03 C14-2025-0045 - 8234 Ferguson Cutoff; District 1 - Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2025-0045 (8234 Ferguson Cutoff) DISTRICT: 1 ADDRESS: 8234 Ferguson Cutoff ZONING FROM: I-RR TO: LI-CO SITE AREA: 1.74 acres (77,711 sq. ft.) PROPERTY OWNER: AAA Auger Holdings Inc., Kyle Rother AGENT: Civilitude LLC, Amy Nunnellee CASE MANAGER: Beverly Villela (512-978-0740, Beverly.Villela@austintexas.gov) STAFF RECOMMENDATION: Staff recommends granting Limited Industrial Service – Conditional Overlay (LI-CO) combining district zoning. See the Basis of Recommendation section below. The Conditional Overlay will: Prohibit the following uses: • Resource Extraction • Recycling Center • Laundry Services • Service Station • Automotive Rentals • Automotive Repair Services • Automotive Sales • Automotive Washing (of any type) • Scrap and Salvage ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: July 15, 2025: CITY COUNCIL ACTION: TBD ORDINANCE NUMBER: No. ISSUES: N/A CASE MANAGER COMMENTS: The property in question is approximately 1.74 acres in size and is developed with a warehouse. It is currently designated as interim rural residence (I-RR) and is located along Ferguson Cutoff, a Level 2 street per the Austin Strategic Mobility Plan. The surrounding properties to the north, south, and west are zoned limited industrial service with conditional 03 C14-2025-0045 - 8234 Ferguson Cutoff; District 11 of 11 C14-2025-0045 Page 2 overlay (LI-CO), and are developed with similar warehouse and industrial uses. To the east, the site is adjacent to public land associated with the Big Walnut Creek Nature Preserve, and the southeast portion of the site is across from land located in the City's extraterritorial jurisdiction (ETJ). The applicant is requesting limited industrial service with conditional overlay (LI-CO) zoning in order to accommodate a limited warehouse use. The requested zoning would maintain consistency with surrounding industrial and commercial zoning patterns, and the conditional overlay will prohibit a selection of automotive, salvage, and heavy industrial uses to help ensure compatibility with the adjacent nature preserve. Staff is recommending the requested LI-CO zoning as it aligns with nearby zoning and land use and supports the preservation of industrial land. The property is located within 0.25 miles of public transit and bike lanes, within walking distance of schools, a recreation area, and a health clinic, and lies just 0.16 miles from the Manor–Springdale–Cameron Activity Corridor. The applicant is in agreement with the staff recommendation. Please refer to Exhibits A (Zoning Map) and B (Aerial View). BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The limited industrial service (LI) district is intended as an area primarily for commercial services and limited manufacturing uses, generally on moderately sized sites. 2. Zoning changes should promote compatibility with adjacent and nearby uses. The proposed LI zoning promotes compatibility with the surrounding properties, which are predominantly zoned LI-CO and I-SF-2 and are developed with warehouse uses. The rezoning would maintain the area's commercial and light industrial character while accommodating a new use that complements existing businesses. EXISTING ZONING AND LAND USES: ZONING LAND USES I-RR Site North LI-CO South LI-CO East West ETJ and P LI-CO and I-RR Warehouse Warehouse Warehouse Undeveloped and Big Walnut Creek Nature Preserve Warehouse and Undeveloped 03 C14-2025-0045 - 8234 Ferguson Cutoff; District 12 of 11 C14-2025-0045 Page 3 NEIGHBORHOOD PLANNING AREA: N/A TIA: Is not required WATERSHED: Walnut Creek – Suburban CAPITOL VIEW CORRIDOR: N/A SCENIC ROADWAY: N/A SCHOOLS: Austin Independent School District Jordan Elementary School Dobie Middle School LBJ High School COMMUNITY REGISTRY LIST: Austin Independent School District, Austin Lost and Found Pets, Austin Neighborhoods Council, Colony Park/Lakeside Community Development Corp, Del Valle Community Coalition, Friends of Austin Neighborhoods, Friends of Northeast Austin, AREA CASE HISTORIES: NUMBER C14-2024-0178 REQUEST I-SF-2 to LI-CO C14-2023-0061 I-RR to LI C14-2019-0076 I-RR to LI C14-2013-0026 I-RR to LI Homeless Neighborhood Association, Neighborhood Empowerment Foundation, Neighbors United for Progress, Overton Family Committee , SELTexas, Save Our Springs Alliance, Sierra Club, Austin Regional Group COMMISSION To Grant Staff’s Recommendation of LI-CO (04/15/2025) To Grant Staff’s Recommendation of LI (09/05/2023) To Grant Staff’s Recommendation of LI (07/02/2019) To Grant Staff’s Recommendation of LI (04/16/13) CITY COUNCIL Approved LI-CO as Commission recommended (06/05/2025) Approved LI as Commission recommended (10/19/2023) Approved LI as Commission recommended (08/08/2019) Approved LI as Commission recommended (05/09/2013) 03 C14-2025-0045 - 8234 Ferguson Cutoff; District 13 of 11 C14-2025-0045 RELATED CASES: N/A ADDITIONAL STAFF COMMENTS: Comprehensive Planning: Page 4 Project Name and Proposed Use: 8234 FERGUSON CUTOFF. C14-2025-0045. Project: 8234 Ferguson Cutoff. 1.784 acres from I-RR to LI. Existing: warehousing. Proposed: limited warehousing. 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 *: • 0.16 miles from Manor/Springdale/Cameron Activity Corridor Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or light rail station. Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane. 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. Y 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.) • 0.5 miles to medical clinic 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 03 C14-2025-0045 - 8234 Ferguson Cutoff; District 14 of 11 C14-2025-0045 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. Y Y Not located over Edwards Aquifer Contributing Zone or Edwards Aquifer Recharge Zone 4 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 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. 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 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. 03 C14-2025-0045 - 8234 Ferguson Cutoff; District 15 of 11 C14-2025-0045 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 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. Site Plan Site plans will be required for any new development except for residential only projects with up to 4 units. Any new development is subject to LDC Subchapter E Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. This site is located within 150 feet of a wildland area, in the Wildland Urban Interface (WUI). Please see this website for more information about construction in the WUI: http://www.austintexas.gov/department/wildland-urban-interface-code Austin Transportation and Public Works Department – Engineering Review A transportation assessment/traffic Impact analysis is unlikely to be required at the time of site plan, but will be required if triggered, when land uses and intensities will be known per LDC 25-6-113 and TCM 10.2.1. The Austin Strategic Mobility Plan (ASMP) calls for 72 feet of right-of-way for Ferguson Cutoff. It is recommended that 36 feet of right-of-way from the existing centerline should be dedicated for Ferguson Cutoff according to the Transportation Plan with the first subdivision or site plan application. Existing ROW appears sufficient for Ferguson Cutoff but should be confirmed with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. The adjacent street characteristics table is provided below: 03 C14-2025-0045 - 8234 Ferguson Cutoff; District 16 of 11 C14-2025-0045 Page 7 Name ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route Capital Metro (within ¼ mile) Ferguson Cutoff Level 2 72’ 72’ 21’ No No Yes Austin Water Utility No comments on zoning change. FYI: The landowner intends to serve the site with City of Austin water and wastewater utilities. The landowner, at own expense, will be responsible for providing any water and wastewater utility improvements, offsite main extensions, utility relocations and or abandonments required by the land use. The water and wastewater utility plan must be reviewed and approved by Austin Water for compliance with City criteria and suitability for operation and maintenance. Depending on the development plans submitted, water and or wastewater Service Extension Requests may be required. 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. All new development within the proposed project will be subject to City Code Chapter 25-9 and any future amendments relating to reclaimed water connections, water benchmarking, and mandatory onsite water reuse. All water and wastewater construction must be inspected by the City of Austin. The landowner must pay the City inspection fee with the utility construction. The landowner must pay the tap and impact fee once the landowner makes an application for a City of Austin water and wastewater utility tap permit. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: Exhibit A: Zoning Map Exhibit A-1: Aerial Map Exhibit B: Applicant’s Summary Letter Exhibit C: Applicant’s Updated Summary Letter 03 C14-2025-0045 - 8234 Ferguson Cutoff; District 17 of 11 LI-CO 98-0188 C14-00-2120 00-2120 DR WH SE 98-0188 C14-98-0188 GR-CO SP-04-0074 DR S P 9 7 - 0 28 3 C LO E U S 2 90 H WY S V R D WB E U S 2 9 0 W B R A M P DR E U S 2 90 H W Y W B FO O D SAL E S C O N V. STO R E G A S C O N V. GR G AS E U S 2 9 0 H W Y E B E US 290 EB RAM P 05-0164 DR E U S 2 9 0 H W Y S V R D EB C14-03-0054 GR-CO 03-0054 SP-03-0305CS C14-05-0164 05-0164 041118-13 I-RR SP-02-0425D C14-2009-0015 C14-96-0030 GR-CO 97-0111 C14-97-0111 LI-CO C14-06-0108 06-0108 D E R L A D G RIN P S LI C14-2022-0043 I-RR C14-2019-0076 4 1 2 0 - 5 0 COMMERCIAL PARK DR C14-05-0214 LI-CO I-SF-2 2008-0157 C7A-04-021 C14-2008-0157 041118-13 I-RR 041118-13 C7A-04-021 P C14-2014-0022 P C14-2011-0068 C7A-02-011 ! ! ! ! ! ! C14-2013-0026 LI-CO 041118-13 C7A-04-021 ! ! ! ! ! ! ! ! ! ! I-RR ! ! ! ! ! ! C14-2011-0143 SP-04-0118D LI C14-2023-0061 C14-05-0216 05-0216 73 1 05-0 C14-05-0173 I-SF-2 56 1 05-0 C14-05-0156 R D A G O T L A 91 1 05-0 C14-05-0191 CS-1-CO 06-0227 ! ! ! ! ! ! ! ! ! ! ! I-SF-2 ! C7A-04-021 ! 041118-13 LI-CO 05-0206 F E R G U S O N C T O F C14-2011-0068 LI-CO C14-2013-0149 C R Y S T A L B R O O K W E S T SF-2 C14-2013-0070 P I-RR O L D M A N O R R D SF-2 B I G W I N D W A Y SF-2 LI-CO C14-05-0084 C14-2013-0071 ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ZONING ZONING CASE#: C14-2025-0045 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: 4/15/2025 03 C14-2025-0045 - 8234 Ferguson Cutoff; District 18 of 11 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!C14-2025-0045C14-2011-0068C14-2011-0068C14-2013-0070C14-2013-0026C14-00-2120C14-2014-0022C14-2011-0143C14-05-0164C14-06-0108C14-2023-0061C14-2009-0015C14-2013-0149C14-97-0111C14-03-0054C14-05-0216C14-98-0188C14-2022-0043C14-2019-0076C14-96-0030C14-05-0191C14-05-0214C14-05-0173C14-05-0156C14-2008-0157C14-05-0084C14-2013-0071OLD MANOR RDE US 290 HWY EBE US 290 HWY WBSPRINGDALE RDE US 290 HWY SVRD EBE US 290 HWY SVRD WBFERGUSON CTOFE US 290 EB RAMPE US 290 WB RAMPCOMMERCIAL PARK DRBIG WIND WAYALTOGA DRCRYSTALBROOK WESTPPPLI-COLII-RRSF-2DRLOLI-COLI-COLI-COI-RRLII-RRI-SF-2DRSF-2DRI-RRI-RRDRSF-2I-SF-2GR-COGR-COGR-COLI-COGRI-SF-2LI-COCS-1-CO8234 Ferguson Cutoff±This product has been produced by Planning Department for the sole purpose of geographic reference. No warranty ismade by the City of Austin regarding specific accuracy or completeness.ZONING CASE#:LOCATION:SUBJECT AREA:MANAGER:C14-2025-00458234 Ferguson Ctof1.784 AcresBeverly VillelaCreated: 4/23/2025SUBJECT TRACTZONING BOUNDARY!!!!!PENDING CASECREEK BUFFER1 inch equals 400 '03 C14-2025-0045 - 8234 Ferguson Cutoff; District 19 of 11Texas P.E. Firm Registration 12469 503 Kenniston Dr, Unit 5 Austin, TX 78752 Phone 512.761.6161 | Fax 512.761.6167 info@civilitude.com | civilitude.com May 29, 2025 Beverly Villela City of Austin Permitting and Development Center 6310 Wilhelmina Delco Dr Austin, Texas 78752 Re: 8234 Ferguson Cutoff Rezoning Case (C14-2025-0045) 8234 Ferguson Cutoff, Austin, Texas 78724 Dear Ms. Villela, On behalf of our Client, Kyle Rother, we would like to request a zoning change on the property located at 8234 Ferguson Cutoff, Austin, Texas 78724. The site is currently zoned I-RR (Interim Rural Residence) and we are requesting that it be rezoned to LI (Light Industrial) to accommodate a limited warehouse use, to replace the current warehousing use. The zoning surrounding the property is as follows: LI (Limited Industrial) and LI-CO (Limited Industrial – Conditional Overlay) to the north, south and west, and P (Public) to the east. The lot to the southeast across Ferguson Cutoff is within the Extra-Territorial Jurisdiction of the City of Austin and therefore has no zoning. If you have any questions or require additional information, please contact me at (512) 761-6161. Sincerely, Amy Nunnellee, EIT Sr. Project Coordinator 03 C14-2025-0045 - 8234 Ferguson Cutoff; District 110 of 11 Texas P.E. Firm Registration 12469 503 Kenniston Dr, Unit 5 Austin, TX 78752 Phone 512.761.6161 | Fax 512.761.6167 info@civilitude.com | civilitude.com June 25, 2025 Beverly Villela City of Austin Permitting and Development Center 6310 Wilhelmina Delco Dr Austin, Texas 78752 Re: 8234 Ferguson Cutoff Rezoning Case (C14-2025-0045) 8234 Ferguson Cutoff, Austin, Texas 78724 Dear Ms. Villela, On behalf of our Client, Kyle Rother, we would like to request a zoning change on the property located at 8234 Ferguson Cutoff, Austin, Texas 78724. The site is currently zoned I-RR (Interim Rural Residence) and we are requesting that it be rezoned to LI-CO (Light Industrial - Conditional Overlay) to accommodate a limited warehouse use, to replace the current warehousing use. The conditional overlay will prohibit the following uses: - Resource Extraction - Recycling center - Laundry Services - Service Station - Automotive Rentals - Automotive Repair - Automotive Sales - Automotive Washing - Scrap and Salvage Yards The zoning surrounding the property is as follows: LI (Limited Industrial) and LI-CO (Limited Industrial – Conditional Overlay) to the north, south and west, and P (Public) to the east. The lot to the southeast across Ferguson Cutoff is within the Extra-Territorial Jurisdiction of the City of Austin and therefore has no zoning. If you have any questions or require additional information, please contact me at (512) 761-6161. Sincerely, Amy Nunnellee, EIT Sr. Project Coordinator 03 C14-2025-0045 - 8234 Ferguson Cutoff; District 111 of 11