04 SPC-2025-0376A - Living Spaces South Austin; District 5 - Staff Report — original pdf

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ZONING AND PLATTING COMMISSION SITE PLAN CONDITIONAL USE PERMIT REVIEW SHEET CASE NUMBER: SPC-2025-0376A ZAP DATE: January 6, 2026 PROJECT NAME: Living Spaces South Austin ADDRESS: 11100 S IH 35 SERVICE ROAD SB COUNCIL DISTRICT: 5 APPLICANT: Riddell Family, LP AGENT: Armbrust & Brown, PLLC (Michael J. Whellan) CASE MANAGER: Heather Chaffin (512) 974-2140 Heather.chaffin@austintexas.gov AREA: WATERSHED: T.I.A.: CAPITOL VIEW: 12.39 Acres Onion Creek (Suburban) N/A N/A PROPOSED DEVELOPMENT: The applicant is requesting a conditional use permit for Large Retail (“Big Box”) land use on the property. Site development improvements are currently under review under a separate site plan case, SP- 2025-0161C. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit. The proposed site plan complies with all requirements of the Land Development Code. SUMMARY COMMENTS ON SITE PLAN: Land Use: The property is located along the west side of IH 35, north of E. FM 1626. A convenience store is currently under construction immediately at the northwest corner of IH 35 and FM 1626; the subject property is located to the north and west of the convenience store property. Both properties are zoned CS-CO. Immediately north of the subject property is driveway zoned CS-MU-CO, and north of that is an automobile dealership zoned CS-CO. Across Farrah Lane to the west is a multifamily community zoned CS-MU-CO. Across FM 1626 to the south are multifamily, medical office and convenience store land uses zoned MF-2 and CS-MU-CO. The subject property has frontage on both IH 35 and FM 1626, and the proposed site plan includes access to both roadways. The applicant is proposing a 128,710 square foot General Retail (General) store, as well as associated parking, drives and other features. Section 25-2-815 of City Code states that a store with 100,000 square feet or more of gross floor area is a “Large Retail Use” and requires a conditional use permit. Environmental: The site is located in the Onion Creek Watershed and subject to current watershed regulations. Transportation: All parking spaces are located on-site. 04 SPC-2025-0376A - Living Spaces South Austin; District 51 of 9Living Spaces South Austin SPC-2025-0376A 2 SURROUNDING CONDITIONS: Zoning/ Land Use Site: North: East: South: West: CS-CO, Undeveloped CS-MU-CO, CS-CO, Driveway, Automobile dealership IH 35 MF-2, CS-MU-CO, Multifamily, Medical office, Convenience store CS-MU-CO, Multifamily NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Onion Creek Homeowners Assoc. Friends of Austin Neighborhoods South Austin Neighborhood Alliance (SANA) CONDITIONAL USE PERMIT D. 25-5-145. A site plan may not adversely affect the public health, safety, or welfare, or materially injure property. If the Land Use Commission determines that a site plan has an adverse effect or causes a material injury under this subsection, the Land Use Commission shall identify the adverse effect or material injury. § 25-5-146 CONDITIONS OF APPROVAL. (A) To make a determination required for approval under Section 25-5-145 (Evaluation Of Conditional Use Site Plan), the Land Use Commission may require that a conditional use site plan comply with a condition of approval that includes a requirement for: a special yard, open space, buffer, fence, wall, or screen; landscaping or erosion; a street improvement or dedication, vehicular ingress & egress, or traffic circulation; signs; characteristics of operation, including hours; a development schedule; or other measures that the Land Use Commission determines are required for (1) (2) (3) (4) (5) (6) (7) compatibility with surrounding uses or the preservation of public health, safety, or welfare. CONDITIONAL USE PERMIT REVIEW AND EVALUTATION CRITERA A. The following evaluation is included to provide staff position on each point of the conditional use permit criteria. Section 25-5-145 of the Land Development Code states: “The Planning Commission shall determine whether the proposed development or use of a conditional use site plan complies with the requirements of this section. A conditional use site plan must: B. 1. Comply with the requirements of this title; Staff Response: This site plan complies with all regulations and requirements of the Land Development Code. 2. Comply with the objectives and purposes of the zoning district; Staff Response: The proposed General Retail (General) use is a permitted use in the CS-CO zoning district; since the use exceeds 100,000 square feet of gross floor area, it is also considered a Large Retail use which requires a conditional use permit. 3. Have building height, bulk, scale, setback, open space, landscaping, drainage, access, traffic 04 SPC-2025-0376A - Living Spaces South Austin; District 52 of 9 Living Spaces South Austin SPC-2025-0376A 3 circulation, and use that is compatible with the use of an abutting site; Staff Response: The site plan complies with all requirements of the Land Development Code. 4. Provide adequate and convenient off-street parking and loading facilities; and Staff Response: Adequate parking and loading facilities are provided on-site. 5. Reasonably protect persons and property from erosion, flood, fire, noise, glare, and similar adverse effects. Staff Response: The site plan will comply with all requirements of the Land Development Code and reasonably protects the health, safety, and welfare of persons and property. 6. For conditional use located within the East Austin Overlay district, comply with the goals and objectives of a neighborhood plan adopted by the City Council for the area in which the use is proposed. Staff response: The proposed project is not in the East Austin Overlay. C. In addition, a conditional use site plan may not: 7. More adversely affect an adjoining site than would a permitted use; Staff Response: General Retail (General)/Large Retail land use would not more adversely affect an adjoining use than would a permitted use. 8. Adversely affect the safety or convenience of vehicular or pedestrian circulation, including reasonably anticipated traffic and uses in the area; or Staff Response: The site plan does not adversely affect the safety and convenience of vehicular and pedestrian circulation. 9. Adversely affect an adjacent property or traffic control through the location, lighting, or type of a sign. Staff Response: All signs and lighting will comply with the Land Development Code. EXHIBITS A - Site Location Map B - Aerial Exhibit C – Applicant’s Summary Letter D - Site Plan 04 SPC-2025-0376A - Living Spaces South Austin; District 53 of 9 04 SPC-2025-0376A - Living Spaces South Austin; District 54 of 9 Property Profile Living Spaces Aerial Exhibit Legend Review Cases Site Plan Review Cases- IN REVIEW Zoning Zoning Text Jurisdiction Fill Jurisdiction FULL PURPOSE LIMITED PURPOSE EXTRATERRITORIAL JURISDICTION EXTRATERRITORIAL JURISDICTION EXTRATERRITORIAL JURISDICTION 2 MILE ETJ AGRICULTURAL AGREEMENT OTHER CITY LIMITS OTHER CITY LIMITS OTHER CITIES ETJ OTHER CITIES ETJ Notes 0 500 1000 ft 12/19/2025 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. This product has been produced by the City of Austin for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 04 SPC-2025-0376A - Living Spaces South Austin; District 55 of 9ARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 MICHAEL J. WHELLAN (512) 435-2320 mwhellan@abaustin.com November 20, 2025 Keith W. Mars, AICP, Interim Director City of Austin Permitting & Development Center 6310 Wilhelmina Delco Drive Austin, Texas 78752 Re: Land Use Commission Site Plan Application-Conditional Use Permit for the property located at 620 ½, 622, 622 ½, and 624 ½ E FM 1626 Rd. and 11100 S IH 35 SVRD SB, Austin, Texas 78748; also known as TCAD Parcel Nos. 0440110403 and 0440110402 (the “Property”) Dear Director Mars: On behalf of the Riddell Family Limited Partnership (the “Applicant”), please accept the enclosed application requesting a Conditional Use Permit for a Large Retail Use (the “Application”). The Property is a 12.44-acre tract located at the northwest corner of IH 35 and FM 1626, immediately adjacent to the IH-35 southbound frontage road. The Applicant is proposing to construct an approximately 129,000 square foot furniture warehouse and home décor store (the “Project”). The Property is part of the 65-acre Double Creek Village tract, which was rezoned from Interim- Rural Residence (“I-RR”) to General Commercial Services-Conditional Overlay (“CS-CO”) under Case No. C14-03-0053. As part of that rezoning, the City accepted a Traffic Impact Analysis (“TIA”) that anticipated substantial commercial intensity on the site, including 475,000 square feet of shopping center and 175,000 square feet of home improvement superstore (Attachment A). The TIA was amended in 2018 in connection with a zoning update, at which time the uses were revised to include 126,600 square feet of retail shopping center, 750 multifamily units, and automobile sales and restaurant uses. Both TIAs were memorialized in recorded restrictive covenants at the time of rezoning. In alignment with the TIA assumptions, portions of Double Creek Village have since been developed with multifamily residential uses and two car dealerships. The Applicant has submitted Site Plan No. SP-2025-0161C to build out the planned retail component. The proposed Project is consistent with the retail intensity proposed in the 2018 TIA and remains below the trip generation assumptions. 04 SPC-2025-0376A - Living Spaces South Austin; District 56 of 9 In 2007, the City amended the Land Development Code to classify Large Retail Uses (which include general retail sales over 100,000 square feet) as conditional uses. Thus, in accordance with City Code § 25-2-815, we are seeking a Conditional Use Permit in order to construct the Project. The Property is an appropriate location for a large retail use given its frontage along IH-35. The Project will also provide meaningful tax revenue to the City. For comparison, a similar large home- furniture store in Pflugerville was appraised in 2025 at $85 million, including $64 million in improvements. That project is expected to generate approximately $454,750 in city property tax this year under a tax rate comparable to Austin’s. In addition to adding to the City’s property tax base, the Project will also generate meaningful sales tax revenue. In summary, the Project is consistent with the longstanding vision for Double Creek Village and is located along a highway that provides appropriate access for retail of this scale. The Project will also deliver millions of dollars in ongoing property and sales tax dollars for the City of Austin. Thank you for your time and consideration of this Application. Please do not hesitate to contact me at (512) 435-2348 with any questions. Sincerely, Michael J. Whellan 04 SPC-2025-0376A - Living Spaces South Austin; District 57 of 9 LIVING SPACES SOUTH AUSTIN 11100 S IH-35 SVRD SB AUSTIN, TEXAS, 78748 CIVIL CONSTRUCTION PLANS Austin Fire Department SHEET INDEX Sheet Description COVER SHEET CONDITIONAL USE SITE PLAN Sheet No. 01 02 TRAVIS COUNTY CITY OF AUSTIN E FM 1626 OWNER DEVELOPER ENGINEER: SURVEYOR: ARCHITECT: MEP: D NIO R O T N N A A D S L O 5 E 3 T A T S R E T IN SITE LOCATION MAP E STAT OF TEXA S LANDSCAPE ARCHITECT: PREPARED FOR: LIVING SPACES BRENT TULEY 130827 LI C E N SED GI SIONAL NE R E E ROF ES N P 14501 ARTESIA BLVD LA MIRADA, CALIFORNIA 90638 JULY 2025 AUSTIN I SAN ANTONIO I HOUSTON I FORT WORTH I DALLAS 10801 N MOPAC EXPY, BLDG 3, STE 200 I AUSTIN, TX 78759 I 512.454.8711 TBPE FIRM REGISTRATION #470 I TBPLS FIRM REGISTRATION #10028801 I N T S U A H T U O S E C A P S G N V I L I SUBMITTED BY: SITE PLAN APPROVAL SHEET 01 OF 57 SITE PLAN RELEASE FILE NUMBER SP-2025-0161C APPLICATION DATE JULY 23, 2025 APPROVED BY COMMISSION UNDER SECTION OF 112 CHAPTER 25-5 OF THE CITY OF AUSTIN CODE. EXPIRATION DATE ____________________CASE MANAGER HEATHER CHAFFIN PROJECT EXPIRATION DATE ORD. #970905-A) DWPZ DDZ DEVELOPMENT SERVICES DEPARTMENT RELEASED FOR GENERAL COMPLIANCE: ZONING Rev. 1 Correction 1 Rev. 2 Correction 2 Rev. 3 Correction 3 MF-3 Final plat must be recorded by the Project Expiration Date, if applicable. Subsequent Site Plans which do not comply with the Code current at the time of filing, and all required Building Permits and/or a notice of construction (if a building permit is not required), must also be approved prior to the Project Expiration Date. 01 of 02 SP-2025-0161C 0 0 - 3 8 5 1 5 . O N B O J D P X X X X X X . O N T A L P 11/20/202504 SPC-2025-0376A - Living Spaces South Austin; District 58 of 9 LEGEND E STAT OF TEXA S BRENT TULEY 130827 I C E N SED GI SIONAL NE L ES R E E ROF N P 10' Inlet ACCESSIBLE VAN VAN ACCESSIBLE S A L L A D I H T R O W T R O F I N O T S U O H I O I N O T N A N A S I N I T S U A 10801 N MOPAC EXPY, BLDG 3, STE 200 I AUSTIN, TX 78759 I 512.454.8711 1 0 8 8 2 0 0 1 # N O I T A R T S I G E R M R I F S L P B T I 0 7 4 # N O I T A R T S I G E R M R I F E P B T GENERAL NOTES: ACCESSIBILITY NOTES: SITE PLAN RELEASE NOTES: SITE PLAN RELEASE FILE NUMBER SP-2025-0161C APPLICATION DATE JULY 23, 2025 APPROVED BY COMMISSION UNDER SECTION OF 112 CHAPTER 25-5 OF THE CITY OF AUSTIN CODE. EXPIRATION DATE ____________________CASE MANAGER HEATHER CHAFFIN PROJECT EXPIRATION DATE ORD. #970905-A) DWPZ DDZ DEVELOPMENT SERVICES DEPARTMENT RELEASED FOR GENERAL COMPLIANCE: ZONING Rev. 1 Correction 1 Rev. 2 Correction 2 Rev. 3 Correction 3 CS-CO Final plat must be recorded by the Project Expiration Date, if applicable. Subsequent Site Plans which do not comply with the Code current at the time of filing, and all required Building Permits and/or a notice of construction (if a building permit is not required), must also be approved prior to the Project Expiration Date. SP-2025-0161C I N T S U A H T U O S S E C A P S G N V I L I 8 4 7 8 7 X T , I N T S U A , B S D R V S 5 3 - H I S 0 1 1 1 I I N A L P E T S T M R E P E S U L A N O T D N O C I I 12 OF 57 11/20/202504 SPC-2025-0376A - Living Spaces South Austin; District 59 of 9