20240604-003: C14-2024-0028 (11708 Pearce Lane) Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 2 TO: CS CASE: C14-2024-0028 – 11708 Pearce Lane LLC ADDRESS: 11708 Pearce Lane ZONING FROM: DR SITE AREA: 2.76 acres to be rezoned out of 10.97 acres PROPERTY OWNER: 11708 Pearce Lane LLC (Caleb Landes) AGENT: Kimley-Horn and Associates, Inc. (Jonathan Sosebee) CASE MANAGER: Nancy Estrada (512-974-7617, nancy.estrada@austintexas.gov) STAFF RECOMMEDATION: The Staff recommendation is to grant general commercial services (CS) district zoning. For a summary of the basis of Staff’s recommendation, see pages 2. PLANNING COMMISSION ACTION / RECOMMENDATION: June 4, 2024: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: None at this time. CASE MANAGER COMMENTS: The subject rezoning area is 2.76 acres and located at the northeast corner of State Highway 130 frontage lanes and Pearce Lane. The subject property is part of a 10.97 acre undeveloped tract that is partially in the City of Austin full-purpose jurisdiction and partially in the ETJ. The 2.76 acres that are in the full-purpose jurisdiction are currently zoned development reserve (DR) district zoning. There is undeveloped acreage directly to the east as well as a manufactured home park (GR- CO; MH-CO), single family residences on large lots to the south (County) and the northbound frontage lanes of SH 130 to the west. Please refer to Exhibits A (Zoning Map) and A-1 (Aerial Exhibit). C14-2024-0028 Page 2 The Applicant is requesting general commercial (CS) district zoning for the 2.76 acres located within the full-purpose jurisdiction in order to be able to develop a convenience store that includes a service station. Access is proposed from both the frontage of SH 130 and Pearce Lane. Access from SH 130 will be coordinated through TxDot. Access from Pearce Lane is within the jurisdiction of Travis County. Staff is recommending the Applicant's request for CS given its location at the intersection of a State Highway and an arterial roadway, and commercial zoning would enable the provision of goods and services to several single family residential neighborhoods in the vicinity. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The proposed general commercial services (CS) district zoning is intended for commercial or industrial uses that typically have operating characteristics or traffic service requirements generally incompatible with residential environments. 2. Zoning should promote the policy of locating retail and more intensive zoning near the intersections of arterial roadways or at the intersections of arterials and collectors. Staff is recommending (CS) district zoning for the subject property based on the following considerations: 1) general commercial services (CS) is appropriate due to its frontage on SH 130 and Pearce Lane and its location at an intersection of a major arterial street and collector, 2) commercial uses would be available to serve residents of the adjacent area, and 3) there is existing (GR) located immediately to the east of the property. EXISTING ZONING AND LAND USES: Site ZONING LO-CO-NP; SF-3-NP; SF-2-NP Undeveloped LAND USES North Austin ETJ South Austin ETJ East West Undeveloped; State Highway 130 Pearce Lane GR-CO; MH; MH-CO Undeveloped; Manufactured home park DR Undeveloped; State Highway 130 NEIGHBORHOOD PLANNING AREA: N/A WATERSHED: Onion Creek – Suburban CAPITOL VIEW CORRIDOR: No SCENIC ROADWAY: Yes – SH 130 C14-2024-0028 Page 3 WILDLAND URBAN INTERFACE: Yes – within 150 feet of a wildland area SCHOOLS: Del Valle Independent School District COMMUNITY REGISTRY LIST: Elroy Neighborhood Association Far Southeast Improvement Association Imperial Neighborhood Association Del Valle Independent School District Sierra Club, Austin Regional Group Neighborhood Empowerment Foundation Homeless Neighborhood Association AREA CASE HISTORIES: Austin Lost and Found Pets SELTexas Del Valle Community Coalition Onion Creek HOA Friends of Austin Neighborhoods NUMBER C14-2015-0127 – Lexington Park II REQUEST SF-4A; MF-3 to MH DR; SF-4A to GR for Tract 1; MF-3 for Tract 2 I-RR to MH C14-2008-0183.SH – Lexington Park C14-2007-0721 – 12400 Pearce Lane Deerwood Manufactured Home Park- COMMISSION To Grant (10/15/2015) MH w/ ROW dedication on Pearce Road To Grant (5/19/2009) GR-CO for Tract 1; MF-3 for Tract 2 w/ conditions of TIA To Grant (2/19/2008) MH-CO w/ CO for 2,000 trips and conditions of ROW on Pearce Lane & Ross Road CITY COUNCIL Apvd (12/17/2015) MH-CO w/ additional conditions Apvd (6/11/2009) GR-CO for Tract 1; MF-3 for Tract 2 w/ conditions of TIA as Commission recommended Apvd (4/24/2008) MH-CO w/ a Street deed for ROW on Pearce Lane & Ross Road as Commission recommended RELATED CASES: SP-2024-0067D – site plan for the ETJ portion of the tract currently under review for associated improvements for proposed new development. C14-2024-0028 Page 4 ADDITIONAL STAFF COMMENTS: Comprehensive Planning Project Name and Proposed Use: 11708 PEARCE LANE. C14-2024-0028. Project: 11708 Pearce Ln Commercial. 2.76 acres from DR to CS. Existing: undeveloped. Proposed: convenience store and fuel sales. Yes Imagine Austin Decision Guidelines Complete Community Measures * 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 *: 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. • A segment of Pearce Ln provides a limited section of public sidewalk with access to cross Texas 130 Service Road. Sidewalk does not extend down Pearce Ln to the South East. 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.) 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. 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. Y Not located over Edwards Aquifer Contributing Zone or Edwards Aquifer Recharge Zone 2 Number of “Yes’s” Drainage The developer is required to submit a pre- and post-development drainage analysis at the subdivision and site plan stage of the development process. The City’s Land Development Code and Drainage Criteria Manual require that the Applicant demonstrate through C14-2024-0028 Page 5 % of Gross Site Area with Transfers 60% engineering analysis that the proposed development will have no identifiable adverse impact on surrounding properties. Environmental The site is not located over the Edwards Aquifer Recharge Zone. The site is in the Onion Creek Watershed of the Colorado River Basin, which is classified as a Suburban Watershed by Chapter 25-8 of the City's Land Development Code. The site 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: Development Classification % of Gross Site Area 50% 60% 70% 90% 55% 60% 80% Single-Family (minimum lot size 5750 sq. ft.) Other Single-Family or Duplex Multifamily Commercial 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 Critical Water Quality Zone exists 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 information has been provided as to whether this property has any preexisting approvals that preempt current water quality or Code requirements. PARD – Planning & Design Review As of January 1, 2024, new commercial non-residential uses are not subject to parkland dedication requirements at the time of site plan and subdivision. Site Plan Site plans will be required for any new development other than single-family or duplex residential. C14-2024-0028 Page 6 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. There is a site plan currently under review for this property (SP-2024-0067D). Austin Transportation Department – Engineering Review The Austin Strategic Mobility Plan (ASMP) calls for 116 feet of right-of-way for Pearce Lane. It is recommended that 58 feet of right-of-way from the existing centerline should be dedicated for Pearce Lane according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. There is a proposed Urban Trail adjacent to this site, along the southern property boundary. An easement may be required. The adjacent street characteristics table is provided below: Name Existing ROW Existing Pavement Sidewalks Bicycle Route ASMP Classification ASMP Required ROW Pearce Lane Level 3 – Collector 116 feet – ETJ Roadway Approx 125 feet Approx 58 feet Along a portion Yes Capital Metro (within ¼ mile) Yes S SH 130 Service Rd Level 4 – Arterial TXDOT Roadway Approx 35 feet No Yes Yes TXDOT Roadway (coordinate with TxDOT) A Traffic Impact Analysis is not required. Austin Water Utility No comments on zoning change. The landowner intends to serve the site with existing City of Austin water utilities. 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. For more information pertaining to the Service Extension Request process and submittal requirements contact the Austin Water SER team at ser@austintexas.gov. C14-2024-0028 Page 7 Austin Fire Department No comments on zoning change. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: Exhibit A: Zoning Map Exhibit A-1: Aerial Map Applicant’s Summary Letter R S D S E N K A E R P W HIR L A W A Y D R R O D LIC PIM DR S S H 130 S B T O P E A R C E L N R A M P S S H 130 S V R D S B UNDEV S S H 1 30 S B PE A R C E LN T O S S H 130 N B R A M P S S H 1 30 S V R D N B ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! DR ! ! UNDEVELOPED R L D A E A R S A C P E A R C E L N A B R A M S D R 03-0135.SH D AIN P AT H R X D O R F E SILV GR-CO C14-2008-0183.SH C14-03-0135.SH MH-CO C14-2015-0127 YA N EZ D R C14-2008-0183.SH C H A R R O D R MH-CO MH C14-2007-0271 MH-CO A C I R T L A A R R T I E MH C14-97-0005 N A L M O A L L MH MH-CO MH-CO MH-CO N O L CIT E T N O M MH 97-0005 S S H 1 3 0 N B ( ( ( ( ( ( ( ( ( F O L E Y D R ( ( ( ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ZONING EXHIBIT A ZONING CASE#: C14-2024-0028 ( D S R S O R ( C14-02-0074 SF-4A 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 Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Created: 3/11/2024 EXHIBIT A-1 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(!(P14P15C14-2024-0028C14-03-0135.SHC14-2008-0183.SHC14-97-0005C14-2015-0127C14-2007-0271C14-02-0074SSH130NBPEARCELNSSH130SBSSH130SVRDNBSSH130SVRDSBCASAREALDRPIMLICODRFOLEYDRSILVERFOXDRPEARCELNTOSSH130NBRAMPDAINPATHYANEZDRCHARRODRTIERRAALTACIRROSSRDSSH130SBTOPEARCELNRAMPPREAKNESSDRABRAMSDRLA LOMALNMONTECITOLNWHIRLAWAYDRDRGR-COMHMH-CODRMH-COMHMHMHSF-4AMH-COMH-COMH-COMH-CO11708 Pearce Ln Commercial±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.CASE#:LOCATION:SUBJECT AREA:GRID:MANAGER:C14-2024-002811707 Pearce Ln2.76 AcresP14Nancy EstradaCreated: 4/16/2024SUBJECT TRACTZONING BOUNDARY!!!!!!PENDING CASECREEK BUFFER0200400600800100Feet Via Electronic Delivery Rezoning Application – 11708 Pearce Ln Commercial 11708 Pearce Ln, Austin, TX 78617, 2.76 acres, TCAD: 297531 (the “Property”) February 27, 2024 Ms. Lauren Middleton-Pratt Director, Planning Department City of Austin 1000 E 11th Street Austin, TX 78702 RE: Dear Ms. Middleton-Prat: On behalf of the Owner of the property referenced above, we respectfully submit the enclosed rezoning application. The subject property is comprised of 10.97 acres, with 2.76 acres located within the Full Purpose jurisdiction of the City of Austin. The Property is located within Council District 2 at the northeast corner of Pearce Ln and SH 130. The Property is not located in a Neighborhood Plan area; therefore, there is no future land use designated on the property. The Property is currently zoned Development Reserve (DR) and the proposed zoning is Commercial Services (CS). The Property is located at the corner of the intersection of Pearce Ln and a major highway, SH 130, where CS zoning will permit land uses that serve nearby residents as well as travelers along SH 130. The proposed use is for a convenience store and fuel sales. Thank you for your time and attention to this project. Please do not hesitate to contact me if you have any questions. Sincerely, Jonathan Sosebee, AICP 512 375 2028 jonathan.sosebee@kimley-horn.com kimley-horn.com 10814 Jollyville Rd, Bldg 4 Ste 200, Aust, TX 778759 512 418 1771 Page 2 Location Map Subject Property kimley-horn.com 10814 Jollyville Road, Campus IV, Suite 200, Austin, TX 78759 512 418 1771 Page 3 Jurisdiction Map Subject Property kimley-horn.com 10814 Jollyville Road, Campus IV, Suite 200, Austin, TX 78759 512 418 1771