhood Empowerment Foundation North Oaks Neighborhood Association Raintree Estates SELTEXAS Sierra Club, Austin Regional Group Summit Oaks Neighborhood Association TNR BCP-Travis County Natural Resources AREA CASE HISTORIES: REQUEST SF-2 to SF-3 NUMBER C14-2017-0085 (Charles Ford Rezoning: 12101 ½ Conrad Road) COMMISSION CITY COUNCIL 10/12/17: Approved the staff’s recommendation for SF-3 zoning on 1st reading (10-1, L. Pool-No); J. Flanningan-1st, D. Garza-2nd. 11/09/17: Ordinance No. 20171109- 063 for SF-3 district zoning was approved on Council Member Alter’s motion, Council Member Houston’s second on a 10-1 vote. Council Member Pool voted nay. 9/05/17: Motion to approve staff’s recommendation of SF-3 zoning made by S. Lavani-1st, B. Evans-2nd. Substitute motion to approve SF-3 zoning, with a conditional overlay to prohibit Duplex Residential use and to provide on-site parking for accessory dwelling units made by A. Denkler, B. Evans-2nd. Vote: (5-6, D. King, A. Aguirre, J. Duncan, J. Kiolbassa, B. Greenberg, Y. Flores- No). The motion failed. Returned to the original motion to approve staff’s recommendation of SF-3 zoning (4-7, D. King, A. Denkler, A. Aguirre, J. Duncan, J. Kiolbassa, B. Greenberg, Y. Flores-No). The motion failed. Case sent forward to the City Council without a recommendation. 12/18/07: Approved staff recommendation of SF-3 zoning by consent (8-0); K. Jackson-1st, J. Shieh-2nd. C14-2007-0228 11722 Bell Avenue) SF-2 to SF-3 1/17/08 : Approved SF-3 zoning by consent (7-0); all 3 readings B-35 of 148SF-2 to LO LO, GR to LO-CO LO to LI C14-00-2008 (Summit Oaks Office Park: Howlett Ct.) C14-98-0155 (Tweed Court: 12000 Block of Bell Avenue and Tweed Court) C14-89-0009 (Wilson Tract: 11805-11841 Block of North U.S. Highway 183) 3/30/00: Approved LO-CO zoning, with conditions as recommended by Planning Commission on all 3 readings (6-0) 1/14/99: Approved PC rec. of LO- CO zoning, with conditions (7-0); 1st reading 3/25/99: Approved LO-CO zoning with conditions (6-0); 2nd/3rd readings 7/27/89: Approved LI zoning, with conditions, on 1st reading 1/18/90: Approved LI-CO zoning, with conditions, on 2nd/3rd readings 2/29/00: Approved staff recommendation of LO zoning, with prohibition on Medical Office uses and a 2,000 vehicle trip per day limit (7-0) 11/10/98: Approved staff rec. of LO- CO, with conditions for no vehicular access to Bell Avenue, access to Tweed Court is permitted only if TxDoT prohibits access to U.S. 183 and a 2,000 vehicle trip per day limit (7-0) 6/27/89: Approved LI-CO zoning with conditions: 1) 40 foot height limit, 2) prohibit Scrap and Salvage Services, Convenience Storage, Automotive Rentals, Automotive Repair Services, Automotive Sales, Automotive Washing, Resource Extraction, Hotel-motel, Basic Industry and Vehicle Storage uses, 3) prohibit the following uses on the rear portion of the property for a depth of 150 feet: General Warehousing and Distribution, Equipment Sales, Equipment Repair Services and Kennels, and 4) the property is subject to TIA conditions. RELATED CASES: C14-89-0009 - Previous Rezoning Case EXISTING STREET CHARACTERISTICS: Name Existing ROW ASMP Required ROW Pavement ASMP Classification Sidewalks Bicycle Route Capital Metro (within ¼ mile) RESEARCH BLVD SVRD NB 53’ Defer to TxDOT 39’ 4 No Yes Yes B-36 of 148OTHER STAFF COMMENTS: Comprehensive Planning The subject property is 5.60 acres in size, which is located on the north side of Research Boulevard/SH 183 and is outside the boundaries of a small area plan area. The property is undeveloped and surrounded by an office park to the north; to the south is Research Boulevard/SH 183; to east is a 3M business park; and to the west is a pawn shop, single family housing and another office park. The proposed use 125,000 square feet of office space and 10,000 square feet of retail. Connectivity Public sidewalks are not located along this section of Research Boulevard, which has a metal guard rail abutting the north side. There are no bike lanes in the area. The closest public transit stop is located 0.26 miles west along Research Boulevard but navigating to that transit stop would be problematic due to the lack of public sidewalks. The mobility and connectivity options in the area are below average. Imagine Austin The subject tract falls outside the boundaries of an Activity Center and is not near an Activity Corridor. However, Research Boulevard is a heavily travelled arterial road in north Austin, which abuts SH 183, and contains a variety of office, commercial and light industrial uses. The following Imagine Austin policies are applicable to this case: • • 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 neighborhoods have different characteristics and new and infill development should be sensitive to the predominant character of these communities. Conclusion Based on the subject tract being adjacent to three other office parks, but the lack of mobility and connectivity options in the area, this proposal only partially supports the policies of the Imagine Austin Comprehensive Plan. Environmental The site is located over the Edwards Aquifer Recharge Zone. The site is in the Walnut Creek 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. B-37 of 148Under 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 Single-Family (minimum lot size 5750 sq. ft.) Other Single-Family or Duplex Multifamily Commercial 50% 55% 60% 80% with Transfers 60% 60% 70% 90% 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. 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 ls that preempt current water quality or Code requirements. Fire No comments. Parks and Recreation Site Plan There are currently no parkland requirements for uses other than residential and hotel. Given that the application is for LI, there would not be parkland dedication requirements or parkland impacts at the time of site plan or subdivision. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. The site is subject to compatibility standards. Along the northwest property line, 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 within 50 feet of the property line. B-38 of 148c. No structure in excess of three stories or 40 feet in height may be constructed within 100 feet of the property line. 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. According to ASMP, right of way requirement for Research Blvd has been deferred to TXDOT and will be reviewed at the time of site plan application. The TIA is being deferred to site plan stage when the land use intensities and the site layout will be known. Staff is requiring a master TIA for the larger site with the first site plan application. 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. 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. Current Zoning Ordinance - Ordinance No. 900118-B and Public Restrictive Covenant E. Original TIA Memorandums F. Petition Received G. Neighborhood's Postponement Request H. Correspondence Received I. Additional Related Information B-39 of 148LI SF-3 ( ( ( BU RLIN GTON CT SF-2 ( ( ( 77-098 SP85-121 R 85-039 ( ( SP-99-2220C ( 00-2008 LO-CO ( ( ( ( ( ( SP97-0219C SF-3 SF-2 85-244 MF-2-CO C14-94-0039 RIATA TRACE PKWY EXHIBIT A SP97-0219C 75-128 IP 85-244 77-098(DE) SP-99-2220C ( N O T O N G R O U N D ) SP-99-2220C 77-98 LO R E S E A R C 77-098(DE) H N B T ( T W E E D C T ( ( 77 -0 9 5 77-098(D E) S P-99-2220 C O RIA T A T R A C R A M P B E L L A V E LO-CO C A R W A S H ( D D R A R N O C ( ( SF-2 ( ( ( ( 5' B U F FE R SF-3 GR LO SF-2 L R S T K A D O N LA H HIG 78-217 SF-3 A R ABIA N TRL REST. 78-217 SF-2 T. S E R 1 1 3 5- R-8 -W 0 2 1 -1 0 8 LO RC79-44 T H C RIC M A H SF-2 RC80-15 LO GR 79-044 SF-3 RC78-229 ( 4 - P L E X ( E V L A L E B ( SF-2 PAWN SHOP C14-2017-0085 SF-2 ! SF-3 ! ! ! ! ! ! 2-19 8 C R SF-3 CS 77-67 RENTAL ! GR RZ-85-006 ! ! R E S E A R C ! ! ELECTRONICS CORP. ! LI-CO OFFICE H B L V D N B ! ! ! ! ! ! 89-009 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! SP9 7 -1 04 C OFFICE PARK 85-244 ( ( ( D N S B U T C A C ( SF-1 ( ( ( SF-1 ( ( ( ( ( B U LL R ( ( U N CIR ( ( ( SF-1 SF-2 C14-97-0036 97-0036 SP97-0166CF 85-244 LI SP97-0166CF SP97-0166CF 85-244 LO H AT W P O T C S E W OFFICE.WAREHOUSE ( ( ( ( ( ( SF-2 ( ( ( V T C S E R O ( ( AIN F R ( ( SF-2 ( ( ( ( C14-2007-0228 C14-2013-0079 SF-3 GR-MU-CO C14-2018-0079 77-48 ( S E C R ( E S T D R S T A N W ( SF-2 O O D R D ( 8 77-4 S E X LE P U D SF-3 ( LO-MU-CO C14-2007-0123 J O L L Y V I L L E R D SF-2 83-85 OFFICE 79-44 90-50 BLDG. 93-070 LI-PDA SP85-28 93-0070 78-137 LO LR-CO SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY SF-2 ( ± ( 97-0118 97-0118 79-044 SP96-0326C RR 79-44 SP9 7 -0 11 4 C GR-CO SP-95-0292C R E S E A R C H R E S E A R C H B L V D S B B L V D S V R D S B SP97-0319C SP-95-0345C UNDEV BAR R E S E A R C H B L V D S V R D N B SP-93-0327C RETIREMENT HOME LO D U V AL R D C14-89-0071 SPC-93-0327C LO-CO NORTHWEST ELEMENTARY 85-2449 C14-96-0013 96-0013 P SF-3 GR-CO UNDEV 79 -0 2 GR SP88-0283 C14-2008-0064 GO-CO ZONING ZONING CASE#: C14-2020-0146 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: 12/16/2020 B-310 of 148SF-3 J36 T C D E E W T SF-2 SF-2 D D R A R N O C SF-2 H36 LO-CO LO B E L L A V E BLV R E S D S R E S E E A V R A R C R C H D N B H BLV R R ESEA BLV DSV R D SB C H LO GR SF-3 SF-3 SF-2 CS GR LO-CO D N B R E S SF-2 E A R C H B L V D S B LO A R A BIA P A N T RL R V E I L I O S S B E SF-3 R A N R T A C O M H P LO GR H RIC T M C A H C14-2020-0146 LI-CO J35 SF-2 H35 SF-2 V T C AIN S R E R O F S E C R E S T D R SF-2 SF-2 N R T B E R S A E T O C A R R R I C A A T H M A P B R L V E D S E S A V R R C D S H B EXHIBIT B IP LI SF-1 U B U LLR N CIR R E S E A R C H R E S E A R C H B L V D B L V D N B S V R D N B D U V A L R E S E A R C H R D T R N S B A T H T A W P O T C S E W LO SF-2 RR DUVAL RD LO-CO Copyright nearmap 2015 SF-2 S T A N W R O D O D GR-MU-CO SF-3 SF-3 E V L A L E B GR-CO LO-MU-CO LI-PDA ± 1'' = 350' SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER 11705 Research Blvd C14-2020-0146 11705 Research Blvd 5.6 Acres J35 Sherri Sirwaitis ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: 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. B-311 of 148EXHIBIT C Amanda Swor direct dial: (512) 807-2904 aswor@drennergroup.com December 8, 2020 Via Electronic Delivery Ms. Rosie Truelove Housing and Planning Department City of Austin 6310 Wilhelmina Delco Dr. Austin, TX 78752 Dear Ms. Truelove: Re: 11705 Research Blvd. – Rezoning application for the 5.60-acre piece of property located at 11705 Research Blvd. in Austin, Travis County, Texas (the “Property”) As representatives of the owner of the Property, we respectfully submit the enclosed rezoning application package. The project is titled 11705 Research Blvd., consists of 5.60 acres, and is located on the east side of US 183 frontage, approximately 400 feet north of the intersection of Duval Road. The Property is currently undeveloped. The site is currently zoned LI-CO, Limited Industrial Services – Conditional Overlay. The requested rezoning is from LI-CO to LI, Limited Industrial Services zoning district to remove the existing conditional overlay on the property. This request is consistent with surrounding uses. The Property is not located within a Neighborhood Planning Area, therefore a Neighborhood Plan Amendment will not be required with this rezoning request. A Traffic Impact Analysis (“TIA”) has been waived via a TIA Determination Form from Amber Mitchell dated December 1, 2020 with the note that a TIA determination is deferred until review of a site plan application when land use and intensity will be finalized. B-312 of 148Please let me know if you or your team members require additional information or have any questions. Thank you for your time and attention to this project. Very truly yours, Amanda Swor cc: Joi Harden, Planning and Zoning Review Department (via electronic delivery) Sherri Sirwaitis, Planning and Zoning Review Department (via electronic delivery) -2- B-313 of 148EXHIBIT D B-314 of 148B-315 of 148B-316 of 148B-317 of 148B-318 of 148B-319 of 148B-320 of 148B-321 of 148B-322 of 148B-323 of 148B-324 of 148EXHIBIT E B-325 of 148B-326 of 148B-327 of 148B-328 of 148B-329 of 148EXHIBIT F B-330 of 148B-331 of 148B-332 of 148B-333 of 148B-334 of 148B-335 of 148B-336 of 148B-337 of 148Case Number: C14-2020-0146 PETITION Total Square Footage of Buffer: Percentage of Square Footage Owned by Petitioners Within Buffer: Date: 4/28/2021 541631.7163 0.47% Calculation: The total square footage is calculated by taking the sum of the area of all TCAD Parcels with valid signatures including one-half of the adjacent right-of- way that fall within 200 feet of the subject tract. Parcels that do not fall within the 200 foot buffer are not used for calculation. When a parcel intersects the edge of the buffer, only the portion of the parcel that falls within the buffer is used. The area of the buffer does not include the subject tract. TCAD ID Address Owner Signature Petition Area Precent 0164010122 11765 RESEARCH BLVD 78727 0164010115 12101 CONRAD RD 78727 0164010102 11855 RESEARCH BLVD AUSTIN 78727 0164010111 12103 CONRAD RD AUSTIN 78727 0164010112 12111 CONRAD RD 78727 0164010106 11857 RESEARCH BLVD 78727 Total 3M COMPANY 3M COMPANY EARTHTECH INTERNATIONAL LLC FORD CHARLES FAMILY TRUST OREILLY MICHAEL O & MEREDITH E PAWN TX INC no no no no yes no 302645.65 15128.44 56385.93 41952.63 2531.12 11309.47 429953.24 0.00% 0.00% 0.00% 0.00% 0.47% 0.00% 0.47% B-338 of 148D D R A R N O C B E L L A V E R E S E R E A R S E A C H R B C L V H B L D S V V D R N B D N B A R A B I A N T R L E V L A L E B R E S E A R C H B L V D S B R E S E A R C H B L V D S B ± BUFFER PROPERTY_OWNER SUBJECT_TRACT PETITION Case#: C14-2020-0146 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 " = 200 ' 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 completeness. B-339 of 148EXHIBIT G From: To: Cc: Subject: Date: Steven Schrader Sirwaitis, Sherri ; Postponement Request Zoning and Platting Commission Case C14-2020-0146 Wednesday, April 28, 2021 2:29:41 PM *** External Email - Exercise Caution *** I sent this email to Andrew Rivera because I understand that he is the liaison for the Zoning and Platting Commission. If it needs to be addressed to someone else, to properly request the postponement, please let me know. Ms. Sirwaitis, Mr. Rivera, I am requesting a 4-week postponement of the Zoning and Platting Commission hearing on Case C14-2020-0146. I represent the Summit Oaks Neighborhood Association and our organization needs more time to obtain and review information on the zoning case. Specifically, we have requested information from the Austin Transportation Department on the impact of traffic on our neighborhood that will result from eliminating the conditional overlay, which is the subject of the rezoning case. In addition, we are still attempting to locate the specific Traffic Impact Analysis document cited in the conditional overlay, which we have been told is not available from the applicant or the city. We also need time to schedule a meeting with Councilwoman Kelly and her staff to provide them information on our issues as well as time to communicate with the Zoning and Platting Commissioners. Sincerely, Steven W. Schrader President, Summit Oaks Neighborhood Association CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. B-340 of 148EXHIBIT H B-341 of 148B-342 of 148Rezoning Case Number C14-2020-0146 3M Company Summit OakS NeighbOrhOOd aSSOciatiON Tuesday May 25, 2021 B-343 of 148Rezoning Case Number C14-2020-0146 3M Company Tuesday May 25, 2021 This document is intended to present information about the Summit Oaks neighborhood and provide context for our opposition to the rezoning of the adjoining property. History of Summit Oaks Neighborhood We are a small neighborhood that is almost 60 years old and is located immediately to the north and west of the 5.6-acre 3M property (referred to here as the 3M tract). The 5.6-acre tract is undeveloped but, is part of a much larger property owned by 3M Company and now planned for redevelopment. Summit Oaks Location _________________________________________________________________________ Summit OakS NeighbOrhOOd aSSOciatiON Page 1 B-344 of 148Tuesday May 25, 2021 Rezoning Case Number C14-2020-0146 3M Company The Summit Oaks neighborhood was originally platted in 1956 prior to the realignment of U.S. 183 from Jollyville Rd to its current location. The first houses were built in our neighborhood in the early 1960s and it is actually the oldest development along the Research Blvd corridor west of Mopac. The neighborhood consists of mostly medium-sized homes built on large lots that are heavily wooded. The aerial photos of the neighborhood in 1967 and 1973 show the early history of the area. Summit Oaks Neighborhood - 1967 _________________________________________________________________________ Page 2 Summit OakS NeighbOrhOOd aSSOciatiON B-345 of 148Rezoning Case Number C14-2020-0146 3M Company Tuesday May 25, 2021 Summit Oaks Neighborhood – 1973 The neighborhood originally had access to U.S. 183 via Bell Ave. Following recommendations in the city of Austin’s 1977 “Summit Oaks Neighborhood” plan the Bell Ave access was closed and Tweed Ct was extended to intersect the _________________________________________________________________________ Summit OakS NeighbOrhOOd aSSOciatiON Page 3 B-346 of 148Rezoning Case Number C14-2020-0146 3M Company highway and provide access. Tweed Ct remains the only entrance/exit to the Summit Oaks neighborhood. Tuesday May 25, 2021 Since the neighborhood was established and the highway was realigned, we have seen the steady development of surrounding properties both before and after annexation by the city of Austin, including Texas Instruments, 3M Company, Riata Corporate Park, Riata Apartments, and the offices of the Texas Association of School Boards (TASB). We have worked closely with the developers and the city to ensure that our residential character is protected. History of Surrounding Zoning and Neighborhood Protection Restrictions on development surrounding Summit Oaks including height limitations, use restrictions, and no-disturb buffer zones have been consistently applied by the city to maintain the character of the original residential neighborhood. For example: 1. In 1976 Texas Instruments (TI) executed a restrictive covenant establishing a 100-foot building setback along the northern border of Summit Oaks. Also in 1976, the city of Austin rezoned a 50-foot wide strip of the TI property to residential zoning to establish a buffer between Summit Oaks and TI. 2. In 1977, the city of Austin rezoned two lots fronting on Research Blvd adjacent to Summit Oaks from residential to retail with the inclusion of a 25-foot residential buffer between the Summit Oaks lots and the retail zoning. The two lots were limited to a single driveway to access the highway. The lots were eventually developed with a 15-foot tall retail business (1982) and a 25-foot tall office building (1985) at 11857 and 11855 Research Blvd, respectively and are now occupied by Cash America and EarthTech International. 3. In December 1979, the city of Austin rezoned eight lots adjacent to Tweed Ct and Bell Ave from interim residential to “O” Office subject to the “U.S. 183 Study”. The “U.S. 183 Study Area Report”, prepared by the city of Austin Departments of Planning and Urban Transportation was approved by city council in June 1979. The report concluded that “Zoning … policies _________________________________________________________________________ Page 4 Summit OakS NeighbOrhOOd aSSOciatiON B-347 of 148Rezoning Case Number C14-2020-0146 3M Company Tuesday May 25, 2021 should encourage land use patterns which promote safety, convenience, and compatibility. Specifically, land uses should not contribute to traffic hazards or detract from or conflict with more restrictive adjacent uses”. In 1989, as part of rezoning, 3M Company executed a restrictive covenant on property located at 11750 Research Blvd that established “an undisturbed vegetative buffer 50 feet wide” to protect the single-family residential neighborhood to the west. The property was eventually developed in 1997 with buildings 26 feet tall. In 1996 the original 100-foot building setback and the 50-foot “no-disturb” buffer established by TI were incorporated into the development of the Riata Corporate Park. Those offices are 57 feet tall, but are effectively shielded from the Summit Oaks residences immediately to the south. In 1999, the city of Austin approved rezoning of three lots immediately south of Summit Oaks, at 11877 Research Blvd to “LO-CO” to establish restrictions on use and a height limitation of 40 feet that protect the residences on Bell Avenue and the rest of Summit Oaks Neighborhood. These lots remain undeveloped. In 1999, the city of Austin approved the partial vacation of five residential lots from the Summit Oaks Subdivision subject to Private Land Use Regulations (PLUR) as part of an agreement between Summit Oaks and the developers. The property was rezoned “LO-CO” and the PLUR established no-disturb buffer zones adjacent to the neighborhood immediately north and east of what is now the 40-foot tall office building owned by the Texas Association of School Boards (TASB) at 12007 Research Blvd. In 2012, 3M Company filed a plat for re-subdivision of the 35.2-acre portion of Lot 1 immediately east of Summit Oaks. The plat established a 50-foot residential buffer defined as a “no-disturb” zone where native trees and shrubs are preserved. The height of the existing Building 3 is 24 feet. In April 2021, the Zoning and Platting Commission approved a site plan extension for Building 1 on the remaining undeveloped lot in Riata Corporate Park on the northern border of Summit Oaks. The site plan is 4. 5. 6. 7. 8. 9. _________________________________________________________________________ Summit OakS NeighbOrhOOd aSSOciatiON Page 5 B-348 of 148Rezoning Case Number C14-2020-0146 3M Company Tuesday May 25, 2021 approved for a 40-foot tall building, also with the same 100-foot building setback and 50-foot “no-disturb” buffer zone requirements. None of the buildings adjoining Summit Oaks are more than 40 feet tall with the exception of the Riata Corporate Park buildings 2 and 3, which are shielded by a 50-foot non-disturb buffer and are set back from the property line by over 100 feet. Surrounding Properties History of Zoning for 3M Tract When the property (5.6-acre 3M tract) was annexed into the city of Austin in 1976, residential zoning of interim “AA” was applied. In 1980 the property was rezoned to “O” Office as part of rezoning of the Golden Triangle Area. Then the “O” zoning was changed to “LO” Limited Office when that category was added to designate development predominately serving neighborhood or community needs. _________________________________________________________________________ Page 6 Summit OakS NeighbOrhOOd aSSOciatiON B-349 of 148Rezoning Case Number C14-2020-0146 3M Company Tuesday May 25, 2021 In November of 1980 the city of Austin and the property owner executed a restrictive covenant to “include driveway and sign performance standards set forth in the U.S. 183 Recommendations…” The “U.S. 183 Area Study” established driveway standards addressing interval spacing and requirements for a continuous right turn lane. Although the “U.S. 183 Area Study” was primarily focused on managing traffic on the highway, land use and neighborhood protection were also important elements. In 1989 the owners of the subject tract proposed a rezoning of the property from “LO” to “LI” Limited Industrial. After some negotiations, the neighborhood and the property owner agreed to the current “LI” zoning that included restrictions in a Conditional Overlay (CO) combining district. It should be noted that the agreement with the neighborhood at that time provided the property owner significant increases in allowable impervious cover, building cover, and floor area. We continue to feel that the restrictions in the CO were an equitable arrangement for agreeing to the relaxed zoning in 1989. Building Height Restriction Restriction No. 1 in the CO set a limit on the height of buildings to 40 feet. This limit maintained the building height under the prior “LO” zoning. We consider the 40-foot height limit to be compatible and complementary in scale and appearance with the residential environment of our neighborhood. With the exception of the Riata Corporate Park office buildings immediately north of Summit Oaks, none of the development surrounding our neighborhood is over 40 feet tall. Although the Riata Corporate Park office buildings were built to a height of 60 feet, the impact on our neighborhood from the buildings is effectively minimized by a 100- foot building setback and a neighborhood buffer which is defined as a 50' (foot) wide vegetation buffer strip where native trees, shrubbery and grasses are to be preserved. Without the 40-foot height limitation or a combination of a no-disturb buffer plus a 100-foot building setback, which is equivalent to the existing Riata Corporate Park offices, the proposed _________________________________________________________________________ Summit OakS NeighbOrhOOd aSSOciatiON Page 7 B-350 of 148Rezoning Case Number C14-2020-0146 3M Company Tuesday May 25, 2021 rezoning will detract from and conflict with the livability of our neighborhood. Prohibited Uses Restrictions No. 2 and No. 3 contain a list of uses that were prohibited under previous “LO” zoning, which the prior property owner agreed to restrict. If allowed, the currently prohibited uses would impact our neighborhood with objectionable noise, odors, and trash. Lighting of such commercial development typically shines all night and would be a constant intrusion, even if it “shielded” as required by compatibility standards. Also, we believe that the development of the property for uses such as automotive sales, automotive rental, service, etc. would damage our property values. For comparison, a portion of the original Summit Oaks subdivision (now known as Raintree Estates) on the opposite side of Research Blvd was affected by the construction of a new car dealership in 1997 directly adjoining the residential lots on the east side of Bell Avenue. As a result, property values adjoining the car dealership are significantly less than comparable properties further removed from the car lot. Traffic Impacts Restriction No. 4 addresses limitations on the traffic volume from the property. In 1989 traffic congestion on Research Blvd was a serious problem. The current zoning was established just before construction began on U.S. 183 to create a freeway with adjacent service roads. Restriction No. 4 references a Traffic Impact Analysis (TIA) that established a maximum traffic volume to be allowed from the eventual development with the expectation that the highway would alleviate congestion. Unfortunately, the TIA report has gone missing and the specific limits it established are not known. _________________________________________________________________________ Page 8 Summit OakS NeighbOrhOOd aSSOciatiON B-351 of 148Tuesday May 25, 2021 Rezoning Case Number C14-2020-0146 3M Company Thirty years after the previous rezoning, we are now in a very similar situation with another highway expansion, known as the “U.S. 183 North Mobility Project” set to begin in the very near future. The requested rezoning and the highway expansion project raise issues that will directly impact our neighborhood. Traffic Volume – Northbound Service Road TxDOT reports the 2019 annual average daily traffic volume was more than 17,400 vehicles per day on the service road in front of the 3M tract. That traffic merges with more than 7,700 vehicles per day using the northbound Oak Knoll Dr exit ramp onto the service road, directly across from Tweed Ct. The average weekday traffic volume could be about 10 percent more according to the Transportation Research Board (HCM 2000). The combined weekday volume of more than 27,400 trips per day travels on the service road past Tweed Ct. and the TASB offices before reaching Riata Trace Parkway, which then contributes more traffic from large multifamily and office developments, especially during peak afternoon periods. Current (pre-pandemic) traffic often causes bumper to bumper congestion on the service road at the intersection of Tweed Ct during peak weekday afternoon periods. In the TIA Determination Worksheet, the rezoning application lists a proposed volume of over 2,500 trips per day from development of the 3M tract. However, a TIA document prepared for the eventual development of the entire 3M property indicates that there will be over 13,300 trips generated each weekday following the final phase of the entire development in 2028. Even if only 40 percent of the site traffic enters and exits from the service road, that amounts to over 5,000 additional trips, half of which will exit northbound. Including an expected increase in traffic of one percent per year, the total weekday volume will be over 32,000 vehicles per day on the service road between Tweed Ct and Riata Trace Pkwy after the final phase of the development of the entire 3M property. Additional redevelopment of Research Park in the area of Oak Knoll Dr and Research Blvd is very likely to result in even higher traffic volumes. _________________________________________________________________________ Page 9 Summit OakS NeighbOrhOOd aSSOciatiON B-352 of 148Rezoning Case Number C14-2020-0146 3M Company Tuesday May 25, 2021 Service Road Configuration Starting in front of the 3M tract, the northbound service road narrows from three lanes down to two lanes, providing a protected lane for the traffic exiting the freeway at Tweed Ct (Oak Knoll Dr Exit). The capacity of the service road is effectively less than three lanes between Tweed Ct and Riata Trace Pkwy because the right lane is occupied by vehicles turning into Summit Oaks, the TASB offices, and onto Riata Trace Pkwy which have no deceleration lane. There are also Capital Metro bus stops in front of TASB and near Riata Trace Pkwy that block the right lane on a regular schedule. There are no signals at Tweed Ct or Riata Trace Pkwy. No mitigation is currently being proposed for the service road to accommodate the increased traffic from the 3M property. The Zoning Change Review Sheet reports in the table EXISTING STREET CHARACTERISTICS that the pavement width is 39 feet. This is very misleading because the left lane ends, causing traffic to merge into the two right lanes before approaching the 3M tract. The effective pavement width is only 27 feet because essentially all the traffic on the service road merges into two lanes in front of the 3M tract. Left Lane Ends at Approach to 3M Tract on Northbound Service Road _________________________________________________________________________ Page 10 Summit OakS NeighbOrhOOd aSSOciatiON B-353 of 148Rezoning Case Number C14-2020-0146 3M Company Tuesday May 25, 2021 Furthermore, CTRMA will reduce the width of the service road lanes by several feet as part of the U.S. 183 North Mobility Project to accommodate additional main lanes in the freeway. No additional lanes are envisioned for the service road according to the conceptual layout drawings for the project. Traffic Patterns on the Service Road Vehicles exiting the main lanes of the freeway traveling north toward Oak Knoll Dr. must weave with traffic accessing the freeway entrance ramp from the service road north of Duval Rd. Future traffic from the 3M tract will cross two lanes to enter the freeway entrance ramp. Worse, many cars from Riata Trace Pkwy travel straight across all three lanes of the service road to reach the freeway entrance ramp. At the same time, many vehicles that use the Oak Knoll Dr. exit must veer across three lanes to reach the driveways of TASB and Riata Trace Pkwy. This multi-lane weaving over a relatively short distance makes for a dangerous and chaotic traffic pattern. The traffic impact analysis performed for the entire 3M property did not analyze the effects of additional traffic at the intersections of Tweed Ct or Riata Trace Pkwy. Service Road Configuration between Tweed Ct and Riata Trace Pkwy _________________________________________________________________________ Page 11 Summit OakS NeighbOrhOOd aSSOciatiON B-354 of 148Rezoning Case Number C14-2020-0146 3M Company Right Turn Onto the Service Road Tuesday May 25, 2021 Vehicles that enter the service road from Tweed Ct, TASB, and Riata Trace Pkwy must wait for a gap in the traffic traveling from the south. During average traffic conditions, a gap is usually provided by the upstream signalized intersection at Duval Rd. Future traffic from the 3M tract will fill available gaps and prevent right turns onto the service road from our neighborhood. The effect on access to the service road from Tweed Ct, TASB, and Riata Trace Pkwy should be analyzed and considered in the approval of rezoning and redevelopment of the property. The expected increase in traffic volume and the existing configuration of the street intersections, driveways, and highway ramps raise serious doubts about the safety of the northbound service road and the capacity of the roadway to handle the traffic, especially during peak afternoon hours. Summary The neighborhood believes that conditions should be applied in this rezoning case that are equivalent to other developments adjoining our neighborhood. We also believe that the commissioners would benefit from a comprehensive traffic study in their decision whether to approve the rezoning and we do not support a waiver of the TIA until the site plan stage. We request that the commissioners: 1. Deny the request to remove the height limitation of 40 feet, 2. Deny the request to remove restrictions on uses listed in the Conditional 3. Require a comprehensive Traffic Impact Analysis as part of the rezoning Overlay, and application that: a. Includes the entire 3M property, b. Analyzes all traffic impacts along northbound service road, including impacts on traffic turning onto the service road from EarthTech / Cash America, Tweed Ct, TASB, and Riata Trace Pkwy, c. Considers the additional traffic from redevelopment of 179 acres planned by the Karlin Research Park Development LLC at 12455- 12517 ½ Research Blvd (Case Number C14-2021-0112), _________________________________________________________________________ Page 12 Summit OakS NeighbOrhOOd aSSOciatiON B-355 of 148Rezoning Case Number C14-2020-0146 3M Company Tuesday May 25, 2021 d. Analyzes the traffic impacts at the Oak Knoll Dr – U.S. 183 intersection, e. Evaluates mitigation options including; i. Deceleration lanes including a waiver of City of Austin restrictions on construction in a critical water quality zone, ii. Safety measures such as flashing warning signals and reduced speed limits on the northbound service road between Duval Rd and Oak Knoll Dr, iii. Acquisition of access easement or right-of-way between 3M property and Riata Trace Pkwy, through Riata Corporate Park, and iv. Reduced density of development. We recognize the need for more office space in northwest Austin and we consider office development to be the preferred use of the properties adjacent to our neighborhood. However, we expect there to be a balance between the existing residential areas and commercial development that recognizes and maintains the value of adjacent housing, particularly since the neighborhood was present before any of the other development. Over the years, developers and the city staff have been respectful of the need to preserve the residential character of our neighborhood. Our hope is to continue that trend with the eventual development of the 3M property. _________________________________________________________________________ Page 13 Summit OakS NeighbOrhOOd aSSOciatiON B-356 of 148B-357 of 148B-358 of 148B-359 of 148B-360 of 148B-361 of 148B-362 of 148EXHIBIT I B-363 of 148B-364 of 148B-365 of 148B-366 of 148B-367 of 148B-368 of 148B-369 of 148B-370 of 148B-371 of 148B-372 of 148B-373 of 148B-374 of 148B-375 of 148B-376 of 148B-377 of 148B-378 of 148B-379 of 148B-380 of 148B-381 of 148B-382 of 148B-383 of 148B-384 of 148B-385 of 148B-386 of 148B-387 of 148B-388 of 148B-389 of 148B-390 of 148B-391 of 148B-392 of 148B-393 of 148B-394 of 148B-395 of 148B-396 of 148B-397 of 148B-398 of 148B-399 of 148B-3100 of 148B-3101 of 148B-3102 of 148B-3103 of 148B-3104 of 148B-3105 of 148B-3106 of 148B-3107 of 148B-3108 of 148B-3109 of 148B-3110 of 148B-3111 of 148B-3112 of 148B-3113 of 148B-3114 of 148B-3115 of 148B-3116 of 148B-3117 of 148B-3118 of 148B-3119 of 148B-3120 of 148B-3121 of 148B-3122 of 148B-3123 of 148B-3124 of 148B-3125 of 148B-3126 of 148B-3127 of 148B-3128 of 148B-3129 of 148B-3130 of 148B-3131 of 148B-3132 of 148B-3133 of 148B-3134 of 148B-3135 of 148B-3136 of 148B-3137 of 148B-3138 of 148B-3139 of 148B-3140 of 148B-3141 of 148B-3142 of 148B-3143 of 148B-3144 of 148B-3145 of 148B-3146 of 148B-3147 of 148B-3148 of 148