02 C14-2024-0108 - Indian Hills FM 973; District 1 Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 1 TO: GR-MU-CO (as amended) CASE: C14-2024-0108 (Indian Hills FM 973) ADDRESS: 11900 Decker Lake Road ZONING FROM: LI-CO & MF-3 SITE AREA: .908 acres (39,552.48 sq. ft.) PROPERTY OWNER: Club Deal 116 Indian Hills TX LP (Douglas Gilliland) AGENT: Metcalfe Wolf Stuart & Williams, LLP (Michele Rogerson Lynch) CASE MANAGER: Beverly Villela (512-978-0740, Beverly.Villela@austintexas.gov) STAFF RECOMMENDATION: Staff recommends GR-MU-CO, Community Commercial-Mixed Use-Conditional Overlay Combining District. See the Basis of Recommendation section below. The Conditional Overlay will: 1. Prohibit the following uses: Alternative Financial Services, Automotive Rentals, Automotive Repair Services, Automotive Sales, Drop-Off Recycling Collection Facility, Pawn Shop Services, Exterminating Services, Funeral Services, and Vehicle Storage ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: September 17, 2024: CITY COUNCIL ACTION: TBD ORDINANCE NUMBER: ISSUES: N/A CASE MANAGER COMMENTS: The property in question spans approximately .908 acres and is currently developed with a telecommunication tower. It is situated between Decker Lake Road (a street level 3) and N FM 973 Road (a street level 4) and is currently zoned as (LI-CO) and (MF-3). The surrounding area includes undeveloped (MF-3, DR, and P) zoned lots to the north, undeveloped, business offices, and light manufacturing (LI-CO) zoned lots to the south, C14-2024-0108 Page 2 undeveloped (MF-3) zoned lot to the east and undeveloped zoned (P) lot to the west. Please refer to Exhibits A (Zoning Map) and A-1 (Aerial View) for more details. The applicant originally requested CS-MU-CO (General Commercial Services- Mixed Use- Conditional Overlay Combining district) and after discussion with staff has amended the request to a zoning change to GR-MU-CO (Community Commercial-Mixed Use-Conditional Overlay Combining district) to accommodate a telecommunication tower and a shared driveway between a proposed multifamily, commercial, and industrial uses as indicated in their summary letter and email confirmation. Staff recommends GR-MU-CO, Community Commercial-Mixed Use-Conditional Overlay Combining district zoning. This proposed zoning is compatible with the surrounding land uses and will allow for shared use of the driveway. The applicant is in agreement 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 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 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. Conditional Overlay 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 promote a transition between adjacent and nearby zoning districts, land uses, and development intensities. The applicant is requesting a rezoning of the property to permit the shared use of a driveway between commercial, multifamily, and industrial uses. This zoning change will facilitate a smoother transition between the various zoning districts, land uses, and development intensities on the site. C14-2024-0108 Page 3 EXISTING ZONING AND LAND USES: ZONING LI-CO and MF-3 Site North MF-3, DR, P South LI-CO East MF-3 West P LAND USES Undeveloped and Telecommunication Tower Undeveloped Undeveloped, Business Offices and Light Manufacturing Undeveloped Undeveloped NEIGHBORHOOD PLANNING AREA: N/A WATERSHED: Decker Creek – Suburban CAPITOL VIEW CORRIDOR: N/A SCHOOLS: Del Valle Independent School District Gilbert Elementary School COMMUNITY REGISTRY LIST: Austin Lost and Found Pets, Austin Neighborhoods Council City of Manor, Colony Park/Lakeside Community Development Corp, Del Valle Community Coalition, Del Valle Independent School District, Friends of Austin Neighborhoods, AREA CASE HISTORIES: NUMBER C14-2023-0002 REQUEST LI-CO to LI-CO to modify CO condition SCENIC ROADWAY: N/A Dailey Middle School Del Valle High School Friends of Northeast Austin, Homeless Neighborhood Association, Imperial Neighborhood Association, Neighborhood Empowerment Foundation, SELTexas, Sierra Club, Austin Regional Group COMMISSION To Grant Staff’s Recommendation of LI-CO to modify CO condition (05/02/2023) CITY COUNCIL Approved LI-CO to modify CO condition as Planning Commission recommended (06/08/2023) RELATED CASES: Ordinance No. 20100826-065 established permanent zoning, rezoning and changing the zoning map from unzoned, development Reserve (DR) district, and Public (P) district to multifamily residence medium density (MF-3) district for tract one and limited industrial service-conditional overlay (LI-CO) combining district for tract two as described in File C14- 2009-0089. C14-2024-0108 Page 4 ADDITIONAL STAFF COMMENTS: Comprehensive Planning: Project Name and Proposed Use: C14-2024-0108. 11900 DECKER LAKE ROAD. Project: Indian Hills FM 973. 0.908 acres from LI-CO, MF-3 to CS-MU-CO. Existing: undeveloped and telecommunication tower. Proposed: shared driveway and telecommunication tower. Proposed shared driveway will be between independently proposed multifamily, commercial and industrial uses. Yes Y 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 *: • Adjacent to Loyola Lane Activity 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. • Sidewalk and bike lane present along Decker Lake Rd 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 *: 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 store/farmers market. 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. film, digital, theater.) Creative Economy: Expands Austin’s creative economy (ex: live music venue, art studio, Workforce Development, the Economy and Education: Expands the economic base by creating permanent jobs, especially in industries that are currently not represented in a C14-2024-0108 Page 5 particular area or that promotes a new technology, and/or promotes educational opportunities and workforce development training. Industrial Land: Preserves or enhances industrial land. 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 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 Decker 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 % of Gross Site Area Single-Family (minimum lot size 5750 sq. ft.) Other Single-Family or Duplex Multifamily Commercial 50% 55% 60% 80% with Transfers 60% 60% 70% 90% 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. C14-2024-0108 Page 6 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 on zoning change. PARD – Planning & Design Review 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. 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. FYI, this site is adjacent to and impacted by the Scenic Roadways overlay. FYI, this site is within the Wildland Urban Interface overlay. Austin Transportation and Public Works Department – Engineering Review The traffic impact analysis has been waived for the following reason: this rezoning case pertains solely to rezoning a LI-CO driveway to a CS-MU-CO driveway to allow shared driveway use with the MF-3 site to the north. The determination does not consider either the permitted MF land use or the proposed land use on the LI-CO lot. Another TIA determination worksheet may be required if this assumption changes. FYI: The Austin Strategic Mobility Plan (ASMP) calls for 120 feet of right-of-way for N FM 973 RD. Please coordinate with TxDOT to determine whether additional right-of-way dedication is required. [LDC 25-6-51 and 25-6-55]. There is a proposed Urban Trail adjacent to this site, along the eastern/southern property boundary (Walter E Long Park Trail). The easement required is a minimum of 20 ft as this  C14-2024-0108 Page 7 allows for a 12 ft trail (minimum trail width per the urban trails plan) and room for maintenance activity. This is the same for Tier I and Tier II trails. The adjacent street characteristics table is provided below: Name ASMP Classification Existing ROW Existing Pavement Sidewalks Bicycle Route ASMP Required ROW N FM 973 RD Regional Mobility - Level 4 120 feet 101 feet 41 feet No Capital Metro (within ¼ mile) No Shared lane (on- street) TIA: The traffic impact analysis for this site is not required, the traffic generated by the proposal does not exceed the thresholds established in the City of Austin Land Development Code. [LDC 25-6-113]. Austin 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. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: Exhibit A: Zoning Map Exhibit A-1: Aerial Map Exhibit B: (Initial) Applicant’s Summary Letter Exhibit C: Revised Applicant Proposed Zoning and CO Email UNZ CITY OF AUSTIN D E C K E R C R E E K V10330/P303 P DR CITY OF AUSTIN P CITY OF AUSTIN D 3 R 7 M 9 N F V10816/P2111 D E C K E R LA K E R O A D CITY OF AUSTIN P 73 F M 9 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! LI-CO MF-3 V10330/P303 V10773/P497 C14-2009-0089 V822/P373 V4366/P1148 D E C K E R L A K E R D L R E T K U N L UIN Q C14-2023-0002 LI-CO B D S R V H 130 S N S ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ZONING ZONING CASE#: C14-2024-0108 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: 9/4/2024 CITY OF AUSTIN D E C K E R C R E E K V10330/P303 P DR CITY OF AUSTIN UNZ V10816/P2111 D E C K E R LA K E R O A D CITY OF AUSTIN P V822/P373 V4366/P1148 P CITY OF AUSTIN 73 F M 9 ! ! ! ! ! ! ! ! !C14-2024-0108 ! ! ! D 3 R 7 M 9 N F ! ! ! ! ! ! ! ! ! ! ! ! !! LI-CO MF-3 V10330/P303 V10773/P497 C14-2009-0089 D E C K E R L A K E R D LI-CO L R E T K U N L UIN Q C14-2023-0002 B D S R V H 130 S N S ± 1 " = 400 ' Indian Hills FM 973 SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER ZONING CASE#: LOCATION: SUBJECT AREA: MANAGER: C14-2024-0108 NE Intersection of Decker Lake Rd and N FM 973 0.908 Acres Jonathan Tomko 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: 9/4/2024 by: meekss  July 3, 2024 MICHELE ROGERSON LYNCH Director of Land Use & Entitlements mlynch@mwswtexas.com 512-404-2251 Mrs. Lauren Middleton-Pratt, Director of Planning City of Austin Planning Department 1000 East 11th Street Austin, Texas 78702 Via Online Submittal Re: Application for Rezoning; 0.908 acres, located at NE Intersection of Decker Lake Rd and N FM 973 (the “Property”) Dear Mrs. Pratt: As representatives of the owner of the above stated Property we respectfully submit the attached Application for Rezoning. The Property consists of 0.908 acres of existing undeveloped land and a telecommunication tower (see Aerial and Zoning Exhibit attached) that is currently zoned Limited Industrial Services Conditional Overlay (LI-CO) and Multifamily—Medium Density (MF-3). The Application for Rezoning requests to rezone the Property to General Commercial Services - Mixed Use Combining District - Conditional Overlay (CS-MU-CO) to allow for a shared driveway between proposed multifamily, commercial and industrial uses per City Staff’s direction. The CO is intended to prohibit the following CS uses and includes uses that were previously prohibited on the Property: Adult Oriented Business Alternative Financial Services Automotive Rentals Automotive Repair Services Automotive Sales Campground Commercial Blood Plasma Center Commercial Off-Street Parking Drop-Off Facility Equipment Repair Services Pawn Shop Services Recycling Collection Equipment Sales Exterminating Services Funeral Services Monument Retail Sales Vehicle Storage Basic industry General warehousing & distribution Recycling center Resource extraction Transportation Terminal 221 W. 6th Street, Suite 1300, Austin, TX 78701 • 512.404.2200 • fax 512.404.2245 • www.mwswtexas.com  Page 2 If you have any questions about this Application for Rezoning or need additional information, please do not hesitate to contact me at your convenience. Thank you for your time and attention to this project. Very truly yours, Michele Rogerson Lynch AERIAL EXHIBIT  ZONING EXHIBIT Villela, Beverly From: Sent: To: Cc: Subject: Michele Rogerson Lynch <mlynch@mwswtexas.com> Wednesday, September 11, 2024 3:18 PM Villela, Beverly Urpi Arriola C14-2024-0108 - Indian Hills - 973 External Email - Exercise Caution Hello Beverly. Per our discussion, we are okay with revising our rezoning request to GR-MU-CO with the CO showing the following prohibited uses: • Alternative Financial Services, Automotive Rentals, Automotive Repair Services, Automotive Sales, Drop-Off Recycling Collection Facility, Pawn Shop Services, Exterminating Services, Funeral Services, and Vehicle Storage. Thank you, M __________________________ Michele Rogerson Lynch Director of Land Use & Entitlements Metcalfe Wolff Stuart & Williams, LLP 221 W. 6th Street, Suite 1300 Austin, Texas 78701 (512) 404-2251 ofc (512) 797-2129 cell (512) 404-2245 fax mlynch@mwswtexas.com CAUTION: This is an EXTERNAL email. 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