04 C14-2026-0049 - 7217 McNeil Dr. Zoning Change; District 6 - Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2026-0049 (7217 McNeil Dr. Zoning Change) DISTRICT: 6 ADDRESS: 7217 McNeil Drive ZONING FROM: SF-3 SITE AREA: 0.33 acres TO: CS PROPERTY OWNER: McNeil Road A Services Established Under LWR Management LLC Rother Company, the General Partner (Kyle Rother) APPLICANT/AGENT: Civilitude LLC (Laith Mahmoud) 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: August 4, 2026 CITY COUNCIL ACTION: ORDINANCE NUMBER: 04 C14-2026-0049 - 7217 McNeil Dr. Zoning Change; District 61 of 13 ISSUES: N/A CASE MANAGER COMMENTS: The property in question is a 0.33 acre site that is currently developed with a single-family residence fronting McNeil Drive. The lots to the east contain an office/warehouse zoned CS and a construction sales and services use zoned CS-CO. To the west, there is a restaurant use (Taqueria Jessica) and an outdoor food trailer court with surface parking and auxiliary warehouse structures, zoned CS-1-CO and CS-CO. Across McNeil Drive to the north, there is a one-story office/warehouse park (McNeil Corporate Office Park) zoned LI-CO. To the south, there is a warehouse with outdoor storage that is part of a construction sales and services business that fronts McNeil Drive zoned CS-CO. In this case, the applicant is requesting CS zoning to utilize the existing structure for a professional office. The property meets the intent of the CS base district as it is located within a commercial area fronting a level 4/arterial roadway. The proposed zoning is consistent with existing zoning as the lots adjacent this site to the north, south, east and west are zoned LI-CO, CS, CS-1-CO and CS-CO respectively and contain commercial and light industrial uses. The proposed zoning will permit the applicant to utilize the property for office, civic and commercial uses that are consistent with surrounding land use patterns in this area. The site under consideration is within the designated ‘183 & McNeil Neighborhood Center’, as identified on the Growth Concept Map in the Imagine Austin Comprehensive Plan. There are public transportation options in this area as there are sidewalks and a bike lane along McNeil Drive and there is a Capital Metro bus stop within 0.25 miles at the intersection of McNeil Drive and Research Boulevard. The applicant agrees with the staff’s recommendation. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. General commercial services (CS) district is the designation for a commercial or industrial use of a service nature that has operating characteristics or traffic service requirements that are incompatible with residential environments. The property in question fronts on and takes access to McNeil Drive, a Level 4/ arterial roadway. 2. The proposed zoning should promote consistency and orderly planning. The General Commercial Services (CS) district would be compatible and consistent with the surrounding zoning and land use patterns because there is LI-CO, CS, CS-1-CO and CS-CO zoning surrounding the property and existing commercial and industrial uses to the north, south, east and west of this site. 04 C14-2026-0049 - 7217 McNeil Dr. Zoning Change; District 62 of 13 3. The proposed zoning should allow for a reasonable use of the property. The CS zoning district would allow for a fair and reasonable use of the site. The General Commercial Services district is appropriate for this property as it is located within the designated ‘183 & McNeil Neighborhood Center’, identified on the Growth Concept Map in the Imagine Austin Comprehensive Plan. EXISTING ZONING AND LAND USES: ZONING LAND USES SF-3 Site North LI-CO South CS-CO East CS, CS-CO West CS-1-CO, CS-CO Single-Family Residence Office/Warehouse (McNeil Corporate Office Park) Warehouse/Outdoor Storage Office/Warehouse, Construction Sales and Services (AusTex Fence and Deck) Restaurant (Taqueria Jessica), Food Court, Surface Parking, Warehouse Structures NEIGHBORHOOD PLANNING AREA: N/A WATERSHED: Rattan Creek CAPITOL VIEW CORRIDOR: N/A SCENIC ROADWAY: N/A NEIGHBORHOOD ORGANIZATIONS: Friends of Austin Neighborhoods, Homeless Neighborhood Association SCHOOLS: Round Rock I.S.D. AREA CASE HISTORIES: NUMBER REQUEST COMMISSION C14-2025- 0070 (McNeil Rezoning: 7221 McNeil Drive CS-CO to CS-1 for Tract1 and CS-CO for Tract 2 9/16/2025: Approved staff's recommendation of CS-1-CO for Tract 1 and CS-CO zoning for Tract 2 , with a CO to prohibit Adult Oriented Businesses, by consent (9-0, L. Osto Lugo- absent); L. Stern-1st, A. Flores-2nd. CITY COUNCIL 10/23/2025: Approved CS-1-CO for Tract 1 and CS-CO zoning for Tract 2 by consent on 1st reading only (10-0, V. Fuentes-absent); K. Laine-1st, M. Siegel-2nd. 12/11/2025: The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20251211-115 for commercial- liquor sales (CS-1-CO) district 04 C14-2026-0049 - 7217 McNeil Dr. Zoning Change; District 63 of 13 zoning for Tract 1 and general commercial services-conditional overlay (CS-CO) combining district zoning for Tract 2 was approved on Mayor Pro Tem Fuentes’ motion, Council Member Alter’s second on an 11-0 vote. 9/12,/2024: The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20240912-093 for general commercial services (CS) district zoning was approved on Council Member Vela's motion, Council Member Ellis' second on an 11-0 vote. 12/02/2021: Approved CS zoning on all 3 readings (10-0, G. Casar- off dais); M. Kelly-1st, P. Ellis- 2nd. 3/28/19: Approved CS zoning by consent on all 3 readings (11-0); P. Renteria-1st, J. Flannigan-2nd. 1/26/17: Approved ZAP Commission’s recommendation of GR-CO zoning, with conditions, on 1st reading on consent (11-0); D. Garza-1st, P. Renteria-2nd. 3/02/17: Ordinance No. 20170302- 050 was approved for community commercial-conditional overlay (GR-CO) combining district zoning, with conditions, on Council Member Troxclair’s motion, Council Member Flannigan’s second on a 10-0 vote. Council Member Kitchen was off the dais. LI-CO to CS C14-2024- 0087 (12104 Jekel Circle) 8/06/ 2024: Approved staff's recommendation of CS zoning by consent (7-0, A. Flores and L. Stern absent); D. Fouts-1st, R. Puzycki-2nd. SF-3 to CS C14-2021- 0147 (12117 Jekel Circle) C14-2018-0148 (12202 Pecan Street Rezoning) SF-3 to CS C14-2016-0123 (6914 McNeil Dr.) 11/02/ 2021: Approved staff's recommendation of CS zoning by consent (9-0, C. Acosta- absent); A. Denkler-1st, T. Bray- 2nd. 3/05/19: Approved the staff’s recommendation of CS zoning by consent (9-0, D. Breithaupt- absent); B. Evans-1st, S. Lavani- 2nd. 1/17/17: Approved staff recommendation of GR-CO zoning, with CO to prohibit the following uses: Automotive Rentals, Automotive Repair Services, Automotive Sales Automotive Washing (of any type), Bail Bond Services Commercial Off-Street Parking Drop Off Recycling Facility Exterminating Services, Funeral Services, Pawn Shop Services Research Services, Service Station; with additional conditions to prohibit Hospital Services, Alternative Financial Services, and Drive-In Services uses and to include a public restrictive covenant to require the installation of sidewalks and sidewalk improvements (8-2, J. Kiolbassa, B. Greenberg-No; D. 04 C14-2026-0049 - 7217 McNeil Dr. Zoning Change; District 64 of 13 C14-2015-0136 (6914 McNeil Dr.) I-RR to GR C14-2012-0099 (Myers Zoning Change: 6810 McNeil Drive) I-SF-2 to CS GR 12/10/15: Postponed to February 11, 2016 at the staff’s request (10-0, S. Adler-absent) 02/11/16: Postponed indefinitely at the request of the applicant (11-0); L. Pool-1st, D. Zimmerman-2nd. 11/08/12: Approved GR-CO zoning on consent on 1st reading (6-0, S. Cole-off dais); L. Morrison-1st, M. Martinez-2nd. 12/13/12: Approved GR-CO zoning on consent on 2nd/3rd readings (7-0), L. Morrison-1st, B. Spelman-2nd. Breithaupt-absent); S. Harris-1st, B. Evans-2nd. 11/17/15: Postponed at the applicant’s request to December 15, 2015 (10-0); A. Denkler-2nd, B. Evans-2nd. 12/15/16: Postponed at the applicant’s request to January 5, 2016 (7-0, D. Breithaupt, Y. Flores, S. Harris-absent); B. Evans-1st, S. Lavani-2nd. 01/05/16: Postponed at the applicant’s request to January 19, 2016 (8-0, S. Lavani-absent, J. Goodman-arrived late); T. Webber-1st, A. Denkler-2nd. 01/19/16: Postponed at the applicant’s request to February 2, 2016 (10-0); T. Webber-1st, S. Lavani-2nd. 02/02/16: Approved applicant’s request for an indefinite postponement (10-0); J. Goodman-1st, J. Kiolbassa-2nd. Case expired on July 31, 2016 in accordance with LDC Section 25-2-246(A)(2). 11/06/12: Approved GR-CO zoning (6-0, G. Rojas-absent); P. Seeger-1st, J. Meeker-2nd, with the following conditions 1) Limit the development intensity for the site to less than 2,000 vehicle trips per day, 2) Prohibit the following uses as offered by the applicant: Automotive Repair Services, Automotive Washing (of any kind), Bail Bond Services, Commercial Off-Street Parking, Drop-Off Recycling Collection Facility, Exterminating Services, Food Sales, Funeral Services, Hotel/Motel, Indoor Entertainment, Indoor Sports and Recreation, Off-Site Accessory Parking, Outdoor Entertainment, 04 C14-2026-0049 - 7217 McNeil Dr. Zoning Change; District 65 of 13 Outdoor Sports and Recreation, Plant Nursery, Theater, Custom Manufacturing, College and University Facilities, Communication Service Facilities, Community Recreation (Private & Public), Counseling Services, Guidance Services, Hospital Services (General), Hospital Services (Limited), Local Utility Services, Private Primary Educational Facilities, Private Secondary Educational Facilities, Public Primary Educational Facilities, Residential Treatment, Safety Services; 3)Add Automotive Sales and Service Station as prohibited uses. 4) Prohibit/restrict hours of operation between 12:00 a.m. and 6:00 a.m. 7/01/08: Approved staff’s rec. of added zoning, with LI-CO condition to prohibit Adult Oriented Businesses, by consent (6-0, J. Martinez, K. Jackson- absent) T. Rabago-1st, J. Shieh- 2nd. Approved of staff’s 7/01/08: recommendation LI-CO zoning, with added condition to Oriented Adult prohibit Businesses, by consent (6-0, J. Martinez, K. Jackson-absent) T. Rabago-1st, J. Shieh-2nd. 6/17/08: Approved SF-6-CO district zoning with conditions of: Restricting to no duplexes, multi-family, town homes or condominiums; Maximum of 30 units; 25’ undisturbed vegetative setback and a 50’ building setback from the northern property line; 300 vehicle trips per day; Commissioner Keith 8/07/08: Approved LI-CO district zoning, with the following conditions: 2,000 vtpdl, prohibit Adult Oriented Businesses and 35- feet of right-of-way should be dedicated from the centerline of Pecan Street through a street deed, by consent (7-0); B. McCracken-1st, S. Cole-2nd. 8/07/08: Approved LI-CO district zoning, with the following conditions: 2,000 vtpdl, prohibit Adult Oriented Businesses and 35- feet of right-of-way should be dedicated from the centerline of Jekel Circle through a street deed, by consent (7-0); B. McCracken-1st, S. Cole-2nd. 7/24/08: Approved the ZAP Commission’s rec. ofSF-6-CO zoning, with restrictions as follows: no attached single family dwellings and 35’ height limitation with exceptions allowed under the Code up to 40’. The parking will be agreed upon by involved parties. C14-2008-0098 (12205 Pecan Street) SF-3 to LI SF-3 to LI C14-2008-0095 (Jekel Rezoning: 12214 Jekel Circle) I-RR to MF-3 C14-2008-0069 (IABA Phase-1: 12460 Los Indios Trail) 04 C14-2026-0049 - 7217 McNeil Dr. Zoning Change; District 66 of 13 Jackson’s motion, Commissioner Joseph Martinez second the motion on a vote of 8-0; with 1 vacancy on this commission. 8/26/03: Approved staff’s recommendation of ‘P’ zoning by consent (8-0, K. Jackson- absent); J. Martinez-1st, J. Gohil- 2nd. 6/3/03: Approved GO-CO zoning, with the following conditions: 1) Limit the development intensity on the site to less than 2,000 vehicle trips per day. 2) Allow GO, General Office district, zoning height (60 feet) and impervious cover (80%) standards. Limit all other site development regulations to LO, Limited Office district, zoning standards. 3) Permit LO district uses (prohibit the following GO district uses): Business or Trade School, Business Support Services, College and University Facilities, Congregate Living, Hospital Services (General), Hospital Services (Limited), Private Secondary Education Facilities, Off-Site Accessory Parking, Personal Services, Restaurant (Limited); 4) Provide a 25-foot setback (buffer zone) from the North property line for the area that is zoned SF-1. 5) Provide a 25-foot setback from the East property line for the area that is zoned SF-1 and the lot zoned SF-2. 5/6/03:Approved staff’s rec. of CS-CO zoning with condition to prohibit the following uses: • Drop-off Recycling SF-4A to P SF-6-CO to GO C14-03-0107 (Los Indios Lift Station: 12507 Oro Valley Trail) C14-03-0074 (Gateway Community Church: 7014 McNeil Drive) SF-3 to CS C14-03-0059 (McNeil Deal: 6917 McNeil Drive) (7-0); Council Member Cole-1st, Council Member Martinez-2nd; 1st reading 7/23/09: Approved SF-6-CO zoning on consent on 2nd/3rd readings (7-0); Morrison-1st, Martinez-2nd. 9/25/03: Granted ‘P’ (7-0); all 3 readings 7/17/03: Granted GO-CO; prohibiting vehicle access to Lobelia Dr. (7-0); all 3 readings 6/5/03: Approved CS-CO (7-0); all 3 readings 04 C14-2026-0049 - 7217 McNeil Dr. Zoning Change; District 67 of 13 C14-00-2218 (6514 McNeil Drive) I-RR to GO C14-99-0095 SF-3 to CS Collection Facility • Scrap and Salvage • Convenience Storage • Pawnshop Services (8-0, K. Jackson-absent) 2/13/01: Approved staff rec. of GO-CO by consent (9-0) 6/29/99: Approved staff’s alternate rec. of CS-CO (8-0) 3/22/01: Approved GO-CO zoning, with the following conditions: 660 vehicle trip limit and 40 foot height limit (7-0); all 3 readings 7/29/99: Approved PC rec. of CS- CO (6-0); all 3 readings RELATED CASES: OTHER STAFF COMMENTS: Comprehensive Planning Project Name and Proposed Use: 7217 MC NEIL DRIVE. C14-2026-0049. Project: 7217 McNeil Dr. Zoning Change. 0.33 acres from SF-3 to CS. Existing: single-family detached house (1 unit). Proposed: general office building. 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 *: • Within 183 & McNeil Neighborhood Center Y Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or light rail station. • 0.17 miles to bus stop along McNeil Drive Y Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane. • A bike lane is present along one side of McNeil Drive Y Connectivity, Good and Services, Employment *: Provides or is located within 0.50 miles to goods and services, and/or employment center. • Goods and Services present along McNeil Drive and Spicewood Springs Road Y Connectivity and Food Access *: Provides or is located within 0.50 miles of a grocery store/farmers market. • 0.4 miles to HEB along Spicewood Springs Road 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.) • Dental services present along McNeil Drive 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, 04 C14-2026-0049 - 7217 McNeil Dr. Zoning Change; District 68 of 13 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. Y Culture and Creative Economy *: Provides or is located within 0.50 miles of a cultural resource (ex: library, theater, museum, cultural center). • 0.4 miles to the Spicewood Springs Branch of the Austin Public Library 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 7 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 located over the North Edwards Aquifer Recharge Zone. The site is in the Rattan Creek Watershed, which is classified as a Suburban Watershed by Chapter 25-8 of the City's Land Development Code. It 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 with Single-Family Residential (min. lot size 5750 sq. ft.) One or Two Family Residential (lot size < 5750 sq. ft.) Multifamily Residential Commercial 45% 55% 60% 65% Transfers 50% 60% 65% 70% 04 C14-2026-0049 - 7217 McNeil Dr. Zoning Change; District 69 of 13 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. 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 FYI: All comments regarding the effects of the proposed rezoning on subsequent Site Plan Review applications are intended to assist in identifying potential development constraints but do not include all regulations which may affect a specific proposal. Changes to property boundaries and requests for development cannot include all regulatory limitations which may apply to a specific subject to modification or reconsideration if affected by a change in property boundaries or if development is proposed on only a portion of the land proposed for rezoning. These comments are intended to assist in identifying potential development constraints, but do not address the actual restrictions which will apply to a specific development proposal. Austin Development Services offers a variety of pre-application review options to assist in evaluating specific development proposals prior to Site Plan Application. Site plans will be required for any new development except for residential only project with up to 4 units. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. 04 C14-2026-0049 - 7217 McNeil Dr. Zoning Change; District 610 of 13 Transportation 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. Transportation assessment/traffic impact analysis and transportation demand management plan shall be required at the time of site plan if triggered per LDC 25-6 and TCM 10.2.1. The Austin Strategic Mobility Plan (ASMP) calls for 120 feet of right-of-way for McNeil Dr. It is recommended that 60 feet of right-of-way from the existing centerline should be dedicated for McNeil Dr according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. 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) Mc Neil Dr Level 4 120 feet Approx 73 feet Approx 57 feet No Yes Yes 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 04 C14-2026-0049 - 7217 McNeil Dr. Zoning Change; District 611 of 13EXHIBIT A 04 C14-2026-0049 - 7217 McNeil Dr. Zoning Change; District 612 of 13EXHIBIT B 04 C14-2026-0049 - 7217 McNeil Dr. Zoning Change; District 613 of 13