05 C14-2024-0173 - City Initiated 10505 and 10545 Dessau Road; District 1 Staff Report — original pdf

Backup

ZONING CHANGE REVIEW SHEET CASE: C14-2024-0173 (City Initiated- 10505 and 10545 Dessau Road) DISTRICT: 1 ADDRESS: 10505 and 10545 Dessau Road ZONING FROM: SF-2 and SF-6-CO TO: GO SITE AREA: approximately 17.542 acres (approximately 764,129 square feet) PROPERTY OWNER: Tim and Cindy Pinson AGENT: Braun & Gresham PLLC (Eric Gomez) CASE MANAGER: Jonathan Tomko (512) 974-1057; jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff recommends granting general office (GO) district zoning. For a summary of the basis of Staff’s recommendation, please see the basis of recommendation section below. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: January 21, 2025: Case is scheduled to be heard by the Zoning and Platting Commission. CITY COUNCIL ACTION: September 12, 2024: Adopted Council Resolution 20240912-117 (See Exhibit C) TBD ORDINANCE NUMBER: N/A ISSUES: None CASE MANAGER COMMENTS: The property in question is on the east side of Dessau Road approximately ½ mile south of the intersection of Dessau Road and East Braker Lane. The subject tract currently has three single family homes on it, constructed in approximately 2000, 2006, and 2014. To the south and east is undeveloped land. To the north is one single family home constructed in approximately 1998. To the west across Dessau Road are two single family homes constructed in approximately 1968 and 2020, and undeveloped land. The site is approximately 4 miles east of The Domain and approximately 10 miles northeast of the Central Business District. It lies approximately 1 mile from three Imagine Austin Activity Centers: Lamar & Rundberg, Cameron & 183 Center, and BFI Center. BASIS OF RECOMMENDATION: Zoning should allow for reasonable use of the property. The requested zoning allows for a more reasonable use of the property. Dessau Road is an ASMP level 4 roadway, an ASMP Transit Priority Corridor, and an Imagine Austin Activity Corridor. The subject tract has approximately 1,000 feet of frontage along Dessau Road. While the applicant is not proposing any additional development at this time, granting general office (GO) is 05 C14-2024-0173 - City Initiated: 10505 and 10545 Dessau Road; District 11 of 13C14-2024-0173 2 reasonable given the sites location along a major roadway, and proximity more intense zoning along the eastern side of Dessau Road between East Rundb erg Lane and East Braker Lane. Granting this zoning will open up the property for additional uses and site development standards in the future. The proposed zoning should be consistent with the goals and objectives of the City Council. The Austin City Council initiated this rezoning request through Council Resolution 20240912-117 (See Exhibit C). This request would promote the Council objective to rezone underutilized properties that can be repurposed for community service-oriented entities. EXISTING ZONING AND LAND USES: ZONING SF-2 and SF-6-CO Site North SF-1, MF-4-CO South SF-6-CO SF-6-CO East SF-6-CO-NP, SF-6-NP, West SF-2-NP LAND USES Three single family homes constructed in approximately 2000, 2006, and 2014. One single family home constructed in approximately 1998. Undeveloped land Undeveloped land Two single family homes constructed in approximately 1968 and 2020, undeveloped land NEIGHBORHOOD PLANNING AREA: Not in a Neighborhood Planning Area WATERSHED: Walnut Creek Watershed (Suburban) SCHOOLS: Manor I.S.D. Pioneer Crossing Elementary School Decker Middle School Manor High School COMMUNITY REGISTRY LIST: Austin Independent School District, Austin Lost and Found Pets, Austin Neighborhoods Council, Friends of Austin Neighborhoods, Harris Branch Master Association, Inc., Homeless Neighborhood Association, Neighborhood Empowerment Foundation, North Growth Corridor Alliance, Overton Family Committee , SELTexas, Save Our Springs Alliance, Sierra Club, Austin Regional Group, TechRidge Neighbors AREA CASE HISTORIES: Number C14-2022-0133 (10701 Dessau Road) C14-2018-0075 (Dessau Homes) Request The Applicant is proposing to rezone approximately 11.909 acres from SF-2 to MF-4. The applicant proposes to rezone approximately 1.942 Acres from SF-3-NP SF-6-NP. Commission 03.21.2023: To grant MF-4 Acosta, Flores Staff Rec. Vote: 7-2. Kiolbassa, Greenberg nay. 09.25.2018: To grant SF-6-CO-NP with the condition of a maximum number of 18 dwelling units (8-2) [J. Schissler – 1st, F. Kazi – 2nd; K. McGraw, T. Witte – City Council 06.08.2023: To grant MF-4-CO on a 10-0 vote. Council Member Pool was absent. 11.15.2018: To grant SF-6-NP combining district zoning was approved on Council Member Houston’s motion, Council Member Pool’s second on a 9-1 vote. Council 05 C14-2024-0173 - City Initiated: 10505 and 10545 Dessau Road; District 12 of 13C14-2024-0173 3 Nay; C. Kenny, P. Seeger – Absent] Member Flannigan voted nay. Council Member Troxclair was off the dais. RELATED CASES: None ADDITIONAL STAFF COMMENTS: Comprehensive Planning: Project Name and Proposed Use: 10545 DESSAU ROAD. C14-2024-0173. Project: Rezoning Application for 10505 and 10545 Dessau Rd. 17.542 acres from SF-2-SF-6-CO to GO. Existing: residential. Proposed: commercial office. No new construction is proposed at this time. Yes Imagine Austin Decision Guidelines Complete Community Measures * Y 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 Cameron Road/Dessau Activity Corridor 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 Dessau 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 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 05 C14-2024-0173 - City Initiated: 10505 and 10545 Dessau Road; District 13 of 13C14-2024-0173 4 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 Number of “Yes’s” Y 3 Environmental: 1. The site is not located over the Edwards Aquifer Recharge Zone. The site is in the Walnut 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. 2. 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 Single-Family (minimum lot size 5750 sq. ft.) Other Single-Family or Duplex Multifamily Commercial 50% 55% 60% 80% % of Gross Site Area with Transfers 60% 60% 70% 90% 3. 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. 4. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. 5. 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. 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. 7. 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 rezoning PARD – Planning & Design Review: PR1: Parkland dedication fees may apply to any future site or subdivision applications resulting from this rezoning. 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. 05 C14-2024-0173 - City Initiated: 10505 and 10545 Dessau Road; District 14 of 13C14-2024-0173 5 Site Plan: 1. units. 2. comments will be made when the site plan is submitted. Site plans will be required for any new development other residential only project with up to 4 Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional Transportation and Public Works Department – Engineering Review: TPW 1. 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. 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]. TPW 2. The Austin Strategic Mobility Plan (ASMP) calls for 154 feet of right-of-way for DESSAU RD. It is recommended that 77 feet of right-of-way from the existing centerline should be dedicated for DESSAU RD according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. EXISTING STREET CHARACTERISTICS: Name ASMP Classification Existing ROW Existing Pavement Sidewalks Bicycle Route ASMP Required ROW DESSAU RD Corridor Mobility - Level 4 154 feet 118 feet 89 feet Capital Metro (within ¼ mile) No Existing 5 feet sidewalks Bike Lane - Protected One- Way TIA: A 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. Austin Water Utility: AW1. No comments on zoning change. FYI: 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. City records indicate the site is served by an On-Site Sewage Facility (OSSF). With the change of use, the owner must connect the site to city wastewater service through the cutover process. For more information pertaining to the wastewater cutover process, contact the AW OSSF team at OSSF@austintexas.gov or call (512)-972-0050. The cutover process may also initiate a required review by the Industrial Waste Division depending on building usage. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: 05 C14-2024-0173 - City Initiated: 10505 and 10545 Dessau Road; District 15 of 13C14-2024-0173 6 A. Zoning Map B. Aerial Map C. Resolution No. 20240912-117 D. Applicant’s Summary Letter E. Applicant Letter of Clarification 05 C14-2024-0173 - City Initiated: 10505 and 10545 Dessau Road; District 16 of 13SF-2 SF-1 SF-1 SF-1 SF-2 R FF D U L E B C A R R TE M 85-243 SF-1 I S T Y C V SF-1 ECH O B LUF F C V P MF-4-CO C14-2022-0133 PUD C814-96-0003 SF-1 BRUSHY VIEW CV SF-1 SF-2 SF-1 SF-1 P ! ! ! ! ! ! ! ! ! ! ! D E S S A U R D SP-05-1343C.SH C14-03-0105.SH SF-6-CO-NP 03-0105.SH ! ! ! ! ! ! ! ! ! ! ! ! ! ! SF-2 ! ! C R E E K H O L W SF-1 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ( ( ( ( GO-NP ( SF-2-NP ( ( ( SF-6-NP C14-2012-0064 NPA-2012-0028.01 ( PUD-NP ( SF-3-NP ( PUD-NP ( ( ( ( ( ( ( ( ( ( C L A Y W O O D D R C814-85-009 A U T O / R E P A I R S E L A S SF-2-NP A M B L E W O O D W A Y SF-2-NP ( ( PUD-NP 85-038 Y A D W O O W N JO SF-2-NP SF-2-NP SF-6-NP NPA-2022-0028.02 C14-2022-0085 ( ( ( ( ( C14-2010-0161 NP-2010-0028 ( SF-2-NP 01-0117SH 01-0128.SH SF-1 W A N D E RIN G W AY ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! SF-6-CO S I S T E R D A L E L N SF-6-CO C14T-03-0001.01 C14T-03-0001 F U L T O N A V E SF-4A N R L E K C U T E V A N O D L I T SF-4A C14-2018-0102 SF-4A ET TAL EE CT M E R I S L N SF-4A SF-6-CO SF-4A SF-4A C14T-03-0001.01 D AL E S ID E LN SF-6-CO SF-6-CO ZONING ZONING CASE#: C14-2024-0173 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ST R A VIN S K Y W A Y R SIO D S O R VIG E L A N D S T Y A Y W R A N A R G ( ( ( R LIN D FAY ( ( ( ( ( SF-3-NP ( ( ( ( ( ( SF-6-CO-NP C14-2018-0075 NPA-2018-0028.01 ( ( SF-3-NP ( ( ! ! ! ! ! ! ! ! ! ! ! ! D ALESID E LN Y A O W P N A B H U N T R E S S L N T X S E T R O V MF-3-CO ( ( ( ( ( ( ( ! ! ! ! ! ! ! R D D ( L FIE L WIL ( ( ! ! ! ! ( ( ! ! ! ! C14-2020-0123 SUBJECT TRACT ! ! ! ! ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY E A P P ( SF-2-NP LE G AT E D R R D N O T G N I R R A W ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( M E A D O ( ( W M E A ( ( SF-3-NP ( ( ( ( ( ( R D R ± ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 1 " = 400 ' ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 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. 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: 11/26/2024 !! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! I-RR ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 05 C14-2024-0173 - City Initiated: 10505 and 10545 Dessau Road; District 17 of 1305 C14-2024-0173 - City Initiated: 10505 and 10545 Dessau Road; District 18 of 13RESOLUTION NO. 20240912-117 WHEREAS, children in the foster care system need more than just a system; they need a network that provides comprehensive support and care; and WHEREAS, Foster Village, founded in Austin, Texas, in 2016, is a community-driven non-profit organization led by experienced foster parents, child development experts, child welfare advocates, and diverse professionals dedicated to empowering and supporting foster families; and WHEREAS, Foster Village bridges the gap between families experiencing foster care-who often feel tired, alone, and unsupported-and the community who want to help vulnerable children; and WHEREAS, Foster Village's current resource centers provide essential items such as clothing, car seats, toiletries, and other necessities in a trauma- informed, developmentally appropriate, and home-like environment, ensuring that children placed with families have the support they need from day one; and WHEREAS, a new Foster Village resource center is proposed to be located at or near 10505 and 10545 Dessau Road ("Dessau Road Property") that currently includes at least one single-family structure that can be repurposed for a resource center that will provide a safe, communal space for foster families and create a nurturing environment where children and caregivers can access essential resources and feel supported during their journey through the foster care system; and Page 1 of 2 05 C14-2024-0173 - City Initiated: 10505 and 10545 Dessau Road; District 19 of 13WHEREAS, this resource center is essential for expanding their operations to meet practical needs, provide holistic support, and build an ecosystem of support that aims to ensure no family or child in the foster care system feels isolated or neglected; and WHEREAS, Foster Village's use of the Dessau Road Property will also offer opportunities for the Austin community to volunteer and actively participate in enriching the quality of life for children and families in foster care, encouraging a stronger, more engaged community dedicated to the well-being of its most vulnerable members; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: City Council initiates rezoning for the Dessau Road Property from single family residence standard lot (SF-2) district zoning and townhouse and condominium residence (SF-6) district zoning to a commercial base zoning district or other appropriate base zoning district. BE IT FURTHER RESOLVED: The City Manager is directed to make recommendations for a program that would facilitate City-initiated rezoning for properties that can be repurposed for other uses to serve entities that provide community sepace. ADOPTED: September 12 , 2024 ATTEST: / Myrna Wios City Clerk Page 2 of 2 05 C14-2024-0173 - City Initiated: 10505 and 10545 Dessau Road; District 110 of 13November 4, 2024 City of Austin Development Services Department 6310 Wilhelmina Delco Dr. Austin, TX 78752 Dear Case Manager: Re: Zoning Application for 10545 and 10505 Dessau Rd, Austin TX 78745 On behalf of the Property Owners, Tim and Cindy Pinson, we are respectfully resubmitting the enclosed rezoning application for two tracts in the City of Austin’s Limited Purpose Jurisdiction having addresses 10545 and 10505 Dessau Rd., Austin TX 78745, and encompassing a total of 17.54 acres (collectively, the “Properties”). The TCAD ID for 10545 Dessau Rd. is 247748. The TCAD ID for 10505 Dessau Rd. is 247749. The Properties are currently zoned SF-2, SF-6-CO in accordance with Zoning Ordinances 20090115- 095 and 20111215-075. The applicant is proposing to rezone the Properties to GO (General Office) with an appropriate Combining District if needed. The purpose of the zoning application is to enable a legal use of the Properties by a nonprofit corporation who is serving community needs. No new construction is being proposed at this time. There is an existing residential structure at 10545 Dessau Rd that the owners wish to repurpose for commercial office use by the nonprofit. If this rezoning application is successful, the nonprofit will explore acquisition of the Properties in order to establish a headquarters and resource center for Foster Village, Inc, which is an Austin-based nonprofit created to meet basic and holistic needs of foster youth and their caregivers. We have received confirmation from the City of Austin that a Traffic Impact Assessment will not be needed. Please let me know if you have any questions at all and thank you for your assistance with this application. Kindest regards, Eric Gomez, Attorney Braun & Gresham, PLLC Enc. cc. Zoning Application Sarah Eckhardt P.O. Box 1148, Dripping Springs, TX 78620 TEL 512.894.5426 FAX 512.894.3405 www.BraunGresham.com 05 C14-2024-0173 - City Initiated: 10505 and 10545 Dessau Road; District 111 of 13January 8, 2025 Via Email: LandUseLiaison@austintexas.gov; jonathan.tomko@austintexas.gov City of Austin Zoning and Platting Commission 301 West 2nd Street Austin, Texas Re: Letter of Clarification for Rezoning Case Number: C14-2024-0173 -- 10545 and 10505 Dessau Rd, Austin TX 78745 Dear ZAP Members and Staff: Please accept this Letter of Clarification on behalf of the Property Owners, Tim and Cindy Pinson, and the applicant regarding the above referenced matter and reasons for the rezoning request. The rezoning of the two tracts on Dessau Road is to enable a legal use of the tracts by Foster Village, which is an Austin-based non-profit with a mission of serving caregivers and families in the foster care system. Foster Village serves the community in at least three ways: first, by providing material resources for caregivers, such as car seats, toiletries and basic necessities all at no cost; second, by connecting families who are providing care to foster youth; and third, by advocating for foster youth and their caregivers at the local, state and national levels. Foster Village does not provide housing for foster youth or caregivers at any location. The Dessau Road tracts are already well equipped for Foster Village to begin providing the community services just described with minimal impact to neighbors. There is an existing structure just off Dessau Road that is intended to become an office space for staff with plenty of room to receive and store material resources. Foster Village plans to receive caregivers at this location during normal business hours who are in need of those resources. Foster Village does not operate its offices outside of normal business hours. In addition, traffic impacts are expected to be minimal. Caregivers will visit as needs arise, which often results in a handful or less of visitors at any time. The Dessau Road tracts are greatly impacted by impervious cover limitations due to critical environmental features and their corresponding setback requirements. This ensures a very hard and extensive cap on any development beyond what presently exists. In fact, roughly 20% of 10545 Dessau Rd is developable and that portion already contains the residential structure and parking space areas just described. Despite these limitations, the natural areas are actually a major benefit. Foster Village sought these tracts for the peacefulness that the natural areas could provide to visitors who would especially benefit from tranquil surroundings. There are trails and sitting areas throughout the tracts that will continue to be preserved and utilized for this purpose. Foster Village also has an outstanding reputation in both Austin and Dripping Springs and has been a welcomed and respected neighbor in the areas it serves. Unfortunately, many north Austin residents have been in tremendous need of these services with minimal solutions. So, Foster P.O. Box 1148, Dripping Springs, TX 78620 TEL 512.894.5426 FAX 512.894.3405 www.BraunGresham.com 05 C14-2024-0173 - City Initiated: 10505 and 10545 Dessau Road; District 112 of 13Village has sought a location in the north Austin area that could help to meet the area’s growing foster needs. The Dessau Road tracts represent a way for Foster Village to bridge this gap, while also maintaining the character and quality of life of the surrounding area. Please feel free to reach out with any questions, comments or concerns at all and thanks so much for your consideration. City of Austin Zoning and Platting Commission January 8, 2025 Page 2 of 2 Kindest regards, Eric Gomez, Attorney Braun & Gresham, PLLC P.O. Box 1148, Dripping Springs, TX 78620 TEL 512.894.5426 FAX 512.894.3405 www.BraunGresham.com 05 C14-2024-0173 - City Initiated: 10505 and 10545 Dessau Road; District 113 of 13