B-03 (C14-2021-0095 - Westgate -Davis CS-1; District 5).pdf — original pdf

Backup

ZONING CHANGE REVIEW SHEET DISTRICT: 5 (Rodney Bennett) TO: CS-1 AGENT: Bennett Consulting CASE: C14-2021-0095 – Westgate Davis / CS-1 ZONING FROM: LR-CO ADDRESS: 8801 West Gate Boulevard; 3008 Davis Lane SITE AREA: 0.046 acres (2,003 square feet) APPLICANT: Westgate / Davis Inc. (Sufian Emmar) CASE MANAGER: Wendy Rhoades (512-974-7719, wendy.rhoades@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant commercial – liquor sales (CS-1) district zoning. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: July 20, 2021: CITY COUNCIL ACTION: August 26, 2021: ORDINANCE NUMBER: ISSUES: None at this time. CASE MANAGER COMMENTS: The subject rezoning area is a 2,003 square foot unoccupied lease space in a larger commercial building under construction and zoned neighborhood commercial – conditional overlay (LR-CO) by a 1998 case. The commercial development situated at the northeast corner of West Gate Boulevard and Davis Lane has driveways to both streets, and contains recently opened food sales and service station uses. There is a gas pipeline easement and apartments under construction to the north (P; MF-2-CO), single family residences to the east (SF-2), detached condominiums and Cowan Elementary School across Davis Lane to the south (SF-6-CO; RR), and undeveloped land across West Gate Boulevard to the west (LR- CO). Please refer to Exhibits A (Zoning Map) and A-1 (Aerial View). The Applicant proposes commercial – liquor sales (CS-1) district zoning in order to occupy the lease space with a liquor store use. 1 of 13B-3C14-2021-0095 Page 2 As information, AISD’s Cowan Elementary School is approximately 370 feet to the south, as measured from the southwest property corner at the West Gate / Davis intersection to the northwest corner of Kentish Drive which is part of the school property. City Code and the Texas Alcoholic Beverage Code prohibit liquor sales use within 300 feet of a church, public school, public hospital, day care or child care facility, and the proposed rezoning area meets this requirement. BASIS FOR RECOMMENDATION 1. The proposed zoning should be consistent with the purpose statement of the district sought. The proposed zoning should allow for a reasonable use of the property. The commercial – liquor sales (CS-1) zoning district is intended for commercial and industrial activities of a service nature which typically have operating characteristics or traffic service requirements generally incompatible with residential environments, and specifically includes liquor sales as a permitted use. 2. Staff recommends the Applicant’s request based on the property’s access to two minor arterial roadways, and the required separation distance to the civic use is met as established by City and State codes. EXISTING ZONING AND LAND USES: Site ZONING LR-CO North LR-CO; P; MF-2- CO LAND USES Unoccupied lease space in a commercial building (under construction) Undeveloped; Water quality / detention pond; Pipeline easement; Apartments (recently constructed) East South LR-CO; SF-6-CO Accessory parking lot (under construction); Parker Ranch condominium community Undeveloped; Single family residences in the Cherry Creek Section 9-F subdivision Food sales; Service station; Undeveloped (across West Gate Boulevard) LR-CO; SF-2 LR-CO West TIA: Is not required AREA STUDY: Not Applicable WATERSHED: South Boggy Creek – Suburban CAPITOL VIEW CORRIDOR: No SCHOOLS: Cowan Elementary School Covington Middle School Bowie High School HILL COUNTRY ROADWAY: No 2 of 13B-3C14-2021-0095 Page 3 511 – Austin Neighborhoods Council NEIGHBORHOOD ORGANIZATIONS: 12 – Brodie Lane Homeowners Association 627 – Onion Creek Homeowners Association 742 – Austin Independent School District 1228 – Sierra Club, Austin Regional Group 1363 – SEL Texas 1429 – Go!Austin/Vamos!Austin (GAVA)-78745 1530 – Friends of Austin Neighborhoods 1531 – South Austin Neighborhood Alliance 1550 – Homeless Neighborhood Association 1596 – TNR BCP – Travis County Natural Resources 1616 – Neighborhood Empowerment Foundation 1617 – Brodie Heights Condominium Community 1774 – Austin Lost and Found Pets AREA CASE HISTORIES: 1343 – Oak Hill Trails Association 1424 – Preservation Austin 1559 – Palomino Park HOA NUMBER C14-2014-0190 – Songhai at West Gate – 8700 West Gate Blvd REQUEST MF-2-CO to MF- 4-CO RR to SF-6 C14-2013-0023 – 6.11 acre tract - Westgate & Davis Lane – 2901 Davis Ln CITY COUNCIL Apvd MF-4-CO as ZAP rec (2-12-2015). Apvd SF-6-CO as ZAP rec., w/add’l CO requiring public pedestrian access to Kentish Dr (10-03-2013). C14-07-0014 – Cameron Condo – 2903 Cameron Loop RR to SF-6 Apvd SF-6-CO w/RC as Commission rec (6-21-2007). COMMISSION To Grant MF-4-CO w/CO for a 25’ front yard setback, 50% building cover and 46’ in height. To Grant SF-6-CO w/CO for 2,000 trips per day, prohibit vehicular access to Kentish Dr and Westgate Blvd and require pedestrian access to Kentish Dr To Grant SF-6-CO w/CO limited to 85 units and vehicular access to Cameron Loop limited to emergency use only; RC for conds. of the Neighborhood Traffic Analysis To Grant GR-CO for 8.04 acres and SF-2 for the remainder; RC for the Traffic Impact Analysis C14-03-0157 – Harris Ranch – SE corner of Davis and Brodie Lanes DR; RR to GR; MF-2; SF-6, as amended Apvd GR-CO w/CO prohibiting auto-related uses, guidance services, pawn shop services and drive-in services (Tract 1); SF-6-CO w/CO limiting 3 of 13B-3C14-2021-0095 Page 4 the number of units to 350 (Tract 2); RC for the TIA (09-30-2004). RELATED CASES: The property was zoned LR-CO on July 9, 1998 as part of the rezonings for Southland Oaks Municipal Utility District No. 1 (Cherry Creek 9) that was bounded by Cameron Loop on the west and north, one lot west of Leo Street on the east, and Davis Lane on the south (C14-97- 0155). The subject property was identified as Tract 9 and the Conditional Overlay states that “No site plan for development of Tracts 5, 6, 7 and 9…may be approved or released, and no building permit for construction of a building on these tracts may be issued before the construction of Westgate Boulevard is completed from Cameron Loop to Davis Lane.” The construction of Westgate Boulevard was a bonded project and completed by the City of Austin circa 2011. The rezoning area is a portion of Lot 18, Cherry Creek Section 9-D1 subdivision, recorded in September 1985 (C8S-85-042). Please refer to Exhibit B. An administrative site plan for a one-story, 9,625 square foot commercial building for retail, restaurant and office uses was approved and released on January 31, 2018 (SP-2017-0227C – Westgate Retail Building). Please refer to Exhibit C. EXISTING STREET CHARACTERISTICS: Name Sidewalks Bicycle Pavement ASMP Classification Route Existing ROW ASMP Required ROW Yes Yes Yes 88 feet 60 feet 50 feet 73 feet 92 feet 104 feet Bike Lane Bike Lane 3 (Minor arterial) 3 (Minor arterial) Davis Lane West Gate Boulevard OTHER STAFF COMMENTS: Comprehensive Planning This rezoning case is located on the northeast corner of West Gate Boulevard and Davis Lane, on a property that contains a gas station and a convenience store. The property is not located within a small planning area or along or near an Activity Center or Corridor. However, West Gate Boulevard is an arterial in this area of Austin. Surrounding land uses include undeveloped land and single-family housing to the north; to the south is a townhouse development; to the east is undeveloped land and a single-family subdivision, and Capital Metro (within ¼ mile) Yes 4 of 13B-3C14-2021-0095 Page 5 to the west is undeveloped land and a single-family subdivision. The proposal is to allow for liquor sales under CS-1 zoning. Both Davis Lane and West Gate Boulevard have public sidewalks and unprotected bike lanes located along this portion of these two roads. A public transit stop is located directly across the street. The mobility options in the area are good, while connectivity options are fair. Connectivity Imagine Austin The Imagine Austin Comprehensive Plan (IACP) does not designate this area as being along or near an Activity Center or Activity Corridor. 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 P5. Create healthy and family-friendly communities through development that includes a mix of land uses and housing types and affords realistic opportunities for transit, bicycle, and pedestrian travel and provides both community gathering spaces, parks and safe outdoor play areas for children. Based on the property being located at the intersection of two arterial roadways, which supports commercial development, the existing commercial uses, and the Imagine Austin policies above that encourage commercial development where there are mobility and connectivity options, the proposed rezoning and use supports the policies of the Imagine Austin Comprehensive Plan. 5 of 13B-3C14-2021-0095 Page 6 6 of 13B-3C14-2021-0095 Page 7 Drainage The developer is required to submit a pre- and post-development drainage analysis at the subdivision and site plan stage of the development process. The City’s Land Development Code and Drainage Criteria Manual require that the Applicant demonstrate through engineering analysis that the proposed development will have no identifiable adverse impact on surrounding properties. There is a regional water quality / detention facility that will serve this site, therefore onsite drainage facilities will not be provided. Environmental The site is not located over the Edwards Aquifer Recharge Zone. The site is in the South Boggy 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. Under current watershed regulations, development or redevelopment on this site will be subject to the following impervious cover limits: Development Classification % of Gross Site Area % of Gross Site Area 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 no floodplain within or adjacent to the project location. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. Under current watershed regulations, development or redevelopment requires water quality control with increased capture volume and control of the 2-year storm on site. Impervious Cover Within the South Boggy Creek watershed, the maximum impervious cover allowed by the CS-1 zoning district is 80% (90% with transfers), which is based on the more restrictive watershed regulations. The amount of impervious cover shown on the approved site plan is 45.92 percent. 7 of 13B-3 C14-2021-0095 Page 8 PARD – Planning & Design Review There are currently no parkland requirements for uses other than residential and hotel. Given that the application is for CS-1, liquor sales, there would not be parkland dedication requirements or parkland impacts at the time of site plan or subdivision. Site Plan Site plans will be required for any new development other than single-family or duplex residential. Any development which occurs in an SF-6 or less restrictive zoning district which is located 540-feet or less from property in an SF-5 or more restrictive zoning district will be subject to compatibility development regulations. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Please be aware that State Law governs the location of the sale of alcohol; it may not be sold within 300 feet of a church, public or private school or public hospital. Please refer to Subchapter C: Local Regulation of Alcoholic Beverages. FYI – This site is located in a Hazardous Pipeline Overlay. Transportation The Austin Strategic Mobility Plan (ASMP) adopted April 11, 2019, calls for 92 feet of right-of-way for Davis Lane and 104 feet of right-of-way for West Gate Boulevard. It is recommended that 46 feet of right-of-way from the existing centerline should be dedicated for Davis Lane and 52 feet of right-of-way from the existing centerline should be dedicated for West Gate Boulevard according to the Transportation Plan at the time of re-subdivision and/or site plan application, whichever comes first. Assessment of required transportation mitigation, including the potential dedication of right- of-way and easements and participation in roadway and other multi-modal improvements, will occur at the time of site plan application. A traffic impact analysis shall be required at the time of site plan if trigger per LDC 25-6-113. Water / Wastewater 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. 8 of 13B-3C14-2021-0095 Page 9 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 A-1: Aerial Map B: Recorded Plat C: Approved Site Plan 9 of 13B-3C14-00-2251 SF-6-CO C14-2018-0122 ( SF-3 ( ( RR ( ( 97-0155 ( ( ( ( ( ( ( ( ( ( ( ( ( ( C R E T Y S C V B E N T O ( ( N S T ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( SF-2 ( ( 97-0155 ( SF-1 ( ( ( ( P E P P E R G R A S S C V ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( 97-0155 ( ( ( ( ( ( ( O P ( ( C A M E R O N L O ( ( 97-0155 ( ( ( ( ( ( ( ( ( BIS B E E C T ( ( ( 97-0155 ( ( ( ( ( ( SF-2 SF-6-CO C14-05-0151 97-0155 P ( ( PIN E Y C R E E ( ( ( ( ( ( 97-0155 ( ( K B N D ( ( 97-0155 ( ( ( ( ( ( ( ( ( ( ( ( ( D A N D ELIO N T R L ( ( ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( 97-0155 ( ( ( ( ( ( ( 97-0155 ( ( ( 97-0155 97-0155 97-0155 D AVIS L N 97-0155 LR-CO P MF-4-CO C14-2014-0190 UNDEV CONDOMINIUMS SP-05-1340C SF-6-CO C14-03-0157 ( ( ( ( ( ( ( ( ( ( ( ( SF-3 ( G ETTYSBU R G D R ( ( ( ( ( ( ( AV O C E ( T D R ( ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( SF-3 MOBILE\HOM E\PARK = = = R A E C L P P A = = V RIE C = 97-0155 = = 97-0155 = = = 97-0155 SF-3 = = C14-97-0155 = P D W R VIE G N O L ( ( SF-4A ( 83-293 ( SF-3 LR 83-080C DETENTION\POND ( ( ( ( ( ( ( ( ( V C K R A M S B I 97-0155 ( ( 83-293 ( SF-4A ( ( ( SF-4A SF-3 RR 99-0033 C14-99-0033 99-0033 NIC OLA TRL UNDEV SF-6-CO S E A JA Y D R C A M E R O N L O O P UNDEV ( RR ( ( ( ( C14-2019-0017 MH D N PIO B O C A ( SF-2 97-0155 MF-2-CO 07-0014 ( P O P S W AY SF-6-CO C14-07-0014 L R K T C A B S AIL R 97-0155 ( ( ( ( SF-2 ( ( ( ( ( ( ( ( SF-2 97-0155 ( ( ( T C R E P P I L C ( ( ( ( G E T T Y S B U R G D R ( ( ( ( ( G UID SF-2 E P O S ( ( T T R L ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( ( 97-0155 ( ( ( ( ( ( G E E S T ( ( ( ( ( ( N Y L B B O B ( ( ( ( ( ( ( ( ( ( SF-2 ( ( C H E N E Y C V ( ( SF-2 ( ( ( ( ( ( ( ( ( S S A R P E G BIN E U H ( ( ( SF-2 ( ( ( 97-0155 ( ( 97-0155 ( ( ( ( ( 8 3 - 2 7 2 ( ( ( ( ( V H C TIS N E K ( ( ( ( ( ( ( ( E L R U C ( ( ( ( ( ( ( R W D ( ( ( SF-3 ( ( ( ( C U R LE ( W C V ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( V TAIL C G A W ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( R H D S R A M ( ( ( R TAIL D G A W ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( ( ( ( ( Exhibit A ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( SF-1 C14-97-0066 SF-1 ( ( SF-1 ( 97-0155 P ( ( ( ( ( ( ( D N B E K E Z SERVICE STATION LR-CO ! 97-0155 ! ! ! H CIR C N A R R E K R A P SF-6-CO C14-2013-0023 C14-2013-0023 KE N TIS H D R ELEMENTARY\SCHOOL RR ( ( V T C N O M K E E R C ( ( ( ( ( ( RESERVOIR ( ( ( SF-3 ( R T D S E R C WIL ( ( ( ( SF-2 ( ( ( ( ( ( ( P E C T O ( R A L D R ( SF-3 ( ( ( ( ( ( SF-2 ( ( ( ZONING ZONING CASE#: C14-2021-0095 RR ( ( ( ( SF-2 ( ( ( ( R SF-2 W D O D A E M K LIN SF-2 D V L E B T A T G S E W ( ( ( ( ( ( ( SF-4A-CO ( ( C O H O B A D R ( ( SF-4A-CO ( ( ( SF-4A-CO ( ( SF-2-CO ( SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ± 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: 5/17/2021 10 of 13B-33 P LR-CO 1 W EST G ATE BLV D E16 P 19 18A LR-CO C14-2021-0095 E15 18B 8 9 10 11 SF-2 12 13 14 H CIR C N A R R E K R A P SF-6-CO D A VIS L N D N B E K E Z Copyright nearmap 2015 ± 1'' = 75' SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER Westgate / Davis CS-1 Exhibit A -1 ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2021-0095 3008 Davis Lane (8801 Westgate Blvd.) .046 Acres E15 Wendy Rhoades 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. 11 of 13B-312 of 13B-313 of 13B-3