B-01 C14-2022-0041 - Elisa Zoning; District 6.pdf — original pdf

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ZONING CHANGE REVIEW SHEET TO: GR DISTRICT: 6 CASE: C14-2022-0041 (Elisa Zoning) ADDRESS: 8863 Anderson Mill Road ZONING FROM: I-RR SITE AREA: 0.535 acres (23,522.4 sq. ft.) PROPERTY OWNER: Third NHP Holdings LP AGENT: Site Specifics (John Hussey) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMEDATION: Staff recommends GR-CO, Community Commercial-Conditional Overlay Combining District, zoning. The conditional overlay will prohibit the following uses on the property: Automotive Repair Services, Automotive Sales, Automotive Washing (of any type), Bail Bond Services, Club or Lodge, Commercial Off-Street Parking, Drop Off Recycling Collection Facility, Exterminating Services, Funeral Services, Hotel/Motel, Off-Site Accessory Parking, Outdoor Entertainment, Outdoor Sports and Recreation, Pawn Shop Services and Service Station. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: May 17, 2022: Postponed to June 7, 2022 at the staff's request (7-0, J. Kiolbassa, H. Smith and R. Woody-absent and C. Acosta-off the dais); B. Greenberg-1st and C. Thompson-2nd. June 7, 2022 CITY COUNCIL ACTION: ORDINANCE NUMBER: 1 of 11B-1C14-2022-0041 ISSUES: N/A CASE MANAGER COMMENTS: 2 The property in question is a suite developed with a restaurant use and a parking area within a commercial strip center that fronts Anderson Mill Road. The lots to the north, across Anderson Mill Road, contain single family residences. The tracts of land to the south and east are developed with public schools (Deer Park Middle School and Live Oak Elementary School). To the west, there is an undeveloped tract of land and townhouse residences zoned LR-MU-CO. In this request, the applicant is asking to zone the property to GR, Community Commercial District, zoning to bring the existing uses on the site into conformance with City of Austin Land Use regulations. The staff is recommending GR-CO, Community Commercial-Conditional Overlay District, zoning for the property under consideration. The proposed GR-CO zoning will allow for low intensity office and commercial uses on a lot that front onto an arterial roadway, Anderson Mill Road. GR-CO zoning will permit the applicant to develop and maintain limited commercial uses on a property adjacent to the residential neighborhoods to the north. The proposed zoning will permit the applicant to bring the existing restaurant use on the site into conformance the land use regulations in the City of Austin Code. 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. The Community Commercial (GR) district is the designation for an office or other commercial use that serves neighborhood and community needs and that generally is accessible from major traffic ways. 2. The proposed zoning should promote consistency and orderly planning. GR-CO zoning will promote consistency and orderly planning as it will allow for low density office and commercial uses that will provide services to the residential developments to the north and west. 3. The proposed zoning should allow for a reasonable use of the property. The proposed GR-CO zoning district would allow for a fair and reasonable use of the site as it will permit the applicant to develop and maintain limited commercial uses on a property adjacent to school facilities. The proposed zoning will permit the applicant to bring the existing uses on the property into conformance the land use regulations in the City of Austin Code. 2 of 11B-1C14-2022-0041 3 EXISTING ZONING AND LAND USES: Site ZONING I-RR LAND USES Commercial/Retail Strip Center (Valentino’s Pizza, MG Floors, Best Vet, Avila Soccer, Elisa Pastry & Coffee, Shandeez Grill Mediterranean Cuisine Restaurant, Bouquets of Austin, RR Cabinets Direct, Music Lessons, The Love of China School of Dance, Glitzzy Events Catering Support Services) Single-Family Residences School (Deer Park Middle School) Undeveloped Area, School (Live Oak Elementary School) Vacant Tract, Townhouse Residences I-SF-2 I-RR I-RR I-RR, LR-MU-CO North South East West NEIGHBORHOOD PLANNING AREA: N/A TIA: Deferred to the time of Site Plan WATERSHED: Lake Creek SCHOOLS: Round Rock I.S.D. NEIGHBORHOOD ORGANIZATIONS: Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Association of SW Williamson County Neighborhood Empowerment Foundation SELTEXAS Sierra Club, Austin Regional Group AREA CASE HISTORIES: NUMBER C14-2015-0110 (Dakota Plaza: 8516 Anderson Mill Road) REQUEST I-RR to GR CITY COUNCIL 11/12/15: Approved GR- CO zoning on consent on all 3 readings (11-0); D. Zimmerman-1st, S. Gallo-2nd. COMMISSION 9/15/15: Approved staff’s recommendation of GR-CO district zoning, with CO to limit development on the site to less than 2,000 vehicle trips per day, will allow for Personal Improvement Services as the only permitted GR district use, will allow for all other LR district permitted uses and will limit the site to LR district 3 of 11B-1C14-2022-0041 4 C14-2014-0107 (Fredrickson 1.5: 8410 Anderson Mill Road) I-RR to W/LO I-RR to MF-3 C14-2011-0073 (Villages at Turtle Rock: 12800 Turtle Rock Road) C14-06-0236 (13201 Pond Springs Road) I-RR to CS-1 C14-06-0157 (Pond Springs Plaza – 13233 Pond Springs Road) I-SF-2 to Tract 1: CS Tract 2: CS-1 site development standards as stated in LDC, Sec. 25- 2-492 and with clarification that no additional ROW is required at this time, on consent (11-0); T. Weber- 1st, L. Brinsmade-2nd. 8/05/14: Approved staff recommendation of W/LO- CO zoning with ROW condition by consent (5-0, C. Banks and R. McDaniel-absent); P. Seeger-1st, S. Compton-2nd. 8/16/11: Approved staff’s recommendation of MF-3- CO zoning, with CO to limit development on the site to less than 2,000 vehicle trips per day, by consent (6-0, G. Rojas- absent); D. Tiemann-1st, G. Bourgeios-2nd. recommendation of LR- MU-CO zoning, with CO to limit development on the site to less than 2,000 vehicle trips per day, by consent (6-0, G. Rojas- absent); D. Tiemann-1st, G. Bourgeios-2nd. 5/15/07: Approved staff rec. of GR-CO and CS-1- CO (7-0) 9/05/06: 1st Motion: Approved staff’s recommendation of GR-CO for Tract 1 and CS-1-CO for Tract 2, with additional condition to prohibit Pawn Shop Services, by consent 8/28/14: Approved W/LO-CO zoning, with conditions, on consent on first reading (7-0); B. Spelman-1st, L. Morrision-2nd. 9/25/14: Approved W/LO-CO zoning, with conditions, on consent on 2nd/3rd readings (7-0); B. Spelman-1st, L. Morrison-2nd. 9/22/11: Approved MF- 3-CO zoning on consent on all 3 readings (7-0); B. Spelman-1st, L. Morrison-2nd. 9/22/11 : Approved LR- MU-CO zoning on consent on all 3 readings (7-0); B. Spelman-1st, L. Morrison-2nd. 6/08/07: Approved for GR-CO for Tract 1 and CS-1 for Tract 2 (7-0); all 3 readings 12/07/06: Approved the ZAP recommendation, striking the requirement for double door access from the bar (Tract 2) to the deck (Tract 3) and adding a the bar (Tract 2) to the deck (Tract 3) C14-2011-0072 (8915 Anderson Mill Road) I-RR to GR-MU 8/16/11: Approved staff’s 4 of 11B-1C14-2022-0041 5 and adding a condition for speakers be removed from the deck area (7-0). 4/12/06: Approved GR- CO zoning for Tract 1, CS-1-CO zoning for Tract 2, and GR-CO zoning for Tract 3 (6-0); 2nd/3rd readings (8-0, J. Shieh-absent); J. Martinez-1st, S. Hale-2nd. 2nd Motion: To rescind and reconsider 1st motion (6-0, J. Shieh-absent; T. Rabago, J. Martinez-off dais); J. Gohil-1st, K. Jackson-2nd. 3rd Motion: To postpone and place on the September 19, 2006 ZAP Agenda (6-0, J. Shieh-absent; T. Rabago, J. Martinez-off dais); J. Gohil-1st, K. Jackson-2nd. 9/19/06: Continued to October 3, 2006 by Zoning and Platting Commission (7-0, J. Martinez, J. Pinnelli-absent); S. Hale- 1st, J. Shieh-2nd. 10/03/06: Postponed to November 7, 2006 by the applicant (7-0, K. Jackson, J. Pinnelli-absent); J. Martinez-1st, S. Hale-2nd. 11/07/06: Approved staff’s recommendation of GR-CO zoning for Tract 1 (shopping center), CS-1-CO zoning for Tract 2 (bar area), and GR-CO zoning for newly created Tract 3 (deck area). The Commission added the following conditions to Tract 2: Prohibit Adult Oriented Businesses; To require double door access to the deck from the bar (if allowable by Code and Building Permit regulations); To place permanent signage on the property at the driveway entries to restrict motorcycle parking in the rear/alleyway. To place 5 of 11B-1C14-2022-0041 6 permanent signage along the fence/property line between the residential site to the west and the property in question designating the parking spaces in the rear/alleyway as, “Employee Parking Only”. To construct an 8-foot masonry/or sound retardant fence around the deck to mitigate sound emanating from the deck. The Commission also placed the following conditions on Tract 3 (the deck area): Place an 85 decibel limit (in accordance with LDC Sec. 9-2-4) on the deck to reduce noise emanating from the deck. Restrict amplified sound on the deck. Place permanent signage on the deck for noise mitigation. Remove the pool table off of the deck. Vote: (7-2, B. Baker, J. Martinez- No); J. Shieh- 1st, S. Hale-2nd. RELATED CASES: C8J-03-0143.0A – Subdivision Case EXISTING STREET CHARACTERISTICS: Name ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route Capital Metro (within ¼ mile) No Anderson Mill Road Level 3 100’ 102’ to 109’ Yes 72’ to 88’ including a 4’ median Buffered Bike Lane 6 of 11B-1C14-2022-0041 7 OTHER STAFF COMMENTS: Comprehensive Planning Project Name and Proposed Use: 8863 ANDERSON MILL RD. C14-2022-0041. 0.54 acres from I-RR to GR. Food Sales/Restaurant to Food Sales/Restaurant (within an existing shopping center with retail uses) Yes Imagine Austin Decision Guidelines Compact and Connected Measures Imagine Austin Growth Concept Map: Located close to, within or adjacent to an Imagine Austin Activity Center, Imagine Austin Activity Corridor, or Imagine Austin Job Center as identified on the Growth Concept Map. Name(s) of Activity Center/Activity Corridor/Job Center: Mobility and Public Transit: Located within 0.25 miles of public transit stop and/or light rail station. Y Mobility and Bike/Ped Access: Adjoins a public sidewalk, shared path, and/or bike lane. Y Connectivity, Good and Services, Employment: Provides or is located within 0.50 miles to goods and services, and/or employment center. Connectivity and Food Access: Provides or is located within 0.50 miles of a grocery store/farmers market. Y Connectivity and Education: Is located within 0.50 miles from a public school or university. Y Connectivity and Healthy Living: Provides or is located within 0.50 miles from a recreational area, park and/or walking trail. Connectivity and Health: Provides or is located within 0.50 miles of health facility (ex: hospital, urgent care, doctor’s office, drugstore clinic, specialized outpatient care.) Housing Affordability: Provides a minimum of 10% of units for workforce housing (80% MFI or less) and/or fee in lieu for affordable house. Housing Choice: Expands the number of units and housing choice that suits a variety of household sizes, incomes, and lifestyle needs of a diverse population (ex: apartments, triplex, granny flat, live/work units, cottage homes, and townhomes) in support of Imagine Austin and the Strategic Housing Blueprint. Mixed Use: Provides mixed use development (minimum 10% residential and 10% non-residential floor area). Culture and Creative Economy: Provides or is located within 0.50 miles of a cultural resource (ex: library, theater, museum, cultural center). 4 Total Number of “Yes’s” Environmental The site is located over the North Edwards Aquifer Recharge Zone. The site is in the Lake Creek Watershed, which is classified as a Suburban Watershed by Chapter 25-8 of the City's Land Development Code. It 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: % of Gross Site Area % of Gross Site Area with Transfers 45% 50% Development Classification Single-Family (minimum lot size 5750 sq. ft.) One or Two Family Residential (lot size <5750 sq. ft.) Multifamily Residential Commercial 55% 60% 65% 60% 65% 70% 7 of 11B-1C14-2022-0041 8 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. At this time, no information has been provided as to whether this property has any preexisting approvals that preempt current water quality or Code requirements. Fire No comments. Parks and Recreation Parkland dedication will be required for any applicable uses resulting from this rezoning, GR with restaurant use. There are currently no parkland requirements for uses other than residential and hotel. Site Plan Site plans will be required for any new development other than single-family, two-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. The site is subject to compatibility standards due to the adjacent I-SF-2 districts to the north and south. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. This tract is already developed and the proposed zoning change is a footprint within the existing development. 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. 8 of 11B-1Capital Metro (within ¼ mile) No C14-2022-0041 9 Name Anderson Mill Road 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. The adjacent street characteristics table is provided below: ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route Level 3 100’ 102’ to 109’ Yes 72’ to 88’ including a 4’ median Buffered Bike Lane 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. Correspondence from Interested Parties 9 of 11B-1N O R C H E S T E R C T I-SF-2 L R T T F O R C N A B I-SF-2 B R I D G E W O O D T R L V I L L A P A R K D R I-SF-2 I-SF-2 I-RR I-SF-2 I-SF-2 S T I L L F O R E S T S T G A T E W O O D T R L I-SF-2 ! ! ! ! ! MF-2 ! ! ! ! ! ! ! C14-2020-0111 ! ! I-RR ! ! B L A C K O A K S T ! ! ! ! S P A R T A L N I-SF-2 ! ! ! ! ! ! ! ! ! LO-MU GR-CO C14-2015-0110 S N O W D E N C V B R I A R H O L L O W D R I-SF-2 I-SF-2 I-SF-2 C LE A R B R O O K T R L I-SF-2 T I L G H M A N T R L I-RR C A I N W O O D L N I-SF-2 S P R I N G M A I L C I R ! ! ! ! ! ! ! ! ! ! ! ! SP-03-0374D ! ! ! ! ! ! I-RR T L S N O L K Y R R A B C H E S T E R F O R E S T S T I-SF-2 B R O A D M E A D E A V E C H A R N W O O D C T W O O D M E R E S T ROXBOROUGH ST L R D A N D E R S O N M I L S P 0 6 - 0 7 6 1 D S A W T O O T H L N I-SF-2 L R T E U G A E T I-SF-2 T R E E L I N E D R I-SF-2 ± I-SF-2 LR-MU-CO C14-2011-0072 DONAT E L LO DR LEATHERBACK LN TURTLE ROCK RD MF-3-CO C14-2011-0073 SP-2007-0383D I-SF-2 I-SF-2 P I N E R I D G E D R P I N E Y P I-SF-2 O I N T D R SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY I-SF-2 ZONING I-SF-2 I-SF-2 ZONING CASE#: C14-2022-0041 I-SF-2 C A HIL L D R R HASE D I-SF-2 NTERS C U H V D C N U O H X FO 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: 3/23/2022 10 of 11B-1929151418111278131421221199286345241116101411267E20225535210158132223726634113161781C14-2022-0041I-SF-2I-RRI-SF-2I-SF-2LR-MU-COI-RRI-SF-2DONATELLO DRLEATHERBACKLNMICHELANGELO STCAINWOOD LNANDERSON MILL RDBLACK OAK STSPRINGMAIL CIRTILGHMAN TRLG38H38Copyright nearmap 2015±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:C14-2022-00418863 Anderson Mill Rd.535 AcresG38SHERRI SIRWAITIS1'' = 175'CREEK BUFFERPENDING CASE!!!!!!ZONING BOUNDARYSUBJECT TRACTElisa Zoning11 of 11B-1