ZONING CHANGE REVIEW SHEET  CASE: C14-2008-0239 Courtyard Park ADDRESS: 5811 Southwest Parkway OWNERAPPLICANTE Realtex (Larry Rother) AGENT: McDill Engineering (Tom McDill) ZONINGFROM: LR-CO  P.C.DATE: January 15, 2009 C.C.DATE: February 26, 2009  TO: LR-CO  AREA: 3.026 acres (131,813 3sq.ft.)  SUMMARYSTAFFI RECOMMENDATION: Staff recommends denial ofLR-CO (Neighborhood Commercial-Conditional Overlay district zoning) to amend the permitted uses of the conditional PLANNING COMMISSION RECOMMENDATION: 1/13/2009 - The Planning Commission recommended to allow drive-in services as a permitted use under the conditional overlay (7-0; Kirk DEPARTMENT COMMENTS: The subject tract is a 3.026 acre lot zoned LR-CO and currently developed with a small mobile home park. There is a site plan application currently in review (SP- 2008 0398C) for this site which proposes al Daycare (Commercial) use and al Restaurant (General) use with a drive-through. Thej proposed development does not meet the restrictions oft the current zoning ordinançe. On September 8, 2006 a zoning case (C14-06-0141) for this property was approved by Council with a conditional overlay that prohibited several uses including Custom Manufacturing, Service Station, Off-site Accessory Parking and Drive-in Services. The applicant would like to have the prohibition on Drive-in Services removed sO that a drive-through coffee shop use can be added to the site plan. Due to prior Council direction to restrict Drive-in Services and the fact that conditions along Southwest Parkway have not changed, the staff cannot recommend a change to the conditional  overlay.  motion, Small 2").  overlay.  EXISTINGZONING ANDLANDI USES:  ZONING Site LR-CO North MF-2/MF-2-CO South GO-CO East GO-MU-CO West GO-CO AREA STUDY: East Oakl Hill WATERSHED: Barton Creek CAPITOLVIEW: CORRIDOR: No NEIGHBORHOOD ORGANIZATIONS: Oakl Hill Association of Neighborhoods Barton Springs/Edwards. Aquifer Conservation District  LAND USES Mobile Home Park Apartments Private School Undeveloped Private School  TIA: Waived  DESIREDDEVELOPMENT: ZONE: No HILLCOUNTRY ROADWAY: Yes  SCHOOLS: Oak Hill Elementary School Small Middle School    Save Barton Creek Association Home Builders Association of Greater Austin Homeless Neighborhood Association Save Our Springs Alliance Oak Acres Neighborhood. Association CASE HISTORIES: NUMBER REQUEST C14-06-0229 DR1 toGO  Austin High School  PLANNING COMMISSION CITY COUNCIL 6/22/07 - Approved staff Approved Ordinance 20070726- recommendation of GO-MU-CO 110 for GO-MU-CO & LO-MU- &LO-MU-COb by consent (9-0) CO(7-0); all3readings  C14-06-0103 GO-CO & LO- 6/13/06 C14-00-2238 MF-2-CO to 1/23/01  Approved staff 6/22/06 Approved GO-CO (7-0);  COtoGO-CO recommendation of GO-CO by AlI3readings  consent (8-0) consent (8-0)  Approved staff 4/05/01  Approved LO-CO,  LO-CO  recommendation of LO-CO by 2m/3"readings (7-0)  RELATED CASES: C14-06-0141 DRtoLO  7/25/06 Approved LO-CO by 9/28/06 Approved LR-CO (7-0);  consent (7-0).  2nd/3rd readings    BASIS FORI RECOMMENDATION  1.  The proposed zoning should be consistent with the goals and objectives of the City  Council.  On September 8, 2006, a zoning case for this property was approved by Council with a conditional  overlay that placed the following restrictions placed on the permitted uses:  Custom Manufacturing Service Station Off-site Accessory Parking Drive-in Services  Due to prior Council direction to restrict Drive-in Services and the fact that conditions along Southwest Parkway have not changed, the staff cannot recommend a change to the conditional  overlay.  EXISTING CONDITIONS  ENVIRONMENTAL  This site is located over the Edwards Aquifer Recharge Zone. The site is in the Barton Creek Watershed of the Colorado River Basin, which is classified as a Barton Springs Zone (BSZ) Project applications at the time of this report are subject to the SOS Ordinance that allows 15% impervious cover in the recharge zone, 20% impervious çover in the Barton Creek watershed and 25% impervious cover int the Contributing zone. This tract lies ini thei recharge zone. According to flood plain maps, there is no flood plain within thej project location.  watershed. Itisi in the Drinking Water Protection Zone.  The site is located within the endangered species survey area.  Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for Numerous 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 aj 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, Under current watershed regulations, development or redevelopment on this site will be subject to providing structural sedimentation and filtration basins with increased capture volume and 2 year detention. Runoff from the site is required to comply with pollutant load restrictions as specified in At this time, no information has been provided as to whether this property has any preexisting  all development and/or redevelopment.  springs, canyon rimrock, caves, sinkholes, and wetlands.  LDC Section 25-8-514.  approvals which would preempt current water quality or Code regulations.    Water and Wastewater  If 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 the water and wastewater utility improvements, offsite main extensions, system upgrades, utility relocations and or abandonments required. The water and wastewater plan must bei in accordance with the City of Austin utility design criteria. The water and wastewater utility plan must be reviewed and approved by the Austin Water Utility. 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 tapi permit. Stormwater Detention  At the time a final subdivision plat, subdivision construction plans, or site plan is submitted, the developer must demonstrate that the proposed development will not result in additional identifiable flooding of other property. Any increase in stormwater runoff will be mitigated through on-site stormwater detention ponds, or participation in the City of. Austin Regional Stormwater Management  Program ifa available. TRANSPORTATION: Name Southwest Pkwy  ROW Pavement Classification Sidewalks Bike  Bus Route Routes No No  109' 70'  Arterial  Yes  No additional right-of-way is needed at this time.  A traffic impact analysis was not required for this case because the traffic generated by the proposed zoning does not exceed the threshold of2,000 vehicle trips per day. [LDC,25-6-113)  SITEPLAN  There is a site plan application currently in review (SP-2008-0398C) for this site which proposes a Daycare (Commercial) use and a Restaurant (General) use with a drive-through. The proposed This tract is already developed and the proposed zoning change is a footprint within the existing Site plans will be required for any new development other than single-family or duplex residential. Any development which occurs in an SF-6 or less restrictive zoning district which is across the street from, adjoining or located 540-feet or less from property zoned SF-5 or more restrictive, or on which au use permitted in an SF-5 or more restrictive: zoning district is located willl be subject to compatibility The site is located within 1,000 feet of Southwest Parkway and within a Hill Country Roadway Corridor. The site is located within the low intensity zone of Southwest Parkway. The site may be  development does not meet the restrictions of the current zoning ordinance.  development.  development regulations.  developed with the following maximum floor-to-area ratio (FAR):    Slope 0-15% 15-25% 25-35%  Maximum FAR .20 .08 .04  Except for clearing necessary to provide utilities or site access, a 100 foot vegetative buffer will be required along Southwest Parkway. At least 40% of the site (excluding dedicated right-of-way) must The allowable height is as follows: in the Southwest Parkway corridor may not exceed the lesser of Prior to the issuance ofa building permit for the proposed use, a site plan must be approved by the  be left in ai natural state.  1.)The height permitted by the zoning district or,  2.)60 feet.  Planning Commission  CITY COUNCILDATE 2/26/09 ORDINANCE READINGS: 1st ORDINANCE) NUMBER: CASE MANAGER: Stephen Rye  ACTION: 2-d  3rd  PHONE: 974-7604 tphaneadautnikas    RR  RR-CO  DR 92-0118  RF  SF-2 SPC-96-0053C  UNDEV  00-2238 LO-CO 95-0058 SPC-93-0611A  SP92-302C SPC-960053  2-bo  SPC-96-0053C  C14R.85-364RC SP92-290C APARTMENTS  C14R-85-364RC MF-2 APARTMENTS  DR UNDEV  GR-CO  UNDEV DR  SCHOOL  86-077  06-0229 GO-MU-CO  GR-CO  SP97-0320C  GO-CO  G9SR3  96-0161  SP-06-0055C LO-CO 05-0023  LO-MU-CO  ZONING  SUBJECT TRACT ZONING BOUNDARY PENDING CASE OPERATOR: S. MEEKS  N  ZONING CASE#: C14-2008-0239 ADDRESS: 5811 SOUTHWEST PKWY SUBJECTAREA: 3.026 ACRES GRID: D20 MANAGER: S.RYE  This mapl hasb beeng producedb by G.L.S. Servicesf fort thes soley purpose ofg geographic reference. Now warrantyisn made byt the City ofAustiniegarding: specifica accuracyor completeness.  1"=400'    RR  RR-CO  RR  SF-2  DR  GO-CO  RR  LOCO  RR ED-CO  NOA  GR-CO3 E 16 90  90:  EUS2901HWAEBE CS-CO! CO O:CO, MF-3  GR-CO GS-1CO  W:US:290HWY yRU EB  ODR  SF-2  C14-2008-0239 5811 Southwest Parkway  From LR-CO to LR-CO  Neighborhood commercial-Conditional Overlay) District Zoning    ORDINANCE NO. 20060928-084  AN ORDINANCE REZONING AND CHANGING THE ZONING MAP FOR THE PROPERTY LOCATED AT 5811 SOUTHWEST PARKWAY FROM DEVELOPMENT RESERVE (DR) DISTRICT TO NEIGHBORHOOD COMMIERCIAL-CONDITIONAL OVERLAY (LR-CO) COMBININGINGDISTRICT. BEITORDAINED 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 development reserve (DR) district to neighborhood commercial-conditiona. overlay (LR-CO) combining district on the property described in Zoning Case No. C14-06-0141, on file at the Neighborhood Planning and Zoning  Department, as follows:  A: 2.99 açre tract of land, more or less, out of the Thomas Anderson League No. 17,1 Travis County, the tract ofland being more particularly described by metes and bounds in Ehbit"A'incorporated into this ordinance (the Property"),  locally known as 5811 Southwest Parkway in the City of Austin, Travis County, Texas, PART 2. The Property within the boundaries oft the conditional overlay combining district  and generally identified in the map attached as Exhibit "B".  established by this ordinance is subject to the following conditions: 1. The following uses are prohibited uses of the Property:  Custom manufacturing Service station  Off-site açcessory parking  2. Drive-in service is prohibited as an açcessory use to commercial uses.  3. A site plan or building permit for the Property may not be approved, released, or issued, ifthe completed development or uses of the Property, considered cumulatively with all existing or previously authorized development and uses, generate traffic that exçeeds  2,000 trips per day.  Page 1 of 2    Except as specifically restricted under this ordinance, the Property may be developed and used in accordançe with the regulations established for the neighborhood office (LR) base  district and other applicable requirements of the City Code. PART 3. This ordinance takes effect on October 9, 2006.  PASSED AND APPROVED  $ S S  September 28  2006  ANA- Mayor  APPROVED  ATTEST:  hiclu AA Shirley A.Gentry City Clerk  AL  City. Attprney  Page 2 of 2    A Hu ASsOCIATION os NemBOANOODS  Neighbosi ins emsstosodhwal Aurtin.  chanorg  Resolution in support of 5811 Southwest Parkway  WHEREAS, this project is the first to be attempted under the new' Redevelopment WHEREAS, this project will improve the water quality coming offt the site WHEREAS, this project attempted to meet the SOS requirements, the Hill Country Roadway Ordinance, and the Design Standards Ordinance, where necessary SOS  Ordinance of2007"  requirements were implemented  WHEREAS, this neighborhood can use a child care facility an immediately neighboring residential area  WHEREAS, this project will serve the immediate community, and not pose any threat to NOW, THEREFORE, BEI ITI RESOLVED, that the Oak Hill Association of Neighborhoods supports the Children's Courtyard, at 5811 Southwest Parkway, project and urgesi its approval by the. Austin Zoning and Platting Commission and the Austin  Council.  City  Approved by unanimous vote September 10, 2008 D-w K. Rorg  Dwain Rogers President  P.O. Box 90906, Austin, Texas 78709-0906    TRAVIS COUNTRY CSA.INC. 4504 Travis Country Circle, Austin, TX 78735 Phone; 512-892-2256 Fax: 512-891-9554 E-mail: cofie@tavicoumtycon  Mr. Stephen Rye CityofAustin 505 Barton! Springs Road Austin, Texas' 78704 January 7,2009 Re: 5811 Southwest Parkway Zoning Case C14-2008-0239 Dearl Mr. Rye:  Neighborhood Planning and Zoning Department  On behalf the' Travis Country Neighborhood Association, the Travis Country Board of Directors would like to state our opposition to the referenced Zoning Case. The Board is unanimous (with the exception of one board member who has recused himself and is not involved) in opposing the zoning change as proposed by Zoning CAxeC142008-0239, for property located at 5811 Southwest Parkway. Travis Country is a community of 1500+ homes located off of Southwest Parkway, west of its intersection withl MoPac. We! have a direct interest ins seeing that development along Southwest Parkway, tot the extent it occurs, fully complies with all zoning and other applicable overlays, nales and restrictions. We are very concemed over the procedent setting nature of allowing a drive-through restaurant along this The granting of such requests would start us down a slippery slopet towards more and more of these requests along with other variancesyexceptions, which would damage the scenic nature, traffic flow and safety along Southwest Parkway. This will negatively affect those of us who reside in the area. The conditions establisbed from the 2006 zoning case on this property, along with other development  scenic roadway, particularly with access directly onto: Southwest Parkway.  regulations, were put in place for good reason and should not bes set aside. Specifici issues we have with the proposed: zoning case follows:  I. Precedence for allowing drive-through: restaurants along Southwest Parkway.  2, The location of the proposed restaurant building, drive-through lane, and other ancillary uses, as shown on the applicant's supporting site plan, is noti in compliance with the Hill Country Scenic Roadway Comidor setback rules and regulations and would adversely impact the scenic 3. The location of the proposed drive-through lane, in our opinion, creates hazards with Southwest Parkway traffic and we strongly recommend the City's transportation staff review this thoroughly. We foresee direct nighttime headlight conflicts with eastbound parkway traffic, and  preservation intent oft these rules.    the 180 degree tum required to exit the drive-through lane onto Southwest Parkway will likely require vehicles to encroach into multiple lanes, creating additional safety concers. For these reasons, we oppose the changes requested in the referenced zoning case. Please feel frec to  contact me should you have any questions.  Sincerely,  Anthony Peterman President  Travis Country CSAI Board of Directors    KOONIZ-MCCOMBS  January 7, 2009  Mr. Tom McDill Tom McDill Company 10706 Indian Scout Austin, TX 78736  RE: 5811 Southwest Parkway  Dear Tom:  This letter provides our support ofy your zoning case for 5811 Southwest Parkway which will allow construction on your property ofa drive-thru: restaurant. This restaurant will be located adjacent to our property at 5707 Southwest Parkway. Wel believe that adding a drive-thru restaurant along Southwest Parkway will benefit the community by providing ai nearby dining option without having to drive two miles We fully support your request from the City of Austin for a change in zoning status for  or more to other similar establishments ini the South MoPac area.  your property. syiçer  Rick Potter Vice President  BAITON CREE PLALA ORE  3755 CAPITAL OF TEXAS HIGEMAY SBDTI, SHTE 145, AUSTI, TEKAS 78704 PBDE: 512.851.2288 FAX: 512.151.2201    John Noell Building 6 5900 Southwest Parkway Austin, TX 78735  January 7, 2009  Tom McDill Tom McDill Company Austin, Texas Dear Tom:  Re: Southwest Parkway Development  This letter is provided in support of your zoning case which will allow construction of a drive through restaurant across Southwest Parkway from my property. Ibelieve that in conjunction with the day care facility a restaurant wouid be al benefit to the community allowing people officing along Southwest Parkway to have an option to eat out locally rather than drive Ihave asked the other members of the Board at 5900 Southwest Parkway for comment and! have received only one comment and it was positive for your proposal. Thank you for the  additional miles to the restaurants along South MoPac. opportunity to review your plan and provide input.  Sincerely, Dwl U Ak John Nopil    David Richardson 7850 El Dorado Dr Austin, TX 78737 January 7,2009 City of Austin 301 W2"d Street Austin, TX78701 Dear CM McCracken  To: Councilman Brewster McCracken  Oak Hill now has its Neighborhood Plan. Still, there are many needs and issues that remain unresolved. The Comprehensive Plan offers an opportunity to address some of those, specifically, roads, mobility and connectivity, parks and trails as well as managing the growth anticipated for the Oak Hill area and the greater Barton Springs Zone in Hays County. The Leffingwell redevelopment ordinance has had virtually no impact on redevelopment in Oak Hill. Commercial real estate developers do not see any opportunity offered by the ordinance sO we're stuck with legacy development: and blight. There is soI much more the City could do to transform that legacy development to better serve our community and the environment Unfortunately, staff in some departments still hold on to the erroneous belief policy status quo serves the environment It doesn't. We're losing ground (literally) in Hays County and Oak Hill. Iti is clear that development will continue in Hays County. The Belterra effluent dscharge controversy demonstrates the City is incapable of regulating their way to preservng the Aquifer Burdening (re)development in Oak Hill with disconnected single use pad sites with separate drive cuts complicates traffic safety issues but this is the norm. Well intentioned but uninformed folks fail to see that bad policy just shifts development pressure into Hays County. As a result, Oak Hill fails to get the quality commercial services we need. Our higher DVMT adds to air pollution. Conflicted policies guiding redevelopment is exemplified at 5811 Southwest Parkway where a trailer park redevelopment proposal is under consideration. Current land use now fails to serve the environment or the community with blight and outdated septic systems. A daycare center and asmall restaurant would serve the community better with combined land uses. The community, neighbors, OHAN, and the Oak Hill NPCT recognize the clear benefits. to redeve opment. Somehow staff even opposes putting this on the consent agenda. Something is amiss. Contorted interpretations of City policies prevent reasonable redevelopment in the BSZ and just amps up sprawl in Hays County. If new urbanism is desired for the rest of Austin, iti is urgently needed int the BSZ. Current development policies and codes as staff applies them within the BSZ just perpetuate blight, sprawl and auto dependent land use to say nothing of loss of ground water Council could greatly benefit the environment and Oak Hill by aligning development policies and codes with regional goals to give clear direction to staff and end the confusion at One Texas  help  and Barton Springs.  Growth in Hays County adds more DVMT and congestion in Oak Hill.  resources and water quality.  Center. No simple task, but sorely needed. Thanks.  BRB David Richardson    ORDINANCENO. 20060928-084  AN ORDINANCE REZONING AND CHANGING THE ZONING MAP FOR THE PROPERTY LOCATED AT 5811 SOUTHWEST PARKWAY FROM DEVELOPMENT RESERVE (DR) DISTRICT TO NEIGHBORHOOD COMMIERCIAL-CONDITIONAL OVERLAY (LR-CO) COMBINING DISTRIÇT. BEITORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. The zoning map established by Section 25-2-191 ofthe City Code is amended to change the base district from development reserve (DR) district to neighborhood commercial-condition: overlay (LR-CO) combining district on the property described in Zoning Case No. C14-06-0141, on file. at the Neighborhood Planning and Zoning A 2.99 acre tract of land, more or less, out of the Thomas Anderson League No. 17, Travis County, the tract ofland being morej particularly described by metes and bounds in Exhibit' "A"incorporated into this ordinance (the "Property"), locally known as 5811 Southwest Parkway in the City of Austin, Travis County, Texas, PART 2. The Property within the boundaries of the conditional overlay combining district  Department, as follows:  and generally identified in the map attached as Exhibit "B".  established by this ordinance is subject to the following conditions: 1. The following uses are prohibited uses of the Property:  Custom manufacturing Service station  Off-site açcessory parking  2. Drive-in service is prohibited as an accessory use to commercial uses.  3. Asite plan or building permit for the Property may not be approved, released, or issued, ift the completed development or uses of the Property, considered cumulatively with all existing or previously authorized development arid uses, generate traffic that exceeds  2,000 trips per day.  Page 1 of2    Except as specifically restricted under this ordinance, the Property may be developed and used in accordance with the regulations established for the neighborhood office (LR) base  district and other applicable requirements of the City Code. PART3. This ordinance takes effect on October 9, 2006.  PASSED AND APPROVED  $ S.  September 28  2006  WANA- Mayor  APPROVED! DAL  ATTEST:  David AllanSmith City Attprney  Clerk City    Page 2 of 2    PEXPN  >  HILL COUNTRY ROADWAY CORRIDORS Producedby CTM Regional Mapping  HIGHINTENSITY MODERATE INTENSITY Addionali ifariterial intersectionsn ins Sec. 3bandtOuren may HMODAVENIaIT LOW INTENSITY  GityofAustin ETI