B-09 (SP-2007-0549B(XT3) - Kallestad Laboratories, Inc. - PRA Site Plan; District 10).pdf — original pdf

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ZONING AND PLATTING COMMISSION- SITE PLAN- EXTENSION REVIEW SHEET SP-2007-0549B(XT3) CASE NUMBER: PROJECT NAME: Kallestad Laboratories, Inc. - PRA Site Plan ADDRESS OF SITE: 10010 FM 2222 Road WATERSHED: ZAP HEARING DATE: Jan. 4, 2022 ZAP Postponement on Dec. 21, 2021 COUNCIL DISTRICT: 10 JURISDICTION: Full Purpose APPLICANT/ OWNER: Bull Creek (Water supply suburban) Tom Stacy, Austin Baptist Church 9003 Waterford Centre Blvd, Ste 100 Austin, TX 78717 Richard Suttle, Armbrust & Brown 100 Congress Ave, Ste. 1300 Austin, TX 78701 (512) 435-2378 (512) 974-2784 rosemary.avila@austintexas.gov AGENT: CASE MANAGER: Rosemary Avila PROPOSED DEVELOPMENT: The applicant is requesting a fifteen year extension to a previously approved site plan. The proposed development is religious assembly. SUMMARY STAFF RECOMMENDATION: Staff does not recommend the 15 year extension. Staff does recommend a ten year extension to this site plan permit expiration. 25-5-63(C) Extension of released site plan by the Land Use Commission: “the Land Use Commission may extend the expiration date of a released site plan beyond the date established by this chapter if the Land Use Commission determines that the request complies with the requirements for extension by the director under 25-5-62 (Extension of Released Site Plan by Director).” 25-5-62(C) The director may extend the expiration date of a released administrative site plan one time for a period of one year if the director determines that there is good cause for the requested extension; and “ (1) the director determines that: (a) the site plan substantially complies with the requirements that apply to a new application for site plan approval; (b) the applicant filed the original application for site plan approval with the good faith expectation that the site plan would be constructed; (c) the applicant constructed at least one structure shown on the original site plan that is suitable for permanent occupancy; or (d) the applicant has constructed a significant portion of the infrastructure required for development of the original site plan; and” 1 of 7B-9SP-2007-0549B(XT3) Kallestad Laboratories, Inc. - PRA Site Plan Site Plan administrative approval, permit 3 year expiration 02/27/2011 One year Site Plan Extension administrative approval, permit expiration 02/27/2012 9 year 6 month extension granted by ZAP, permit expiration 08/31/2020 SUMMARY OF SITE PLAN: LAND USE: The site is zoned R&D-PDA, all site calculations are within the allowed amount. The applicant filed the original application for site plan approval with the good faith expectation that the site plan would be constructed. ENVIRONMENTAL: All environmental comments have been cleared. AUSTIN TRANSPORTATION DEPT: All ATD comments have been cleared. PREVIOUS APPROVALS 02/27/2008 12/20/2011 06/19/2012 Mayor’s Covid 19 orders extended all expirations to 12/31/2021 PROJECT INFORMATION 393,151 sf SITE AREA R&D-PDA EXISTING ZONING Allowed 0.25:1 FLOOR-AREA RATIO -- BUILDING COVERAGE 45% IMPERVIOUS COVERAGE 250 required* PARKING *This site has off-site parking with adjacent site The Offices at Ribelin Ranch- SPC-07-0497C. EXISTING ZONING AND LAND USES Proposed 0.23:1 16.83% 44.84% 247 provided 9.0255 acres ZONING LAND USES Site North South East West R&D-PDA PUD ROW, then SF-2 PUD ROW, then R&D Religious Assembly Religious Assembly FM 2222 Vacant Vacant McNeil Drive, Office ABUTTING STREETS Street Right-of-Way Width 145’ 110’ Avg McNeil Drive FM 2222 Rd NEIGHBORHOOD ORGANIZATIONS: 2222 Coalition of Neighborhood Associations, Inc. Austin Lost and Found Pets Bike Austin Bull Creek Foundation Canyon Creek HOA Friends of Austin Neighborhoods Glenlake Neighborhood Association Lake Austin Collective Leander ISD Population and Survey Analysts Pavement Width Classification 46’-87’ 82’-111’ Level 1 ASMP Level 4 ASMP Long Canyon Homeowners Association Long Canyon Phase II & III HOA Inc. Mountain Neighborhood Association (MNA) Neighborhood Empowerment Foundation Riverplace HOA SEL Texas Sierra Club, Austin Regional Group Steiner Ranch Community Association Westminster Glen HOA 2 of 7B-9ARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 RICHARD T. SUTTLE (512) 435-2310 rsuttle@abaustin.com July 27, 2020 Denise Lucas, Director City of Austin, Development Services Department 505 Barton Springs Road Austin, Texas 78704 Re: Site Plan Extensions for The Offices At Ribelin Ranch Phase I (SPC-2007- 0497C(XT2).MGA) and Kallestad Labratories-PRA (SP-2007-0549B(XT2)) (the “Application”) Dear Mrs. Lucas: Our firm represents Austin Baptist Church (“Church”), the owner of the above referenced properties. The Church has owned and occupied the properties since January 12, 2011. They have constructed buildings and infrastructure in furtherance of its project and respectfully requests to extend the approved site plans for The Offices At Ribelin Ranch Phase I and Kallestad Labratories-PRA Site Plan referenced by City of Austin Case No. SPC-2007- 0497C(XT2).MGA and SP-2007-0549B(XT2) (the “Project”). This request is made in accordance with Section 25-5-63 of the Land Development Code (“LDC”). Under Section 25-5-63(C), the Land Use Commission may extend the expiration date of a released site plan beyond the date established if the Land Use Commission determines that the request complies with the requirements for extension by the director under Section 25-5-62. According to Section 25-5-62(C), an applicant must satisfy provisions (C)(1) and (2), however, under provision (1), the applicant must comply with any, but not all, of subsections (a) through (d). For this project, the Applicant has satisfied subsection (b), (c), and (d). In accordance with subsection (b), the applicant filed the original site plan with a good faith expectation that the site plan would be constructed. However it has taken much longer than originally expected since fundraising is required to complete the Project and the COVID-19 pandemic has hindered these efforts. Since Austin Baptist Church must raise funds to be able to construct facilities, they would like the ability to extend the site plan for approximately fifteen years until August 31, 2036. For background, the existing site plans were granted a Land Use Commission approved extension until August 31, 2021 through Austin Case No. SPC-2007-0497C(XT2).MGA and SP- 2007-0549B(XT2). Furthermore, subsection (c) and (d) requires that an applicant must construct at least one structure shown on the original site plan that is suitable for permanent occupancy, {W0972707.2} 3 of 7B-9ARMBRUST & BROWN, PLLC Page 2 and that a significant portion of the required infrastructure is complete. A majority of the development has been constructed with the exception of a maintenance building and additional parking. Similar to provision (1), provision (2) requires that an applicant satisfy either subsection (a) or subsection (b). Subsection (a) states, “the director determines that if a traffic impact analysis was submitted with the application for site plan approval, the assumptions and conclusions of the traffic impact analysis are valid.” Under the original site plans submitted for the property the development assumptions of the originally approved TIA, that was submitted with the Planned Unit Development zoning case (C814-04-0061), are still valid as the land uses and densities that have been constructed to-date do not exceed what was originally contemplated. The original site plan (SPC-2007-0497C) assumed 124,000 square feet of general office as the land use. The proposed use, which has been mostly constructed as mentioned above, had a difference in daily trips between office and religious assembly use of 235 fewer trips than what was previously approved. This information was provided and approved with the previous site plan extension. I’d like to have a call to discuss this unique situation. In the meantime if you have any questions, comments, or need additional information, please do not hesitate to contact me. Thank you in advance, Respectfully, Richard T. Suttle cc: Tom Stacy; Austin Baptist Church Jonathan McKee; Garza EMC Jewels Cain; Armbrust & Brown, PLLC {W0972707.2} 4 of 7B-9PUD 9900 9900 9848 9866 9868 9901 9801 7201 R I B E L I N R A N C H D R 9700 7128 10007 7016 R&D-PDA 10010 7010 7004 7011 7011 FM 2222 RD 2222 9824 7004 SF-2 CASE#: ADDRESS: CASE NAME: MANAGER: SP-2007-0549B(XT3) 10010 FM 2222 RD Kallestad Laboratories, Inc. - PRA Site Plan Rosemary Avila 100 200 400 Feet 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. This product has been produced by the Planning and Development Review Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. OPERATOR: R. Avila MC NEIL DR R&D 10024 10100 10103 10023 ± 0 5 of 7B-96 of 7B-97 of 7B-9