02 C14-2025-0084 - Howard Lane Rezoning; District 7 - Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2025-0084 - Howard Lane Rezoning DISTRICT: 7 ADDRESS: 2315 West Howard Lane ZONING FROM: GR TO: CS SITE AREA: 0.36 acres (15,725 sq. ft.) PROPERTY OWNER: Ishtel Heating Air & Refrigeration (Ishtel Uddin) APPLICANT/AGENT: Encon, LLC (Diane Bernal) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMEDATION: Staff recommends CS, General Commercial Services District, zoning. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: September 16, 2025 CITY COUNCIL ACTION: ORDINANCE NUMBER: 02 C14-2025-0084 - Howard Lane Rezoning; District 71 of 13 C14-2025-0084 ISSUES: 2 On January 29, 2024, a code violation was filed for this property for an Enterprise Violation - case number ECV 2024-010063, for an unpermitted commercial development of site (please see Exhibit C). CASE MANAGER COMMENTS: The property under consideration is a 25,284 sq. ft. lot that contains a warehouse that fronts onto W. Howard Lane and backs up to Daisy Lane, thus allowing access from both streets. There are construction sales and services businesses to the north (ABC Heating and Air Services Supply Co Inc.) in the county and to the west (Demolition Excursion Alliance LLC, Bartlett Tree Experts) zoned CS and CS-1-CO respectively. The lots to the east contain another construction sales and services use (Best Insulation) that was recently rezoned to CS, a vehicle storage use (Eagle Towing) and an office/warehouse use (Jorgenson) zoned LI. There is a manufactured home to south fronting Daisy Drive with LI zoning. In this request, the applicant is asking to rezone the property from GR to CS to bring the existing use into conformance with land use regulations in the Code. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. General Commercial Services district is intended predominately for commercial and industrial activities of a service nature having operating characteristics or traffic service requirements generally incompatible with residential environments. 2. The proposed zoning should allow for a reasonable use of the property. CS zoning would allow for a fair and reasonable use of the site because the proposed zoning will bring the existing air conditioning repair business/Construction Sales and Services use into conformance with land use regulations in the Code. 3. The proposed zoning should promote consistency and orderly planning. The CS zoning district would be consistent with the zoning in this area because there is commercial and industrial zoning surrounding this tract of land. There is CS-1-CO and CS zoning to the west and CS and LI zoning to the south and east. The CS zoning base district is appropriate for this location because of the commercial and industrial character of the area and the adjacency of the property to an activity corridor (Howard Lane/Gregg Activity Corridor). 02 C14-2025-0084 - Howard Lane Rezoning; District 72 of 13C14-2025-0084 3 EXISTING ZONING AND LAND USES: ZONING LAND USES GR Site North County South CS East CS, LI West CS, CS-1-CO Warehouse Construction Sales and Services Manufactured Home Construction Sales and Services, Vehicle Storage, Office/Warehouse Construction Sales and Services NEIGHBORHOOD PLANNING AREA: N/A WATERSHED: Walnut Creek CAPITOL VIEW CORRIDOR: N/A SCENIC ROADWAY: N/A NEIGHBORHOOD ORGANIZATIONS: Austin Lost and Found Pets, Friends of Austin Neighborhoods, Homeless Neighborhood Association, North Growth Corridor Alliance, Save Our Springs Alliance, Sierra Club, Austin Regional Group, Wells Branch Neighborhood Association SCHOOLS: Round Rock I.S.D. AREA CASE HISTORIES: REQUEST GR to CS NUMBER C14-2024-0177 (2311 W. Howard Lane Project) COMMISSION 2/18/25: Approved staff's recommendation of CS zoning by consent (8-0, S. Boone, D. Fouts and T. Major-absent); R. Puzychi- 1st, A. Flores-2nd. CS to CS-MU C14-2017-0147 (Daisy Drive Rezoning: 2401 and 2405 Daisy Drive) 1/30/18: Approved staff’s recommendation of CS-MU-CO zoning by consent (7-0, D. Breithaupt – absent, A. Denkler and Y. Flores, S. Lavani -arrived late); J. Duncan-1st, B. Evans-2nd. CITY COUNCIL 3/27/25: The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20250327-089 for general commercial services (CS) district zoning was approved on all three readings on Council Member Harper-Madison's motion, Council Member Velasquez's second on an 11-0 vote. 2/15/18: The public hearing was conducted and a motion to close the public hearing and approve Ordinance 20180215-077 for CS-MU-CO district zoning was approved with the amendment 02 C14-2025-0084 - Howard Lane Rezoning; District 73 of 13 C14-2025-0084 4 listed below on Council Member Pool’s motion, Council Member Houston’s second on a 9-1 vote. Council Member Flannigan voted nay. Council Member Casar was off the dais. The amendment to allow one unit lot was accepted without per objection. 6/11/15: Approved CS-CO zoning on consent on all 3 readings (11-0); A. Kitchen-1st, P. Renteria- 2nd. 12/0910: Approved CS-MU-CO zoning on consent on all 3 readings (7-0); Spelman-1st, Martinez-2nd. 9/27/07: Approved CS-MU-CO zoning by consent (5-0, B. Dunkerley-absent, J. Kim- off the dais) 3/19/05: Approved GR-CO (6-0; Thomas- off dais); 1st reading 6/09/05: Approved GR-CO by consent(6-0, McCracken-off dais); 2nd/3rd readings 3/4/04: Granted GR zoning (6-0, McCracken-absent); all 3 readings 3/4/04: Granted CS-1-CO (6-0, McCracken-absent); all 3 readings 1/18/01: Approved CS-CO w/conditions; (6-0); all 3 readings C14-2015-0041 (Trial’s Rezoning: 13805 Orchid Lane) C14-2010-0156 (2609 and 2701 Daisy Drive) GR to CS 6/02/15: Approved staff’s recommendation of CS-CO zoning on consent (6-0); G. Rojas-1st, S. Compton-2nd. CS to CS-MU C14-2007-0109 (2600 Gardenia Drive) CS to CS-MU C14-05-0035 (3101 – 3105 West Howard Lane) C14-03-0188 (13201-13205 Burnet Road) C14-03-0181 (2401 West Howard Lane) GO to GR GO to GR GR to CS-1 C14-00-2205 GR to LI 11/02/10: Approved the staff’s recommendation of CS-MU-CO zoning, with CO to limit the site to 2,000 vehicle trips per day, on consent (7-0); S. Baldridge, G. Bourgeios-2nd. 8/21/07: Approved staff’s recommendation of CS-MU-CO zoning with added condition to prohibit drive-in service by consent (7-0, K. Jackson-absent); J. Martinez-1st, J. Gohil-2nd. 4/19/05: Approved staff’s recommendation of GR-CO by consent (7-0, C. Hammond, K. Jackson-absent); J. Martinez- 1st, M. Hawthorne-2nd. 4/3/04: Approved staff’s recommendation of GR zoning, by consent (9-0) 2/3/04: Approved staff recommendation of CS-1-CO zoning, with a 2,000 vehicle trip limit per day (9-0) 12/5/00: Approved staff rec. of CS-CO (as amended by applicant) by consent (8-0); conditions as follows: 1) Height limit of 40 feet 2) Prohibit Adult Oriented Businesses 3) 2,000 vehicle trip per day limit 02 C14-2025-0084 - Howard Lane Rezoning; District 74 of 13 C14-2025-0084 5 C14-00-2112 IP to MF-3 9/19/00: Approved staff alt. rec. of MF-3-CO by consent (9-0) 10/26/00: Approved MF-3-CO on 1st reading (7-0) C14-00-2179 IP to SF-2, SF-3, MF-1 10/17/00: Approved staff rec. of SF-2 (TR1), SF-3 (TR 2), and MF-1 (TR3) by consent (8-0) 12/7/00: Approved MF-3-CO (7-0); 2nd/3rd readings 11/30/00: Approved SF-2-CO (TR1), SF-3-CO (TR2); MF-1-CO (TR3) w/condition of 2,000 vehicle trip per day limit (7-0); all 3 readings RELATED CASES: N/A OTHER STAFF COMMENTS: Comprehensive Planning Project Name and Proposed Use: 2315 W HOWARD LANE. C14-2025-0084. Project: Howard Lane Rezoning. 0.36 acres from GR to CS. Existing: warehouse. Proposed: warehouse/construction and sales/storage. Demolition is proposed. 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 Howard Lane/Gregg 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. Y Connectivity, Good and Services, Employment *: Provides or is located within 0.50 miles to goods and services, and/or employment center. • Within 0.5 miles of Goods and Services along Howard Lane and Wells Branch Pkwy 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). 02 C14-2025-0084 - Howard Lane Rezoning; District 75 of 13 C14-2025-0084 6 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. 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 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. 02 C14-2025-0084 - Howard Lane Rezoning; District 76 of 13 C14-2025-0084 7 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. Parks and Recreation 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 residential only projects with up to 4 units. Any new development is subject to Subchapter E Design Standards and Mixed Use of the Land Development Code. Additional comments will be made when the site plan is submitted. This tract is already developed and the proposed zoning change is within the footprint of an existing development. Transportation The Austin Strategic Mobility Plan (ASMP) calls for 72 feet of right-of-way for W Howard. Ln. It is recommended that 36 feet of right-of-way from the existing centerline should be dedicated according to the ASMP with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. The Austin Strategic Mobility Plan (ASMP) calls for 58 feet of right-of-way for Daisy Dr. It is recommended that 29 feet of right-of-way from the existing centerline should be dedicated according to the ASMP with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. 02 C14-2025-0084 - Howard Lane Rezoning; District 77 of 13C14-2025-0084 8 The adjacent street characteristics table is provided below: Name ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route Capital Metro (within ¼ mile) W Howard Ln. Level 2 Daisy Dr. Level 1 72’ 58’ 91’ 50’ 27.3’ No 24’ No No No No No Water Utility 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. INDEX OF EXHIBITS TO FOLLOW A: Zoning Map B. Aerial Map C. Notice of Violation 02 C14-2025-0084 - Howard Lane Rezoning; District 78 of 13EXHIBIT A !!!!!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(C14-00-2179C14-00-2179C14-01-0049C14-00-2112C14-00-2179C14-01-0093C14-00-2179C14-00-2179C14-00-2179C14-00-2179C14-00-2179C14-00-2206C14-2017-0147C14-04-0189C14-2010-0156C14-85-149C14-00-2205C14-2015-0041C14-03-0181C14-92-0109C14-95-0182W HOWARD LNDAISY DRAVENUENGARDENIADRPANSY TRLSUMMIT DRLOU JOHN STAVENUE KTHOMAS SINCLAIR BLVDCENTURY PARKBLVDORCHID LNMAGNOLIA BLVDW WELLS BRANCH PKWYAVENUEIMERRILLTOWNDRMARGALENEWAYANITA MARIE LNBRIANASHAYDRSHAWNA DNAY DRRENAISSANCE CTCAMPESINA DRRYAN MATTHEWDRBORICCO LNSTEPHANIE ST JOHN STANAROSA LOOPWILLIAM KENNEDY DRDOWDLNCSLIPCSCSIPLILICSPLILISF-6MF-1-COGRSF-3-COCSCSPLICSSF-6-COCSMF-3-COCS-COLISF-2-COGRGRSF-6-COSF-2-COSF-2-COSF-2-COSF-2-COSF-2-COCSLISF-3-COSF-3-COCSCSGRCSLI-COGRCS-MU-COCS-MU-COSF-6-COSF-2-COCS-COSF-2-COCS-COCS-MUSF-2-COSF-3-COCS-1-COCS-MU-COCSLI-COWHSEHeating and\Air Serv.Rest.StorageUndev.84-43885-09085-14984-43785-35701-009300-217904-018999-212800-220693-006897-009400-2205TowerP86-006-0154CSP-03-0145CSP-02-0323CSP-01-0448CSP-94-0303CSP-02-0001CSP-03-0092CSP-03-0456CSP-04-1083CSP-04-0463CSP-03-0534CSP-00-2003CSP-99REST.SP91-0288CSP94-0303CUNDEVINDUSTRIALPAINT SHOPOFC.OFFC.MHOIL CO.PRINT SHOPOFFICE(NOT ON GROUND)DAY CAREComm.PARTSTANKSOFFICE\WAREHOUSEAUTO STORAGEBEAUTYAPARTMENTSCENTERAUTOCOA\PUMP\STATIONSHOPSP-06-0214CTOWERSP-98-0208CCONTRACTORS YARDSECONDARYAPTMTOFFICE/AUTO SALESSP-90-0223C00-217900-2179SP-94-0303CSP-94-0303COFFICEAPARTMENTS85-149MHMHWHSE85-14900-2179UNDEV00-2179MHOFFICEUndev.00-2179OFFICE00-217985-149SP91-0288CUNDEVMHUNDEVOFFICE00-2179UNDEVUNDEVMH85-149MHZONING±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 theapproximate 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.ZONING CASE#:C14-2025-0084SUBJECT TRACT!!!!!!PENDING CASEZONING BOUNDARYCreated: 8/5/20250400200Feet02 C14-2025-0084 - Howard Lane Rezoning; District 79 of 13EXHIBIT B !!!!!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(C14-2025-0084C14-00-2179C14-00-2179C14-01-0049C14-00-2112C14-00-2179C14-01-0093C14-00-2179C14-00-2179C14-00-2179C14-00-2179C14-00-2179C14-00-2206C14-2017-0147C14-04-0189C14-2010-0156C14-85-149C14-00-2205C14-2015-0041C14-03-0181C14-92-0109C14-95-0182W HOWARD LNDAISY DRAVENUENGARDENIADRPANSY TRLSUMMIT DRLOU JOHN STAVENUE KTHOMAS SINCLAIR BLVDCENTURY PARKBLVDORCHID LNMAGNOLIA BLVDW WELLS BRANCH PKWYAVENUEIMERRILLTOWNDRMARGALENEWAYANITA MARIE LNBRIANASHAYDRSHAWNA DNAY DRRENAISSANCE CTCAMPESINA DRRYAN MATTHEWDRBORICCO LNSTEPHANIE ST JOHN STANAROSA LOOPWILLIAM KENNEDY DRDOWDLNCSLIPCSCSIPLILICSPLILISF-6MF-1-COGRSF-3-COCSCSPLICSSF-6-COCSMF-3-COCS-COLISF-2-COGRGRSF-6-COSF-2-COSF-2-COSF-2-COSF-2-COSF-2-COLICSSF-3-COSF-3-COCSCSGRCSLI-COGRCS-MU-COCS-MU-COSF-6-COSF-2-COCS-COSF-2-COCS-COCS-MUSF-2-COSF-3-COCS-1-COCS-MU-COCSLI-COHoward Lane Rezoning±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:C14-2025-00842315 W Howard Ln.036 AcresSherri SirwaitisCreated: 9/9/2025SUBJECT TRACTZONING BOUNDARY!!!!!PENDING CASECREEK BUFFER1inchequals400'02 C14-2025-0084 - Howard Lane Rezoning; District 710 of 13 City of Austin 6310 Wilhelmina Delco Drive, Austin TX 78752 512-978-4000 DevelopmentATX.com EXHIBIT C NOTICE OF VIOLATION Case Number: ECV 2024-010063 Via Certified Mail #7020 2450 1237 4791 Date February 29, 2024 Ishtel Heating Air & Refrigeration Inc 21700 Hogeye Rd Manor,TX US 78653-5388 RE: 2315 W Howard Ln AUSTIN, TX 78727 TCAD Parcel Number 0268180203 Dear Owner The City of Austin investigated the property described above on January 29, 2024 Austin City Code violations were found that require your immediate attention. A description of the violation(s) and compliance timeframe(s) are provided in the attached violation report. For additional information, I can be reached at (737) 230-4744 or derrick.lee@austintexas.gov. Please reference case number ECV 2024-010063 ours of operation are Monday – Friday, 7:00 a.m. – 3:30 p.m. If I am unavailable, please contact (512) 974-2278 or environmental.inspections@austintexas.gov. Para obtener más información, llame al (737) 230-4744 o enviar un correo electrónico a derrick.lee@austintexas.gov. Por favor, consulte caso número ECV 2024-010063. El horario de atención es: lunes a viernes, 7:00 a.m. – 3:30 p.m. Si no estoy disponible, comuníquese (512) 974-2278) o por correo electrónico environmental.inspections@austintexas.gov. Sincerely, Derrick Lee City of Austin Environmental Inspections 02 C14-2025-0084 - Howard Lane Rezoning; District 711 of 13VIOLATION REPORT Date of Notice: February 29, 2024 Code Officer: Case Number: Property Address: Inspector Derrick Lee, ECV 2024-010063 2315 W Howard Ln, AUSTIN, TX 78727 The items listed below are violations of the Austin City Code and require your immediate attention. If the violations are not brought into compliance within the timeframes listed in this report, enforcement action may be taken. Timeframes start from the Date of Notice. Violation Type: No Site Plan Austin City Code Section: No Site Plan (Code: 73013) Description of Violation: Did then and there fail to obtain a site plan which had been approved and released by the City of Austin under Chapter 25 of the Land Development Code, contrary to Sections 25-5-1, 25-1-391, 25-1-462 and 1-1-99 of the Code of the City of Austin, 2003, as amended, prior to developing or changing the use of the property at 2315 W Howard Ln, Austin, TX 78727 Recent inspections from the ROW along with aerial imagery indicate that this lot has been developed commercially or is being utilized commercially without proper permitting. All commercial development in the City of Austin 2 mile ETJ and Limited Purpose require an approved and released site plan or site plan exemption to be in compliance with Development Code. Date Observed: January 29, 2024 Timeframe to Comply: 30 days Recommended Resolution: A site plan or site plan exemption will need to be approved and released by City of Austin for all lots affected by this commercial development. 02 C14-2025-0084 - Howard Lane Rezoning; District 712 of 13IMPORTANT INFORMATION Failure to Correct If the violations are not brought into compliance within the timeframes listed in the violation report, enforcement action may include: • Criminal charges in the City of Austin Municipal Court subjecting you to fines of up to $2,000 per violation, per day. • Suspension or cancellation of existing site plan, permit or certificate of occupancy. If the site plan, permit or certificate of occupancy is suspended or revoked, the utility service to this property may be disconnected. • Civil injunctions or penalties in State court. Notes: If the corrective action requires a permit please contact the Development Services Department at http://www.austintexas.gov/department/development-services or by contacting the Development Assistance Center at 512-974-6370 for more information. In order to close the above code violation(s), an inspection will need to be conducted. Please contact Inspector at (737) 230-4744 or derrick.lee@austintexas.gov. to schedule an inspection. 02 C14-2025-0084 - Howard Lane Rezoning; District 713 of 13