B-04 C14-2022-0051 - 8916 half Brodie Lane 3601 Davis Lane, Bldg 3; District 8.pdf — original pdf

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ZONING CHANGE REVIEW SHEET ZONING TO: GR-CO CASE: C14-2022-0051 – 8916 1/2 Brodie Lane / 3601 Davis Lane, Bldg 3 DISTRICT: 8 ZONING FROM: LR ADDRESSES: 8916 1/2 Brodie Lane / 3601 Davis Lane, Building 3 SITE AREA: 0.852 acres (37,113 square feet) PROPERTY OWNER: W.W. Deerfield, Ltd. (William S. Walters, III) APPLICANT / AGENT: Smith Robertson LLP (David Hartman) CASE MANAGER: Wendy Rhoades (512-974-7719, wendy.rhoades@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant community commercial – conditional overlay (GR- CO) combining district zoning. The Conditional Overlay 1) establishes the following uses as prohibited uses of the property: automotive repair services, automotive sales, automotive washing (of any type), commercial off-street parking, exterminating services, off-site accessory parking, and service station; 2) limits the maximum building coverage to 50 percent; 3) limits floor-to-area ratio to 0.5 : 1; and 4) limits building height to 40 feet or 3 stories. The basis of Staff’s recommendation is provided on page 2. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: June 21, 2022: CITY COUNCIL ACTION: July 28, 2022: ORDINANCE NUMBER: ISSUES: No issues at this time. CASE MANAGER COMMENTS: The subject undeveloped platted lot is zoned neighborhood commercial (LR) district and contains a portion of a driveway that extends north to Davis Lane and intersects with another driveway that extends west to Brodie Lane. Along the south property line, Deer Lane has been vacated and serves as a private driveway to adjacent commercial uses, both existing and future development. The lot is part of a site plan that includes four other contiguous lots situated at the southwest intersection of Brodie Lane and Davis Lane. There is a service B-41 of 11C14-2022-0051 Page 2 station, as well as restaurants, retail sales, a medical office, and personal services along the Brodie Lane frontage (LR; GR; CS-1). The western three lots, including this lot are undeveloped. There are medical offices and financial services to the south within the Brodie 31 PUD. Please refer to Exhibits A (Zoning Map) and A-1 (Aerial View). The Applicant proposes community commercial – conditional overlay (GR-CO) district zoning in order to construct an approximate 7,000 square foot swim instruction facility, which is classified as a personal improvement services use. As information, the existing LR zoning limits the use to a maximum of 5,000 square feet per LDC Section 25-2-587(B) (Requirements For Certain Uses In A Neighborhood Commercial (LR) District). The proposed Conditional Overlay prohibits automotive repair services, automotive sales, automotive washing (of any type), commercial off-street parking, exterminating services, off- site accessory parking, and service station, and limits property development to LR standards for building coverage (50%), floor-to-area ratio (0.5 : 1), and height (40 feet or 3 stories). BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The community commercial (GR) district is intended for office and commercial uses serving neighborhood and community needs, including both unified shopping centers and individually developed commercial sites, and typically requiring locations accessible from major traffic ways. 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 should allow for reasonable use of the property. The adjacent commercial uses along the Brodie Lane frontage include retail, personal care, restaurants, and a medical office. The requested zoning would permit a tenant to the lot for swimming instruction. Staff recommends the Applicant’s request for GR-CO zoning based on the property’s access to two arterial roadways which contain a mix of commercial uses and corresponding zoning, separation from residential uses, and prohibition of more intensive, automotive-related uses in the GR district, and maintaining the LR site development standards for building coverage, FAR and height. EXISTING ZONING AND LAND USES: ZONING LR Site North LR South East West PUD LR; GR; CS-1 LR; P LAND USES Undeveloped Undeveloped Undeveloped; Financial services; Medical offices Restaurants; Retail sales; Medical office, Personal services Water quality and detention ponds; Fire station AREA STUDY: Not Applicable TIA: Is not required B-42 of 11C14-2022-0051 Page 3 SCENIC ROADWAY: No 384 – Save Barton Creek Assn. 627 – Onion Creek HOA 943 – Save Our Springs Alliance WATERSHED: Williamson Creek Watershed – Barton Springs Zone CAPITOL VIEW CORRIDOR: No COMMUNITY REGISTRY LIST: 12 – Brodie Lane Homeowners Association 298 – Oak Hill Association of Neighborhoods (OHAN) 511 – Austin Neighborhoods Council 742 – Austin Independent School District 947 – Deer Park Owners Association Inc. 967 – Circle C Neighborhood Association 1059 – Maple Run – Wheeler Creek – Woodstone Village 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 (SANA) 1550 – Homeless Neighborhood Association TNR BCP – Travis County Natural Resources 1616 – Neighborhood Empowerment Foundation 1617 – Brodie Heights Condominiums 1774 – Austin Lost and Found Pets SCHOOLS: Cowan Elementary School Covington Middle School Bowie High School AREA CASE HISTORIES: 1343 – Oak Hill Trails Foundation 1424 – Preservation Austin 1559 – Palomino Park HOA 1596 – REQUEST GR-CO to GR- MU COMMISSION CITY COUNCIL To be scheduled To be scheduled NUMBER C14-2022-0068 – Davis Lane Residences – 3416 Davis Ln C14-2017-0095 – Brodie Marketplace – 8916 Brodie Lane, Suite 500 C14-2009-0111 – 8919 Brodie Ln – Brodie Park Shopping Center LR; GR to CS-1 To Grant CS-1 GR-CO to GR- CO, to change a condition of zoning To Grant GR-CO and remove from the prohibited use list drive-in services as an accessory use to a restaurant use, limited to 3,500 s.f. To Grant PUD w/ conditions of the TIA Apvd CS-1 as Commission recommended (10-5-2017). Apvd GR-CO as Commission recommended (11-19- 2009). Apvd PUD w/addl conds of drive-in services as an C814-04-0024 – Brodie 31 – 9000- 9600 Blk of Brodie DR to PUD for retail uses, automotive B-43 of 11C14-2022-0051 Page 4 Ln repair service; convenience storage, 2 restaurants and 2 conservation easement areas on 30 acres accessory use to a restaurant is prohibited; maximum building height is 40’ and 2 stories. Restrictive Covenant is for the TIA; IPM Plan, native and adapted plant materials, coal tar-based sealants, off- site conveyance of storm runoff, fencing along the west property line and operational restrictions for the automotive repair services user. (9-2-2004). RELATED CASES: The proposed rezoning area was covered by a zoning case that was approved for LR and GR zoning in February 1992 (C14-90-0053 – Cullen Center Bank). The rezoning area is a portion of Lot 1C-C, Block D, Resubdivision of Lot 1C, Block D, Replat of the Deerfield at Brodie Subdivision Section II, recorded on January 10, 2018 (C8- 2017-0159.0A). On Building 3, an administrative site plan for a single story building that would contain 5,000 square feet of retail sales (general), 1,050 square feet of retail sales (convenience), and 5,000 square feet of medical offices was approved on November 7, 2018, with two subsequent administrative corrections approved on August 14, 2020 and March 13, 2022 (SP-2017-0248C – Deerfield Lot 1C). Please refer to Exhibit B (Approved Site Plan). EXISTING STREET CHARACTERISTICS: ROW Pavement Classification Sidewalks Deer Lane 54 feet 22 feet Brodie Lane 87 feet 25 feet (divided) Local (Level 1) Arterial (Level 3) Davis Lane 106 feet 40 feet (divided) Arterial (Level 3) No Yes Yes Capital Metro (within ¼ mile) No No No Bike Route No Yes, Bike Lane Yes, Bike Lane Name B-44 of 11C14-2022-0051 Page 5 ADDITIONAL STAFF COMMENTS: Inclusive Planning 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 Connectivity and Education: Is located within 0.50 miles from a public school or store/farmers market. 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). 3 Total Number of “Yes’s” Environmental This site is located over the Edwards Aquifer Recharge Zone. The site is in the Williamson Creek Watershed of the Colorado River Basin, which is classified as a Barton Springs Zone Watershed by Chapter 25-8 of the City’s Land Development Code. It is in the Drinking Water Protection Zone. According to floodplain maps there is no floodplain within or adjacent to the project location. B-45 of 11 C14-2022-0051 Page 6 Impervious Cover Development of the property is subject to the Amended and Restated Compromise Settlement Agreement dated August 13, 1998. The amount of impervious cover on the approved site plan for Lot 1C is 90.44 percent. As information, the amount of impervious cover for all five lots covered by the site plan is 62.23 percent. PARD – Planning & Design Review Parkland dedication may be required for the new applicable uses proposed by this development, GR-CO zoning, at the time of subdivision or site plan. There are currently no parkland requirements for uses other than residential and hotel, per City Code § 25-1-601. Site Plan and Compatibility Standards 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 proximity of the SF-2 district to the northwest. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. Austin Transportation Department – Engineering Review 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. Water and 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. 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. B-46 of 11C14-2022-0051 Page 7 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 ATTACHMENTS TO FOLLOW: Exhibits A and A-1: Zoning Map and Aerial View Exhibit B: Approved Site Plan Applicant’s Correspondence B-47 of 11( ( ( ( ( ( ( ( ( ( ( ( ( I-RR ( SF-2 ( ( ( NA TRL ( VER O SF-2 ( C O R ( T I N A D R ( ( SF-2 ( ( ( ( ( ( 96-0160 ( ( ( ( ( ( ( SF-2 ( 96-0160 P SF-2 E V R E S E R T P S R A K/K R PA ( ( ( ( ( ( SF-2 96-0160 ( ( ( ( S A O C ( ( ( ( ( ( R TAL D ( ( ( SF-2 ( ( ( ( D E E R L N D E E R L N CITY PRESERVE I-RR ( UNDEV SF-2 C14-90-0053 ( ( SF-3 ( ( ( 03-0082 SP-04-0003C LR-CO C14-03-0082 90-053 APARTMENTS SF-2 C14-00-2251 UNDEV C14-95-0026 95-0026 00-2251 MF-1 C14-96-0052 96-0052 SP97-0155C MF-2-CO ( C14-90-0053 90-053 S NT E RTM APA SP-99-2140C SP97-0155C C14-90-0053 86-116 P C14-86-116 FIRE STATION C14-95-0025 95-0025 LR S P-02-0339 C GR 90-053 90-053 ! LR ! ! ! ! ! ! ! D ! E E ! ! UNDEV CS-1 ! C14-2017-0095 R L N ! ! ! ! GR UNDEVELOPED C814-04-0024.02 2009-0111 UNDEV C14-2009-0111 SP-2008-0205C 03-0157 GR-CO RETAIL MF-2-CO 95-0031 95-0031 85-280 C14-00-2251 00-2251 SP2007-0226CS GR-CO LANDSCAPING\COMPANY RR RADIO\TOWER SF-1 RR D AVIS L N SP-05-1721C SP-04-0696C PUD C814-04-0024 AUTO REPAIR N DIE L O R B C14-03-0157 SF-6-CO 03-0157 CONDOMINIUMS DR UNDEV LO 97-0156 ( ( SP07-0006C SIL K O A K D R LO ( ( ( ( V K C A K O SIL ( ( ( SF-2 ( ( ( ( ( RR ( SF-2 ( ( ZONING Exhibit A ZONING CASE#: C14-2022-0051 ± 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: 4/14/2022 B-48 of 11Exhibit A - 1 1C-C1C-B1C-A3141D1C1B11A1A1B11EC14-2022-0051PI-RRPUDGRMF-1LRGR-COGRLRGR-COSF-6-COMF-2-COCS-1SF-2DEER LNBRODIE LNDAVISLND16Copyright 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:C14-2022-00518916 1/2 Brodie Lane/3601 Davis Lane, Bldg 3.852 AcresD16WENDY RHOAD1'' = 100'CREEK BUFFERPENDING CASE!!!!!!ZONING BOUNDARYSUBJECT TRACT8916 1/2 Brodie Lane/3601 Davis Lane, Bldg 3B-49 of 11Exhibit B June 09, 2020Roverto Chapa, P.E.Austin Water Utility1CNo Change to Austin Water infrastructure.M.Lewis06/11/20201cB-410 of 11D i r e c t L i n e 5 1 2 . 2 2 5 . 1 7 0 4 • F a x 5 1 2 . 2 2 5 .1 7 1 4 DAVID HARTMAN PARTNER May 10, 2022 Via electronic submittal Ms. Rosie Truelove, Director Housing and Planning Department City of Austin 1000 E. 11th Street Austin, Texas 78702 Dear Ms. Truelove: Re: Rezoning Application for 0.852 acres located at 8916 1/2 Brodie Lane/3601 Davis Lane, Bldg 3, Austin, Texas, 78748 (the “Property”) We respectfully submit the enclosed rezoning application for 8916 1/2 Brodie Lane/3601 Davis Lane, Bldg 3, Austin, Texas, 78748 as representatives of the owner of the above stated Property. The 0.852 acre Property is comprised of one undeveloped lot that is part of 4.6 acres covered by site development permit #SP-2017-0248C approved for development of a mixed use retail and commercial project. The Property is currently zoned LR, and is not located within a Neighborhood Plan. The following zoning categories are located on property adjacent to the Property: PUD zoning to the south; GR and CS- 1 zoning to the east; LR, GR, and MF-2-CO zoning to the north; and P zoning to the west. The surrounding uses include commercial, convenience store, and multifamily. We are requesting GR-CO (Community Commercial – Conditional Overlay) rezoning for the Property, to authorize construction and use of the Property as an approximately 7,000 sq. ft. indoor swim instruction studio, which is classified as a Personal Improvement Services commercial use. Existing LR zoning district regulations restrict Personal Improvement Services use to a maximum 5,000 sq. ft. (LDC, Sec. 25-2-587 – Requirement for Certain Uses in a Neighborhood Commercial (LR) District). The GR- CO zoning application would authorize Personal Improvement Services/personal instruction area to exceed 5,000 sq. ft. The proposed Conditional Overlay (CO) would limit development of the Property to LR development standards for the following: maximum building coverage (50%), building mass/FAR (0.5:1), and height (40 feet or 3 stories). Therefore the foregoing site development standards under the proposed GR-CO zoning would remain identical to these same development standards for maximum building coverage, FAR, and height as under the current LR zoning. A Traffic Impact Analysis has been waived per the TIA Determination Worksheet dated 4-5-2022 from Justin Good, P.E., stating that a TIA is not required. If you have any questions about the rezoning application or need additional information, please do not hesitate to contact me. Thanks in advance for your assistance with this project. Very truly yours, David Hartman cc: Wendy Rhoades Zach Lyman B-411 of 11