B-03 (C14-2021-0189 - 4833 Spicewood Springs, District 10).pdf — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2021-0189 (4833 Spicewood Springs) DISTRICT: 10 ADDRESS: 4833 Spicewood Springs Road ZONING FROM: LO, SF-3 TO: LO-MU SITE AREA: Tract 1: 0.588 acres Tract 2: 0.558 acres Total: 1.146 acres (49,924 sq. ft.) PROPERTY OWNER: Spicewood Canyon, LP (Juan Creixell) AGENT: Keepers Land Planning (Ricca Keepers) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMENDATION: Staff recommends LO-MU, Limited Office-Mixed Use Combining District, zoning. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: February 1, 2022: Postponed at the neighbor's request to February 15, 2022 by consent (10-0, T. Bray-off the dais); H. Smith-1st, B. Greenberg-2nd. February 15, 2022 CITY COUNCIL ACTION: ORDINANCE NUMBER: 1 of 14B-3 ISSUES: N/A CASE MANAGER COMMENTS: The property in question is consists of a 1.146 acre area fronting Spicewood Springs Road that contains undeveloped land and an office building. The applicant is requesting LO-MU zoning because they would like to maintain the existing office use on Tract 1 and to build a residential condominium with 20 units on Tract 2. The staff recommends LO-MU zoning because the site under consideration meets the intent and purpose statement of the Limited Office-Mixed Use combining district. LO-MU zoning will promote consistency and orderly planning because there is existing office zoning (LO, LO-CO) located to the north and west and residential zoning (SF-6-CO, MF-3, SF-3, SF-6) located to the north, northwest and south of the site under consideration. The property fronts onto and is accessible from Spicewood Springs Road, a major arterial roadway. The proposed zoning will permit the applicant to develop a mixture of residential, civic and office uses adjacent to other office and residential uses. The applicant agrees with the staff’s recommendation. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. Limited Office district is intended for offices predominately serving neighborhood or community needs, which may be located within or adjacent to residential neighborhoods. Mixed Use combining district is intended for combination with selected base districts, in order to permit any combination of office, retail, commercial, and residential uses within a single development. The property under consideration is accessible from Spicewood Springs Road, a major arterial roadway. The proposed zoning will permit the applicant to construct additional residential units in this area of the city adjacent to other office and residential developments. 2. The proposed zoning should promote consistency and orderly planning. The proposed zoning will promote consistency and orderly planning because there is existing office zoning (LO, LO-CO) and residential zoning (SF-6-CO, MF-3, SF-3, SF- 6) located along this portion of Spicewood Springs Road. 2 of 14B-3 3. The proposed zoning should allow for a reasonable use of the property. The zoning district would allow for a fair and reasonable use of the site because it would allow the applicant to have additional permitted uses and to add new residential uses on a site that fronts onto a major arterial roadway. EXISTING ZONING AND LAND USES: ZONING Site North South East West SF-3, LO SF-3, LO SF-3 SF-3 LO-CO LAND USES Undeveloped Area, Office (Spicewood Canyon Office Condos) Office (Mueller & Associates Certified Public Accountants) Single Family Residences Undeveloped Undeveloped Tract, Office (Per Stirling Office Complex) NEIGHBORHOOD PLANNING AREA: N/A TIA: Deferred to Site Plan WATERSHED: Bull Creek NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bull Creek Foundation Bull Creek Homeowners Association Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Northwest Austin Civic Association NW Austin Neighbors SELTEXAS Sierra Club, Austin Regional Group TNR BCP- Travis County Natural Resources 2222 Coalition of Neighborhood Associations, Inc. AREA CASE HISTORIES: REQUEST SF-3 to GO NUMBER C14-2012-0153 (Spicewood Springs Office Rezoning: 4714 Spicewood Springs Road) COMMISSION 1/15/13: Approved staff’s recommendation of GO-CO zoning, with a CO to limit the development intensity to less than 2,000 vehicle trips per day and CITY COUNCIL 2/14/13: Approved GO-CO zoning on consent on all 3 readings (7-0); S. Cole-1st, B. Spelman-2nd. 3 of 14B-3 will limit medical office uses to a maximum of 4,000 sq ft, adding conditions to limit impervious cover on the site to a maximum of 70% and to limit building coverage on the site to a maximum of 50% (5-1, B. Baker- No, P. Seeger-absent); G. Rojas- 1st, C. Banks-2nd. 9/16/08: Denied staff rec. of LO-MU (7-0) C14-2008-0128 (5005 Spicewood Springs Road) SF-2 to LO-MU I-SF-3 to SF-6-CO SF-3 to LO 1/17/06: Approved SF-6-CO, with only permitted non- residential uses a telecommunication tower and permitted SF uses (7-0) 8/02/05: Approved LO-CO, with 50 vtpd limit (8-0) GO-CO to GO 3/02/04: Approved staff rec. of GO-CO, limiting medical office to 3,485 sq. ft., by consent (8-0) SF-3 to LO 1/06/04: Approved staff rec. of LO by consent (9-0) C14-05-0202 (Crown Castle Spicewood Springs: 4919 Block of Spicewood Springs) C14-05-0078 (Shelton Medical Office: 4615 Spicewood Springs Road) C14-04-0014 (Peppard: 4601 Spicewood Springs Road) C14-03-0164 (4810 Spicewood B: 4810 Spicewood Springs Road) C14-00-2049 (Spicewood Office: Spicewood Springs Road) 9/25/08: Approved SF-6 zoning (7-0); 1st reading only 10/16/08: Approved SF-6 zoning (7-0); 2nd reading 2/12/09: Approved SF-6-CO zoning (6-0); 3rd reading 3/23/06: Approved SF-6-CO (7-0); all 3 readings 9/01/05: Approved LO-CO zoning (7-0); all 3 readings 4/01/04: Approved GO-CO on approximately 4,000 sq. ft. (7-0); 1st reading only 4/22/04: Approved GO-CO zoning (6-0); 2nd/3rd readings 1/29/04: Approved LO (5-0); all 3 readings SF-3 to LO 4/18/00: Approved staff rec. of LO-CO w/conditions to include list of neighborhood prohibited uses except for Family Home, Group Home and Counseling Services (8-0) 5/18/00: Approved PC rec. of LO- CO zoning on 1st reading (6-0, Lewis-absent) 6/22/00: Approved LO-CO zoning on 2nd/3rd readings (7-0) RELATED CASES: C14-83-109: Previous Zoning Case 4 of 14B-3 EXISTING STREET CHARACTERISTICS: The adjacent street characteristics table is provided below: Name ROW Pavement Classification Spicewood Springs Rd. 118’ – 130’ 29’ ASMP Level 3 No Sidewalks Bicycle Route Capital Metro (within ¼ mile) Bicycle Lane - Climbing No OTHER STAFF COMMENTS: Comprehensive Planning This zoning case is situated on a 1.146-acre lot, which has an office and vacant land, which is located on the west side of Spicewood Springs Road, a heavily travelled corridor in this part of Austin. This case is not located within the boundaries of a neighborhood planning area. Surrounding land uses include office building to the north; single family housing to the south; heavily wood land to the west; and an office and vacant land to the east. Proposal per the agent: The owner wants to rezone Tract 1 from LO to LO-MU and Tract 2 from SF3 to LO-MU. The owner plans on building a residential condominium with 20 units on Tract 2. Tract 1 already has an office building on it, and the property owner does not plan on doing anything to what is currently there. The SF-3 zoning does not allow for the owner to build the condos on Tract 2. Connectivity: There are no sidewalks located along this portion of Spicewood Springs Road, nor any CapMetro transit stops located within walking of this property. Mobility and connectivity options are below average in the area. Imagine Austin The property is not located along an Activity Corridor or near an Activity Center. The following Imagine Austin policies are appliable to this project: • HN P1. Distribute a variety of housing types throughout the City to expand the choices able to meet the financial and lifestyle needs of Austin’s diverse population. • 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 project providing additional missing middle residential units but below average mobility and connectivity options in the area, this request appears to only partially support the policies of the Imagine Austin Comprehensive Plan. 5 of 14B-3Environmental The site is located over the Edwards Aquifer Recharge Zone. The site is in the Bull Creek Watershed of the Colorado River Basin, which is classified as a Water Supply Suburban Watershed by Chapter 25-8 of the City's Land Development Code. It is in the Drinking Water Protection Zone. Under the current watershed regulations, development or redevelopment on this site will be subject to the following impervious cover limits: Development Classification One or Two Family Residential 30% 40% Multifamily Residential 40% Commercial % of Net Site Area % NSA with Transfers 40% 55% 55% Development within a Water Quality Transition Zone is limited to 18%. 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 Water Quality Transition Zone / Critical Water Quality Zone exist 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 existing information has been provided as to whether this property has any preexisting approvals that preempt current water quality or Code requirements. *On February 1, 2022, the Environmental review staff clarified that no portion of the lot is located in a Water Quality Transition Zone or Critical Water Quality Transition Zone. There is a Water Quality Transition Zone adjacent to the lot. In addition, there are no critical environmental features on the site. Fire No comments. Parks and Recreation Parkland dedication will be required for the new residential units proposed by this development, condominiums with LO-MU zoning, at the time of subdivision or site plan, per City Code § 25-1-601. Whether the requirement shall be met with fees in-lieu or dedicated land will be determined using the criteria in City Code Title 25, Article 14, as amended. Parkland dedication fees shall be used toward park investments in the form of land 6 of 14B-3acquisition and/or park amenities within the surrounding area, per the Parkland Dedication Operating Procedures § 14.3.11 and City Code § 25-1-607 (B)(1) & (2). If the applicant wishes to discuss parkland dedication requirements in advance of site plan or subdivision applications, please contact this reviewer: thomas.rowlinson@austintexas.gov. At the applicant’s request, PARD can provide an early determination of whether fees in-lieu of land will be allowed. 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. Additional comments will be made when the site plan is submitted. Compatibility Standards The site is subject to compatibility standards due to the SF-3 lots on three sides (north, south, and west property lines). The applicant is responsible for requesting relocation and demolition permits once the site plan is approved. The City Historic Preservation Officer will review all proposed building demolitions and relocations prior to site plan approval. If a building meets city historic criteria, the Historic Landmark Commission may initiate a historic zoning case on the property. Wildland Urban Interface This site is located within 150 feet of a wildland area, in the Wildland Urban Interface (WUI). Please see this website for more information about construction in the WUI: http://www.austintexas.gov/department/wildland-urban-interface-code Scenic Roadways This site is within the Scenic Roadway Sign District .All signs must comply with Scenic Roadway Sign District regulations. Contact Viktor Auzenne at 512-974-2941 for more information. Additional design regulations will be enforced at the time a site plan is submitted. 7 of 14B-3Transportation Transportation Assessment: 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 triggered per LDC 25-6-113. Additional right-of-way or easement may be required at the time of subdivision and/or site plan. The Austin Strategic Mobility Plan (ASMP) calls for 120 feet of right-of-way for Spicewood Springs Rd. There are currently no public transportation improvements proposed with this zoning request. 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. *On February 1, 2022, the ATD staff stated that an Neighborhood Traffic Analysis (NTA) was not triggered for this site as the proposed land use does not generate 300 vehicle trips and Spicewood Springs Road is not a residential street as described in LDC 25-6-114C. Construction of the Spicewood Springs Regional Mobility is anticipated to begin by early 2022. 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, off site 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. Topography Map D. Applicant’s Request Letter E. Correspondence from Interested Parties 8 of 14B-3B S H W Y N I-RR A X E F T L O A P I T A N C 86-286 P ( ( ( ( A E R D V S C ( N A ( EXHIBIT A ( MF-3 ( ( ( ( ( ( ( ( ( ( V S C ( E D ( N A ( ( SF-3 ( A D I R ( O N D A C ( A LV E R S T O N E W A Y ( ( SF-3 ( ( ( K T R L ( ( ( ( H I A C A L R N D ( A P P A ( ( SF-3 ( ( ( ( ( ARGOS LN ( ( ( ( ( 71-03 PUD ( ( ( ( SF-3 ( ( P PUD SF-2 SF-2 AD IRO NDACK TRL C8S-85-213 R.C. 71-115 ( ( MF-2 S O D N O C SF-2 S P I C E W O O D S P R I N G S R D 83-175 ( 2008-0128 SF-6-CO C14-2008-0128 05-0202 C14-05-0202 SP86-019 I-SF-3 SF-6-CO 84-146 OFF. 82-156 82-160 C14-2013-0103 ! ! ! ! ! ! LO 83-109 ! ! ! ! ! ! ! ! ! ! ! ! ! ! MF-3 78-050 SF-2 C14-2014-0178 LO-CO C14-97-0167 99-0037 OFFICE 78-50 C14-03-0164 LO SP-98-0141C C814-85-024 PUD C814-85-024 VALBURN CT PUD SF-2 SF-3 SF-3 SF-6 SF-3 C14-2012-0153 GO-CO 83-242 LO-CO C14-00-2049 00-2049 78-50 LO RZ85-056 84-002 RC OFFICE 83-173 94-154 SP-96-0015C OFFICE 83-147 OFFICE LO SF-3 LO-CO ( C14-05-0078 80-208 GO-CO C14-97-0086 83-147 RC UNDEV R85-222 RC GO OFFICE 97-0086 83-173 C14-04-0014 CONDOS. SF-6 83-090 RC PUD C814-90-01 N O R T H R I M D R ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ZONING ZONING CASE#: C14-2021-0189 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: 12/15/2021 9 of 14B-3EXHIBIT B C14-2021-0189SF-2SF-6-COSF-3LOLO-COI-SF-3MF-3LOSF-6-COLOSF-2PUDSF-3SPICEWOODSPRINGS RDH32H31Copyrightnearmap 20154833 Spicewood SpringsThis map has been produced by the Communications Technology Management Dept. on behalf of thePlanning Development Review Dept. for the sole purpose of geographic reference. No warranty is madeby the City of Austin regarding specific accuracy or completeness.ZONING CASE#:LOCATION:SUBJECT AREA:GRID:MANAGER:C14-2021-01894833 Spicewood Springs Rd1.146 AcresH32Sherri Sirwaitis1=150'ZONING BOUNDARYPENDING CASE!!!!!!SUBJECT TRACTCREEK BUFFER10 of 14B-3EXHIBIT C 12A415A131C14-2021-0189LO-COSF-3I-SF-3SF-2SF-6-COLOSPICEWOODSPRINGSRDH32H31812672716672832724820674812676678828680682684686822838688690692694696698700702704706708824710712836714716718834720832722724830788792782790794784786800780796798754778756760776758752774748750802746762766764744804768772770742734738736732806728730726808810740814816828818824820822826±This map has been produced by the Communications Technology Management Dept. on behalf of thePlanning Development Review Dept. for the sole purpose of geographic reference. No warranty is madeby the City of Austin regarding specific accuracy or completeness.ZONING CASE#:LOCATION:SUBJECT AREA:GRID:MANAGER:C14-2021-01894833 Spicewood Springs1.146 AcresH31SHERRI SIRWAITIS1'' = 75CREEK BUFFERPENDING CASE!!!!!!ZONING BOUNDARYSUBJECT TRACT4833 Spicewood Springs11 of 14B-3EXHIBIT D 4833 Spicewood Springs Rd., Tract 1&2, Austin, TX Dear Land Management, This letter is to provide you with the necessary information about this property for a rezone we are submitting for with the city. We are requesting a rezone for the property with the above address. The owner is wanting to rezone tract 1 from LO to LO-MU and tract 2 from SF3 to LO-MU. The owner plans on building a residential condominium with 20 units on tract 2. Tract 1 already has an office building on it, and he does not plan on doing anything to what is currently there. The SF3 zoning does not allow for the owner to build the condos on tract 2, which is why we are wanting to rezone it. Please, do not hesitate to reach out to us with any questions or concerns. Thank you in advance for your time. November 16, 2021 Letter of Intent Rezone Sincerely, Ricca Keepers, MUP Ricca Keepers, MUP Keepers Land Planning Land Planner 512-550-6508 KeepersLandPlanning.com 12 of 14B-3EXHIBIT E From: Ben Luckens <> Sent: Tuesday, February 1, 2022 10:02:37 AM To: Denkler, Ann - BC <bc-Ann.Denkler@austintexas.gov> Subject: C14-2021-0189 *** External Email - Exercise Caution *** Good morning Ann As you know, I’m a strong advocate for mixed-use development. In this case, however, I believe there are significant issues that need to be addressed before the MU zoning is granted, The case itself is significant; the rezoning of 4833 Spicewood Springs Rd to LO MU is for an initial 20 units of residential on a half acre of vacant land with the potential for 20 more on the remaining half acre currently the site of a small office building. I have three major concerns regarding the case none of which were fully addressed in the staff report Water Quality/Environment- multifamily housing use allows for 40% impervious cover. According to floodplain maps there is a floodplain adjacent to the condo portion of proposed rezoning. Development within a Water Quality Transition Zone is limited to 18%. A determination of whether the site is in a Water Quality Transition Zone should be made before the City grants additional entitlements. The staff report notes that, “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". A determination of whether the site contains critical environmental features should be made before the City grants additional entitlements. Transportation- The staff report notes that "mobility and connectivity options are below average in the area" and that no "CapMetro transit stops are located within walking distance”. There don’t seem to be any transportation-related benefits from granting mixed-use zoning to the site. Given the one way in/one way out nature of the site adding multiple-family units on the site will likely increase congestion. 13 of 14B-3Precedent- Like sites are typically treated in a like manner by staff. Approving this zoning sets the stage for up-zoning the length of Spicewood Springs Road. Spicewood Springs Road is currently scheduled to be widened in the near term. This zoning case and those that will follow it seem poised to take advantage of the additional capacity provided from the widening project. That of course, will put us back where we started. I really think it’s time for the City to address environmental and transportation questions during the zoning phase of things rather than defer them until site plan phase. At that point, it’s been determined that the development is appropriate for the site and all that's left is mitigation. Ben Luckens 707-616-0608 Ann Denkler Boards and Commissions 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. Scheduled Meeting Disclosure Information: Written disclosure is required by visitors when attending a scheduled meeting with a City Official regarding a municipal question for compensation on behalf of another person. 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