03 C14-2026-0057 - 3601 Davis Lane; District 8 - Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2026-0057 - 3601 Davis Lane DISTRICT: 8 ZONING FROM: GR-CO ZONING TO: CS-CO ADDRESS: 3601 Davis Lane PROPERTY OWNER: W.W. Deerfield, Ltd. SITE AREA: 2.89 acres (125, 888 sq. ft.) AGENT: Armbrust & Brown, PLLC (Michael Whellan) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMEDATION: The staff recommendation is to deny general commercial services – conditional overlay (CS-CO) combined district zoning. The conditional overlay will: 1) limit development of the property to the following: • Maximum height – 50 feet • Maximum floor area ratio – 1:1 • Maximum building coverage - 50% 2) prohibit the following uses: • Automotive rentals • Automotive repair services • Automotive sales • Automotive washing (of any type) • Campground • Custom manufacturing • Commercial off-street parking • Construction sales and services • Drop-off recycling collection facility • Electronic prototype assembly • Electronic testing • Exterminating services • Hospital (general) • Hospital (limited) • Limited warehousing and distribution • Medical offices exceeding 5,000 square feet of gross floor space • Off-site accessory parking • Pawn shop services • Service station • Vehicle storage ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: October 6, 2026: CITY COUNCIL ACTION: 03 C14-2026-0057 - 3601 Davis Lane; District 81 of 16C14-2026-0057 2 ORDINANCE NUMBER: ISSUES: This property is subject to Ordinance No. 980813-C, which settled disputes regarding the applicability of the Save Our Springs (SOS) Ordinance. CASE MANAGER COMMETNS: The property in question is approximately 2.89 acres and undeveloped. The property has access to Davis Lane (ASMP Level 3) and Deer Lane (ASMP Level 1) and is currently zoned community commercial – conditional overlay (GR-CO) combined district zoning. The surrounding area is characterized as mixed use with commercial services and multifamily in the area (GR-CO; LR; CS-1; MF-1; PUD). There is a public (P) zoning to the west, developed with fire station 29 and to the south is the William H. Russel Karst preserve (I- RR). Please refer to Exhibits A (Zoning Map) and B (Aerial View). The property is also located in Edwards Aquifer Recharge zone, an environmentally sensitive area and it is in the Drinking Water Protection Zone. There is a Critical environmental feature (CEF) setback on the property along with a 60 foot pipeline easement. The City of Austin Pipeline Ordinance prohibits a use requiring evacuation assistance within 500 feet of a hazardous pipeline. This includes Medical Offices exceeding 5,000 ft of gross floor area, which is why this use is currently prohibited on the property. The applicant is requesting commercial services – conditional overlay (CS-CO) combined district zoning to develop a mini warehouse with the convenient storage use. The property is currently subject to the following development standards: a maximum height of 40 feet or 3 soties, a floor to area ratio of 0.5 to 1 and a building coverage of 50%. The request includes the following modifications for development standards: a maximum height of 50 feet, a floor to area ratio of 1 to 1 and no change in building coverage. Please refer to Exhibit C (Applicant’s Summary Letter). Staff is not recommending general CS-CO combined district zoning as it is not compatible with the surrounding zoning districts and would not align with staff’s planning principles. This property was recently rezoned with case number C14-2023-0068, to community commercial – conditional overlay (GR-CO) and staff believe this is still the appropriate zoning for this property. There have not been any significant changes in the surrounding area to modify the 2023 staff recommendation of GR-CO. The property is not located at a major intersection; it is located further west of the Brodie and Davis Lane signalized intersection. Please refer to Exhibit D (Ordinance No. 20231130-105). BASIS OF RECOMMENDATION: 1. Zoning should promote the policy of locating retail and more intensive zoning near the intersections of arterial roadways or at the intersections of arterials and major collectors. 03 C14-2026-0057 - 3601 Davis Lane; District 82 of 16 C14-2026-0057 3 Davis Lane and Brodie Lane are each ASMP Level 3 roadways and largely characterized by residential and neighborhood supportive commercial development. Staff noted the absence of CS zoning in the surrounding land use pattern, including at the higher traffic intersections of Brodie Lane at West William Cannon Drive and West Slaughter Lane, which are each Imagine Austin Activity Corridors and ASMP Level 4 roadways. A rezoning to the CS base district zoning on this property would not be consistent with planning principles as it would concentrate intense commercial uses away from the intersection. 2. Zoning changes should promote compatibility with adjacent and nearby uses. The GR district is intended for office and commercial uses serving neighborhood and community needs, including both unified shopping centers and individually developed commercial sites, and typically requiring locations accessible from major traffic ways. The CS 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. In 2023 staff recommended GR-CO as the request met the intent of the GR district and was compatible with the adjacent and nearby uses. 3. No change in conditions has occurred within the area indicating that there is a basis for changing the originally established zoning and/ or development restrictions for the property. The property was recently rezoned to GR-CO in 2023 (C14-2023-0068). There have not been significant changes in the area that would merit an increase in intensity at this location. Granting this rezoning would not be consistent with recent nearby rezonings of parcels to the south and east. As such, there is not a basis for a change in staff’s previous recommendation or rezoning the property. Please refer to Exhibit D (Ordinance No. 20231130-105). EXISTING ZONING AND LAND USES: ZONING LAND USES Site North MF-1 GR-CO South East West LR I-RR PUD LR GR-CO CS-1 P Undeveloped Multifamily Residential Undeveloped Single Family Medical Offices Nature Preserve Swim School Pharmacy and Gas Station Bar Austin Fire Station 29 NEIGHBORHOOD PLANNING AREA: No WATERSHED: Williamson Creek – Barton Spring Zone 03 C14-2026-0057 - 3601 Davis Lane; District 83 of 16 C14-2026-0057 4 CAPITOL VIEW CORRIDOR: No SCENIC ROADWAY: No SCHOOLS: Austin Independent School District Cowan Elementary School Covington Middle School Bowie High School COMMUNITY REGISTRY LIST: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Brodie Heights Condominiums Brodie Lane Homeowners Assoc. Circle C Neighborhood Assn. Deer Park Owners Association, Inc. Friends of Austin Neighborhoods Go Austin Vamos Austin 78745 Homeless Neighborhood Association Maple Run-Wheeler Creek-Woodstone Village Neighborhood Empowerment Foundation Oak Hill Association of Neighborhoods (OHAN) Onion Creek Homeowners Assoc. Palomino Park HOA Preservation Austin SELTexas Save Barton Creek Assn. Save Our Springs Alliance Sierra Club Austin Regional Group South Austin Neighborhood Alliance (SANA) TNR BCP - Travis County Natural Resources AREA CASE HISTORIES: NUMBER C14-2026-0001 C14-2022-0051 REQUEST GR-CO to GR-CO; for a change in conditions to add Drive thru as a permitted use LR to GR-CO. C14-2017-0095 LR to GR-CO. COMMISSION To Grant GR-CO (06/2/2026) CITY COUNCIL Approved GR-CO (07/23/2026) To Grant GR-CO (06/21/2022) Approved GR-CO (07/28/2022) To Grant GR-CO (09/05/2017) Approved GR-CO (10/05/2017) C814-04-0024 DR to PUD Brodie 31 c/o Walters Southwest To Grant PUD (07/29/2004) Approved PUD (09/02/2004) To Grant Amendment (01/10/1991) Approved C14-90-0053 Amending Chapter 13-2 of the Austin City Code rezoning property locally known as 8500-8900 Brodie Lane from DR, development Reserve, to: LR, Neighborhood Commercial Tract 1: GR, Tract 2: LR, Tract 3: GR, Tract 4: GR, Tract 5: MF-2-CO (Low Density), Tract 6: SF-2 (Standard lot), Tract 7: Cullen Center Bank & Trust By Brad Burns. (02/06/1992) 03 C14-2026-0057 - 3601 Davis Lane; District 84 of 16 C14-2026-0057 C14-95-0025 SF-2 (Standard Lot), LR & GR to MF2-CO Approved MF-2-CO 5 Approved MF-2-CO (06/01/1995) C14-96-0052 SF-2 (Standard Lot) to MF-1-CO Approved MF-1-CO Approved MF-1-CO (08/15/1995) RELATED CASES: C14-2023-0068 – 3601 Davis Lane: The applicant requested t rezone from LR to GR-CO. Zoning and Platting Commission recommended GR-CO on October 17, 2023. City Council approved GR-CO on November 30, 2023. Staff recommended GR-CO as it was consistent with the rezonings of the surrounding area. • The conditional overlay is as follows: (1) limit development of the property to LR development standards for the following: Maximum height - 40 feet or 3 stories; Maximum floor area ratio – 0.5:1; Maximum building coverage - 50% (2) prohibit the following uses: hospital (limited), hospital (general), automotive repair services, automotive sales, automotive washing (of any type), commercial off-street parking, exterminating services, off-site accessory parking, service station, medical offices - exceeding 5,000 sf/ft of gross floor space ADDITIONAL STAFF COMMENTS: Comprehensive Planning: Project Name and Proposed Use: 3601 DAVIS LANE. C14-2026-0057. Project: 3601 Davis Lane. 2.89 acres from GR-CO to CS-CO. Existing: vacant. Proposed: mini-warehouse. Note that the applicant seeks to modify the conditional overlay to 50 ft. of height and 1:1 F.A.R. Yes 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 *: 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. • Bike lane and sidewalk present along Davis Ln and Brodie Ln Y 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 at the intersection of Brodie Ln and Davis Ln 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. • 0.5 miles to Goat Cave Karst Nature Preserve 03 C14-2026-0057 - 3601 Davis Lane; District 85 of 16 C14-2026-0057 6 Y 4 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.) • Within 0.3 miles of medical center and dental services along Brodie Ln 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 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” 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: This site is located over the Edwards Aquifer Recharge Zone. The site is in the Williamson Creek Watershed of the Colorado River Basin, which is classified as a Barton Springs Zone Watershed by Chapter 25-8 of the City’s Land Development Code. It is in the Drinking Water Protection Zone. Project applications at the time of this report are subject to the SOS Ordinance that allows 15% impervious cover in the recharge zone. 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. 03 C14-2026-0057 - 3601 Davis Lane; District 86 of 16 C14-2026-0057 7 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. Runoff from the site is required to comply with pollutant load restrictions as specified in Land Development Code. 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: There are no comments. 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: 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 projects with up to 4 units. Any new development is subject to Subchapter E Commercial Design Standards. Additional comments will be made when the site plan is submitted. This tract is within the Barton Springs Overlay. Austin Transportation Department – Engineering Review: Additional right-of-way may be required at the time of subdivision and/or site plan. 03 C14-2026-0057 - 3601 Davis Lane; District 87 of 16 C14-2026-0057 8 Existing Street Characteristics: Name ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route Davis Lane Level 3 116’ 86’ 68’ Yes Yes Capital Metro (within ¼ mile) No Deer Lane Level 1 58’ 50’ 20’ No No No Austin 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 AND ATTACHMENTS TO FOLLOW: A. Zoning Map B. Aerial Map C. Applicant’s Summary Letter D. Ordinance No. 20231130-105 Correspondence from Interested Parties 03 C14-2026-0057 - 3601 Davis Lane; District 88 of 16 Exhibit A 03 C14-2026-0057 - 3601 Davis Lane; District 89 of 16Exhibit B 03 C14-2026-0057 - 3601 Davis Lane; District 810 of 16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 July 29, 2026 Joi Harden, Zoning Officer City of Austin Housing and Planning Department 1000 E. 11th St. Austin, Texas 78702 Re: Rezoning request for the property located at 3601 Davis Lane, also known as TCAD Parcel No. 0422280507 (the “Property”) Dear Ms. Harden, On behalf of W.W. Deerfield, Ltd. (the “Applicant”), please accept the attached application requesting that the City rezone the Property. The Property is a 2.8-acre tract located near the southwest corner of Davis Lane and Brodie Lane. The Applicant is seeking to rezone the Property from Community Commercial-Conditional Overlay (“GR-CO”) to General Commercial Services-Conditional Overlay (“CS-CO”) to allow more flexibility in the commercial uses that could be offered on the site and to modify the conditional overlay. In addition to changing the base zoning district from GR to CS, the proposed rezoning would modify the conditional overlay to 50 ft. of height and 1:1 floor-to-area ratio (“FAR”), staying well below the 60 ft. height maximum and 2:1 FAR permitted under the CS zoning district. The Applicant is seeking no changes to the prohibited uses or the 50 percent building coverage limitation in the existing conditional overlay. The Property is already zoned for commercial use and is located at a signalized intersection that includes Brodie Lane, a Level 3 roadway in the Austin Strategic Mobility Plan (“ASMP”). The current intersection configuration was designed to support corridor-serving commercial development at this location. Prior to 2013, Davis Lane dead-ended into Brodie Lane as a two-lane local road. In alignment with development patterns and land use policies to concentrate commercial uses along the corridors, the City extended and realigned Davis Lane to create the four-way signalized intersection that exists today, complete with dedicated and protected left-turn lanes. Given the Property’s existing commercial zoning, its location at a major signalized intersection, the surrounding commercial development pattern, and the continued limitations maintained through the conditional overlay, the requested rezoning is an appropriate and compatible modification to the Property’s existing entitlements. This rezoning aligns with the established commercial character of the corridor while maintaining meaningful development limitations through the conditional overlay. Thank you for your time and consideration. Please contact me if you have questions about this application or if you need additional information. Respectfully, Michael J. Whellan Exhibit C 03 C14-2026-0057 - 3601 Davis Lane; District 811 of 16ORDINANCE NO. 20231130-105 AN ORD NANCE REZON NG AND CHANGING THE ZONING MAP FOR THE PROPERTY LOCATED AT 3601 DAVIS LANE, BUILDING 1 FROM NEIGHBORHOOD COMMERCIAL (LR) DISTRICT TO COMMUNITY COMMERCIAL-CONDITIONAL OVERLAY (GR-CO) CON B NING D STRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. The zoning map established by Section 25-2-191 of the City Code is amended to change the base district from neighborhood commercial (LR) district to community commercial-conditional overlay (GR-CO) combining district on the property described in Zoning Case No. C 14-2023-0068, on file at the Planning Department, as follows: LOT 10-A, BLOCK D, RESUBDIVISION OF LOT IC, BLOCK D, REPLAT OF DEERFIELD AT BRODIE SUBDIVISJON SEC--ON _, a subdivision in the City of Austin, Travis County, Texas, recorded in Document No. 201800012 of the Official Public Records o f Travis County, Texas (the "Property , locally known as 3601 Davis Lane, Building 1 and generally identified in the map attached as Exhibit "A". in the City of Austin, Travis County, Texas, PART 2. The Property within the boundaries of the conditional overlay combining district established by this ordinance is subject to the following conditions: (A) (B) (C) (D) The maximum height of a building or structure on the Property shall not exceed 40 feet or three stories. Development ofthe Property shall not exceed a floor to area ratio (F.A.R.) of 0.5 to 1. Building coverage on the Property shall not exceed 50 percent. The following uses are prohibited uses of the Property: Automotive repair services Automotive washing (of any type) Exterminating services Hospital (limited) Off-site accessory parking Automotive sales Commercial off-street parking Hospital (general) Medical offices exceeding 5,000 square feet of gross floor space Service station Exhibit D Page 1 of 2 03 C14-2026-0057 - 3601 Davis Lane; District 812 of 16PART 3. Except as specifically restricted under this ordinance, the Property may be developed and used in accordance with the regulations established for the community commercial (GR) base district, and other applicable requirements ofthe City Code. PART 4. This ordinance takes effect on December 11,2023. PASSED AND APPROVED November 30 ,2023 H U -knb Kirk Watson Mayor « R Myrnd®os City Clerk APPROVED: - - ---- Anne L. Morgan City Attorney ATTEST: Page 2 of 2 03 C14-2026-0057 - 3601 Davis Lane; District 813 of 161-RR SF- 2 sy-2/ 77-4/ A »... Vi ,. 160 :Fl 0 6 S/-2BSDr??' AF11 Jl¥ F-2 96·0160 p 42 <f- e MF-1 Cl+96·0052 96-0052 SP'97·0155C ?kAF-2 d SF-3 il 0 S UNDEV Cl+03-0082 LR-CO 96-0083 82 ·04-00 90€53 APAR™ENTS 01+00-2251 C1495 0026 95-0026 MF-2-CO 053 MF-2-CO 90 053 .Fr SP974]155' l S..99.1.C 86 116 P C14-86-116 FIRE STATION DEERLN CITY PRESERVE 1-RR 1 Cl+95-0025 95-0025 LR -0-02* GR 4-90 0053 90 05 GR-CO Cl+2022-0051 UNDEV 494/9 A, 84/ e UNDEVELOPED C814-04-0024.02 200?0111 UNDEV /14·2009-0111 SP· 08 /157 GR- RE 85·280 /14·00 2251 00-2251 SP2007?226CS GR-CO LANDSCAPINGCOM RR RA#?Z.,0 . SF-1 0 RR SP-05-172 PUD C814·04·0024 UTO REPAIR ¢14-03-0157 SF-6-CO 03·0157 CONDOMINIUMS DR UNDEV L0 97-0156 S -2 RR ZONING EXHIBIT "A ,, ZONING CASE#: C14-2023-0068 1../ PD PENDING CASE i-? SUBJECT TRACT 1. - . ZONING BOUNDARY 1 " = 400' This product is for informational purposes and may not have been prepared for or be suitable for legal, It does not represent an on-the-ground survey and represents only the engineering, or surveying purposes. approximate relative location of property boundaries. This product has been produced by the Housing and Planning Department geographic reference. No warranty is made by the City of Austin regarding specific accuracy or for the sole purpose of Created: 6/2/2023 -6*zor? f) 03 C14-2026-0057 - 3601 Davis Lane; District 814 of 1603 C14-2026-0057 - 3601 Davis Lane; District 815 of 16City of Austin 6310 Wilhelmina Delco Dr. Austin, TX 78752 To Whom It May Concern, As the owner of the property located at the northeast corner of Davis Lane and Brodie Lane, I am writing in support of the proposed rezoning for 3601 Davis Lane. Over the past several years, this intersection has steadily evolved into a commercial corridor with a variety of services. My own property was recently rezoned to permit a wider range of commercial activity than was once contemplated in this area. Moreover, self-storage would be a low-impact addition to the intersection. Compared to other commercial options, self-storage generates significantly less operational activity, such as water usage and traffic. The city’s own traffic impact determination found that a self-storage development would have a negligible impact on the intersection, adding less than 150 vehicle trips per day. I appreciate your time and consideration of this letter and urge you to support this rezoning application. Sincerely, 03 C14-2026-0057 - 3601 Davis Lane; District 816 of 16