NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET  NEIGHBORHOODFLAN: Upper Boggy Creek Neighborhood Plan (UBCNP)  CASE#: NPA-2008-0012.03 and C14-2008-0231 PCI PUBLIC HEARING DATE: January 27, 2009  ADDRESS: 1110E E. 32nd Street  APPLICANTAGENT: Jim Wittliff, Land Answers Development Planning Consultants  OWNER: SWHI Properties LLC (D. Byron Holt, M.D.)  ZONING FROM: NO-H-NP  TO: LO-H-CO-NP  TYPEOF AMENDMENT: The request is to change the Future Land Use Mapi from CIVIC toOFFICE. The property owner requests the change to operate a Pediatric Cardiology Clinic.  PLANADOPTION, ANDI NPCDDATE: August 1, 2002  STAFF RECOMMENDATION:  1.) Staff recommends changing the zoning to Limited Office district-E Historic- Conditional Overlay - Neighborhood Plan. The Conditional Overlay would limit the 2.) Staff recommends changing the Future Land Use Map to OFFICE.  vehicle trips to less than 300 per day.  PLANNING COMMISSION RECOMMENDATON: January 27, 2009: Planning Commission voted to APPROVE staff's recommendation for office use; was approved on the Consent Agenda by Commissioner Jay Reddy, Commissioner Mandy Dealey second the motion Planning Commission voted to APPROVE staff's recommendation for LO-H-CO-NP district zoning; was approved on the Consent Agenda by Commissioner Jay Reddy's motion, BASIS FOR RECOMMENDATION: The property is located just one lot east of the northbound frontage road of IH-35 (east side). Located to the west of the subject property is an apartment building with MULTIFAMILY land use on the FLUM and zoned Multifamily Residence Moderate-High Density district - Neighborhood Plan (MF-4-NP). The properties located to the north of the site have office and single family land uses. The land uses along the frontage road from 26h Street to the north side of Wilshire Road are MIXED USE. Staff supports the FLUM change from CIVIC to OFFICE because the request does not appear to be in conflict with the goals and objectives of the Upper Boggy Creek Neighborhood Plan. Staff also supports the zoning change from NO-H-NP to LO-H-CO-NP because it provides a transition from the CS zoning that is along the frontage road of Interstate Highway-35 to the established single family neighborhood. The applicant's agent states there are no plans to  onavote of9-0.  Commissioner Mandy Dealey second the motion on a vote of9-0.    increase the size of the building, which would keep the office to a compatible neighborhood- BACKGROUND: The Upper Boggy Creek Neighborhood Plan was created through the City of Austin's neighborhood planning process and was adopted by the City Council on August 1, 2002. The boundaries of the planning area are IH-35 on the west, RMMA redevelopment site on the north, Airport Boulevard on the east, and MLK Jr. Boulevard on The applicant requests a FLUM change from CIVIC to OFFICE and a zoning change from Neighborhood Office-Historic-Neighborhood Plan to Limited Ofiee-istoric-Condition: Overlay-Neighborhood Plan to operate a Pediatric Cardiology Clinic. The clinic will be a group of three doctors who specialize in identifying and correcting heart-related problems in infants and young children. The previous occupants of the buildings were the Children's There are two buildings on the site. The main building (4,763 sq- ft) has a historic overlay. The applicant's agent states the historic building will not be altered from the outside. There is a 2,672 sq. ft. annex building on the site as well, which was completed in 2002. The site has  scale.  the south.  Advocacy Center of Austin, which was considered. a CIVIC use.  37 parking spaces.  EXISTING ZONING ANDLANDI USES:  FLUM  ZONING NO-H-NP LO-NP, SF-3-NP SF-3-NP SF-3-NP MF-4-NP  LAND USES Office Offices, Singe-family residences Single-family residences Single-family residences Apartments  Site  Civic North Mixed Use South Single-Family East Single-Family West Multifamily  NEIGHBORIOODPLAN: The property lies within the Upper Boggy Creek TIA: The traffic impact analysis has been waived beçause the appliçant agrees to a conditional overlay that will limit vehicle trips to less than 300 per day.  Neighborhood Plan adopted in August of 2002.  WATERSHED: Boggy Creek CAPITOL VIEW CORRIDOR: No Austin Parks Foundation Anberly Airport Assn. League of Bicycling Voters Cherrywood Neighborhood Assn. Keep the Land  DESIREDI DEVELOPMENTZONE Yes HILLCOINIRIROADMAL No  REGISTERED COMMUNITYORGANIZATIONS: PODER People Organized in Defense of Earth & Her Resources    Upper Boggy Creek Neighborhood Planning Team Home Builders Association of Greater Austin Dellwood Neighborhood Assn. Austin Independent School District Austin Neighborhoods Council Mueller Neighborhoods Coalition Homeless Neighborhood Organization Maplewood: Elementary School CASE HISTORIES: 2002 (C14-02-0057). ABUTTING STREETS: Name 32"d Street  SCHOOLS  Kealing Middle School  McCallum High School  The Upper Boggy Creek Neighborhood Plan rezonings were approved by Council in August  ROW 50'  Pavement 28'  Classification Collector  Sidewalks No  Bike Capital Route Metro No  No  ADDITIONAL INFORMATION PUBLIC MEETING: On December 12, 2008 approximately 270 notices were mailed to property owners and utility account holders within 500 feet of the property, in addition to environmental and neighborhood groups registered in the City's Community Registry. At the meeting on Wednesday, January 7, 2009 the only three people attended: Jim Wittliff, the agent; Don Cox, a real estate broker, and Maureen Meredith, planning staff. The meeting was scheduled to start at 6:30 p.m. The three attendees At the time of writing, only one property owner contacted staff expressing opposition to the plan amendment. The caller's concern was that the site did not have enough parking to The Upper Boggy Creek Planning Team supports the zoning change and plan amendment  left the building at 7:15 p.m.  accommodate the medical clinic use. with certain conditions.  CITY COUNCILI HEARINGDATE February 26, 2009 ORDINANCE READINGS: 1St 2nd 3td  ORDINANCE NUMBER: PHONE 974- 2695  NEIGHBORHOOD PLANNING CASE MANGAGER: Maureen Meredith  Email Maureen.Mereditheciaustin.kus ZONING CASE MANAGER: Joi Harden PHONE 974-2122 Email Jollardenecausinuus    CS-MU-CO-NP MOVING  MF-4-CO-NP  SP-02-0345D sPceo-gi21 SPC-01-03899 SPC-99,0202C 02-0014 CONCORDIA KUTHERAN PARER SP-089515D  APTS. MF-4-NP  CONOPNP  MAINT LDG.  CP81-077  TENNIS COURTS ocfor FCE  P79-005 OFFICE SPC-02-0006C PUD-NP C814-06-0068 82-0071 PARKING GARAGE  -2007-059zC FUNERAL MOME  T.CALVARY / CEMETERY UNZ  SF-3  ZONING  SUBJECT TRACT ZONING BOUNDARY PENDING CASE OPERATOR: S. MEEKS  N  ZONING CASE#: C14-2008-0231 ADDRESS: 1110E32ND: ST SUBJECTAREA: 0.9777 ACRES GRID: K24 MANAGER: J.HARDEN  1"=400  Thisr maph hast been producedb by G.I.S. Services fort thes solep purpose ofg geographic reference. Now warrantyls made byt the City ofA Austin regardings specifica accuracy or compleleness.    Upper Boggy Creek Neighborhood Planning Area  Property address: 1110E. 32nd Street Requested Land Use Change: CMCtOOFFICE  Upper Boggy Creek Neighborhood Plan Amendment NPA-2008-0012.03 This map! has been produced byt the City of Austin Neighborhood Planning & Zoning Department fort the sole purpose ofa assistingi inr neighborhood planning discussions and decisions andi ist noty warranted! for any other use. No warrantyi is made! by the City regardingi its accuracy or completeness. 0 50 100  Legend  Subject Property ES Commercial flum_combined : Mixed Use  FLU  Single-Family Multifamily  888898 Mixed Use/Office Civic Transportation SDETCAD_Parcels  200  300  400 Feet  Updated on. June 16, 2008  4    CS-MU-NP  SF-3,CO-NP  S-MU-CO-NP:  CO-NP  SF-3-N  ETH NP  MUCO-NR  SF-3-NP  GR-MU-NP  F3-NP  F:3-NI  DEAN  .SF-3-NP  SF-3-NP  C14-2008-0231 1110 East 32nd Street  From NO-H-NP (Neighbornood Office-Historic Combining Distric-Nelghborhiood Plan) TOLO-H-NP (Limited OfficeHistoric Combining DistrictNelghborhood Plan)    SUMMARY STAFF RECOMMENDATION BASIS FORI LAND USE RECOMMENDATION in the Upper Boggy Creek Neighborhood. Planning Area.  UPC Plan Goal One: Community Character - Preserve the character ofe each neighborhood  Objective 1.1: Commercial or institutional uses adjacent toi residential uses in the Upper Boggy Creek Neighborhood Planning Area should be complementary and compatible in Objective 1.3: The residential neighborhoods in the Upper Boggy Creek Neighborhood UPC Plan Goal Two: Land Use - Ensure that the new businesses and commercial developments within the Upper Boggy Creek Neighborhood Planning Area is neighborhood- appropriate, neigMborhood-scales, neghborhod.flendy, and. serves the nearby  scale.  Planning Area should retain and enhance their character.  neighborhoods.  UPC Plan Goal Six: Services - Develop and provide for a range ofservices that enhance the BASISF FOR LAND USE RECOMMENDATION (ZONING PRINCIPLES) 1.) The request should serve toj protect and preserve plaçes and areas of historiçal and The applicants wish to operate a Pediatric Cardiology Cliniç. The clinic will be a group of three doctors who specialize in identifying and correcting heart-related problems in infants and young children. The previous occupants of the buildings were the Children's Advocacy Center of Austin. The applicant's agent states the historic building will not be altered from the outside. The rezoning allows for reasonable use 2.) Zoning should promote a transition between adjacent and nearby zoning districts, The LO: zoning provides a transition from the CS located on the frontage road of] IH-  cultural, social, and educational fabric oft the neighborhood.  cultural significance.  and preserves al historical building. land uses, and development intensities.  35 and the single family neighborhood to the north and east.  EXITING CONDITIONS Site Characteristics  There are two buildings on the site. The main building (4,763 sq. ft) has a historic overlay. The applicant's agent states the historic building will not be altered from the outside. On the site is also a 2,672 sq. ft. annex building, which was completed in 2002. The site has 37  parking spaces.    Impervious Cover  The maximum impervious cover allowed by the NO zoning district is 60% and the maximum  impervious cover allowed by the LO: zoning district is 70%.  Environmental  The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Boggy Creek Watershed of the Colorado River Basin, which is classified as an Urban Watershed by Chapter 25-8 of the City's Land Development Code. Iti is in the Desired Impervious cover is not limited in this watershed class; therefore the zoning district This site is required toj provide on-site structural water quality controls (or payment in lieu of) for all development and/or redevelopment when 5,000 s.f. cumulative is exceeded, and detention for the two-year storm. At this time, no information has been provided as to whether this property has any pre-existing approvals which would preempt current water  Development Zone.  impervious cover limits will apply.  quality or Code requirements.  According to flood plain maps, there is no flood plain within the project area.  Trees will likely be impacted with a proposed development associated with this rezoning case. Please be aware that an approved rezoning status does not eliminate a proposed development's requirements to meet the intent of the tree ordinances. If further explanation or specificity is needed, please contact the City Arborist at 974-1876. At this time, site specific information is unavailable regarding other vegetation, areas of steep slope, or other environmental features such as bluffs, springs, canyon rimrock, caves, sinkholes, and Standard landscaping and tree protection will be required in accordance with LDC 25-2 and  wetlands.  25-81 for all development and/or redevelopment.  Transportation  A traffic impact analysis was waived for this case because the applicant agreed to limit the intensity and uses for this development. If the zoning is granted, development should be limited through a conditional overlay to less than 300 vehicle trips per day. [LDC,25-6-117). 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. The water and wastewater utility plan must be reviewed and approved by the Austin Water Utility for compliance with City criteria. 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  Water and Wastewater  tap permit.    Site Plan Review  The site is subject to compatibility standards for any new development. Along the north and  east property line, the following standards apply:  No: structure may be built within 25 feet of the property line.  No structure in excess of two stories or 30 feet in height may be constructed within No structure in excess of three stories or 40 feet in height may be constructed within No parking or driveways are allowed within 251 feet of the property line. In addition, ai fence, berm, or dense vegetation must bej provided to screen adjoining properties from views of parking, mechanical equipment, storage, and refuse collection. Additional design regulations will be enforced at the time as site plan is submitted. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. Any new development may need review and approval by the Historic Preservation Office, for  50 feet of the property line. 100 feet of the property line.  more information contact HPO at 974-3524.    UPPER BOGGY CREEK NEIGHBORHOOD PLANNING TEAM  January 16,2009  Dear Planning Commission,  In reference to cases c14-2008-0231 NPA 2008 0012.03  The property located at 1110 E32nd street was purchased by a group ofd doctors who practice Pediatric Cardiology at St. David's Hospital. The property is currently zoned Neighborhood Olige-Hisonc-Neglhutod Plan (NO-H-NP): allowing Office uses, but not Medical Office uses. The Upper Boggy Creek planning team (UBC) met with the owners and representatives oft the Cherrywood! Neighborhood Association to discuss the property owners requested a Zoning Change to Limited Olie-Hiatone-Neglhonaod Plan (LO-H-NP) to allow the Medical office use. The Upper Boggy Creek Future Land Use Map (FLUM) designates this as Civic Use. The Upper Boggy Creek initiated a land use change request on behalf of the owners to allow for the medical use provided that certain covenants were agreed upon. On October 28, 2008 the UBC voted unanimously to support the Zoning Change request and the Land Use. Amendment request, as approved by the CNA P&Z and  Steering Committees.  Support from CNA and UBC is subject to the specific agreements and restrictions recorded in the restrictive covenant filed and recorded in the Travis County Official Public Records on November 3, 2008 that require the new owners to: 1) construct a new accessible sidewalk along 32nd street, 2) remove about 2000 sf. ofa asphalt in the "panhandle" comprising the northernmost part of thej property, and 3) plant native shade trees in that  panhandle'area. amendment.  With these safeguards inj place, The UBC supports the zoning change and land use  Thad Swiderski Chair, UBC    Cherrywood Neighborhood Association  P.O. Box 4010 Austin, Texas 78765 www.cherwood.org Steering Committee Jeremy Mazur, Chair Martin Barrera Michael Bray Deb Freeman David Greene Girard Kinney Rebeccal Kohut Jack, Josey Newman Robin Peeples Eve Richter Mark Schiff Tom' Wald  City of Austin Planning Commission 301 West 2nd Street Austin, Texas 78701 Friday, January 16, 2009 C14-2008-0231 NPA-2008-0012.03 Dear Planning Commission,  Regarding the following cases particular to 1110 East 32nd Street:  The property was recently purchased by a group of doctors who practice Pediatric Cardiology at St. David's Hospital. The property. is currently zoned Neighborhood OMcestoncNegrbounoa Plan (NO-H-NP) which allows Office uses, but not Medical Office uses. At the CNA P&Z meeting on October 1, 2008, the property owners requested a Zoning Change tot Limited Omce-sorcAegriomoxa Plan (LO-H-NP) to allow the Medical office use. Also the Upper Boggy Creek Future Land Use Map (FLUM) designates this property as a Civic Use. The property owners also requested support for a Land Use Amendment that must be initiated by the Upper Boggy Creek (UBC) Neighborhood and approved by the Planning Commission and Austin City Council. On October 8, 2008, the CNA Steering Committee, acting on a recommendation of its P&Z Committee, unanimously voted to support the Zoning Change request and the Land Use. Amendment request. On October 28, 20081 the UBC voted unanimously to support the Zoning Change request and the Land Use Amendment request, as approved by the CNAI P&Z and Support from CNA and UBC is subject to the specific agreements and restrictions recorded in the restrictive covenant filed and recorded in the Travis County Official Public Records on November 3, 2008 that require the new owners to: 1)construct a new accessible sidewalk along 32nd street, 2) remove about 2000 sf. of asphalt in the "panhandle" comprising the northernmost part of the property, and 3) plant native shade trees in that  Steering Committees.  panhandle" area. Sincerely yours, A  CNAPlanning: andz Zoning Committee Chair  1of1