Zoning and Platting CommissionMarch 5, 2024

2 C14-2023-0106 - LL Braker — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2023-0106 (LL Braker) DISTRICT: 4 ADDRESS: 11209 Metric Boulevard ZONING FROM: LI SITE AREA: 6.30 acres TO: LI-PDA PROPERTY OWNER: B9 SEQUOIA BRAKER OWNER LP by Link Logistics Real Estate Management LLC (Andrew Beck) AGENT: Jackson Walker LLP (Henry Gilmore) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMENDATION: Staff recommends LI-PDA, Limited Industrial-Planned Development Area Combining District, zoning. Per the applicant’s request, the PDA overlay will: 1) Permit Condominium Residential and Multifamily Residential uses, 2) Allow for a maximum FAR of 2:1, and 3) Prohibit the following uses: Adult Oriented Businesses, Automotive Repair, Automotive Washing (of any type), Automotive Sales, Bail Bond Services, Basic Industry, Club or Lodge, Drop Off Recycling Collection Facility, Equipment Repair Services, Equipment Sales, Funeral Services, General Warehousing and Distribution, Kennels, Monument Retail Sales, Outdoor Entertainment, Railroad Facilities, Recreational Equipment Maintenance & Storage, Recreational Equipment Sales, Resource Extraction, Recycling Centers, Service Station and Vehicle Storage. The staff recommends adding the following prohibited uses on the property as part of the PDA overlay: Agricultural Sales and Services, Building Maintenance Services, Exterminating Services and Outdoor Sports and Recreation. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: January 16, 2024: Postponed to January 30, 2024 at the staff and applicant’s request on consent (8-0, W. Floyd and A. Flores-absent); B. Greenberg-1st, D. Fouts-2nd. January 30, 2024: Postponed to March 5, 2024 at the neighborhood's request (8-0, H. Smith-absent); A. Flores-1st, D. Fouts-2nd. March 5, 2024 CITY COUNCIL ACTION: ORDINANCE NUMBER: C14-2023-0106 ISSUES: CASE MANAGER COMMENTS: 2 The property in question is a 6.30 acre lot that is part of an office/warehouse complex (Braker Center H) at the southeast corner of W. Braker Lane and Metric Boulevard. The site is currently zoned Limited Industrial and is surrounded by LI zoning and office/warehouse uses to the south and east. There is GR zoning across W. Braker Lane to the north that contains retail (Walgreen’s) and a restaurant (Wendy’s) uses. To the west, on the other side of Metric Boulevard, there is another office/warehouse development (Braker Center 5 & 8) that is zoned NBG-NMU-NP. There are existing single family residential developments (SF- 2, SF-3 zoning) further to the north and east off of Metric Boulevard and Braker Lane. In this case, applicant is requesting to add a Planned Development Area overlay to the existing LI base zoning to redevelop the property with approximately 495 multifamily residential units and to permit a 2:1 maximum FAR. The staff recommends LI-PDA, Limited Industrial-Planned Development Area, combining district zoning. The proposed PDA overlay will add the following permitted residential uses: Condominium Residential and Multifamily Residential uses on the site. In addition, the applicant is proposing to prohibit the following commercial and industrial uses: Adult Oriented Businesses, Automotive Repair, Automotive Washing (of any type), Automotive Sales, Bail Bond Services, Basic Industry, Club or Lodge, Drop Off Recycling Collection Facility, Equipment Repair Services, Equipment Sales, Funeral Services, General Warehousing and Distribution, Kennels, Monument Retail Sales, Outdoor Entertainment, Railroad Facilities, Recreational Equipment Maintenance & Storage, Recreational Equipment Sales, Resource Extraction, Recycling Centers, Service Station and Vehicle Storage (please see Applicant’s Request Letter - Exhibit C). The staff supports the applicant’s request for LI-PDA, Limited Industrial Services- Planned Development Area, combining district zoning because the property meets the intent of the zoning district. The tract under consideration is on a moderately sized site that is easily accessible as it is located at the southeast intersection of two arterial roadways, W. Braker Lane and Metric Boulevard. The NBG-NP zoning to the west, across Metric Boulevard, is zoned with the Neighborhood Mixed Use (NMU) subdistrict that permits Multifamily, Condominium and Townhouse residential uses as well as office, civic, commercial and low intensity industrial uses. Per the Industrial Study that was presented to the Commissions and City Council in 2020, the staff and the applicant discussed the need for maintaining an industrial base in city to provide for an availability of diverse job types. However, a majority of the units within this office/warehouse development are currently vacant. The applicant has stated that the industrial market in Austin has moved to other areas of the city (please see Applicant’s Request Letter - Exhibit C). Therefore, they are seeking to redevelop this property in a way that is consistent with the permitted conditions in the NBG-NMU-NP properties directly to the west, across Metric Boulevard. The City Council has indicated through current policy (resolutions and code amendments) that the areas in and adjacent to the North Burnet/Gateway Neighborhood Planning area should allow for more intensive zoning, development standards and mixed use. While the applicant has offered to restrict some uses on the property through the PDA overlay, the staff is recommending prohibiting the following additional intensive commercial C14-2023-0106 3 and industrial uses that would not be compatible with the proposed residential development on the site: Agricultural Sales and Services, Building Maintenance Services, Exterminating Services and Outdoor Sports and Recreation. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. Limited Industrial Service district is intended as an area primarily for commercial services and limited manufacturing uses, generally on moderately sized sites. Planned Development Area combining district is intended for combination with selected commercial and industrial base districts, in order to modify base district provisions as necessary to allow for appropriate industrial and commercial uses or to reflect the terms of a Planned Development Area agreement following annexation of properties subject to such an agreement. 2. Zoning should allow for reasonable use of the property. LI-PDA zoning would allow for a fair and reasonable use of the property because the proposed PDA overlay would make it possible for the applicant to develop additional residential units at the intersection of two arterial roadways, with access to public transportation (Capital Metro bus routes # 142 & 325 and bike lanes along Metric Boulevard). The proposed rezoning expands the number of units and housing opportunities in this area of the city in support of the goals in the Imagine Austin Comprehensive Plan and the Strategic Housing Blueprint. 3. The proposed zoning should be consistent with the goals and objectives of the City Council. The subject property is located along an Activity Corridor (Braker Lane Activity Corridor) and is within the boundaries of a Regional Center (North Burnet/Gateway Station) as defined in the Imagine Austin Growth Concept Map. These centers are and will be the retail, cultural, recreational, and entertainment destinations for Central Texas. These are the places where the greatest density of people and jobs and the tallest buildings in the region will be located. The densities, buildings heights, and overall character of a center will vary depending on location. C14-2023-0106 4 EXISTING ZONING AND LAND USES: ZONING LAND USES LI Site North GR South LI LI East NBG-NMU-NP West Office/Warehouse (Braker Center Building H) Retail Sales Convenience (Walgreen’s), Restaurant Limited (Wendy’s), U.S. Post Office Office/Warehouse (The Offices at Braker) Office/Warehouse (Braker Center Buildings E, F, D & C) Office/ Warehouse (Braker Center Buildings 5 & 8) NEIGHBORHOOD PLANNING AREA: N/A TIA: Not Required WATERSHED: Little Walnut Creek SCHOOLS: Pflugerville I.S.D. NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Friends of Austin Neighborhoods Go Austin Vamos Austin – North Homeless Neighborhood Association Neighborhood Empowerment Foundation, North Burnet/Gateway Neighborhood Plan Staff Liaison North Growth Corridor Alliance Pflugerville Independent School District Quail Hollow Neighborhood Association SELTexas Shoal Creek Conservancy Sierra Club, Austin Regional Group AREA CASE HISTORIES: NUMBER C14-2020-0128 (NBG Austin Energy Substation Rezoning: 2412 Kramer Lane) REQUEST NBG-TOD-NP to P COMMISSION 1/26/21: Approved staff's recommendation for P district zoning by consent (12-0); A. Azahar-1st; P. Seeger-2nd. CITY COUNCIL 2/04/21: The public hearing was conducted and a motion to close the public hearing and approve public (P) district zoning on Council Member Pool's motion, Council Member Tovo's second on an 11-0 vote. C14-2023-0106 C14-2019-0055 (Austin FC: 10414 McKalla Place and 10617 ½ Burnet Road) LI-NP, NBG-NP to LI-PDA-NP 5/14/19: To approve the staff’s recommendation of LI-PDA zoning, with added condition to approve TIA with the site plan process, if practical (Vote: 11-2, K. McGraw and P. Seeger-No); G. Anderson-1st, C. Kenny- 2nd. C14-2016-0136 (Broadmoor: 11501 Burnet Road) NBG-CMU-NP to NBG-TOD-NP 3/27/18: Approved staff’s recommendation of NBG-TOD- NP zoning, with conditions, by consent (12-0, P. Seeger-absent); G. Anderson-1st, J. Thompson- 2nd. 4/12/18: Approved NBG-TOD- NP zoning, with conditions, on 1st reading only (6-0, G. Casar- off dais, D. Garza, E. Troxclair, K. Tovo and S. Adler-absent); L. Pool-1st, P. Renteria-2nd 5 6/06/19: The public hearing was held and motion to close the public hearing and approve Ordinance 20190606-097 for limited industrial services- planned development area- neighborhood plan (LI-PDA- NP) combining district zoning was approved on Council Member Pool’s motion, Council Member Flannigan’s second on a 10-0 vote. Council Member Harper-Madison was absent. 6/28/18: Ordinance No. 20180628-088 for north burnet/gateway-transit oriented development-gateway zone- neighborhood plan (NBG-TOD- NP) combining district zoning, with conditions was approved on Council Member Troxclair’s motion, Council Member Garza’s second on an 11-0 vote. 8/28/14 : Approved NBG-CO- NP zoning, with conditions, on consent on all 3 readings (7-0); B. Spelman-1st, L. Morrison- 2nd. 11/10/11: Approved NBG- CMU-NP zoning with conditions on consent on 1st reading only (7-0); Spelman- 1st, M. Martinez-2nd. 12/08/11: Approved NBG- CMU-NP zoning, with conditions, on consent on 2nd/3rd readings (6-0); C. Riley-1st, S. Cole-2nd. NBG-TOD-NP to NBG-CMU-NP NBG-TOD to NBG-CMU C14-2014-0058 (Esperanza Crossing: 2800 Esperanza Crossing) C14-2011-0050 (Burnet-Kramer Rezoning: 11205 & 11301 Burnet Road) 8/12/14: Approved staff’s recommendation of NBG-CMU- CO-NP zoning, with conditions, on consent (8-0, B. Roark- absent); S. Oliver-1st, N. Zaragoza-2nd. 10/11/11: Approved the staff’s recommendation of NBG-CMU- NP zoning for Tract 2, with the TIA conditions, by consent (9-0); M. Dealey-1st, D. Chimenti-2nd. C14-2023-0106 6 C14-2010-0087 (The Domain Rezoning-Simon) MI-PDA to MI-PDA 8/24/10: Approved staff’s recommendation of MI-PDA zoning (8-1, Chimenti-No), with the following additional conditions: 1) Require the applicant to provide bicycle access for a portion Bicycle Route Segment #905.04 (Please see Public Works Department Memorandum – “Attachment B”) to allow for continuity for bicycle traffic to and through the Domain development. 2) Require a public restrictive covenant that will limit one acre of land on the Endeavor- Domain site to zero percent impervious cover to be signed and recorded before the 3rd reading of this zoning case at City Council. 8/26/10: The public hearing will remain open and the first reading of the case was approved for MI-PDA zoning (7-0); Morrison-1st, Spelman- 2nd, with the following additional conditions: 1) The applicant is to provide bicycle access for a portion of Bicycle Route Segment #905.04 to allow for continuity for bicycle traffic to and through the Domain development. 2) A public restrictive covenant that will limit one acre of land on the Endeavor- Domain site to zero percent impervious cover will be signed and recorded before the third reading of this zoning case. 10/14/10: Approved MI-PDA zoning on2nd/3rd readings (7- 0); Spelman-1st, Leffingwell- 2nd, with the following amendments: 1) Part 3, C, 1 of the ordinance should read: “A pedestrian/bicycle entrance shall be provided between the existing pedestrian/bicycle trail under Mopac Expressway and the Simon Project internal drive as shown on the attached Exhibit B. A minimum 12-foot wide paved path shall be constructed with an associated curb cut connecting to the internal drive prior to issuance of a certificate of occupancy for a building on Lot 5A, Block A, the Domain Shopping Center Section 3 Subdivision.”; 2) Add a new paragraph to Part 3, Section D to read: “The two trees on the property numbered 5068 and 5081 as shown on Exhibit D may not be removed, unless the City Arborist approved otherwise based on the health of the individual trees.”; 3) The fourth WHERAS C14-2023-0106 7 of the restrictive covenant should read: “WHEREAS, the requirements of the Land Development Code for both the Endeavor Tract and the Simon Tract allow for a combined maximum of eighty percent(80%) net site area impervious cover resulting in a total allowable impervious cover area of 135.36 acres for the Endeavor Tract and 40.54 for the Simon Tract. 10/16/08: Approved NBG-NP or NBG-H-NP (7-0); 1st reading 3/12/09: Approved NBG-NP or NBG-H-NP (6-0); 2nd/3rd readings 10/18/07: Approved 1st reading of Phase 1 of NP (6-0) 11/01/07: Approved Phase 1 of NP zonings (5-0); 2nd/3rd readings 11/01/07: Approved MI-PDA zoning on consent (6-0); all 3 readings C14-2008-0182 (North Burnet /Gateway NP Rezoning: Metric Boulevard) Add NP designation to existing zoning 9/09/08: Approved rezoning of certain tracts to NBG-NP or NBG-H-NP, with conditions (8-0) 9/25/07: Approved staff rec. with amendments (8-0) MI-PDA to MI-PDA 10/09/07: Approved staff rec. of MI-PDA by consent (9-0) C14-2007-0157 (North Burnet /Gateway Neighborhood Plan Rezoning) C14-2007-0171 (The Domain: 10700-11000 Burnet Road, 11100-11900 Burnet Road, 2800 Block of Braker Lane, 3300 W. Braker Lane) C14-06-0154 (The Domain: 11400 Burnet Road) C14-06-0121 (The Domain RCA: 10712, 10728, 10800, 11000, 11500, 11600 Burnet Road; 11601 MI-PDA to MI- PDA 8/08/06: Approved staff rec. of MI-PDA by consent (8-0) 09/28/06: Approved MI-PDA (7-0); 1st reading MI-PDA to MI- PDA 2/13/07: Approved staff’s rec. for MI-PDA zoning with additional conditions of: • 2 star Green Building rating 10/05/06: Approved MI-PDA changes as a condition of zoning (6-0); 2nd/3rd readings 3/01/07: Approved MI-PDA zoning with the addition of low albedo roofing materials, one star construction for the total site and two star construction for 50% of the office and residential construction (7-0); C14-2023-0106 Domain Drive; 2900, 3001, 3101 Esperanza Crossing) 8 McCracken-1st, Dunkerley- 2nd. • • • • natural landscaping of all water ponds quality (existing and future); be in compliance with TIA conditions; the applicant’s requested parkland dedication proposal; height base of 140-ft; plus an additional 12-stories to based on electing provide the some of public benefits as listed in North the Burnet/Gateway Neighborhood Plan. • Maximum height of 308 feet. Vote: (9-0); J.Reddy-1st, G. Stegeman-2nd. 11/23/04: Approved staff recommendation of MI-PDA, with Environmental Board conditions (9-0). 11/9/04: Approved staff’s recommendation of CH zoning with conditions (9-0) C14-04-0151 (The Domain: 11400 Burnet Road) C14-04-0146 (The Shops at Arbor Walk: 10515 North Mopac Expressway) C14-03-0017 (The Domain- 200.286 acres: 11400 Burnet Road) C14-03-0016 (Multek: 3300 West Braker Lane) C14-03-0015 (The Domain- 0.783 acres: 11400 Burnet Road) C14-02-0062 (11005 Burnet Road) MI-PDA to MI- PDA P to CH 12/16/04: Approved MI-PDA (7-0); all 3 readings 12/2/04: Approved CH zoning (7-0); all 3 readings MI-PDA to MI-PDA MI to MI-PDA 6/11/03: Approved staff’s recommendation of MI-PDA zoning, with inclusion of original PDA conditions (as read into the record) from Ordinance #000608- 67 (8-0, R. Pratt-off dais) 6/11/03: Approved staff's recommendation of MI-PDA zoning (8-0, R. Pratt-off dais) 7/31/03: Granted MI-PDA on all 3 readings (7-0) 7/31/03: Granted MI-PDA on all 3 readings (7-0) MI to CS 6/11/03: Approved staff's recommendation of CS-CO zoning (8-0, R. Pratt-off dais) 7/31/03: Granted CS-CO on all 3 readings LI to CS-1 6/12/02: Approved CS-1 by consent (8-0) 7/11/02: Approved PC rec. of CS-1 (7-0); all 3 readings C14-2023-0106 9 LI-PDA to LI-PDA 10/24/00: Approved staff rec. of LI-PDA (TR1), LI-PDA-H (TR2) by consent (9-0) 11/30/00: Approved LI-PDA (TR1) and LI-PDA-H (TR2); (7-0); all 3 readings MI to MI-PDA 6/8/00: Approved MI-PDA, with changes agreed to with neighborhood association (7-0); all 3 readings C14H-00-2177 (Braker Pointe/ Rogers Homestead: 10801 N. MOPAC NB Expressway C14-00-2065 (Austin Tech Park: 11400 Burnet Road) The total number of That minimum lot size be 5/9/00: Approved staff rec. of MI- PDA by consent (8-0); with the following conditions: 1) 1 acre provided for any lots that directly abut Braker Lane and Burnet Road (but not both) and which are less than 3 acres in size. 2) additional curb cuts on Braker Lane & Burnet Road providing access to such lots shall not exceed 50 % of the total number of such lots. 3) The foregoing limitation shall not apply to any lot of more than 3 acres, which abut Braker Lane and Burnet Road. 4/20/99: Approved staff alternate rec. of GR-CO, with CO for 2,200 vehicle trip limit, by consent (7-0) MI to GR C14-99-0024 (Woodfin Suite Hotel: 2618 Kramer Lane) RELATED CASES: C8S-84-182 – Subdivision Case 5/20/99: Approved PC rec. of GR-CO w/ conditions (7-0); 1st reading 6/3/99: Approved GR-CO w/ conditions (7-0); 2nd/3rd readings C14-2023-0106 10 OTHER STAFF COMMENTS: Comprehensive Planning Project Name and Proposed Use: 11209 METRIC BLVD. C14-2023-0106. 6.30 acres from LI to LI-PDA. Replace the existing one story 85,000 sq ft one story building with a five story 495 unit Multifamily Residential development with structured parking and approximately 5,000 square feet of complementary one story neighborhood retail. Sept 14, 2023 Imagine Austin Decision Guidelines Complete Community Measures Yes Y station. Imagine Austin Growth Concept Map: Located within or adjacent to an Imagine Austin Activity Center, Imagine Austin Activity Corridor, or Imagine Austin Job Center as identified the Growth Concept Map. Names of Activity Centers/Activity Corridors/Job Centers: North Burnet/Gateway Station Regional Center and Braker Lane Activity Corridor Y Mobility and Public Transit: Located within 0.25 miles of public transit stop and/or light rail 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. Connectivity and Education: Located within 0.50 miles from a public school or university. Connectivity and Healthy Living: Provides or is located within 0.50 miles from a recreation area, park 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, and/or specialized outpatient care.) Y 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. Housing Affordability: Provides a minimum of 10% of units for workforce housing (80% MFI or less) and/or fee in lieu for affordable housing. Y Mixed use: Provides a mix of residential and non-industrial uses. Culture and Creative Economy: Provides or is located within 0.50 miles of a cultural resource (ex: library, theater, museum, cultural center). Culture and Historic Preservation: Preserves or enhances a historically and/or culturally significant site. Creative Economy: Expands Austin’s creative economy (ex: live music venue, art studio, film, digital, theater.) Workforce Development, the Economy and Education: Expands the economic base by creating permanent jobs, especially in industries that are currently not represented in a particular area or that promotes a new technology, and/or promotes educational opportunities and workforce development training. Industrial Land: Preserves or enhances industrial land. 6 Total Number of “Yes’s” C14-2023-0106 Environmental 11 The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Little Walnut Creek Watershed of the Colorado River Basin, which is classified as an Urban Watershed by Chapter 25-8 of the City's Land Development Code. It is in the Desired Development Zone. Zoning district impervious cover limits apply in the Urban Watershed classification. 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. This site is required to provide on-site water quality controls (or payment in lieu of) for all development and/or redevelopment when 8,000 sq. ft. cumulative is exceeded, and on site control for the two-year storm. 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 the new applicable uses proposed by this development, mixed-use residential with LI-PDA 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. Should fees in-lieu be required, those fees shall be used toward park investments in the form of land 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. Site Plan Site plans will be required for any new development other than single-family or duplex residential. C14-2023-0106 12 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. Transportation The Austin Strategic Mobility Plan (ASMP) calls for 154 feet of right-of-way for Braker Lane. It is recommended that 77 feet of right-of-way from the centerline should be dedicated according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. The Austin Strategic Mobility Plan (ASMP) calls for 116 feet of right-of-way for Metric Boulevard. It is recommended that 58 feet of right-of-way from the centerline should be dedicated according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. A transportation assessment/traffic Impact analysis shall be required at the time of site plan if triggered, when land uses and intensities will be known per LDC 25-6-113 and TCM 10.2.1. The adjacent street characteristics table is provided below: Name ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route Cap Metro (within ¼ mile) Metric Boulevard Level 3 116 Feet 94 Feet 72 Feet Yes Yes Braker Lane Level 4 154 Feet 124 Feet 78 Feet None Yes Yes Yes Water Utility No comments on zoning change. FYI: The landowner intends to serve the site with existing City of Austin water utilities. Based on current public infrastructure configurations, it appears that service extension requests (SER) will be required to provide service to this lot. For more information pertaining to the Service Extension Request process and submittal requirements contact the Austin Water SER team at ser@austintexas.gov. C14-2023-0106 13 INDEX OF EXHIBITS TO FOLLOW A: Zoning Map B. Aerial Map C. Applicant’s Request Letter D. Comments Received P C14-2020-0128 C14-2007-0157 84-390 SP86-020 84-087 NBG-NP C14-2008-0182 NBG-NP C14-2008-0182 S T O N E H O LL O W D R SP89-0092A OFFICE/WHSE. OFFICE/WAREHOUSE SP-93-0163C RZ85-062 SP85-066 INDUSTRIAL PARK 85 -1 4 9 OFFICE/WAREHOUSE 84-087 NBG-NP C14-2008-0182 SP97-0199C SP97-0199C 84-087 W B R A K E R L N ! ! ! D LV RIC B ! ! T E M ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! R E T N E R C E K A R B ! ! ! ! 83-191RC ! ! ! ! ! ! ! ! ! ! ! ! LI SP93-0163C OFFICES 78-216 OFFICES R O C O. O FIN G VACANT BLDG. K R A M E R LN NBG-NP C14-2008-0182 OFFICES D O NLE Y D R FINANCE OFFICE SP87-033 SP95-0235C NBG-NP C14-2008-0182 P83-37 SP-06-0792CS EL E C T RIC M A C C O. HIN E V A C A N T 01-0037 SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ± LI-NP C14-01-0037 01-0037 SP97-0392C 79-26 ZONING ZONING CASE#: C14-2023-0106 ( ( ( ( PUD ( ( ( ( ( PUD ( HEATHERGLEN LN ( ( ( ( ( ( ( MF-3-CO EXHIBIT A ( GOLD WING DR ( PUD ( ( ( ( ( ( ( ( ( (( ( Y ( D WA W FIEL ( ( ( ( ( O TALL ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( O D PL ( O ( ( ( ( ( ( ( ( ( FR UIT W ( ( ( ( ( ( ( ( ( ( PUD ( ( G ( OLDEN PHEASANT DR ( ( ( ( ( SF-3 DUPLEXES ( ( ( ( ( ( ( ( ( ( ( ( ( PTAR ( MIGAN DR ( ( ( ( ( ( ( ( ( ( ( PUD ( SF-2 ( ( ( SF-2 ( ( ( UNDEV SP-2007-0447C 90-0083 MF-3-CO APARTMENTS V E D N U ( SF-3 T CIR ( N A S A E H N P W O ( R B ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SP-05-1427C UNDEV SP-99-0061C GR ( ( SF-3 ( ( ( ( S E ( X LE P U ( D ( ( ( V N C A MIG R PTA ( ( ( ( ( ( ( ( SF-3 ( ( ( ( ( = ( ( R N D A ( ( MIG R A T P ( ( ( ( ( ( SF-3 ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( ( ( ( SF-2 ( ( T A P P A ( N L N ( ( R ( ( W D O L L O T H E K RIC C ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( R D D O O W E L P P A ( ( ( SF-2 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2 ( SF-3 ( ( ( ( ( ( AIRIE D R P ( ( E CIR V O ( ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3 ( ( ( ( ( ( ( MF-2-NP R E D HIR S N A L = = SF-3-NP = MF-2-NP = = SF-3-NP = = ( ( ( ( MF-2-NP ( SF-2 ( 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: 9/19/2023 EXHIBIT B !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!=!=!=!=!=!=!=!=L33L32K33K32C14-2023-0106C14-2008-0182C14-2008-0182C14-01-0037C14-2008-0182C14-2008-0182C14-2008-0182C14-2020-0128KRAMERLNMETRICBLVDPTARMIGANDRDONLEYDRWBRAKERLNPRAIRIEDOVECIRSTONEHOLLOWDRCRICKETHOLLOWDRTALLOWFIELDWAYGOLDWINGDRGOLDENPHEASANTDRAPPLEWOODDRFRUITWOODPLTAPPANLNLANSHIREDRPTARMIGANCVHEATHERGLENLNBROWNPHEASANTCIRPTARMIGANDRLINBG-NPGRNBG-NPLI-NPPSF-3PUDSF-3NBG-NPSF-3NBG-NPSF-2PUDSF-3MF-3-COSF-2NBG-NPSF-3SF-3SF-2SF-2MF-3-COPUDPUDPUDMF-2-NPSF-3SF-3-NPMF-2-NPSF-2SF-3-NPSF-2MF-2-NPSF-2SF-3Braker H 11209 Metric Blvd±This product has been produced by the Planning Department for the sole purpose of geographic reference. No warrantyis made by the City of Austin regarding specific accuracy or completeness.ZONING CASE#:LOCATION:SUBJECT AREA:GRID:MANAGER:C14-2023-010611209 Metric Blvd6.3 AcresL33Sherri SirwaitisCreated: 10/31/2023SUBJECT TRACTZONING BOUNDARY!!!!!!PENDING CASECREEK BUFFER0200400600800100Feet EXHIBIT C 11209 METRIC BLVD/LI-PDA COMBINING DISTRICT REQUESTED MODIFICATIONS (1) Modify Permitted Uses within the LI, Limited Industrial base district to add the following as Permitted Uses: (a) Multifamily Residential (b) Condominium Residential (2) Modify Section 25-2-492 (Site Development Regulations) to permit a maximum floor to area ratio of 2.0 to 1. Henry Gilmore (512) 236-2342 (Direct Dial) (512) 236-2002 (Direct Fax) hgilmore@jw.com January 31, 2024 Via: Sherri.Sirwaitis@austintexas.gov City of Austin Planning and Zoning Department Attn: Sherri Sirwaitis 1000 East 11th Street Austin, Texas 78702 Re: Dear Sherri, C14-2023-0106 (11209 Metric Blvd.): Revised Zoning Request The Applicant hereby revises its rezoning request in the above referenced case to add 8 additional prohibited uses to the list of prohibited uses. The 8 additional prohibited uses are underlined below. Also, the Applicant has deleted the “Stockyards” prohibited use previously proposed since that use is no longer permitted in Limited Industrial (“LI”) districts. 11209 METRIC BLVD/LI-PDA COMBINING DISTRICT REQUESTED MODIFICATIONS (1) Modify Permitted Uses within the LI, Limited Industrial base district to add the following (2) Modify Authorized Uses within the LI, Limited Industrial base district to prohibit the as Permitted Uses: (a) Multifamily Residential (b) Condominium Residential following Uses: (a) Adult Oriented Businesses (b) Automotive Repair (c) Automotive Washing (of any type) (d) Automotive Sales (e) Bail Bond Services (f) Basic Industry (g) Club or Lodge J W | A U S T I N 100 Congress Avenue, Suite 1100 • Austin, Texas 78701 | www.jw.com | Member of GLOBALAW™ (h) Drop Off Recycling Collection Facility (i) Equipment Repair Services (j) Equipment Sales (k) Funeral Services (l) General Warehousing and Distribution (m) Kennels (n) Monument Retail Sales (o) Outdoor Entertainment (p) Recreational Equipment Maintenance & Storage (q) Recreational Equipment Sales (r) Railroad Facilities (k) Resource Extraction (l) Recycling Centers (m) Service Station (n) Vehicle Storage (3) Modify Section 25-2-492 (Site Development Regulations) to permit a maximum floor to area ratio of 2.0 to 1. With respect to additional reasoning for the rezoning, we would point out that the industrial market in Austin has largely shifted to areas around Bergstrom Airport, State Highway 130, Hwy 183 and North I-35, as evidenced by the attached Industrial Zoning District Cases map from the City’s March 2020 Analysis of Industrial Land Use and Zoning in Austin, Texas. The map shows the vast majority of rezoning of land to industrial zoning is occurring in these areas rather than in the North Burnet Gateway area. This is because: (1) these locations can readily meet the scale and size of industrial tracts demanded by tenants in today’s industrial market; (2) these locations have easy access to State and Interstate Highways; and (3) these locations are near large manufacturers such as Tesla, Samsung, and others and suppliers to such manufacturers typically choose to locate nearby. 2 Please don’t hesitate to contact me with any questions. Sincerely, Henry Gilmore Agent for Applicant cc: Andrew Beck (via email) 3 (cid:44)(cid:81)(cid:71)(cid:88)(cid:86)(cid:87)(cid:85)(cid:76)(cid:68)(cid:79)(cid:3)(cid:61)(cid:82)(cid:81)(cid:76)(cid:81)(cid:74)(cid:3)(cid:39)(cid:76)(cid:86)(cid:87)(cid:85)(cid:76)(cid:70)(cid:87)(cid:3)(cid:38)(cid:68)(cid:86)(cid:72)(cid:86) Industrial Zoning District Cases FROM INDUSTRIAL TO OTHER FROM OTHER TO INDUSTRIAL (cid:38)(cid:76)(cid:87)(cid:92)(cid:3)(cid:82)(cid:73)(cid:3)(cid:36)(cid:88)(cid:86)(cid:87)(cid:76)(cid:81) (cid:44)(cid:81)(cid:71)(cid:88)(cid:86)(cid:87)(cid:85)(cid:76)(cid:68)(cid:79)(cid:3)(cid:61)(cid:82)(cid:81)(cid:76)(cid:81)(cid:74) (cid:51)(cid:85)(cid:82)(cid:83)(cid:72)(cid:85)(cid:87)(cid:92)(cid:3)(cid:54)(cid:87)(cid:88)(cid:71)(cid:92) (cid:19) (cid:20)(cid:17)(cid:21)(cid:24) (cid:21)(cid:17)(cid:24) (cid:24) (cid:48)(cid:76)(cid:79)(cid:72)(cid:86) (cid:22)(cid:21) EXHIBIT D Isabelle Encela Sirwaitis, Sherri Concerns Regarding the Braker H 11209 Metric Blvd Rezoning Application (Case Number C14-2023-0106) Monday, January 8, 2024 1:15:43 PM From: To: Subject: Date: Y External Email - Exercise Caution Dear Sherri Sirwaitis, I hope this email finds you well. I am writing to express my concerns regarding the proposed rezoning application for the development at 11209 Metric Blvd. As a resident of the neighborhood, I believe it is crucial to address certain aspects of the application that are of great importance to our community. Firstly, I would like to emphasize the need for affordable housing in our neighborhood. The lack of affordable housing options has resulted in many long-time residents being priced out and forced to move further away from the town they call home. I strongly believe that any new development should include provisions for affordable housing to ensure the diversity and stability of our community. Furthermore, the proposed development does not seem to address the pressing issue of traffic congestion and transportation improvements. Our neighborhood already experiences significant congestion at the nearby intersections (Metric/Kramer & Metric/Braker), and the addition of more vehicles from the new development would only exacerbate this problem. It is crucial that any rezoning application includes requirements for traffic and transportation enhancements to alleviate the strain on our neighborhood's infrastructure. Another concern I have is the preservation of the existing heritage trees. These trees are not only a symbol of Austin but also provide our neighborhood with its only walkable 'green space.' It would be a disservice to our environment to even consider removing these trees and a detriment to our community if the development does not include provisions for the maintenance and preservation of these trees. Lastly, I strongly believe that any new development should incorporate mixed-use elements, including retail spaces that can be enjoyed by both existing and new residents. This would foster a sense of community and allow for the blending and integration of different generations within our neighborhood. In conclusion, unless the rezoning application addresses the aforementioned concerns, I cannot support the proposed development. It is crucial that the development includes affordable housing, requirements for traffic and transportation improvements, the maintenance of existing heritage trees, and provisions for mixed-use development. These requirements are essential for the well-being and sustainability of our neighborhood and its residents. Thank you for your attention to this matter. I trust that you will carefully consider the concerns raised by the community before making any decisions regarding the rezoning application. Sincerely, Isabelle Encela 11301 Ptarmigan Dr, Austin, TX 78758 Lead Designer • AthenaHealth she/her/hers 718.619.3170 CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. 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