B-07 (C14-2021-0108 - 8721 South 1st Street; District 2).pdf — original pdf

Backup

ZONING CHANGE REVIEW SHEET CASE: C14-2021-0108 – 8721 South 1st Street ZONING FROM: IP-CO ADDRESS: 8721 South 1st Street DISTRICT: 2 TO: CS SITE AREA: 0.81 acres (35,283 square feet) PROPERTY OWNER: BRW Holdings, LLC (Robin and Barry Wurzel) AGENT: Jackson Walker L.L.P. (Katherine Loayza) CASE MANAGER: Wendy Rhoades (512-974-7719, wendy.rhoades@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant general commercial services – conditional overlay (CS-CO) combining district zoning. The Conditional Overlay prohibits automotive sales, automotive rentals, automotive repair services, and service station. For a summary of the basis of Staff’s recommendation, please see page 2. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: September 7, 2021: CITY COUNCIL ACTION: October 14, 2021: ORDINANCE NUMBER: ISSUES: The Applicant is in agreement with the Staff recommendation. CASE MANAGER COMMENTS: The subject rezoning area is an undeveloped portion of a lot that is zoned industrial park – conditional overlay (IP-CO) zoning by way of a 2012 case (C14-2012-0090 – Freedom Park). The remainder of the lot contains a pet services use which has direct frontage on South 1st Street (LR-CO) and construction sales and services, and limited warehousing and distribution uses oriented towards Ralph Ablanedo Drive (IP-CO). Vehicular access would be taken to South 1st Street. The existing Conditional Overlay covers the following items: 1) limits the number of vehicle trips to no more than 2,000 per day, 2) limits height to 40 feet, 3) limits impervious cover to 70 percent, and 4) prohibits automotive sales, automotive rentals, automotive repair services, and service station uses. Please refer to Exhibits A (Zoning Map) and A-1 (Aerial Exhibit). 1 of 12B-7C14-2021-0108 Page 2 There is a church to the north (IP-CO), the aforementioned construction sales and services and limited warehousing and distribution uses to the east and south, and an administrative / business office, personal services, and pet services uses (the latter use is under common ownership) to the east which front on South 1st Street (LR-CO). The Applicant has requested general commercial services (CS) district zoning in order to allow for the pet services and kennels uses (not permitted in the IP district), in addition to the existing construction sales and services and limited warehousing and distribution uses adjacent to the east and south of the rezoning area. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The proposed general commercial services (CS) district zoning is intended for commercial or industrial uses that typically have operating characteristics or traffic service requirements generally incompatible with residential environments. The Conditional Overlay (CO) 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. Zoning changes should promote compatibility with adjacent and nearby uses. The Staff recommends the Applicant’s request for CS zoning based on its access to an arterial roadway and compatibility with adjacent commercial zoned and used properties along this segment of South 1st Street. The Conditional Overlay continues to prohibit automotive repair services, automotive sales, automotive washing, and service station on the property. EXISTING ZONING AND LAND USES: Site North IP-CO IP-CO; DR ZONING South IP-CO; LI-CO East IP-CO; LO-CO West LR-CO; MF-2-CO LAND USES Undeveloped Church; Commercial buildings (vacant, formerly plumbing supplier) Construction sales and services; Limited warehousing and distribution Construction sales and services; Adult learning facility Insurance office; Hair salon; Pet services; Apartments NEIGHBORHOOD PLANNING AREA: Not Applicable TIA: Is not required 2 of 12B-7C14-2021-0108 Page 3 SCENIC ROADWAY: No Bedichek Middle School Crockett High School 627 – Onion Creek Homeowners Association 1228 – Sierra Club, Austin Regional Group 1424 – Preservation Austin WATERSHED: South Boggy Creek – Suburban CAPITOL VIEW CORRIDOR: No SCHOOLS: Williams Elementary School NEIGHBORHOOD ORGANIZATIONS: 511 – Austin Neighborhoods Council 742 – Austin Independent School District 1363 – SEL Texas 1494 – South Boggy Creek Neighborhood Association 1530 – Friends of Austin Neighborhoods 1531 – South Austin Neighborhood Alliance (SANA) 1550 – Homeless Neighborhood Association 1616 – Neighborhood Empowerment Foundation AREA CASE HISTORIES: NUMBER C14-2020-0151 – 8401-8407 South 1st Street REQUEST DR; SF-2; SF-6- CO; LR-MU-CO to MF-4 1774 – Austin Lost and Found Pets CITY COUNCIL Scheduled for 9-30- 2021. COMMISSION To Grant MF-4-CO w/CO for max 50’ building height and 4 stories; max 290 units; minimum 45’ dwelling unit setback along the north and east property lines adjacent to SF-2 zoning; 6’ high solid fence along the north and east property lines; and 8’ wide vegetative buffer along the north and east property lines; and 6) limit access to Orr Dr to bicycle, pedestrian, and emergency ingress and egress To Grant, as requested Apvd (3-4-2021). CS-CO; GR- MU-CO to GR- MU C14-2020-0139 – Cullen and Ralph Ablanedo – 8811 Cullen Ln and 203 Ralph Ablanedo Dr C14-2007-0199 – SF-6; LR-CO; To Grant MF-2-CO Apvd MF-2-CO as 3 of 12B-7C14-2021-0108 Page 4 8700 Block of South 1st St GR-CO to MF-2 w/CO for 2,000 trips Commission recommended (1-10-2008). C14-02-0178 – Thomas Davern – 608 Ralph Ablanedo Dr C14-98-0147 – Carter Zoning Case – 8609-8721 South 1st St DR to LO DR to LR for Tract 1 and IP for Tract 2 Apvd LO-CO as Commission recommended (2-13-2003). Apvd LR-CO (Tr. 1), IP-CO (Tr. 2) as Commission recommended (5-13-1999). per day; 25’ vegetative buffer along the north & west property lines; single story structure not exceeding 20-feet in height; minimum of 75-feet setback from property line; minimum of 6-foot fence along the north & west property lines To Grant LO-CO with CO for 2,000 trips To Grant LR-CO (Tr. 1) and IP-CO (Tr. 2) with CO limiting height to 40 ft., impervious cover to 70%, 2,000 trips, neighborhood commercial signs (25- 10 of LDC), prohibit service station on Tr. 1, and auto rentals, repair & sales, adult-oriented uses, indoor/outdoor sports & recreation, service station, research services To Grant IP-CO with CO limiting impervious cover to 70%, height to 40 ft., prohibit auto sales, prohibit access to Swanson Ln., 2,000 trips; Restrictive Covenant limiting hours of operation from 7 a.m. to 9 p.m. DR to IP C14-96-0005 – Orton Zoning Change – 8601 South 1st St Apvd IP-CO with RC as rec. by PC (6-6-1996). 4 of 12B-7C14-2021-0108 Page 5 Capital Metro (within ¼ mile) Yes RELATED CASES: The property was annexed into the City limits in November 1984. The rezoning area is a portion of Lot A-1, Block “A”, Kay Christian Carter Subdivision, recorded in July 1999 (C8-98-0189.0A). The property was rezoned from DR, development reserve to IP-CO on October 18, 2012. The rezoning area is included in an administrative site plan for the expansion of the Applicant’s construction sales and services and limited warehousing and distribution business approved on (SP-2018-0591C – Freedom Park II). EXISTING STREET CHARACTERISTICS: Name Existing Pavement ASMP Sidewalks Bicycle ROW Classification Route ASMP Required ROW No Yes 73 feet 80 feet 42 feet Level 3 (Arterial) South 1st Street OTHER STAFF COMMENTS: Comprehensive Planning The rezoning area is 0.81 acres in size, undeveloped and located on the east side of South 1st Street. It is part of a lot that contains a pet services use that takes access to South 1st Street, and a warehouse building and construction sales and services uses that takes access to Ralph Ablanedo Drive. The property is not located within a small area planning area but is situated along the South 1st Street Activity Corridor and is a quarter mile from Southpark Meadows Town Center. Surrounding land uses include a church and vacant commercial buildings to the north; to the south are light industrial buildings and an auto repair shop; to the east is undeveloped land; and to the west is an insurance office, hair salon, a doggie day care center, and an apartment complex. The proposal is to obtain a commercial zoning designation for a pet services business / kennel. Connectivity There are two public transit stops located approximately 500 feet from the subject property. A public sidewalk is located on the west side of the South 1st Street and partially along the east side. There are no bike lanes located along this portion of South 1st Street. Mobility and connectivity options are fair in the area, especially in terms of a lack of nearby civic uses, an incomplete public sidewalks system and no bike lanes. 5 of 12B-7C14-2021-0108 Page 6 Imagine Austin The property is located along an Activity Corridor and near a Town Center, both which support a variety of commercial uses. Activity Corridors are the connections that link activity centers and other key destinations to one another and allow people to travel throughout the city and region by bicycle, transit, or automobile. The following Imagine Austin policy is applicable to this case: • LUT P3 Promote development in compact centers, communities or along corridors that are connected by roads and transit, are designed to encourage walking and bicycling, and reduce healthcare, housing and transportation costs. • 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. • HN P10. Create complete neighborhoods across Austin that have a mix of housing types and land uses, affordable housing and transportation options, and access to schools, retail, employment, community services, and parks and recreation options. Based on the adjoining commercial and residential uses but only fair mobility and connectivity options in the area (an incomplete public sidewalk system, no bike lanes and no nearby civic uses) this proposal partially supports the policies of the Imagine Austin Comprehensive Plan. 6 of 12B-7C14-2021-0108 Page 7 7 of 12B-7C14-2021-0108 Page 8 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. 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. 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. Impervious Cover Within the suburban portion of the Slaughter Creek watershed, the maximum impervious cover allowed by the CS 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 that includes the rezoning area is 47.3 percent. 8 of 12B-7C14-2021-0108 Page 9 PARD – Planning & Design Review There are currently no parkland requirements for uses other than residential and hotel. Given that the application is for CS zoning for pet/office/commercial services, there would not be parkland dedication requirements or parkland impacts at the time of site plan or subdivision. Site Plan and Compatibility Standards Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when a site plan is submitted. Transportation The Austin Strategic Mobility Plan (ASMP) adopted April 11, 2019, calls for 80 feet of right-of-way for South 1st Street. Dedication may be required with the next subdivision or consolidated site plan application [LDC 25-6-51 and 25-6-55]. 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/subdivision application. A traffic impact analysis shall be required at the time of site plan if triggered per LDC 25-6-113. Austin 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 AND CORRESPONDENCE TO FOLLOW: A: Zoning Map A-1: Aerial Map Applicant’s Summary Letter 9 of 12B-7( DULWICH ST ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( S W WALE AY ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( R D Y E N K C O C ( ( SF-2 ( ( ( ( ( ( CROYDON LOOP ( ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( R D O H O S ( ( ( ( ( ( ( ( ( GREAT BRITAIN BLVD ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( HYDE PARK CT ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( CORNWALL DR ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( SF-2 ( ( ( HYDE PARK PL ( ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( R D N O T G N I D D U R ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( D Y R E N M O R ( ( ( ( ( ( ( ( ( ( ( ( ( ( CHURCH SF-2 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ! ! ! ! ( C14-2016-0064 GO-MU ! ! ! ! ( ! ! ! ( ( ! ! ! ! LR-MU-CO ( ( ( ( SF-2 ( ( ( SF-2 ( ( ( ( ( ( ( ( N C I R R O ( A L C ( ( ( ( ! ! ( ( B E A V E R B ( ( ( R O O ( ( K L N ( ( ( ( SF-2 MAIRO ST ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( BELCLAIRE LN ! ! ( ! ( R O ! R R D ( ! ( SF-2 83-262 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( C14-2012-0060 SF-6-CO ( SF-2 ( ( ( ( ( ! ! ! ! ! ! ( ( ( ( ( ( ( BALDRIDGE DR ( ( ( SF-2 ( ( ( ( ( ! ! ! ! ! ! ! ! ! ! ! FIREWOOD SALES SF-2 ! ! ! ! ( ( SF-2 ( ( T T S S S 1 FLAG SALES ! ! ! ! ! ! ! ! PLUMBING SUPPLY CO. DR MASONRY &\SUPPLY CO ( SP97-0228C CHURCH C14-96-0005 IP-CO 96-0005 95-0011 SPC 95-0387C SPC-99-0214C P DR ( GR SF-1 94-99 SF-2 V E D N U OFFICE/WHSE. PARK LI-CO 90-0072 SIGN\CO. LI 99-0135 W/LO SP-02-0454C ( 85-125 OFF.\WHSE. SP-2007-0215C SP-03-0185C AUTO\WASHING GR-CO PHARMACY SP-06-0212C SP-98-0453C MINTURN LN ( ( ( ( ( = = ( = = = SIMONETTI DR = = = = = = SF-3 = = = = = YARSA BLVD = = = SF-3 = ( ( ( ( ( ( = = SF-3 = = = = = = = = UNDEV DR 2007-0199 UNDEV MF-2-CO C14-2007-0199 C14-03-0147(RCT) C14-03-0147 03-0147 99-2127 SP-98-0122C ! ! ! ! ! ! ! ! SP-01-0454C ! ! ! ! ! ! BEAUTY\SALON ! ( LR-CO 98-0147 C14-98-0147 ! ! ( 98-0147 COSTRUCTION SALES & SERVICES C14-2012-0090 CHURCH LO-CO C14-02-0178 SP-05-0016C ( ( ( ( ( SF-2 N L N O S N A W S ( ( ( ( SF-2 ( ( WHSE STORAGE ( ( DR ( ( POLICE\SUBSTATION FIRE\STATION JO INT DRI VE WAY RALPH ABLANEDO DR ( ( ( ( ( ( ( ( SF-4A-CO ( ( ( ( ( ( ( SF-4A-CO ( ( ( ( ( ( ( ( ( ( ( SF-4A-CO ( ( ( ( SH EP ST ( ( ( ( ( ( ( ( 94-46 ( ( SF-4A-CO ( ( ( ( ( ( F R A N C I A T R L ( ( ( SF-4A-CO ( ( ( ( ( SF-4A-CO ( ( ( ( T A L I N E C I R 01-0014 MF-2-CO C14-01-0014 SP-05-0683C.SH SF-4A-CO ( ( ( ( SF-4A-CO ( ( ( ( APARTMENTS\(UNDER CONSTRUCTION) I-SF-4A I-SF-4A ( ( ( ( S W A N S O ( ( I-SF-4A ( N C V ( ( ( ( ( ( ( ( ( ( ( ( ( S H A N ( I-SF-4A ( ( T S T ( ( ( ( ( ( I-SF-4A ( ( ( ( ( ( ( ( ( ( ( T S A N N A ( ( ( ( ( N ATA L I S T SF-4A-CO SF-4A-CO ( SF-4A-CO ( ( ( ( ( I-SF-4A ( ( ( ( ( ( VIG E I-RR N CIR I-SF-4A SERVICE W S STATION GR-CO 89-016 L A U G H T E R L N C14-05-0171 ZONING Exhibit A - 1 ZONING CASE#: C14-2021-0108 97-0027 CS-CO C14-97-0027 AUTO SALES SP97-0043C GR-CO SP95-0493C SERVICE STATIONS SP-05-1745C REST. SP-05-1276C SP-02-0228C REST GR-CO RETAIL CS-1-CO C14-2011-0042 CS-CO C14-2012-0001 SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY C14-2018-0130 C14-2011-0071 GR-MU-V ( 2011-0071 C14-2011-0081 MF-3-CO 2011-0081 ± 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: 6/30/2021 10 of 12B-727 28 18 17 33 32 9 45 10 44 7 6 8 9 1C 2 SF-2 SF-6-CO 1A 29 SF-2 30 31 CORNWALL DR 20 19 18 17 30 SF-2 31 32 16 15 33 34 35 HYDE PARK PL 9 8 7 6 5 SF-2 10 11 12 SF-2 13 14 41 40 39 11 12 13 38 37 14 36 43 42 D Y R E N M O R 15 16 17 3 4 2 1 IP-CO B-1 C14-2021-0108 LR-CO 1 F14 MF-2-CO T T S S S 1 2 1 LI-CO DR B LO-CO LI W/LO GR-CO 1A 1B RALPH ABLANEDO DR MF-2-CO 1 CS-CO 3 2 GR-CO ± 1'' = 200' 8721 S. 1st Street Exhibit A SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2021-0108 8721 South 1st Street 0.81 Acres F14 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. DR A 1 2 13 4 SF-2 3 10 11 12 N L N O S N A W S SF-2 SF-4A-CO 9 10 11 SF-4A-CO 1 2 8 SHEP ST SF-4A-CO Copyright nearmap 2015 21 20 5 6 7 11 of 12B-7 Katherine P. Loayza (512) 236-2259 (Direct Dial) (512) 691-4412 (Direct Fax) kloayza@jw.com May 14, 2021 Jerry Rusthoven Assistant Director Zoning and Neighborhood Housing Department 505 Barton Springs Road Austin, Texas 78704 Dear Jerry: Re: Rezoning application – 8721 S. 1st Street -0.81 acres from “IP” Industrial Park to “CS” Commercial Services I am submitting this rezoning application on behalf of Barry and Robin Wurzel, BRW Holdings LLC (the “Owner”) who own approximately three (3) acres which are currently zoned “IP” and “LR” for their office, construction sales/service and warehouse businesses. The 0.81 acres subject to the rezoning is part of an active site plan (SP-2018-0591C) for the expansion of their construction sales and service/limited warehouse and distribution business uses. The area of the proposed rezoning is surrounded on three sides by “IP” zoning and “LR” zoning adjacent to S. 1st Street. The property is not within an adopted neighborhood plan. to construction sales and service/limited warehouse and distribution uses. The purpose of the rezoning is in order to allow pet services and kennel use, in addition We respectfully request your support of this rezoning request. Sincerely, Katherine P. Loayza Land Use Consultant J W | A U S T I N 100 Congress Avenue, Suite 1100 • Austin, Texas 78701 | www.jw.com | Member of GLOBALAW™ 12 of 12B-7