ZONING CHANGE REVIEWS SHEET CASE: C14-2008-0221 - Conn Tract Z.A.P.DATE: December 16, 2008 ADDRESS: 11821 - 12124 South IH 35 Service Road Northbound OWNER: South IH3 35 Investors, LP AGENT: Graves, Dougherty, Hearon & (C. W. Hetherly,Jr.) Moody, P.C. (PeterJ. Cesaro) ZONING FROM: Unzoned TO: CS-MU-CO AREA: 58.3885 acres SUMMARY STAFF RECOMMENDATION: The Staff recommendation is to grant community commercial - mixed use - conditional overlay GR-MU-CO)combining district zoning. The Conditional Overlay limits ZONING AND PLATTING COMMISSIONI RECOMMENDATION: December 16, 2008: APPROVED CS-MU-CO DISTRICT. ZONING WITH THE CO PERMITTING LIMITED WAREHOUSING AND DISTRIBUTION, AND, ALL. PERMITTED GR. DISTRICT USES, EXCEPT FOR. ADULI-ORIENIED USES, COMMERCIAL BLOOD PLASMA CENTER, PAWN. SHOP SERVICES WHICH. AREPROHIBITED, AND. LIMITING [T. RABAGO; C. HAMMOND: - 2ND] (5-0-1).B. BAKER-ABSTAIN: R. EVANS- development to less than 2,000 vehicle trips per day. DEVELOPMENT TO2,000 VEHICLE TRIPS. PER. DAY. ABSENT ISSUES: The Applicant would like to discuss the Staff recommendation. DEPARTMENT COMMENTS: The proposed area consists of undeveloped acreage located on the northbound frontage lane of IH35, and is presently outside of the City limits. There is a religious assembly use adjacent to the north property line, undeveloped land known as. Fox Hill consisting of 100- year flood plain and planned for multi-family residences further north (RR-CO; MF-2-CO), and agricultural land to the east and south (County). The intersection of State Highway 45 and IH-35 is presently under construction more than 34 of a mile to the south. Please refer to Exhibits A (Zoning Map) and A-1 (Aerial View) and B-1 and B-2 (Vicinity Maps with The Applicant has proposed general commercial services-1 mixed use - conditional overlay (CS-MU-CO) combining district zoning in order to be able to develop unspecified commercial uses. The property is presently within the Creedmoor-Maha Water Supply approximate location of SH4 45). C14-2008-0221 Page 2 Corporation CCN (Certificate of Convenience and Necessity). At this time, the City cannot provide water service to the property until Creedmoor is fully able to release this property, including necessary State and federal actions. The Applicant has also filed a City Service Extension Request (SER) in conjunction with the annexation request which lists 960 apartments, 250,000 square feet of retail uses and 8,000 square feet of restaurant uses. The Applicant's 's proposed conditional overlay is a 2,000 vehicle trip limit which allows for one of the following uses: 300 apartment units; 15,350 square feet of general retail; or 4,000 square feet of a fast food restaurant with a drive-through. The Applicant is aware that should commercial zoning be granted with a 2,000 daily trip limit, the entire tract will need to be rezoned ift the property owner (or subsequent property owners should the tract be subdivided) Although the frontage road of IH-35 is appropriate for commercial base district zoning, the proposed property is not situated at an intersection. The Staff is concerned with setting a precedent for CS base district zoning on a substantial amount of acreage on this portion of the northbound IH-35 frontage road in the absence of traffic impact analysis. The Staff recommendation is for community commercial = mixed use (GR-MU-CO) district zoning because the northbound IH-35 frontage road presently supports retail services, restaurants and apartments which are permitted uses in this district, and these uses are consistent with the desires to develop the property at a greater intensity. Applicant's SER request. EXISTING ZONING ANDLANDUSES: ZONING Unzoned RR-CO South County East County West N/A AREA STUDY: N/A WATERSHED: Onion Creek CAPITOL VIEW CORRIDOR: No NEIGHBORHOOD ORGANIZATIONS: 428- Barton Springs/Edwards Aquifer Conservation District 627 - Onion Creek Homeowners Association 742 - Austin Independent School District 786 - Home Builders Association of Greater Austin 1075 - League of Bicycling Voters LAND USES Site Undeveloped Undeveloped Agricultural North County; MF-2-CO; Religious assembly; Undeveloped and proposed for apartments (further information in Case Histories) Northbound frontage lanes of IH 35 TIA: Waived DESIRED DEVELOPMENT ZONE: Yes SCENIC ROADWAY: No C14-2008-0221 SCHOOLS: Page 3 Blazier Elementary School Paredes Middle School Akins High School CASE HISTORIES: NUMBER Hill -1 11421 - Service Road Northbound REQUEST COMMISSION CITY COUNCIL Tract 1 and MF-2-CO for Tract 2 as ZAP Commission C14-06-0191 - Fox I-RR tol RR: for To Grant RR-CO for Approved RR-CO for Tract 1; MF-2- Tract 1 with CO 11717 South IH-35 CO for Tract 2 limiting permitted improvements to drainage, underground recommended (4-19- utility improvements, 07). hike and bike trails, etc. and MF-2-CO for Tract 2, with the CO limiting development to 12 u.p.a., and the conditions of the TIA RELATED CASES: The City has received an annexation request, and annexation into the Full purpose City limits isi intended to occur in Spring 2009. There are no pending subdivision or site plan applications on the subject property. ABUTTING STREETS: Name TH35 Service Road Northbound ROW 400 feet Varies Pavement Classification Sidewalks Bike Bus Route Routes No No Highway No CITY COUNCIL DATE: February 26, 2009 ORDINANCE READINGS: 1*t ORDINANCE NUMBER: CASE MANAGER: Wendy Rhoades e-mail: wendy.rhoades@ci.austin.tx.us ACTION: 2nd 3rd PHONE: 974-7719 d8 031211-40 I-SF4; 06-019t UNDEV RR-CO 031211-40 MF-2-CO RZ-85-034 CHURCH SP-02-0115D COUNTY I SUBJECT TRACT ZONING BOUNDARY PENDING CASE OPERATOR: S. MEEKS ZONING Eyint A N ZONING CASE#: C14-2008-0221 SUBJECTAREA: 58.3885 ACRES GRID: F10 MANAGER: W. RHOADES ADDRESS: 18214212451M35SVRD NB 1"=600' This maph hast beenp produced! by GIS. Services fort thes sole purposeofg geographic reference. Nowarranlyis is madet byu the Cityo ofAustinregarding: specific accuracy or completeness. Ho BA4 SSe HSS aT 58.45 Acres IH-35 South AUSTIN, TEXAS WWW.MAAUSTIN.COM TASSNEYEN s LA DITIMARIRD YBB AUSTIN 35 RUCRO CROSS SAN LEANNA ENVAR REEGE R.D SUBJECT H45SEFamp-UnderSonstricton, R SH 15.5W TOLL M967 3RA .SE SREEDMOOR IQ PIde ÇOnc FSD SUBJECT Major Retail Sites Major Employers Elementary School Middle School High School Elementay/Secondary School Parks &Preserves E Golf Course BUDA WGOFORTHEST SUNFIELD WINFIELDMUD M2001 RD SF&MF 3/14/2008 512-346-5180 35 2008 o NAI Austin WWW.MAAUSTIN.CON A 0.5 NAI Austin Commercial Real Estate Services, Worldwide. Ex-iBit B 1Mles 58.45 Acres IH-35 South AUSTIN, TEXAS WWW.NALAUSTIN.COM SUBJECT Est. 100- Year FEMAI Floodplain 35 SH45SERamp a Under Construction 2008 o NAI Austin WWW.MAAUSTIN.COM, 3/14/2008 512-346-5180 A 250 500 NAI Austin 1,000Feet Commercial Real Estate Services,) Woridwide. EyHBir B-I C14-2008-0221 Page 4 SUMMARY STAFF RECOMMENDATION: The Staff recommendation is to grant community commercial - mixed use - conditional overlay GR-MU-CO)combning district zoning. The Conditional Overlay limits BASIS FOR LAND USE RECOMMENDATION (ZONING PRINCIPLES) 1. The proposed. zoning should be consistent with the purpose. statement oft the district development to less than 2,000 vehicle trips per day. sought. Applicant' s request: The proposed CS, general commercial serviçes district zoningi is intended for commercial ori industrial uses that typically have operating characteristics or traffic service requirements generally incompatible with residential environments. The mixed use (MU) district isi intended to allow for office, retail, commercial and residential siafrecommendation: The proposed GR, community commercial district is intended for office and commercial uses serving neighborhood and community needs, including both unified shopping centers andi individually developed commercial sites, and typically requiring locations accessible from major trafficways. The mixed use (MU) district is intended to allow for office, retail, commercial and residential uses to be combined in a The property has access to the northbound.j frontage lanes of IH 35, a major arterial 2. Zoning changes should promote an orderly and compatible relationship among land uses. Although the frontage road of] IH-35 is appropriate for commercial base district zoning, the proposed property is not situated at an intersection. The Staff is concerned with setting a precedent for CS base district zoning on a substantial amount of acreage on this portion of the northbound IH-35 frontage road in the absence of traffic impact analysis. The Staff recommendation is for community commercial - mixed use (GR-MU-CO) because the northbound IH-35 frontage road presently supports retail services, restaurants and apartments which are permitted uses in this district, and these uses are consistent uses to be combined in a single development. single development. roadway. with the Applicant's SER request. EXISTING CONDITIONS Site Characteristics property. The subject property is undeveloped and has steep slopes on the northern side of the C14-2008-0221 Impervious Cover Page 5 The maximum impervious cover allowed by the either the CS or GR zoning district is 80%, which is based on the more restrictive watershed regulations. Environmental The site is not located over the Edwards Aquifer Recharge Zone. The site is in the Desired Development Zone. The site is in the Onion Creek Watershed of the Colorado River Basin, which is classified as a Suburban Watershed by Chapter 25-8 oft the City's Land Development Code. Under current watershed regulations, development or redevelopment on this site will be subject to the following impervious cover limits: Development Classification Single-Family (minimum lot size 5750 sq. ft.) Other Single-Family or Duplex 55% Multifamily Commercial boundary. % ofNet Site Area 50% 60% 80% %with Transfers 60% 60% 70% 90% According to flood plain maps, there is no floodplain within, or adjacent to the project Standard landscaping and tree protection will be required in accordance with LDC2 25-2 and Numerous trees will likely be impacted with this rezoning case. Please be aware that an approved rezoning status does not eliminate the 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, Under current watershed regulations, development or redevelopment on this site will be 25-8 fora all development and/or redevelopment. caves, sinkholes, and wetlands. subject to the following water quality control requirements: Structural controls: Sedimentation and filtration basins with increased capture volume and 2 year detention. At this time, no information has been provided as to whether this property has any pre- existing approvals that preempt current water quality or Code requirements. The site is located within the endangered species survey area and must comply with the requirements of Chapter 25-8: Endangered Species in conjunction with subdivision and/or site plan process. C14-2008-0221 Transportation Page 6 At traffic impact analysis was waived for this case because the applicant agreed to limit the intensity and uses for this development. Ifthe zoning is granted, development should be limited through a conditional overlay to less than 2,000 vehicle trips per day. [LDC,25-6- Please note that 58.39 acres of Commercial Services-Mixed Use-Conditional Overlay (CS- MU-CO) can generate significantly more than the conditional overlay for 2,000 vehicle trips 117] per day will allow. 2,000 trips will allow for ONE of the following uses: 300 apartment units 15,350 square feet of general retail 4,000 square feet of ai fast food restaurant with a drive-through. Should this zoning request be granted with the conditional overlay, the ENTIRE tract will need to come back and be rezoned if the property owner (or subsequent property owners should the tract be subdivided) desire to develop the property at a greaterintensity. No additional right-of-way is needed at this time. Water and Wastewater This property is within the City's wastewater service area, however no service is currently available to this area. The landowner would be required to obtain approval of a Service Extension Request for wastewater service and the landowner, at his own expense, will be responsible for providing any wastewater utility improvements, offsite main extensions, system upgrades, utility relocations and or abandonments required to obtain service. The property is within Credmoor-MahasCCN, and as such the landowner would be required to obtain water service from Creedmoor-Maha. Site Plan and Compatibility Standards Any new development is subject to Subchapter E - Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted.